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RIECKEN: NEEDS OF CHILDREN AT RISK NOT SERVED WELL BY HOUSE GOP BUDGET

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INDIANAPOLIS – State Rep. Gail Riecken (D-Evansville) today issued the following statement after voting against House Bill 1001, the biennial state budget proposal authored by Indiana House Republicans:

“There are many things wrong with the proposed state budget – including a funding formula that shortchanges so many schools around Indiana – but I am particularly disturbed at the way it pays less attention to the needs of our children, particularly those who are at risk.

“For several months now, we have heard about the staffing problems at the state’s Department of Child Services (DCS), the folks who are on the front line in stopping abuse and neglect of our youngest Hoosiers. Putting it bluntly, the agency needs another 75 case managers, and the people in charge don’t see a need to hire them. This budget agrees with those sentiments, and our efforts to provide money for the additional case managers were rejected by the House Republicans.

“It’s also very disappointing to see that this budget does nothing to provide more funding for our state’s guardian ad litem program. These selfless people serve as the voice in court for abused, neglected, and abandoned children, and I worry that staffing will not be there for children in their greatest time of need.

“Most of all, I was sad to see that there was no recognition of the growing role that grandparents play in raising their grandchildren. My proposal would have been to provide grandparents with a tax credit to help them meet the expenses that come with their expanded role in care. This would have helped grandparents who provide more than half the support for their grandchildren.

“In all of these instances, the proposals found no traction among the House supermajority. They opposed them with little or no debate.

“There has been progress made in addressing the problems that plagued DCS just a few years ago. There does seem to be a renewed commitment toward helping this agency meet its difficult charge and keep us from compiling statistics in protecting children that make us a national embarrassment.

“But the process of writing a new state budget affords us the chance to put some actions behind the words, and I am very concerned that we do not seem to place as high a priority on helping DCS as maintaining a healthy state surplus.

“I know we still have a couple of months to go in this session, and the Indiana Senate has yet to outline its budget priorities. I place great trust in the efforts of  people like State Sen. Vaneta Becker (R-Evansville), who have proven track records of caring about our kids.

“But I must tell you that the budget passed today by the Indiana House supermajority does not cause me to think we are out of the woods yet.”

 

Lease doesn’t bar dentist’s slip-and-fall suit against landlord

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Dave Stafford for www.theindianalawyer.com

A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.

Landowner Meridian North Investments was denied summary judgment by the trial court and challenged that ruling in an interlocutory appeal. Meridian North claimed that because dentist Anoop Sondhi signed a lease for his practice that contained an exculpatory non-liability clause, he could not sue.

“No Indiana case has directly addressed a situation such as the one here,” Judge Michael Barnes wrote for the panel. “New York, however, follows Indiana’s rule regarding the unenforceability of lease exculpatory clauses against third parties; that state’s highest court did, some time ago, address a situation very similar to this one in Griffen v. Manice, 59 N.E. 925 (N.Y. 1901).”

That case involved a corporation secretary who signed a lease containing an exculpatory clause that the building owner sought to enforce after the secretary died in an elevator crash. Along with the Griffen case, the panel also cited Indiana Supreme Court jurisprudence holding, “A person cannot limit his or her tort law duty to third parties by contract.”

Because Sondhi signed the lease in his capacity as a principal of Sondhi-Biggs Orthodontics P.C., he individually was a third party to the lease, the court ruled in Meridian North Investments LP v. Anoop Sondhi DDS, MS, 49A02-1405-PL-311.

“What Meridian North’s argument boils down to is that Dr. Sondhi and Sondhi-Biggs are interchangeable because Sondhi-Biggs is a small professional corporation for Dr. Sondhi’s practice of orthodontics that Dr. Sondhi founded, that bears Dr. Sondhi’s name, and of which Dr. Sondhi is president,” Barnes wrote.

“If we accepted this argument, the corporate form of numerous professional corporations in this state, such as medical and legal practices, could and would be ignored routinely. That is not a tenable result, and it is contrary to the laws providing for the creation of such corporations and their recognition as legal entities separate from their creators, shareholders, and officers.”

Accountability Hearing at EVSC Wednesday Morning

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The State Board of Education approved initial rule language for A-F Accountability on January 7, 2015. The rule language will now be presented to stakeholders through public hearings and website display to allow for public comment. Public hearings are scheduled as follows:

  • February 25, 2015, at 9:00 a.m., at the Evansville Vanderburgh School Corporation, Administrative Building, Board Room, 951 Walnut Street, Evansville, Indiana, 47713
  • February 26, 2015, at 9:00 a.m., at Marion High School, Board Room #4-4, 750 West 26th Street, Marion, Indiana, 46953
  • February 27, 2015, at 9:00 a.m., at the Indiana Government Center South Building, Conference Room C, 302 West Washington Street, Indianapolis, Indiana, 46204.

Public comments may be submitted to the Board until close of business on March 13, 2015.

For rulemaking information including submission of public comment, please see the School Performance Categories topic on the Board’s rulemaking docket page at http://www.in.gov/sboe/2406.htm(link is external).

Additional information and supporting materials may be viewed at http://www.doe.in.gov/accountability/f-accountability

 

AG Zoeller: Data protection bill is one step closer to becoming law

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INDIANAPOLIS – Legislation that would better protect Hoosiers’ personal and financial data is one step closer to becoming law, said Indiana Attorney General Greg Zoeller. Senate Bill 413 passed the Indiana Senate unanimously today by a 50-0 vote, and now moves to the Indiana House of Representatives for further consideration.

Zoeller proposed and recommended SB 413 earlier this year in response to growing concerns about online privacy and data protection, especially in light of massive data breaches that have put countless individuals at risk of identity theft. It is currently estimated that 4.5 million records belonging to Indiana consumers were compromised in the recent breach of Anthem, Inc.

SB 413 would require data collectors to comply with safer data storage standards, such as deleting data that is no longer necessary for business purposes and refraining from selling data in a way that is inconsistent with consumer authorization or applicable law. It would also increase transparency and visibility of online privacy policies, and require collectors to tell consumers what data is being collected and how it will be used.

“If we are going to put a dent in the frequency of data breaches and the resulting damage caused to the public, we have to take action now,” Zoeller said. “Entities that store massive amounts of sensitive data need to be doing so safely and responsibly, and they need to be held accountable in case of a breach to make sure they did everything possible to protect peoples’ personal and financial information. It’s clear my partners in the Legislature recognize the urgency of creating greater safeguards to govern data storage.”

SB 413 is authored by State Sen. Jim Merritt (R-Indianapolis) and State Sen. Jon Ford (R-Terre Haute).

“Data breaches and identity theft are serious crimes and have become increasingly more common as technology advances,” Merritt said. “By passing this legislation, we’re taking steps to ensure consumers feel confident and protected when conducting business online.”

Indiana University Maurer School of Law Distinguished Professor Fred Cate, founder of the Center for Applied Cybersecurity Research, has also been working with Zoeller and the bill’s authors on this legislation.

The Attorney General’s Identity Theft Unit was created in 2008 to help victims of identity theft, assist law enforcement in the investigation and prosecution of identity theft suspects, and review data breaches that impact Indiana consumers.

In 2014, the Indiana Attorney General’s Office received more than 1,300 complaints of identity theft and 396 separate reports of data breaches, and the Identity Theft Unit helped to return $679,154 to Hoosiers harmed by identity theft or a data breach.

Zoeller reminded consumers that the best protection against identity theft is to initiate a credit freeze. This service is free in Indiana, and instructions can be found at www.IndianaConsumer.com/idtheft.

Those impacted in the recent breach of Anthem, Inc. can also sign up for free credit monitoring being offered by the company at https://www.anthemfacts.com/.

Zoeller encouraged Anthem customers to complete both the credit freeze and sign-up for credit monitoring. The credit freeze will deter fraud while credit monitoring would alert you if fraud has occurred. More information related to the Anthem breach can be found here: http://bit.ly/1Bmaqj5.

For more tips to protect yourself from identity theft, visit www.IndianaConsumer.com/idtheft. To file an identity theft complaint with the Attorney General’s Office, visit www.IndianaConsumer.com or call 800-382-5516.

Rep. Sullivan applauds passage of honestly balanced budget

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STATEHOUSE – “As a member of the Ways and Means Committee, I was pleased to be a part of the team that helped craft our state’s biennial budget. This session, our top priority is to pass an honestly balanced budget without raising taxes on hardworking Hoosiers, and I am pleased our budget accomplishes that goal. The budget also builds on Indiana’s envious fiscal condition while supporting the Hoosier workforce and helping fund projects that benefit southwest Indiana like the Southern Indiana Regional Medical Center.”

Indiana National Guard Receives First of Three Cyber Teams

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Indianapolis – The Indiana National Guard received approval today for a Cyber Protection Team (CPT) to be added to the FY-16 force structure.

Indiana is one of three states to receive this new force structure. Georgia and California will also each receive a CPT. Indiana will join with Michigan and Ohio to collectively resource and maximize utilization and capabilities of this new team.

The CPT will be trained on Information Technology and Cyber-specific skills. If mobilized, the CPT will provide surge support to the Army Cyber Command and support defensive cyberspace operations as assigned. When deployed in support of state active duty, the CPT will be used to provide support to law enforcement, homeland defense and support to civilian authorities.

The Indiana Army National Guard is uniquely postured to support the CPT mission based on skill-sets and experiences already present in Indiana. The Indiana National Guard has strong partnerships with the cyber community in the fields of research, security and law enforcement. Key academic resources in Indiana include Purdue University’s Cyber Center and Indiana University’s Center for Applied Cyber Security Research, which is a leader in the Army Cyber-Security Collaborative Research Alliance.

Indiana’s fully accredited 10,000 square foot Sensitive Compartmentalized Information Facility and the Muscatatuck / Atterbury cyber range made Indiana a strong competitor in this new force structure decision. The Indiana cyber range is a premier training facility for both public and private cyber endeavors and will host the 2015 Cyber Shield national-level training exercise.

Governor Pence to Keynote Japan-America Society of Indiana Event

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Indianapolis – Tomorrow, Governor Mike Pence will keynote the Japan-America Society of Indiana’s (JASI) “Japan Update 2015,” an annual conference providing an economic and international relations outlook for the year for Japan, Indiana and Asia, with Consul General of Japan Masaharu Yoshida. Details below.

Wednesday, February 25:

12:30 p.m. EST – Governor Pence to keynote JASI’s “Japan Update 2015”
*Media are welcome to attend.
Hyatt Regency Indianapolis, 3rd Floor Cosmopolitan Ballroom, 1 S. Capitol Ave., Indianapolis

First Lady Karen Pence to Visit Schools in Marion, Boone, Tippecanoe Counties

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Indianapolis – Tomorrow, First Lady Karen Pence will read to kindergarten students at Indiana Math and Science Academy (IMSA) West as part of their “Reading Like Rock Stars” program. Later in the morning, she will visit Traders Point Christian Academy in Boone County and Murdock Elementary School in Tippecanoe County. Details below.

Wednesday, February 25:

9:00 a.m. EST – First Lady Karen Pence to read to kindergarten students at IMSA West
*Media are welcome to attend and are asked to check in at the front desk.
IMSA West, 4575 West 38th Street, Indianapolis

10:00 a.m. EST – First Lady Karen Pence to visit Traders Point Christian Academy
*Media are welcome to attend and are asked to check in at the front desk.
Traders Point Christian Academy, 6600 South Indianapolis Road, Whitestown

11:30 a.m. EST – First Lady Karen Pence to visit Murdock Elementary School
*Media are welcome to attend and are asked to check in at the front desk.
Murdock Elementary School, 2100 Cason Street, Lafayette

Dr. Bucshon Statement on President’s Keystone Veto

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(WASHINGTON, DC) –Today, President Obama vetoed a bill sent to his desk with bipartisan support from both chambers of Congress that approved the Keystone XL Pipeline.

Congressman Larry Bucshon, M.D. (IN-08) released the following statement after the President vetoed the pro-energy, pro-jobs, and pro-national security project:

“By vetoing this pro-jobs, pro-energy, and pro-national security project, the President ignored the will of an overwhelming majority of the American people,” said Bucshon. “Republicans, Democrats, union workers, and industry leaders – over 60 percent of Americans – agree Keystone is a common-sense project that should be approved. I’m disappointed the President put the interests of a few ideological extremists over our national interests.” 

 

Congressman Larry Bucshon, a physician from Southern Indiana, is serving his third term in the U.S. House of Representatives. In the 114th Congress, Bucshon will serve on the influential House Committee on Energy and Commerce.  The 8th District of Indiana includes all or parts of Clay, Crawford, Daviess, Dubois, Gibson, Greene, Knox, Martin, Owen, Parke, Perry, Pike, Posey, Spencer, Sullivan, Vanderburgh, Vermillion, Vigo, and Warrick counties.

 Lafayette Trooper is a Finalist for National Award

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Senior Trooper Ryan Winters, of the Lafayette State Police Post, has been named as a finalist for the IACP (International Association of Chiefs of Police)/Motorola Trooper of the Year for the North Central region. Winters was picked from applications submitted to the North Central region by a majority of votes of IACP Colonels. The other regions are North Atlantic, Southern and Mountain Pacific. The four regional finalists will receive an all expense paid trip to be honored at the 2014 IACP/Motorola Trooper of the Year banquet in Alexandria, VA on March 27, 2015, where one of them will be named as the 2014 IACP Motorola Trooper of the Year.

Senior Trooper Winters was nominated by Lafayette District Commander, Lieutenant Thomas McKee for his actions on April 10, 2014, when he was leaving his house to begin his regular shift just before 7:00 a.m. As he got in his patrol car, he noticed the house at 226 N. Walnut Street was on fire. Knowing that the residents of that house were elderly with limited mobility, Trooper Winters notified Regional Dispatch Center 1 (RDC 1) of the location of the fire, so that the fire department could be in route. He then went to the residence himself.

The following information is based on a report written by Trooper Winters, media interviews with the survivors and firefighters, and a written statement from Lt. Mike Hunley of the Ladoga Volunteer Fire Department. Trooper Winters initially found the southwest corner of the house was engulfed in flames. He pounded on the front door and got no response. Finding the front door unlocked he went inside and located the homeowners’ grandson, 11 year-old Colin Roe, sleeping on a couch in the living room. Trooper Winters said the sound of the fire was so loud he could not hear the smoke alarms going off, and Roe was sleeping with headphones on.

Smoke from the fire was beginning to build up in the house and was now just a few feet from the first floor ceiling. Trooper Winters woke up Roe and took him outside. He learned from Roe that his grandparents were asleep in their bedroom on the second floor. Trooper Winters re-entered the home and went to the second floor, where he located Warren and Deny Bowling, who are both in their 70’s.

According to an interview that Deny Bowling gave to the media, there was thick black smoke in the house when Trooper Winters woke up her and her husband. Trooper Winters guided them through the smoke and assisted them down the stairs and out of the house. At this time, Trooper Winters directed the family to a safe area and then quickly performed a safety check around the outside of the house to see if there was a propane tank or any other hazardous material that would have been threatened by the fire.

When he returned to the front of the house, Trooper Winters discovered that Warren Bowling had re-entered the house. Trooper Winters then entered the house for a third time, to locate Mr. Bowling. By this time, the thick smoke was only a few feet from the floor, and when Trooper Winters located Bowling, he could only see him from the waist down. Winters guided Bowling out of the house to the rest of the family and made sure that they were at a safe distance from the fire. By this time, the Ladoga Fire Department arrived and began to fight the fire. The Ladoga Fire Department eventually needed the assistance of the New Market and Walnut Township Fire Departments to extinguish the fire.

After making sure there was no one left in the house, Trooper Winters remained on-scene to assist with scene control and traffic. It was not until Lt. Mike Hunley of the Ladoga Volunteer Fire Department called the State Police Post in Lafayette that ISP was made aware of Trooper Winters’ heroic actions. Lt. Hunley is a former Montgomery County Sheriff’s Deputy and current Ladoga Town Marshal. He is a full-time fireman with the Purdue University Fire Department, and a Lieutenant with the Ladoga Volunteer Fire Department. Lt. Hunley reported that it is the opinion of the members of the Ladoga Fire Department on the scene that were it not for Trooper Winters’ actions, there would have been at least one, if not multiple, fatalities from this fire. Lt. Hunley went on to say that, as a person with experience as both a police officer and a fireman, Trooper Winters is deserving of recognition for his bravery and life-saving actions.

This is echoed by the Ladoga Fire Chief, Reggie Perry, who said, “We believe Officer Winters saved the family in the nick of time. I am afraid we would have had a fatal fire with multiple deaths”. Lt. Hunley also said that even after the fire was out, he would not let his firemen into the structure without wearing oxygen tanks and breathing apparatus, because of the toxic smoke that was present. Trooper Winters made three trips into this environment without any kind of breathing apparatus, which put his own health and safety at risk, in addition to the risk to his life posed by the fire and the risk of the structure collapsing around him. Further proof of the risk to his life is evidenced by the fact that Trooper Winters had to go to the hospital to be treated for smoke inhalation.

Speaking about the four regional finalists the IACP Project Coordinator, Brandon Gardner, said “Congratulations to these troopers for showing incredible heroism, professionalism, and dedication.”

The Indiana State Police Lafayette District Commander, Lt. Thomas McKee said, “Senior Trooper Winters has been very humble about this nomination and was just glad to be in the right spot at the right time.”

“As an agency we are grateful the IACP and Motorola sponsor such a prestigious award event as this that brings deserved public attention to the selfless acts of troopers from across the nation.”, said Indiana State Police Superintendent Doug Carter.

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