Getting Ready for the Start of Session

12/29/2015

Christmas is such a blessing. I got to enjoy time with my family and reflected upon accomplishments throughout the past year. This year was even more special, as it was the first holiday I was not on-call. I officially retired from the healthcare business this year. This means I have more time to focus on my grandchildren and the joy they bring to our family.

It is a Bacon family tradition to have my daughters and their loved-ones over Christmas day to open presents, enjoy dinner together and spend time as a family. We also live in a tight knit community where the neighbors like to have a block party for each holiday.

Even with the hustle and bustle that the holiday season brings, I am also preparing for the upcoming legislative session which is Jan. 5. With every new session brings the delight of seeing my fellow legislators and working across the aisle to keep Indiana on the right track.

As you may know, this year is a â€œshort session,â€ meaning we convene for only 10 weeks this year, rather than 16. Before this session begins, I want to hear your thoughts on the issues that are important to you and your community so I can best represent District 75.

Keeping an open line of communication with you is key to representing your voice at the Statehouse. Filling out the 2016 constituent survey is an excellent way to let me know your thoughts on upcoming legislation. Please visitÂ www.in.gov/h75Â today to fill out my survey online.

Growing up in Indiana and raising my children in the Hoosier state has strengthened my belief that Indiana is one of the greatest places to live. Thank you for helping make Indiana even greater and have a wonderful holiday.

Bill Would Allow Recovery Of Attorney Fees In All Wrongful Death Actions

12/29/2015

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Bill Would Allow Recovery Of Attorney Fees In All Wrongful Death Actions

by Marilyn Odendahl of IndianaÂ Lawyer, Â December 28, 2015

A northern Indiana senator has introduced legislation to amend Indianaâ€™s wrongful death statute to allow for surviving families to collect attorney fees.

Sen. Lonnie Randolph, D-East Chicago, has proposed in Senate Bill 124 that language be added to Indiana Code 34-23-1 that would enable a widow or widower, dependent children or dependent next of kin to receive reasonable attorney fees in wrongful death actions.

The measure comes after the Indiana Supreme Court ruled in August that under current law attorney fees do not qualify as damages when the deceased is survived by family. In SCI Propane, LLC; South Central Indiana Rural Electric Membership Corp.; Rush Shelby Energy Rural Electric Cooperative, Inc. v. Courtney Frederick, as Personal Representative of the Estate of Stephan Frederick, Deceased, 55S04-1508-PL-501, the unanimous court found the stateâ€™s General Wrongful Death Statute allows for attorney fees only when the decedent has no survivors.

Randolphâ€™s bill specifies that in an adult wrongful death lawsuit, damages include â€œreasonable attorneyâ€™s feesâ€ incurred by the estate or any other person for bringing and maintaining the action.

The fiscal impact of the new language would depend on whether a state agency is found liable for an individualâ€™s death, according to the Indiana Legislative Services Agency. The maximum payment for a wrongful death from the state government is $700,000 but the average cost of attorney fees in such actions is unknown.

Senate Bill 124 has been assigned to the Senate Civil Law Committee which is chaired by Sen. Rodric Bray, R-Martinsville.

7th ANNUAL PRAYER VIGIL PLANNED AT FEDERAL BUILDING

12/29/2015

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7th Annual Â New Year’s Eve Candle Light Prayer Vigil is to be held in front of the Federal Â Building Â located on Martin Luther King Boulevard from 530 to 6:30 PM.

Event organizer Brenda Bergwitz said; “Please bring a flashlights and dress warm. Â Everyone is welcome to attend this event. Â This is not a political event.”

The event agenda we will begin with Jim Braker paying for America Â and our elected officials followed by the “Pledge of Allegiance”. Â Additional songs and more prayers from Â area ministers and priests shall round out the evening. Â If you have questions concerning this event please contact Â event organizer Brenda Bergwitz at 812-457-3627.

Reversal: BMV Must Report Driverâ€™s Expunged OWI Conviction

12/29/2015

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Reversal: BMV Must Report Driverâ€™s Expunged OWI Conviction

Dave Stafford for www.theindianalawyer.com

A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.

The Indiana Court of Appeals found the courtâ€™s order went too far in In the Matter of the Expungement of J.S.: State of Indiana, et al. v. J.S., 16A04-1503-MI-89. The panel reversed the expungement order in part and remanded with instructions for the court to amend the order to specifically allow the BMV to comply with Indiana and federal laws that require disclosure of the conviction to the Commercial Driverâ€™s License Information System.

â€œIn sum, we cannot foresee a situation where the General Assembly would intend to (1) create a law that is in direct conflict with existing state and federal law, (2) put Indiana at risk of losing substantial sums of federal aid, or (3) risk the de-certification of Indianaâ€™s CDL program. Likewise, we believe that the recent amendment to Indiana Code section 35-38-9-2, which expressly allows the BMV to comply with the reporting requirements of 49 C.F.R. Â§ 384.225 and Indiana Code section 9-24-6-2(d), indicates that the General Assembly has always intended for the BMV to comply with said laws,â€ Judge Cale Bradford wrote.

â€œWe conclude that the trial courtâ€™s order prohibiting the BMV from doing so is contrary to the intent of the General Assembly. In addition, even if we were to conclude otherwise, pursuant to the Supremacy Clause of the United States Constitution, any application of Indiana Code section 35-38-9-6 which would require noncompliance with the relevant federal authority would be without effect.â€

DRONES

12/29/2015

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Adopt A Pet

12/29/2015

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Baby is a 2-year-old female medium-haired gray tabby. She gets along with other cats and is very sociable. Her $30 adoption fee includes her spay, microchip, vaccines, and more. Call (812) 426-2563 or visitÂ www.vhslifesaver.orgÂ for adoption details!

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IS IT TRUE DECEMBER 28 and 29, 2015

12/28/2015

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IS IT TRUE the Haynes Corner Montrose/ Maybelle apartments and a commercial corner lot were purchased by the DMD/Brownfields in 2012 for $350,000 with CDBG monies? Â â€¦.that we wonder who paid to demolish the commercial storage building on the neighboring lot that is owned by theÂ DMD/Brownfields? Â …we now hear that DMD/Brownfields is now considering using public money to subsided the commercial development of this corner lot?

IS IT TRUE the high end Maybelle and Montrose apartments located at Haynie’s Corner that being remodeled by a private developer and will rent for around $900 per month?

IS IT TRUEÂ you don’t need to be a rocket scientist or even an alleged Community Development expert to figure out why we have so many blighted properties in Evansville need to be fixed? …the answer is DMD/Brownfield is paying to much money on purchasing commercial properties and not enough on blighted homes? Â …that it appears that Evansvilleâ€™s special interest groups and politically connected people are sucking up all the financial resources that were intended to fight blight in Evansvilleâ€™s? Â â€¦ its time for the taxpayers Â to take a public stance against the wasteful spending habits of DMD, ERC and Brownsfields Corp.?

IS IT TRUE DMD also purchased the vacant and dilapidated CVS building located on North Main for a whooping $535,000? Â …the DMD has cut a deal to lease this building to ECHO Housing who in return is going to lease it to another not-for-profit organization? Â …we wonder if any employee of DMD will use their own personal money to purchase this building for a future commercial development?

IS IT TRUE It appears that Â search for a new IVT TECH President is over? …it;s obvious that Lt. Governor Sue Ellspermann will be appointed the next President of IVY TECH statewide?

IS IT TRUEÂ that Chancellor of IVY TECH-Evansville and former Mayor Jonathan Wienzapfel desire to be appointed as the next President of IVY TECH was taken away by a back room political deal between Governor Pence and the IVY TECH Board of Governors?

IS IT TRUE we hear that the powers that be in Indy would like to see Evansville Mayor Lloyd Winnecke to replace Lt. Governor Sue Ellspermann as Governor Pence re-election running mate?

IS IT TRUE we hear that many Democratic political movers and shakers would like for John Gregg Â to tab State Representative Gail Riecken as his running mate? Â …we predict that John Gregg will select someone from Northern Indiana with strong union ties to be his running mate?

IS IT TRUE if John Gregg thinks he can be elected the next Governor of Indiana by winning Vanderburgh County he is totally misguided? Â …the thought that the local Union leadership can deliver a strong voteÂ in Vanderburgh County for a State wide candidate is long over? Â …Vanderburgh County is now safely in the Republicans party control thanks to the Unions and turncoats Democrats?

IS IT TRUE todays “Readers Poll” questions; Do you feel that George Lumley effort in exposing DMD and Brownsfields bad business decisions is worthwhile?