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  • March 03, 2021 11:00 AM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    The Indiana General Assembly marked the halfway point last week with third-reading deadlines for both the House and Senate. Bills that did not progress beyond this key deadline are now considered dead for purposes of the 2021 legislative session. A total of 1,031 bills and joint resolutions were introduced at the beginning of session, of which 316 have passed third-reading and will now move on the second half of session.

    Next week marks the start of the second half of session with committee work resuming and continuing through early April. The IMBA Legislative Team will continue to work on legislation throughout the second half of session and will be monitoring a number of legislative proposals for potential changes detrimental to the industry.


    BILLS TO WATCH

    HEA 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. The bill also retroactively applies the language to all instruments recorded after July 1, 2020. This was a priority bill for the IMBA.

    Latest action
    The bill was signed by the Gov. Eric Holcomb on Feb. 18. Signed as an emergency declared act, it is now law in Indiana.

    Learn more about HB 1056


    SEA 1 – Civil Immunity Related to COVID-19

    Sen. Mark Messmer (R-Jasper)

    Why it matters
    SB 1 is a broadly applied immunity bill for COVID-19 liability supported by a coalition of business trades and other individual entities. SB 1 is a premise-based regarding immunity and outlines civil immunity from COVID-19 liability for businesses. The IMBA supports the general approach to provide immunity to businesses from COVID-19-related lawsuits and considered this a priority bill.

    Latest action
    Gov. Holcomb signed SEA 1 into law on Feb. 18. The bill was effective upon signage, immediately becoming Indiana law.

    Learn more about SB 1


    SB 197 – Criminal Law Issues

    Sen. Michael Young (R-Indianapolis)

    Why it matters

    This omnibus criminal law matters bill consolidates Indiana’s fraud statutes, including those against a financial institution, into a board definition. The IMBA previously worked with the author to make technical changes to the language to ensure that the language in SB 197 continues to provide Indiana’s prosecutors the same, if not better, tools in enforcing penalties on those who commit crimes against financial institutions. The IMBA Legislative Team continues to monitor this legislation.

    Latest action:

    The bill passed the Senate by a vote of 45-0 and is now eligible for consideration by the House.

    Learn more about SB 197


    SB 346 – Financial Institutions and Consumer Credit

    Sen. Eric Bassler (R-Washington)

    Why it matters

    For purposes of the statutes governing (1) first-lien mortgage transactions, (2) the Uniform Consumer Credit Code and (3) financial institutions; changes references to federal laws within those statutes from federal laws as in effect on Dec. 31, 2019, to federal laws as in effect on Dec. 31, 2020. Amends the statute concerning loans made by credit unions to their members to eliminate certain requirements with respect to loans secured by real estate. Amends the definition of “check” for purposes of the statute governing licensed cashers of checks to remove a reference to a “personal money order.” SB 346 is the annual bill of the Indiana Department of Financial Institutions, which every year suggests changes to law that it deems necessary, based primarily on findings from examiners. The IMBA supports the legislation.

    Latest action

    The bill passed the Senate by a vote of 47-0 and is now eligible for consideration by the House.

    Learn more about SB 346


    HB 1001 – State Budget

    Rep. Tim Brown (R-Crawfordsville)

    Why it matters

    Because the state budget bill often includes legislative changes that fall outside the usual scope of appropriations for operation of the state government, it is prudent to monitor the state budget for any notable provisions to the financial services industry. The bill routinely changes multiple times before it is signed into law, but there are currently several changes the IMBA is reviewing. Those changes include the expansion of the state Venture Capital Investment Tax Credit program and the creation of a new Next Level Regional Recovery Fund, among others.

    Latest action

    The bill passed third-reading 60-35 in the House on Feb. 22. It has been assigned to the Senate Appropriations Committee.

    Learn more about HB 1001


    HB 1255 – Probate and Property Matters

    Rep. John Young (R-Franklin)

    Why it matters
    This bill from the Indiana Bar Association makes various changes to wills, powers of attorney, trust, conveyances and county recorders. Notably, the bill also attempts to fix the second witness issue created from the passage of SEA 340 from last session. The bill additionally places requirements on county government to accept and record electronic documents.

    Latest action
    HB 1255 passed third-reading by a vote of 95-1 in the House on Feb. 1. The bill is scheduled for a hearing in the Senate Judiciary Committee for March 3.

    Learn more about HB 1255


    HB 1314 – Recorded Discriminatory Covenants

    Rep. Jerry Torr (R-Carmel)

    Why it matters
    The bill makes an important change in creating a process to repeal an existing discriminatory covenant.

    Latest action
    The bill passed the House by a vote of 95-0. The bill is scheduled for a hearing in the Senate Judiciary Committee for March 3.

    Learn more about HB 1314


    HB 1377 – Bureau of Motor Vehicles

    Rep. Peggy Mayfield (R-Martinsville)

    Why it matters

    Among the changes this bill makes related to the Bureau of Motor Vehicles is a provision that creates a new version of the Indiana license that excludes the holder’s address. The no-address driver’s license would be optional and available at the request of the individual. This would place new burdens on the individual holding a no-address driver’s license related to securing certain banking products, as well as engagement in other activities.

    Latest action

    The bill was never called down for a third-reading vote and as a result is now dead.

    Learn more about HB 1377


    HB 1498 – Publication of Local Government Notices

    Rep. Doug Miller (R-Elkhart)

    Why it matters

    Allows a political subdivision to publish legal notices on a legal notice website instead of in a newspaper. Establishes requirements regarding availability and accessibility of a legal notice website. Requires a political subdivision to designate an official responsible for the electronic publication of legal notices, if the political subdivision publishes legal notices electronically. Provides that if a political subdivision does not have an official website, legal notices may be published on an official website of the county government. Establishes requirements for the duration of the posting of a legal notice and proof of posting. Provides that a towing service acting as an agent of a government agency that provides the notice required to dispose of abandoned vehicles or parts is subject to the same public notice advertising rates as a governmental agency. Publishing legal notices for actions such as sheriff’s sales in newspapers can be costly and are generally passed along to property owners and incurred by lenders. The new process provided in the bill could save costs related to publishing legal notices. The IMBA supports creating more options for publishing legal notices.

    Latest action

    HB 1498 failed a third-reading vote based on a lack of a constitutional majority vote. The bill was never brought back for another vote on third-reading and is now dead.

    Learn more about HB 1498


  • February 23, 2021 12:18 PM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    Last week, with just a few days left until the halfway point of the 2021 legislative session, committee work concluded for the Indiana House and Senate. Last week also saw two bills signed into law by Gov. Eric Holcomb, both impacting the Indiana banking community.

    Gov. Holcomb signed into law HEA 1056, the recording fix that resulted from legislation in the 2020 legislative session, as well as SEA 1, the COVID-19 liability immunity bill. Both bills were priority legislation for the IMBA and, because they were enacted under emergency declaration, they became effective upon signature by the governor and are now officially Indiana law.

    The upcoming week will set the stage for the second half of session and will require bills to pass third reading in order for them to be eligible for the second half. The IMBA Legislative Team continues to engage on important issues, some of which are highlighted below.


    BILLS TO WATCH

    HEA 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. The bill also retroactively applies the language to all instruments recorded after July 1, 2020. This was a priority bill for the IMBA.

    Latest action
    Gov. Holcomb signed HEA 1056 into law on Thursday, Feb. 18. The bill was effective upon signage and immediately became Indiana law.

    Learn more about HB 1056


    SEA 1 – Civil Immunity Related to COVID-19

    Sen. Mark Messmer (R-Jasper)

    Why it matters
    SB 1 is a broadly applied immunity bill for COVID-19 liability supported by a coalition of business trades and other individual entities. SB 1 is a premise-based regarding immunity and outlines civil immunity from COVID-19 liability for businesses. The IMBA supports the general approach to provide immunity to businesses from COVID-19-related lawsuits and considered this a priority bill.

    Latest action
    Gov. Holcomb signed SEA 1 into law Thursday, Feb. 18. The bill was effective upon signage and immediately became Indiana law.

    Learn more about SB 1


    HB 1095 – Trespassing and Aggressive Harassment

    Rep. Justin Moed (D-Indianapolis)

    Why it matters

    Establishes the Low Barrier Homeless Task Force. Provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is designated by a municipality or county enforcement authority to be an unsafe building or premises; or (2) the person knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property has been designated by a municipality or county enforcement authority to be an unsafe building or premises; unless the person has the written permission of the owner, the owner’s agent, an enforcement authority or a court to come onto the property for purposes of performing maintenance, repair or demolition. Provides that an individual who harasses another person with the intent to obtain property from the other person commits aggressive harassment, a Class C misdemeanor. Defines “harasses.” Repeals the chapter concerning panhandling. The IMBA is monitoring this bill.

    Latest action

    The bill passed the House Committee on Courts and Criminal Code by a vote of 11-0 and is now eligible for consideration by the entire House for a third-reading vote.

    Learn more about HB 1095


    HB 1114 – Residential Building Design Elements

    Rep. Doug Miller (R-Elkhart)

    Why it matters

    Prohibits a municipality from regulating design elements of residential structures. Specifies certain exclusions from this prohibition. Provides that any rule, ordinance or other regulation that conflicts with the prohibition is void. Provides that a person aggrieved by a violation of the bill’s provisions may file, in a court having jurisdiction, a petition to obtain an injunction against the violation. The IMBA is monitoring this bill.

    Latest action

    The bill passed the House Committee on Government and Regulatory Reform by a vote of 8-5 and is now eligible for consideration by the entire House for a third-reading vote.

    Learn more about HB 1114


    HB 1498 – Publication of Local Government Notices

    Rep. Doug Miller (R-Elkhart)

    Why it matters

    Allows a political subdivision to publish legal notices on a legal notice website instead of in a newspaper. Establishes requirements regarding availability and accessibility of a legal notice website. Requires a political subdivision to designate an official responsible for the electronic publication of legal notices, if the political subdivision publishes legal notices electronically. Provides that if a political subdivision does not have an official website, legal notices may be published on an official website of the county government. Establishes requirements for the duration of the posting of a legal notice and proof of posting. Provides that a towing service acting as an agent of a government agency that provides the notice required to dispose of abandoned vehicles or parts is subject to the same public notice advertising rates as a governmental agency. Publishing legal notices for actions such as sheriff’s sales in newspapers can be costly and are generally passed along to property owners and incurred by lenders. The new process provided in the bill could save costs related to publishing legal notices. The IMBA supports creating more options for publishing legal notices.

    Latest action

    HB 1498 failed to pass the entire House for a lack of constitutional majority when it was presented for a full third-reading vote. The bill is eligible for another vote to try to reach the constitutional majority of 51 votes.

    Learn more about HB 1498


  • February 16, 2021 1:23 PM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    This past week saw significant committee work from both the Indiana House and Senate, as committees operated under impending timelines requiring them to submit reports by this week. The deadline for committee reports in the House is this Tuesday, Feb. 16, and the Senate deadline is this Thursday, Feb. 18, at which point all committee work for the first half of session must be concluded. The Indiana General Assembly marks a halfway point once third-reading deadlines have been reached in the House and Senate. Those dates are Feb. 22 and Feb. 23, respectively.

    On Monday, Feb. 15, two important bills to the IMBA saw milestone legislative action take place. HB 1056, the bill correcting the confusion surrounding the recording issue from last session’s SEA 340, passed a third-reading vote in the Senate. The bill now moves to the desk of Gov. Eric Holcomb for action. In addition, SB 1, the Senate’s version of legislation addressing civil immunity related to COVID-19, passed a Senate concurrence 39-7 and now also moves to the governor’s desk for action.


    BILLS TO WATCH

    SB 214 – Low-Income Housing

    Sen. Travis Holdman (R-Markle)

    Why it matters

    The bill reinstates provisions that were removed in 2016 that created a property tax exemption for improvements on real property that are constructed, rehabilitated or acquired for the purpose of providing low-income housing. The original bill created a matching state tax credit to supplement the federal section 42 low-income housing tax credit. This language was amended out to include the new verbiage creating the property tax exemption.


    Latest action

    The bill passed the Senate Committee on Tax and Fiscal Policy on Feb. 9 by a vote of 11-0. The bill is now eligible for amendments on second reading.

    Learn more about SB 214


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

    Sen. Mark Messmer (R-Jasper)

    Rep. Jerry Torr (R-Carmel)

    Why it matters
    SB 1 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 passed third reading in the House on Feb. 11 by a vote of 72-21. The Senate filed a motion to concur with the changes in the House on Feb. 15 by a vote of 39-7. The bill will now head to Gov. Holcomb’s desk for consideration. HB 1002 has not been assigned to a Senate committee and is awaiting further action.

    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. The bill also retroactively applies the language to all instruments recorded after July 1, 2020. The IMBA is in support of the legislation.

    Latest action
    The bill passed third reading in the Senate on Feb. 15 by a vote of 45-0. HB 1056 will now head to Gov. Holcomb’s desk for consideration.

    Learn more about HB 1056


    HB 1377 – Bureau of Motor Vehicles

    Rep. Peggy Mayfield (R-Martinsville)

    Why it matters

    Among the changes this bill makes related to the Bureau of Motor Vehicles is a provision that creates a new version of the Indiana license that excludes the holder’s address. The no-address driver’s license would be optional and available at the request of the individual. This would place new burdens on the individual holding a no-address driver’s license related to securing certain banking products, as well as engagement in other activities.

    Latest action

    The bill passed the House Committee on Roads and Transportation by a vote of 10-1. It now is eligible for second-reading amendments.

    Learn more about HB 1377

  • February 08, 2021 12:22 PM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    The past week brought significant legislative activity at the Indiana Statehouse. Lawmakers have quickened the pace after a slow and cautious start to the 2021 legislative session. A number of bills notable to the Indiana Mortgage Bankers Association were addressed by the process last week including: a bill requiring the transition to a statewide electronic lien and title system (SB 400), a bill to clarify the statute of limitations on deposit accounts (SB 370), a bill to fix the second witness issue from SEA 340 (HB 1056) and the annual bill of the Department of Financial Institutions (SB 346), to name a few.

    Committee chairs have this week and part of next week to hear, amend and vote on any legislation assigned to their committees. Committee report deadlines are next Tuesday, Feb. 16, for the House and next Thursday, Feb. 18, for the Senate. Deadlines for third reading in the House and Senate are Feb. 22 and Feb. 23, respectively. The IMBA Legislative Team will continue working with bill authors and committee chairs over the coming weeks on legislation that is important to the industry.


    BILLS TO WATCH

    SB 346 – Financial Institutions and Consumer Credit

    Sen. Eric Bassler (R-Washington)

    Why it matters

    For purposes of the statutes governing (1) first-lien mortgage transactions, (2) the Uniform Consumer Credit Code and (3) financial institutions; changes references to federal laws within those statutes from federal laws as in effect on Dec. 31, 2019, to federal laws as in effect on Dec. 31, 2020. Amends the statute concerning loans made by credit unions to their members to eliminate certain requirements with respect to loans secured by real estate. Amends the definition of “check” for purposes of the statute governing licensed cashers of checks to remove a reference to a “personal money order.” SB 346 is the annual bill of the Indiana Department of Financial Institutions, which every year suggests changes to law that it deems necessary, based primarily on findings from examiners. The IMBA supports the legislation.

    Latest action

    The bill was heard in the Senate Committee on Insurance and Financial Institutions and passed by a vote of 8-0.

    Learn more about SB 346


    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 passed the House Committee on Judiciary on Feb. 2 and will not be considered before the entire House. HB 1002 was passed by a vote of 76-21 and will now be considered by the Senate.

    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 Senate Committee on Judiciary passed HB 1056 on Feb. 4, and the bill will soon be heard by the entire Senate for consideration. The bill is effective upon passage. Once the bill passes the Senate and is signed by Gov. Eric Holcomb, it will become law immediately, instead of on the usual effective date of July 1.

    Learn more about HB 1056


    HB 1255 – Probate and Property Matters

    Rep. John Young (R-Franklin)

    Why it matters
    This bill comes from the Indiana Bar Association and makes various changes to wills, powers of attorney, trust, conveyances and county recorders. Notably, the bill also attempts to fix the second witness issue created from the passage of SEA 340 from last session. The bill also places requirements on county government to accept and record electronic documents.

    Latest action
    The bill passed the House by a vote of 95-1 and is now eligible for committee consideration by the Senate.

    Learn more about HB 1255


    HB 1314 – Recorded Discriminatory Covenants

    Rep. Jerry Torr (R-Carmel)

    Why it matters
    The bill makes an important change in creating a process to repeal an existing discriminatory covenant.

    Latest action
    The bill passed the House by a vote of 95-0 and is now eligible for committee consideration by the Senate.

    Learn more about HB 1314


    HB 1498 – Publication of Local Government Notices

    Rep. Doug Miller (R-Elkhart)

    Why it matters

    Allows a political subdivision to publish legal notices on a legal notice website instead of in a newspaper. Establishes requirements regarding availability and accessibility of a legal notice website. Requires a political subdivision to designate an official responsible for the electronic publication of legal notices, if the political subdivision publishes legal notices electronically. Provides that if a political subdivision does not have an official website, legal notices may be published on an official website of the county government. Establishes requirements for the duration of the posting of a legal notice and proof of posting. Provides that a towing service acting as an agent of a government agency that provides the notice required to dispose of abandoned vehicles or parts is subject to the same public notice advertising rates as a governmental agency. Publishing legal notices for actions such as sheriff’s sales in newspapers can be costly and are generally passed along to property owners and incurred by lenders. The new process provided in the bill could save costs related to publishing legal notices. The IMBA supports creating more options for publishing legal notices.

    Latest action

    HB 1498 passed the House Committee on Government and Regulatory Reform on Feb. 2 and is now eligible for consideration by the entire House.

    Learn more about HB 1498


  • February 01, 2021 11:41 AM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    After a week off due to concerns surrounding potential protests at the Indiana Statehouse, lawmakers returned to Indianapolis and promptly resumed their work. This week the legislative calendar was packed with a full slate of committee hearings. As the calendar flips to February, committees will have roughly two weeks to pass bills in order to keep them alive for consideration for the remainder of session.

    Several bills important to the banking industry saw action this week. Arguably, HB 1056 is the most impactful bill to date. HB 1056, which fixes the issues that arose last summer requiring a second witness to proof documents for recording, passed the House unanimously, 95-0. Because of its significance, the Senate Judiciary Committee is scheduled to hear HB 1056 on Wednesday, Feb. 3. The goal is to pass the bill quickly and move it to the desk of Gov. Eric Holcomb to be signed into law. HB 1056 would be effective upon the governor’s signature, providing needed relief for the industry.

    With the clock winding down on committee work before bills flip to the opposite chamber, the next two weeks will be extremely active and fast-paced. The IMBA Legislative Team continues to engage on important issues, some of which are highlighted below.


    BILLS TO WATCH

    SB 346 – Financial Institutions and Consumer Credit

    Sen. Eric Bassler (R-Washington)

    Why it matters

    For purposes of the statutes governing (1) first-lien mortgage transactions, (2) the Uniform Consumer Credit Code and (3) financial institutions; changes references to federal laws within those statutes from federal laws as in effect on Dec. 31, 2019, to federal laws as in effect on Dec. 31, 2020.Amends the statute concerning loans made by credit unions to their members to eliminate certain requirements with respect to loans secured by real estate. Amends the definition of “check” for purposes of the statute governing licensed cashers of checks to remove a reference to a “personal money order.” SB 346 is the annual bill of the Indiana Department of Financial Institutions, which every year suggests changes to law that it deems necessary, based primarily on findings from examiners. The IMBA supports the legislation.

    Latest action

    The bill was assigned to the Senate Committee on Insurance and Financial Institutions and is scheduled for a hearing on Wednesday, Feb. 3.

    Learn more about SB 346


    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 passed third reading on Jan. 28 by a vote of 40-8. HB 1002 was heard on second reading on Jan. 28 and is awaiting a full third-reading vote.

    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 third reading on Jan. 26 and passed 95-0. Sen. Brown has been named the sponsor in the Senate. The bill has been scheduled for a hearing in the Senate Judiciary Committee on Feb. 3.

    Learn more about HB 1056


    HB 1255 – Probate and Property Matters

    Rep. John Young (R-Franklin)

    Why it matters
    This bill comes from the Indiana Bar Association and makes various changes to wills, powers of attorney, trust, conveyances and county recorders. Notably, the bill also attempts to fix the second witness issue created from the passage of SEA 340 from last session. The bill also places requirements on county government to accept and record electronic documents.

    Latest action
    The bill was passed out of the House Judiciary Committee on Jan. 25.

    Learn more about HB 1255


    HB 1314 – Recorded Discriminatory Covenants

    Rep. Jerry Torr (R-Carmel)

    Why it matters
    The bill makes an important change in creating a process to repeal an existing discriminatory covenant.

    Latest action
    The bill was passed out of the House Judiciary Committee on Jan. 26.

    Learn more about HB 1314

  • 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

  • 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

  • January 13, 2021 12:06 PM | Wendy Bayley (Administrator)

    STATEHOUSE SUMMARY

    The Indiana General Assembly opened the 2021 session on Monday, Jan. 4. It has been a slow start, due to precautions implemented by both chambers to mitigate pandemic risk. For example, the House is currently restricting its meeting days to Thursdays only, and all committees – both House and Senate – have limited opportunity to host meetings because of space restrictions. The slowed pace will likely continue at least through the next few weeks as lawmakers adapt to continued risks.

    Significantly, the first two committee hearings of session heard key bills important to the Indiana banking community. The House Judiciary Committee met to hear, and ultimately pass, House Bill 1056. This bill fixes the second-witness issue created from Senate Enrolled Act 340 from the 2020 session. The Senate Judiciary Committee met to hear Senate Bill 1, the Senate’s version of business immunity from COVID-19 liability lawsuits. The IMBA supports both of these key bills, which are time-sensitive and a priority for many lawmakers.

    The IMBA Legislative Team continues to review bills as they are introduced, and we expect a significant number to be released over the coming weeks. Stayed tuned to upcoming Insighter as we preview legislation that is of significance to our industry.


    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 and is currently awaiting a hearing.

    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
    SB 1 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 heard in the Senate Judiciary Committee on Jan. 6, where the committee took testimony and held the bill. The IMBA was present and testified in support of the legislation. The bill has been rescheduled for a hearing on Jan. 13. HB 1002 is scheduled for a hearing in the House Judiciary Committee on Jan. 12.

    Learn more about SB 1

    Learn more about HB 1002


    HB 1038 – Septic System Inspection Before Property Transfer

    Rep. Mike Aylesworth (R-Hebron)

    Why it matters
    Provides that if a dwelling is connected to a residential onsite sewage system, the residential onsite sewage system must be inspected by a qualified inspector and mitigated completely before a property can be transferred. The IMBA is concerned about the impact this bill would have on the transfer of property and creates new challenges in the real estate marketplace.

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

    Learn more about HB 1038


    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. The bill also retroactively applies the language to all instruments recorded after July 1, 2020. The IMBA is in support of the legislation.

    Latest action
    The bill was heard in the House Judiciary Committee on Jan. 6. The IMBA was present and testified in support of the legislation. A technical amendment was added, and the committee passed the bill with unanimous support.

    Learn more about HB 1056


  • July 22, 2020 5:29 PM | Wendy Bayley (Administrator)

    The 2020 General Assembly concluded and a summary of legislation the IMBA was engaged with that passed, as well as those bills that did not, is available to download here.

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