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Thursday, September 02, 2010
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home : local news : local news September 02, 2010

1/26/2009 8:00:00 AM
Head files his first bill
Measure deals with habitual offender deadline
BY CHRISTINA M. SEILER
News Editor, The Sentinel

State Sen. Randy Head, R-Logansport, was to file his first bill with the Indiana General Assembly today.

Its aim is closing a loophole that sometimes prevents county prosecutors from seeking a habitual offender charge, which results in a tougher sentence if a person is convicted.

Indiana's Three Strikes Law allows judges to impose additional prison time once a person is convicted of three felonies.

Head's piece of legislation, Senate Bill 276, passed out of committee last week. It would allow prosecutors to file the enhancement request any time before trial as long as the defense has time to investigate the charge.

Currently, that filing is required within 10 days after the court-set deadline for all paperwork pertaining to a criminal case to be completed and filed.

Head explained his legislation, and talked about other issues being considered by the Indiana General Assembly, at Saturday's Rochester & Lake Manitou Chamber of Commerce legislative breakfast. It was the first of three. The remaining two are Feb. 28 and March 28, at 8 a.m. at Manitou Banquet Hall.

"On each of these bills I've got I've tried to support from the other party. It's important to take politics out of the process and go across the isle," Head said.

He was joined by State Rep. Doug Gutwein, R-Francesville.

On Wednesday, Head said, he will file his second bill, which deals with Internet crime. He serves on these committees: crime, corrections and civil matters, judiciary, elections and education.

Gutwein serves on the family, children and human affairs, and labor committees and on the interstate and international commission. He said he's not sure what the commission does.

Both men talked about state finances and the Kernan-Shephard Report, which suggests ways to streamline Indiana government.

"My wife tells me I say it in my sleep - my first choice would be eliminate property taxes altogether," Head said. His second choice is uniform caps and third is graduated caps now in place.

Those caps, 1 percent of assessed value on homesteads, 2 percent on other residential properties and agricultural land and 3 percent on business and industrial property, are the basis of a constitutional amendment being considered this year.

The current cap structure violates Indiana's constitution, Head explained, because it doesn't tax equally. He's not sure what will happen yet.

"We'll have to wait to see what happens in the House. Any bill generating revenue must start in the House," he said.

Head talked a bit about the Kernan-Shephard Report's proposals for consolidated government. He's against the idea of a single county executive, he said, because it lessens accountability, transparency and access to the people.

Head also said, in response to a question from Rochester Community Schools Superintendent Deb Howe, he's opposed to school consolidation.

"It may make more sense moneywise only. There comes a point in a child's education where it's about more than money," he said, noting smaller schools offer students more opportunities in sports and extracurricular activities. He also said he finds it more difficult for a child to fall behind in a small school.

The report calls for schools with fewer than 2,000 schools to consolidate. Howe said Gov. Mitch Daniels proposes schools with fewer than 1,000 schools consolidate.

Head stressed he wants to hear his constituents feelings about the report's recommendations. His constituent survey is available on his Web site, available by going through www.indiana.gov.

Gutwein said he's not heard a lot of talk yet about the Kernan-Shephard Report. It makes 27 recommendations for local government reform.

"We're waiting to hear more from the citizens," he said. "Don't get all nervous about things. They're out there for consideration by you," he said of the recommendations.

Some in the audience voiced their opinions Saturday.

Bob Peterson didn't speak favorably. "All of us agree to the need for efficiency," he said. Local officials seem to be courteous and efficient and he doesn't believe that would be the case with an appointed government.

Ted Waggoner, Peterson's partner, said he believes there are some very good ideas in the report. "I think, if you were to design a government today, you probably wouldn't design the one we've got," he said.

Doug Morton noted Indiana has more elective offices, per capita, than any other state. Council and county commission members are policymakers. Other elective officeholders are doing a job, and could be appointed, he said.

Walt Talbott doesn't like the idea of a single county executive. "We fought a war in the revolution to get rid of a king. We don't need another dictatorship," he said.

Other citizen concerns:

Diane Paff lives near the Acument Global Technologies plant, where former Torx waste has polluted the water. She asked if Head and Gutwein could do anything to help. Head said he'll contact the Indiana Department of Environmental Management to see where its investigation is.

County Commissioner Roger Rose told the legislators the county's economic development efforts are stymied by not knowing the future of U.S. 31 and proposed limited access for Fulton County. He said their help in getting the Indiana Department of Transportation's attention would be nice. The state, he said, doesn't seem to respond when asked about the project in Fulton County.

Marshall County Coroner Bill Clevenger stood and addressed the audience. He urged attendees to pay attention to government reform proposals and issues.





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