Indiana State Legislative Update March 10, 2021

March 10, 2021 9:47 AM | Wendy Bayley (Administrator)

STATEHOUSE SUMMARY

Last week officially marked the start of the second half of session. During this time, the House considers legislation passed by the Senate during the first half and vice versa. The process matches the procedural requirements of the first half of session. Committee work went off to a slow start during the first week back, as plans for the remainder of session begin.

Legislative proposals that will be of focus for the General Assembly during the second half include the state’s biennial budget, COVID-19-related economic relief measures and Gov. Eric Holcomb’s executive order powers, among other topics. One issue that has not yet been considered is the drawing of new legislative maps, as required after census data is collected. Because of the delay in census data, the General Assembly will have to reconvene this summer or fall to draw the new maps.

As the second half of session begins, the IMBA Legislative Team continues to voice banking perspective on critical bills. Following are some of the bills being addressed.


BILLS TO WATCH

SB 38 – Adverse Possession Statue of Limitations

Sen. Blake Doriot (R-Goshen)

Why it matters

This bill amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Makes other changes to survey requirements. The IMBA continues to monitor this bill for changes.

Latest action
The bill was heard in the House Judiciary Committee on March 3 and was held for amendments at a subsequent meeting.

Learn more about SB 38


HB 1255 – Probate and Property Matters

Rep. John Young (R-Franklin)

Why it matters
This bill comes from the Indiana Bar Association and makes various changes to wills, powers of attorney, trust, conveyances and county recorders. Notably, the bill also attempts to fix the second-witness issue created from the passage of SEA 340 from last session. The bill also places requirements on county government to accept and record electronic documents.

Latest action
The bill was heard in the Senate Judiciary Committee on March 3 and was held for amendments at a subsequent meeting.

Learn more about HB 1255


HB 1314 – Recorded Discriminatory Covenants

Rep. Jerry Torr (R-Carmel)

Why it matters
The bill makes an important change in creating a process to permit a person to file a statement or notice that a recorded discriminatory covenant is invalid and unenforceable. The IMBA supports this change in law.

Latest action

The bill passed the Senate Judiciary Committee on March 3 by a vote of 8-0 and is now eligible for consideration by the entire Senate.

Learn more about HB 1314



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