Session nears end, may finish early

IL Staff
February 26, 2010
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This session of the Indiana General Assembly is scheduled to end March 14, but legislators are working to try to finish the session early. It's not known for certain when the House and Senate will wrap up, but both sides have the goal to possibly end by March 7, one week before the constitutionally scheduled deadline.

March 3 is the scheduled last day for reading Senate and House bills before the other chamber, but the last day for second reading in the House ended up being Wednesday. The last day for third reading in the House was Thursday.

- Senate Bill 36, a magistrates' bill, offered an amendment on second reading that weaved judicial-mandate language into the bill, but the amendment failed to pass. The bill passed unanimously on third reading Thursday and is ready for enrollment.

- SB 163, a child support bill with the controversial provision allowing for garnishment of back child support from casino winnings, was returned to the Senate with amendments. - Amendments to the grandparent visitation bill, SB 59, including one that would give children more of a voice as they get older regarding visitation, failed to pass on second reading. The bill died on third reading Thursday.

- SB 307, on Bartholomew, Clark, and Floyd courts, was returned to the Senate with amendments, including one on making new infraction judgments "advisory." The bill is now in conference committee.

- SB 149, regarding Department of Child Services matters, including out-of-state placement, passed by a vote of 83-16 on third reading. 

SB 224, an electronic dissemination of indecent material and sex offender registration bill; SB 394, regarding attorney general matters; and SB 399, on fines for moving violations all passed second reading without amendments as of Indiana Lawyer deadline. In the Senate, three bills of interest to the legal community moved back to the House with amendments: House Bill 1154, on Marion County courts converting commissioners into magistrates; HB 1271, on problem-solving courts; and HB 1276, which includes Judicial Technology Automation Committee matters. 

HB 1154 now has a stipulation that traffic infraction money doesn't revert to the county general fund or state general fund for general use, and the money can only be used to compensate commissioners or pay guardian ad litem costs. HB 1271 was amended so that mental-health records of a patient may be disclosed to the court without consent. Five amendments to HB 1276 failed on second reading, including one that required a program to collect domestic violence data and report it to the FBI; the only one to pass dealt with the kinds of medical records that should be available for public inspection.


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  1. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  2. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  3. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  4. I hope you dont mind but to answer my question. What amendment does this case pretain to?

  5. Research by William J Federer Chief Justice John Marshall commented May 9, 1833, on the pamphlet The Relation of Christianity to Civil Government in the United States written by Rev. Jasper Adams, President of the College of Charleston, South Carolina (The Papers of John Marshall, ed. Charles Hobson, Chapel Hill: Univ. of North Carolina Press, 2006, p, 278): "Reverend Sir, I am much indebted to you for the copy of your valuable sermon on the relation of Christianity to civil government preached before the convention of the Protestant Episcopal Church in Charleston, on the 13th of February last. I have read it with great attention and advantage. The documents annexed to the sermon certainly go far in sustaining the proposition which it is your purpose to establish. One great object of the colonial charters was avowedly the propagation of the Christian faith. Means have been employed to accomplish this object, and those means have been used by government..." John Marshall continued: "No person, I believe, questions the importance of religion to the happiness of man even during his existence in this world. It has at all times employed his most serious meditation, and had a decided influence on his conduct. The American population is entirely Christian, and with us, Christianity and Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. Legislation on the subject is admitted to require great delicacy, because freedom of conscience and respect for our religion both claim our most serious regard. You have allowed their full influence to both. With very great respect, I am Sir, your Obedt., J. Marshall."