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Legislative Update

Unlawful indemnity agreements

May 17, 2019 Filed Under: Civil

S.E.A. 230, P.L. 65 Effective: July 1, 2019 Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. … [Read more...] about Unlawful indemnity agreements

Individualized mental health safety plans

May 17, 2019 Filed Under: Civil

S.E.A. 359, P.L. 225 Effective: July 1, 2019 In relevant part, provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider that discloses an individualized mental health safety plan to certain licensed providers in good faith is immune from civil and criminal liability. Read the bill at: … [Read more...] about Individualized mental health safety plans

Claims concerning user fees

May 17, 2019 Filed Under: Civil

S.E.A. 582, P.L. 195 Effective: §1 retroactive to July 1, 2017; §2 retroactive to July 1, 2015; §3-6 effective May 6, 2019 Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use o … [Read more...] about Claims concerning user fees

Voiding and releasing claims in land interests

May 17, 2019 Filed Under: Civil

S.E.A. 604, P.L. 196 Effective: July 1, 2019 Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to … [Read more...] about Voiding and releasing claims in land interests

Information concerning threats to school safety

May 17, 2019 Filed Under: Civil

H.E.A. 1398, P.L. 255 Effective: July 1, 2019 Provides immunity from civil liability concerning the disclosure or report of education records of a student. Permits a law enforcement agency or private university police department to share private investigatory records with a school corporation, charter school, or nonpublic school for the purpose of enhancing the safety of a student … [Read more...] about Information concerning threats to school safety

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