SB 582-1_ Filed 02/14/2011, 12:11
The Senate Committee on Judiciary, to which was referred Senate Bill No. 582, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (11)CR058201.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 5-14-3-4; (11)CR058201.1. -->
"SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.94-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
(13) Contact information relating to a defendant in a
mortgage foreclosure action under IC 32-30-10.5-8.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the ports of Indiana, the
Indiana state department of agriculture, the Indiana finance
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial prospects,
if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems; and
(K) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) the victim of a crime; or
(iii) a family member of a correctional officer or the victim
of a crime; or
(B) concern or could affect the security of a jail or correctional
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption or patient
medical records, shall be made available for inspection and copying
seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SOURCE: IC 5-20-1-4; (11)CR058201.2. -->
SECTION 2. IC 5-20-1-4, AS AMENDED BY P.L.105-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) The authority has all of the powers
necessary or convenient to carry out and effectuate the purposes and
provisions of this chapter, including the power:
(1) to make or participate in the making of construction loans for
multiple family residential housing under terms that are approved
by the authority;
(2) to make or participate in the making of mortgage loans for
multiple family residential housing under terms that are approved
by the authority;
(3) to purchase or participate in the purchase from mortgage
lenders of mortgage loans made to persons of low and moderate
income for residential housing;
(4) to make loans to mortgage lenders for the purpose of
furnishing funds to such mortgage lenders to be used for making
mortgage loans for persons and families of low and moderate
income. However, the obligation to repay loans to mortgage
lenders shall be general obligations of the respective mortgage
lenders and shall bear such date or dates, shall mature at such
time or times, shall be evidenced by such note, bond, or other
certificate of indebtedness, shall be subject to prepayment, and
shall contain such other provisions consistent with the purposes
of this chapter as the authority shall by rule or resolution
(5) to collect and pay reasonable fees and charges in connection
with making, purchasing, and servicing of its loans, notes, bonds,
commitments, and other evidences of indebtedness;
(6) to acquire real property, or any interest in real property, by
conveyance, including purchase in lieu of foreclosure, or
foreclosure, to own, manage, operate, hold, clear, improve, and
rehabilitate such real property and sell, assign, exchange, transfer,
convey, lease, mortgage, or otherwise dispose of or encumber
such real property where such use of real property is necessary or
appropriate to the purposes of the authority;
(7) to sell, at public or private sale, all or any part of any mortgage
or other instrument or document securing a construction loan, a
land development loan, a mortgage loan, or a loan of any type
permitted by this chapter;
(8) to procure insurance against any loss in connection with its
operations in such amounts and from such insurers as it may deem
necessary or desirable;
(9) to consent, subject to the provisions of any contract with
noteholders or bondholders which may then exist, whenever it
deems it necessary or desirable in the fulfillment of its purposes
to the modification of the rate of interest, time of payment of any
installment of principal or interest, or any other terms of any
mortgage loan, mortgage loan commitment, construction loan,
loan to lender, or contract or agreement of any kind to which the
authority is a party;
(10) to enter into agreements or other transactions with any
federal, state, or local governmental agency for the purpose of
providing adequate living quarters for such persons and families
in cities and counties where a need has been found for such
(11) to include in any borrowing such amounts as may be deemed
necessary by the authority to pay financing charges, interest on
the obligations (for a period not exceeding the period of
construction and a reasonable time thereafter or if the housing is
completed, two (2) years from the date of issue of the
obligations), consultant, advisory, and legal fees and such other
expenses as are necessary or incident to such borrowing;
(12) to make and publish rules respecting its lending programs
and such other rules as are necessary to effectuate the purposes of
(13) to provide technical and advisory services to sponsors,
builders, and developers of residential housing and to residents
and potential residents, including housing selection and purchase
procedures, family budgeting, property use and maintenance,
household management, and utilization of community resources;
(14) to promote research and development in scientific methods
of constructing low cost residential housing of high durability;
(15) to encourage community organizations to participate in
residential housing development;
(16) to make, execute, and effectuate any and all agreements or
other documents with any governmental agency or any person,
corporation, association, partnership, limited liability company,
or other organization or entity necessary or convenient to
accomplish the purposes of this chapter;
(17) to accept gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and assistance
and any other aid from any source whatsoever and to agree to, and
to comply with, conditions attached thereto;
(18) to sue and be sued in its own name, plead and be impleaded;
(19) to maintain an office in the city of Indianapolis and at such
other place or places as it may determine;
(20) to adopt an official seal and alter the same at pleasure;
(21) to adopt and from time to time amend and repeal bylaws for
the regulation of its affairs and the conduct of its business and to
prescribe rules and policies in connection with the performance
of its functions and duties;
(22) to employ fiscal consultants, engineers, attorneys, real estate
counselors, appraisers, and such other consultants and employees
as may be required in the judgment of the authority and to fix and
pay their compensation from funds available to the authority
(23) notwithstanding IC 5-13, but subject to the requirements of
any trust agreement entered into by the authority, to invest:
(A) the authority's money, funds, and accounts;
(B) any money, funds, and accounts in the authority's custody;
(C) proceeds of bonds or notes;
in the manner provided by an investment policy established by
resolution of the authority;
(24) to make or participate in the making of construction loans,
mortgage loans, or both, to individuals, partnerships, limited
liability companies, corporations, and organizations for the
construction of residential facilities for individuals with a
developmental disability or for individuals with a mental illness
or for the acquisition or renovation, or both, of a facility to make
it suitable for use as a new residential facility for individuals with
a developmental disability or for individuals with a mental illness;
(25) to make or participate in the making of construction and
mortgage loans to individuals, partnerships, corporations, limited
liability companies, and organizations for the construction,
rehabilitation, or acquisition of residential facilities for children;
(26) to purchase or participate in the purchase of mortgage loans
(A) public utilities (as defined in IC 8-1-2-1); or
(B) municipally owned gas utility systems organized under
if those mortgage loans were made for the purpose of insulating
and otherwise weatherizing single family residences in order to
conserve energy used to heat and cool those residences;
(27) to provide financial assistance to mutual housing
associations (IC 5-20-3) in the form of grants, loans, or a
combination of grants and loans for the development of housing
for low and moderate income families;
(28) to service mortgage loans made or acquired by the authority
and to impose and collect reasonable fees and charges in
connection with such servicing;
(29) subject to the authority's investment policy, to enter into
swap agreements (as defined in IC 8-9.5-9-4) in accordance with
IC 8-9.5-9-5 and IC 8-9.5-9-7;
(30) to promote and foster community revitalization through
community services and real estate development;
(31) to coordinate and establish linkages between governmental
and other social services programs to ensure the effective delivery
of services to low income individuals and families, including
individuals or families facing or experiencing homelessness;
(32) to cooperate with local housing officials and plan
commissions in the development of projects that the officials or
commissions have under consideration;
(33) to develop a list of documents that a creditor and debtor
are required to exchange before attending a settlement
conference under IC 32-30-10.5-10;
(33) (34) to take actions necessary to implement its powers that
the authority determines to be appropriate and necessary to ensure
the availability of state or federal financial assistance; and
(34) (35) to administer any program or money designated by the
state or available from the federal government or other sources
that is consistent with the authority's powers and duties.
The omission of a power from the list in this subsection does not imply
that the authority lacks that power. The authority may exercise any
power that is not listed in this subsection but is consistent with the
powers listed in this subsection to the extent that the power is not
expressly denied by the Constitution of the State of Indiana or by
(b) The authority shall ensure that a mortgage loan acquired by the
authority under subsection (a)(3) or made by a mortgage lender with
funds provided by the authority under subsection (a)(4) is not
knowingly made to a person whose adjusted family income, as
determined by the authority, exceeds one hundred twenty-five percent
(125%) of the median income for the geographic area involved.
However, if the authority determines that additional encouragement is
needed for the development of the geographic area involved, a
mortgage loan acquired or made under subsection (a)(3) or (a)(4) may
be made to a person whose adjusted family income, as determined by
the authority, does not exceed one hundred forty percent (140%) of the
median income for the geographic area involved. The authority shall
establish procedures that the authority determines are appropriate to
structure and administer any program conducted under subsection
(a)(3) or (a)(4) for the purpose of acquiring or making mortgage loans
to persons of low or moderate income. In determining what constitutes
low income, moderate income, or median income for purposes of any
program conducted under subsection (a)(3) or (a)(4), the authority shall
(1) the appropriate geographic area in which to measure income
(2) the appropriate method of calculating low income, moderate
income, or median income levels including:
(A) sources of;
(B) exclusions from; and
(C) adjustments to;
(c) The authority, when directed by the governor, shall administer
programs and funds under 42 U.S.C. 1437 et seq.
(d) The authority shall identify, promote, assist, and fund:
(1) home ownership education programs; and
(2) mortgage foreclosure counseling and education programs
under IC 5-20-6;
conducted throughout Indiana by nonprofit counseling agencies that the
authority has certified, or by any other public, private, or nonprofit
entity in partnership with a nonprofit agency that the authority has
certified, using funds appropriated under section 27 of this chapter. The
attorney general and the entities listed in IC 4-6-12-4(a)(1) through
IC 4-6-12-4(a)(10) shall cooperate with the authority in implementing
(e) The authority shall:
(1) oversee and encourage a regional homeless delivery system
(A) considers the need for housing and support services;
(B) implements strategies to respond to gaps in the delivery
(C) ensures individuals and families are matched with optimal
(2) facilitate the dissemination of information to assist individuals
and families accessing local resources, programs, and services
related to homelessness, housing, and community development;
(3) each year, estimate and reasonably determine the number of
(A) Individuals in Indiana who are homeless.
(B) Individuals in Indiana who are homeless and less than
eighteen (18) years of age.
(C) Individuals in Indiana who are homeless and not residents
SOURCE: Page 2, line 29; (11)CR058201.2. -->
Page 2, delete lines 29 through 40, begin a new paragraph and
SOURCE: IC 32-30-10.5-5; (11)CR058201.5. -->
"SECTION 5. IC 32-30-10.5-5, AS ADDED BY P.L.105-2009,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. As used in this chapter, "mortgage" means a
loan in which a first mortgage
, or a land contract that constitutes a first
lien, is created or retained against land upon which there is a dwelling
that is or will be used by the debtor primarily for personal, family, or
household purposes. The term does not include a land contract or
similar agreement in which the debtor does not possess a deed."
SOURCE: Page 4, line 22; (11)CR058201.4. -->
Page 4, line 22, delete "of the following:" and insert " that,
Page 4, line 23, delete "(1) For" and insert " for
Page 4, line 24, delete "that".
Page 4, run in lines 22 through 32.
Page 4, delete lines 33 through 42.
Page 5, delete lines 1 through 6.
Page 5, between lines 23 and 24, begin a new line blocked left and
" Notices and debtor contact information required to be
included with a complaint under this subsection are
Page 5, between lines 34 and 35, begin a new paragraph and insert:
" (f) This section does not apply if a creditor is not required
under subsection (e) to send the notices described in this section. As
soon as practicable after a creditor files an action to foreclose a
mortgage, the court shall send a notice informing the defendant
(1) a settlement conference between the defendant and
plaintiff will be scheduled by the court under section 10 of this
(2) the foreclosure action may not proceed until the settlement
conference has taken place, subject to the defendant's right to
opt out of the settlement conference under section 10(b)(2) of
this chapter subject to section 9(b) of this chapter.".
Page 6, line 13, delete "court shall issue a stay in the proceedings"
and insert " court, notwithstanding Indiana Trial Rule 56, stay the
granting of any dispositive motion".
Page 6, delete lines 36 through 42, begin a new paragraph and
" (c) If the defendant requests a settlement conference under
section 9 of this chapter, the court shall treat the request as the
entry of an appearance under Indiana Trial Rule 3.1(B).".
Page 7, delete lines 1 through 14.
Page 9, line 28, delete "Subject to subdivision (2), order" and insert
Page 9, line 31, strike "twenty-five (25)" and insert " forty (40)".
Page 9, delete lines 35 through 42.
Page 10, delete lines 1 through 3.
Page 10, line 4, reset in roman "(2)".
Page 10, line 4, delete "(3)".
Page 10, line 8, reset in roman "(3)".
Page 10, line 8, delete "(4)".
Page 10, line 8, strike "to bring to the settlement conference" and
insert " and the creditor to exchange, at least thirty (30) days before
the date of the settlement conference, the documents contained on
the Indiana housing and community development authority's
settlement list under IC 5-20-1-4.".
Page 10, strike lines 9 through 12.
Page 10, line 13, delete "(i)".
Page 10, line 13, strike "income,".
Page 10, line 13, delete "including documentation of the debtor's".
Page 10, delete line 14.
Page 10, line 15, delete "(ii)".
Page 10, line 15, strike "expenses;".
Page 10, line 16, delete "(iii)".
Page 10, line 16, strike "assets; and".
Page 10, line 17, delete "(iv)".
Page 10, line 17, strike "liabilities.".
Page 10, strike lines 19 through 24.
Page 10, line 25, delete "(5)".
Page 10, line 25, strike "Require the creditor to bring to the
Page 10, strike lines 26 through 32.
Page 10, line 33, delete "(6)" and insert " (4)
Page 10, line 40, delete "(7)" and insert " (5)
Page 11, line 18, delete ":".
Page 11, delete lines 19 through 22.
Page 11, line 23, delete "(3)" and insert " costs to a creditor
associated with the use of a third party mediator or
Page 11, line 23, delete ";".
Page 11, run in lines18 through 25.
Renumber all SECTIONS consecutively.
(Reference is to SB 582 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 6, Nays 0.
CR058201/DI 106 2011