SB 229

                                                             Introduced Version
           SENATE BILL No. 229
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-32-3; IC 33-42-13-3.
Synopsis: Various transaction matters. Provides that certain conditions
must be met before a person may sign a sales contract to purchase an
interest in a time share unit. Provides that a purchaser has the right to
cancel a camping club membership or time share purchase within 14
days after the execution of the sales contract, excluding Sundays and
legal holidays (current law is 72 hours). Prohibits a notary public from
performing a notarial act for a transaction when the notary public is an:
(1) interest holder; or (2) officer, director, manager, or other agent; of
a party to the transaction.
Effective: July 1, 2026.
                               Donato
   January 8, 2026, read first time and referred to Committee on Judiciary.
2026  IN 229—LS 6877/DI 154
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 229
    A BILL FOR AN ACT to amend the Indiana Code concerning
 property.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 32-32-3-5.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 5.5. (a) Before a person may sign a sales contract to
4 purchase an interest in a time share unit, the following must occur:
5      (1) A seller must deliver to the person a document that:
6(A) subject to subsections (b) and (c), lists the total of any
7fees or expenses associated with:
8(i) the purchase of an interest in the time share unit; and
9(ii) the ownership of an interest in the time share unit;
10and
11(B) describes the method by which any fees or expenses
12described in clause (A) are calculated.
13      (2) At least forty-eight (48) hours must have passed since the
14      seller delivered the document described in subdivision (1).
15    (b) If a sales contract to purchase an interest in a time share
16 unit transfers a permanent interest in the time share unit to a
17 person, the document described in subsection (a) must project the
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1 total of any fees and expenses described in subsection (a)(1) for
2 thirty (30) years after the anticipated purchase date.
3     (c) If a sales contract to purchase an interest in a time share unit
4 does not transfer a permanent interest in the time share unit to a
5 person, the document described in subsection (a) must project the
6 total of any fees and expenses described in subsection (a)(1) for the
7 entire period of time that the person will have an interest in the
8 time share unit.
9     SECTION 2. IC 32-32-3-7 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. (a) A purchaser has
11 the right to cancel a camping club membership or time share purchase
12 within seventy-two (72) hours fourteen (14) days after the execution
13 of the sales contract, excluding Sundays and legal holidays as set forth
14 in IC 1-1-9-1. The right of cancellation shall be set forth conspicuously
15 in boldface type on the first page of any time share instrument or
16 camping club membership agreement and immediately above the
17 signature of the purchaser on any sales contract. In each case, the
18 cancellation clause must include an explanation of the conditions and
19 manner of exercise of the cancellation right. The right of cancellation
20 may not be waivable by any purchaser. The developer shall furnish to
21 each purchaser a form, as prescribed by the agency, for the exercise of
22 the right.
23     (b) To cancel a camping club membership or time share purchase,
24 a consumer must give notice of cancellation by mail or telegraphic
25 communication or as otherwise allowed by this subsection. The notice
26 is effective on the date postmarked or when transmitted from the place
27 of origin. Any written notice of cancellation delivered other than by
28 mail or telegraph is effective at the time of delivery at the place of
29 business of the developer or escrow agent designated in the form of
30 notice of cancellation.
31     SECTION 3. IC 33-42-13-3, AS AMENDED BY P.L.177-2019,
32 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2026]: Sec. 3. (a) A commission as a notary public does not
34 allow a person to do the following:
35(1) Provide legal advice or otherwise practice law.
36(2) Act as an immigration consultant or provide advice on
37immigration matters.
38(3) Represent a person in an administrative or judicial proceeding
39related to citizenship or immigration.
40(4) Use an initial or name, other than the initial or name under
41which the notary public has been commissioned, to sign an
42acknowledgment.
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1(5) Take an acknowledgment or administer an oath to any person
2the notary public knows at the time to be:
3(A) adjudicated mentally incompetent; or
4(B) under a guardianship described in IC 29-3.
5(6) Take an acknowledgment from any person who is blind
6without first reading the record to the person who is blind.
7(7) Take the acknowledgment of any person who does not speak
8or understand the English language unless the nature and effect
9of the record is translated into a language the person speaks or
10understands.
11(8) Take the acknowledgment of a record without witnessing a
12signature or receiving an acknowledgment from the principal that
13the signature is authentic.
14(9) Take a verification of an affidavit or oath in the absence of an
15affirmation of truth by the affiant.
16(10) Perform a notarial act for:
17(A) oneself;
18(B) one's spouse; or
19(C) any party;
20that may directly benefit a person described in clause (A) or (B).
21(11) Perform a notarial act for a transaction when the notary
22public is an:
23(A) interest holder (as defined in IC 23-0.5-1.5-17); or
24(B) officer, director, manager, or other agent;
25of a party to the transaction.
26     (b) A notary public may not engage in false or deceptive advertising.
27     (c) A notary public, other than an attorney licensed to practice law
28 in Indiana, may not use the term "notario" or "notario publico".
29     (d) Except as provided in subsection (g), a notary public may not
30 advertise or represent that the notary public can draft legal documents,
31 provide legal advice, or otherwise practice law. Any notary public who
32 advertises notarial services shall include the following statement in
33 each advertisement:
34"I am not an attorney licensed to practice law in Indiana. I am not
35allowed to draft legal records, give advice on legal matters,
36including immigration, or charge a fee for those activities.".
37     (e) The statement described in subsection (d) shall be translated into
38 every language used in an advertisement.
39     (f) If size or space restrictions make it impossible for the statement
40 to be incorporated into an advertisement, the statement described in
41 subsection (d) shall be prominently displayed at the site where the
42 notarial act is performed. A display described in this subsection must
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1 be shown before the performance of a notarial act.
2     (g) Subsections (c) through (f) do not apply to a notary public who
3 is licensed to practice law in Indiana.
4     (h) Unless otherwise permitted by law, a notary public may not
5 withhold access to or possession of an original record provided by a
6 person seeking the performance of a notarial act by a notary public.
7     (i) A notary public who violates this chapter may have the notary
8 public's commission revoked by a judge with jurisdiction in the county
9 in which the notary public resides or is primarily employed.
10     (j) A notary public whose commission has been revoked may not
11 reapply for a new commission until five (5) years after the revocation.
12     (k) A notary public who has been convicted of notario publico
13 deception under section 4 of this chapter may not reapply for a new
14 commission.
15     (l) If the secretary of state revokes the commission of a notary
16 public, the notary public may not reapply for a new commission for five
17 (5) years.
18     (m) A notary public may not perform a notarial act when the notary
19 public's commission is suspended or revoked.
 2026  IN 229—LS 6877/DI 154