Bill Text: IN HB1334 | 2010 | Regular Session | Introduced
Bill Title: Home ownership education account.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Financial Institutions [HB1334 Detail]
Download: Indiana-2010-HB1334-Introduced.html
Citations Affected: IC 5-20-1-27; IC 9-23-6-4; IC 23-2; IC 23-19;
IC 25-11-1-15.
Synopsis: Home ownership education account. Requires that fees and
funds accruing from the administration of the Indiana Securities Act
(IC 23-19) and other statutes must be deposited in the home ownership
education account. Abolishes the securities division enforcement
account. Makes conforming amendments.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Financial Institutions.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
(1) home ownership education programs established under section 4(d) of this chapter; and
(2) mortgage foreclosure counseling and education programs established under IC 5-20-6-2.
The account is administered by the authority.
(b) The home ownership education account consists of the following:
(1) Court fees collected under IC 33-37-5-30 (before its expiration on January 1, 2013).
(2) Civil penalties imposed and collected under:
(A) IC 6-1.1-12-43(g)(2)(B); or
(B) IC 27-7-3-15.5(e).
(3) Fees and funds accruing from administration of IC 23-19.
(4) Other fees and funds required by law to be deposited into the account.
(c) The expenses of administering the home ownership education account shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the home ownership education account not currently needed to meet the obligations of the account in the same manner as other public money may be invested.
(1) the offer of any franchise is subject to registration under this chapter and it is being, or it has been, offered for sale without such offer first being registered; or
(2) a person has engaged in or is about to engage in an act, a practice, or a course of business constituting a violation of this chapter or a rule or an order under this chapter;
the commissioner may investigate and may issue, with or without a prior hearing, orders and notices as the commissioner determines to be in the public interest, including cease and desist orders, orders to show cause, and notices. After notice and an opportunity for hearing, the commissioner may enter an order of rescission, restitution, or disgorgement, including interest at the rate of eight percent (8%) per year, directed to a person who has violated this chapter or a rule or order under this chapter. In addition to all other remedies, the commissioner may bring an action in the name of and on behalf of the state against any person participating in or about to participate in a violation of this chapter, to enjoin the person from continuing or doing an act furthering a violation of this chapter and may obtain the appointment of a receiver or conservator. Upon a proper showing by the commissioner, the court shall enter an order of the commissioner
directing rescission, restitution, or disgorgement against a person who
has violated this chapter or a rule or order under this chapter.
(b) Upon the issuance of an order or a notice by the commissioner
under subsection (a), the commissioner shall promptly notify the
respondent of the following:
(1) That the order or notice has been issued.
(2) The reasons the order or notice has been issued.
(3) That upon the receipt of a written request the matter will be
set for a hearing to commence not later than forty-five (45)
business days after the commissioner receives the request, unless
the respondent consents to a later date.
If the respondent does not request a hearing and the commissioner does
not order a hearing, the order or notice will remain in effect until it is
modified or vacated by the commissioner. If a hearing is requested or
ordered, the commissioner, after giving notice of the hearing, may
modify or vacate the order or extend it until final determination.
(c) In a final order, the commissioner may charge the costs of an
investigation or a proceeding conducted in connection with a violation
of:
(1) this chapter; or
(2) a rule or an order adopted or issued under this chapter;
to be paid as directed by the commissioner in the order.
(d) In a proceeding in a circuit or superior court under this section,
the commissioner is entitled to recover all costs and expenses of
investigation to which the commissioner would be entitled in an
administrative proceeding, and the court shall include the costs in its
final judgment.
(e) If the commissioner determines, after notice and opportunity for
a hearing, that a person has violated this chapter, the commissioner
may, in addition to or instead of all other remedies, impose a civil
penalty upon the person in an amount not to exceed ten thousand
dollars ($10,000) for each violation. An appeal from the decision of the
commissioner imposing a civil penalty under this subsection may be
taken by an aggrieved party under section 44 of this chapter.
(f) The commissioner may bring an action in the circuit or superior
court of Marion County to enforce payment of any penalty imposed
under subsection (e).
(g) Penalties collected under this section shall be deposited in the
securities division enforcement home ownership education account
established under IC 23-19-6-1(f). IC 5-20-1-27.
JULY 1, 2010]: Sec. 43. (a) All fees and funds of whatever character
accruing from the administration of this chapter shall be:
(1) accounted for by the secretary of state;
(2) paid into the state treasury monthly; and
(3) placed in the same home ownership education account of the
state general fund as established by IC 23-19-6-1(f), from which
all compensation and expenses shall be paid for the
administration of this chapter. IC 5-20-1-27.
(b) The fee for filing a form for registration by notification of the
sale of franchises under section 10.5 of this chapter is five hundred
dollars ($500).
(c) The fee for filing a registration renewal form under section 18 of
this chapter is two hundred fifty dollars ($250).
(d) When a registration notification form or registration renewal
form is denied or withdrawn, the commissioner shall retain one
hundred fifty dollars ($150) of the fee.
(b) Except as provided in subsection (c), all fees and funds accruing from the administration of this chapter shall be accounted for by the commissioner and shall be deposited with the treasurer of state who shall deposit them in the loan broker regulation account in the state general fund.
(c) All expenses incurred in the administration of this chapter shall be paid from appropriations made from the state general fund.
JULY 1, 2010]: Sec. 28. (a) The commissioner may make
investigations in or outside Indiana that the commissioner finds
necessary or appropriate to:
(1) determine whether any person has violated or is about to
violate this chapter or any rule or order of the commissioner; or
(2) aid in the enforcement of this chapter.
(b) The commissioner may charge as costs of an investigation or
examination all reasonable expenses, including a per diem prorated on
the salary of the commissioner or an employee. All reasonable
expenses of investigation, examination, or hearing shall be paid by the
party under investigation or examination.
(c) The commissioner may publish information concerning any
violation of this chapter or any rule or order of the commissioner. The
commissioner shall upon request make available for inspection and
copying under IC 5-14-3 information concerning any violation of this
chapter or any rule or order of the commissioner.
(d) For purposes of an investigation or a proceeding under this
chapter, the commissioner or an officer or employee designated by rule
or order may do any of the following:
(1) Administer oaths and affirmations.
(2) Subpoena witnesses and compel the attendance of witnesses.
(3) Take evidence.
(4) Require the production of books, papers, correspondence,
memoranda, agreements, or other documents or records that the
commissioner finds to be relevant or material to the investigation
or proceeding.
(e) If a person does not give testimony or produce the documents
required by the commissioner or the commissioner's designee under an
administrative subpoena, the commissioner or the designee may
petition for a court order compelling compliance with the subpoena or
the giving of the required testimony.
(f) A petition for an order of compliance under subsection (e) may
be filed in any of the following:
(1) The circuit or superior court of a county containing a
consolidated city.
(2) The circuit or superior court where service may be obtained on
the person refusing to comply with the subpoena if the person is
within Indiana.
(3) The appropriate court of the state having jurisdiction over the
person refusing to comply with the subpoena if the person is
outside Indiana.
(g) Costs of investigations, examinations, and hearings and civil
penalties recovered under this chapter shall be deposited in the
securities division enforcement home ownership education account
established under IC 23-19-6-1(f). With the approval of the budget
agency, the funds in the securities division enforcement account may
be used to augment and supplement the funds appropriated for the
administration of this chapter. IC 5-20-1-27.
(b) If the commissioner finds that the order is in the public interest and subsection (d) authorizes the action, an order issued under this article may revoke, suspend, condition, or limit the registration of a registrant and, if the registrant is a broker-dealer or investment adviser, of a partner, officer, director, or person having a similar status or performing similar functions, or a person directly or indirectly in control of the broker-dealer or investment adviser. However, the commissioner may not:
(1) institute a revocation or suspension proceeding under this subsection based on an order issued under a law of another state that is reported to the commissioner or a designee of the commissioner more than one (1) year after the date of the order on which it is based; or
(2) under subsection (d)(5)(A) and (d)(5)(B), issue an order on the basis of an order issued under the securities act of another state unless the other order was based on conduct for which subsection (d) would authorize the action had the conduct occurred in this state.
(c) If the commissioner finds that the order is in the public interest and subsection (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(6), (d)(8), (d)(9), (d)(10), (d)(12), or (d)(13) authorizes the action, an order under this article may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of ten thousand dollars ($10,000) per violation on a registrant, and, if the registrant is a broker-dealer or investment adviser, a partner, officer, director, or person having a
similar status or performing similar functions, or a person directly or
indirectly in control of the broker-dealer or investment adviser.
(d) A person may be disciplined under subsections (a) through (c)
if the person:
(1) has filed an application for registration in this state under this
article or the predecessor act within the previous ten (10) years,
which, as of the effective date of registration or as of any date
after filing in the case of an order denying effectiveness, was
incomplete in any material respect or contained a statement that,
in light of the circumstances under which it was made, was false
or misleading with respect to a material fact;
(2) knowingly violated or knowingly failed to comply with this
article or the predecessor act or a rule adopted or order issued
under this article or the predecessor act within the previous ten
(10) years;
(3) has been convicted of a felony or within the previous ten (10)
years has been convicted of a misdemeanor involving a security,
a commodity future or option contract, or an aspect of a business
involving securities, commodities, investments, franchises,
insurance, banking, or finance;
(4) is enjoined or restrained by a court with jurisdiction in an
action instituted by the commissioner under this article or the
predecessor act, a state, the Securities and Exchange Commission,
or the United States from engaging in or continuing an act,
practice, or course of business involving an aspect of a business
involving securities, commodities, investments, franchises,
insurance, banking, or finance;
(5) is the subject of an order, issued after notice and opportunity
for hearing, by:
(A) the securities, depository institution, insurance, or other
financial services regulator of a state or by the Securities and
Exchange Commission or other federal agency denying,
revoking, barring, or suspending registration as a
broker-dealer, agent, investment adviser, federal covered
investment adviser, or investment adviser representative;
(B) the securities regulator of a state or the Securities and
Exchange Commission against a broker-dealer, agent,
investment adviser, investment adviser representative, or
federal covered investment adviser;
(C) the Securities and Exchange Commission or a
self-regulatory organization suspending or expelling the
registrant from membership in the self-regulatory
organization;
(D) a court adjudicating a United States Postal Service fraud
order;
(E) the insurance regulator of a state denying, suspending, or
revoking registration as an insurance agent;
(F) a depository institution regulator suspending or barring the
person from the depository institution business; or
(G) any state regulatory body or organization governing real
estate brokers or sales persons denying, suspending, or
revoking a person's registration or license in the real estate
industry;
(6) is the subject of an adjudication or determination, after notice
and opportunity for hearing, by the Securities and Exchange
Commission, the Commodity Futures Trading Commission, the
Federal Trade Commission, a federal depository institution
regulator, or a depository institution, insurance, or other financial
services regulator of a state that the person willfully violated the
Securities Act of 1933, the Securities Exchange Act of 1934, the
Investment Advisers Act of 1940, the Investment Company Act
of 1940, or the Commodity Exchange Act, the securities or
commodities law of a state, or a federal or state law under which
a business involving investments, franchises, insurance, banking,
or finance is regulated;
(7) is insolvent, either because the person's liabilities exceed the
person's assets or because the person cannot meet the person's
obligations as they mature, but the commissioner may not enter an
order against an applicant or registrant under this subdivision
without a finding of insolvency as to the applicant or registrant;
(8) refuses to allow or otherwise impedes the commissioner from
conducting an audit or inspection under section 11(d) of this
chapter or refuses access to a registrant's office to conduct an
audit or inspection under section 11(d) of this chapter;
(9) has failed to reasonably supervise an agent, investment adviser
representative, or other individual, if the agent, investment
adviser representative, or other individual was subject to the
person's supervision and committed a violation of this article or
the predecessor act or a rule adopted or order issued under this
article or the predecessor act within the previous ten (10) years;
(10) has not paid the proper filing fee within thirty (30) days after
having been notified by the commissioner of a deficiency, but the
commissioner shall vacate an order under this subdivision when
the deficiency is corrected;
(11) after notice and opportunity for a hearing, has been found within the previous ten (10) years:
(A) by a court with jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated;
(B) to have been the subject of an order of a securities regulator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person; or
(C) to have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction;
(12) is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state;
(13) has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten (10) years;
(14) is not qualified on the basis of factors such as training, experience, and knowledge of the securities business. However, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this subdivision if the individual has successfully completed all examinations required by subsection (e). The commissioner may require an applicant for registration under section 2 or 4 of this chapter who has not been registered in a state within the two (2) years preceding the filing of an application in this state to successfully complete an examination; or
(15) is on the most recent tax warrant list supplied to the commissioner by the department of state revenue.
(e) A rule adopted or order issued under this article may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order issued under this article may waive, in whole or in part, an examination as to an individual and a rule adopted under this article may waive, in whole or
in part, an examination as to a class of individuals if the commissioner
determines that the examination is not necessary or appropriate in the
public interest and for the protection of investors.
(f) The commissioner may suspend or deny an application
summarily; restrict, condition, limit, or suspend a registration; or
censure, bar, or impose a civil penalty on a registrant before final
determination of an administrative proceeding. Upon the issuance of
an order, the commissioner shall promptly notify each person subject
to the order that the order has been issued, the reasons for the action,
and that within fifteen (15) days after the receipt of a request in a
record from the person the matter will be scheduled for a hearing. If a
hearing is not requested and none is ordered by the commissioner
within thirty (30) days after the date of service of the order, the order
becomes final by operation of law. If a hearing is requested or ordered,
the commissioner, after notice of and opportunity for hearing to each
person subject to the order, may modify or vacate the order or extend
the order until final determination.
(g) An order may not be issued under this section, except under
subsection (f), without:
(1) appropriate notice to the applicant or registrant;
(2) opportunity for hearing; and
(3) findings of fact and conclusions of law in a record.
(h) A person that controls, directly or indirectly, a person not in
compliance with this section may be disciplined by order of the
commissioner under subsections (a) through (c) to the same extent as
the noncomplying person, unless the controlling person did not know,
and in the exercise of reasonable care could not have known, of the
existence of conduct that is a ground for discipline under this section.
(i) The commissioner may not institute a proceeding under
subsection (a), (b), or (c) based solely on material facts actually known
by the commissioner unless an investigation or the proceeding is
instituted within one (1) year after the commissioner actually acquires
knowledge of the material facts.
(j) All fines and penalties collected under this section shall be
deposited into the securities division enforcement home ownership
education account as established by IC 23-19-6-1(f). IC 5-20-1-27.
this article under the direction and control of the secretary of state. The
salary of the securities commissioner shall be paid out of the funds
appropriated for the administration of this article. The commissioner
shall serve at the will of the secretary of state.
(b) The secretary of state:
(1) shall employ a chief deputy, attorneys, a senior investigator,
a senior accountant, and other deputies, investigators,
accountants, clerks, stenographers, and other employees necessary
for the administration of this article; and
(2) shall fix their compensation with the approval of the budget
agency.
(c) It is unlawful for the commissioner or an officer, employee, or
designee of the commissioner to use for personal benefit or the benefit
of others records or other information obtained by or filed with the
commissioner that are not public under section 7(b) of this chapter.
This article does not authorize the commissioner or an officer,
employee, or designee of the commissioner to disclose the record or
information, except in accordance with section 2, 7(c), or 8 of this
chapter.
(d) This article does not create or diminish a privilege or exemption
that exists at common law, by statute or rule, or otherwise.
(e) The commissioner may develop and implement investor
education initiatives to inform the public about investing in securities,
with particular emphasis on the prevention and detection of securities
fraud. In developing and implementing these initiatives, the
commissioner may collaborate with public and nonprofit organizations
with an interest in investor education. The commissioner may accept
a grant or donation from a person that is not affiliated with the
securities industry or from a nonprofit organization, regardless of
whether the organization is affiliated with the securities industry, to
develop and implement investor education initiatives. This subsection
does not authorize the commissioner to require participation or
monetary contributions of a registrant in an investor education
program.
(f) Fees and funds of whatever character accruing from the
administration of this article shall be accounted for by the secretary of
state and shall be deposited with the treasurer of state. to be deposited
by The treasurer of the state in either shall deposit these fees and
funds in the home ownership education account of the state general
fund or the enforcement account referenced below. established by
IC 5-20-1-27. Expenses incurred in the administration of this article
shall be paid from the state general fund upon appropriation being
made for the expenses in the manner provided by law for the making
of those appropriations. However, grants and donations under
subsection (e), costs of investigations, and civil penalties recovered
under sections 3(b) and 4(d) of this chapter shall be deposited by the
treasurer of state in a separate account to be known as the securities
division enforcement account. The funds in the enforcement account
shall be available, with the approval of the budget agency:
(1) to augment and supplement the funds appropriated for the
administration of this article; and
(2) for grants and awards to nonprofit entities for programs and
activities that will further investor education and financial literacy
in the state.
The funds in the enforcement account do not revert to the state general
fund at the end of any state fiscal year.
(g) In connection with the administration and enforcement of this
article, the attorney general shall render all necessary assistance to the
commissioner upon the commissioner's request, and to that end, the
attorney general shall employ legal and other professional services as
are necessary to adequately and fully perform the service under the
direction of the commissioner as the demands of the securities division
shall require. Expenses incurred by the attorney general for the
purposes stated in this subsection shall be chargeable against and paid
out of funds appropriated to the attorney general for the administration
of the attorney general's office. The attorney general may authorize the
commissioner and the commissioner's designee to represent the
commissioner and the securities division in any proceeding involving
enforcement or defense of this article.
(h) Neither the secretary of state, the commissioner, nor an
employee of the securities division shall be liable in their individual
capacity, except to the state, for an act done or omitted in connection
with the performance of their respective duties under this article.
(i) The commissioner shall take, prescribe, and file the oath of office
prescribed by law. The commissioner, chief deputy commissioner, and
each attorney or investigator designated by the commissioner are police
officers of the state and shall have all the powers and duties of police
officers in making arrests for violations of this article, or in serving any
process, notice, or order connected with the enforcement of this article
by whatever officer, authority, or court issued and shall comprise the
enforcement department of the division and are considered a criminal
justice agency for purposes of IC 5-2-4 and IC 10-13-3.
(j) The provisions of this article delegating and granting power to
the secretary of state, the securities division, and the commissioner
shall be liberally construed to the end that:
(1) the practice or commission of fraud may be prohibited and
prevented;
(2) disclosure of sufficient and reliable information in order to
afford reasonable opportunity for the exercise of independent
judgment of the persons involved may be assured; and
(3) the qualifications may be prescribed to assure availability of
reliable broker-dealers, investment advisers, and agents engaged
in and in connection with the issuance, barter, sale, purchase,
transfer, or disposition of securities in this state.
It is the intent and purpose of this article to delegate and grant to and
vest in the secretary of state, the securities division, and the
commissioner full and complete power to carry into effect and
accomplish the purpose of this article and to charge them with full and
complete responsibility for its effective administration.
(k) Copies of any statement and documents filed in the office of the
secretary of state and of any records of the secretary of state certified
by the commissioner shall be admissible in any prosecution, action,
suit, or proceeding based upon, arising out of, or under this article to
the same effect as the original of such statement, document, or record
would be if actually produced.
(l) IC 4-21.5 is not applicable to any of the proceedings under this
article.
(b) In an action under this section and on a proper showing, the court may:
(1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;
(2) order other appropriate or ancillary relief, which may include:
(A) an asset freeze, accounting, writ of attachment, writ of
general or specific execution, and appointment of a receiver or
conservator;
(B) ordering a receiver or conservator appointed under clause
(A) to take charge and control of a respondent's property,
including investment accounts and accounts in a depository
institution, rents, and profits; to collect debts; and to acquire
and dispose of property;
(C) imposing a civil penalty up to ten thousand dollars
($10,000) per violation and an order of rescission, restitution,
or disgorgement directed to a person that has engaged in an
act, practice, or course of business constituting a violation of
this article or the predecessor act or a rule adopted or order
issued under this article or the predecessor act; and
(D) ordering the payment of prejudgment and postjudgment
interest; or
(3) order such other relief as the court considers appropriate.
(c) The commissioner may not be required to post a bond in an
action or proceeding under this article.
(d) Penalties collected under this section shall be deposited in the
securities division enforcement home ownership education account
established under section 1 of this chapter. IC 5-20-1-27.
(1) investigate and may issue, with or without a prior hearing, orders and notices as the commissioner determines to be in the public interest, including cease and desist orders, orders to show cause, and notices. After notice and hearing, the commissioner may enter an order of rescission, restitution, or disgorgement, including interest at the legal rate of interest, directed to a person who has violated this article or a rule or order under this article;
(2) issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under IC 23-19-4-1(b)(1)(D) or IC 23-19-4-1(b)(1)(F) or an investment adviser under IC 23-19-4-3(b)(1)(C); or
(3) issue an order under IC 23-19-2-4.
(b) An order under subsection (a) is effective on the date of issuance. Upon issuance of the order, the commissioner shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement whether the commissioner will seek a civil penalty or costs of the investigation, a statement of the reasons for the order, and notice that, within fifteen (15) days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the commissioner within forty-five (45) days after the date of service of the order, the order, which may include a civil penalty or costs of the investigation if a civil penalty or costs were sought in the statement accompanying the order, becomes final as to that person by operation of law. If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination.
(c) If a hearing is requested or ordered under subsection (b), the hearing must be held not later than fifteen (15) business days after receipt if the original order issued by the commissioner was a summary suspension, summary revocation, or denial of a license and not later than forty-five (45) business days after receipt for all other orders. A final order may not be issued unless the commissioner makes findings of fact and conclusions of law in a record. The final order may make final, vacate, or modify the order issued under subsection (a).
(d) In a final order under subsection (c), the commissioner may impose a civil penalty up to ten thousand dollars ($10,000) per violation. Penalties collected under this section shall be deposited in the
(e) In a final order, the commissioner may charge the cost of an investigation or proceeding for a violation of this article or a rule adopted or order issued under this article.
(f) If a petition for judicial review of a final order is not filed in accordance with section 9 of this chapter, the commissioner may file a certified copy of the final order with the clerk of a court with jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.
(g) If a person does not comply with an order under this section, the commissioner may petition a court with jurisdiction to enforce the
order. The court may not require the commissioner to post a bond in an
action or proceeding under this section. If the court finds, after service
and opportunity for hearing, that the person was not in compliance with
the order, the court may adjudge the person in civil contempt of the
order. The court may impose a further civil penalty against the person
for contempt in an amount not greater than twenty thousand dollars
($20,000) for each violation and may grant any other relief the court
determines is just and proper in the circumstances.
(h) The commissioner shall send a certified copy of every final order
that suspends or revokes a person's registration under this article, or
that orders a person who is not registered under this article to cease and
desist from violating this article, to the insurance commissioner
appointed under IC 27-1-1-2. The insurance commissioner shall act in
accordance with IC 27-1-15.6-29.5.
(b) The secretary of state may bring an action in the circuit or superior court of Marion County to enforce payment of any penalty imposed under subsection (a).
(c) Penalties collected under this section shall be deposited in the
