Bill Text: IN HB1084 | 2013 | Regular Session | Enrolled
Bill Title: Various property issues.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 231 [HB1084 Detail]
Download: Indiana-2013-HB1084-Enrolled.html
Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
(1) Investigate deceptive acts in connection with mortgage lending.
(2) Investigate violations of IC 24-9.
(3) Institute appropriate administrative and civil actions to redress:
(A) deceptive acts in connection with mortgage lending; and
(B) violations of IC 24-5-0.5 and IC 24-9.
(4) Cooperate with federal, state, and local law enforcement agencies in the investigation of the following:
(A) Deceptive acts in connection with mortgage lending.
(B) Criminal violations involving deceptive acts in connection with mortgage lending.
(C) Violations of IC 24-5-0.5 and IC 24-9.
(D) Violations of:
(i) the federal Truth in Lending Act (15 U.S.C. 1601 et seq.);
(ii) the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.); and
(iii) any other federal laws or regulations concerning mortgage lending.
To the extent authorized by federal law, the unit may enforce compliance with the federal statutes or regulations described in this clause or refer suspected violations of the statutes or regulations to the appropriate federal regulatory agencies.
(5) Enforce violations of IC 32-25.5-3 by homeowners associations.
(b) The attorney general shall adopt rules under IC 4-22-2 to the extent necessary to organize the unit.
SECTION 2. IC 5-20-1-27, AS AMENDED BY P.L.170-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27. (a) The home ownership education account within the state general fund is established to support:
(1) home ownership education programs established under section 4(d) of this chapter;
(2) mortgage foreclosure counseling and education programs established under IC 5-20-6-2; and
(3) programs conducted by one (1) or a combination of the following to facilitate settlement conferences in residential foreclosure actions under IC 32-30-10.5:
(A) The judiciary.
(B) Pro bono legal services agencies.
(C) Mortgage foreclosure counselors (as defined in IC 32-30-10.5-6).
(D) Other nonprofit entities certified by the authority under section 4(d) of this chapter.
The account is administered by the authority.
(b) The home ownership education account consists of:
(1) court fees collected under
(2) civil penalties imposed and collected under:
(A) IC 6-1.1-12-43(g)(2)(B); or
(B) IC 27-7-3-15.5(e); and
(3) any civil penalties imposed and collected by a court for a violation of a court order in a foreclosure action under IC 32-30-10.5.
(c) The expenses of administering the home ownership education
account shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the home
ownership education account not currently needed to meet the
obligations of the account in the same manner as other public money
may be invested.
SECTION 3. IC 5-20-6-3, AS AMENDED BY P.L.170-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. In addition to using money provided for the
program from:
(1) court fees under IC 33-37-5-30 (before its expiration on
January 1, 2013); IC 33-37-5-32 (before its expiration on
January 1, 2015);
(2) civil penalties imposed and collected under:
(A) IC 6-1.1-12-43(g)(2)(B); or
(B) IC 27-7-3-15.5(e); and
(3) any civil penalties imposed and collected by a court for a
violation of a court order in a foreclosure action under
IC 32-30-10.5;
the authority may solicit contributions and grants from the private
sector, nonprofit entities, and the federal government to assist in
carrying out the purposes of this chapter.
SECTION 4. IC 24-5.5-5-2, AS ADDED BY P.L.209-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. In addition to any prohibitions that apply under
IC 24-5-15-1 through IC 24-5-15-8, a foreclosure consultant may not:
(1) enter into or attempt to enter into a foreclosure consultant
contract with a homeowner unless the foreclosure consultant first
provides the homeowner written notice of the homeowner's rights
under this article;
(2) demand or receive compensation until after the foreclosure
consultant has fully performed all services the foreclosure
consultant contracted to perform or represented that the
foreclosure consultant would perform, unless the foreclosure
consultant complies with the security requirements under
IC 24-5-15-8;
(3) demand or receive a fee, interest, or any other compensation
that exceeds eight percent (8%) per year of the amount of any
loan that the foreclosure consultant makes to the homeowner;
(4) take a wage assignment, a lien of any type on real or personal
property, or any other security to secure the payment of
compensation;
(5) receive consideration from a third party in connection with foreclosure consulting services provided to a homeowner unless the consideration is first fully disclosed in writing to the homeowner;
(6) acquire any interest, directly or indirectly, in residential real property in foreclosure from a homeowner with whom the foreclosure consultant has contracted;
(7) except to inspect documents as provided by law, take any power of attorney from a homeowner for any purpose;
(8) execute any contract or agreement with a homeowner or receive money or other valuable consideration from a homeowner without providing the homeowner with the written statement required by IC 24-5-15-6; or
(9) fail to provide a homeowner with a written contract that includes the notice of cancellation required by IC 24-5-15-7.
SECTION 5. IC 24-5.5-5-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. A foreclosure consultant may not represent to a homeowner that the foreclosure consultant is endorsed, sponsored, or affiliated with any governmental or government sponsored agency or program.
SECTION 6. IC 24-5.5-6-1, AS AMENDED BY P.L.114-2010, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A person who knowingly or intentionally violates this article commits:
(1) a Class A misdemeanor;
(2) a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5; and
(3) a deceptive act that is actionable by the attorney general under IC 24-9-8-2 and is subject to the penalties and remedies available to the attorney general under IC 24-9.
SECTION 7. IC 24-9-2-7, AS AMENDED BY P.L.226-2011, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) "Deceptive act" means:
(1) an act or a practice as part of a mortgage transaction (as defined in IC 24-9-3-7(a)), or of a real estate transaction (as defined in IC 24-9-3-7(b)), in which a person at the time of the transaction knowingly or intentionally:
conditions of the transaction; or
(2) a violation of IC 24-5.5 concerning mortgage rescue
protection fraud as set forth in IC 24-5.5-6-1.
(b) For purposes of this section, "knowingly" means having actual
knowledge at the time of the transaction.
SECTION 8. IC 24-9-8-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Beginning July 1, 2005, the
attorney general and the attorney general's homeowner protection unit
established under IC 4-6-12 shall enforce this article. for any violation
occurring within five (5) years after the making of a home loan. An
action may not be brought under this article more than five (5)
years after the occurrence of the violation.
(b) The attorney general may refer a matter under section 1 of this
chapter to a prosecuting attorney for enforcement.
SECTION 9. IC 25-1-11-13, AS AMENDED BY P.L.3-2008,
SECTION 182, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 13. (a) The board may summarily
suspend a practitioner's license for ninety (90) days before a final
adjudication or during the appeals process if the board finds that a
practitioner represents a clear and immediate danger to the public's
health, safety, or property if the practitioner is allowed to continue to
practice. The summary suspension may be renewed upon a hearing
before the board, and each renewal may be for not more than ninety
(90) days.
(b) The board may summarily suspend the license of a real estate
appraiser for ninety (90) days before a final adjudication or during the
appeals process if the board finds that the licensed real estate appraiser
has engaged in material and intentional misrepresentations or
omissions in the preparation of at least three (3) written appraisal
reports that were submitted by a person to obtain a loan. The summary
suspension may be renewed after a hearing before the board. Each
renewal of a summary suspension may be for not more than ninety (90)
days.
(c) The board may summarily suspend the license of an
individual licensed under IC 25-34.1 for ninety (90) days before a
final adjudication or during the appeals process if the board finds
that the individual has engaged in material and intentional
misrepresentations or omissions in at least three (3) transactions.
The summary suspension may be renewed after a hearing before
the board. Each renewal of a summary suspension may be for not
more than ninety (90) days.
(1) a hearing by the board to suspend the practitioner's license; and
(2) information regarding the allegation against the practitioner.
The consumer protection division of the office of the attorney general shall also notify the practitioner that the practitioner may provide a written or an oral statement to the board on the practitioner's behalf before the board issues an order for summary suspension. A reasonable attempt to notify the practitioner is made if the consumer protection division of the office of the attorney general attempts to notify the practitioner by telephone or facsimile at the last telephone number or facsimile number of the practitioner on file with the board.
SECTION 10. IC 32-25.5-1-1, AS AMENDED BY P.L.49-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This article applies to the following:
(1) A homeowners association established after June 30, 2009.
(2) A homeowners association established before July 1, 2009:
(A) if a majority of the members of the homeowners association elect to be governed by this article; or
(B) if the number of members required by the homeowners association's governing documents elect to be governed by this article if a different number of members other than the number established in clause (A) is required by the governing documents.
(b) IC 32-25.5-3-8 applies to all homeowners associations.
(c) IC 32-25.5-3-3(g) through IC 32-25.5-3-3(m) apply to all homeowners associations.
SECTION 11. IC 32-25.5-3-3, AS ADDED BY P.L.167-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A homeowners association shall prepare an annual budget.
(b) The annual budget must reflect:
(1) the estimated revenues and expenses for the budget year; and
(2) the estimated surplus or deficit as of the end of the current budget year.
(c) The homeowners association shall provide each member of the homeowners association with:
(1) a:
(A) copy of the proposed annual budget; or
(B) written notice that a copy of the proposed annual budget is available upon request at no charge to the member; and
(2) a written notice of the amount of any increase or decrease in a regular annual assessment paid by the members that would occur if the proposed annual budget is approved;
before the homeowners association meeting held under subsection (d).
(d) Subject to subsection (f), a homeowners association budget must be approved at a meeting of the homeowners association members by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents.
(e) For purposes of this section, a member of a homeowners association is considered to be in attendance at a meeting if the member attends:
(1) in person;
(2) by proxy; or
(3) by any other means allowed under:
(A) state law; or
(B) the governing documents of the homeowners association.
(f) If the number of members of the homeowners association in attendance at a meeting held under subsection (d) does not constitute a quorum as defined in the governing documents of the homeowners association, the board may adopt an annual budget for the homeowners association for the ensuing year in an amount that does not exceed one hundred percent (100%) of the amount of the last approved homeowners association annual budget. However, the board may adopt an annual budget for the homeowners association for the ensuing year in an amount that does not exceed one hundred ten percent (110%) of the amount of the last approved homeowners association annual budget if the governing documents of the homeowners association allow the board to adopt an annual budget under this subsection for the ensuing year in an amount that does not exceed one hundred ten percent (110%) of the amount of the last approved homeowners association annual budget.
(g) Subject to subsection (k), the financial records, including all contracts, invoices, bills, receipts, and bank records, of a homeowners association must be available for inspection by each member of the homeowners association upon written request. A written request for inspection must identify with reasonable particularity the information being requested. A member's ability to inspect records under this section shall not be unreasonably
denied or conditioned upon provision of an appropriate purpose
for the request.
(h) If there is a dispute between a homeowner and a
homeowners association, the officers of the homeowners
association must make all communications concerning the dispute
available to the homeowner.
(i) A homeowners association shall make all communications
and information concerning a lot available to the owner of the lot
or a home on the lot.
(j) Notwithstanding subsections (h) and (i), a homeowners
association is not required to make:
(1) communications between the homeowners association and
the legal counsel of the homeowners association; and
(2) other communications or attorney work product prepared
in anticipation of litigation;
available to the owner of a lot or home.
(k) A homeowners association is not required to make available
to a member for inspection:
(1) unexecuted contracts;
(2) records regarding contract negotiations;
(3) information regarding an individual member's association
account to a person who is not a named party on the account;
(4) any other information that is prohibited from release
under state or federal law; or
(5) any records that were created more than two (2) years
before the request.
(l) Nothing in this chapter:
(1) abrogates or eliminates provisions in homeowners
association agreements that permit or require additional
disclosure or inspection rights not required by this chapter;
or
(2) prevents a homeowners association from agreeing to make
disclosures or to provide inspection rights not required by this
chapter.
(m) A homeowners association may not charge a fee for the first
hour required to search for a record in response to a written
request submitted under this chapter. A homeowners association
may charge a search fee for any time that exceeds one (1) hour.
The following provisions apply if a homeowners association
charges a search fee:
(1) The homeowners association shall charge an hourly fee
that does not exceed thirty-five dollars ($35) per hour.
(2) The homeowners association may charge the fee only for
time that the person making the search actually spends in
searching for the record.
(3) The homeowners association shall prorate the fee to reflect
any search time of less than one (1) hour.
(4) The total amount of the fee charged by the homeowners
association for a search may not exceed two hundred dollars
($200).
SECTION 12. IC 33-37-4-4, AS AMENDED BY P.L.136-2012,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The clerk shall collect a civil costs fee
of one hundred dollars ($100) from a party filing a civil action. This
subsection does not apply to the following civil actions:
(1) Proceedings to enforce a statute defining an infraction under
IC 34-28-5 (or IC 34-4-32 before its repeal).
(2) Proceedings to enforce an ordinance under IC 34-28-5 (or
IC 34-4-32 before its repeal).
(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
(4) Proceedings in paternity under IC 31-14.
(5) Proceedings in small claims court under IC 33-34.
(6) Proceedings in actions described in section 7 of this chapter.
(b) In addition to the civil costs fee collected under this section, the
clerk shall collect the following fees, if they are required under
IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) A support and maintenance fee (IC 33-37-5-6).
(3) A document storage fee (IC 33-37-5-20).
(4) An automated record keeping fee (IC 33-37-5-21).
(5) A public defense administration fee (IC 33-37-5-21.2).
(6) A judicial insurance adjustment fee (IC 33-37-5-25).
(7) A judicial salaries fee (IC 33-37-5-26).
(8) A court administration fee (IC 33-37-5-27).
(9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
(10) A garnishee service fee (IC 33-37-5-28(b)(3) or
IC 33-37-5-28(b)(4)).
(11) For a mortgage foreclosure action, filed after June 30, 2009,
and before January 1, 2013, a mortgage foreclosure counseling
and education fee (IC 33-37-5-30 (before its expiration on
January 1, 2013)). (IC 33-37-5-32) (before its expiration on
January 1, 2015).
(12) Before July 1, 2017, a pro bono legal services fee
(IC 33-37-5-31).
SECTION 13. IC 33-37-5-32 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 32. (a) This section applies to
a civil action in which the clerk is required to collect a civil costs
fee under IC 33-37-4-4(a). The clerk shall collect a fifty dollar ($50)
mortgage foreclosure counseling and education fee from a party
filing an action to foreclose a mortgage.
(b) This section expires January 1, 2015.
SECTION 14. IC 33-37-7-2, AS AMENDED BY P.L.136-2012,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The clerk of a circuit court shall
distribute semiannually to the auditor of state as the state share for
deposit in the homeowner protection unit account established by
IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or a deferral program
agreement under IC 34-28-5-1 and for deposit in the state general fund
seventy percent (70%) of the amount of fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the child abuse prevention
fees collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18.
(7) The following:
(A) For a county operating under the state's automated judicial system, one hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(B) For a county not operating under the state's automated judicial system, eighty percent (80%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county auditor one hundred percent (100%) of the late payment fees collected under IC 33-37-5-22. The county auditor shall deposit fees distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county fiscal body, the county auditor shall deposit forty percent (40%) of the fees in the clerk's record perpetuation fund established under IC 33-37-5-2 and sixty percent (60%) of the fees in the county general fund.
(2) If the county fiscal body has not adopted an ordinance described in subdivision (1), the county auditor shall deposit all the fees in the county general fund.
(e) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the sexual assault victims assistance account established by IC 5-2-6-23(h) one hundred percent (100%) of
the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(f) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS) or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6 that is reimbursable to the county at
the federal financial participation rate.
The county clerk shall distribute monthly to the department of child
services the percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS, or the
successor statewide automated support enforcement system, collected
under IC 33-37-5-6 that is not reimbursable to the county at the
applicable federal financial participation rate.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(h) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the auditor
of state for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(i) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance adjustment
account established by IC 33-38-5-8.2 one hundred percent (100%) of
the judicial insurance adjustment fee collected under IC 33-37-5-25.
(j) The proceeds of the service fee collected under
IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(k) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the city
or town fiscal officer for deposit in the city or town general fund.
(l) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
following:
(1) The mortgage foreclosure counseling and education fees
collected under IC 33-37-5-30 (before its expiration on January
1, 2013). IC 33-37-5-32 (before its expiration on January 1,
2015).
(2) Any civil penalties imposed and collected by a court for a
violation of a court order in a foreclosure action under
IC 32-30-10.5.
(m) This subsection applies to a county that is not operating under
the state's automated judicial system. The clerk of a circuit court shall
distribute monthly to the county auditor twenty percent (20%) of the
automated record keeping fee (IC 33-37-5-21) not distributed under
subsection (a) for deposit in the clerk's record perpetuation fund.
(n) The clerk of a circuit court shall distribute semiannually to the
auditor of state one hundred percent (100%) of the pro bono legal
services fees collected before July 1, 2017, under IC 33-37-5-31. The
auditor of state shall transfer semiannually the pro bono legal services
fees to the Indiana Bar Foundation (or a successor entity) as the entity
designated to organize and administer the interest on lawyers trust
accounts (IOLTA) program under Rule 1.15 of the Rules of
Professional Conduct of the Indiana supreme court. The Indiana Bar
Foundation shall:
(1) deposit in an appropriate account and otherwise manage the
fees the Indiana Bar Foundation receives under this subsection in
the same manner the Indiana Bar Foundation deposits and
manages the net earnings the Indiana Bar Foundation receives
from IOLTA accounts; and
(2) use the fees the Indiana Bar Foundation receives under this
subsection to assist or establish approved pro bono legal services
programs.
The handling and expenditure of the pro bono legal services fees
received under this section by the Indiana Bar Foundation (or its
successor entity) are subject to audit by the state board of accounts. The
amounts necessary to make the transfers required by this subsection are
appropriated from the state general fund.
SECTION 15. [EFFECTIVE JULY 1, 2013] (a) As used in this
SECTION, "study committee" means either of the following:
(1) A statutory committee established under IC 2-5.
(2) An interim study committee established by the legislative
council.
(b) The legislative council is urged to assign to a study
committee during the 2013 legislative interim the topic of
homeowners associations, including mediation or arbitration of
disputes involving homeowners associations and members of
homeowners associations.
(c) If the topic described in subsection (b) is assigned to a study
committee, the study committee shall, not later than November 1,
2013, issue a final report to the legislative council in an electronic
format under IC 5-14-6. The final report must contain the study
committee's findings and recommendations (including any
recommended legislation concerning the topic).
(d) This SECTION expires December 31, 2013.
SECTION 16. An emergency is declared for this act.
HEA 1084
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