The following is a list of legislative updates provided by the Indiana Office of Court Services. To read more updates, visit indianacourts.us/legislative.
Resolution urging spousal and educational support study committee
The Senate Judiciary Committee heard SR 32 urging a study committee for spousal and educational support authored by Sen. Delph. The resolution urges the legislative council to assign to the appropriate study committee the topic of spousal support and educational support.
Testimony in support of the resolution was presented by and Andrew Soshnick of the Indiana State Bar Association. The resolution passed on a vote of 8-0.
Read the resolution iga.in.gov/legislative/2018/resolutions/senate/simple/32.
Resolution urging the Indiana federal congressional delegation to support efforts to modify the United States Bankruptcy Code venue requirements
The Senate Judiciary Committee heard SR 39 urging the Indiana federal congressional delegation to support efforts to modify the United States Bankruptcy Code venue requirements authored by Sen. Bray. The resolution passed on a vote of 8-0.
Read the resolution at iga.in.gov/legislative/2018/resolutions/senate/simple/39.
Kosciusko County Superior Court
For amend and vote only, the House Ways and Means Committee heard SB 126, sponsored by Rep. Wolkins and Rep. Klinker, on adding a fourth judge to the Kosciusko County Superior Court.
The bill was amended to add magistrates in Putnam, Scott, and Jefferson counties. The amendment also changes the effective date to July 1, 2019. The amended bill passed 18-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/126.
Child support
The House Judiciary Committee heard SB 179 pertaining to child support sponsored by Rep. Mayfield. The bill provides that:
- Incarceration of a parent may not be considered voluntary unemployment in determining an amount to be ordered for support of a child,
- A court may modify the child support order, or approve a proposed modification, without holding a hearing if: (1) a petition to modify a child support order based on incarceration of a party is filed; and (2) after receiving notice, no party files an objection or request for a hearing within 30 days,
- Requires the child support bureau, beginning July 1, 2019, to notify both parties of each party’s right to request a modification of the child support order not later than 15 days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least 180 calendar days,
- Requires a prosecuting attorney or private attorney entering into an agreement or a contract with the bureau to review all requests for modification of child support due to the incarceration of an obligor within an open Title IV-D case and, if appropriate, file a petition for modification of child support and proposed order in the appropriate court.
Testimony was presented in favor of the bill by the Child Support Bureau and the Prosecuting Attorneys Council. Rep. Young referenced Indiana’s Lambert case, 861 N.E.2d 1176 (Ind. 2007) about the bill. The committee adopted an amendment permitting a court to modify the support order if no request for hearing or objection is filed within 30 days. The amended bill passed 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/179.
Various property issues
The House Judiciary Committee heard SB 197 on various property issues sponsored by Rep. Ober. The bill, in part:
- Amends the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors,
- Amends the Indiana Code provision concerning the establishment of property lines by means of a legal survey to: (1) eliminate the exception to the required notice when all adjoining landowners consent in writing; and (2) specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession,.
Testimony was presented by the Indiana Board of Land Surveyors. The bill was amended by consent to remove the provision regarding adverse possession. The amended bill passed 8-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/197.
Emotional support animals
The House Judiciary Committee heard SB 240 relating to emotional support animals sponsored by Rep. Siegrist. The bill 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, and 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 dwelling commits a Class A infraction.
Testimony in support of the bill was presented by Indiana K-9 Assistance Group, Granite Student Living, Manufactured Housing Association, and the Indiana Apartment Association.
Testimony in opposition was presented by the Fair Housing Center of Central Indiana and the Indiana Civil Rights Commission. The bill passed 8-1.
Read the bill at iga.in.gov/legislative/2018/bills/senate/240.
Creditors’ rights
The House Judiciary Committee heard SB 247 concerning creditors’ rights sponsored by Rep. Steuerwald. The bill makes various changes to probate and trust law relating to creditors’ claims, claims against non-probate transferees, and no contest provisions in wills and trusts and conforming changes.
Testimony was presented by Rep. Koch in support of the proposed amendment which was adopted by consent. The amended bill passed 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/247.
Immunity for reports of suspected abuse or neglect
The House Judiciary Committee heard SB 431 concerning immunity for reports of suspected abuse or neglect sponsored by Rep. Steuerwald. The bill provides immunity from civil and criminal liability to a person who assists with or participates and a health care provider who provides professional intervention; in an investigation by DCS resulting from a report that a child may be a victim of child abuse or neglect. It also provides that immunity provisions do not apply to actions brought against qualified health care providers for medical malpractice or for a person who has acted with gross negligence or willful or wanton misconduct.
The bill was amended to provide immunity for reports of animal abuse if seen by the caseworkers or others investigating reports of child abuse in the home. The bill passed committee as amended 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/431.
Action for contribution by railroad entities
The House Judiciary Committee heard SB 436 concerning action for contribution by railroad entities sponsored by Rep. Lehman. The bill 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.
Testimony was presented in opposition to the bill by Smart Railroad Employees, Norfolk Southern Railroad and the Indiana State Brotherhood of Railroaders. John Duffy, attorney, spoke in support of the bill. The bill passed 8-1.
Read the bill at http://iga.in.gov/legislative/2018/bills/senate/436.
Unlawful indemnity agreements
The Senate Civil Law Committee heard HB 1015 sponsored by Sen. Bray, Sen. Tallian and Sen. Glick on unlawful indemnity agreements. The bill provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts in response to a 2017 Court of Appeals decision (Wilhem Construction v. Secura Insurance, 86 N.E.3d 234 (Ind. Ct. App. 2017). The second section of the bill specifies that a provision in a professional services contract that requires indemnification and defense of a promisee for certain liability is void. 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.
The bill was amended to remove the second section and refer the matter to a summer study committee. Extensive testimony was heard from the insurance industry, trade associations, and industry practitioners. The amended bill passed 6-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1015.
Trial records
The Senate Judiciary Committee heard HB 1173 pertaining to trial records sponsored by Sen. Bohacek. The bill:
- Permits a victim (or the spouse or an immediate family member of a deceased victim) to obtain, free of charge, an electronic copy of the transcript of criminal proceedings in the victim’s case, and
- Requires a prosecuting attorney or victim assistance program to assist the victim, spouse, or immediate family member in obtaining the transcript.
Testimony was presented in support of the bill by the Indiana Prosecuting Attorneys Council. The bill passed upon a vote of 7-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1173.
Qualifying egg banks
The Senate Judiciary Committee heard HB 1203 pertaining to qualifying egg banks sponsored by Sens. Becker, Breaux, Mishler and Crider. The bill:
- Amends the definition of “qualified third party” and changes the term to “qualified egg bank” in the law regarding unlawful transfer of a human organism,
- Specifies qualifications for a physician overseeing medical services related to ovum cryopreservation,
- Specifies requirements that must be met by a fertility clinic or similar medical facility in order to be considered a qualified egg bank, and
- Exempts from the criminal offense of unlawful transfer of a human organism the payment to or receipt by a qualified egg bank of an amount for: (1) the retrieval of a human ovum; (2) the cryopreservation of a human ovum; (3) the transportation of a human ovum; or (4) other aspects of specified treatments or procedures to enhance human reproductive capability.
Testimony in support of the bill was presented by Dr. Bradford Bopp and in opposition to the bill by the Indiana Catholic Conference. The bill passed on a vote of 7-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1203.
Use of purple marks to deny entry to property
The Senate Civil Law Committee heard HB 1212 sponsored by Sen. Messmer on the use of purple marks to deny entry to property. The bill adds a tool to current trespassing law by authorizing the use of purple marks to post real property against trespassers.
Indiana Farm Bureau testified in support of the bill. The bill passed 4-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1212.
CBD oil and industrial hemp
The Senate Corrections and Criminal Law heard HB 1214 sponsored by Sen. Young on CBD oil and industrial hemp. The bill repeals all provisions concerning the cannabidiol registry and a “substance containing cannabidiol” (all added by HEA 1148-2017) and legalizes CBD oil, repeals superseded provisions relating to cannabidiol registration, and establishes that there is sufficient probable cause to issue a warrant if a trained and certified narcotics detection canine lawfully indicates and detects industrial hemp or CBD oil.
The bill was amended to instead define “low THC hemp extract” as a product derived from Cannabis sativa L. that contains not more than 0.3 percent delta-9-THC and no other controlled substances. It also establishes requirements for the manufacture and sale of low THC hemp extract. The amended bill passed 6-2.
Read the bill at: iga.in.gov/legislative/2018/bills/house/1214.
Data concerning youth in adult court
The Senate Judiciary Committee heard HB 1228 pertaining to data concerning youth in adult court sponsored by Sen. Head. The bill requires the Criminal Justice Institute to track certain information concerning juveniles under the jurisdiction of an adult court due to a juvenile court not having jurisdiction, track certain information concerning waivers of juvenile court jurisdiction, and publish the information annually.
The bill was amended by consent. Testimony was presented in support of the bill by Indiana State Bar Association, Indiana Public Defender Council, and the Marion County Public Defender Office. The amended bill passed on a vote of 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1228.
Veterans matters
The Veterans Affairs and The Military Committee heard HB 1402 sponsored by Sen. Boots on veterans matters. This bill originally required the Indiana Department of Veterans’ Affairs to perform an electronic query of the records maintained in Odyssey on a weekly basis to obtain arrestee information and cross reference the names obtained with the names of individuals in the U.S. Department of Defense data base whose military service qualifies the individual for veterans benefits and national guard registries. The bill additionally allows the information to be shared with county prosecutors and veterans courts to benefit veterans in the court system.
This bill was amended by consent to urge the legislative council to assign the task of studying the feasibility of establishing and administering an electronic system to provide the Indiana Department of Veterans’ Affairs with criminal case information to the appropriate interim study committee. The amended bill passed 8-0.
Read the bill at: iga.in.gov/legislative/2018/bills/house/1402.