Indiana House Bill 1049 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: Passed on March 30 2020 - 100% progression
Action: 2020-03-30 - Public Law 152
Text: Latest bill text (Enrolled) [PDF]

Business associations. Amends the statute governing franchises as follows: (1) Specifies that the exemption from certain requirements of the statute that applies to a franchisor that sells no more than one franchise in any 24 month period applies with respect to the number of franchises sold by the franchisor in Indiana. (Current law does not specify where the franchise sales must have occurred in the 24 month period.) (2) Requires a person with a registered franchise to notify the securities commissioner (commissioner) of any material change in the information set forth in the person's required disclosure statement not later than 30 days after the occurrence of the event constituting the change, and sets forth specific events that constitute a material change. (3) Provides that the registration of a franchise with the commissioner is renewed at the time the registration would have expired unless the franchisor requests an earlier renewal date. (Current law does not allow for a franchisor to request an earlier renewal date.) (4) Provides that if a franchise registration form or registration renewal form is denied or withdrawn, the commissioner shall retain the amount of the fee submitted in connection with the form. (Current law provides that the commissioner shall retain $150 of the submitted fee.) Amends the statute governing continuing care contracts to provide that if a provider posts a letter of credit, negotiable securities, or a bond as an alternative to establishing an escrow account for the deposit of entrance fees, as otherwise required by the statute, the amount posted must be at least equal to the maximum amount of entrance fees reasonably anticipated by the provider to otherwise be subject to the escrow requirements. (Current law provides that the letter of credit, negotiable securities, or bond must be for an amount not to exceed the total amount of all entrance fees received by the provider before the date a resident is permitted to occupy a particular living unit.) Changes the term "interpretative" to "interpretive" in various provisions in the Indiana Uniform Securities Act (Act) with respect to opinions issued under the Act. Amends the statute concerning the licensing of collection agencies as follows: (1) Provides that the surety bond required to be submitted with a collection agency's original or renewal application for a collection agency license must be: (A) an electronic corporate surety bond that is: (i) filed by the applicant collection agency; (ii) satisfactory to the commissioner; and (iii) in an amount calculated to equal the sum of $5,000 for each of the collection agency's Indiana offices; and (B) filed through the Nationwide Multistate Licensing System. (2) Adds to the list of qualifications that apply to: (A) individual applicants for collection agency licenses; and (B) individual officers or members who actively manage collection activities for corporate or other applicants for collection agency licenses. (3) Specifies that the secretary of state shall issue forms and orders and adopt and enforce rules and regulations as advisable or necessary to carry out the statute. (Current law does not specify that the secretary of state shall issue forms and orders.) Makes technical corrections.

Business associations.

Rep. Robert Heaton [R]	Rep. Matthew Lehman [R]	Rep. Jeff Ellington [R]	Rep. Carey Hamilton [D]
Sen. Travis Holdman [R]	Sen. Jeff Raatz [R]

2020-03-09 - House - House - House concurred in Senate amendments (Y: 69 N: 0 NV: 1 Abs: 30) [PASS]
2020-03-03 - Senate - Senate - Third reading (Y: 50 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-19 - Senate - Senate - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 1) [PASS]
2020-01-21 - House - House - Third reading (Y: 97 N: 0 NV: 1 Abs: 2) [PASS]
2020-01-14 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2020-03-30	House	Public Law 152
2020-03-21	House	Signed by the Governor
2020-03-18	Senate	Signed by the President of the Senate
2020-03-12	Senate	Signed by the President Pro Tempore
2020-03-10	House	Signed by the Speaker
2020-03-09	House	House concurred in Senate amendments; Roll Call 328: yeas 69, nays 0
2020-03-05	House	Motion to concur filed
2020-03-04	Senate	Returned to the House with amendments
2020-03-03	Senate	Third reading: passed; Roll Call 278: yeas 50, nays 0
2020-02-27	Senate	Second reading: ordered engrossed
2020-02-25	Senate	Senator Raatz added as second sponsor
2020-02-20	Senate	Committee report: amend do pass, adopted
2020-02-05	Senate	First reading: referred to Committee on Judiciary
2020-01-22	House	Referred to the Senate
2020-01-21	House	Senate sponsor: Senator Holdman
2020-01-21	House	Third reading: passed; Roll Call 33: yeas 97, nays 0
2020-01-16	House	Representatives Ellington and Hamilton added as coauthors
2020-01-16	House	Second reading: ordered engrossed
2020-01-14	House	Committee report: do pass, adopted
2020-01-09	House	Representative Lehman added as coauthor
2020-01-06	House	First reading: referred to Committee on Financial Institutions
2020-01-06	House	Authored by Representative Heaton

Type	Source
Summary	https://iga.in.gov/legislative/2020/bills/house/1049/details
Text	http://iga.in.gov/static-documents/5/7/0/b/570b46b0/HB1049.01.INTR.pdf
Text	http://iga.in.gov/static-documents/a/2/d/9/a2d9a527/HB1049.01.INTR.pdf
Text	http://iga.in.gov/static-documents/3/f/a/3/3fa3a8ea/HB1049.02.COMH.pdf
Text	http://iga.in.gov/static-documents/1/7/f/7/17f746bb/HB1049.02.COMH.pdf
Text	http://iga.in.gov/static-documents/3/0/a/1/30a19aa2/HB1049.03.COMS.pdf
Text	http://iga.in.gov/static-documents/1/c/f/c/1cfcde4b/HB1049.03.COMS.pdf
Text	http://iga.in.gov/static-documents/e/6/8/a/e68a9dae/HB1049.04.ENRS.pdf
Roll Call	http://iga.in.gov/static-documents/a/d/e/4/ade4185b/HB1049.01.INTR.00.pdf
Roll Call	http://iga.in.gov/static-documents/1/c/2/f/1c2f968b/HB1049.33_H.pdf
Roll Call	http://iga.in.gov/static-documents/d/8/5/0/d850d693/HB1049.02.COMH.00.pdf
Roll Call	http://iga.in.gov/static-documents/1/f/0/3/1f03087e/HB1049.278_S.pdf
Roll Call	http://iga.in.gov/static-documents/5/b/f/f/5bff2349/HB1049.328_H.pdf