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Indiana State Legislative Update January 22, 2021

January 22, 2021 8:00 AM | Wendy Bayley (Administrator)

STATEHOUSE SUMMARY

The second week of the 2021 legislative session ended with an announcement from Gov. Eric Holcomb that, out of an abundance of caution, the state government complex will be closed to the public Tuesday and Wednesday due to recent national events, threats to other state capitols and COVID-19 restrictions. The closure means that there will be no committee hearings or session Monday, Tuesday or Wednesday.

Week two consisted of considerable committee work hearing many bills of interest to the financial services industry. Of note, the House Judiciary Committee heard House Bill 1002, the House version of business immunity from COVID-19 liability lawsuits. The committee planned to amend and vote on the bill, but will have to wait until next week because of the closure of the Statehouse. The Senate Judiciary Committee heard SB 188, which attempts to completely rewrite the state’s unclaimed property law. The IMBA testified on SB 188, expressing concerns with the sweeping changes. The committee plans to amend and vote on the bill after return from break.

Over 1,000 bills have been introduced this session. The IMBA Legislative Team is still reviewing all the bills to determine their impact on the industry. Following are some of the bills already flagged by the IMBA.


BILLS TO WATCH

SB 74 – Workplace Immunization Prohibition
Sen. Dennis Kruse (R-Auburn)

Why it matters
There has been much discussion recently regarding whether businesses can lawfully require their employees to be vaccinated for COVID-19. The bill would prohibit, as a condition of employment, requiring employees to be vaccinated for COVID-19 if the immunization is medically contraindicated, or potentially harmful for the employee because of current health conditions. The bill would also prohibit the requirement to be immunized based on an employee’s or prospective employee’s religious beliefs or conscious.

Latest action
The bill was assigned to the Senate Committee on Pensions and Labor, where it was given a hearing last week. After a lengthy debate, the bill was held for further consideration.

Learn more about SB 74


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 held for an amend and vote during a subsequent committee hearing.

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. 21.

Learn more about HB 1056


HB 1219 – Various Housing Matters

Rep. Edward 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 is monitoring this legislation.

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

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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