University of Evansville to Offer Transfer Assistance to Displaced St. Joseph Students

With St. Joseph’s College closing after their spring semester due to budget concerns, The University Of Evansville is offering assistance to these soon to be displaced students. UE Vice President Shane Davidson wants St. Joseph students to know…

Indiana Legislature Stays Busy

submitted by Joshua Claybourn

Numerous bills continue before the Indiana legislature this session that would have the potential to substantially impact Hoosier municipalities and local governments. Accelerating Indiana Municipalities (AIM), formerly Indiana Association of Cities and Towns, offers its latest bill tracking list here. The road funding bill (HB 1002) has met some resistance from conservative lobbying groups due to the increase in gas taxes, but it appears to be headed to passage in some form.

Senator Proposes Dramatic Changes To Annexation

Senator James Buck of Kokomo authored SB 381 in an attempt to dramatically change the process of annexation in Indiana. SB 381 allows county commissioners to stop an annexation from taking place if the annexation ordinance is adopted by a city or town after June 30, 2017. If the commissioners deny the annexation, the annexation proceedings are terminated. The bill also adds requirements to what must be included in the annexation fiscal plan. SB 381 is scheduled for a hearing before the Senate Local Government Committee on February 8th.

Federal tax reform and bonds

The National Association of Bond Lawyers (NABL) has raised the specter of the new administration and Congress scaling back tax-exemption of government bonds. That would mean curtailing or eliminating the exclusion of interest on state and local bonds, which encourages private investment in the bonds and allows state and local governments to borrow at reduced rates. The NABL Board of Directors met in Washington January 25th to 27th and visited the members of the House Ways and Means and Senate Finance Committees, the co-chair of the House Municipal Caucus, and the staff of the committees. The reception was generally favorable but, as one Republican staff member rather bluntly pointed out, his boss would support a bill repealing some or all tax-exemptions. The Joint Committee on Taxation estimated that tax-exempt governmental bonds will cost the federal government $194 billion dollars for fiscal years 2016 through 2020.

Battle over local control continues

Indiana’s “Home Rule” grants to local municipalities any powers “…not expressly denied by the Indiana Constitution or a statute, or granted to another entity.” In other words, cities, towns, and counties generally have wide authority to govern their own jurisdictions. However, over the years that authority has been restricted and reigned in. First it was a ban on local governments setting a local minimum wage or regulating guns. Then came prohibitions on paid sick leave, housing regulations, worker schedules, and even plastic bags.

This session the legislature has targeted local regulation of short term rentals like Airbnb in HB 1133. The bill greatly restricts local control, especially with regard to zoning. A second reading amendment that would have made the bill less restrictive failed by only one vote and the third reading vote will likely be very close. Meanwhile, SB 213 would restrict local control and permitting of telecommunication projects like small cell towers or other projects on publicly owned utility poles, traffic signals, or signage structures. In addition to restricting local permitting, SB 213 also regulates the fees that a local unit may charge for the utilization of utility poles by telecom providers. This may impact existing contracts and rate structures that local units are currently operating under.

FOOTNOTE: This article was submitted by Joshua Claybourn.  Joshua is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance.

Growth Asks Supreme Court To Order Release Of Pence E-Mails

IL for www.theindianalawyer.com

An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.

William Groth’s appeal asks for access to emails sent to Pence in 2014 in which a staffer for Texas Attorney General Greg Abbott outlined a legal strategy for challenging then-President Barack Obama’s executive order on immigration.

The Indiana Court of Appeals last month found the documents are privileged attorney-client communications. Groth’s appeal, filed Monday, argues that Pence did not solicit legal advice from the Texas attorney, who is now that state’s governor, and that they therefore have no privileged relationship to protect.

On his petition for transfer, in addition to seeking the emails, Groth asks whether the Court of Appeals improperly expanded the common interest doctrine to impose confidentiality on a communication that was not generated in an attorney-client relationship and that was shared outside the relationship with non-clients. Groth also wants the justices to determine whether the COA improperly expanded the deliberative materials exception in the public records law to include information received from outside an Indiana government agency.

The Associated Press left a message Tuesday seeking comment from Pence’s attorney.

The Supreme Court has yet to decide whether it will consider the appeal.

INDIANAPOLIS- State Rep. Ryan Hatfield (D-Evansville) enjoyed a most productive Tuesday at the Indiana Statehouse, with House members approving three separate measures bearing his name.

Hatfield authored House Bill 1571, which will allow a coroner, in certain circumstances, to make available an autopsy report to a peer review committee at the hospital where the decedent was treated immediately before death. The measure passed 95-0.

“This bill allows coroners to review autopsy reports to make sure that hospitals use best practices,” said Hatfield. “It will also ensure that hospitals have all the information needed to make essential decisions regarding their employees and procedures.”

“It is vital that hospitals are safe, productive health care environments that keep Hoosiers healthy. I believe this legislation will help do that,” Hatfield added.

Joining the lawmaker as a co-author on the legislation was State Rep. Ron Bacon (R-Chandler).

“As a respiratory therapist and a former coroner, I believe this policy would be beneficial for health-care professionals and the Hoosiers they treat,” said Bacon. “Providing health-care professionals access to autopsy reports allows those in the medical field to learn from what happened with each patient. This legislation could possibly lead to improved preventative care based on findings in these reports.”

Hatfield joined State Rep. Thomas Washburne (R-Evansville) on House Bill 1406, which raises the penalties for selling and manufacturing methamphetamine. The bill passed 95-0.

This legislation will increase the penalty for those who manufacture meth from a Level 5 Felony to a Level 4 Felony and the penalty for causing the death of a person while manufacturing meth from a Level 5 Felony to a Level 2 Felony.

“Methamphetamine is a scourge on our community,” Hatfield said. “Today, we send a message more clearly and more powerfully that you cannot manufacture methamphetamine in Indiana.”

Hatfield also joined Washburne on House Bill 1091, which increases the punishment for anyone who accesses the Internet with the intent to view child photography to a Level 6 felony. The measure was approved 96-0.

It also requires a person convicted of disseminating material harmful to minors to register as a sex offender if the person is a child care worker and distributes any material to a child who is under the person’s supervision or attends the school at which the person is employed.

“This legislation is vital to stopping child pornography and keeping our children safe from predators,” Hatfield added. “It catches the law up to the times and the advancements in online streaming.”

All three pieces of legislation are moving to the Senate for further review.