18 Hoosier Banker June 2015 The language creating a database was removed, due to security concerns. HB 1631 – Identification Cards Without an Image Rep. Robert Morris, R-Fort Wayne Sen. Travis Holdman, R-Markle Bill summary: Requires the Bureau of Motor Vehicles to issue a photoexempt identification card (“card”) that does not bear the image of the holder. Requires that an application for a card, among other requirements, must contain a digital image of the applicant. Provides that an individual may not have a card and a driver’s license or identification card at the same time. Provides that a retailer, which in good faith accepts a card as proof of identification for a retail transaction, is immune from civil liability that may occur as a result of the acceptance. Sets a fee of $11.50 for the issuance, renewal, amendment or replacement of a card. Makes technical corrections and corresponding changes. Details: The bill was filed by a legislator whose district contains a large Amish population in the northeastern section of the state. The bill is aimed to address religious concerns the Amish have related to having photos taken. The IBA supported the bill, as it requires the state to assume the responsibility of creating a standard and uniform document that verifies individuals without an accompanying photo to be used for commercial transactions. SB 7 – Abandoned Mobile Homes Sen. Brent Steele, R-Bedford Rep. Casey Cox, R-Fort Wayne Bill summary: Makes changes to the procedure in current law for the sale or salvage of an abandoned mobile home located on private property. Provides, except in the case of an abandoned mobile home offered for sale at auction, that the Bureau of Motor Vehicles may not transfer the title to a mobile home or change the names on the title to a mobile home, unless the owner holds a valid permit issued by the county treasurer. Provides that a permit to move or transfer title to a mobile home expires 30 days after the permit is issued. Details: The bill author was targeting a way to dispose of abandoned mobile homes often found in disrepair in rural areas. The bill as introduced, however, ignored the interests of prior perfected liens and security interest holders and pays unsecured creditors, such as a landlord, before the lien and security holders. The IBA worked closely with the Senate author and House author to find a workable solution that would not harm lenders. The compromise was a bill that creates a list for determination of abandonment that is similar to the definitions for abandonment of a property in foreclosure law. The determinations of abandonment and lien priority are not to be applied or triggered until the property is at least 15 years old. The abandonment determinations and scope of this section of the bill apply only to mobile homes outside of mobile home parks. SB 65 – Claims Deadlines Sen. Travis Holdman, R-Markle Rep. Eric Allan Koch, R-Bedford Bill summary: Extends provisions barring claims filed against a decedent’s estate more than nine months after the date of the decedent’s death under certain circumstances. Details: This legislation makes rather dramatic changes to what has been a long-standing law regarding creditors and estate assets. The bill could be beneficial to some creditors, but would be problematic for all trust departments that manage estates. The IBA brought these two perspectives forward to the bill’s author and sponsor. The IBA will continue to evaluate the best direction forward to assist the author in achieving the purpose of the bill to protect creditors, while recognizing the burden that a change would place on trust departments. SB 415 – Vacant and Abandoned Housing Sen. James Merritt, R-Indianapolis Rep. Edward Clere, R-New Albany Bill summary: Provides that a county, city or town fiscal body may adopt an ordinance to establish a deduction period for rehabilitated property that has also been determined to be abandoned or vacant. Specifies that there must be delinquent property taxes or special assessments on real property before it may be sold by the county treasurer as abandoned or vacant property. Specifies that the county treasurer, not the county auditor, is to auction abandoned or vacant property. Eliminates the concept of redemption after sale regarding abandoned or vacant property to be sold by the county treasurer. Provides that the county, city or town executive who certifies a property as abandoned or vacant has an option to take ownership of the property, if the minimum bid is not received. Permits a county, city or town executive to use the courts, instead of a hearing authority, for the determination that a property is abandoned or vacant. Specifies that any form of registration by a foreign business association with the secretary of state allows the business to participate in a tax sale. Adds a requirement to issue a judgment when property is found to be abandoned. Adds conditions under which a property may be determined to be abandoned. Provides that the interest rate to be paid for redeemed property is the adjusted interest rate used for refunds of state income taxes. Details: The IBA has been working with a large coalition of interested parties to craft legislation that will assist in eliminating unnecessary delays with the tax sale process. The bill was amended in committee, per the request of the IBA GR Team, with language that addresses the duplicative requirements in the Dodd-Frank Act and Indiana Code as it pertains to settlement conferences. The bill was amended on second reading in the Senate to permit the small servicer exemption under the Dodd-Frank Act to continue to apply to lenders as it relates to loss mitigation. Ultimately the Indiana Settlement Conference Continued from page 17. Continued on page 20.
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