The Senate Family and Children Committee heard SB 564, authored by Sen. Zakas and Sen. Grooms, originally on changing the waiting period for dissolution of marriage. The bill was amended by consent of the Committee to assign the topic to an appropriate study committee. The bill passed as amended, 7-1.
The House Courts and Criminal Code Committee heard HB 1304 on various criminal law issues authored by Reps. McMillin and Steuerwald. Rep. McMillin introduced an amendment incorporating a number of changes to the original legislation. The bill with amendments reads as follows:
- includes the amendment adopted last week permitting the use of Vivitrol for substance abuse, alcohol or opioid abuse treatment;
- includes the amendment adopted last week broadening the definition of runaway to include leaving a specific location designated by a parent, guardian or custodian in addition to leaving home without consent;
- requires the Criminal Justice Institute to collect and analyze data concerning permissive and presumptive juvenile waivers from juvenile courts, in addition to direct file cases;
- amends the forensic diversion program to permit participation by adults with an “autism spectrum disorder” and/or “intellectual disability” both pre and post conviction;
- allows diversion and deferral fees to be used to fund mental health treatment in a prosecutorial diversion program. Permits a prosecutor to require an individual to receive mental health treatment services for any criminal offense (previously limited to felonies);
- permits a court to advise an individual convicted of a criminal offense that the individual may be placed on probation if the individual requests and is accepted for drug or alcohol abuse treatment by DMHA, subject to any mandatory minimum sentence imposed on the individual;
- authorizes individuals to seek voluntary treatment from DMHA for drug abuse and authorizes the involuntary commitment to DMHA of individuals who are alcoholics, incapacitated by alcohol or drug abusers;
- increases the minimum age a child can be charged with murder if committed by an adult and be waived from 10 to 12 years of age;
- increases the minimum age a child shall be waived from 16 to 17 years of age under Ind. Code § 31-30-3-5;
- requires law enforcement agencies to record custodial interrogations of juveniles, except in schools if it would impair the administration of school functions, and prohibits the shackling of juveniles in court unless the court has determined the juvenile is dangerous or potentially dangerous;
- permits a county auditor to seek reimbursement for the expenses of juvenile defense counsel from the Public Defender Commission for 100% of the county’s expenditures;
- repeals a court’s authority to place a repeat runaway or truant in secure detention and removes the authority to hold a runaway 24 hours (excluding Saturdays, Sundays and non-judicial days) before and after a detention hearing;
- permits a problem-solving court to require an individual to receive addiction counseling, inpatient detoxification and medication assisted treatment including Vivitrol as a condition of problem solving court participation;
- authorizes a court to appoint a special advocate to assist persons with intellectual disability or autism spectrum disorder who has been charged with a criminal offense;
- permits a person to receive, as a condition of probation or parole, to receive addiction counseling, inpatient detoxification and medication assisted treatment including Vivitrol; and,
- permits a court to suspend a nonsuspendible sentence of a habitual offender during the time the offender is participating in a court approved substance abuse treatment program, and allows the time spent in the program to be deducted from the offender’s additional fixed term of imprisonment if the program is successfully completed.
The amended bill passed 12-0.[Permalink]
The Senate Judiciary Committee heard Sen. Bray’s SB 507 on attorney and judicial discipline complaints. This bill permits a prosecuting attorney and a public defender to seek reimbursement from the State Tort Claim Fund for reasonable attorney’s fees incurred in defending against a claim of attorney misconduct if the alleged misconduct relates to the person’s official duties or status as a prosecuting attorney or public defender, the claim of misconduct does not result in a sanction, and the Attorney General approves the reimbursement. The bill was amended to change that reimbursement comes out of the State General Fund. Representatives from the Indiana Prosecuting Attorneys Council and the Indiana Public Defenders Council testified in favor of the bill. The Committee further amended the bill to remove “private reprimand.” The amended bill passed 9-0.
The Senate Judiciary Committee heard Sen. R. Michael Young’s SB 523 on the Marion County Small Claims courts. This bill replaces the existing Marion county township small claims court system with a county-wide small claims court system having nine divisions and only three townships can hear debt collection cases. It also provides that the judges of the small claims court shall be elected in a county-wide election, and that a division of the Marion county small claims court shall be located in each township. The bill passed 9-0.
The House Judiciary Committee heard HB 1131 concerning exemption of military reservists from jury duty authored by Rep. Hamm and Rep. Saunders. Rep. Hamm presented the bill that provides an exemption from jury service for individuals on reserve duty while on military orders. Representatives of the Veterans Coalition of Indiana, the Disabled Veterans Association, gave supporting testimony, and a reservist testified that the bill was necessary to correct an oversight in the law. The bill passed 8-0.[Permalink]
The Senate Civil Law Committee heard SB 56, authored by Sen. Steele and Sen. Bray, on authorizing the establishment of legacy trust and prescribing the procedures for establishing one. This bill provides that a protective provision in a legacy trust prevents a creditor of the settlor from satisfying a claim from the settlor’s interest in the trust estate when the settlor is also a beneficiary of the trust. It also bars most claims against a legacy trust and permits claims against a legacy trust for certain fraudulent transfers, to enforce certain child support orders, and to enforce certain orders for the division of property with respect to a dissolution of marriage or a legal separation. The bill provides immunity to the trustees and advisers of legacy trusts and the professionals involved in establishing legacy trusts and that the rule against perpetuities does not apply to legacy trusts. The bill was amended to change the statute of limitations to four years and add a 6 months’ notice of transfer. Another amendment allows for electronic messages and notice. The amended bill passed 4-3.[Permalink]
This is the fifth weekly installment of the Legislative Update for the 2015 legislative session. If you are interested in reading the text of any bill introduced this session, you may find all of the bill information here.
This week the Senate and House committees heard the following bills of interest to the judiciary:[Permalink]
The Senate Labor and Pensions Committee heard Sen. Randolph’s SB 133, on protective orders and employment, providing that an employer cannot deny unemployment benefits based on the filing of a protection order. Section 1 was deleted by a voice vote of the committee. The second section of the bill passed, prohibiting an employer from discriminating against an employee, including termination of employment, based on the filing of a protection order. The legislation permits an employee who was discriminated against in violation of this statute to bring a civil action against the employer. A representative of the AFL-CIO supported the bill as amended as did the Indiana Coalition Against Domestic Violence. The Indiana Manufacturer’s Association objected to the new private cause of action created in the legislation, as did the Indiana Chamber of Commerce. The bill passed as amended, 7-4.
The Senate Civil Law Committee heard Sen. Messmer’s SB 361, on defense to liability concerning propane suppliers. This bill provides that the seller, supplier, handler, or transporter of liquefied petroleum gas that was used in liquefied petroleum gas equipment or a liquefied petroleum gas appliance, involved in causing bodily injury or property damage has an assumed risk affirmative defense. The bill passed 5-1.
The Senate Civil Law Committee heard Sen. Zakas’ SB 524 on tax deeds and conveyance documents. A representative of the Indiana Land Title Association explained that this bill provides that when a county auditor sends out certain notices for a tax sale by certified mail, the notices must be sent by certified mail, return receipt requested. It also requires that a verified petition for a tax deed to real property acquired in a tax sale must include copies of various notices sent by the petitioner, copies of certified mail receipts, copies of certified mail return receipts, and evidence used by the petitioner to ascertain the owner of property and any other persons with a substantial property interest of public record in the property. This bill provides that a tax deed is not prima facie evidence of the validity of a tax sale, if the petitioner for the tax deed fails to include with the petition the copies of notices, copies of mailing receipts, and copies or descriptions of the evidence used to ascertain the owner and other persons having a substantial property interest of public record in the property. Provides that a mortgage that does not comply with certain filing requirements is validly recorded, regardless of when the mortgage is recorded. Representatives from the Probate, Trust, Real Property Division of the Indiana State Bar Association and from Indiana Land Title Association testified in favor of the bill. A technical amendment was adopted by consent. The amended bill passed 8-0.
The House Judiciary heard HB 1358, concerning garnishment of tax refunds, authored by Reps. Cox, Steurwald, DeLaney, and Dermody. This legislation provides that if a debt has been reduced to a judgment in Indiana and the judgment has not been satisfied, set aside, or discharged in bankruptcy, the judgment creditor may garnish a state tax refund otherwise due to the debtor. Further, it specifies the procedures that the judgment creditor must follow in obtaining the garnishment from the Department of State Revenue, and allows a writ of garnishment to be electronically filed with the Department of State Revenue. A representative from the United Way wanted to ensure the bill follows the Fair Debt Collection Act provisions, and a representative from the creditors bar testified in support of the bill. Rep. Cox introduced an amendment requiring the writ of notice to be electronically sent to the Department of State Revenue. The amendment was adopted by consent, and the bill passed 7-0.
The House Judiciary heard HB 1469 concerning wage payment and wage assignment, authored by Rep. Ober. This bill provides that an employer who fails to make timely payment of wages or withholds wages in bad faith, may, in addition to the wages due, pay liquidated damages, court costs, and a reasonable fee for the employee’s attorney. It provides that an employee may assign wages for: (1) the purchase, rental, or use of uniforms or equipment necessary to fulfill the duties of employment; (2) reimbursement for education or employee skills training; (3) an advance for payroll or vacation pay; and (4) meals eaten by the employee at a location provided by the employer. Rep. Ober introduced an amendment addressing when an employer fails to make payment of wages in bad faith, the employer is liable for triple damages, and a establishing wage assignment cap of $2,500 for uniform purchases. The amendment passed by consent and the bill passed 6-1.[Permalink]
The Senate Corrections and Criminal Law Committee heard Sen. Tomes’ SB 285 on inmate correspondence. This bill provides that the DOC shall provide, without charge, an inmate with a reasonable method and opportunity for correspondence, and shall permit an inmate to purchase additional opportunities for correspondence, such as email. Sen. Tomes testified that more correspondence with family is thought to reduce recidivism and that email will be easier to monitor. An employee and former employee of DOC testified against the bill because most inmates’ families do not have email, and this would decrease access to sending mail. The amendment allows inmates to choose a method of communication other than mail. The amended bill passed 9-1.
The Corrections and Criminal Law Committee heard SB 313 regarding the definition of “sexual conduct” authored by Sen. Head. This bill expands the definition of “sexual conduct” (IC 35-42-4-4(a)(4)) by including the exhibition of a female breast for the purposes of the law on child exploitation and child pornography. Sen. Head testified that this portion of the definition was inadvertently removed in the 2014 criminal code revisions. The Prosecuting Attorneys Council testified in support of the bill. The Motion Picture Association of America brought issues of concern with the current statutory language and the bill to the Committee’s attention. The bill passed 9-0.
The Senate Corrections and Criminal Law Committee heard Sen. Broden’s SB 363, on child molesting. This bill defines “dangerous sexually transmitted disease” and increases the penalty for child molesting from a Level 3 felony to a Level 1 felony if the offense results in the transmission of a dangerous sexually transmitted disease. An amendment adopted by consent denies guardianship to anyone that commits a Level 1 or 2 felony. Testimony was heard from someone whose son was infected with a sexually transmitted disease by a sexual molester. A representative of the Indiana Prosecuting Attorneys Council testified in support. The amended bill passed 10-0.
The Corrections and Criminal Law Committee heard SB 532 authored by Sen. Head on human trafficking and indecent nuisances. The bill expands the definition of “indecent nuisances” (IC 32-30-7-1) to include a public place in or upon which human trafficking is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose. The bill also specifies that 50% of the money and property confiscated under this law shall be distributed to the county general fund and 50% deposited in a new fund, the human trafficking collections account, administered by the jurisdiction’s prosecuting attorney’s office. The human trafficking collections account funds shall be used for: (1) human trafficking victim services, (2) law enforcement investigations concerning human trafficking, and (3) human trafficking prevention programs provided by community based organizations, within the county. The bill was held for further discussion.
The House Public Health Committee heard HB 1269 on mental health matters authored by Reps. Clere and Steuerwald. This bill addresses a number of mental health issues including: (1) authorizing the DOC or jail to serve as a representative of inmates for the purposes of applying for Medicaid eligibility, (2) requiring the DOC or jail to assist inmates to apply for Medicaid prior to release from incarceration, (3) requiring a person who is arrested and taken into custody to be assessed by a qualified and licensed mental health or addictions professional to determine if the person has a mental illness or substance addiction, establishing required reporting of assessment results and providing for re-assessments until release, and (4) appropriating $22,000,000 to the forensic diversion account on an annual basis and providing that this account is established to fund the custodial assessments following arrest. Extensive testimony was heard in support of this bill from the Association of Community Mental Health Centers, Mental Health America of Indiana, Recovering Kids and Families, the Office of the Attorney General and the Prescription Drug Task Force, Indiana Sheriff’s Association, Indiana Minority Health Coalition, Children’s Coalition of Indiana, Indiana School Counselor Association and Universal Health Services. The bill was held for further discussion.
The House Public Health Committee heard HB 1448 authored by Reps. Davisson and Clere pertaining to mental health drugs and coverage. The bill includes inpatient substance abuse detoxification services as a Medicaid service. The bill also prohibits the Office of Medicaid Policy and Planning from requiring prior authorization for a non-addictive medication assistance treatment drug prescribed for the treatment of substance abuse. The bill also requires the Indiana Judicial Center to provide judges, the Prosecuting Attorneys Council to provide prosecutors and the Public Defenders Council to provide public defenders with information and training concerning diversion programs or other probationary programs available for individuals with an addictive disorder, including information on medication assisted treatment within these programs. Testimony was heard in support of the bill from the Association of Community Mental Health Centers, a practitioner, Indiana School of Medicine, Indiana Psychological Association, the Office of the Attorney General and the Prescription Drug Task Force, and Mental Health America of Indiana. The bill passed 13-0.
The House Public Health Committee heard HB 1449 authored by Reps. Davisson and C. Brown on opioid treatment programs in community mental health centers. This bill authorizes certified community mental health centers to operate opioid treatment (Methadone) programs. Testimony in support of the bill was heard from the Association of Community Mental Health Centers, Midtown Community Mental Health Center, and the Office of the Attorney General and the Prescription Drug Task Force. The bill passed 13-0.[Permalink]
The Senate Family and Children Services Committee heard SB 364, concerning Department of Child Service Reporting, authored by Sen. Broden and Sen. Grooms. The chair presented the bill, which amends the definition of “near fatality” for confidential records purposes involving such cases. The new definition means a severe childhood injury or condition that results in a child receiving critical care for at least 24 hours following admission to a critical care unit. An amendment was presented to maintain the confidentiality of police records in a near fatality investigation and adopted by consent. The Department of Child Services testified regarding some concerns with the proposed amended definition and its expansion of covered cases. The current definition is consistent with the federal definition and carries specific reporting requirements for the state. If the definition conflicts with federal laws, then funding could be placed in jeopardy. The Indiana Prosecuting Attorneys Council and the Hoosier State Press Association testified in support of the amended bill. The bill was held for further consideration.
The Senate Family and Children Services Committee heard SB 485 concerning psychiatric crisis intervention authored by Sens. Crider and Becker. The bill amends the date for FSSA to report on comprehensive psychiatric crisis intervention services and requires DMHA to establish a psychiatric crisis intervention pilot program in at least 3 locations in rural and urban areas. DMHA is also responsible for evaluating the pilot programs based on recidivism, sustainability, resource investment, cost effectiveness, clinical outcomes, ability to provide 24-hour walk-in crisis services, and ability to provide mental health and substance use disorder inpatient services. The bill also requests appropriations for these programs. Those testifying in favor included: Executive VP of Behavioral Health with Community Health Network; doctor and Director of Operations for Community Health Network; Criminal Justice Director for NAMI; Indiana Community Mental Health Center Network; Mental Health America of Indiana; VP Indiana Hospital Association; and the Indiana Psychological Association. The bill passed 6-0 and was recommitted to the Appropriations Committee.
The Senate Family and Children Services Committee heard Sen. Zakas’ SB 564 concerning the waiting period for dissolution of marriage. The bill extends the waiting period to 180 days for a final hearing if there are children of the marriage that are less than 17 years old, and extends the waiting period to 120 days if an objection to the dissolution is filed by either party. The bill maintains the 60-day waiting period if either party to the dissolution matter asserts that the other party engaged in domestic violence against the petitioning party or the party’s child. An amendment was adopted by consent that would require the assertion of domestic violence to be made under oath or affirmation and the asserted violence could be against either party to the dissolution in addition to the children. After taking supporting testimony and hearing the concerns from the Indiana State Bar Association Family and Juvenile Law section, the bill was held for further consideration until the next meeting.
The House Judiciary heard HB 1196 concerning CHINS and delinquent child dual jurisdiction. Author Rep. McNamara presented the legislation requiring the intake officer to screen for a dual jurisdiction child. The Committee adopted an amendment outlining the dual jurisdiction process and clarifying the process could be utilized both before and after adjudication. Once screened, the court decides if the juvenile should be fully assessed as a dual jurisdiction child. The dual jurisdiction assessment team would recommend to the court services and supervision for the child. The court would then determine the lead agency (DCS or probation) for the child. Judge Mary Willis, President of the Indiana Council of Juvenile and Family Court Judges, spoke in favor of the bill. She gave examples when it would be useful and noted it embraced the vision and builds on the JDAI initiative. Judge Charles Pratt, Co-Chair of the Dual Jurisdiction Task Force, Commission on Improving the Status of Children also spoke in favor of the legislation and noted it is based on national reform models already in existence. The program coordinates services for both CHINS and delinquents. Larry Landis, Indiana Public Defender’s Council and David Powell, Indiana Prosecuting Attorney’s Council also spoke in favor of the bill. The bill passed as amended, 8-0.
The House Courts and Criminal Code Committee heard HB 1304 on various criminal law issues for juveniles. Since Representative McMillin was still working on additional amendments, only two of the four of the amendments heard the previous week were adopted by consent of the committee. The amendment permitting use of Vivitrol and the amendment broadening the definition of “runaway” to include leaving a specific location designated by a parent, guardian or custodian in addition to leaving home without consent were adopted by voice vote. The bill was held for further amendment.[Permalink]
The Senate Judiciary Committee heard SB 90 concerning address confidentiality authored and presented by Sen. Steele. The bill was amended by the Committee and includes judicial officers within the definition of a law enforcement official for purposes of these provisions to allow law enforcement officials the ability to require public agencies, via an application, to keep the official’s home address confidential, provides limited exceptions to permit address disclosure, permits the official to substitute a P.O. Box on documents issued by the public agency, provides for the expiration of such applications. After taking supporting testimony on the amended bill from Indiana State Police and Indiana Prosecuting Attorneys Association, the bill passed as amended 8-0.
The Senate Judiciary Committee heard SB 150 authored by Sen. Lanane creating an additional Madison circuit court magistrate. Madison Circuit Court Judges Clem and Happe testified to the need for an additional judicial officer to handle the circuit court’s workload. Sen. Tallian offered an amendment adding a magistrate position to the Porter Circuit Court. The amendment was adopted by consent. Both magistrate positions were approved by the Interim Study Committee on Courts and the Judiciary. The amended bill passed 8-0.
The Senate Judiciary Committee heard SB 292 concerning St. Joseph County courts authored and presented by Sen. Zakas. The bill adds additional magistrates for the circuit court and superior court. The Committee adopted an amendment by consent to section 1 of the bill to provide that political affiliation could not be considered in appointing the magistrates. Judge Jenny Pitts Manier, St. Joseph Superior Court, testified in support of the bill, which the Committee passed as amended 8-0.
The Senate Judiciary Committee also heard SB 409 concerning court fees authored and presented by Sen. Merritt. The bill reinstates the mortgage foreclosure counseling and education court fee of $50 until July 1, 2017. Elizabeth Dalton, Division of State Court Administration, testified in support and explained to the Committee how a portion of these fees provide court facilitators. After receiving other supporting testimony, the Committee passed the bill 8-0.
The Senate Judiciary Committee heard SB 547 on veterans and courts. Author Sen. Zakas testified that the bill makes appropriations to the Indiana Judicial Center to assist in the development of veterans’ courts statewide. The bill also authorizes (1) veterans’ courts to accept individuals from another county, (2) mandates the establishment of a veterans’ court in each judicial district, (3) requires the Judicial Conference of Indiana Board of Directors to adopt rules governing the transfer of veterans among jurisdictions for the purposes of participation in a veterans’ court, (4) requires designated state agencies to seek funding for veterans’ courts, and (5) authorizes courts to consider as a mitigating factor that an individual convicted of a crime is a veteran who has certain conditions that favor suspending the sentence. Jane Seigel, Executive Director, and Mary Kay Hudson, Director of Court Services, of the Indiana Judicial Center provided the Committee with the current status of veterans’ courts in Indiana. Madison Circuit Court Judge Clem, the Indiana Bar Association, the Military and Veterans Coalition of Indiana and the Disabled American Veterans testified in support of the bill. The bill passed 8-0.
The House Courts and Criminal Code Committee heard Rep. Richardson’s HB 1373 on circuit court clerks. This bill requires a fee for filing a petition with a court for the expungement of a person’s record of arrest or conviction. It also requires a person who requests a circuit court clerk to send an additional mailing by registered or certified mail to provide an addressed envelope with postage prepaid, the United States Postal Service forms for registered or certified mail, and the United States Postal Service fee for service by registered or certified mail. The bill provides that any fees collected by the circuit court clerk for preparing a transcript or copy of a record are deposited in the clerk’s records perpetuation fund (instead of the county general fund). Clerks representing the Clerks’ Association testified in support of the bill. The bill passed 12-0.
The House Courts and Criminal Code Committee heard HB 1425, authored by Rep. McMillin and Rep. Steuerwald, on court fees. The automated record keeping fee is currently $7, but will decrease to $5 on July 1, 2015. This bill increases the automated record keeping fee collected after June 30, 2015 to $9. This bill also provides that 100% of the automated record keeping fee is distributed to the Auditor of State for deposit in the state user fee fund. This bill also increases the document storage fee from $2 to $4. Justice David and Judge Mathias testified about the importance of funding court technology, and that $9 is a necessary fee. Henry County Judge Mary Willis testified about the importance of Odyssey. County Clerks Association testified against the bill because of the how the fee is divided between counties. The owner of Doxpop, a private sector vendor, echoed the County Clerks Association’s viewpoint. CSI, another private sector vendor, testified about working with the State to connect data and that it is important that this bill move forward. Although the need for amendment was discussed, no amendments were heard. The bill passed 10-1 and was recommitted to Ways and Means.[Permalink]
This is the fourth weekly installment of the Legislative Update for the 2015 legislative session. If you are interested in reading the text of any bill introduced this session, you may find all of the bill information here.
This week the Senate and House committees heard the following bills of interest to the judiciary:[Permalink]
The Civil Law Committee heard SB 127 authored by Sen. Holdman on religious exemption in state and local contracts. The bill provides that any state and local contract with a religious-based organization executed after June 30, 2015, must include a provision authorizing the religious-based organization to give employment preference to individuals of a particular religion or to require all employees or applicants to conform with the organization’s religious tenets to the extent authorized under Title VII the Civil Rights Act of 1964. An amendment was adopted by consent making the bill requirements applicable to contracts with foreign corporations. The Indiana Catholic Conference testified in support of the bill. The amended bill passed 7-0.
The Civil Law Committee heard SB 211 authored by Sen. Patricia Miller on debt collection. The bill was prepared at the request of Attorney General Zoeller amending the deceptive consumer sales statutes to further consumer protection efforts. A representative from the Office of the Attorney General testified that the bill (1) defines “debt buyer;” (2) enhances the debt collector’s required disclosures to the debtor; and (3) raises the penalties for abusive collection practices to authorize a maximum of $25,000 for each violation (maximum penalty per violation per consumer remains $1,000). An amendment was adopted by consent clarifying the required disclosure provisions. The Indiana Association for Community Economic Development and the Indiana Banker’s Association testified in support of the bill. The Indiana Creditors Bar Association and the Indiana Collectors Association testified in opposition to the bill. The amended bill passed 8-0.
The Civil Law Committee heard SB 282 pertaining to unclaimed property and savings bonds authored by Sen. Walker. A representative of the Attorney General’s Office summarized the bill. The bill authorizes the Attorney General to process unclaimed savings bonds held for more than 20 years as unclaimed property. The bill also authorizes the Attorney General to claim unclaimed savings bonds held by the federal government if the bond was purchased in Indiana or held by an Indiana resident. The bill passed 8-0.
The Civil Law Committee heard SB 524 authored by Sen. Zakas on tax deeds and conveyance documents. This bill makes various changes to property tax statutes when real property is sold because of delinquent taxes. The bill requires certain notices involving tax sales to be sent by certified mail, return receipt requested. The bill also requires petitions for tax deeds to be verified by attaching documentation of all the petitioner’s efforts to send the statutorily required notices. Finally, the bill makes the safe harbor provision for technical deficiencies in mortgage deeds applicable regardless of when the deed was filed (current law applies the safe harbor provision only to deeds filed in 2007 and 2008). The bill was held for further review.
The House Judiciary Committee heard HB 1045, concerning recreational facility immunity. Author Rep. Morrison introduced this legislation, explaining that it applies to postsecondary educational institutions and specifies the duties and responsibilities of the users and operators of their recreational facilities. The bill establishes a complete defense to a civil action for operators who comply with those duties and responsibilities. He explained several of the new rules regarding posting signage for communicating rules at the facilities for users, as well as expectations of operators regarding maintenance and code compliance. Testifying in favor of the bill were representatives from: Independent Colleges of Indiana; Indiana State University; and, the Insurance Institute of Indiana. An amendment was introduced deleting the requirement that a supervisor must be on duty for every 175 users, and requiring only a supervisor be on duty when the facility is open. The amendment was adopted by consent, and the bill passed as amended 11-0.
The House Judiciary Committee heard HB 1456, establishing the servicemembers civil relief act, authored by Reps. Zent, Moseley, and Carbaugh. The Indiana SCRA supplements protections for servicemembers provided for under the federal SCRA. Generally, the Indiana SCRA provides servicemembers rights and protections regarding consumer transactions, contracts, and contracts with specific service providers (such as internet servicers, satellite radio services, and television services). Rep. Zent introduced an amendment addressing concerns expressed after last week’s testimony on the bill, and to ensure they duplicated the protections of existing federal law as much as possible. The amendment requires the Indiana National Guard to provide a list on its internet site that is searchable to determine whether an individual is on active duty for at least 30 days, as required by state law. It also requires the Guard to provide eligible members and dependents a list of state and federal rights they have under the servicemember civil relief acts. The amendment also provides that the Office of the Attorney General may bring a civil action against a person who knowingly and intentionally violates a provision of the act. Testimony was received in favor of the bill by the Office of the Indiana Attorney General. The amendment was adopted by consent, and the bill passed as amended 10-0.[Permalink]