Indiana Senate Passes “Peeping Tom” Drone Bill
The Indiana Senate passes a bill creating a new charge for anyone using a drone for voyeurism. State Sen. Eric Koch says the peeping drone bill “keeps the law ahead of technology.†The measure creates a remote aerial voyeurism crime and…
| On February 23, Indiana State Police Superintendent Douglas Carter promoted Lieutenant Mark R. Davis to the rank of captain to serve as assistant commander of the Indiana State Police Commercial Vehicle Enforcement Division. The Commercial Vehicle Enforcement Division is responsible for enforcing both state and federal regulations on all commercial motor vehicles.
Davis is a native of Fort Wayne and a 1973 graduate of Fort Wayne Northside High School. He attended Ball State University and graduated in 1979 with a BS in Criminal Justice. Davis began his law enforcement career in 1983 upon graduation from the 41st Indiana State Police Academy.  He was assigned to the Lowell Post and patrolled Jasper and Newton Counties.  In 1987 he transferred to the Seymour Post.  In 1992, Davis was promoted to Squad Sergeant and supervised troopers in Bartholomew, Jackson and Jennings Counties. August 2003, he was promoted to Lieutenant to serve as commander of the Seymour District. Upon the closing of Seymour he transferred to the Commercial Vehicle Enforcement Division to serve as Lieutenant. Captain Davis will be the Assistant Division Commander for the Indiana State Police Commercial Vehicle Division. He will be the assistant commander to 120 employees, both enforcement and civilian, statewide. Captain Davis resides with his wife, LuAnn in Bartholomew County. |
The Indiana Economic Development Corporation (IEDC) has approved Regional Cities Initiative funding to support housing and mixed-use developments at Oakland City University and the construction of a Regional Medical Center in Poseyville.
“As our state’s economy continues to advance, it is crucial that we address the greatest economic threat facing the state, population stagnation,” said Indiana Secretary of Commerce Jim Schellinger. “The expansion of Oakland City University provides a means to grow enrollment, strengthen alumni relationships and spur economic opportunity in surrounding communities while the construction of the Regional Medical center will give residents quicker access to medical treatment, a core element of quality of place.”
“Both the Oakland City University Boulevard Commons and the Regional Medical Center perfectly align with the goals of the Indiana’s Great Southwest plan for attracting and retaining talent while building a better quality of place,†said Beth McFadin Higgins, president of the Southwest Indiana Regional Development Authority.
OAKLAND CITY UNIVERSITY
Oakland City University will construct two structures - a student residence complex and an alumni lodge. The two-floor, 30,000-square-foot student resident hall, which will be located just west of the J. Michael Dunn Art Gallery on Williams Street, will allow the university to accommodate approximately 100 more students.
The second facility, a mixed-used space, will comprise commercial retail space and a 13,000-square-foot alumni lodge with overnight accommodations for guests, a conference center and hospitality suite. The new alumni lodge will be located at the intersection of Fifth Avenue and Williams Street on Oakland City University’s campus.
Total Project Investment: $14.9 million
State funding: $2.9 million
“Oakland City University is pleased to be a part of the Regional Cities Initiative,†said Dr. Robert Yeager, vice president for administration and finance at Oakland City University. “We believe the outcome of this project will open up opportunity for students and the overall economy of Oakland City and Gibson County, as well as aid in the overarching goals of Indiana’s Great Southwest.â€
REGIONAL MEDICAL CENTER
The Poseyville Medical Foundation will construct a medical facility to house two family practice physicians with room to expand. The Regional Medical Center will update local medical services, including laboratory services, for residents of Posey, Gibson and Vanderburgh counties.
The facility will be located at 40 West Fletchall Street in Poseyville. Located near I-64, the medical center will enhance the region’s quality of place by ensuring convenient access to medical treatment and will expand access to quality health care for rural residents in southwest Indiana.
Total Project Investment: $700,000
State funding: $135,247
“The Poseyville Medical Foundation Inc. saw a great need in our rural communities for quality medical care for area residents,†said Bruce Baker, vice president of the Poseyville Medical Foundation Inc. and Poseyville Town Council president. “With assistance from the Regional Cities funding, the Regional Medical Center will be on its way to fulfill this need swiftly as well as helping retain resident doctors.â€
Regional Cities Initiative in Southwest Indiana:
These projects were recommended for funding by the Southwest Indiana Regional Development Authority (RDA) and are part of the region’s Indiana’s Great Southwest plan, which outlines a goal of 11 regional development projects in four counties totaling $926 million in quality of place investments.
Southwest Indiana was one of three Indiana regions selected to receive state funding through the Regional Cities Initiative, which will allocate a total of $126 million toward 100 quality of place projects totaling more than $2 billion in combined state, local and private investment in order to retain and attract top talent to the Hoosier state.
 Marty McFly is a 1-year-old male black cat. He’s extremely affectionate and loves to be held! He came into the VHS as a tiny baby on October 21, 2015 – on Back to the Future Day, hence the name! His $30 adoption fee includes his neuter, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for adoption details!
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COA Affirms Damages Award To State
Olivia Covington for www.theindianalawyer.com
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
In 2010, Alan Mizen, chief financial officer for Center Township in Marion County, deposited a check for nearly $350,000 into an account held by “Alan S. Mizen DBA Attorney’s General Clearing Tr.†He transferred the funds into his personal accounts and used the money to make various personal purchases. The check was supposed to be made payable to the treasurer of the state of Indiana, but instead was made payable to “Attorney’s General Clearing Tr.â€
A routine audit of the township in 2014 revealed discrepancies related to the check, and Mizen was subsequently charge with theft in the U.S. District Court for the Southern District of Indiana. He pleaded guilty and agreed to pay restitution in the full amount of the check.
Then in June 2015, the state filed a complaint to recover public funds against Mizen, seeking nearly $55,000 in costs related to the State Board of Accounts’ special investigation into the township, as well as roughly $1 million in treble damages, court costs, attorney fees and other costs under the Crime Victims Relief Act.
Both parties moved for summary judgment, which was granted to the state in April 2016. The Indiana Court of Appeals affirmed that decision in part Tuesday, with Judge Patricia Riley first noting that, despite Mizen’s argument to the contrary, the state’s CVRA claims were filed within a two-year statute of limitations because they earliest the state could have known of the criminal misappropriation was January 2014.
Further, Riley wrote that the attorney general had specific authority to recover the nearly $55,000 because Indiana Code 5-11-5-1(a) gives his office authority to recover public funds that are diverted as a result of a public employee’s malfeasance.
Finally, Riley wrote that the state is entitled to recovery treble damages that equal no more than three times its actual damages. But because Mizen has already paid the nearly $350,000 in restitution, the case was remanded for the $1 million treble award to be reduced to roughly $687,000, plus attorney fees and costs.
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INDIANAPOLIS – Indiana House Democratic Leader Scott Pelath from Michigan City today issued the following statement on the first half of the 2017 session of the Indiana General Assembly:
“I don’t think Ronald Reagan would recognize the Republican Party of today in Indiana.
“While I’m sure that the Indiana House Republicans are pleased with what they’ve done this session, I’m not so sure anyone else is joyful.
“They rammed through a road plan that taxes too much and gives unlimited power to toll.
“They passed a budget that certainly will be applauded by the testing companies who will get millions for ISTEP or ILEARN or whatever bogus name they can conjure up to try and make people forget they are selling the same old test that no one liked. However, the same budget doesn’t do enough for our public schools, and returns to the same old formula of diverting more and more toward private subsidies and charters.
“They said that the people of Indiana do NOT have the right to choose who serves as the Superintendent of Public Instruction.
“They simply could not resist the impulse to interfere in the private health care decisions of women across Indiana.
“Yes, they may feel they’ve done a wonderful job, but the storm clouds for the remainder of the session have formed.
“Already we have heard the rumblings from the Senate gurus that the House Republican road plan takes too much from Hoosier taxpayers, and the House Republican budget isn’t that great, either. And as for the idea that the people of Indiana shouldn’t elect a Superintendent of Public Instruction…well, the Senate went bipartisan to vote against that idea.
“As the people of Indiana watch the warring Republican factions in the House and Senate prepare for battle, House Democrats remain ready and able to help.
“Our road plan doesn’t raise taxes or tolls.
“Our budget cuts excessive state spending, and assures that our schools don’t see funding cut…again.
“Whenever the Republicans get finished deciding whichever plan of theirs is in more trouble, give us a call and we’ll lend a hand.â€
The Kentucky Senate Agriculture Committee today unanimously passed a bill that would designate equines as livestock, an action that if approved will provide tremendous benefit the entire horse industry. Securing livestock classification of horses and equine has been among the top policy priorities of the Kentucky Equine Education Project (KEEP), since being founded in 2004.
Sen. Robin Webb of Grayson County sponsored Senate Bill 139, which she said she’d been working on for several years.
“Our statutes have been historically inconsistent with the designation of the horse as livestock. We have the support of AAEP, which has taken this position publicly, as well as our major horse-industry groups,†Webb told her fellow committee members before their vote, referencing the American Association of Equine Practitioners, which represents veterinarians of all horse breeds and disciplines. “Seven years ago today, I got my favorite horse. He’s a big part of my life, and I love him. He’s my companion, but he’s not a companion animal. He’s livestock. It’s important to myself as an owner and him as a horse to be so designated, and designated consistently for protections that designation does allow.â€
Sen. Damon Thayer, the Republican’s majority floor leader from Georgetown, hopes the bill can go to the Senate floor later this week. “I think it has a great chance to pass the Senate,†added Thayer. â€Then
we’ll send it on over to the House and see if we can get agreement from them.â€
“SB 139 would be a great step forward for the horse industry as a whole,†stated KEEP executive director Joe Clabes. “Designation as livestock is the most reflective of the realties of breeding, owning and caring for horse and we’re proud to stand in support of this bill with the AAEP and the numerous Kentucky horse organizations from across the state.â€
Webb stressed the designation is important to make sure that horses are not classified as companion animals, similar to household pets. She emphasized that her bill did not deal with taxation, with the state’s 6-percent sales tax required when buying feed, bedding and equipment used for equines, with all other livestock exempt.
“We hope to address that at another time, with tax reform or in another measure,†Webb said. “It’s designation of the horse being what it is: And that’s livestock.â€
Several of the committee members clearly were sympathetic toward tax equality for the horse industry.
“As chair of the horse farm subcommittee in the Senate, I couldn’t vote any other way on this legislation,†said Sen. Steve West, who lives in Paris and whose district includes some of the most famous Thoroughbred farms in the world. “Basically, it’s equity and fairness for the horse industry.â€
“In this state, for years, there seemed to be walls and barriers between one livestock group and another. But this seems to be a way we can bring some of our producers together and put equine on the same page as all the other livestock groups. It’s not a complicated thing. Horses are livestock. Unfortunately this doesn’t apply to taxes, but as we go into tax reform in the fall, maybe we can take a look at that.â€
Said Thayer: “I think horses are livestock, and should be treated as such in the tax code. I’m hopeful some day, when we do tax reform, we can get tax parity for the equine industry. I think this bill is a good step in the right direction.â€
Agriculture commissioner Ryan Quarles, who represented Scott County as a member of the Kentucky House of Representatives, applauded the action.
“It’s a clarification that has been attempted for several years now,†Quarles said. “As agriculture commissioner, I always remind people of the economic impact that horses have in Kentucky. It’s a
signature industry, one that creates literally tens of thousands of jobs, and billions of dollars of investment here in Kentucky. As I continue my term as commissioner, I will be supporting not only our family farms, but our family horse farmers as well.â€
Said Sen. Dorsey Ridley of Henderson, whose district includes Ellis Park: “It just puts them all (livestock) in one classification. It’s an effort to make sure that horses are certainly not taken advantage of, but by the same token, it’s to protect our property. I was glad to be a part of it. It is a big thing for the Thoroughbred industry — and for all horses.â€
“This legislation is a significant step for the horse industry and our membership,†said Martin Maline, executive director of the Kentucky division of the Horsemen’s Benevolent & Protective Association, which represents about 6,000 owners and trainers involved in horse racing in the commonwealth. “The livestock designation offers other important protections for everyone who owns and works with horses. We applaud members of committee, and hope Senator Webb’s bill sails through the full Senate and state legislature.â€
Clabes added, “I’d like to congratulate Senator Webb, Chairman (Paul) Hornback, and Majority Floor Leader Thayer in advancing this long awaited legislation. Success in Frankfort doesn’t happen overnight and they and many of their colleagues in the Senate and the House have put in a lot of work on this issue over the years.â€
Evansville Police are investigating an act of vandalism at the Adath B’Nai Isreal Temple at 8440 Newburgh Rd. The damage to the Jewish synagogue was reported to police on Tuesday morning.
A window at the synagogue was damaged by a small projectile. Police believe the damage was intentional. Police are working to determine who caused the damage, what they used to cause the damage, and when the damage occurred.
Anyone with information on this case is asked to call EPD at 812-436-7979 or WeTIp at 1-800-78-CRIME.
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