Two McMillin Bills Could Make Big Changes To Ind. Laws

Posted On March 14, 2014

By Mike Perleberg

State Representative Jud McMillin (R-Brookville) provided

State Representative Jud McMillin (R-Brookville)

(Indianapolis, Ind.) – Like an adventurer might wield a machete in a dense jungle of vines, trees, and overgrowth, a local state representative helped slash out years of unneeded and duplicate language in the Indiana Code.

State Rep. Jud McMillin (R-Brookville) authored House Bill 1005, which earned approval of the state legislature in the final day of the 2014 lawmaking session Thursday. HB 1005 now resides with Governor Mike Pence, who could choose to sign it into law.

A press release from McMillin’s office Thursday called the bill one of the largest government reduction bills in Indiana history. The Indiana Code, he said, has doubled in size since 1976 as lawmakers over the years have focuses on adding laws and additional language.

“I authored House Bill 1005, which is a focal point in our legislative agenda this session, to increase government efficiency by removing regulations once they have become archaic, duplicated or unnecessary. Consolidating the code will not only eliminate confusion and costly provisions, it also cuts red tape to help businesses and Hoosiers alike,” McMillin said.

HB 1005 removes the Responsible Property Transfer Law, which passed in 1989. Since then, McMillin says the private sector has developed procedures to encompass what the law entails.

Another section of the bill repeals a 1965 law requiring businesses to file notice with a county clerk when they are having a “going out of business sale” to prevent false advertising. McMillin said some county clerks had not issued a license under that law since 1998. Newer laws are now on the books addressing the matter.

Other streamlinings in HB 1005 are various changes to the Title 9 portion of the Indiana Code and obsolete language relating to the departments of Labor, Homeland Security, and Family and Social Services Administration among others.

“I’m proud to say this session we were able to remove many of these outdated provisions in order to help reduce the size and scope of government, saving Hoosiers both time and money,” said McMillin.

According the bill digest, the bill will also repeal the law concerning continuance of prosecution, treatment, and probation for individuals charged with or convicted of felonies related to drug or alcohol abuse and supervised by the division of mental health and addiction.

McMillin had also co-authored House Bill 1006, which makes a variety of technical changes and updates to the Indiana criminal code, in particular the court sentencing process. The bill came out of the Criminal Code Evaluation Committee, which began reviewing sentencing policy in 2009.

HB 1006 changes felony classification from a four-tier system – recognized as the Class A through Class D felony – to a six-tier system numbered Level 1 through Level 6, 1 being the most serious.

Speaking with Eagle 99.3 Friday, fellow southeast Indiana State Representative Randy Frye (R-Greensburg) credited McMillin and others for the massive amount of time put into the HB 1006.

“Representative McMillin, Representative (Greg) Stuerwald, and many others worked hard this year to completely rewrite the criminal code. What a task. They have hundreds if not thousands of hours of work in this,” Frye said.

Like HB 1005, HB 1006 still requires the governor’s signature before it can become law.