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Indiana State Legislative Update January 26, 2021

January 26, 2021 11:56 AM | Wendy Bayley (Administrator)

STATEHOUSE SUMMARY

The Indiana General Assembly decided not to hold any meetings last week based on anticipated protests stemming from recent events at our nation’s capital. Fortunately, the anticipated protests did not materialize significantly enough to place the Indiana Statehouse in peril. However, lawmakers lost a full week of work for legislative activity. At this point, it is not expected that lawmakers will extend session to recapture this lost time. As a result, lawmakers now have just three full weeks left for committee work before deadlines will kill bills that did not move out of committee.

The vast majority of bills that were scheduled for committee hearings last week have been rescheduled for this week. It is expected that the following two weeks will be extremely active as well, as lawmakers will hurry to move priority bills out of committee. The IMBA will continue to monitor a number of different bills for committee activity.


BILLS TO WATCH

SB 247 – Deceptive Consumer Sales Act

Sen. Ron Alting (R-Lafayette)

Why it matters
Senate Bill 247 is a significant expansion of the damages, and scope, of the Indiana Deceptive Consumer Sales Act. The bill increases the damages from $500 to $2,000 per violation, and from a limit of $1,000 to $6,000 for a “willful” deceptive act. In addition, the bill makes an award of attorney fees against the violator mandatory, as opposed to permissive, by the court and eliminates the requirement that these attorney fees bear any resemblance to the actual work performed by the plaintiff’s counsel. The bill also removes real estate leases from the previously exempt category of real estate transactions currently in the code. The IMBA has significant concerns about the direction of this bill.

Latest action
The bill was assigned to the Senate Judiciary Committee. To date, it has not been scheduled for a hearing.

Learn more about SB 247


SB 1 & HB 1002 – Civil Immunity Related to COVID-19

Sen. Mark Messmer (R-Jasper)

Rep. Jerry Torr (R-Carmel)

Why it matters
This is a broadly applied immunity bill for COVID-19 liability supported by a coalition of business trades and other individual entities. The House also has a bill that creates immunity from COVID-19 liability-related lawsuits. SB 1 differs from the House version of immunity in application, as SB 1 is more premise-based regarding immunity. The IMBA supports the general approach to provide immunity to businesses from COVID-19-related lawsuits.

Latest action

SB 1 was amended to include product liability language and was passed by the Senate Judiciary Committee by a vote of 8-3 on Jan. 13. HB 1002 was heard in the House Judiciary Committee on Jan. 12 and is scheduled for amend and vote on Jan. 25.

Learn more about SB 1

Learn more about HB 1002


HB 1056 – Recording Requirements

Rep. Jerry Torr (R-Carmel)

Why it matters

This bill is the “fix” to the second witness requirement to record instruments that arose from the interpretation of language change “or” to “and” in SEA 340 from the 2020 session. House Bill 1056 also retroactively applies the language to all instruments recorded after July 1, 2020. The IMBA is in support of the legislation.

Latest action
The House Judiciary Committee heard HB 1056 on Jan. 6. The IMBA was present and testified in support of the legislation. The bill was heard on second reading on Jan. 14. It now awaits a full third reading vote expected to take place on Jan. 26.

Learn more about HB 1056


HB 1219 – Various Housing Matters

Rep. Ed Clere (R-New Albany)

Why it matters
The bill aims to place greater regulations on land contracts for purposes of businesses which engage in more than four land contracts at once. Exempted from the application of these new regulations are depository institutions, first-lien mortgage lenders and subsidiaries of a first-lien mortgage lender. This will make various changes to landlord tenant relations. The IMBA worked to exempt financial institutions and mortgage lenders from the application of this bill.

Latest action
The bill was assigned to the House Judiciary Committee and is currently awaiting a hearing.

Learn more about HB 1219


HB 1314 – Recorded Discriminatory Covenants

Rep. Jerry Torr (R-Carmel)

Why it matters
Permits a person to file a statement or notice that a recorded discriminatory covenant is invalid and unenforceable. The IMBA supports the legislation.

Latest action
The bill was assigned to the House Judiciary Committee and is scheduled for a hearing on Jan. 25.

Learn more about HB 1314


Contact Us:

@ Indiana Mortgage Bankers Association

19359 Alpine Drive

Lawrenceburg, IN  47025

Office: (812) 537-1003

Email: ExecDir@IndianaMBA.org

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