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Key Senate committees meet during first week

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This story was published in Capitol Watch, a supplement to Indiana Lawyer daily.


In the first week after the Indiana General Assembly returned, lawmakers addressed several bills during two key committee meetings particularly relevant to the state's legal community.

On Tuesday, the Senate Corrections, Criminal and Civil Matters committee met for the first time and discussed four bills:

- SB 26, targeting the child solicitation penalties when someone displays intent to physically meet with a child in person or by a computer; that bill was withdrawn because of its fiscal impact, but Sen. Randy Head, R-Logansport, plans to reintroduce it this session.

- SB 29, which protects county clerks from being personally liable for acts or omissions occurring while they're doing their duties, as long as negligence or intentional disregard for their responsibilities wasn't in play. The committee passed it 10-0 and sent it to the full Senate for consideration. 

- SB 71, which targets the unlawful termination of a pregnancy in cases where someone operates a vehicle while intoxicated and causes the fetus' death. Senators unanimously referred the bill to the Corrections and Criminal Matters subcommittee for further review.

- SB 81, which creates a 20-member Criminal Law and Sentencing Policy Study Committee that would take effect in July to replace the current Sentencing Policy Study Committee set to expire at the end of 2010. The bill passed 7-3, though Sen. Richard Bray, R-Martinsville, didn't attend to vote, and Sens. Michael Young, R-Indianapolis, Michael Delph, R-Carmel, and Brent Waltz, R-Indianapolis opposed it. They expressed concerns about how much authority the governor should have in appointing some committee members, such as judges who might sit on the panel.

On Wednesday, the Senate Judiciary Committee met for the first time this session and discussed at length one single piece of legislation: SB 163, a catch-all bill aimed at tweaking state statutes on the child support collection process. Several components include matching state statute with what federal law says on income withholding and participating in family assistance programs.

The bill also addresses medical costs in relation to how child support is calculated, and allows various state agencies or boards to suspend licenses if payments aren't made. Most aspects involve the Indiana Department of Child Services. Of the various provisions, the most controversial aspect of the legislation involves a "gaming interference" provision that would allow the state to seize delinquent child support on certain larger casino wins. The bill would put casinos in charge of checking gamblers with single-game winnings of at least a certain amount - possibly ranging from $1,200 to $1,500 - against a list of parents who are at least $2,000 behind in child-support payments.

Currently, about 165,000 noncustodial parents fit that description and owe more than $2 billion in back child-support payments, according to the state agency handling most of the child support collection task.

DCS Director James Payne told lawmakers that the legislation would be a similar setup to how all banks are currently required to do periodic checks against a database for anyone who owes child support, and how the insurance industry voluntarily participates in a similar check when handling insurance award payouts. Other states, such as Colorado, use this method, and lawmakers questioned whether this would be beneficial to the state or overly burden the gaming industry.

"We recognize this could be a burden on the gaming institutes... but this is important to make sure these kids get the support legally owed to them," Payne said.

The Casino Association of Indiana feels the legislation unfairly targets the state's gaming industry and would cause a 2-minute delay on casino floors while names of winners are checked against an electronic list of people who owe child support. That could mean more than 13,000 work-hours annually, just for the checks. This would result in widespread waits and could cause gamblers who might be impacted by this bill to go outside Indiana to gamble, according to the group's director Mike Smith.

"With our tax burdens, we are paying our fair share to have the privilege of operating in Indiana," he said. "We just ask not to be additionally burdened."

Some lawmakers suggested increasing the amount of winnings that would trigger a database search. Sen. Bray said he wants to get this legislation to the floor for consideration as soon as possible, though it's currently scheduled for more discussion at the Jan. 13 meeting.

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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