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SPONSORED LEGISLATION
HB1222 - Residential real estate service agreements.
Craig Haggard, Gerald R. Torr, Doug Miller
Last updated 9 months ago
6 Co-Sponsors
Residential real estate service agreements. Defines a "residential real estate service agreement" as an agreement: (1) under which a service provider agrees to provide one or more services: (A) in connection with the maintenance, purchase, or sale of residential real estate; and (B) that are not to be performed in their entirety within one year after the agreement is entered into; and (2) that: (A) purports to run with the land or to be binding on future owners; (B) allows for the assignment of the right to provide one or more of the services under the agreement without the consent of the owner of the residential real estate; or (C) purports to create a lien or an encumbrance on, or a security interest in, the residential real estate. Provides that a residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable. Prohibits a person from recording after March 14, 2024, a residential real estate service agreement in Indiana, regardless of when the residential real estate service agreement is entered into. Provides that a county recorder, or an employee of a county recorder, who records a residential real estate service agreement that is presented to the county recorder's office for recording is not civilly liable under the bill's provisions, regardless of when the recording occurs. Provides that if a residential real estate service agreement (agreement) is recorded in Indiana after March 14, 2024, any person with an interest in the residential real estate that is the subject of the agreement may: (1) apply to a court in the county in which the agreement is recorded for a declaratory judgment declaring the agreement unenforceable; and (2) recover the person's actual damages against any service provider that: (A) is a party to the agreement; and (B) recorded, or caused to be recorded, the agreement. Provides that a service provider that: (1) enters into a residential real estate service agreement with any person; or (2) records, or causes to be recorded, a residential real estate service agreement in Indiana; after March 14, 2024, commits a deceptive act that is subject to the remedies and penalties under the deceptive consumer sales act (act), including an action by the attorney general under the act. Provides that the bill's provisions do not apply to: (1) a residential real estate service agreement entered into before March 15, 2024 (except as otherwise provided in the bill); or (2) certain specified products, contracts, rights, agreements, services, or liens.
STATUS
Passed
HB1032 - Legislative notaries.
Gerald R. Torr, Aaron Freeman, Eric Allan Koch
Last updated 8 months ago
4 Co-Sponsors
Legislative notaries. Makes stylistic and technical changes to the statute that confers notarial powers on members of the general assembly, the principal clerk of the house of representatives, and the principal secretary of the senate. Provides that the power of a legislative notary expires: (1) on the date the current term of office of the individual expires, if the individual is a member of the general assembly; or (2) on the date the term of the current general assembly expires, if the individual is the principal clerk of the house of representatives or the principal secretary of the senate. (Current law does not state when the power of a legislative notary expires.) Provides that a legislative notary must indicate on a document that the legislative notary signs the date the legislative notary's power expires. (Under current law, a legislative notary who is a member of the general assembly must indicate on the document when the individual was elected to the general assembly. The law does not currently impose such a requirement on the principal clerk of the house of representatives or the principal secretary of the senate.) Provides that a legislative notary may administer oaths, protest notes, and checks without attesting the act by a seal. Specifies that the word "seal" does not need to be contained within an electronic seal or official seal.
STATUS
Passed
HB1143 - Disposal of firearms via trade for new equipment.
Jim Lucas, Steve Bartels, Christopher P. Jeter
Last updated 9 months ago
10 Co-Sponsors
Disposal of firearms via trade for new equipment. Permits a law enforcement agency to dispose of certain confiscated firearms by trade with a licensed firearms dealer, a licensed firearm manufacturer, or another law enforcement agency in exchange for new firearms and other law enforcement equipment. Sets forth the recording and reporting requirements for the trade of firearms by a law enforcement agency.
STATUS
Passed
SB0018 - Various probate matters.
Elizabeth M. Brown, Eric Allan Koch, Cynthia E. Carrasco
Last updated 8 months ago
6 Co-Sponsors
Various probate matters. Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)
STATUS
Passed
HCR0020 - Recognizing Wednesday, February 14, 2024, as a day to honor the work and mission of the Indiana Region of the American Red Cross.
Edward D. Clere, Michael Karickhoff, Gerald R. Torr
Last updated 10 months ago
9 Co-Sponsors
Recognizing Wednesday, February 14, 2024, as a day to honor the work and mission of the Indiana Region of the American Red Cross. A CONCURRENT RESOLUTION recognizing Wednesday, February 14, 2024, as a day to honor the work and mission of the Indiana Region of the American Red Cross.
STATUS
Passed
HB1068 - Unlicensed real estate solicitors.
Edward D. Clere, Christopher P. Jeter, Gerald R. Torr
Last updated 9 months ago
10 Co-Sponsors
Unlicensed real estate solicitors. Defines an "unlicensed real estate solicitor". Requires an unlicensed real estate solicitor to include a specific disclosure on all solicitations promoting the unlicensed real estate solicitor's intent to purchase a residential, single-family home. Provides requirements for listing agreements and buyer agency agreements. Provides remedies to a homeowner that enters into an agreement with an unlicensed real estate solicitor. Provides that it is a deceptive act enforceable by the attorney general for an unlicensed real estate solicitor to solicit the sale or purchase of real estate without the required disclosure.
STATUS
Passed
HB1034 - Insurance and transfer on death deeds.
Gerald R. Torr, Eric Allan Koch, Lonnie Marcus Randolph
Last updated 9 months ago
4 Co-Sponsors
Insurance and transfer on death deeds. Extends insurance coverage on property transferred by a transfer on death transfer following the death of the insured after December 31, 2024, for property and casualty insurance and liability insurance other than title insurance and certain insurance relating to bonds and mortgages. Allows certain warning language to be included in a transfer on death deed executed after December 31, 2024. Provides that a failure by a beneficiary to file an affidavit in the office of the recorder of the county in which the real property is located or a delay by the county recorder in recording the affidavit does not affect the validity of the transfer on death transfer to the beneficiary. Provides that until the affidavit is recorded, the transfer on death beneficiary or beneficiaries named in the transfer on death deed and the estate of the deceased owner are jointly and severally liable for property taxes assessed with respect to the real property for assessment years beginning with the assessment year in which the owner's death occurs. Provides that if a transferee obtains a property and casualty insurance policy or liability insurance policy insuring the real or personal property the transferee acquired or received through a transfer, the transferee is not an insured on the insurance policy of the transferor once the transferee's property and casualty insurance policy or liability insurance policy becomes effective.
STATUS
Passed
HB1235 - Prohibited causes of action concerning firearms.
Christopher P. Jeter, Ethan Manning, Michelle Davis
Last updated 8 months ago
10 Co-Sponsors
Prohibited causes of action concerning firearms. Provides that only the state of Indiana may bring or maintain an action by or on behalf of a political subdivision against a firearm or ammunition manufacturer, trade association, seller, or dealer, concerning certain matters. Prohibits a political subdivision from otherwise independently bringing or maintaining such an action. Specifies exceptions.
STATUS
Passed
HB1107 - Local regulation of consumer fireworks.
Donna Schaibley, Gerald R. Torr
Last updated 11 months ago
2 Co-Sponsors
Local regulation of consumer fireworks. Prohibits a county or municipality (unit) from limiting the use of consumer fireworks between certain hours on July 4, December 31, and January 1. (Current law prohibits a unit from limiting the use of consumer fireworks between certain hours on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9.)
STATUS
Introduced
HB1372 - Driving privilege cards.
Michael Karickhoff, Gerald R. Torr, Earl L. Harris
Last updated 11 months ago
3 Co-Sponsors
Driving privilege cards. Provides that an individual who is an Indiana resident and cannot provide proof of identity and lawful status in the United States may apply for a driving privilege card to obtain driving privileges. Sets forth the requirements to obtain a driving privilege card. Provides that a driving privilege card may not be used as identification for any state or federal purpose (other than to confer driving privileges), for the purpose of voting, or to verify employment. Requires an individual who holds a driving privilege card and operates a motor vehicle to verify and continuously maintain financial responsibility on any motor vehicle operated by the individual who holds the driving privilege card in the amount required by law. Provides that the bureau of motor vehicles may not disclose certain information unless presented with a lawful court order or judicial warrant. Requires an applicant for a driving privilege card or driving privilege card renewal to sign up for selective service. Requires the bureau of motor vehicles to submit an annual report to the legislative council and the interim study committee on roads and transportation. Makes conforming amendments. Makes technical corrections.
STATUS
Introduced
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Representative from Indiana district HD-039
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Indiana House
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