The House Judiciary Committee heard SB 307 concerning consumer protection, sponsored by Rep. Steuerwald. Sen. Bray introduced this bill, which amends several provisions of the senior consumer protection act (act). It amends the act as follows: (1) Expands the class of consumers covered by the act to include: (A) veterans; and (B) individuals with physical disabilities, developmental disabilities, or mental impairments; in addition to senior consumers. (2) Changes the term “senior consumer” to” protected consumer” to encompass the additional consumers covered. It amends the statute concerning telephone solicitations of consumers (Indiana’s “do not call” law) to provide that a person may not provide substantial assistance or support to a telephone solicitor, a supplier, or a caller if the person knows or consciously avoids knowing that the telephone solicitor, supplier, or caller has violated the “do not call” law or the statute concerning the regulation of automatic dialing machines. Amends the statute concerning home improvement contracts to specify that: (1) an exterior home improvement includes lawn care, landscaping, snow removal, driveway sealing, tree trimming, and pest control services; and (2) a home improvement includes interior pest control services. Amends the statute concerning the regulation of automatic dialing machines to provide that the attorney general is not required to prove that a violation of the statute was knowing or intentional for a court to impose a civil penalty for the violation. Amends the statute concerning the investigation and prosecution of complaints concerning regulated occupations to add to the permissible reasons for disclosure of information concerning a complaint a disclosure that is made to a law enforcement agency that has or is reasonably believed to have jurisdiction over a person or matter involved in the complaint. Amends the law concerning the payment of funeral or burial service expenses in advance of need to provide that “contract”, for purposes of the law, includes an agreement for the issuance of a life insurance policy where: (1) the death benefit of the policy is or may be designated for use in the purchase of funeral or burial services or merchandise; and (2) the policy is intended to be an exempt resource for Medicaid qualification purposes. Provides that the issuer of a contract meeting this description is a “seller” for purposes of the law and that a contract meeting this description must satisfy certain statutory requirements.
Sen. Bray introduced an amendment addressing the provision concerning home improvement contracts, to clarify that when exterior home improvements are added as a service, a new contract does not need to be executed. Sen. Bray also introduced an amendment concerning telephone line providers of automatic dialing machines, to accept telephone providers from violation of telephone privacy laws inadvertently when dialing machines use their lines. A representative from Area 16 Agency on Aging; State Director of the AARP; Indiana Attorney General; Funeral Director Association; Indiana Lawn and Landscaping Association; and TruGreen lawn servicing support the bill as amended. A representative from the National Alliance of Life Insurance Companies addressed a provision in the bill concerning life insurance benefits for burial expenses and requested the bill be amended regarding pre-need instruments. The bill was held.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/307