Prepared by: Faegre Drinker Biddle & Reath
Report created on April 12, 2021
 
HB1252PROBATE AND GUARDIANSHIP MATTERS. (YOUNG J) Removes conflicts between probate and guardianship statutes regarding classification of claims. Requires, for purposes of the power of attorney act, that a principal may not be a minor. Creates a tenant's representative for a deceased tenant or a tenant who is under a guardianship and specifies who may accept an appointment as a tenant's representative. Protects the proceeds from the sale of real property where no estate administration has been opened within five months of the decedent's date of death from claims of all creditors. Lists the claims having priority and preference in certain circumstances. Makes a technical correction between SEA 276 and HB 1252.
 Current Status:   4/12/2021 - House Concurred in Senate Amendments ; Roll Call 403: yeas 89, nays 0
 All Bill Status:   4/12/2021 - Concurrences Eligible for Action
4/8/2021 - Motion to concur filed
3/30/2021 - added as second sponsor Senator Koch
3/30/2021 - Third reading passed; Roll Call 292: yeas 50, nays 0
3/30/2021 - House Bills on Third Reading
3/29/2021 - Second reading ordered engrossed
3/29/2021 - House Bills on Second Reading
3/25/2021 - Committee Report amend do pass, adopted
3/24/2021 - Senate Committee recommends passage, as amended Yeas: 6; Nays: 1;
3/24/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
2/18/2021 - Referred to Senate Judiciary
2/18/2021 - First Reading
2/2/2021 - Referred to Senate
2/1/2021 - Senate sponsor: Senator Freeman
2/1/2021 - Third reading passed; Roll Call 26: yeas 96, nays 0
2/1/2021 - House Bills on Third Reading
1/28/2021 - added as coauthor Representative Hatfield
1/28/2021 - Second reading ordered engrossed
1/28/2021 - House Bills on Second Reading
1/26/2021 - Committee Report amend do pass, adopted
1/25/2021 - House Committee recommends passage, as amended Yeas: 9; Nays: 0
1/25/2021 - House Judiciary, (Bill Scheduled for Hearing)
1/14/2021 - Referred to House Judiciary
1/14/2021 - First Reading
1/14/2021 - Coauthored by Representative Torr
1/14/2021 - Authored By John Young
 
HB1255PROBATE AND PROPERTY MATTERS. (YOUNG J) Provides that a testator may execute a will in two or more counterparts. Specifies certain requirements for a will executed in two or more counterparts. Provides that a self-proving clause may be incorporated into or affixed to a will. Specifies certain requirements for self-proving clauses and wills. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a will. Exempts a will from the need for a recertification or a reexecution in certain instances. Specifies certain requirements concerning the execution of an electronic will. Allows an attorney or paralegal to supervise the execution of an electronic will. Exempts electronic wills from the need for recertification or reexecution in certain instances. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic will. Specifies certain requirements concerning the execution of a power of attorney. Allows a power of attorney to be executed in two or more counterparts. Specifies certain requirements for the execution of a power of attorney in two or more counterparts. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies certain requirements for self-proving clauses incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a power of attorney. Provides that an electronically signed and notarized electronic power of attorney is valid if the electronic power of attorney complies with certain specified requirements. Specifies certain requirements for attesting witnesses involved in the execution of a power of attorney or an electronic power of attorney. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic power of attorney. Provides that certain persons are ineligible to sign certain trust instruments. Requires certain transfer on death conveyances to occur in the presence of a disinterested witness. Repeals certain provisions concerning mortgages, conveyances, and other written instruments that are executed in a foreign country. Repeals certain provisions concerning the affixing of a private seal or ink scroll on certain conveyances involving land or interests in land. Specifies certain requirements concerning land conveyances performed by attorneys in fact. Requires certain notarial acts to accompany the recording of certain conveyances. Requires an English translation for certain instruments, acknowledgments, and proofs when the original document is not in English. Repeals a provision concerning the recording of a conveyance, mortgage, or other instrument in a county other than the county where the conveyance, mortgage, or other instrument is required to be recorded. Repeals a provision concerning the recording of a conveyance that is acknowledged outside Indiana but within the United States. Specifies: (1) certain prerequisites; and (2) a certain form; for the recording of certain instruments. Repeals a provision concerning the receipt of an acknowledgment by a public officer. Specifies that an instrument's acknowledgment or proof is incomplete when an instrument does not include an accompanying certificate. Provides that the transcript of an instrument that is recorded without a certificate cannot be read into or received as evidence. Specifies requirements concerning electronic recording of certain instruments concerning real property. Requires county recorders to implement specified functions concerning the: (1) acceptance; (2) receipt; (3) indexing; (4) storage; (5) archiving; and (6) transmittal; of electronically recorded instruments. Specifies certain requirements concerning the recording of a paper or tangible copy of an electronic instrument. Repeals a provision concerning the acknowledgment of certain instruments and the performance of certain notarial acts for a person serving in the armed forces, merchant marine, or outside the United States in connection with a wartime activity. Repeals provisions concerning: (1) certain notarial acts; and (2) acknowledgments; and their respective uses as prima facie evidence. Repeals a provision concerning certain executed instruments and a failure to state the location of the instrument's execution or any accompanying acknowledgment, if applicable. Provides that certain notarial acts are considered to have been performed in Indiana when certain specified criteria are met. Requires a county recorder's office to provide notice of office closures that last three or more days. Defines certain terms. Makes conforming amendments. Removes sections that conflict with HEA 1056. Makes a technical correction.
 Current Status:   4/8/2021 - Signed by the President Pro Tempore
 All Bill Status:   4/1/2021 - House Concurred in Senate Amendments ; Roll Call 344: yeas 84, nays 1
4/1/2021 - Concurrences Eligible for Action
3/31/2021 - Motion to concur filed
3/23/2021 - added as second sponsor Senator Koch
3/23/2021 - Third reading passed; Roll Call 261: yeas 41, nays 8
3/23/2021 - House Bills on Third Reading
3/22/2021 - Second reading ordered engrossed
3/22/2021 - House Bills on Second Reading
3/18/2021 - Committee Report amend do pass, adopted
3/17/2021 - Senate Committee recommends passage, as amended Yeas: 7; Nays: 1;
3/17/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
3/16/2021 - added as cosponsor Senator Randolph
3/10/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
3/3/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
2/18/2021 - Referred to Senate Judiciary
2/18/2021 - First Reading
2/2/2021 - Referred to Senate
2/1/2021 - Senate sponsor: Senator Freeman
2/1/2021 - Third reading passed; Roll Call 27: yeas 95, nays 1
2/1/2021 - House Bills on Third Reading
1/28/2021 - added as coauthor Representative Hatfield
1/28/2021 - Second reading ordered engrossed
1/28/2021 - House Bills on Second Reading
1/26/2021 - Committee Report amend do pass, adopted
1/25/2021 - House Committee recommends passage, as amended Yeas: 9; Nays: 0
1/25/2021 - House Judiciary, (Bill Scheduled for Hearing)
1/14/2021 - Referred to House Judiciary
1/14/2021 - First Reading
1/14/2021 - Coauthored by Representative Torr
1/14/2021 - Authored By John Young
 
HB1527EMINENT DOMAIN. (GOODRICH C) Makes changes to condemnation proceedings in which appraisers are appointed after December 31, 2021. Requires a city or town (municipality) condemning property within the unincorporated area of the county to obtain the county legislative body's approval by demonstrating the necessity for the taking and that it is for a public purpose. Provides that if a defendant's objection to the condemnation is sustained: (1) the plaintiff must pay the defendant's attorney's fees and costs in order to amend the complaint; and (2) the plaintiff is prohibited from filing a new complaint in condemnation against the same property for five years, unless the plaintiff proves urgent necessity for the condemnation and demonstrates payment of the defendant's attorney's fees and costs incurred for the previous condemnation action. Allows a business owner to claim compensation for intangible business losses and loss of driveway access due to condemnation. Exempts condemnation actions brought by the state acting through the Indiana department of transportation from the following: (1) The reimbursement of reasonable costs, expenses, and attorney's fees if a defendant's objection to a condemnation is sustained. (2) The prohibition on filing a new complaint in condemnation for five years if a defendant's objection to a condemnation is sustained. Requires the state acting through the Indiana department of transportation to pay the lesser of $25,000 or the fair market value of the defendant's property if the award of a court is greater than the amount specified in the last offer of settlement.
 Current Status:   3/11/2021 - Referred to Senate Local Government
 All Bill Status:   3/11/2021 - First Reading
2/23/2021 - Referred to Senate
2/22/2021 - added as coauthor Representative Hostettler
2/22/2021 - added as coauthor Representative Carbaugh
2/22/2021 - Senate sponsors: Senators Doriot and Boots
2/22/2021 - Third reading passed; Roll Call 207: yeas 62, nays 34
2/22/2021 - House Bills on Third Reading
2/18/2021 - Second reading ordered engrossed
2/18/2021 - House Bills on Second Reading
2/16/2021 - Committee Report amend do pass, adopted
2/10/2021 - House Committee recommends passage, as amended Yeas: 7; Nays: 4;
2/10/2021 - House Local Government, (Bill Scheduled for Hearing)
1/14/2021 - Referred to House Local Government
1/14/2021 - First Reading
1/14/2021 - Coauthored by Representative Ellington
1/14/2021 - Authored By Chuck Goodrich
 
SB204HEALTH CARE ADVANCE DIRECTIVES. (ROGERS L) Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds definitions of "notarial officer", "observe", "present", and "telephonic interaction" to allow a mentally competent declarant to sign an advance directive by using technology to interact in real time with a notarial officer or with two attesting witnesses. Specifies certain prerequisites when witnessing specified directives through telephonic interaction. Provides for remote witnessing or signing of separate paper counterparts that are assembled later into a complete composite paper advance directive. Provides that the new health care directive provisions do not affect the consent provisions concerning abortion or a minor's medical or hospital care and treatment with respect to the minor's pregnancy, delivery, or postpartum care. Provides that an attending advanced practice registered nurse or physician assistant may perform the same functions and have the same responsibilities as an attending physician for purposes of an out of hospital do not resuscitate declaration. Adds cross references. Defines certain terms. Makes conforming changes. Makes technical changes.
 Current Status:   3/30/2021 - Third reading passed; Roll Call 329: yeas 92, nays 0
 All Bill Status:   3/30/2021 - Senate Bills on Third Reading
3/29/2021 - Amendment #1 (Nisly) ruled out of order
3/29/2021 - Second reading ordered engrossed
3/29/2021 - Amendment #1 (Nisly) ruled out of order voice vote
3/29/2021 - Senate Bills on Second Reading
3/25/2021 - Committee Report do pass, adopted
3/24/2021 - House Committee recommends passage Yeas: 10; Nays: 0;
3/24/2021 - House Public Health, (Bill Scheduled for Hearing)
3/1/2021 - Referred to House Public Health
3/1/2021 - First Reading
2/16/2021 - added as coauthor Senator Raatz
2/16/2021 - Cosponsors: Representatives Barrett and Hatfield
2/16/2021 - House sponsor: Representative Young J
2/16/2021 - Third reading passed; Roll Call 125: yeas 46, nays 0
2/16/2021 - Senate Bills on Third Reading
2/15/2021 - added as coauthor Senator Young M
2/15/2021 - added as coauthor Senator Lanane
2/15/2021 - Reread second time: amended, ordered engrossed
2/15/2021 - Amendment #6 (Rogers) prevailed; voice vote
2/15/2021 - Senate Bills on Second Reading
2/11/2021 - Placed back on second reading
2/11/2021 - Second reading ordered engrossed
2/11/2021 - Senate Bills on Second Reading
2/9/2021 - Senate Bills on Second Reading
2/8/2021 - Senate Bills on Second Reading
2/4/2021 - Committee Report amend do pass, adopted
2/3/2021 - Senate Committee recommends passage, as amended Yeas: 8; Nays: 0;
2/3/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
1/27/2021 - Senate Judiciary, (Bill Scheduled for Hearing)
1/14/2021 - added as third author Senator Brown L
1/14/2021 - added as second author Senator Koch
1/11/2021 - Referred to Senate Judiciary
1/11/2021 - First Reading
1/11/2021 - Authored By Linda Rogers
 
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