2014 Vol. 98 No. 4

17 HќќѠіђџȱ юћјђџ ѝџіљ 2014 develop or distribute a credit score for a consumer, if the credit score is based on a methodology in which ‘ŽȱŒ›Ž’ȱœŒ˜›Žȱ’œȱŠŸŽ›œŽ•¢ȱŠěŽŒŽȱ by certain designated credit inquiries made with respect to the consumer. Furthermore it provided that a creditor may not use as a negative ŠŒ˜›ȱ’—DZȱǻŗǼȱŽŸŠ•žŠ’—ȱŠȱŒ˜—œž–Ž›Ȃœȱ creditworthiness, credit standing or credit capacity; or (2) determining a Œ˜—œž–Ž›ȂœȱŽ•’’‹’•’¢ȱ˜›ȱŒ›Ž’ȱ˜›ȱ‘Žȱ terms or costs of any credit extended to a consumer — any designated credit inquiries made to a consumer reporting agency with respect to the consumer. It provided that a creditor may not use as a factor in: (1) evaluating a Œ˜—œž–Ž›ȂœȱŒ›Ž’ ˜›‘’—ŽœœǰȱŒ›Ž’ȱ standing or credit capacity; or (2) ŽŽ›–’—’—ȱŠȱŒ˜—œž–Ž›ȂœȱŽ•’’‹’•’¢ȱ for credit or the terms or costs of any credit extended to a consumer — any credit score generated for the consumer, if the credit score is based on a methodology in which the credit œŒ˜›Žȱ’œȱŠŸŽ›œŽ•¢ȱŠěŽŒŽȱ‹¢ȱŠ—¢ȱ designated credit inquiries made with respect to the consumer. The bill provided that any employee at a bank that violates these provisions commits a deceptive act ‘Šȱ’œȱœž‹“ŽŒȱ˜ȱ‘Žȱ™Ž—Š•’ŽœȱœŽȱ forth in the statute concerning deceptive consumer sales. What you need to know: The bill essentially prohibited a lender from utilizing a credit score that incorporates credit inquiries as a part of the score calculation through making the use of it a deceptive act. Unfortunately the bill did not take into account that lenders do not generally create credit scores and are only reliant upon them for accurate information ˜ȱŠœœ’œȱ’—ȱŽŸŠ•žŠ’—ȱŠȱ‹˜››˜ Ž›Ȃœȱ risk. This bill would have had disas- ›˜žœȱŒ˜—œŽšžŽ—ŒŽœȱ˜ȱŠ••ȱ˜ȱ —’Š—ŠȂœȱ ꗊ—Œ’Š•ȱ’—œ’ž’˜—œȱ’ȱ’ȱ Ž›Žȱ˜ȱ‘ŠŸŽȱ passed. The IBA was opposed to any prohibition on a lender for utilizing a credit score with a credit inquiry. HB 1157 – Open-Market PACE program – Ž™ǯȱ Š—ȱ ˜›ŽœŠ•ǰȱ Ȭ —’- anapolis What the bill proposed: The bill authorized the legislative body of a local governmental unit to designate an area as a clean energy improve- –Ž—ȱꗊ—Œ’—ȱ’œ›’ŒȱŠ—ȱŠž‘˜›’£Žȱ ꗊ—Œ’—ȱ˜ȱŒŽ›Š’—ȱšžŠ•’ꮍȱŒ•ŽŠ—ȱ energy improvements, including reduced water consumption and waste water discharges, through assessments. It required the Utility Regulatory Commission to adopt rules to establish technical guidelines to assist ž—’œȱ’—ȱŠ–’—’œŽ›’—ȱŠȱ’œ›’ŒȂœȱ program. What you need to know: Rep. Forestal, the bill author, approached the IBA last summer to work with him to craft an agreeable bill. The IBA was insistent on the protection ˜ȱŠȱ•Ž—Ž›Ȃœȱ•’Ž—ȱ›’‘œǯȱ ȱ‹’••œȱ from previous sessions created a local government superior lien to that of the lender. The Hoosier Environmental Council, the group largely behind the origination of this legislation, continues to push for a superior lien to the lenders. Forestal worked with the IBA and other interested parties ˜ȱŽ—œž›Žȱ‘Šȱ•Ž—Ž›Ȃœȱ•’Ž—ȱ›’‘œȱ Ž›Žȱ™›˜ŽŒŽȱ’—ȱ‘Žȱꗊ•ȱ›Šǯȱ œȱ a result, the IBA was neutral on the legislation. HB 1255 – Local Government Investments – Rep. John Price, R-Greenwood What the bill proposed: The bill provided the state treasurer the authority to establish a program that permits political subdivisions to invest public deposits in a highyield savings account at an approved ™ž‹•’ŒȱŽ™˜œ’˜›¢ȱŠ—ȱ™Ž›–’ĴŽȱ‘Žȱ public depository receiving the deposit to redeposit the money in other ŽŽ›Š••¢ȱ’—œž›Žȱꗊ—Œ’Š•ȱ’—œ’ž- tions located in the United States. What you need to know: This bill was initiated by State Treasurer Richard Mourdock. It was intended to provide local governments the ability to seek a higher yield on their deposits, if available. The IBA had strong concerns about the language &RQWLQXHG RQ SDJH

RkJQdWJsaXNoZXIy MTg3NDExNQ==