By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – A federal appeals court has ruled that an Indiana law banning most political calls that use automated dialers and recorded messages doesn’t violate federal consumer protection rules.

But the 7^th Circuit Court of Appeals sent a case back to a lower court to decide whether the state law violates the First Amendment of the U.S. Constitution.

“This decision confirms the position we have been advocating for over a decade in every forum where our telephone privacy laws have been challenged,” Attorney General Greg Zoeller said in a statement. “Federal law bearing on telemarketing simply does not preclude broader state prohibitions.”

But he acknowledged that the lower court will now be reviewing the law again – this time in light of constitutional questions.

“My office will continue to enforce and defend the state’s telephone privacy laws, but there is more work ahead to ensure Hoosiers are protected from annoying and intrusive robocalls,” Zoeller said.

At issue is an Indiana law that applies to commercial and non-commercial speech and prohibits automated, pre-recorded calls unless a live operator introduces the message. Schools are exempted, as are organizations that receive a consumers’ permission to call.

The General Assembly passed the law more than 25 years ago but it was not initially enforced against political parties, campaigns or special interest groups. Over the years, those groups used robo-calls for a variety of purposes – such as sending reminders for voters to request absentee ballots or go to the polls, delivering endorsements from prominent politicians, or criticizing opponents – because they are cheaper than calls made by volunteers or paid-professionals.

But in 2006, then-Attorney General Steve Carter announced he would enforce the law in regard to political calls, too. The Indiana Republican and Democratic parties went along with the decision, but outside groups continued to make the calls and Carter moved to fine the offenders.

One of those groups – American Family Voices, which was using the autodialing machines in the 9^thCongressional District race between Democrat Baron Hill and Republican Mike Sodrel – sued the state, leading to an Indiana Supreme Court ruling that upheld the law.

Then in 2010, Patriotic Veterans, a political advocacy organization based in Illinois, sued the state in federal court, challenging that the law violated the federal Telephone Consumer Protection Act as well as the free speech clause of the U.S. Constitution.

U.S. Judge William Lawrence of Indiana’s Southern District decided in 2011 that the state law violates the federal Telephone Consumer Protection Act, which regulates calls made from one state to another. He did not then rule on the constitutional question.

The state appealed, leading to the appeals court decision on Thursday.

“The plain language (of federal law) dictates that the Indiana statute is not expressly preempted,” the appeals court said. “This is true whether the Indiana statute is one that merely regulates autodialed interstate calls or prohibits them.”

But the ruling said the district court should now have the opportunity to consider the constitutional question.

Lesley Weidenbener is the executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – The state’s unemployment rate fell to 7.5 percent in October – a full percentage point lower than it was just three months ago.

That’s the largest quarterly drop the state has experienced in two decades.

Gov. Mike Pence called the improvement a “testament to the resilience of the hard-working people of Indiana, the businesses of our state and the policies that we have been embracing during these difficult times.”

“Indiana’s pro-growth policies of fiscal responsibility, lower taxes and less red tape are giving Hoosier businesses the confidence to grow and attracting new investment and jobs to our state,” he said. “Our progress in education and workforce is attracting renewed interest in investment in Indiana. Because of our efforts, Indiana’s private sector job growth continues to significantly outpace the national average.”

Still, Indiana’s unemployment rate remained higher in October than the national rate of 7.3 but equal to or lower than most of its neighbors’ rates.

Private sector employment in Indiana grew by 6,600 jobs in October, with gains concentrated in the manufacturing, construction and private educational and health services.

And at 8.5 percent, Indiana’s rate of private sector growth  has continued to significantly outpace the national average o6.5 percent since July 2009, the low point of employment in Indiana.

“Indiana’s unemployment rate is more than one percentage point below where it was in January, which is definitely significant” said Scott Sanders, commissioner of the Indiana Department of Workforce Development. “The steady private sector job growth the Hoosier state has been experiencing for some time now is finally beginning to be reflected in the unemployment rate, which many businesses and individuals rely on to make important economic decisions.”

The number of unemployed Hoosiers has also dropped by more than 27,000 during the past three months, while Indiana’s labor force has grown by 6,000. Claims for unemployment insurance this year remain at their lowest levels since 2000.

“Despite today’s encouraging news, there are still far too many Hoosiers struggling in this economy, and we cannot afford to let up in our effort to make Indiana even more attractive for investment and jobs,” Pence said.

Pence and legislative leaders say they intend to focus on job- and economic development-related issues during the upcoming session of the General Assembly.

AG Zoeller offers several tips to avoid being ripped off

INDIANAPOLIS – Indiana Attorney General Greg Zoeller today warned storm victims of illegitimate contractors who may knock at your door and try to pressure you into a bad deal.

Fly-by-night contractors often travel to weather-related disaster areas to offer home repair, clean-up, debris removal and tree-trimming services. Zoeller said Hoosiers should know their rights and fully research the company before signing a contract.

“Bogus contractors prey on homeowners who are desperate to have repairs made quickly. That’s why letting your guard down and not checking out the company could leave you with unfinished work and an unsafe home,” Zoeller said. “If a contractor pressures you to make a quick decision, your decision should be no.”

The Attorney General’s office offers several tips to be avoid being ripped off by a contractor:

• Get a written contract before any work is performed or payment is made. Indiana law requires home improvement contracts exceeding $150 to be in writing;
• Before signing the contract, make certain it includes the cost, payment schedule, description of work, estimated start and completion dates, contractor’s contact information and contractor’s signature.
• If you receive an insurance check, have it made out in your name to maintain control of the funds and do not sign it over to your contractor;
• Do not pay more than one-third of the total cost of the project as a down payment. Remaining payments should be tied to completion of specified amounts of work;
• Don’t make the final payment to the contractor until you know that all subcontractors and/or suppliers have been paid. Get written proof of payment. Subcontractors and suppliers may file a mechanics lien against your home if they haven’t been paid; and
• Keep all records related to your project including the contract, change orders, warranties and any correspondence should problems arise.

Any consumers who feel they have been ripped off are encouraged to file a complaint with the Attorney General’s office by visiting www.IndianaConsumer.com or by calling 1-800-382-5516.

Zoeller also said Hoosiers should look out for possible charity scams and visitwww.IndianaConsumer.com for help on how to recognize red flags. Consumers can visitwww.CharityNavigator.org to assist in identifying legitimate relief organizations and determine how much of their donations are used to help victims rather than on administrative overhead.

By Jacie Shoaf
TheStatehouseFile.com

INDIANAPOLIS – President Barack Obama on Wednesday presented former U.S. Sen. Richard Lugar of Indiana with the Presidential Medal of Freedom – the nation’s highest civilian award – during a ceremony at the White House.

Former U.S. Sen. Richard Lugar on Wednesday received the Presidential Medal of Freedom. Photo by Darron Cummings, AP photo pool

Lugar, who represented Indiana in the Senate for more than three decades, “put country above party and self to forge bipartisan consensus,” according to the White House.

“Our nation and our world are safer because of this statesman,” Obama said in his speech. “And in a time of unrelenting partisanship, Dick Lugar’s decency, his commitment to bipartisan problem-solving, stand as a model of what public service ought to be.”

This awards program marks the 50th anniversary of former president John F. Kennedy’s establishment of the Presidential Medal of Freedom Award. Obama handed out awards to 16 Americans on Wednesday.

Lugar – who lost in last year’s GOP primary to Richard Mourdock, who then lost to Democrat Joe Donnelly – served in the Senate for 36 years. He also served two terms as Indianapolis mayor and won the chamber’s inaugural government leader award in 1990.

Since his election defeat, Lugar, 81, has become president of the Lugar Center in Washington D.C. and remains active in energy and national security issues.

Jacie Shoaf is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

These questions are directed at Mayor Winnecke, City Controller and Past Mayor Russ Lloyd Jr. and Evansville HR Director Mr. Fithian. The answers would be appreciated.  Please blog your answers on this page.

1. When did you learn that the US Department of Labor laws limit comp time accruals to 480 hours for fire and police and 240 hours for other public employees?

2. When did you learn that there were 110,000 hours on the books of the City of Evansville for comp time?

3. Do you think it is appropriate to withhold such information from the City Council during a budget hearing?

4. Who on the city payroll is responsible for knowing federal labor laws?

Thanks,

CCO Editor-Joe Wallace

The CCO has just learned that the enrollment period for ObamaCare including the employer mandate has been delayed by one month. The enrollment period will now begin on November 15, 2014 that falls conveniently just after the 2014 congressional elections.

The Health and Human Services Department confirmed to various agencies that it plans to reschedule the 2015 open enrollment period for Nov. 15, 2014 – Jan. 15, 2015. Previously, the enrollment period was slated to run from Oct. 15 – Dec. 7, 2014. Insurers also now have until May 2014, rather than April 2014, to submit applications to offer health plans in the marketplace. The changes don’t impact the Obamacare marketplace for next year.

This is a developing story.