HB 1358-4_ Filed 03/17/2009, 10:25 Breaux

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1358 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

SOURCE: Page 9, line 29; (09)MO135804.9. -->     Page 9, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 36-2-11-12; (09)MO135804.7. -->     "SECTION 7. IC 36-2-11-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) The recorder shall index each volume of instruments the recorder records by:
        (1) the name of each grantor, promisor, or covenantor, in alphabetical order and cross-referenced to the proper grantee, promisee, or covenantee; and
        (2) the name of each grantee, promisee, or covenantee, in alphabetical order and cross-referenced to the proper grantor, promisor, or covenantor.
    (b) The recorder shall accurately maintain separate indexes of all the records of:
        (1) deeds for real estate; and
        (2) mortgages on real estate;
in the recorder's office. The recorder shall index each deed or mortgage alphabetically, by the name of each grantor and grantee or mortgagor and mortgagee, and shall include in each index entry a concise description of the real property, the date of the deed or mortgage, and the number or letter of the book and the page at which each deed or mortgage is recorded.
     (c) The recorder shall maintain any information that is submitted under section 12.5 of this chapter.
SOURCE: IC 36-2-11-12.5; (09)MO135804.8. -->     SECTION 8. IC 36-2-11-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12.5. (a) As used in this section, "owner" means an individual, partnership, limited liability company, corporation, trust, or other entity in whose name title to real property is vested.
    (b) The legislative body of a county may adopt an ordinance providing that the requirements under this section apply in the county.
    (c) If the legislative body of a county has adopted an ordinance under subsection (b), the
following apply when any instrument of title to real property located in the county is recorded:
        (1) If the address of any owner of the real property is different from the address of the real property, the address and telephone number of such an owner must be provided to the county recorder and included in the index under section 12 of this chapter.

        (2) If the owner listed in the index under section 12 of this chapter for the real property is not an individual, the name, address, and telephone number of an individual who:
            (A) is an officer, employee, director, member, trustee, or manager of the owner; and
            (B) is authorized by the owner to accept on behalf of the owner any service of process, order, demand, or other notice required or permitted by law to be served upon the owner;
        must be provided to the county recorder and included in the index under section 12 of this chapter.

        (3) If the owner listed in the index under section 12 of this chapter for the real property is an individual who is not a resident of Indiana, the name, address, and telephone number of the owner must be provided to the county recorder and included in the index under section 12 of this chapter.
         (4) The owner of the real property must:
            (A) provide notice to the county recorder if any of the information previously provided to the county recorder under subdivisions (1) through (3) becomes outdated or for any reason becomes inaccurate; and
            (B) update the information required under subdivisions (1) through (3).
        The owner of the real property must provide the notice and update the information not more than thirty (30) days after the information becomes outdated or inaccurate.

         (5) If the owner of the real property:
            (A) does not provide the information required under subdivision (2) or (3); or
            (B) does not provide the notice and updated information, as required by subdivision (4);
        any notice concerning the real property that is sent by the state of Indiana or a political subdivision to the individual and address most recently provided under this subsection for the real property is considered to be sufficient notice to all owners of the real property.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1358 as printed March 13, 2009.)

________________________________________

Senator BREAUX


MO135804/DI 52
2009