| 1 | + | *EH1441.2* |
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| 2 | + | Reprinted |
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| 3 | + | March 26, 2025 |
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| 4 | + | ENGROSSED |
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| 5 | + | HOUSE BILL No. 1441 |
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| 6 | + | _____ |
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| 7 | + | DIGEST OF HB 1441 (Updated March 25, 2025 2:17 pm - DI 119) |
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| 8 | + | Citations Affected: IC 28-1. |
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| 9 | + | Synopsis: Bank accounts for foster and emancipated youths. Provides |
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| 10 | + | that a foster youth or emancipated youth is legally competent to enter |
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| 11 | + | into a contract with a depository financial institution to open a savings |
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| 12 | + | or checking account in the youth's name with the consent of a juvenile |
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| 13 | + | court with jurisdiction over the youth. |
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| 14 | + | Effective: July 1, 2025. |
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| 15 | + | Campbell, Dant Chesser, Judy, |
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| 16 | + | Meltzer |
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| 17 | + | (SENATE SPONSORS — WALKER K, DONATO, HUNLEY, FORD J.D., |
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| 18 | + | QADDOURA, RANDOLPH LONNIE M) |
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| 19 | + | January 21, 2025, read first time and referred to Committee on Financial Institutions. |
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| 20 | + | February 4, 2025, amended, reported — Do Pass. |
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| 21 | + | February 6, 2025, read second time, amended, ordered engrossed. |
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| 22 | + | February 7, 2025, engrossed. |
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| 23 | + | February 10, 2025, read third time, passed. Yeas 91, nays 0. |
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| 24 | + | SENATE ACTION |
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| 25 | + | February 20, 2025, read first time and referred to Committee on Insurance and Financial |
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| 26 | + | Institutions. |
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| 27 | + | March 20, 2025, amended, reported favorably — Do Pass. |
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| 28 | + | March 25, 2025, read second time, amended, ordered engrossed. |
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| 29 | + | EH 1441—LS 7320/DI 119 Reprinted |
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| 30 | + | March 26, 2025 |
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15 | | - | SECTION 1. IC 28-1-1-3.7 IS ADDED TO THE INDIANA CODE |
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| 46 | + | 1 SECTION 1. IC 28-1-1-3.7 IS ADDED TO THE INDIANA CODE |
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| 47 | + | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 48 | + | 3 1, 2025]: Sec. 3.7. For purposes of section 7 of this chapter, |
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| 49 | + | 4 "emancipated youth" means an individual who is less than eighteen |
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| 50 | + | 5 (18) years of age and has been: |
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| 51 | + | 6 (1) granted emancipation; or |
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| 52 | + | 7 (2) emancipated by operation of law. |
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| 53 | + | 8 SECTION 2. IC 28-1-1-3.9 IS ADDED TO THE INDIANA CODE |
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| 54 | + | 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 55 | + | 10 1, 2025]: Sec. 3.9. For purposes of section 7 of this chapter, "foster |
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| 56 | + | 11 youth" means an individual who is: |
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| 57 | + | 12 (1) at least sixteen (16) years of age; and |
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| 58 | + | 13 (2) certified or acknowledged as a foster youth (as defined in |
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| 59 | + | 14 IC 31-9-2-47.3) by the department of child services or a |
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| 60 | + | 15 designee of the department of child services. |
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| 61 | + | 16 SECTION 3. IC 28-1-1-7 IS ADDED TO THE INDIANA CODE |
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| 62 | + | 17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 63 | + | EH 1441—LS 7320/DI 119 2 |
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| 64 | + | 1 1, 2025]: Sec. 7. For purposes of IC 28-1-23-17, "qualified youth" |
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| 65 | + | 2 means an individual who is: |
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| 66 | + | 3 (1) a foster youth; or |
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| 67 | + | 4 (2) an emancipated youth. |
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| 68 | + | 5 SECTION 4. IC 28-1-23-17 IS ADDED TO THE INDIANA CODE |
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| 69 | + | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 70 | + | 7 1, 2025]: Sec. 17. (a) A qualified youth may enter into a contract |
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| 71 | + | 8 with a depository financial institution to open a savings or checking |
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| 72 | + | 9 account in the qualified youth's name with the consent of a juvenile |
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| 73 | + | 10 court with jurisdiction over the qualified youth. |
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| 74 | + | 11 (b) A qualified youth who opens a savings or checking account |
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| 75 | + | 12 under subsection (a) is: |
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| 76 | + | 13 (1) solely responsible for paying all banking-related costs |
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| 77 | + | 14 associated with the account; and |
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| 78 | + | 15 (2) solely liable for any and all penalties assessed to the |
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| 79 | + | 16 qualified youth as the account holder due to the qualified |
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| 80 | + | 17 youth's violation of the terms of the account. |
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| 81 | + | 18 (c) A qualified youth may not avoid a contract entered into with |
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| 82 | + | 19 a depository financial institution under subsection (a) by alleging |
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| 83 | + | 20 that the qualified youth was under a legal disability by reason of |
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| 84 | + | 21 the qualified youth's age. |
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| 85 | + | EH 1441—LS 7320/DI 119 3 |
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| 86 | + | COMMITTEE REPORT |
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| 87 | + | Mr. Speaker: Your Committee on Financial Institutions, to which |
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| 88 | + | was referred House Bill 1441, has had the same under consideration |
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| 89 | + | and begs leave to report the same back to the House with the |
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| 90 | + | recommendation that said bill be amended as follows: |
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| 91 | + | Page 1, line 3, delete "IC 28-1-20-5.5" and insert "IC 28-1-23-17". |
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| 92 | + | Page 1, line 7, delete "IC 28-1-20-5.5" and insert "IC 28-1-23-17". |
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| 93 | + | Page 1, line 9, delete "5.5." and insert "17.". |
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| 94 | + | Page 1, line 10, delete "bank or trust company" and insert |
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| 95 | + | "depository financial institution". |
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| 96 | + | Page 2, line 4, delete "bank or trust company" and insert |
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| 97 | + | "depository financial institution". |
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| 98 | + | Page 2, line 10, delete "bank or trust company" and insert |
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| 99 | + | "depository financial institution". |
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| 100 | + | Page 2, line 13, delete "bank or trust company" and insert |
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| 101 | + | "depository financial institution". |
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| 102 | + | Page 2, line 20, delete "IC 28-1-20-5.5" and insert "IC 28-1-23-17". |
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| 103 | + | Page 2, line 21, delete "bank or trust company" and insert |
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| 104 | + | "depository financial institution". |
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| 105 | + | and when so amended that said bill do pass. |
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| 106 | + | (Reference is to HB 1441 as introduced.) |
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| 107 | + | TESHKA |
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| 108 | + | Committee Vote: yeas 13, nays 0. |
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| 109 | + | _____ |
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| 110 | + | HOUSE MOTION |
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| 111 | + | Mr. Speaker: I move that House Bill 1441 be amended to read as |
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| 112 | + | follows: |
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| 113 | + | Page 1, between the enacting clause and line 1, begin a new |
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| 114 | + | paragraph and insert: |
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| 115 | + | "SECTION 1. IC 28-1-1-3.7 IS ADDED TO THE INDIANA CODE |
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19 | | - | (18) years of age and has been: |
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20 | | - | (1) granted emancipation; or |
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21 | | - | (2) emancipated by operation of law. |
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22 | | - | SECTION 2. IC 28-1-1-3.9 IS ADDED TO THE INDIANA CODE |
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23 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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24 | | - | 1, 2025]: Sec. 3.9. For purposes of section 7 of this chapter, "foster |
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25 | | - | youth" means an individual who is: |
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26 | | - | (1) at least sixteen (16) years of age; and |
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27 | | - | (2) certified or acknowledged as a foster youth (as defined in |
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28 | | - | IC 31-9-2-47.3) by the department of child services or a |
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29 | | - | designee of the department of child services. |
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30 | | - | SECTION 3. IC 28-1-1-7 IS ADDED TO THE INDIANA CODE |
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| 119 | + | (18) years of age and has: |
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| 120 | + | (1) filed for; or |
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| 121 | + | (2) been granted; |
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| 122 | + | EH 1441—LS 7320/DI 119 4 |
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| 123 | + | emancipation.". |
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| 124 | + | Page 1, line 3, delete "IC 28-1-23-17," and insert "section 7 of this |
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| 125 | + | chapter,". |
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| 126 | + | Page 1, between lines 6 and 7, begin a new paragraph and insert: |
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| 127 | + | "SECTION 2. IC 28-1-1-7 IS ADDED TO THE INDIANA CODE |
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35 | | - | (2) an emancipated youth. |
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36 | | - | HEA 1441 — Concur 2 |
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37 | | - | SECTION 4. IC 28-1-23-17 IS ADDED TO THE INDIANA CODE |
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38 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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39 | | - | 1, 2025]: Sec. 17. (a) A qualified youth may enter into a contract |
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40 | | - | with a depository financial institution to open a savings or checking |
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41 | | - | account in the qualified youth's name with the consent of a juvenile |
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42 | | - | court with jurisdiction over the qualified youth. |
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43 | | - | (b) A qualified youth who opens a savings or checking account |
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44 | | - | under subsection (a) is: |
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45 | | - | (1) solely responsible for paying all banking-related costs |
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46 | | - | associated with the account; and |
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47 | | - | (2) solely liable for any and all penalties assessed to the |
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48 | | - | qualified youth as the account holder due to the qualified |
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49 | | - | youth's violation of the terms of the account. |
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50 | | - | (c) A qualified youth may not avoid a contract entered into with |
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51 | | - | a depository financial institution under subsection (a) by alleging |
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52 | | - | that the qualified youth was under a legal disability by reason of |
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53 | | - | the qualified youth's age. |
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54 | | - | HEA 1441 — Concur Speaker of the House of Representatives |
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55 | | - | President of the Senate |
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56 | | - | President Pro Tempore |
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57 | | - | Governor of the State of Indiana |
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58 | | - | Date: Time: |
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59 | | - | HEA 1441 — Concur |
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| 132 | + | (2) an emancipated youth.". |
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| 133 | + | Page 1, line 9, delete "foster youth" and insert "qualified youth". |
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| 134 | + | Page 1, line 11, delete "foster youth's" and insert "qualified |
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| 135 | + | youth's". |
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| 136 | + | Page 1, line 14, delete "foster youth" and insert "qualified youth". |
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| 137 | + | Page 1, line 15, delete "foster youth" and insert "qualified youth". |
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| 138 | + | Page 2, line 2, delete "foster" and insert "qualified". |
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| 139 | + | Page 2, line 3, delete "foster youth's" and insert "qualified youth's". |
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| 140 | + | Page 2, line 5, delete "foster" and insert "qualified". |
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| 141 | + | Page 2, line 7, delete "foster youth" and insert "qualified youth". |
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| 142 | + | Page 2, line 13, delete "foster youth" and insert "qualified youth". |
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| 143 | + | Page 2, line 16, delete "foster youth's" and insert "qualified |
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| 144 | + | youth's". |
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| 145 | + | Page 2, line 22, delete "foster" and insert "qualified". |
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| 146 | + | Renumber all SECTIONS consecutively. |
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| 147 | + | (Reference is to HB 1441 as printed February 4, 2025.) |
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| 148 | + | MELTZER |
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| 149 | + | _____ |
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| 150 | + | COMMITTEE REPORT |
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| 151 | + | Mr. President: The Senate Committee on Insurance and Financial |
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| 152 | + | Institutions, to which was referred House Bill No. 1441, has had the |
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| 153 | + | same under consideration and begs leave to report the same back to the |
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| 154 | + | Senate with the recommendation that said bill be AMENDED as |
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| 155 | + | follows: |
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| 156 | + | Page 1, delete line 14, begin a new line block indented and insert: |
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| 157 | + | "(2) certified or acknowledged as a foster youth (as defined in |
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| 158 | + | IC 31-9-2-47.3) by the department of child services or a |
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| 159 | + | designee of the department of child services.". |
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| 160 | + | Page 2, line 6, delete "is legally competent to" and insert "may". |
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| 161 | + | EH 1441—LS 7320/DI 119 5 |
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| 162 | + | Page 2, delete lines 9 through 11, and insert "consent of a juvenile |
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| 163 | + | court with jurisdiction over the qualified youth.". |
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| 164 | + | Page 2, delete lines 19 through 38, begin a new paragraph and |
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| 165 | + | insert: |
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| 166 | + | "(c) A qualified youth may not avoid a contract entered into |
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| 167 | + | with a depository financial institution under subsection (a) by |
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| 168 | + | alleging that the qualified youth was under a legal disability by |
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| 169 | + | reason of the qualified youth's age.". |
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| 170 | + | and when so amended that said bill do pass. |
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| 171 | + | (Reference is to HB 1441 as reprinted February 7, 2025.) |
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| 172 | + | BALDWIN, Chairperson |
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| 173 | + | Committee Vote: Yeas 6, Nays 0. |
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| 174 | + | _____ |
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| 175 | + | SENATE MOTION |
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| 176 | + | Mr. President: I move that Engrossed House Bill 1441 be amended |
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| 177 | + | to read as follows: |
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| 178 | + | Page 1, line 5, delete "has:" and insert "has been: |
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| 179 | + | (1) granted emancipation; or |
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| 180 | + | (2) emancipated by operation of law.". |
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| 181 | + | Page 1, delete lines 6 through 8. |
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| 182 | + | (Reference is to EHB 1441 as printed March 21, 2025.) |
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| 183 | + | YOUNG M |
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| 184 | + | EH 1441—LS 7320/DI 119 |
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