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Legislators with BillsLegislators(200)
Referred Bills (688)
Code publication.
Homeowners association governance.
Foreign agent registration, foreign terrorist organizations, and foreign adversaries.
Family and children matters.
Immigration matters.
Various probate matters.
Military protective order.
Civil rights commission.
Various judicial matters.
Homeowners association matters.
Adoption and foster care matters.
Children in need of services.
Constitutional amendment ballot language.
Appraiser statute of limitations.
Technical corrections.
Constitutional amendment ballot question.
Permissible unsupervised activity.
Constitutional amendment concerning bail.
Causes of action and damages.
Foreign adversaries.
Administrative rulemaking.
Self-service storage facilities.
Garnishment.
Uniform Antitrust Pre-merger Notification Act.
Grandparent visitation.
Article V convention of the states compact.
Funding of prosecuting attorney operations.
Civil liability for child sexual abuse material.
Anatomical gifts.
Preemption of local regulation.
Landlord-tenant matters.
Privacy protections in public institutions.
Commercial property services contracts.
Involuntary substance use disorder treatment.
Domestic violence reports.
Eviction task force.
Minor access to social media.
Judicial immunity concerning electronic monitoring.
Arrest power.
The attorney general and amicus curiae briefs.
Maximum practical parenting time.
Stay of certain eviction actions against veterans.
Liability connected with off-road vehicle use.
Repair of residential rental properties.
Family reunification.
Uniform recognition of Canadian protection orders.
False or fraudulent deeds and affidavits.
Prohibition on lien for medical debt.
Impeachment of a judge or prosecutor.
Family recovery court fund.
Various immigration matters.
Protection of property rights.
Code publication.
Unlawful discrimination.
General legislative matters.
Required disclosures and access of foreign media.
Eviction issues.
Juvenile law matters.
Property matters.
Emergency possessory orders.
Juvenile justice matters.
Various property matters.
Parental rights.
Pro bono legal services fee.
Various agency administrative procedures.
Adult protective services.
Various probate matters.
Article V convention.
State comptroller.
Child custody orders.
Civil legal aid fund.
Technical corrections.
Various immigration matters.
Terms of members of Congress.
Marion County small claims fees.
Minor access and use of social media.
Foreign interests.
Court appointed counsel for certain minors.
Funding for family recovery courts.
Suspension of prosecuting attorney.
Irretrievable breakdown of marriage.
Affirming that the American Dream belongs to all of us.
Social media use by minors.
Real estate land contracts.
Marijuana advertising.
Children in need of services.
Tax sale deeds.
Juvenile court matters.
Office of administrative law proceedings.
Review of administrative and judicial rules.
The attorney general and amicus curiae briefs.
Health care rights.
Various civil law matters.
Qualified immunity for elected state officers.
False or fraudulent deeds and affidavits.
Anatomical gifts.
Landlord-tenant matters.
Causes of action.
Rent escrow.
Bed bug remediation in rental units.
Display of political signs on certain properties.
Prohibited discriminatory practices.
Landlord pet policies.
Homeowners association governance.
Initiatives and referendums.
Adoption for abandoned infants.
Marijuana advertising.
Uniform recognition of Canadian protection orders.
Joint custody.
Pension garnishment for restitution.
Repair of residential rental properties.
Joint child custody.
Antisemitism.
Qualified real property orders.
Limited liability for obstacle course operators.
Rental rate increase control.
Tax sale procedures.
Maximum practical parenting time.
Protection of property rights.
Prohibited causes of action concerning firearms.
Attorney's fees.
Various probate matters.
Code publication amendments.
Guardians ad litem in adoption pilot program.
Age verification for material harmful to minors.
Publication of public notices.
Legislative notaries.
Administrative law.
Civil proceeding advance payment contracts and commercial litigation financing.
Citizenship and immigration status.
Technical corrections.
Family and juvenile law matters.
Residential real estate service agreements.
Rule against perpetuities.
Unlicensed real estate solicitors.
Courts for children three years of age and younger in need of services.
Administrative rulemaking.
Terms of US Senators and members of Congress.
Administrative rules.
Service on interbranch commissions.
Child in need of services.
Age verification.
Parent-child relationship.
Age verification for material harmful to minors.
Representation of qualified foster children.
Juvenile victims of human trafficking.
Limitations on interests of foreign countries.
Age verification for material harmful to minors.
CHINS and TPR proceedings.
Age verification for material harmful to minors.
The attorney general and amicus curiae briefs.
Real estate land contracts.
Tax sale procedures.
Child sexually abusive materials.
Social media use by minors.
Maximum practical parenting time.
Elimination of certain gender specific terms.
Administrative proceedings for unfair practices.
Gender based terms.
Landlord pet policies.
Concurrent jurisdiction of juvenile court.
Passenger restraint systems.
Prohibition on lien for medical debt.
Joint custody.
Membership of the general assembly.
Ballot initiatives.
Gold and silver as legal tender.
Delinquency proceedings.
Causes of action.
Makes Indiana Code publication amendments.
Corrections and clarifications.
Privacy protections for nonprofit organizations.
Adverse possession statute of limitations.
Unclaimed property matters.
Consumer data protection.
Enforcement of deceptive consumer sales act.
Court ordered expenses.
Immunity for escort of a banned person.
Gubernatorial line of succession.
Termination of parental rights.
Various probate and trust matters.
Tax sales.
Self-service storage facilities.
Adoptions.
Machine guns.
Separation of siblings in child placement.
Paternity actions.
Civil proceeding advance payment contracts.
Sale of tax delinquent real property.
Cause of action concerning restraint of trade.
Technical corrections.
Limitation of liability for DCS contractors.
Citizenship and immigration status.
Nonprofit corporations.
Unlicensed real estate solicitor.
Service on interbranch commissions.
Statute of limitation on certain claims.
Nonprofit organizations.
Data security.
Privacy protections for nonprofit organizations.
Child sexually abusive materials.
Membership of the general assembly.
Compensatory damages.
Landlord-tenant relations concerning bed bugs.
Child support enforcement.
Property tax assessment appeals.
Children and lead hazards.
Employment discrimination claims in state court.
Compliance with CHINS dispositional decrees.
Impeachment of prosecutor.
Physical custody and parenting time.
Assisted reproduction and gestational surrogacy.
Real estate land contracts.
Legalization of same sex marriage.
Child placement and permanency.
Enforcement of habitability standards.
Passenger restraint systems.
Legal action involving crimes on private property.
Adoption.
Receiverships.
Methamphetamine manufacturing in residences.
Malicious false reporting.
Recovery in nuisance actions.
Removes the superintendent of public instruction from the list of officeholders who shall discharge the powers and duties of the governor if the office of the governor and lieutenant governor are both vacant. This proposed amendment has not been previously agreed to by a general assembly.
Probate code study commission.
Small estates.
Solvent supervised estates.
Department of child services matters.
Uniform trust decanting act and trustee duties.
Various probate and trust matters.
Residential eviction actions.
Controllable electronic records.
Code publication amendments.
Unlicensed caregiver intervention in juvenile court proceeding.
Agritourism activities.
Homeowners associations and solar power.
Uniform electronic legal material act.
Technical corrections.
Pro bono legal services fee.
De novo judicial review of certain agency actions.
Eminent domain proceedings.
Wrongful death.
Terms of U.S. Senators and Members of Congress. Applies to Congress for a Convention for proposing Amendments under Article V of the United States Constitution to provide limits to the number of terms that an individual may serve in the United States House of Representatives and in the United States Senate.
Description of political subdivisions.
A CONCURRENT RESOLUTION directing the Congress of the United States to propose to the several states an amendment to the United States Constitution concerning the membership of the United States Supreme Court.
Physical custody and parenting time.
Child placement and permanency.
Paternity and child custody actions.
Abusive litigants.
Immunity for escort of a banned person.
Provides that the rights set forth in the Indiana Constitution and the Indiana Code apply to a pre-born child as soon as the pre-born child's mother is aware she is pregnant. This proposed amendment has not been previously agreed to by a general assembly.
Child welfare provider protections.
Protection of life.
Civil forfeiture.
Eminent domain by public utilities.
Uniform public expression protection act.
Liability for emergency medical services.
Passenger restraint systems.
Associational standing for judicial review.
Assisted reproduction and gestational surrogacy.
Probate and guardianship matters.
State and local administration.
Adoption.
Judicial selection in Lake and St. Joseph counties.
Full faith and credit for tribal court orders.
Landlord-tenant relations.
Probate and property matters.
Deceptive lead generation.
Civil immunity related to COVID-19.
Immunity for physician wellness programs.
A CONCURRENT RESOLUTION urging Congress to support democracy and the civilian-led people of Burma.
Carbon credit market, carbon sequestration, and federal mandates.
A CONCURRENT RESOLUTION directing the Congress of the United States to propose to the several states an amendment to the United States Constitution concerning the membership of the United States Supreme Court.
Technical corrections.
Recorded discriminatory covenants.
Office of administrative law proceedings.
Housing matters.
Recording requirements.
A CONCURRENT RESOLUTION directing the Congress of the United States to propose to the several states an amendment to the United States Constitution concerning the membership of the United States Supreme Court.
Required notices to mobile home communities.
Seat belt usage and comparative fault.
Protection of life.
Physical custody and parenting time.
Wage garnishment.
Employment discrimination claims in state court.
Abortion.
Liability for emergency medical services.
Provides that the rights set forth in the Indiana Constitution and the Indiana Code apply to an unborn child as soon as the unborn child's mother is aware that she is pregnant.
Civil immunity related to COVID-19.
Abandoned property in a rented dwelling.
Religious freedom restoration.
Strategic lawsuits against public participation.
Emergency evictions.
Abortion.
Various housing matters.
Rental agreements.
Demolition of unsafe buildings.
Recording requirements.
Child custody and parenting time.
Partition of heirs property.
EMS immunity.
New Harmony and Wabash River bridge authority.
Technical corrections.
Panhandling.
Recovery of litigation expenses.
Full faith and credit for tribal court orders.
Grandparent visitation.
Land contracts.
Liens.
The Lake Michigan shore.
Hemp.
Minimum age to marry.
Emergency evictions.
Uniform partition of heirs property act.
Assisted reproduction and gestational surrogacy.
Marital violence victims.
Religious freedom restoration.
Service animal exclusion from marital property.
Homeowners associations and solar power.
Eminent domain.
Physical custody and parenting time.
Grandparent and great-grandparent rights.
Child custody and parenting time.
Children in need of services.
Deceptive lead generation.
Child placement.
Disclosure of child abuse and neglect reports.
Costs.
Eminent domain.
Changes the age that an individual is eligible for election to the Indiana senate from 25 years of age to 18 years of age. Changes the age that an individual is eligible for election to the Indiana house of representatives from 21 years of age to 18 years of age. Revises obsolete language.
Punitive damages.
Tenant's rights.
Delinquent sewer fees.
Attorney fees.
Admissibility of coverage limits.
Various gaming matters. Authorizes sports wagering at riverboats, racinos, a Vigo County casino, and satellite facilities. Provides for the administration and conduct of sports wagering. Imposes initial and annual fees on a licensed owner, operating agent, vendor, or permit holder conducting sports wagering. Imposes initial and annual licensing fees on vendors conducting sports wagering. Specifies that a vendor contracting with a certificate holder has the same authority to conduct sports wagering as the certificate holder. Provides that the Indiana gaming commission (IGC) may issue a temporary certificate of authority or a temporary license to conduct business under certain circumstances. Requires the IGC to deposit vendor license application fees in the sports wagering fund. Requires the IGC to deposit sports wagering service provider license application fees in the sports wagering fund. Sets forth duties for the IGC concerning: (1) sports wagering; and (2) granting certain gambling licenses. Requires the IGC to adopt administrative rules. Specifies that the IGC may act upon information received from a sports governing body in considering requests to prohibit wagering on particular events or to prohibit making wagers of a particular type. Establishes a sports wagering service provider license. Provides that certain items must be acquired from a person that holds a supplier's license or a sports wagering service provider license. Provides that certain services must be obtained from a person holding a sports wagering service provider license. Specifies that required background checks apply to employees engaged in activities related to sports wagering. Specifies permissible sports wagering wagers. Prohibits wagering on e-sports. Provides the process for withholding delinquent child support from sports wagering winnings. Imposes a sports wagering tax of 9.5% on adjusted gross receipts received from sports wagering. Requires 3.33% of the tax revenue received to be deposited in the addiction services fund. Provides that the Gary riverboat may transfer to an inland location if the licensed owner: (1) submits a request to relocate; and (2) pays a $20,000,000 fee. Caps the maximum number of gambling games that may be offered at a Gary casino. Requires the licensed owner of the relocated Gary casino to pay an additional fee of $20,000,000 if: (1) gaming operations are relocated; and (2) the licensed owner sells or transfers the owner's interest in the owner's license within five years of relocation. Requires the licensed owner of the relocated Gary casino to: (1) offer each employee at the riverboat a similar position at the inland casino; and (2) consider hiring and training individuals laid off from the riverboat in East Chicago before considering other applicants. Provides that if a request to relocate the Gary riverboat is submitted, the IGC shall accept applications and proposals to award an owner's license to operate an inland casino in Vigo County. Requires a license fee for the owner's license to operate in Vigo County in the amount of $5,000,000. Requires the fee for the Vigo County casino license to be deposited in the state general fund. Requires a licensed owner conducting gaming operations in Vigo County to make certain payments to the City of Evansville. Provides that a person may not have an ownership interest in more than six of any combination of: (1) riverboat licenses; and (2) gambling game licenses. Reduces the graduated wagering tax on gambling games at racinos and the wagering tax on gambling games at riverboats. Provides that beginning with state fiscal years after June 30, 2021, a licensed owner or racino may not deduct more than $9,000,000 from adjusted gross receipts from wagering on gambling games. Distributes wagering tax revenue from a riverboat located in a historic hotel district to the West Baden Springs historic hotel preservation and maintenance fund beginning in 2021. Provides that wagering taxes for the Gary relocated casino continue to be imposed as if two riverboats were in operation for four years. Provides that East Chicago, Hammond, and Michigan City may receive supplemental payments from wagering tax distributions that would otherwise be paid to Gary if certain conditions are met. Provides that the IGC shall approve wagering on table games at a racino beginning January 1, 2020. Makes technical corrections and other changes to conform with recent changes to the riverboat law.
Offenses involving critical infrastructure. Repeals the term "key facility" and replaces it with "critical infrastructure facility". Defines "critical infrastructure facility". Provides that a person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits the offense of critical infrastructure facility trespass. Provides that a person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits the offense of critical infrastructure facility mischief. Provides criminal penalties and civil remedies
Various trust matters. Defines "designated representative", "judicial proceeding", and "nonjudicial matter" for purposes of the trust code. Authorizes the establishment of legacy trusts. Prescribes the procedures for establishing a legacy trust and requirements for claims under a legacy trust. Provides that a court shall exercise jurisdiction over a legacy trust or a qualified disposition and adjudicate a case or controversy regarding the legacy trust, if the case or controversy is within the subject matter of the court. Adopts the uniform directed trust act, which allows for the terms of a trust to grant a person other than a trustee power
Fertility fraud and deception. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee.
Harassment and orders for protection. Defines "harassment" for purposes of civil orders for protection. Provides that a person who is a victim of harassment may file a petition for an order for protection against a person who commits harassment, and that a court may issue an order for protection against a person who commits harassment only after notice and a hearing. Provides that a court may impose certain terms and conditions upon a respondent when allowing a petitioner and respondent to occupy the same location. Specifies the powers of magistrates. Makes conforming changes.
Child support. Provides that the duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school. Provides that in order for child support to continue for a child who is: (1) 19 years of age or older; and (2) a full-time student in a secondary school; a parent or guardian of the child must file notice advising the court that the child continues or will continue to be enrolled in secondary school. Specifies requirements for the content and filing of the notice. Provides that if a party to the child support proceeding does not file an objection or request for a hearing within thirty (30) days after the party receives the notice, the court may, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate. Provides that senior prosecuting attorneys include persons employed for at least eight years as a part-time deputy prosecuting attorney. Provides that senior prosecuting attorneys may prosecute criminal nonsupport cases.
Economic development. Provides that the Indiana economic development corporation (IEDC) may renew an enterprise zone that is established in an inactive or closed military base (enterprise zone) for not more than 10 years subject to certain criteria. Provides that a reuse authority, following the expiration of an enterprise zone over which the reuse authority had jurisdiction, may, subject to the approval of the IEDC, certify a business that is located within the boundaries of the enterprise zone for a tax credit, deduction, or exemption that could have been available to the business had the enterprise zone not expired. Provides that a business that is certified by a reuse authority to receive a tax credit, deduction, or exemption must assist the reuse authority in an amount determined by the reuse authority. Provides that a zone business that received a tax credit, deduction, or exemption in an enterprise zone before the phase out of the enterprise zone and claims the tax credit, deduction, or exemption after the phase out must pay to the reuse authority the same fee or amount that the zone business would have paid to the urban enterprise association before the expiration of the enterprise zone. Provides that the IEDC shall make a determination on grants from the twenty-first century research and technology fund (fund) to a district board established in Lafayette or Fort Wayne by September 1 if a district board established in Lafayette or Fort Wayne applies for a grant.
Claims concerning user fees. Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use of a service, and the costs incurred by a political subdivision for providing the service or availability of the service; and (2) that is not excessive in relation to the costs incurred for providing the service. Provides that, in a taxpayer's appeal of a property tax assessment, a taxpayer may not raise any claim related to the legality or constitutionality of: (1) a user fee; (2) any other charge, fee, or rate imposed by a political subdivision; or (3) any tax imposed by a political subdivision other than a property tax. Provides that: (1) all circuit courts; (2) all standard superior courts; and (3) all superior courts that are not standard superior courts; have original and concurrent jurisdiction over claims concerning user fees. Makes a technical correction.
Administrative law judges. Establishes the office of administrative law proceedings (office) within the state personnel department to hear certain administrative proceedings that result in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing. Specifies the administrative proceedings over which the office has jurisdiction. Provides a list of agencies over whose administrative proceedings the administrative law judges from the office do not preside. Provides that the office shall have a director who is responsible for administering the office, hiring administrative law judges, and assigning administrative law judges to administrative proceedings. Makes conforming amendments.
Business services of the secretary of state. Amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public's Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one's spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the secretary of state. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes.
Self-defense, defense of others, and firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Provides immunity for a justified use of force in certain instances. Requires a court to award, in certain instances, reasonable attorney's fees and costs to a defendant when the justified use of force immunity is successfully raised. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the fees for five year licenses beginning July 1, 2020. Makes conforming amendments.
Revised uniform athlete agents act. Makes the following changes to the statute concerning athlete agents to reflect changes made in the Revised Uniform Athlete Agents Act: (1) Amends the definition of "athlete agent". (2) Defines the term "interscholastic sport" and specifies that for purposes of the statute, a "student athlete" includes an individual who engages in an interscholastic sport. (Current law provides that a student athlete includes only individuals engaging in intercollegiate sports.) (3) Requires an applicant for registration as an athlete agent to provide on the applicant's application specified information concerning any means of communicating electronically with the applicant. (4) Recognizes the rights of parents or guardians of a student athlete regarding entering into a contract with an athlete agent, when the student athlete is a minor. (5) Requires an applicant for registration as an athlete agent to provide certain additional information. (6) Requires additional information to be included in an agency contract. (7) Provides for additional requirements when communicating the existence of an agency contract to an educational institution. (8) Allows athlete agents certified in a particular sport by a national association that promotes or regulates intercollegiate athletics, and establishes eligibility standards for participation by a student athlete in the sport, to cover limited expenses of a prospective or enrolled student athlete and the student athlete's family under certain circumstances. (9) Expands criminal liability for athlete agents if the athlete agent encourages an individual to take or assist in taking an unlawful action.
Electronic estate planning. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Provides that, in a contest of two or more wills in one proceeding, the court shall review attorney's fee claims at the conclusion of the will contest, and the award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit certain items into the registry. Requires the administrator of the registry to catalog submitted items in a certain manner. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Provides that restrictions concerning the sale of real estate by an estate executor or administrator for the purpose of defraying the debts or obligations of a decedent are inapplicable in certain instances. Specifies how prima facie evidence of the devolution of real estate title to distributees may be established. Specifies recording requirements for affidavits concerning the devolution of real estate titles. Specifies notice requirements for claims made by the estate recovery unit of the office of Medicaid policy and planning. Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person who: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Voids certain transfers of real property if: (1) the transfer of the real property involves a transfer on death deed; and (2) the transfer of the real estate is not recorded: (A) before the death of the grantor; and (B) with the recorder of deeds in the county where the real property is situated. Defines certain terms. Makes conforming and technical amendments.
Nonconsensual pornography. Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus attorney's fees, court costs, and other relief, including injunctive relief. Establishes criteria to be used by the trier of fact in determining damages. Provides that an interactive computer service may not be liable for disclosing nonconsensual pornography.
Voluntary preventative programs for juveniles. Provides that the Indiana supreme court may establish a two-year pilot program to assist juvenile court judges in five Indiana counties in providing voluntary preventative programs for at-risk children. Requires nonjudicial state agencies to assist the Indiana supreme court in the implementation of the pilot program. Requires the supreme court office of judicial administration to report to the legislative council specified information regarding the pilot program.
Lake Michigan shore zone administrative rules. Defines "Lake Michigan shore zone" as the land between the ordinary high water mark of Lake Michigan and the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Defines "ordinary high water mark". Provides that a Lake Michigan shore zone includes a seawall constructed on the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Authorizes the natural resources commission (commission) to adopt rules concerning: (1) the movement of sand across a Lake Michigan shore zone through natural forces or otherwise and the return of the sand to the Lake Michigan shore; (2) the flow of water, including water from a source on a privately owned lot or tract of land, across a Lake Michigan shore zone; (3) permitting and specifications for any maintenance, construction, or another similar activity in the Lake Michigan shore zone related to beach grooming, sea walls, revetments, secondary erosion control, and retaining walls; and (4) other matters relating to the use of Lake Michigan shore zones. Provides that the rules adopted by the commission supersede an ordinance of a unit of local government, including a zoning ordinance, that is inconsistent with the adopted rules. Provides that a person who goes on the property of another for the purpose of: (1) going to or departing Lake Michigan public trust land: or (2) going to another destination upon leaving Lake Michigan public trust land; does not have assurance that the property is safe for the purpose, and the owner of the property is immune from liability, with certain exceptions, for an injury to a person or property caused by an act or omission of another person using the property.
Technical corrections. Resolves technical conflicts and addresses technical problems in the Indiana Code. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2019 general assembly". Specifies that the title may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered during the 2019 legislative session. Provides the publisher of the Indiana Code with guidance concerning resolution of amend/repeal conflicts between the technical corrections bill and other bills passed during the 2019 legislative session. Specifies that if there is a conflict between a provision in the technical corrections bill and a provision being repealed in another bill, the other bill's repealer is law. (The introduced version of this bill was prepared by the code revision commission.)
Punitive damages. Provides that certain limitations on punitive damages do not apply to civil actions where the defendant has been charged with committing an act of sexual misconduct and the act of sexual misconduct gives rise to the civil action. Raises cap on punitive damages for such claims to $250,000. Provides that 25% of punitive damages awarded will go to the violent crime victims compensation fund and 75% of the punitive damages awarded will be paid to the person to whom the punitive damages were awarded. Provides that the exception to the punitive damages law does not apply to a cause of action brought against an employer whose liability is based solely on the doctrine of respondeat superior.
Right to use Lake Michigan shore for recreation. Defines "Lake Michigan shore" as the land along the edge of Lake Michigan between the water's edge and the ordinary high water mark. Provides that the Lake Michigan shore is held in trust by the state of Indiana for the use of the public. Provides that the department of natural resources (department) has: (1) jurisdiction over the Lake Michigan shore; and (2) the duty to protect the public's exercise of vested public rights in the Lake Michigan shore. Provides that the construction of structures that may extend onto the Lake Michigan shore is subject to regulation and permitting by the department. Provides that the public of Indiana has a vested right to use the Lake Michigan shore for certain recreational activities. Provides that the public of Indiana does not have a right to use the Lake Michigan shore to engage in an activity that: (1) constitutes a public nuisance; or (2) interferes with the exercise by other members of the public of their right to engage in the recreational activities that the public has a right to engage in. Authorizes the department to delegate concurrent authority to a unit of local government to regulate and enforce the right of the public to use the Lake Michigan shore for recreational activities.
Assisted reproduction and gestational surrogacy. Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Increases the maximum amount an ovum donor may be compensated for the donor's recovery time from $4,000 to $6,000. Requires legal counsel to have significant experience in assisted reproduction matters in certain instances. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that the marriage of a gestational surrogate after the execution of a gestational surrogacy agreement does not affect the validity of the gestational surrogacy agreement. Provides that consent from a gestational surrogate's spouse is not required in order for the terms of the gestational surrogacy agreement to be completed or performed. Provides that a person who becomes the spouse of a gestational surrogate after the execution of a gestational surrogacy agreement is not a presumed parent of the resulting child. Provides that if a gestational surrogate initiates divorce proceedings or becomes divorced before the intended parents can establish parentage, the spouse of the gestational surrogate shall not be the presumed parent of a resulting child and shall not be required to sign, or otherwise authenticate, any establishment of parentage documentation required by a court. Provides that certain conditions must be met prior to the issuance of a pre-birth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Defines certain terms. Makes conforming amendments.
Disputes involving homeowners associations. Provides that if either party requests mediation, mediation is mandatory. Provides that if neither party requests mediation, or if mediation is unsuccessful, a claimant may begin legal proceedings. Requires a mediator to be selected by the American Mediation Association. Requires a mediation to be conducted in compliance with the rules and procedures of the American Mediation Association. Makes corresponding amendments to the provisions regarding grievance resolutions involving condominium associations.
Liens. Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Provides that the filing or deposit of a bond discharges the liability of a person served by a lien claimant not less than 30 days after the filing or deposit of a bond. Provides that a contractor or subcontractor may adjudicate the adequacy of a bond in certain instances. Provides that the liability of a person served by a lien claimant may not be discharged while the adequacy of a bond is being adjudicated. Repeals the current statute concerning the filing of an undertaking to discharge a lien. Urges the legislative council to assign to the appropriate interim study committee (committee) the topic of judgment liens. Provides that if the topic of judgment liens is assigned to the appropriate committee, the following topics will be addressed by the committee: (1) The feasability of developing, preparing, and implementing, before January 1, 2021, a plan, protocol, or Internet based system concerning judgments and pending cases. (2) The feasibility of providing, before January 1, 2021, all necessary training and education to clerks of court regarding any plan, protocol, or Internet based system concerning judgments or pending cases. (3) Any other issue or topic relevant to the development and implementation of any plan, protocol, or Internet based system concerning judgments or pending cases. Makes conforming amendments.
Calling for an investigation into whether grounds exist for the impeachment of Attorney General Curtis Hill
Property tax assessment appeals. Repeals a statute requiring the Indiana board of tax review (board) to recommend that parties settle or mediate any case pending before the board if certain conditions are met. Provides that certain burden shifting requirements do not apply if the assessment that is the subject of the review or appeal is based on substantial renovations or new improvements. Provides that "small claim" means an appeal where the parties have elected to proceed under the board's small claims rules. (Current law defines the term as an appeal of a final determination of assessed valuation that does not
Asbestos litigation. Requires certain disclosures regarding asbestos trust claims in civil asbestos actions. Requires a defendant to identify additional trust claims that a defendant believes a plaintiff is eligible for in a written motion (motion). Requires a defendant to disclose, in the defendant's motion, the basis for the defendant's belief that a plaintiff is eligible for an additional trust claim. Prohibits a defendant from filing an additional motion alleging plaintiff eligibility for additional trust claims in certain instances.
Presumption in favor of joint physical custody. Provides that an award of joint legal custody of a child creates a rebuttable presumption in favor of awarding joint physical custody of the child to the individuals who are awarded joint legal custody. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption in favor of joint physical custody. Requires a court that: (1) awards joint legal custody of a child; but (2) does not award joint physical custody of the child to the individuals who are awarded joint legal custody; to cite clear and convincing evidence that awarding joint physical custody to the individuals is unreasonable and not in the best interest of the child. Eliminates a requirement that a court consider agreement between the parties in a custody proceeding to share joint legal custody to be a primary, but not determinative, factor in determining whether awarding joint legal custody is in the best interest of a child.
Workplace discrimination. Expands the definition of "employer", for purposes of civil rights enforcement, to include any person employing one or more persons within the state. (Current law defines "employer" to include any person employing six or more persons within the state.)
Punitive damages. Eliminates the requirement that 75% of a punitive damages award in a civil case be deposited into the violent crime victims compensation fund.
Private representation of public officials. Prohibits a public official who: (1) is sued in the public official's personal capacity and is alleged to have acted outside the scope of the public official's duties; or (2) is charged with a crime unrelated to the public official's duties; from using public funds to pay for private legal counsel. Prohibits the public official from using public funds to pay a judgment or settlement under certain circumstances. Declares certain nondisclosure agreements entered into after June 30, 2019, involving sexual assault, sexual harassment, and sexual discrimination as against public policy and void.
Health care advance directive. Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Allows a minor's parent, legal custodian, or legal guardian to sign an advance directive on behalf of the minor. Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds cross references. Makes conforming changes. Makes technical changes.
Right to jury in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Removes gender specific references from the Constitution of the State of Indiana. Makes certain other technical changes.
Uniform partition of heirs property act. Provides for the partition of heirs property.
Strict liability for dog bites. Holds a dog owner or custodian strictly liable for a dog bite or injury when: (1) a dog bites or injures a person without provocation; and (2) the person is bitten or injured while in a location the person is legally authorized to occupy.
Attorney's fees. Requires a court to award attorney's fees to the prevailing party in all civil actions.
Product liability actions. Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based on: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos.
Admissibility of coverage limits. Prohibits admission of uninsured and underinsured motorist insurance coverage limits in a breach of contract action concerning uninsured or underinsured motorist benefits.
Civil and criminal immunity. Provides that a civilian who, in good faith, takes an action to prevent serious bodily injury to or to prevent a forcible felony against a law enforcement officer who is engaged in the execution of the law enforcement officer's duties is immune from civil and criminal liability, unless the civilian's acts or omissions amount to gross negligence or willful or wanton misconduct. Provides that the governmental entity that employed the law enforcement officer must indemnify the civilian against any cause of action that may arise out of the civilian's assistance to the law enforcement officer.
Creditors' rights. Makes various changes to probate and trust law relating to creditors' claims, claims against nonprobate transferees, and no contest provisions in wills and trusts. Defines "no contest provision". Provides that a no contest provision is enforceable, except under certain circumstances. Provides that the estate recovery unit of the office of Medicaid policy and planning is a reasonably ascertainable creditor if the decedent was at least 55 years of age at the time of death. Extends the time period for county clerks to issue letters testamentary or of administration from five months to seven months. Allows for the deduction
Emotional support animals. Provides that a dwelling that is exempt from the Indiana fair housing law is not subject to the requirements applicable to emotional support animals. Defines "emotional support animal". Specifies who may use an emotional support animal, who may prescribe an emotional support animal, and when an individual may be prescribed an emotional support animal. Provides that an individual with a disability that is not readily apparent who submits a request for an emotional support animal that falsely suggests the individual has a disability that entitles the individual to the use of an emotional support animal in a
Various property issues. Amends the statute concerning the Indiana coordinate system for describing real property to provide that coordinates based on specified coordinate systems and used to define the position of a point on a land boundary may not be presented to be recorded unless the recording document also contains: (1) the method used to relate the coordinates to the National Spatial Reference System; and (2) the name and zone of the coordinate system. Eliminates other reporting and certification requirements with respect to such recordings. Provides that if any coordinates (not specifically coordinates based on the Indiana coordinate system, as
Liability for rental car theft. Removes from the list of provisions that may be included in a motor vehicle rental agreement a rebuttable presumption that a motor vehicle renter is not liable, in certain circumstances, for losses incurred by the rental company related to theft of the motor vehicle. Requires a damage waiver to cover all damage, loss, and liability, less any included deductible, to which a rental company and renter may otherwise agree concerning the renter's responsibility. Repeals the offense of auto theft and receiving stolen auto parts. Provides that a person who knowingly or intentionally exerts unauthorized control
Department of child services. Provides for the collection of certain past due annual support fees by the child support bureau (bureau) and the clerk of the circuit court. Allows the bureau to collect child support payments made in cash. Allows the bureau and the clerk of the circuit court to recoup certain child support overpayments. Specifies the duties of a licensing authority when imposing sanctions and penalties against a licensee or permit holder with a child support delinquency who is the subject of an order issued by the bureau. Repeals a requirement that an individual determined to be eligible for
Cleanup of certain terms. Removes, where appropriate, the terms herein, hereafter, hereinafter, therein, theretofore, hereunder, hereinunder, heretofore, hereinabove, and thereunder from various provisions throughout the Indiana Code and replaces the terms with more specific and clearer terms. Removes reference to the pronoun "his". Makes technical corrections. (The introduced version of this bill was prepared by the code revision commission.)
Technical corrections. Resolves technical conflicts and addresses technical problems in the Indiana Code, including removal of obsolete citation style references to "IC 1971" and updating the list of statutes codified outside Title 34 that confer immunity from civil liability. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2018 general assembly". Specifies that this phrase may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered
Action for contribution by railroad entities. Creates a right of action for contribution by a railroad entity against another person or entity that is not an employee of the railroad entity for claims that arise under the Federal Employers' Liability Act. Provides that, if a railroad entity enforces a right of contribution in the original action brought against the railroad entity, the plaintiff in the original action has the right to seek bifurcation of the plaintiff's claim, and have the plaintiff's claim heard in advance of the contribution claim of the railroad entity.
Immunity for reports of suspected abuse or neglect. Provides immunity from civil and criminal liability for: (1) a person who assists with or participates; and (2) a health care provider who provides professional intervention; in an investigation by the department of child services resulting from a report that a child may be a victim of child abuse or neglect. Provides that the immunity provisions do not apply (1) to actions brought against qualified health care providers for medical malpractice; or (2) for a person who has acted with gross negligence or willful or wanton misconduct. Provides that: (1) an adult
Order to repair tax sale property. Provides that an order for necessary repairs originally issued by an enforcement authority under the unsafe building law to the owner of a vacant or abandoned property that is later sold at a tax sale may subsequently be enforced against the successful bidder at the tax sale. Organizes several tax sale definitions.
Civil forfeiture. Requires the prosecuting attorney to file an affidavit of probable cause with a court not later than seven days after property is seized, and provides for the return of the property to the owner if the court does not find probable cause. Establishes a procedure for an owner of real property or of a vehicle (if the owner was not operating the vehicle at the time of the seizure) to obtain provisional custody of the seized property pending a final forfeiture determination. Makes the time limit for filing a forfeiture action: (1) 21 days, if the owner has
Notarial acts. Makes technical changes to standardize language concerning registration of trademarks and regulation related to notarial acts. Specifies requirements related to notarial acts, including use of electronic documentation and technology for electronic notarial acts. Requires the secretary of state to adopt rules related to electronic notarial acts and remote notarial acts. Specifies requirements for remote notarial acts, including: (1) registration of a remote notary public; (2) certification of and record keeping related to remote notarial acts; (3) use of audio visual communication and recording; (4) verification of credentials; and (5) maintenance of records. Makes conforming amendments.
Specialized driving privileges. Provides that an individual's specialized driving privileges expire at the time the suspension of the individual's driving privileges is terminated if: (1) the underlying conviction, charge, adjudication, or determination that forms the basis of the suspension is reversed, vacated, or dismissed; or (2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension. Requires the court to inform the bureau of motor vehicles of a termination of a suspension and expiration of specialized driving privileges.
Broadening criminal justice treatment options. Makes various changes to the criminal justice institute's annual report on the impact of criminal code reform on local units of government, the department of correction, and the office of judicial administration. Requires the report to be prepared in conjunction with the justice reinvestment advisory council (council). Adds probation departments, pretrial diversion programs, and jail treatment programs to programs that are eligible to apply for a state grant for community corrections. Replaces the Indiana judicial center with the office of judicial administration for purposes of: (1) submitting the community supervision collaboration plan; (2) approval of
Electronic powers of attorney, trusts, and wills. Allows a testator to execute an electronic will. Specifies requirements pertaining to the: (1) creation; (2) attestation; and (3) execution; of an electronic will. Allows video recordings of an electronic will's execution to be used for demonstrating: (1) proper execution of a will; (2) testator intent; (3) the mental state of a testator; (4) the absence of undue influence or duress with respect to a testator; and (5) verification of the individual identities involved in the execution of an electronic will. Provides exemplar instructions and advisory language to testators with respect to electronic
Bail issues. Provides that murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong.
Delinquent self-storage facility rents. Amends the statute concerning self-storage facilities to allow a facility owner (owner) to impose and collect from a renter a late fee that does not exceed the greater of: (1) $20; or (2) 20% of the monthly rent; for each month the renter is in default under the rental agreement. Authorizes an owner to recover from a renter all reasonable costs and expenses of: (1) rent collection; and (2) lien enforcement; incurred by the owner as a result of the renter's default. Specifies that an owner's lien under the statute includes a lien on the renter's
Code revision correction. Corrects a word processing error by restoring two provisions concerning the distribution of money for standardbred purposes that were inadvertently omitted from IC 4-35-7-12 when that statute was last amended in 2016. (The introduced version of this bill was prepared by the code revision commission.)
Landowner immunity for trail access. Specifies that with respect to the statute that restricts a landowner's liability for an injury to a person or property caused by an act or failure to act of another person using the landowner's premises for certain recreational purposes, those purposes include another person going on or through the premises for the purpose of accessing a trail, a greenway, a park, or another similar area used for recreational purposes. Makes a technical change to include in the statute that lists Indiana Code provisions that: (1) are outside the Indiana Code title concerning civil law and
Unlawful indemnity agreements. Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. Urges the legislative council to assign to the appropriate study committee the issue of whether a provision in a professional services contract that requires indemnification or defense of a promisee for certain liability is against public policy.
Use of purple marks to deny entry to property. Authorizes the use of purple marks to post real property against trespassers.
Asbestos litigation. Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based upon: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos. Requires certain disclosures regarding asbestos bankruptcy trust claims in civil asbestos actions. Provides medical criteria to set aside and preserve the claims of asbestos and silica claimants without physical impairment, and gives priority to asbestos and silica claimants with malignant conditions and impairing nonmalignant conditions. Urges the legislative council to assign to the appropriate interim study committee
Homeowners associations and solar power. Prohibits a homeowners association from adopting or enforcing certain rules, covenants, declarations of restrictions, and other governing documents concerning solar energy systems after June 30, 2018.
Protecting pets in distressed homes. Provides that: (1) an adult protective services unit conducting an investigation; or (2) a caseworker conducting an assessment; who observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect may make a report to the local law enforcement agency or local animal control officer. Provides that: (1) an adult protective services unit; or (2) a caseworker; who makes a report of animal cruelty, abandonment, or neglect is immune from civil and criminal liability.
Misleading or inaccurate caller identification. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the law prohibiting misleading or inaccurate caller identification. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation
State settlement agreements. Provides that neither a unit nor a school corporation may settle a claim by agreeing to: (1) adopt, refuse to adopt, or refuse to enforce an ordinance or policy; or (2) the terms of an injunction, restraining order, or consent decree; without providing the attorney general an opportunity to intervene. Requires the court to certify such a case to the attorney general to provide the attorney general an opportunity to intervene. Provides that the attorney general may present evidence that relates to the state's interest in the outcome of the action, and arguments on the state's interest
Automatic dialing-announcing devices. Provides that the statute prohibiting a caller from using or connecting an automatic dialing-announcing device to a telephone line unless certain conditions are met does not apply with respect to messages made in connection with calls made by the state or a political subdivision of the state in connection with certain debt collection activities.
Court appointed child advocate immunity. Provides immunity from civil liability for: (1) a guardian ad litem program; (2) a court appointed special advocate program; (3) an employee of or volunteer for a guardian ad litem program or court appointed special advocate program; and (4) an individual acting as a contracted guardian ad litem; when a child is placed on a waiting list for guardian ad litem or court appointed special advocate services.
Newborn safety devices at fire departments. Specifies under the safe haven law that it is a defense to a claim of neglect of a dependent if the individual left the child in a newborn safety device that is located at a fire department, including a volunteer fire department, that meets specified requirements. Provides civil immunity for a fire department that operates a newborn safety device for an act or omission relating to the device: (1) if the device meets specified requirements; and (2) unless the act or omission constitutes gross negligence or willful or wanton misconduct.
Distributions from escrow accounts. Repeals a requirement that any funds that: (1) exceed $10,000 and are disbursed from an escrow account in connection with a real estate transaction; and (2) are received from a single party to the transaction; must be wired good funds. Makes a conforming amendment.
Code revision correction. Corrects a word processing error by restoring two provisions concerning the distribution of money for standardbred purposes that were inadvertently omitted from IC 4-35-7-12 when that statute was last amended in 2016. (The introduced version of this bill was prepared by the code revision commission.)
Mechanic's liens. Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one (1) nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Repeals the current statute concerning the filing of an undertaking to discharge a lien.
Unclaimed property. Provides, for purposes of the unclaimed property act, that a time deposit that is automatically renewable is considered matured upon the expiration of its initial period, unless: (1) the owner has consented to a renewal at the time of the account opening or at about the time of the renewal; and (2) the consent is in writing or is evidenced by the original account agreement or by any memorandum or other record on file with the holder of the account. (Current law does not specify that the owner's consent to renewal can occur at the time of the
Preservation of families. Requires the department of child services (department) to contact a child's grandparent as soon as possible after the removal of the child from the parents if the department has contact information or knows the location of the child's grandparent. Requires the department to provide certain information to the child's grandparent.
Statewide electronic wills registry. Authorizes the supreme court and state office of judicial administration to create a statewide electronic wills registry (registry). Provides the supreme court and the state office of judicial administration with rule making authority. Allows certain individuals to deposit the following items into the registry: (1) Information concerning individual testators, electronic wills, or the execution of an electronic will. (2) The electronic record of an electronic will. (3) Any document integrity evidence associated with an electronic will. (4) A digital and readable copy of a complete converted copy of an electronic will. Requires the administrator of the
Protecting pets in distressed homes. Provides that: (1) an adult protective services unit conducting an investigation; or (2) a caseworker conducting an assessment; who observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect may make a report to the local law enforcement agency or local animal control officer. Provides that: (1) an adult protective services unit; or (2) a caseworker; who makes a report of animal cruelty, abandonment, or neglect is immune from civil and criminal liability.
Right to a jury in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Postjudgment interest charges. Provides that, in calculating postjudgment interest in matters where there is no contract for interest: (1) no interest is due for the first 10 business days if there is no appeal of the judgment; and (2) a reduced rate of interest is owed if an appeal is filed.
Increases the membership of the Indiana senate to 100 members and the membership of the Indiana house of representatives to 200 members beginning November 8, 2022.
Grandparent visitation rights and adoption notice. Provides that a grandparent's right to seek visitation with a grandchild survives the grandchild's adoption by certain family members. (Current law provides that visitation rights of a grandparent survive a grandchild's adoption by certain family members.) Removes a provision that requires a grandparent to petition for visitation with a grandchild before the date a decree of adoption is entered. Removes the requirement that a grandparent be notified of a grandchild's pending adoption by a family member. Repeals a provision regarding the notice to a grandparent of a grandchild's pending adoption by a family member.
Payment of court fees. Allows a court to reduce some or all of the court costs owed by a person who performs community service or uncompensated volunteer work by: (1) determining the number of hours of community service or volunteer work performed by the person; (2) multiplying the number of hours worked by the Indiana minimum wage; and (3) deducting that figure from the amount owed.
Grandparent and great-grandparent rights. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Provides that a grandparent or great-grandparent may seek visitation with a child if the parent or guardian of the child refuses to allow or restricts visitation by the grandparent or great-grandparent. Establishes factors the court may consider in determining whether granting visitation rights to a grandparent or great-grandparent is in the best interests of the child.
Identity of telephone solicitors. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation of the statute concerning misleading or inaccurate caller identification. Amends the statute concerning telephone solicitations as follows: (1) Provides that a person is a seller subject to the
Child support. Provides that the duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school.
Certain nondisclosure agreements void. Declares certain nondisclosure agreements entered into after March 31, 2018, involving sexual assault, sexual harassment, and sexual discrimination as against public policy and void.
Living wills. Removes language requiring the use of certain forms when appointing a health care representative. Requires the declaration of a living will to conform with certain requirements. Removes language requiring the use of certain forms when issuing a living will declaration. Makes conforming amendments.
Visitation with a child. Provides that a foster parent may file a petition seeking visitation rights with a child if the child was placed under the care and supervision of the foster parent for at least 12 months. Requires the court to enter a decree after holding a hearing. Allows the court to modify an order granting or denying visitation rights. Requires the department of child services to provide notification to a foster parent if the parent-child relationship of a child who was placed under the care and supervision of the foster parent for at least 12 months is terminated.
Termination of parental rights. Requires the department of child services (department) to file a petition for termination of parental rights if a child's parent accumulates a total of three instances of certain acts or omissions. Adds to the list of allegations that satisfy the requirements for a petition for termination of parental rights an allegation that a child's parent: (1) has accumulated a total of three instances of certain acts or omissions; (2) has failed to maintain consistent and meaningful contact with the child over at least the most recent 12 months; (3) has failed to provide care and support
Service animal exclusion from marital property. Provides that a service animal is excluded from a court's or family law arbitrator's division of property in an action for dissolution of marriage.
Transfers to caregivers. Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before
Anti-patriotic displays. Provides that if a professional sports team (team) based in Indiana does not timely refund the price of a ticket to a person who purchased a ticket to a game, attended the game, and was offended by an athlete on the team not standing during the national anthem, the team is liable for treble damages and other costs.
Garnishment of wages. Provides that a creditor may, by written consent or court order, access wage report information from the department of workforce development for the purpose of obtaining a garnishment order. Requires a court that has issued a garnishment order to a third party to cancel the garnishment order and issue a new garnishment order without a hearing if certain circumstances have changed. Requires an employer that is garnishing a judgment debtor's wages to inform the clerk of courts when the judgment debtor leaves employment with the employer. Provides that, once such notice is given, the employer has no
Whistleblower protection for state employees. Provides that for purposes of the false claims and whistleblower protection statute, the Medicaid false claims and whistleblower protection statute, and a statute providing whistleblower protection relating to adult protective services, the term "employee" includes a state employee, and the term "employer" includes the state of Indiana.
Issues relating to the death of a minor. Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the estate of the child and disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts. Provides that, for purposes of a custody order, "health care" includes the disposition of a minor child's body upon the minor child's death.
Sibling visitation. Provides that a child's adult sibling may file a petition seeking visitation rights with the child in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights to an adult sibling is in the best interests of the child. Requires the court to enter a decree after holding a hearing. Allows the court to modify or vacate an order granting or denying sibling visitation rights with an adult sibling.
Leases and sales of real property. Amends the statute concerning landlord and tenant relations to provide that a unit may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly. (Current law provides that regulation of rental rates for such property must be authorized by an act of the general assembly.) Prohibits a political subdivision from imposing certain penalties against a tenant, an owner, or a landlord for a contact made to request law enforcement or other emergency assistance for one or more
Sanctuary policies and postsecondary educational institutions. Prohibits a postsecondary educational institution from enacting or implementing an ordinance, a resolution, a rule, or a policy that prohibits or in any way restricts an employee of the postsecondary educational institution from taking certain actions with regard to information of the citizenship or immigration status of an individual.
Child neglect defense. Specifies under the safe haven law that it is a defense to a claim of neglect of a dependent if the individual left the child: (1) with a person who is an emergency medical services provider; or (2) in a newborn safety device that meets the specified requirements. Allows a newborn safety device that was installed on January 1, 2017, to continue to operate. Provides civil immunity for a hospital that operates a newborn safety device if the device meets specified requirements, unless the act or omission constitutes gross negligence or willful or wanton misconduct. Provides that
Power of guardian to request health records. Provides that, even though a guardianship terminates upon the death of the protected person, a guardian is authorized to request the health records of the protected person within 60 days after the protected person's death if the protected person was an incapacitated person. Provides, however, that a guardian may not request the health records of the protected person after the protected person's death if a personal representative of the estate of the protected person is appointed.
Constitutional amendment ballot language. Prescribes the ballot language for the proposed constitutional amendment concerning the state budget.
Probate and trust matters. Makes various changes to probate and trust laws concerning contesting of wills, authorization of certain acts by a trustee, and the consideration of the requests of de facto custodians and living parents of incapacitated persons in the appointment of guardians and in custody orders. Prohibits a court clerk from collecting a court costs fee for the filing of a closing statement associated with a small estate. Specifies parameters for electronic message delivery. Makes technical corrections.
Access to identifying information. Requires the state registrar to search death certificates in the state registrar's possession and the State and Territorial Exchange of Vital Events (STEVE) Exchange System if an eligible individual submits a request for the release of identifying information of a birth parent or adoptee. (Current law requires the state registrar to search death certificates in the state registrar's possession.) Provides, with exceptions under current law, that a consent of an adoptee or birth parent is not required if the individual requesting the identifying information submits records from the STEVE system indicating that the adoptee or birth
Rescue actions. Amends an Indiana Code section requiring an emergency medical services provider to take custody of a newborn child under certain circumstances to eliminate an ambiguity that might otherwise exist with respect to one of the circumstances under which the requirement applies. Provides that a person who forcibly enters a motor vehicle to remove a domestic animal is responsible for only one-half of the cost of repairing the motor vehicle damage directly caused by the person's forcible entry and is immune from all other civil or criminal liability for other property damage resulting from the forcible entry if the
Real property improvement contracts. Amends the statute concerning home improvement contracts to do the following: (1) Redesignate a "home improvement contract" a "real property improvement contract" and make conforming changes in terminology throughout the statute. (2) Specify that for purposes of the statute, improvements include interior improvements made to real property, including improvements made to a basement. (3) Expand a consumer's right to cancel a contract to include canceling a contract before midnight on the third business day after the later of the following: (A) The date the contract is signed by the consumer and the real property improvement supplier.
Provides that the total amount of expense appropriations enacted by the general assembly for a biennial budget may not exceed the estimated revenue of the state in the biennial budget period. Defines "revenue" as all income received by the state general fund and all other state funds, excluding the proceeds of bonds or other loans. Defines "expense" as the ordinary operating costs of state government, including any debt service payments made during the biennial budget period. Provides that a state budget enacted by the general assembly must appropriate money for the state's prefunded pension funds in the amount necessary to
Liens on abandoned or towed vehicles. Adds state agencies to the definition of "public agency". Broadens the application of IC 9-22-1-23 to include all holders of mechanic's liens. Requires that additional information be included in the notification to a person whose vehicle was towed to a storage yard or towing service. Specifies that a lienholder's failure to comply with certain notice requirements may result in civil damages. Provides that proof of receipt of notice for a mechanic's lien by the owner of a vehicle subject to the mechanic's lien is not required in certain instances. Provides that, if there is
Adoption matters. Amends provisions regarding adoption notices. Provides that a consent to an adoption is not required from the biological father of a child born out of wedlock who was conceived as a result of a crime in any jurisdiction in which the elements of the crime are substantially similar to certain crimes under Indiana law. Amends provisions regarding: (1) when a putative father is not entitled to establish paternity; and (2) postadoption contact privileges. Prohibits any person from challenging an adoption decree after the expiration period. Makes the following changes to the crime of profiting from an adoption: (1)
Notaries public and trademarks. Provides that a person who wishes to register a trademark must file an electronic application for the registration of the trademark. Allows the governor to appoint notaries public in certain instances. Describes permitted notarial acts. Provides that notarial acts performed in another state are presumptively valid in certain instances. Provides that notarial acts performed: (1) under the authority of; and (2) within the jurisdiction of; a federally recognized tribe are presumptively valid in certain instances. Provides that notarial acts performed by foreign governments or nations are presumptively valid in certain instances. Specifies records should be notarized.
Pyramid promotional schemes. Removes references to pyramid promotional schemes in the deceptive consumer sales law and addresses pyramid promotional schemes in a separate law. Provides that a person may not establish, promote, operate, or participate in a pyramid promotional scheme. Specifies the enforcement powers of the attorney general with respect to a person who establishes, operates, or promotes a pyramid promotional scheme. Provides for a private cause of action for a consumer deceived by a pyramid promotional scheme. Provides that, in certain circumstances, the burden of showing that a person benefitted from a pyramid scheme lies with the plan or
DNA for felony arrestees. Requires every person arrested for a felony after December 31, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. Provides that the DNA sample may not be shipped for DNA identification unless the arrestee was arrested pursuant to a felony arrest warrant or a court has found probable cause for the felony arrest. Provides for removal of a DNA sample from the data base if: (1) the person is acquitted of all felony charges or the charges are converted to misdemeanors; (2) all felony charges against the
Uniform business organization laws. Enacts provisions of the Uniform Business Organization Code, including the Uniform Model Registered Agents Act and the Uniform Model Entity Transactions Act. Makes conforming changes.
Authority to solemnize marriages. Authorizes the governor, the lieutenant governor, and members of the general assembly to solemnize marriages, and specifies that they may not accept money for solemnizing a marriage.
Directors of mutual benefit corporations. Allows directors of certain mutual benefit corporations to vote by proxy. Specifies requirements for appointment of a proxy.
Technical corrections. Resolves technical problems in the Indiana Code. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2017 general assembly". Specifies that the title may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered during the 2017 legislative session. Provides the publisher of the Indiana Code with guidance concerning resolution of amend/repeal conflicts between the technical corrections bill and other bills passed during the
Adverse possession. Permits an entity exempt from federal income taxation under Section 501 of the Internal Revenue Code from the payment of taxation to claim property by adverse possession.
Health care consent. Provides that an adult grandchild may consent to health care for an individual incapable of consenting if a health care representative has not been appointed, is not reasonably available, declines to act, or is unknown to the health care provider. Provides that a grandparent may consent to health care for a grandchild incapable of consenting if a health care representative has not been appointed, is not reasonably available, declines to act, or is unknown to the health care provider. Provides that a grandparent also may consent to health care for a minor grandchild if a guardian or
Code revision corrections. Resolves substantive problems in the Indiana Code not suitable for resolution in the annual Technical Corrections bill. (The introduced version of this bill was prepared by the code revision commission.)
Indiana Uniform Voidable Transactions Act. Enacts the Indiana Uniform Voidable Transactions Act (Act), governing the ability of a creditor to nullify certain transfers made by a debtor. Specifies that comments released by a committee of the National Conference of Commissioners on Uniform State Laws shall not be considered as authority in interpreting solely the Act.
Adoption criminal history check. Removes a requirement that a criminal history check in an adoption or guardianship proceeding must include a request for information from a national registry of substantiated child abuse and neglect reports.
Service of process fees. Makes the clerk responsible for collecting service of process fees. Raises the service of process fee from $13 to $28. Reinstates the prohibition on collection of service of process fees more than one time in a case. Specifies that $3 of each service of process fee shall be distributed, by the county auditor, to the clerk's record perpetuation fund. Makes conforming technical amendments.
Notice of adoption to grandparents. Provides that a grandparent of a child sought to be adopted is entitled to notice of pending adoption proceedings if: (1) the grandparent has an existing right to petition for visitation; and (2) the grandparent's right to visitation will not be terminated after the adoption.
Study of civil forfeiture laws. Urges the legislative counsel to assign to a study committee the topic of civil forfeiture laws. Provides that the study committee issue a final report to the legislative counsel containing the study committee's findings and recommendations not later than November 1, 2017.
Guardianships. Requires a guardian of a protected adult to permit all appropriate contact, communication, and social interaction between the protected adult and individuals with whom the protected adult had significant past family or social relationships, subject to a determination by the guardian, after consideration of all relevant facts and circumstances, that contact, communication, or social interaction with the protected adult should be limited, supervised, or prohibited in order to prevent harm to the protected adult's health, person, or property. Provides that any act or omission by the guardian in permitting contact, communication, and social interaction with the protected adult is
Homeowner associations and solar power. Prohibits a homeowners association from adopting or enforcing certain rules, covenants, declarations of restrictions, and other governing documents, after June 30, 2017, concerning solar energy systems.
Indemnification from legal malpractice claims. Provides that any provision in an agreement between an attorney and a client that purports to prospectively release the attorney from liability for malpractice is against public policy, void, and unenforceable.
DNA samples of felony arrestees. Requires every person arrested for a felony after June 30, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. Provides that a DNA sample may be obtained from a person arrested without a warrant for a felony, but that the DNA sample may not be shipped for DNA identification until a court has found probable cause for the felony arrest. Provides for the expungement of a DNA sample taken from a person if the person is acquitted of all felony charges, all felony charges are dismissed,
Electronic signatures. Provides that a person may create an electronic will and an electronic trust document if certain conditions are met, and provides that a power of attorney (including a living will and health care power of attorney) may be signed electronically and created or stored in an electronic format. Makes conforming amendments.
Marriage licenses. Allows the clerk of a circuit court to issue a marriage license to an individual who: (1) is unable to appear in person before the clerk due to physical illness or infirmity; or (2) is being treated with a narcotic drug due to physical illness or infirmity; if the individual provides affidavits from the individual and a licensed physician concerning the physical illness or infirmity. Requires the clerk of a circuit court to notify individuals to whom the clerk refuses to issue a marriage license that the individuals may request a court hearing regarding the refusal. Allows the
Civil rights commission. Provides that: (1) an order by the civil rights commission may include a requirement that reasonable attorney's fees incurred by certain complainants be paid; and (2) a civil action based on a claim that is the basis for a complaint filed with the civil rights commission may be tried by a court or by a jury. Eliminates the requirement that both the complainant and respondent must agree in writing to have a claim that is the basis for a finding of probable cause by the civil rights commission decided in a court.
Establishes the Indiana permanent fund (fund) in the state treasury. Provides that the fund consists of: (1) 50% or such other greater percentage established by law of any general fund budget surplus realized during a state fiscal year; (2) appropriations made to the fund; and (3) other sources designated by law. Provides for the allocation of income among the fund, the state general fund, and other state funds designated by law. Provides that the principal of the fund may be used only for those investments specifically designated by law as eligible for investment from the fund.
Increases the membership of the Indiana senate to 100 members and the membership of the Indiana house to 200 members beginning November 8, 2022.
Provides that the Constitution of the State of Indiana guarantees rights for crime victims.
Real estate investment trusts. Permits the creation and operation of a real estate investment trust in Indiana.
Provides that the people of Indiana may propose and adopt amendments to the Constitution of the State of Indiana and propose and enact statutes independent of the General Assembly through initiative. Provides that the people of Indiana may approve or reject through referendum any statute or part of any statute enacted by the General Assembly. This proposed amendment has not been previously agreed to by a general assembly.
Removes gender specific references from the Constitution of the State of Indiana. Makes certain other technical changes.
Attorney discipline. Requires that before a malpractice or disciplinary action against an attorney may proceed, the complaint by the client against the attorney must be submitted to mediation.
Defines the term of a general assembly for purposes of the Constitution of the State of Indiana. Provides that the term of office of a state senator is six years. Staggers the terms of senators so that approximately one-third of the senators are elected every two years. Provides that the term of office of a state representative is four years. Staggers the terms of state representatives so that one-half of the state representatives are elected every two years. This proposed amendment has not been previously agreed to by a general assembly.
Action for contribution for railroad employees. Creates a right of action for contribution against a third party for claims that arise under the Federal Employers' Liability Act.
Juvenile courts and facilities. Grants immunity under the Indiana tort claims act for the adoption or enforcement, or the failure to adopt or enforce, a security policy in a building used by a governmental entity, unless the enforcement constitutes false arrest or false imprisonment. Adds to the definition of "law enforcement officer" a member of the security staff of a circuit or superior court acting under a court security policy.
Visitation for former foster parents. Provides that a foster parent may file a petition seeking visitation rights with a child if the child was placed under the care and supervision of the foster parent for at least 12 months. Requires the court to enter a decree after holding a hearing. Allows the court to modify an order granting or denying visitation rights. Requires the department of child services to provide notification to a foster parent if the parent-child relationship of a child who was placed under the care and supervision of the foster parent for at least 12 months is
Immunity for safe haven boxes for newborn babies. Provides immunity from civil liability for qualified service providers and employees of qualified service providers for any act or omission relating to the installation, operation, use, supervision, or maintenance of safe haven boxes for newborn babies.
Uniform real property electronic recording act. Enacts the Uniform Real Property Electronic Recording Act, which provides for the recording of electronic documents related to title to real property. Establishes the electronic recording commission to adopt standards to implement the statute.
Battery on a sports official. Provides that battery on a certified athletic official is a Class A misdemeanor. Grants to a certified athletic official limited liability protection against civil lawsuits claiming injury or damages if the official: (1) inspects the playing surface and areas immediately adjacent to the playing surface for hazards before the start of an athletic contest; (2) does not allow an athletic contest to begin or continue if weather conditions are inappropriate; (3) inspects game equipment before and during the athletic contest; (4) inspects players' equipment for safety and compliance with applicable rules before beginning the athletic
Issues relating to the death of a minor. Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts.
Sibling visitation. Provides that a petition seeking visitation rights with a child may be filed by the child's sibling, or by an individual on behalf of the sibling, in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights is in the best interests of the child. Requires the court to enter a decree after holding a hearing. Allows the court to modify an order granting or denying sibling visitation rights. Provides that a court may order a party to an action for sibling visitation to pay a reasonable amount for the cost to
De facto custodian. Amends the minimum time requirement for a caregiver to meet the definition of de facto custodian. Adds factors to be considered by the court in determining whether to award custody of a child to a de facto custodian.
Right to jury trial in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Product liability actions. Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based upon: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos.
Strict liability for dog bites and injuries. Holds a dog owner or custodian strictly liable for a dog bite or injury when: (1) a dog bites or injures a person without provocation; and (2) the person is bitten or injured while in a location the person is legally authorized to occupy.
Lien for repairs to abandoned property. Provides that a tax sale certificate holder who enters the premises of certain vacant or abandoned real property to perform the action of: (1) securing the real property; (2) removing trash or debris from the grounds of the real property; (3) mowing the grounds of the real property; or (4) removing or painting over graffiti on the real property; has a lien on the real property equal to the amount of the reasonable value of labor performed and materials used to perform the action.
Tenant eviction upon foreclosure. Provides that if real property subject to a judgment of foreclosure is occupied by a tenant on the date a deed of conveyance is executed following the foreclosure judgment, the immediate successor in interest to the property must provide to the tenant any notice to vacate the premises at least 90 days before the date on which the tenant must vacate the premises. Specifies that this provision does not affect the requirements for termination of a rental agreement or for a tenant's occupancy of the premises under: (1) any federal or state subsidized tenancy; or (2)
Grandparent and great-grandparent rights. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Provides that a grandparent or great-grandparent may seek visitation with a child if the parent or guardian of the child refuses to allow or restricts visitation by the grandparent or great-grandparent. Establishes factors the court may consider in determining whether granting visitation rights to a grandparent or great-grandparent is in the best interests of the child.
Limited liability for aiding a companion animal. Provides that a certified advanced emergency medical technician, certified emergency medical technician, or paramedic who provides certain emergency medical services to a companion animal is not liable for an act or omission related to the services provided unless the act or omission constitutes negligence or willful misconduct. Defines "companion animal" as a pet or service animal. Grants civil immunity to a person who forcibly enters a locked car for the purpose of rescuing a companion animal. Does not extend civil immunity to acts of entry involving gross negligence or willful and wanton misconduct.
Fingerprinting fee for adoption. Provides that if a petitioner for adoption seeks to adopt a child who is under the care and supervision of the department of child services at the time of or any time after the filing of a petition for adoption, the department may pay the fees and other costs of the criminal history check required for the petitioner.
Garnishment of wages. Provides that if: (1) a judgment debtor leaves employment with an employer who is garnishing the wages of the judgment debtor subject to a judgment obtained by a judgment creditor; (2) the judgment debtor subsequently returns to employment with the same employer; and (3) the judgment against the judgment debtor has not been satisfied; the judgment creditor must obtain a new judgment against the judgment debtor before the employer of the judgment debtor is required to resume garnishment of the wages of the judgment debtor.
Child custody petitions. Prohibits the department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency or county office with similar responsibilities in another state from filing a petition seeking a determination of custody of a child.
Appointment of state officers. Provides for the appointment of the attorney general by the governor after January 10, 2021. Provides for the state superintendent of public instruction to be appointed by the governor after January 10, 2021. Requires the governor to appoint the state superintendent from a list of three nominations submitted to the governor by the state board of education. Makes conforming and technical amendments.
Marriage. Eliminates the requirements that: (1) individuals obtain a marriage license before being married; (2) a marriage be solemnized by an individual specified by state law; and (3) a marriage license be filed with a circuit court clerk and the state department of health. Provides for marriage by marriage contract by any two individuals who are competent to contract in Indiana or otherwise permitted to marry in Indiana.
Protection of private property. Allows an owner of real property or a person with a vested right to a specific use of real property to seek compensation from a governmental entity if a specific action taken by the governmental entity inordinately burdened an existing use of the real property or a vested right to a specific use of the real property. Provides that statutes: (1) providing immunity from tort liability for governmental entities and employees when the loss occurs under certain circumstances; and (2) prohibiting the award of punitive damages against governmental entities and employees acting within the scope of
Snow removal services contracts. Provides that any provision in certain contracts for snow removal services that purports to release: (1) a person that performs snow removal services; or (2) a person that contracts for snow removal services; from liability for negligence, recklessness, or intentional acts is void as against public policy.
Statutes of limitations for securities violations. Specifies that an action brought by a person for an alleged violation of the Indiana Uniform Securities Act (Act) involving: (1) the sale of a security; or (2) the providing of investment advice; must be commenced not later than three years after the person bringing the action has actual knowledge of the violation. (Current law provides that the action must be commenced within three years after discovery by the person bringing the action of the violation.) Provides that a prosecution for an offense under the Act is barred unless commenced within five years after
Enforcement of ALJ code of conduct. Provides that: (1) the state ethics commission shall receive complaints concerning an alleged violation of the statewide code of judicial conduct for administrative law judges (ALJ code); (2) an action taken based on a violation of the ALJ code is in addition to any remedy provided by IC 4-21.5 (the statute governing administrative orders and procedures); and (3) if there is a conflict between IC 4-21.5 and the ALJ code, IC 4-21.5 controls. Deletes a provision providing that the inspector general is not responsible for enforcing or conducting investigations under the ALJ code.
Construction or design contracts. For purposes of the statute providing for the invalidity of an indemnity agreement related to negligence or willful misconduct in connection with a construction or design contract, removes the word "sole" as a descriptor of the negligence or willful misconduct at issue. Makes a technical correction.
Retaliatory lawsuits against zoning remonstrators. Specifies, for purposes of Indiana's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, that an "act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" includes conduct by remonstrators who express an opinion relating to planning, zoning, land use, eminent domain, and similar matters, even if the eventual determination of the matter affects only private interests.
Probate matters. Provides that an individual otherwise qualified for certain property tax deductions for property that the individual occupies as a beneficiary of the trust that owns the property is not required to be considered the owner of the property under the rules of construction for the property tax law for the trust to receive the property tax deduction. Transfers certain inheritance tax duties from the probate court, county assessor, and county treasurer to the department of state revenue with respect to inheritance tax returns filed after March 31, 2016. Revises the inheritance tax allocation statute so that the current
Medical malpractice. Increases the amount of recoverable damages for injury or death to a patient. Increases health care provider liability limits. Defines "final nonappealable judgment." Specifies that claims from the patient's compensation fund must be paid not later than 60 days after the issuance of a court approved settlement or final nonappealable judgment. Increases amounts paid to: (1) health care provider members; and (2) the chairman; of the medical review panel. Provides that attorney fees may not exceed 32% of the total recovery. Adds anesthesiologist assistants to the definition of health care providers for purposes of the law concerning medical
IC 4 technical corrections. Replaces certain pronouns in IC 4 with gender neutral pronouns. Makes technical changes.
Uniform Fiduciary Access to Digital Assets Act. Enacts the Revised Uniform Fiduciary Access to Digital Assets Act of the National Conference of Commissioners on Uniform State Laws. Defines "digital asset" as an electronic record in which an individual has a right or interest. Defines "custodian" as a person that carries, maintains, processes, receives, or stores a digital asset. Defines "user" as a person for whom a custodian carries, maintains, processes, receives, or stores the digital asset. Defines "fiduciary" as an attorney in fact, guardian, personal representative, or trustee of a user. Authorizes a user to use an online tool to
Tort claims immunity. Provides that the tort claims act applies to a claim against certain approved postsecondary educational institutions and associations acting on behalf of certain approved postsecondary educational institutions if: (1) the institution or association has complied with certain data sharing requirements; and (2) the claim relates to a breach of this data. Provides that a claim or suit in tort against a postsecondary educational institution filed before March 30, 2016, is not eligible for tort claims immunity.
Business entities; series limited liability. Makes various changes to the business and other association law, including the following: (1) Requires that an application to reserve or renew a reservation of a name and a notice of transfer of a reserved name must be filed with the secretary of state electronically and makes the corresponding changes to the fees. (2) Establishes requirements concerning plans or filed documents that include terms that are dependent on facts objectively ascertainable outside the plan or filed document for limited liability partnerships, limited partnerships, nonprofit corporations, and limited liability companies. (3) Provides that the name of
Withdrawals from cemetery perpetual care funds. Provides that if the perpetual care fund of a cemetery is established as a trust, the trustee may withdraw funds from it in accordance with the cemetery law and in an amount that the trustee considers necessary to pay the cost of perpetual care of the cemetery, even though terms of the trust would otherwise restrict withdrawals from the fund to a lesser amount.
Technical corrections. Resolves technical problems in the Indiana Code, including incorrect statutory references, nonstandard tabulation, and various grammatical problems. Provides that the technical corrections bill may be referred to as the "technical corrections bill of the 2016 general assembly". Specifies that the title may be used in the lead-in line of each SECTION of another bill to identify the provisions added, amended, or repealed by the technical corrections bill that are also amended or repealed in another bill being considered during the 2016 legislative session. Provides the publisher of the Indiana Code with guidance concerning resolution of amend/repeal conflicts between
Department of child services matters. Adds a definition of foster care. Amends the deadline for the department of child services (department) to notify a school corporation that a child in foster care will attend a school to September 1. Adds: (1) human or sexual trafficking offenses; (2) sexual battery against a child; (3) vicarious sexual gratification offenses; (4) child solicitation; (5) patronizing a prostitute; and (6) promoting prostitution; to the list of offenses under which a child victim may be designated as a child in need of services. Expands the statutory definition of "human trafficking" and "sex trafficking" to include:
Parenting coordinators. Urges the legislative council to assign to the appropriate committee a study of the use of parenting coordinators in resolving custody and parenting conflicts.
Management of institutional funds. Provides that a chapter in the Indiana Code may be cited as the Uniform Prudent Management of Institutional Funds Act (UPMIFA). Makes the following changes to the UPMIFA: (1) Allows a donor to give an institution prior consent for release or modification of a restriction or charitable purpose in a gift instrument. (2) Allows an institution to release or modify a restriction in a fund established more than 20 years ago without court approval, if the value of an institutional fund is less than $250,000. (Under current law, the institutional fund must be less than $25,000.)
Terminating the parent-child relationship. Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating
Court motion clerk pilot program. Permits the Indiana judicial center to establish a circuit and superior court motion clerk pilot program (pilot program) to provide assistance to courts with preparing orders for complex motions. Provides that the judicial center shall administer the pilot program. Requires the judicial center to report to the interim study committee on courts and the judiciary (committee) concerning the pilot program. Requires the committee to receive reports concerning the pilot program, and allows the committee to make recommendations and to propose legislation concerning the pilot program.
Code revision corrections. Resolves substantive problems in the Indiana Code. Resolves various nontechnical conflicts and problems not suitable for resolution in the annual technical corrections bill, including: (1) a statute that has been both added and repealed; (2) ambiguous language; (3) incorrect references; and (4) results that must not have been intended. (The introduced version of this bill was prepared by the code revision commission.)
Adult permanent guardianship cases. Provides that, in a proceeding on a petition for adult permanent guardianship, if the court finds that the appointment of a guardian is necessary and the person subject to the guardianship is a "mental defective" under federal law, the court shall transmit to the division of state court administration certain information for transmission to the National Instant Criminal Background Check System maintained by the Federal Bureau of Investigation in accordance with the federal Brady Handgun Violence Prevention Act. Makes corresponding amendments.
Child representatives, foster care, and parenting time. Allows a court to remove a child representative if the: (1) department of child services; or (2) probation officer; demonstrates good cause that the child representative would not act or has not acted in the best interests of the child. Allows certain individuals who are at least 18 years of age to opt out of foster care. Prohibits a court from modifying a previous parenting time order for a parent, guardian, or custodian who is not a part of the allegation of abuse or neglect.
Immunity for misuse of blended fuel. Removes the definitions of "E85" motor fuel and "flexible fuel vehicle", and creates a definition for "blended fuel". Replaces immunity protections for misuse of E85 with immunity protections for misuse of blended fuel.
Federal power. Provides that a federal regulation is not binding on an Indiana governmental entity unless the regulation: (1) is substantively identical to a statute enacted as provided in Article I, Section 7 of the Constitution of the United States; or (2) has been specifically approved by a statute enacted as provided in Article I, Section 7 of the Constitution of the United States.
Real estate investment trusts. Permits the creation and operation of a real estate investment trust in Indiana.
Study of appellate procedures for CHINS cases. Urges the legislative council to assign to the appropriate committee a study of whether there should be additional appellate procedures to review children in need of services determinations.
Nullification of EPA regulations in Indiana. Nullifies all regulations imposed in Indiana by the United States Environmental Protection Agency (EPA). Provides that the department of environmental management shall provide environmental protection for the citizens of Indiana.
Delegation of parental powers. Provides that a delegation of powers by a parent or guardian regarding the health care, support, custody, or property of the minor: (1) is not considered placing the minor in foster care; (2) does not subject any party to foster care licensing or rules; and (3) is not considered abandonment, abuse, or neglect, absent other evidence or unless the parent or guardian fails to contact the attorney-in-fact or execute a new power of attorney upon expiration of the original power of attorney. Permits a parent or guardian in active military service to delegate powers regarding the
Condominium and homeowners association liens. Amends the statutes concerning condominium liens and homeowners association liens to provide that if the mortgagee of a first mortgage, or if any other purchaser, obtains title to: (1) a condominium unit; or (2) real estate in a subdivision; as applicable, as a result of foreclosure of the first mortgage, the acquirer of title is not liable for the share of the common expenses or assessments that are chargeable to the unit or real estate and that became due before the date the judgment of foreclosure is issued by the court, if the judgment of
Complying with federal immigration enforcement. Prohibits a governmental body from limiting or restricting the enforcement of federal immigration laws, including limiting or restricting another governmental body from: (1) complying with an immigration detainer; (2) providing a federal immigration official access to an inmate for interview; (3) initiating an immigration status investigation; or (4) providing a federal immigration official with the incarceration status or release date of an inmate in custody of a state or local governmental body. (Current law allows a: (1) person lawfully domiciled in Indiana to bring an action to compel a governmental body to comply with these
Right to jury in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Garnishment of state tax refunds. 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 the part of a state tax refund not attributable to the state earned income tax credit otherwise due to the debtor. Specifies the procedures that the judgment creditor must follow in obtaining the garnishment from the department of state revenue. Allows a writ of garnishment to be electronically filed with the department of state revenue. Excludes from garnishment debt subject to a repayment plan
Access to identifying information. Requires the state registrar to search death certificates in the state registrar's possession and the federal limited access death master file if an eligible individual submits a request for the release of identifying information of a birth parent or adoptee. (Current law requires the state registrar to search death certificates in the state registrar's possession.) Provides, with exceptions under current law, that a consent of an adoptee or birth parent is not required if the individual requesting the identifying information submits records from the death master file indicating that the adoptee or birth parent is deceased.
Issues relating to the death of a minor. Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts.
Asbestos litigation. Provides special proceedings for asbestos claims. Requires a plaintiff who files a personal injury action involving an asbestos claim to provide information to all parties in the action regarding each asbestos claim the plaintiff has filed or anticipates filing against an asbestos trust. Provides that if a defendant identifies an asbestos trust not named by the plaintiff, the court shall determine whether to require the plaintiff to file a claim against the asbestos trust and to stay the immediate action.
Lien on vacant or abandoned real property. Provides that a tax sale certificate holder or an applicant for a tax deed who enters the premises of certain vacant or abandoned real property to perform the action of: (1) securing the real property; (2) removing trash or debris from the grounds of the real property; (3) landscaping, maintaining, or mowing the grounds of the real property; or (4) removing or painting over graffiti on the real property; has a lien on the real property equal to the amount of the reasonable value of labor performed and materials used to perform the
Amusement ride liability. Extends limited liability protection to operators and owners of regulated amusement devices in certain instances.
Battery on a sports official. Provides that battery on a certified athletic official is a Class A misdemeanor. Grants limited liability protection against civil lawsuits claiming injury or damages to certified athletic officials who: (1) inspect the playing surface and areas immediately adjacent to the playing surface for hazards before the start of an athletic contest; (2) determine if weather conditions are appropriate for beginning or continuing an athletic contest; (3) inspect game equipment before and during an athletic contest; (4) inspect players' equipment for safety and compliance with applicable rules before beginning an athletic contest; and (5) control an
Garnishment of wages. Provides that if: (1) a judgment debtor leaves employment with an employer who is garnishing the wages of the judgment debtor subject to a judgment obtained by a judgment creditor; (2) the judgment debtor subsequently returns to employment with the same employer; and (3) the judgment against the judgment debtor has not been satisfied; the judgment creditor must obtain a new judgment against the judgment debtor before the employer of the judgment debtor is required to resume garnishment of the wages of the judgment debtor.
Qualified terminable interest property trusts. Adds rules for the interpretation of qualified terminable interest property trusts. Provides that, under certain circumstances, an individual who contributes assets to a trust and whose spouse is a beneficiary of the trust at the time of the contribution may not be considered to be or treated as a settlor of the trust.
Immunity for accepting certain abandoned children. Provides immunity to an emergency medical services provider (provider) or the provider's employer who takes custody of a child that is voluntarily left by the child's parent if the provider takes custody of the child in good faith. Limits the extension of immunity for the provider to acts or omissions that do not result from the provider's gross negligence or willful, wanton, or intentional misconduct.
Affirmative defenses in eviction actions. Allows a tenant or a member of a tenant's household to establish an affirmative defense to an action brought by a landlord to evict the tenant or the member of a tenant's household from a rental premises if the tenant or member of a tenant's household presents evidence that the landlord's action is substantially in response to the tenant or the member of a tenant's household engaging in or causing the occurrence of at least one of the following acts within 12 months before the date the landlord brought the action: (1) Making a good
Public benefit corporation merger. Allows a public benefit corporation to merge with a state educational institution.
Marriage. Eliminates the requirement that: (1) individuals obtain a marriage license before being married; (2) a marriage be solemnized by an individual specified by state law; and (3) a marriage license be filed with a circuit court clerk and the state department of health. Provides for marriage by marriage contract by any two individuals who are competent to contract in Indiana or otherwise permitted to marry in Indiana.
Lawsuits against gun manufacturers. Prohibits a person from bringing certain actions against a firearms manufacturer, ammunition manufacturer, trade association, or seller, and makes the prohibition effective upon passage. Prohibits awards for attorney's fees and incurred costs in certain instances.
Tax deeds and conveyance documents. 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. 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 mailing receipts, copies of certified mail return receipts, returned mailing envelopes, 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
Consumer protection. Amends the statute concerning telephone solicitations of consumers (Indiana's "do not call" law) to provide that a person may not provide substantial assistance or support to a telephone solicitor, a supplier, or a caller if the person knows or consciously avoids knowing that the telephone solicitor, supplier, or caller has violated the "do not call" law or the statute concerning the regulation of automatic dialing machines. Specifies that a communications service provider: (1) does not violate this prohibition; and (2) is not subject to any criminal penalties or civil remedies set forth in the "do not call" law
Various tax sale matters. Makes numerous changes to the tax sale statute, including the following: (1) Provides that a purchaser of real property by an installment land contract may request notice of the tax sale list. (2) Adds an alternative provision for a county executive to transfer a tax sale property to a nonprofit entity. For purposes of these provisions, defines the "county executive" of Marion County to mean the board of commissioners (consisting of the county auditor, county treasurer, and county assessor). (3) Provides that a county treasurer may use money held on a person's behalf in the tax
Various child support matters. Makes various changes to family and juvenile law concerning the following: (1) Parties entitled to file a paternity action. (2) Petitions for child support. (3) Petitions for adoption. (4) Adoption decrees. (5) Duties of the child support bureau. (6) Costs of services for children and payments of child support. Repeals the Uniform Interstate Family Support Act currently in effect and replaces it with an updated version of the act. Makes technical corrections.
Probate claims study committee. Urges the legislative council to assign to an appropriate study committee the topic of whether a creditor's right to bring a claim against an estate should be extended beyond the current nine month period.
Criminal justice funding. Establishes the justice reinvestment advisory council (advisory council) to review and evaluate local corrections programs, grant applications, and the processes used to award grants. Requires the department to compile certain information and submit reports to the budget committee and advisory council. Specifies the purposes for which the department may award financial aid. Repeals the county corrections fund that provides funding to each county for operation of the county's jail, jail programs, or other local correctional facilities or community based programs. Requires a probation officer to consult with community corrections concerning programs available to the defendant in preparing
Wage payment and wage assignment. Provides that an employer who fails to make timely payment of wages or withholds wages shall pay the wages due, a reasonable fee for the plaintiff's attorney, and court costs. Provides that if a court finds that the failure to pay the employee was not in good faith, the court shall order that the employee be paid an amount equal to two times the amount of wages due the employee as liquidated damages. Provides that an employee may assign wages for: (1) the purchase, rental, or use of uniforms or equipment necessary to fulfill the
Patent protection. Prohibits a person from asserting a claim of patent infringement in bad faith. Provides that a court may, upon motion, require a person to post a bond if the target establishes a reasonable likelihood that the person has made an assertion of patent infringement in bad faith. Establishes remedies and damages. Exempts certain: (1) approved postsecondary educational institutions; (2) technology transfer organizations owned by or affiliated with approved postsecondary educational institutions; and (3) licensees holding patents from postsecondary educational institutions or technology transfer organizations owned by or affiliated with postsecondary educational institutions; from the provisions regarding bad faith
Civil immunity for volunteer health care providers. Specifies criteria for civil immunity from liability for certain volunteer health care providers. Requires the Indiana professional licensing agency to establish and maintain a health care volunteer registry. Provides that an approval of a location where the provision of health care services in which a provider may be immune from civil liability is valid for up to two years. Requires a person who meets the criteria for immunity from civil liability to provide a certain records and results of laboratory and imaging based screenings and tests to the patient. Requires that a person
Business and other associations. Makes changes to business and other association laws concerning the following: (1) Filing fees for agricultural cooperative associations. (2) Requirements regarding filings and fees for certain filings with the office of the secretary of state. (3) Delivering of documents by the office of the secretary of state. (4) Meetings of shareholders of corporations, including notice requirements. (5) Merger of a parent corporation with a wholly owned subsidiary of the parent corporation. (6) Administrative dissolutions. (7) Reporting requirements. (8) Correcting documents filed with the office of the secretary of state. Repeals provisions concerning the registration of the
Substantive problems in the Indiana Code. Resolves various nontechnical conflicts and problems not suitable for resolution in the annual technical corrections bill, including: (1) statutes that have been both amended and repealed; (2) ambiguous language and references; (3) faulty definitions; and (4) references to defunct entities. Replaces certain instances of "lieutenant governor" with "director of the Indiana office of energy development". Provides a definition of "small business ombudsman". Replaces instances of "ombudsman" with "small business ombudsman". (The introduced version of this bill was prepared by the code revision commission.)
Servicemembers civil relief act. Creates the servicemembers civil relief act. Provides that protections under Indiana's civil relief act supplement protections for servicemembers under the federal servicemembers civil relief act.
Immunity for damage caused rescuing a child. Grants civil immunity to a person who forcibly enters a locked motor vehicle for the purpose of rescuing a child. Does not extend civil immunity to acts involving gross negligence or willful and wanton misconduct.
Defense to liability concerning liquefied petroleum gas providers. Provides that the provider of liquefied petroleum gas that was used in: (1) liquefied petroleum gas equipment; or (2) a liquefied petroleum gas appliance; involved in causing bodily injury or property damage has an affirmative defense in any action brought against the provider if a person assumed the risk of causing the bodily injury or property damage because of certain actions taken by the person in unreasonably altering, modifying, repairing, or using the equipment or appliance. Changes the standard for altering petroleum gas equipment or appliances from "unreasonably alters" to "materially alters".
Limited liability arising from trespassing. Provides that a person who possesses any fee, reversionary, or easement interest in real property, including an owner, a lessee, or another lawful occupant of real property, does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser, after the trespasser has been discovered on the real property possessed by the person. Provides that the person may be subject to liability for physical injury or death to a child trespasser under certain circumstances.
Benefit corporations. Allows a business entity to incorporate as a benefit corporation under Indiana law.
Actions against a surveyor. Provides that an action to recover damages for a deficiency in a land survey must be brought against the surveyor not later than 10 years after the date of the survey.
Recreational facility immunity. Specifies the duties and responsibilities of the users and the operator of a recreational facility operated by an elementary, secondary, or postsecondary educational institution. Specifies that the operator of such a recreational facility who fulfills the operator's duties and responsibilities has a complete defense to a civil action. Makes conforming amendments.
Various probate and trust matters. Provides that a trust may incorporate by reference a document that exists at the time the trust is executed. Specifies that funeral expenses and expenses of a tombstone are expenses of administration. Expands the definition of "person" in certain cases under the probate code to include governmental entities and other legal entities. Provides that a nonprobate transfer to a testamentary trust: (1) is valid upon the will being admitted to probate; and (2) is not subject to claims against the probate estate. Allows a governmental entity or business entity (in addition to an individual) to
CHINS and delinquent child dual determination. Requires that in a child in need of services (CHINS) determination, a court shall determine if the child has been adjudicated as a delinquent child. Requires that in a delinquency determination, a court shall determine if the child is a child in need of services. Provides that if a child is a child in need of services and has been adjudicated as a delinquent child, a court may determine if the department of child services or the probation department of the court shall be the lead agency supervising the child. Creates procedures to determine
Unclaimed property act and savings bonds. Provides that, for purposes of the law concerning unclaimed property, United States savings bonds are presumed abandoned three years after the date the bonds stop earning interest. Provides that all property rights and legal title to United States savings bonds and proceeds from the bonds vest solely in the state. Requires the attorney general to: (1) collect any United States savings bonds escheated to the state, including any proceeds from the bonds; and (2) transfer all money received to the treasurer of state for deposit in the abandoned property fund. Allows a person who
Update of federal law citations. Makes technical corrections to federal law citations throughout the Indiana Code. (The introduced version of this bill was prepared by the code revision commission.)
Exemption of military reservists from jury duty. Provides that an individual who serves on reserve duty in the armed forces of the United States or the Indiana National Guard while on military orders is exempt from jury duty.
Garnishment of state tax refunds. 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. Specifies the procedures that the judgment creditor must follow in obtaining the garnishment from the department of state revenue. Allows a writ of garnishment to be electronically filed with the department of state revenue. Excludes from garnishment debt subject to a repayment plan if the repayment plan has not been breached. Exempts 50% of a
Religious freedom restoration. Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest. Provides a procedure for remedying a violation. Specifies that the religious freedom law applies to the implementation or application of a law regardless of whether the state or any other governmental entity or official is a party to a proceeding implementing or applying
Attorney and judicial discipline complaints. Permits a prosecuting attorney and a county public defender (including a contract public defender) to seek reimbursement from the state for reasonable attorney's fees incurred in defending against a charge of attorney misconduct if: (1) the alleged misconduct relates to the person's official duties or status as a prosecuting attorney or public defender; (2) the charge of misconduct does not result in a sanction (except for a private reprimand); and (3) the attorney general approves the reimbursement.
Synthetic drugs. Requires the publisher of the Indiana administrative code to publish a list of substances declared by the board of pharmacy to be synthetic drugs in a specific location in the Indiana administrative code, and requires the board of pharmacy to include a link to that provision of the Indiana administrative code on its Internet web site.
Human trafficking, promoting prostitution, and asset forfeiture. Allows a law enforcement agency to seize real or personal property, including a vehicle, that is used by a person to: (1) commit, attempt to commit, or conspire to commit; (2) facilitate the commission of; or (3) escape from the commission of; an offense concerning human trafficking or promoting prostitution.
Religious exemption in state and local contracts. Provides that a contract entered into, modified, or renewed by the state or any of its political or civil subdivisions after June 30, 2015, with a religious corporation, an association, an educational institution, or a society must include language stating that, to the extent permitted under executive order 13279 or Title VII of the federal Civil Rights Act of 1964, as amended, the religious corporation, association, educational institution, or society is not prohibited from giving a preference in employment to individuals of a particular religion or requiring that all employees and applicants conform
Jury service review. Permits a nursing mother who is denied permission to defer jury service to request the trial judge to reconsider her request for deferral.
Liability of a real estate licensee. Provides that a licensed real estate broker is not liable for certain real estate related reports, statements, or information except in certain circumstances. Adds a reference to the list of statutes that grant immunity from civil liability.
Protective orders and employment. Provides that an employer may not terminate an employee or discriminate against an employee with respect to compensation, benefits, or terms and conditions of employment based on the filing by the employee of a petition for a protective order, whether or not the order has been issued.
Debt collection. Amends the statute concerning deceptive consumer sales as follows: (1) Defines the term "debt buyer". (2) Specifies that a debt buyer is a debt collector for purposes of the statute. (3) Requires a debt collector to make certain disclosures to an Indiana debtor. (4) Provides that the failure to make the required disclosures constitutes a deceptive act under the statute. (5) Specifies that the attorney general's authority to recover a civil penalty not exceeding $1,000 for knowing violations of the provisions concerning debt collection practices applies to each violation of the provisions per consumer, subject to a cap
Uniform Voidable Transactions Act. Enacts the Uniform Voidable Transactions Act, governing the ability of a creditor to nullify certain transfers made by a debtor.
Medical malpractice caps. Increases the medical malpractice cap from $1,250,000 to $1,650,000 for claims arising after June 30, 2015. Provides that payments from the patient's compensation fund are to be disbursed not later than 60 days after the issuance of a final, nonappealable judgment. Increases pay for medical review panel members from $350 to $500. Increases potential pay for the medical review panel chairperson from $2,000 to $2,500. Increases the maximum potential liability of a qualified health care provider for an occurrence of malpractice from $250,000 to: (1) $300,000; or (2) $400,000 if the action against the health care provider
Terminating the parent-child relationship. Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating
Religious freedom restoration act. Provides that a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering the compelling governmental interest. Provides that a person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a state or local government action may assert the burden as a claim or defense in a judicial proceeding, regardless of
Religious liberties for students. Provides that a public school shall not discriminate against the school's students or parents of the school's students on the basis of a religious viewpoint or religious expression.
Right to jury in certain administrative proceedings. Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.
Hospital liens. Amends the law concerning hospital liens to allow a hospital lien to apply to a judgment, cause of action, suit, or claim accruing to a patient under: (1) a policy of disability insurance; or (2) automobile or homeowner's insurance that provides for medical payments. Makes a conforming amendment.
Support for postsecondary educational expenses. Provides that a child support order or educational support order may not include amounts for a child's educational expenses at a postsecondary educational institution unless the party to whom the order applies has entered into an agreement to pay amounts for the child's educational expenses at a postsecondary educational institution. Makes provisions in an order that include amounts for educational expenses at a postsecondary educational institution void unless the party to whom the order applies has entered into an agreement to pay those expenses. Makes conforming changes to remove references to educational support for postsecondary
Abandoned structure liens. Provides that a person who repairs, cleans up, or maintains a neighboring abandoned structure is entitled to a lien on the property, not to exceed the lesser of: (1) the fair market value of the work performed; or (2) $10,000. Establishes a procedure for creating, filing, and enforcing the lien. Provides that any of the following may repair, clean up, or maintain an abandoned structure (and may assert, file, and enforce a lien) on behalf of one or more property owners whose property bears the specified geographic proximity to an abandoned structure: (1) A neighborhood association. (2)
Mortgage foreclosures. Amends the statute governing the foreclosure of mortgaged real estate to permit an enforcement authority that has issued an abatement order with respect to foreclosed property to file a praecipe for a sheriff's sale of the property if a person files a praecipe for sale, cancels the sale, and a sale does not take place within 180 days after the later of: (1) the filing of the judgment and decree; or (2) the elapse of three months after the date the complaint was filed.
Claim deadlines. Removes provisions barring certain claims filed against a decedent's estate more than nine months after the date of the decedent's death.
Truancy and runaways. Repeals provisions allowing juvenile courts to modify disposition orders concerning truancy and runaways.
Foreclosure prevention and post-foreclosure leases. Requires a court, in a mortgage foreclosure action with respect to an occupied dwelling, to consider evidence concerning the effect of the foreclosure. Requires the court to withhold entry of judgment in a foreclosure action for 180 days if the court finds: (1) entry of a judgment of foreclosure will have a negative effect on the occupant or neighborhood or may lead to the house becoming vacant; and (2) there is a reasonable possibility that withholding entry of judgment in a foreclosure action will reduce the negative effects. Permits a court to require a mortgagee
Mortgage foreclosure. Provides that, at any time after a judgment and decree of sale is entered in an action to foreclose a mortgage on an interest in real property, a purchaser or an omitted lienholder may bring a civil action to: (1) determine the extent of the omitted lienholder's interest; (2) determine the amount of the proceeds from the judicial sale to which the omitted lienholder may be entitled; (3) determine the liability and the extent of liability due to negligent misrepresentation, professional malpractice, or negligence on the part of a participant in the foreclosure action who, in the course
Proceedings supplementary for judgment debtors. Provides that if it is established at a hearing that a judgment debtor is not able to pay a judgment, the judgment creditor may seek a subsequent order from a court to compel the judgment debtor to appear at a proceeding supplementary concerning the judgment debtor's property, income, or other assets. Provides that if it is established at the proceeding supplementary that a judgment debtor has recently: (1) acquired property or other assets in the care of; or (2) begun new employment with; a proposed garnishee defendant, the court shall make the property, assets, or
Asbestos litigation. Provides special proceedings for asbestos claims. Requires a plaintiff who files a personal injury action involving an asbestos claim to provide information to all parties in the action regarding each asbestos claim the plaintiff has filed or anticipates filing against an asbestos trust. Provides that if a defendant identifies an asbestos trust not named by the plaintiff, the court shall determine whether to require the plaintiff to file a claim against the asbestos trust and to stay the immediate action.
Jury duty deferrals for postsecondary students. Provides that a prospective juror who is a full-time student enrolled in and attending an approved postsecondary educational institution during an academic year shall be exempted from jury service until the end of the academic year if: (1) the prospective juror requests a deferral by notifying the jury administrator that the prospective juror is a full-time student enrolled in and attending an approved postsecondary educational institution; (2) the prospective juror provides proof to the jury administrator that the jury service will likely interfere with the prospective juror's class schedule during the academic year; and
Solemnizing marriages. Provides that a minister of a religious organization may solemnize a marriage.
Liens on real property. Provides that if: (1) a person intends to acquire a lien on real property after June 30, 2015; and (2) there is no requirement under any other state law that the person or another person must notify the owner of the real property of the person's intention to acquire the lien; the person who wishes to acquire the lien must file a sworn statement and notice of the person's intention to acquire the lien in the county recorder's office of the county in which the real property is located. Requires the county recorder to: (1) record
Internet media. Prohibits a person doing business in Indiana as an Internet media service from entering into a contract with an individual who is less than 18 years of age. Provides for an individual who is damaged as a result of a violation to file a complaint with the attorney general. Specifies civil remedies for a violation.
Prices charged to retailers by suppliers. Provides that a supplier commits an unconscionable act that is treated the same as a deceptive act under the deceptive consumer sales law if the supplier refuses to sell to a retailer with which the supplier has done business within the previous two years a good that is a food or beverage product at the same price that the supplier sells the good to any other retailer. Establishes exceptions. Provides that certain deceptive consumer sales provisions do not apply to the unconscionable act. Requires a court to award to a retailer the difference between
Counsel for children charged with delinquent acts. Provides that, unless or until a valid waiver of the right to counsel has been or is made, a court shall appoint counsel for a child charged with a delinquent act if certain circumstances apply. Establishes requirements for waiving the child's right to counsel. Allows a waiver of the child's right to counsel to be withdrawn at any time. (This bill codifies Rule 25 of the Indiana Rules on Criminal Procedure.)
Use of proceeds from forfeited property. Provides that: (1) money; or (2) proceeds from the sale of property; that has been seized and forfeited because of its connection to the violation of certain criminal statutes may not be used to purchase a passenger motor vehicle if the value of the motor vehicle is greater than the maximum value of a Class XV vehicle as determined under the law concerning the motor vehicle excise tax. (Under current law, the value of a Class XV vehicle is at least $30,000 but less than $35,000.)
Passenger restraint systems. Repeals: (1) provisions specifying that failure to comply with the laws concerning safety belt and child passenger restraint system use does not constitute fault or contributory negligence; and (2) a prohibition against the admission of evidence of failure to comply with the law concerning safety belt use in civil actions to mitigate damages.
Various business entity matters.
Telephone solicitations.
Unclaimed property.
Right to hunt, fish, and harvest wildlife.
Marriage.
Agricultural operations and trespass.
INDOT eminent domain actions.
Immunity for providing volunteer health care.
Garnishment of state tax refunds.
Military personnel jury service exemptions.
Condominium unit liens.
Dissolution in cases of domestic violence.
Actions against a surveyor.
Prices charged to retailers by suppliers.
Child protection registry.
Security freezes for protected consumers.
Redistricting.
Marriage amendment ballot language.
Funding of lawsuits.
Civil liability with respect to certain fuels.
Legal costs and attorney fees.
Property on loan to museums.
Passenger restraint systems.
Court oversight of certain charitable trusts.
Mortgage foreclosures.
Benefit corporations.
Appealable orders.
Liens by municipally owned water utilities.
Indiana Permanent Fund.
Support for postsecondary educational expenses.
Designation of justice after recusal.
Homeowners associations.
Protection of private real property rights.
Guardian filing for dissolution of marriage.
Minors filing protective orders.
Castle doctrine and vicarious liability.
Duties of Article V convention delegates.
Appointment of delegates to Article V convention
Homeowners association covenants.
Nonnamed parties in foreclosure actions.
Ice skating rink liability.
Hospital liens and ambulance liens.
Unclaimed property.
Senior consumer protection act.
Various business law matters.
Donations of agricultural products and livestock.
Various privacy issues.
Knowledge imputed to real estate broker.
School liability.
Immediate detention.
Secretary of state filings and recordings.
Probate and trust administration.
Civil immunity for services in emergency.
Adoption history information.
Rental purchase agreements.
Child protection registry.
Article V convention.
Constitutional right to hunt and fish.
Elections by secret ballot.
Petition for name change.
Mortgage foreclosure counseling and education fee.
Deceptive consumer sales law.
Hospital liens and ambulance liens.
Abandoned houses.
Marriage.
Sewer and storm water fees incurred by tenants.
Marriage.
Limited liability arising from trespassing.
Local government and mediation.
Nuisance actions.
Water liens.
Indirect contempt of court.
Foreclosure prevention.
Agritourism liability.
Telephone privacy issues.
Data privacy.
Water liens.
Accessible parking spaces.
Claim deadlines.
Priority liens for maintenance expenses.
Service of warrants for unsafe buildings.
Statute of limitations on land surveys.
Joint legal custody.
Real estate matters.
Partition fences.
Disability antidiscrimination.
Sewer liens for tenant occupied property.
Abandoned structure liens.
Bankruptcy exemptions.
Right to ranch and farm.
Great-grandparent visitation rights.
Term of office of county auditor.
Allows prosecuting attorney to file child in need of services (CHINS) petition.
Military reservist exemption from jury duty.
Passenger restraint systems.