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Pence Statement on Supreme Court’s Same-Sex Marriage Ruling

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Indiana Governor Mike Pence today issued the following statement on the Supreme Court’s same-sex marriage ruling:

 

“Like many Hoosiers, I believe marriage is the union between one man and one woman, and I am disappointed that the Supreme Court failed to recognize the historic role of the states in setting marriage policy in this country. Nevertheless, our Administration will continue to uphold the rule of law and abide by the ruling of the Court in this case. Under our system of government, our citizens are free to disagree with decisions of the Supreme Court, but we are not free to disobey them. As we move forward as a state and a nation, Hoosiers may be assured that our Administration will respect the law and the dignity and worth of every Hoosier and every Hoosier family.”

Man deported after living in US since age 1 gets relief

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Dave Stsfford for www.theindianalawyer.com

An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.

Renato DeBartolo pleaded guilty to the charges and provided the government information which reduced his sentence, according to the record. Unbeknownst to DeBartolo, his guilty plea triggered immigration removal proceedings that ultimately led to his deportation to Italy.

Judge Robert L. Miller in the U.S. District Court for the Northern District of Indiana in South Bend denied DeBartolo’s petition for relief, but the 7th Circuit reversed. The panel, citing Padilla v. Kentucky, 559 U.S. 356, 369 (2010), held that DeBartolo was harmed by ineffective assistance of counsel because he was never informed of the possibility of deportation if he pleaded guilty.

In Renato DeBartolo v. United States of America 14-3579, Judge Richard Posner wrote that “the disarray in the enforcement of U.S. immigration law” should be considered in determining whether the government should retry DeBartolo.

“We are mindful that the parties and the district court are not required to consider the circumstances that DeBartolo would face if he went to trial today. The issue required by the Padilla line of cases to be considered is what he would have done, at the time he had to decide whether to plead guilty, had he known of the grave risk of being deported if he were convicted,” Posner wrote.

“There was a reasonable probability that he would not have pleaded guilty, and that is all that matters to our decision. But it would be sensible for both DeBartolo and the government to consider the current situation in assessing how to move forward. Conviction is not a forgone conclusion, and the government should consider whether
having served the prison sentence the government originally recommended and having then languished in the custody of the Immigration and Naturalization Service for a year or more and then deported to a country in which he has never really lived, DeBartolo has been punished sufficiently and should now be allowed to go home to his wife and children without facing a new trial.”

Sen. Becker Receives Study Committee Assignments

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State Sen. Vaneta Becker (R-Evansville) will serve on the following study committees, commissions and councils during the summer and fall months to help prepare for the 2016 session of the General Assembly:

 

  • Interim Study Committee on Public Health, Behavioral Health, and Human Services
  • Interim Study Committee on Roads and Transportation
  • Indiana Commission for Women
  • Commission on Minority and Women’s Business Enterprises
  • Infants and Toddlers with Disabilities Interagency Coordinating Council

 

“Study committees are an important part of Indiana’s legislative process because they allow lawmakers to hear input from the public,” Becker said. “My colleagues and I are able to get a balanced and in-depth perspective on proposals that will come before the General Assembly in the upcoming session.”

 

When Indiana’s part-time legislature is not in session, lawmakers are assigned to interim study committees that meet to review the state’s top issues, as identified by the General Assembly during the prior legislative session.

 

Study committee topics are assigned by the bipartisan Legislative Council, comprised of 16 voting members — eight from the House of Representatives and eight from the Senate.

 

To view interim committee agendas and stream hearings online, visit www.in.gov/iga. More information about topics that will be examined can be found here.

 

Dr. Bucshon Votes to Protect Ratepayers from EPA Action

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(WASHINGTON, DC) – On Wednesday, Eighth District Congressman Larry Bucshon, M.D. voted to pass, H.R. 2042, The Ratepayer Protection Act,  a bill introduced by Congressman Ed Whitfield (KY-01), to protect families and businesses from significant electricity rate increases or reduced electric reliability that may result from EPA’s pending regulations for existing power plants, also known as the “Clean Power Plan.”

 

“This bill will protect the thousands of jobs and low-cost energy for our families and manufactures that are being put at risk by aggressive EPA overreach,” said Bucshon. “With 80 percent of Indiana’s energy generated from coal, the EPA isn’t just attacking our jobs and affordable energy; this plan will damage the reliability of our electric grid. 

 

“States have serious concerns that this plan will increase their citizens’ electric bills. Just today, Governor Pence announced that Indiana will not comply with the EPA’s plan unless it is drastically improved, and I agree with his stance.” 

 

H.R. 2042 passed the House by a vote of 247 to 180 and has gained support from over 200 organizations.

 

Earlier today, Governor Mike Pence announced that Indiana will not comply with the EPA’s Clean Power Plan in its current form. You can find Dr. Bucshon’s statement of support here - http://goo.gl/WWk84s.

 

SUMMARY: 

 

A bipartisan group of lawmakers introduced H.R. 2042 to allow for timely judicial review before states would be required to comply with the rule and to ensure a state would not be forced to implement a state or federal plan that would have a significant adverse effect on its ratepayers.

 

Extend Compliance Dates: The bill would extend the rule’s compliance dates pending judicial review, including the dates for submission of state plans.

 

Safe Harbor for States to Protect Ratepayers: The bill would provide that no state shall be required to implement a state or federal plan that the state’s governor, in consultation with other relevant state officials, determines would have a significant adverse effect on (i) retail, commercial, or industrial ratepayers; or (ii) the reliability of the state’s electricity system.

 

BACKGROUND: 

 

Last June, EPA proposed a rule for existing power plants, referred to by the agency as its “Clean Power Plan.” In the rule, EPA interprets a rarely invoked provision of the Clean Air Act, section 111(d), to allow the agency to set mandatory carbon dioxide (CO2) “goals” for each state’s electricity system. In the rule, EPA seeks to fundamentally change how electricity is generated, distributed, and consumed in the United States.

 

Under EPA’s unprecedented proposal, states would be required to submit complex state plans to EPA in 2016, and to begin to meet interim goals in 2020 and a final goal in 2030. For states that do not submit a satisfactory plan, EPA would impose a federal plan, a model of which has not yet been proposed by the agency. EPA estimates annual costs of $5.5 billion to $7.5 billion in 2020 and $7.3 billion to $8.8 billion in 2030. But according to other forecasts, the potential costs are much higher and could range from $366 billion to $479 billion over the period 2017-2031.

 

State governors, regulators, and other stakeholders have submitted extensive comments raising a wide range of concerns, from the legality of the rule to how it would be implemented, the significantly higher electricity costs, and the risks to electric reliability. According to a summary of state concerns, “32 states made legal objections, 28 raised significant concerns regarding compliance costs and economic impacts, 32 warned of electricity reliability problems, and 34 states objected to EPA’s rushed regulatory timelines.” EPA plans to finalize the rule this summer.

 

Arts Council Summer Brown Bag Schedule

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The Brown Bag Performance Series is a free program offered to the community by the Arts Council of Southwestern Indiana. The series runs weekly from October through April at the Arts Council’s Bower-Suhrheinrich Foundation Gallery, located at 318 Main Street in downtown Evansville. The Brown Bag Performance Series is every Wednesday at noon. Summer performances are once a month unless otherwise noted. It is encouraged to bring your lunch and a friend, and enjoy the free local performances. The Brown Bag Series is made possible in part by Mesker Music Trust, managed by Fifth Third Investment Advisors. Below is the schedule for the final two summer performances.

 

7/1/15 – Public Education Foundation Summer Musical Preview: Since 1989, the Public Education Foundation has provided funding for an area-wide high school summer musical production. A summer-school curriculum offering, these major musical theatre productions showcase the talents of area students while helping them develop their skills in a professional setting.

 

The 2015 show is Disney & Cameron Mackintosh’s MARY POPPINS. Performance dates are July 9-12, 2015 in the Aiken Theatre at Old National Events Plaza (Formerly The Centre.)

 

8/5/15 – Dixielanders: This six-member Dixieland Band will be taking us back to yesteryear with the famous Dixieland sounds from the early to mid 1900s. Spanning American entertainment from the turn of the last century, The Dixielanders draws its repertoire from Dixieland favorites, Traditional Jazz, Early Swing, Sing-a-Longs, Tin Pan Alley, Roaring 20’s and Novelty Songs. Come join the fun and excitement as the music and memories carry you back to a simpler and happier time. And if you know how to whistle, hum or croon, you are sure to join in on the fun.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, June 24, 2015

Craig Dannheiser             Domestic Battery-Level 6 Felony

Earnest Gibson                 Possession of Paraphernalia-Level 6 Felony

Criminal Trespass-Class A Misdemeanor

Christopher Basham       Operating a Vehicle as a Habitual Traffic Violator-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Possession of Marijuana-Class B Misdemeanor

Chad Goodwin                  Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Justin Widmer                  Operating a Vehicle as a Habitual Traffic Violator-Level 6 Felony

Possession of Marijuana-Class A Misdemeanor

Dr. Bucshon’s Floor Speech on Chemical Safety Modernization Bill

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(WASHINGTON, DC) – On Tuesday, Eighth District Congressman Larry Bucshon, M.D. spoke on the House floor in support of H.R. 2576, The TSCA Modernization Act.  H.R. 2576 is a bipartisan measure that will modernize and reform the decades-old Toxic Substances Control Act (TSCA) first implemented in 1976 to manage hazardous chemicals.

 

Video of the speech can be accessed here - https://youtu.be/0CJClREiAsg and full text is included below:

 

“Mr. Speaker, I rise today in support of H.R. 2576, the ‘TSCA Modernization Act of 2015,’ which updates the Toxic Substances Control Act (TSCA) of 1976.

 

“This legislation will benefit the Eighth District of Indiana and our nation by improving the regulation of chemicals in commerce.

 

“Indiana’s 8th district has a strong and diverse manufacturing sector, including plastics, fertilizer production, automobiles, and medical devices, which play pivotal roles in the local and state economy. 

 

“H.R. 2576 will improve the EPA’s outdated regulatory process for these industries and manufacturers, foster conditions for stronger interstate commerce, and ensure robust protections for public health and the environment. 

 

“I urge my colleagues to support this important legislation.”

 

H.R. 2576 WILL:

 

  • Provide EPA the tools to ensure chemicals in commerce are safer for consumers.

 

  • Create a new system for EPA to evaluate and manage risks associated with chemicals already on the market:

 

o   Either EPA or a manufacturer (who is willing to pay the cost) may designate a chemical for risk evaluation.

o   The risk evaluation must stand up to rigorous scientific standards set out in the legislation.

o   If unreasonable risk is determined, EPA must immediately draft a rule to manage the risk.

 

  • Set deadlines for EPA to take action:

 

o   Risk evaluations must be completed within 3 years.

o   Risk management rules must follow completion of risk evaluations by 90 days.

 

  • Ensure user fees paid to EPA for specific purposes are used just for those purposes:

 

o   User fees will be deposited in a separate fund in the Treasury, and the fees charged and collected will match the cost of carrying out the specific purposes

 

  • Provide limited preemption of state law:

 

o   Once EPA makes a final decision on a chemical, either a new rule or a determination that it poses no unreasonable risk, EPA action would apply in all states

 

o   Prior state laws that do not conflict with TSCA, and private rights of action under tort or contract law, are preserved

 

  • Maintain protection of confidential business information:

 

o   Certain state, local, and tribal government officials and health care professionals will now have access

o   Confidentiality claims must be reclaimed after ten years

o   Exemption from CBI protection for health and safety studies does not include disclosure of confidential chemical formulas