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Bill Watch, April 23, 2019: Current Commercial Law Legislation of Note - Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


Posted on: Apr 23, 2019

The IndyBar Legislative Committee is currently monitoring the following commercial law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1136    UNIFORM CONSUMER CREDIT CODE. (BURTON W) Makes the following changes to the Uniform Consumer Credit Code (UCCC): (1) Amends the provisions authorizing specified additional charges for consumer loans to permit a lender to contract for and receive a transaction fee for a revolving loan account that may not exceed the greater of: (A) 2% of the amount of the transaction; or (B) $10. (Current law authorizes the lender to charge a transaction fee in the lesser of these two amounts.) (2) Replaces the authorized $5 delinquency charge (subject to indexing by the department of financial institutions) for consumer credit sales and consumer loans with a nonindexed delinquency charge of: (A) $5, if installments are due every 14 days or less; (B) $25, if installments are due every 15 days or more; or (C) $25, in the case of a single installment due at least 30 days after the sale or loan is made. (3) Specifies that a creditor may not charge or collect a delinquency charge on a payment that: (A) is paid within 10 days after its scheduled due date; and (B) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to a consumer credit sale or a consumer loan is attributable to a delinquency charge for an earlier installment. Urges the legislative council to assign to an interim study committee, for study during the 2019 interim, the topic of revisions to the UCCC. Sets forth issues for consideration by an interim study committee assigned this topic.

SB582    CLAIMS CONCERNING USER FEES AND COURT TECHNOLOGY. (CHARBONNEAU E) Defines the term "user fee". Provides that a taxpayer's appeal of an assessment may not include a claim related to the legality or constitutionality of certain other charges, rates, or fees. Specifies that: (1) circuit courts; (2) standard superior courts; and (3) superior courts; have original and concurrent jurisdiction over claims concerning user fees. Requires the judicial technology oversight committee (committee) to develop, before January 1, 2020, a plan for a standard protocol that: (1) allows the office of judicial administration to exchange information concerning judgments and pending cases with clerks of court; (2) allows a member of the public to search for certain information pertaining to judgments and pending cases; (3) provides certain court docket information; and (4) allows certain information pertaining to judgments and pending cases to be searchable by party name. Requires the committee to provide any necessary training concerning the protocol to clerks of court. Makes a technical correction. Makes conforming amendments.

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