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Sunday, June 27, 2010

Ind. Law - Many new laws take effect Thursday, July 1st

Several newspapers this morning have stories about new Indiana laws that take effect Thursday. (BTW. these stories could be even more useful to readers if they consistently included at least the bill number of the legislation described.)

Niki Kelly reports in the Fort Wayne Journal Gazette on "four of the most significant new laws." Some quotes:

Rep. Matt Bell, R-Avilla, pushed the universal carding measure contained in Senate Bill 75 after it was studied and approved by an interim study committee on alcoholic beverages.

He said it was necessary because a high number of alcoholic beverage retailers were found to be in violation of underage drinking laws in undercover stings. * * *

Another law that goes into effect didn’t get much attention during the year but could play a role in upcoming elections.

The law prohibits a homeowners association from adopting or enforcing restrictive covenants or rules banning the display of political or candidate signs.

Associations around the state were doing so, and several constituents brought the issue to the General Assembly. Legislators found this to be a violation of free speech and passed Senate Bill 64 to allow the signs with certain limitations. * * *

The most controversial bill becoming law this week is one allowing workers to bring guns to work if they are left in locked vehicles.

Many businesses previously had bans on firearms in their parking lots and buildings, based on the rights of a business to secure its private property.

But Republicans and Democrats sided with the Second Amendment rights of Hoosiers to carry weapons, saying they should be allowed to have the guns for self-defense. .

“People will have the right to carry their legally owned firearms secured in their vehicles to their place of work,” said Rep. Bob Bischoff, D-Lawrenceburg. “The weapon will have to be stored in the locked vehicle’s trunk or glove compartment or kept out of plain sight.

It cannot be carried into the workplace, unless expressly allowed by the employer.”

The provision in House Bill 1065 could still be challenged in court, though.

Kevin Brinegar, president of the Indiana Chamber of Commerce, said a working group of chamber businesses is considering possible litigation.

He said there are two likely grounds for suing. First is that the law favors a person’s Second Amendment gun rights over the Fourth Amendment property rights of a business.

“We have a clash of rights here clearly. That’s been the rub,” Brinegar said. “Ultimately, the Indiana or U.S. Supreme Court will have to determine the question.”

A second avenue for litigation is equal protection. That’s because lawmakers included a host of exemptions in the bill for certain properties but not others. The exemptions include schools, utilities, domestic violence shelters and child care centers. * * *

Finally, another law going into effect could help single parents provide for their children.

It requires casinos to intercept slot machine winnings of $1,200 or more to pay outstanding child support obligations. It would kick in only if the person is considered delinquent – owing more than $2,000 or at least three months behind on payments. * * *

The state’s casinos resisted, saying private enterprise shouldn’t be required to collect money for the state. But Gov. Mitch Daniels pushed Senate Bill 163 through to improve the state rate of collecting child support.

And from a sidebar to the FWJG story:
A few other new laws that go into effect Thursday:

• Indiana’s graduated driver’s license law for teenagers pushes back when teens can get their license. Teens who take driver’s education will now get a license at 16 years and six months. It previously was 16 years and one month. Teens who don’t take driver’s education will now get a license at 16 years and nine months instead of 16 years and six months.

• A new law limits motorcycle handlebars to no higher than the shoulders when the rider is in the rider’s seat. Previously, handlebars could not be more than 15 inches above the rider’s seat.

• 16-year-olds can now donate blood with written permission from their parents.

• A new law requires a retailer that sells drugs containing ephedrine or pseudoephedrine to post a sign warning that it is a criminal offense for a person to buy drugs containing more than certain quantities of ephedrine or pseudoephedrine.

The Louisville Courier Journal's Lesley Stedman Weidenbener's story today also highlights these requirements effective July 1: "retailers selling alcohol will be forced to card everyone who looks 50 years old or younger, gamblers delinquent on their child support could lose their jackpots and people will be able to keep guns in their cars at most workplaces." In addition:
[A]nother new law will prevent the public from gaining access to records about gun permits.

Up to now, the public could find out the names and other identifying information about people who have received permits to carry handguns. The new law makes that information private, although state, federal and local law enforcement officials will still have access.

"In my view, the individual rights of citizens who have licenses to carry concealed weapons are more important than public access to that information," state Rep. Peggy Welch, D-Bloomington, said in a statement about the law. "The Indiana General Assembly overwhelmingly decided to come down on the side of protecting personal information, particularly when that information is derived from a constitutional right."

More from the LCJ story:
Most of the laws that will go into effect later this week passed the General Assembly during this year's legislative session. But one big change for teens passed in 2009, even though it doesn't take effect until Thursday.

It pushes back the age when teens can get obtain a driver's license. Starting Thursday, teens who take drivers' education training will have to wait until age 16 and six months to receive a license - five months longer than under current law.

Teens without the training will have to wait until 16 and nine months to get a license.

The changes were part of a bill that also banned teen drivers from using cell phones or other mobile devices while driving. That part of the bill went into effect last year.

Earlier this year, the General Assembly passed a bill backed by Gov. Mitch Daniels to crack down on parents who are delinquent paying child support.

The most noted provision is one that would require casinos to withhold jackpots from parents substantially behind on their payments.

But the law's sponsor, Rep. Linda Lawson, D-Hammond, said many of its other provisions are more powerful.

The law expands the use of sanctions - including the cancellation of benefits - against families who receive welfare assistance but fail to cooperate with prosecutors trying to collect back child support payments. It also makes a series of changes meant to bring the state's child support programs into compliance with federal rules.

"These changes will help make sure that parents will be required to support their own children, rather than having Indiana taxpayers do it," said Stephen Johnson, executive director of the Indiana Prosecuting Attorneys Council.

Another new law tweaks Indiana's alcohol laws. It allows alcohol sales during voting hours on Election Day and expands Sunday bar hours to match those on other days of the week.

It also requires retailers selling carryout alcohol to verify the age of any customer who looks younger than 50 and allows microbreweries to conduct take-out sales on Sundays, as wineries already do.

"Microbreweries are local, small businesses that support a craft, providing jobs and bringing visitors to the community," said Sen. Vi Simpson, D-Ellettsville, one of the bill's co-authors. "The new law will provide brewers with the same opportunity as local wineries to offer carryout sales of their product during Sunday tastings and events."

Lu Ann Franklin takes a different tack on her story today in the NWI Times, looking at three Indiana laws effective July 1 that provide more consumer protection. Some quotes:
MERRILLVILLE | Hoosiers will get more consumer protection thanks to three laws that go into effect Thursday.

The laws target abandoned medical records, foreclosure consultants and appraisal management firms, said Indiana Attorney General Greg Zoeller during a news conference Friday at state offices in the Chase Bank Building.

Senate Enrolled Act 356 authorizes the attorney general's office to obtain and store abandoned health care records or any other records with personal identifying information. The law also allows Zoeller's office to destroy the records if they cannot be returned to their owners. * * *

House Enrolled Act 1235 was enacted to prevent property appraisal fraud, which Zoeller said was one of the contributing factors in the mortgage meltdown because properties were dramatically overvalued. Some appraisers were from out of state and never saw the property they were appraising, he said. * * *

House Enrolled Act 1332 makes important changes to Indiana laws blocking unscrupulous operators from committing mortgage fraud as foreclosure consultants.

"In the last three months, our office has filed lawsuits against or reached settlements with 14 foreclosure consultants from around the nation," Zoeller said. "We're focusing on protection rather than restitution with this law."

This new law requires any for-profit company offering foreclosure consultant services to register a $25,000 surety bond with the attorney general's office. Surety bonds are an insurance policy in case a company defrauds a consumer. Current Indiana law requires a surety bond, but companies didn't have to provide proof of bonding by filing with the state.

This law also adds a criminal penalty for knowingly violating the foreclosure consultant law and expands the definition of credit service organizations to include debt settlement companies and companies that negotiate interest rate reductions.

Here is the 10-page, 2010 Enrolled Act Summary, prepared by legislative staff - it includes effective dates.

[More] From the AP, this story in the LCJ this story (again with no bill #) that begins:

BLOOMINGTON, Ind. -- Indiana blood centers hope a new state law spurs donations from teenagers and helps bolster supplies during the summer months, when donations typically drop off.

Starting July 1, Indiana will be one of 24 states with laws specifically encouraging 16-year-olds to donate blood.

Teenagers must meet new physical requirements established in 2009 and present a consent form signed by their parents or guardians.

Posted by Marcia Oddi on June 27, 2010 11:50 AM
Posted to Indiana Law