Indiana House Bill 1055 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Engrossed on February 26 2019 - 50% progression, died in committee
Action: 2019-03-07 - First reading: referred to Committee on Judiciary
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Liens. Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Provides that the filing or deposit of a bond discharges the liability of a person served by a lien claimant not less than 30 days after the filing or deposit of a bond. Provides that a contractor or subcontractor may adjudicate the adequacy of a bond in certain instances. Provides that the liability of a person served by a lien claimant may not be discharged while the adequacy of a bond is being adjudicated. Repeals the current statute concerning the filing of an undertaking to discharge a lien. Urges the legislative council to assign to the appropriate interim study committee (committee) the topic of judgment liens. Provides that if the topic of judgment liens is assigned to the appropriate committee, the following topics will be addressed by the committee: (1) The feasability of developing, preparing, and implementing, before January 1, 2021, a plan, protocol, or Internet based system concerning judgments and pending cases. (2) The feasibility of providing, before January 1, 2021, all necessary training and education to clerks of court regarding any plan, protocol, or Internet based system concerning judgments or pending cases. (3) Any other issue or topic relevant to the development and implementation of any plan, protocol, or Internet based system concerning judgments or pending cases. Makes conforming amendments.

Liens. Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Provides that the filing or deposit of a bond discharges the liability of a person served by a lien claimant not less than 30 days after the filing or deposit of a bond. Provides that a contractor or subcontractor may adjudicate the adequacy of a bond in certain instances. Provides that the liability of a person served by a lien claimant may not be discharged while the adequacy of a bond is being adjudicated. Repeals the current statute concerning the filing of an undertaking to discharge a lien. Urges the legislative council to assign to the appropriate interim study committee (committee) the topic of judgment liens. Provides that if the topic of judgment liens is assigned to the appropriate committee, the following topics will be addressed by the committee: (1) The feasability of developing, preparing, and implementing, before January 1, 2021, a plan, protocol, or Internet based system concerning judgments and pending cases. (2) The feasibility of providing, before January 1, 2021, all necessary training and education to clerks of court regarding any plan, protocol, or Internet based system concerning judgments or pending cases. (3) Any other issue or topic relevant to the development and implementation of any plan, protocol, or Internet based system concerning judgments or pending cases. Makes conforming amendments.

Rep. Gerald Torr [R]

Rep. Edward DeLaney [D]

Sen. Eric Koch [R]

2019-02-25 - House - Third reading (Y: 81 N: 15 NV: 2 Abs: 2) [PASS]
2019-02-18 - House - House - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 3) [PASS]

Date	Chamber	Action
2019-03-07	Senate	First reading: referred to Committee on Judiciary
2019-02-26	House	Referred to the Senate
2019-02-25	House	Senate sponsor: Senator Koch
2019-02-25	House	Third reading: passed; Roll Call 294: yeas 81, nays 15
2019-02-21	House	Amendment #1 (Torr) prevailed; voice vote
2019-02-21	House	Second reading: amended, ordered engrossed
2019-02-20	House	Representative DeLaney added as coauthor
2019-02-18	House	Committee report: amend do pass, adopted
2019-01-03	House	First reading: referred to Committee on Judiciary
2019-01-03	House	Authored by Representative Torr

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1055/details
Text	http://iga.in.gov/static-documents/a/0/6/f/a06f1f81/HB1055.01.INTR.pdf
Text	http://iga.in.gov/static-documents/5/d/b/a/5dba7d97/HB1055.01.INTR.pdf
Text	http://iga.in.gov/static-documents/4/8/3/f/483f64d7/HB1055.02.COMH.pdf
Text	http://iga.in.gov/static-documents/5/2/3/a/523a4414/HB1055.02.COMH.pdf
Text	http://iga.in.gov/static-documents/f/a/0/6/fa06acbe/HB1055.03.ENGH.pdf
Roll Call	http://iga.in.gov/static-documents/2/3/2/e/232e901c/HB1055.01.INTR.01.pdf
Roll Call	http://iga.in.gov/static-documents/f/6/d/a/f6da6cee/HB1055.294.pdf