Partisan Legislature? Or No Difference?

One must wonder how we claim to have partisan races in a general election when the end result really doesn't matter.

Take a look at the rough vote count in just the bills covered to date:

House: 1739 - YES; 44 - NO
Senate: 851 - YES; 25 - NO

What would be most interesting at this point is to find out why some of the few "No" votes actually voted "No". That, to me, is almost worth calling the legislators and asking.

HEA 1227 - Shoreline Development Commission

Shoreline development commission. Adds the following two members to the shoreline development commission: (1) A representative of a public utility that owns real property that is located in counties contiguous to Lake Michigan and that has a total assessed value that exceeds the total assessed value of the real property owned by any other public utility owning real property in the counties contiguous to Lake Michigan. (2) The port director of the Port of Indiana-Burns Harbor. States a preference for the member of the commission appointed by the lieutenant governor being from a visitor and tourism business. Makes a technical correction.

Let's see...a public utility owning real property in the counties....blah blah.... Why not just say NIPSCO gets a representative on this very populated committee? If for some reason NIPSCO discontinues being NIPSCO, I imagine legislators would have plenty opportunity to alter this. Nothing really wrong with adding two more bodies to this board. The size of this committee isn't a problem. What they can do, however, could always be a problem.

House passes 94-0; Senate passes 47-0.

HEA 1220 - Regional Development (South Shore Rail extension)

Synopsis: Regional development. Requires the commission on state tax and financing policy to study state and local funding alternatives for the South Shore West Lake extension.

Each word of this legislation stands to be worth tens of millions dollars each. What appears rather innocuous represents the first step in formalizing a move toward expansion of the South Shore Railway in Lake and Porter Counties.

The few sentences that authorize the House Tax and Finance Committee to study ways to finance this project comes with an emergency order and a report due by November 1, 2008.

As bad as it is, it could have been worse. The original House Bill:

Regional development. Establishes a transportation tax area for the territory within Lake County and Porter County. Provides for an allocation to the transportation tax area from the state gross retail and use taxes collected from the counties. Requires the development board of the northwest Indiana regional development authority to use the allocation for projects related to the West Lake line. Establishes a transportation tax area for the territory within LaPorte County and St. Joseph County. Provides for an allocation to the transportation tax area from the state gross retail and use taxes collected from the counties. Requires the board of trustees of the Northwest Indiana Commuter Transportation District to use the tax allocation for certain rail improvement projects in South Bend and Michigan City. Requires a city or county that participates in the northwest Indiana Regional development authority to remain a member for at least 10 years. Prescribes the terms for withdrawing from the development authority. Makes an appropriation.

In the end, it was trimmed down to authorizing a study. The rest of this will come next year. House passed 97-1; Senate passed 47-0. The lone dissent was Rep. Fry.

Read what the Chesterton Tribune writes on the subject.

SEA 118 - DOC Superintendent Qualifications

Synopsis: DOC superintendent qualifications. Allows a person who does not hold at least a bachelor's degree to serve as a superintendent in the department of correction (DOC) if the person has specified levels of experience. (The introduced version of this bill was prepared by the sentencing policy study committee.)

We're not sure if this was intended for a particular person or not. It would appear so. And, we're torn. Our legislators constantly tell us the importance of a good education and throw millions upon millions of dollars at every level. If we are to believe them, we should be demanding our leadership positions are filled with properly trained managers. For hypocrisy, we score our legislators low for this.

However, it's long been a libertarian perspective that experience rivals education and we should be promoting the most capable and prepared individuals into management regardless of formal education. For doing the right thing with this legislation, we score our legislators high.

House passes 97-2; Senate passes 47-1. Voting "no" -- Sen. Drozda and Reps. Micon and Murphy.

HEA 1046 - Apprentice Hunting Licenses

Synopsis: Apprentice hunting licenses. Establishes an apprentice hunting license that allows an individual to hunt when accompanied by a hunter who is at least 18 years of age. Provides that an apprentice hunter is not required to take the hunter education course and may not obtain more than three apprentice licenses in the individual's lifetime. (The introduced version of this bill was prepared by the natural resources study committee.)

Good job by the natural resources study committee. In fact, surprising six senators had a problem with this.

House passes 89-1. Senate passes 40-6.

HEA 1016 - Unclaimed Money

Unclaimed money. Requires the treasurer of state to return certain unclaimed money directly to the claimant instead of returning the money to a court clerk to present the unclaimed money to the claimant. Removes a requirement that a claimant give notice to the attorney general of proceedings on a claim.

Nice job by Richardson, Koch and VanDenburgh to push through legislation that streamlines the process of returning previously unclaimed money to the claimant. A unanimous House and Senate vote on something that deserved it.

House passed 83-0; Senate passed 46-0.

SEA 153 - Extension of Dentist instructor License

Extension of dentist instructor license. Extends until June 30, 2013, the authority of the state board of dentistry to issue a dentist instructor's license for individuals not otherwise licensed to practice dentistry in Indiana. (Under current law, the authority expires June 30, 2008.) (The introduced version of this bill was prepared by the health finance commission.)

The extension of licensing isn't an issue. Rep. Fry's antics were.

Fry tried to harpoon this legislation by adding completely unrelated language related to dialysis treatments and insurance. The attempt at the amendment was ruled out of order and the original legislation was simply extended.

Senate passes 46-0. House passes 85-13. It appears Rep. Fry has at least twelve other friends in the legislature.

HEA 1067 - U.S. Flag Protocol for Indiana Soliders

Synopsis: United States flag protocol for Indiana soldiers. Requires the governor to issue a proclamation, not more than 24 hours after receiving notice that an Indiana resident who is a member of the armed forces of the United States or the Indiana National Guard has died in action or as a result of wounds received in action, ordering that the United States flag be flown at half-staff on state property on the day of the member's funeral or memorial service.

Amazing we need to codify doing what's proper.

House passes 88-0; Senate passes 45-0.

HEA 1112 - Learner's Permits and Graduated Driver's Licenses

Synopsis: Learner's permits and graduated driver's licenses. Establishes the interim study committee on learners' permits and graduated drivers' licenses to study: (1) the minimum age at which learner's permits and probationary driver's licenses can be issued by the bureau of motor vehicles; (2) requirements for practice driving before a probationary driver's license can be issued; (3) the use of handheld devices by probationary drivers; (4) conditions to which the probationary driver is subject while driving; (5) whether a penalty should be given to a minor who accompanies a probationary driver without an accompanying adult driver of a certain age; and (6) the adoption of rules concerning driver education instruction.

The synopsis says what it is -- a government committee. We know what's next, also. The Final Report by will make rather strict and punitive recommendations that will be passed out of House and Senate Committee and adopted nearly unanimously by both chambers. Watch for the learner's minimum age to increase and unenforceable requirements related to "practice driving" and passengers be included.

Senate passes 43-3; House passes 92-0. Voting "No" in the Senate -- Kenley, Nugent and Waterman.

SEA 233 - Streamlined Sales Tax Conformity (Music Downloads)

Synopsis: Streamlined sales tax conformity. Adds definitions of the following terms from the Streamlined Sales and Use Tax Agreement (SSUTA) to the sales and use tax statutes: (1) "digital audiovisual works"; (2) "digital audio works"; (3) "digital books"; and (4) "specified digital products". Amends the definition of "durable medical equipment" to conform with SSUTA. Extends until January 1, 2010, the date when sales of floral products will be sourced to the location of the floral business that takes a floral order from a purchaser, to conform with SSUTA. Provides that a person who transfers specified digital products to an end user with a grant of permanent use is a retail merchant making a retail transaction.

This is a tough one presented by Big-Government Senator Luke Kenley. Libertarians generally favor consumption fees and consumption taxes -- the "pay as you go" philosophy. However, with the changes to Indiana Code allowing for the State taxation of music and digital downloads from the internet, the State enters into murky waters of what overall impact will this have on small business as we move forward.

Will graphics designers in Illinois selling to a customer in Indiana now have to pay Indiana sales tax on their products? Is that next? What about your traditional manufacturers doing business across state borders? Is it fair to further enslave small business as the collecting agents of government revenues with no compensation to them as that agent? Is it enforceable even?

Another problem with this? Sen. Kenley wants our money so badly and so quickly, he made sure this was considered an "emergency act" to take effect immediately upon receiving Governor Daniels' signature. Mr. Kenley, how exactly is this an emergency?

Senate passes 46-0; House passes 80-11. Voting "no" in the House? Behning, Dvorak, Koch, Ruppel, Brown (T), Fry, Murphy, Wolkins, Buck, Grubb, and Noe. (Have we mentioned before Rep. Wolkins is one of the good guys?)