Government Reduction Bill Passes House

February 6, 2014
Jud McMillin (R-Brookville) authored the bill that looks to remove outdated and duplicate provisions in the Indiana Code.

Jud McMillin (R-Brookville) authored the bill that looks to remove outdated and duplicate provisions in the Indiana Code.

STATEHOUSE- A major government reduction bill has passed the Indiana House and will now go to the Senate for further discussion. Authored by State Representative Jud McMillin (R-Brookville), House Bill (HB) 1005 cuts bureaucratic red tape for Hoosier businesses and stops burdensome regulations by removing unnecessary, outdated and duplicate provisions in the Indiana Code.

“Since 2011, the Legislature has eliminated more than 40 boards and commissions and removed more than 400 government appointments,” said Rep. McMillin. “We are always looking for ways to make government more effective and efficient for Hoosiers. Just as positions might no longer be needed or lose their value over time, laws can fall in the same category. When regulations become archaic, duplicated or unnecessary, it can be costly and create confusion for businesses and Hoosiers alike. I authored House Bill 1005 to consolidate the code and remove provisions in order to help state government work better for all Hoosiers.”

In 2013, the Competitive Enterprise Institute discovered that the cost of complying with federal regulations is estimated at $1.8T. According to a poll conducted by the National Association of Manufacturers and the National Federation of Independent Businesses in 2012, 55 percent of business owners say they would not start a business today given the current environment and what they know about the process. Looking at Indiana specifically, since 1976, the Indiana Code has nearly doubled in size.

If enacted, HB 1005 would repeal the Responsible Property Transfer Law (RPTL) which requires documentation to be disclosed for certain property transfers. While this law was revolutionary in 1989, the private sector has developed procedures to encompass what the RPTL entails.

Another provision in HB 1005 repeals a law dating back to 1965 which requires businesses to file notice with the county clerk when they are having a ‘going out of business sale.’ The law was in place to prevent false advertising, but since other laws exist to address this concern, the regulations were unnecessary and burdensome to Hoosier business owners. In fact, some county clerks, like in Elkhart, have not issued a license under this law since 1998.

“The laws we pass address concerns our constituents have, but sometimes old language isn’t removed. This can make it difficult for Hoosiers to navigate state government and have their issues resolved,” said Rep. McMillin.

A main component of HB 1005 makes various changes to the Title 9 portion of the Indiana Code.

“There are many regulations and restrictions that make up the Title 9 section of the code. As new provisions have been added over the years, it has become increasingly confusing and overwhelming for judges or attorneys to keep up with. House Bill 1005 renovates this section considerably, simplifying it for court officials and Hoosiers,” said Rep. McMillin.

Other provisions in HB 1005 repeal needless regulations pertaining to the Department of Revenue, the Department of Insurance and the Family and Social Services Administration to list a few.

“This government reduction bill is one of the largest on record and spans across many portions of the Indiana Code,” said Rep. McMillin. “We spend a lot of time passing laws and putting language into the code, and sometimes our focus needs to be removing that language once it becomes outdated, duplicated or unnecessary.”

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