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Sunday, January 22, 2012

Indiana lawmakers consider some laws that are just plain puzzling - Indianapolis Star

Does Indiana need grand juries? How about prayer in schools? And should Hoosiers be able to buy lighters that look like rubber duckies?

State lawmakers are tackling those issues and more this year in the Indiana General Assembly. While topics like the "right to work" legislation that's boiled blood on both sides of the aisle can dominate lawmakers' time, they also consider unique and sometimes just plain head-scratching laws.

Some never will see the light of day as "saner heads prevail," said Brian Vargus, a political science professor at Indiana University-Purdue University Indianapolis.

But others could pass into law, perhaps more serious than at first blush.

"There are things that come up with legislation that may sound odd to the rest of us, but that they think is very important," Vargus said.

"Sometimes, it's a way to show they are pursuing interests that are important to their constituents. These bills mostly attract attention, but some of them move forward."

Remember the debate over a state insect in 2007? The effort to elevate the monarch butterfly got about as far then as legislation regulating the singing of the national anthem moved this year.

Sen. Mike Delph, R-Carmel, has a penchant for throwing a potential law against the wall to see what will stick. He's already taken a proposal to eliminate class basketball off the table, though it has fostered discussion. Another bill would ensure no state employee -- including college coaches -- earns a higher salary than the governor. Think Tom Crean would stay at IU at an 85 percent discount? Would Danny Hope be happy with $95,000 at Purdue -- about 10 percent of his salary this year?

Delph admits those may not go far, but he hopes another bill fosters a committee to study the issue over the summer. He wants to eliminate grand juries, saying prosecutors are elected to make the tough decisions.

He looked back nearly two years ago, when then- Hamilton County Prosecutor Sonia Leerkamp pointed to the findings of a grand jury to defend her decisions to charge four Carmel High School basketball players with misdemeanor rather than felony counts over incidents on a team bus and school locker room.

"There are a lot of reasons why you introduce bills and put things before the public," Delph said. "With some bills, you want to get people to think. With others, you want to make new law. But you can't get a public discussion and debate going unless you throw the issue out there."

Other lawmakers aim legislation at their party bases. Sen. Jim Tomes, R-Wadesville, wants to allow The Lord's Prayer in school. And Sen. Dennis Kruse, R-Auburn, wants creation science taught along with evolution.

The emotionally charged issues each challenge the separation of church and state, but their motives differ.

Tomes would never let his bill get to the point of passage -- saying he wouldn't waste taxpayer money challenging constitutional concerns in court.

"It's not going to get heard," Tomes said, "and I understood that going in. I wanted to bring this up for discussion, because there are a lot of people who say we need prayer in school. People think there must be something lacking in our society" because of high crime rates.

Kruse, though, wants to press the issue of creationism -- though it's hard to say how far he will get.

"I believe in creationism," he said, "and it's worthy of being taught equally with evolution theory. . . . Just because there are constitutional concerns doesn't mean you don't try to get something done you believe in."

Sen. John Waterman, R-Shelburn, was thinking of the Constitution when he filed a bill to prohibit the enforcement of foreign laws in state courts -- such as Sharrah law, also known as Islamic law.

But Waterman already has been assured that courts follow the state and U.S. constitutions -- as is the case throughout the country.

Still, he said: "We don't know how the courts are going to change in the future."

That one hasn't gotten a hearing yet -- but here are two that have:

Reps. Sean Eberhart, R-Shelbyville, and Ralph Foley, R-Martinsville, filed legislation that protects rights of publicity of people who died before July 1, 1994. That raised one question: Who died 18 years ago in their districts south of Indianapolis? Turns out, not anyone in particular.

Foley said state law already protects rights of publicity -- celebrity photos and such -- after that point.

"There is some confusion in the federal courts whether Indiana's law applies to people who died before we passed our statute or whether it only applies to people who died after we passed our statute," Foley said.

Rep. Randy Frye, R-Greensburg, filed perhaps the most intriguing bill of the year. He wants to prevent the sale of novelty lighters. You've seen them: ones shaped like guitars, dogs or motorcycles.

Sound superfluous? Not at all, says the very serious-sounding retired Indianapolis firefighter. Lighters shaped like rubber duckies, cookies and toy guns, he said, have proved dangerous in the hands of children. Unsuspecting kids can accidentally set fires or drink lighter fluid.

"Twenty-six years I spent running up and down the road in a fire engine," Frye said, "so I had a great deal of experience with house fires. I want to do everything I can to prevent kids like my grandkids from playing with something they think is a toy."

Hard to say what his fellow lawmakers will think. But it proves you can't judge a bill by its cover.

"Sometimes, these can be real issues," Vargus said.

Follow Star reporter Chris Sikich on Twitter at twitter.com/ChrisSikich. Call him at (317) 444-6036.

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