Civil Law

April 10, 2013 | Category: Civil

The House Judiciary Committee heard SB 279, sponsored by Rep. Steuerwald, eliminating a provision that non-named parties in foreclosure actions who have an interest in the property subject to a mortgage foreclosure action are bound by the court’s judgment in the foreclosure action as if they had been parties to the foreclosure action. This bill also limits the post-sale redemption rights of certain omitted parties. The Indiana Bankers Association testified in favor of the bill. The bill passed, 9-0.

Civil Law

April 5, 2013 | Category: Civil

The House Courts and Criminal Code Committee heard SB 400, sponsored by Rep. McMillin, prohibiting state actors to aid in enforcing unconstitutional laws. This bill is aimed at the National Defense Authorization Act that allows indefinite detention without trial. Rep. McMillin introduced an amendment, and an amendment to the amendment; however, neither were called to a vote. The Indiana State Police, Indiana Fraternal Order of Police, Indiana Association of Chiefs of Police, and the Indiana Sheriffs’ Association testified in opposition to the bill as it stands, but stated they were not against the bill if it was amended. No vote was taken.

Civil Law

March 28, 2013 | Category: Civil

The House Judiciary Committee heard SB 117, sponsored by Rep. DeVon, limiting ice skating rink liability at a postsecondary educational institution. This bill states that the operator of an ice skating rink who fulfills the operator’s duties and responsibilities has a complete defense to a civil action. Representatives from the University of Notre Dame testified in favor of the bill. A technical amendment was accepted by consent. The bill passed, 9-0.

The House Judiciary Committee heard SB 382, sponsored by Rep. Neese, creating the Senior Consumer Protection Act.  The bill was amended to exclude exploitation of a senior consumer in relation to securities fraud that is regulated by the Secretary of State’s office. The amended bill passed, 6-1.

The Senate Committee on Civil Law heard HB 1372, sponsored by Sen. Zakas and Sen. Becker, on knowledge imputed to real estate brokers. The bill provides that information concerning defects in a property that is contained in transaction records maintained by a brokerage may not be imputed to a broker or affiliated licensee of the brokerage and bars a civil action against a broker or licensee for failure to disclose a defect if the action is based on imputed knowledge. The Committee amended the bill to remove the language that a broker may be held to have imputed knowledge of adverse material facts or risk for failing to disclose the same upon inquiry from the buyer. The amended bill passed, 7-0.

Civil Law

March 22, 2013 | Category: Civil

The Senate Civil Law Committee heard HB 1027, sponsored by Sen. Merritt and Sen. Lanane, providing civil immunity for services in emergency to a registered architect, land surveyor, or professional engineer who provides, without compensation, professional services related to a declared emergency. The bill was amended to include coverage for “assessing” damage. The amended bill passed, 10-0.

The Senate Civil Law Committee heard HB 1159, sponsored by Sen. Pete Miller and Sen. Merritt, limiting liability for use of school facilities that provide community use for physical fitness activities. The bill was amended so that the Indiana Tort Claims Act would cover charter schools. The American Heart Association, Indiana Minority Health Coalition, and Indiana University Health testified in support of the bill. Indiana Trial Lawyers Association expressed concern over the amendment, and the Committee agreed that more work may need to be done for second reading. The amended bill passed, 9-0.

The Senate Civil Law Committee heard HB 1372, sponsored by Sen. Zakas, on knowledge imputed to real estate brokers. The bill provides that information concerning defects in a property that is contained in transaction records maintained by a brokerage may not be imputed to a broker or affiliated licensee of the brokerage and bars a civil action against a broker or licensee for failure to disclose a defect if the action is based on imputed knowledge. The Committee amended the bill to specify that defects contained records of prior transactions may not be imputed to the real estate broker and to specify that the buyer may not invalidate a transaction due to his failure to sign a seller’s disclosure that has been received or acknowledged by the buyer. The bill was held for further amendment.

The Senate Civil Law Committee heard HB 1519, sponsored by Sen. Walker, limiting liability for donations of agricultural products and livestock. This bill adds agricultural products and livestock to the items for which a person, who in good faith donates the item to a charitable entity, is not liable for civil damages unless the damages are the result of that person’s intentional, knowing, or reckless misconduct. It also provides that a charitable entity that in good faith receives a gift of a food item, an agricultural product, or livestock is not liable for civil damages arising from its use, condition, quality, or content unless the damages are the result of that entity’s intentional, knowing, or reckless misconduct. The bill was amended to include coverage for poultry and eggs. Feeding Indiana’s Hungry and Indiana Farm Bureau testified in support of the bill. The amended bill passed, 10-0.

The Senate Corrections and Criminal Law Committee heard HB 1376, sponsored by Sen. Steele, on various privacy issues. The bill creates a new B misdemeanor for placing a telephone call in a way that makes the recipient’s caller ID system indicate the call was placed with someone else’s phone number. It was heard last week but held for Attorney General amendments. An amendment was adopted providing that if the Attorney General brings a civil enforcement action against an “id spoofer” and proves by a preponderance that a violation was committed knowingly or intentionally, a penalty up to $ 10,000 may be imposed per violation and deposited in the AG’s consumer protection division telephone solicitation fund established by Ind. Code § 24-4.7-3-6.  The bill passed as amended, 7-0.

Civil Law

March 15, 2013 | Category: Civil

The House Judiciary Committee heard SB 382, the creating the Senior Consumer Protection Act. Author Sen. Lanane presented the bill and explained that the bill was requested by the Attorney General’s office to address issues that do not fit into the protection order statute or consumer fraud statutes. The statute would allow a senior to bring an action against a person for financial exploitation and would allow the attorney general to bring an action to enjoin an alleged commission of financial exploitation of a senior consumer. The Indiana Attorney General’s Office, the Indiana Association of Area Agencies on Aging, the Indiana Grocery and Convenience Association, and the Indiana Chamber of Commerce testified in support of the bill. The Committee amended the bill by consent and held the bill for a vote at the next meeting.

The Senate Corrections and Criminal Law Committee heard HB 1376, sponsored by Sen. Steele, on various privacy issues. Rep. Koch explained that the bill creates a new B misdemeanor for placing a telephone call in a way that makes the recipient’s caller ID system indicate the call was placed with someone else’s phone number. He said that “caller ID spoofing” is frequently used to defraud or trick a call recipient into believing the call is from a friend or reliable institution. The bill also provides for a civil cause of action by a spoofed individual to recover “actual damages,” which Rep. Koch indicated would include attorney fees. The bill was favorably received, but held for an amendments drafted by the Attorney General’s office addressing federal preemption and other issues.

The Senate Judiciary Committee heard HB 1394, sponsored by Sen. Head and Sen. Steele, regarding various business law matters. This bill makes changes to required Secretary of State business entity filings, limited liability company law as well as makes technical corrections to various business entity matters. An individual representing the Indiana Bar Association and the Business Law Commission explained each provision of the bill. The bill passed, 8-0.

Civil Law

March 8, 2013 | Category: Civil

The Senate Judiciary Committee heard HB 1054, sponsored by Sen. Wyss and Sen. Lanane, regarding secretary of state filings and recordings. This bill allows the Secretary of State to refuse to accept certain financing statements and provides that if a person believes a financing statement is fraudulent the person can file a motion for judicial review. If the court finds the statement fraudulent, the court can award to the prevailing party all costs related to the review, declare the financing statement as ineffective, and order the office possessing the financing statement to terminate or purge the statement. The Secretary of State’s office testified in favor of the bill. The bill passed, 6-0.

Civil Law

March 1, 2013 | Category: Civil, Mid-Session Chart

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 117 Ice skating rink liability 1/10/13 Do Pass –A

2/12/13 Do Pass

 2/14/13 Engrossed 2/18/13 Passed 44-5 DeVon
SB 133 Statute of limitations on enforcement of judgments 1/17/13 Do Pass 1/22/13 Engrossed 1/24/13 Passed 43-4 Smaltz
SB 277 Methamphetamine vehicle information disclosure 1/29/13 Do Pass 2/11/13 Engrossed –A 2/12/13 Passed 47-1 Speedy
SB 279 Nonnamed parties in foreclosure actions 2/12/13 Do Pass 2/18/13 Engrossed –A 2/19/13 Passed 48-1 Steuerwald
SB 311 Petition for name change 1/29/13 Do Pass –A 1/31/13 Engrossed 2/4/13 Passed 47-2 Steuerwald
SB 382 Senior consumer protection act 2/12/13 Do Pass 2/18/13 Engrossed –A 2/19/13 Passed 49-0 Neese
SB 460 Foreign law 2/21/13 Do Pass 2/25/13 Engrossed 2/26/13 Passed 45-5 Ober
HB 1027 Civil immunity for services in emergency 2/5/13 Do Pass –A 2/7/13 Engrossed –A 2/11/13 Passed 93-0 Merritt, Lanane
HB 1054 Secretary of state filings and recordings 1/15/13 Do Pass –A 1/17/13 Engrossed 1/22/13 Passed 96-0 Wyss, Lanane
HB 1159 Liability for use of school facilities 2/12/13 Do Pass –A 2/18/13 Engrossed 2/19/13 Passed 92-3 Pete Miller, Merritt
HB 1308 Mortgage foreclosure counseling and education fee 2/5/13 Do Pass –A 2/7/13 Engrossed 2/11/13 Passed 85-11 Holdman
HB 1372 Knowledge imputed to real estate broker 2/12/13 Do Pass –A 2/14/13 Engrossed 2/18/13 Passed 98-0 Zakas
HB 1376 Various privacy issues 2/5/13 Do Pass –A 2/7/13 Engrossed 2/11/13 Passed 96-0 Steele
HB 1394 Various business law matters 2/18/13 Do Pass –A 2/20/13 Engrossed 2/25/13 Passed 94-0 Head, Steele

Civil Law

February 22, 2013 | Category: Civil

The Senate Judiciary Committee heard Sen. Waterman’s SB 460 on foreign law. This bill prohibits the enforcement of a law, rule, or legal code or system established and used outside the jurisdiction of the United States if the enforcement would violate a right granted by the Constitution of the State of Indiana or the Constitution of the United States.  This bill also provides that a provision in a contract or agreement that calls for the application of foreign law is void if the provision cannot be modified, unless the contract explicitly states that it will be interpreted in accordance with foreign law. It also prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. The bill passed, 6-1.

The House Judiciary Committee heard HB 1394, authored by Rep. Steuerwald and Rep. Koch, on various business law matters. This bill makes various changes to provisions concerning corporations, partnerships, limited partnerships, nonprofit corporations, and limited liability companies. An amendment taken by consent makes various technical changes.  The amended bill passed, 9-0.

Civil Law

February 15, 2013 | Category: Civil

The Senate Civil Law Committee heard SB 117, authored by Sen. Zakas and Sen. Broden, on ice skating rink liability at postsecondary educational institutions. This bill states that if the operator fulfills the operator’s duties and responsibilities then an ice skating rink has a complete defense to a civil action. The University of Notre Dame testified in support of the bill. The bill passed, 9-0.

The Senate Civil Law Committee heard Sen. Zakas’s SB 279 on non-named parties in foreclosure actions. This bill is meant to clean up issues arising from last year’s mortgage foreclosure legislation by eliminating a provision that parties who have an interest in the property subject to a mortgage foreclosure action, but who are not named in the foreclosure action, are bound by the court’s judgment in the foreclosure action as if they had been parties to the foreclosure action. The bill additionally limits the post-sale redemption rights of certain omitted parties. The bill passed, 9-0.

The Senate Civil Law Committee heard Sen. Lanane’s SB 382, creating the Senior Consumer Protection Act. This bill creates a cause of action against a person that commits financial exploitation of a senior consumer who knowingly and by deception or intimidation obtains control over the property of a senior consumer or illegally uses the assets or resources of a senior consumer. This bill also amends the Deceptive Practices Act to refer to a “senior consumer” instead of an “elder consumer.” The Attorney General’s Office testified in favor of the bill. The Association of Indiana Life Insurance Companies testified in support of the intent of the bill, but stated that the bill is overbroad and that this behavior is already regulated. The Indiana Chamber of Commerce is neutral to the bill, but also expressed concern about double-regulation and the penalties. The bill passed, 10-0.

The House Judiciary Committee heard Rep. Huston’s HB 1159 on liability for use of school facilities. The bill limits the liability of a public school or an accredited nonpublic school that provides physical fitness activities to the general public. The Committee amended the bill to make clear that the bill is intended to cover community use of school physical fitness facilities and does not apply to school employees or students who use school facilities in the course of employment or official school functions. The bill passed as amended, 7-6.

The House Judiciary Committee heard HB 1372, Rep. Truitt’s bill on knowledge imputed to real estate broker. The bill provides that information concerning defects in a property that is contained in transaction records maintained by a brokerage may not be imputed to a broker or affiliated licensee of the brokerage and bars a civil action against a broker or licensee for failure to disclose a defect if the action is based on imputed knowledge. The Committee amended the bill to specify that defects  contained records of prior transactions may not be imputed to the real estate broker and to specify that the buyer may not invalidate a transaction due to his failure to sign a seller’s disclosure that has been received or acknowledged by the buyer. A representative of Keller Williams Real Estate and the Indiana Association of Realtors testified in support of the bill. The bill passed as amended, 10-1.

Civil Law

February 8, 2013 | Category: Civil

The House Judiciary Committee heard Rep. Messmer’s HB 1027 providing civil immunity for services in emergency. This “good Samaritan” bill includes registered architects and professional engineers providing, without compensation, professional services related to a state-declared emergency. The Committee amended the bill to include land surveyors and removed hurricanes from the emergencies included. The Indiana Society of Land Surveyors, the American Consulting Engineers Council, and the American Institute of Architects testified in support of the bill. The amended bill passed, 11-0.

The House Judiciary Committee heard Rep. Burton’s HB 1308 on collecting a mortgage foreclosure counseling and education fee. This bill continues the requirement that the court’s clerk collect a $50 mortgage foreclosure counseling and education fee from a party filing for mortgage foreclose. The fee would be deposited in a home ownership education account to pay for mortgage foreclosure counselors. The Committee amended the bill to include a two-year sunset. David Remondini and Elizabeth Daulton of Division of State Court Administration testified in support of the bill. The amended bill passed, 8-2.

The House Judiciary Committee heard Rep. Koch’s HB 1376 on various privacy issues. Rep. Koch amended the bill to limit the changes to telephone caller identification services and the Public Licensing Agency (PLA). The amended bill provides that a person shall not knowingly and with the intent to defraud, cause harm, or wrongfully obtain anything of value, cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber in Indiana. A violation of the caller identification law is a Class B misdemeanor; and a deceptive act actionable by the Attorney General. A subsequent violation is a Class A misdemeanor. The bill also provides a cause of action for damages and injunctive relief for any person aggrieved by a violation. Additionally, the amended bill prohibits the PLA or a board administered by the PLA from disclosing to the public personal information of an individual who applies for or holds a license, certificate, registration, or permit issued by a board, or is a member of a board administered by the PLA; subject to certain exceptions specified by law.  AT&T, the Hoosier State Press Association, the Indiana Professional Licensing Agency, and the Indiana Coalition Against Domestic Violence testified in support. The amended bill passed, 10-0.