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JOHN MELLENCAMP Coming to Evansville
Governor Pence to Allow Partial Moratorium on New Nursing Facility Construction to Become Law
Indianapolis – Governor Mike Pence issued the following statement regarding SEA 460, which provides a three-year partial moratorium on the construction of new nursing home facilities. Previous administrations have enacted similar or more comprehensive moratoriums in 2006, 2007, 2008, and 2011.
“As a strong advocate of free-market economics, I hesitate to support any restriction on commerce, but in an industry that derives 85 percent of its revenue from state and federal sources, we must always consider the impact of our policies on the cost to taxpayers. Despite my reservations, I am willing to allow a partial moratorium to become law without my signature because, on balance, it serves the interests of Indiana taxpayers and gives industry time to adjust to anticipated changes to long-term care.
“Hoosiers should know that this is a partial moratorium that includes several prudent exceptions that will not restrict construction of replacement nursing facilities and the construction of new nursing facilities in counties where occupancy rates exceed 90 percent. This legislation also will not impact the construction of assisted living and independent living facilities, which remain key to the state’s overall long-term care strategy.â€
“A three-year pause on new facility construction will give our state and the long-term care industry the opportunity to achieve a better balance between institutional care and home- and community-based services while we engage in a much-needed discussion about reforms to our current Medicaid reimbursement formula.
Indiana ranks higher than all but three states in the percentage of Medicaid long-term care dollars spent on nursing home care. In addition, the state has a 77 percent occupancy rate when the national average is 86 percent. A study by the Family and Social Services Administration concluded that, based on the current Medicaid reimbursement formula, a three-year pause on new nursing facility construction will save approximately $24 million in Medicaid expenditures.
State prejudiced by 22-year delay in bringing PCR petition
Jennifer Nelson for www.theindianalawyer.com
The Indiana Court of Appeals agreed with a lower court that the doctrine of laches prevents a man convicted of murder in the 1980s from prosecuting a post-conviction relief petition in 2014 that was originally filed in 1992.
Jay Thompson was 17 years old when he and another man stabbed to death a couple during a robbery. The Indiana Supreme Court revised his death sentence to 120 years in prison. Thompson filed for PCR in 1992, filed several amendments to his petition over 20 years, but did not prosecute it until 2014. The state filed a motion to dismiss pursuant to the doctrine of laches, noting many of its witnesses had since died, which the PCR court granted.
In Jay R. Thompson v. State of Indiana, 31A01-1408-PC-350, Thompson argued that laches can only be used as a defense to a PCR petition based on a delay in filing the petition and may not be based on a delay in prosecuting the petition.
“Although the particular facts of some cases may present a distinction between a delay in filing and a delay in prosecuting a PCR petition, we see no reason to draw such a distinction here as the prejudice to the State would be the same in either case,†Judge Cale Bradford wrote, noting in Mast v. State, 914 N.E.2d 851 (Ind. Ct. App. 2009), Judge John Baker reasoned that a delay of 18 years in prosecuting a PCR petition would be sufficient to support a laches defense.
Thompson offered no argument as to why his 22-year delay in prosecuting his petition was not unreasonable and he even stipulated that the state was prejudiced by the delay since the majority of its witnesses in the case are deceased. This is sufficient to support the PCR court’s finding of laches, the COA ruled.
Vanderburgh County Recent Booking Records
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EPD Activity Report
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First Security Bank 1st Quarter 2015
First Security Inc. Announces First Quarter 2015 Results
Owensboro, Kentucky – First Security Inc., the bank holding company for First Security Bank, Inc., announced today another record performance for the first quarter at First Security.
Highlights of the quarter included:
- Cash Dividend – A dividend was declared of $.17 per share, an increase of .01 per share or 6.25%, payable to shareholders of record May 15, 2015, the company’s 47th consecutive dividend.
- Earnings – First quarter earnings were up $452,000 or 113% as compared to the first quarter of 2014.
- New Office – Another new office, the 11th was opened in January in Lexington, KY in the Wellington area approximately one half mile off of Nicholasville Road in the Southern part of the city.
- Mobile Banking – The bank recently released their latest innovation in technology through their mobile banking app. Customers can deposit their check and conduct nearly all banking transaction through their smart phone. It’s easy, convenient and most importantly it’s free. Go to the bank’s website for easy to follow instructions.
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2014 and the first quarter of 2015 illustrated a strengthening in the economic indicators in the markets served. The bank is now located in the 2nd, 3rd and 4th largest cities in Kentucky and the third largest city in Indiana. Those regions have seen solid, even growth and market penetration in the markets served. The decentralized leadership structure in those markets has proven to be the most appropriate given that many banks centralize most decision-making. First Security’s strength is their ability to be nimble and flexible given situations that call for a different approach to customer needs.
2013 was a year of investment in the bank’s existing and new markets as three new locations were opened. 2014 was a year for developing and growing the existing markets as well as new markets. The company was able to grow loans over $60 million from March 2014 to March 2015, which was spread pretty evenly across all markets. Additionally, the bank was able to focus much of its energies on providing excellent demand deposit products over the last year, which has helped reduce the reliance on certificate of deposit customers. This helped contribute to the boost in the company’s net interest margin on a year over year basis.
The first quarter 2015 financial report of First Security is included. Financial highlights for the first quarter are compared to the prior year, first quarter follow.
- Assets at quarter end total $548 million, representing an increase of 10%
- Loans and Deposits – Loans increased 15%, while deposits increased 1%
- Tangible Book Value increased $1.51 or 7%
- Net Income increased $452,000 or 113%
- Provision for Loan Losses increased $10,000 or 3%
- Net Interest Income increased $927,000 or 25%
- Net interest margin increased from 3.39% to 3.70%, an increase of 0.31 points
- Non-Interest Income increased $183,000 or 23%
- Non-Interest Expense increased $418,000 or 12%
- Non-Performing Assets to total assets were 0.68% at the end of March 2015, an
improvement of 0.29% from the prior year’s ratio of 0.97%.
- Return on Assets improved from 0.34% to 0.63%
- Basic Earnings-Per-Share was $0.36 per share as compared to $0.49 per share, down
$0.13 per share as the Company’s total shares increased more than 191% when comparing the 1st quarter of 2014 to the 1st quarter of 2015. The impact of the higher shares on basic earnings per share was offset by the 113% increase in net income year over year.
M. Lynn Cooper, President and CEO stated, “First Security remains steadfast in its commitment to build a franchise of quality people, products, services and customers.â€
Governor Allows Two Gaming Bills to Become Law Without Signature, Vetoes Third
Governor vetoes measure that would have allowed online gaming
Indianapolis – Today, Governor Mike Pence announced he will allow two gaming bills to become law without his signature and vetoed a third gaming bill.
The Governor will allow HEA 1540 to become law without his signature. This legislation allows riverboat casinos to move on land within their current footprint, outlines procedures for legislative ratification of a tribal gaming compact negotiated between the Governor and the Pokagaon Band of the Potawatomi Indians, as well as establishing caps for casinos and racinos.
He also will allow SEA 252 to become law without his signature. This law will increase per diem for Horse Racing Commission members, allows the Horse Racing Commission to use breed development funds to promote the horse racing industry, and codifies the current standards regarding days of racing as previously established by the Indiana Horse Racing Commission.
“Most Hoosiers know that I oppose an expansion of gaming in Indiana, but I recognize that gaming has become an important part of the economy of many communities in our state and is an important part of our state budget,†said Governor Pence. “From early in the legislative process, I made it clear that I would not stand in the way of reforms that would allow these businesses to remain competitive with surrounding states so long as it did not constitute an expansion of gaming in Indiana. HEA 1540 and SEA 252 meet this standard and, as such, I will permit them to become law without signature.â€
The Governor vetoed HEA 1270, which allows Advance Deposit Wagering, expanding gambling on horse races to include not only in-person bets, but also those made by electronic means.
“This legislation is contrary to my long-time position against online gaming,†said Governor Pence. “Advance Deposit Wagering, not currently permitted in Indiana, would also violate my position on expanding gaming here in Indiana.â€
The Governor did sign SEA 327, which applies to charity gaming at schools, churches, veterans organizations and police and fire departments.