Adds a requirement that disclosure or notice must occur not more than 45 days after the discovery of a breach.
Provides that an order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective: (1) for two years after the date of issuance; or (2) indefinitely after the date of issuance if the respondent is a sex or violent offender and is required to register as a lifetime sex or violent offender and the petitioner was the victim of the crime that resulted in the requirement that the respondent register as a lifetime sex or violent offender. Requires a respondent who is subject to an indefinite order for protection to request a hearing in objection to the order of protection within 30 days of the order being issued. Allows any party to request a hearing on a two year order for protection at any time. Provides that a person may only request one judicial review hearing on a protection order.
In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Allows a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees. Provides that a trustee's power to appoint a successor trustee includes the power to allocate trustee powers to one or more trustees. Enacts the uniform trust decanting act. Creates a definition of the decanting power to include a power by a trustee to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. Requires that a modification be consistent with a settlor's or charitable organization's intent. Permits the trustee of an existing trust to make modifications to or distributions from an existing trust for the benefit of a disabled beneficiary. Prohibits a trustee from being required to decant. Requires advanced notice to all qualified beneficiaries. Provides that the decanting power of an authorized fiduciary is not precluded by certain terms. (The introduced version of this bill was prepared by the Probate Code Commission.)
Provides that the chief justice of the supreme court, or the chief justice's designee, is a nonvoting member of the probate code study commission (commission). Provides that eight affirmative votes are required for the commission to take final action.
Increases the value of estates that may be distributed via affidavit from $50,000 to $100,000. Increases the threshold for summary procedures for unsupervised estates from $50,000 to $100,000. (The introduced version of this bill was prepared by the probate code study commission.)
Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.
Provides that the dyslexia screening and intervention provisions apply to: (1) qualified districts or qualified high schools; and (2) innovation network schools. Provides that the following may not waive or suspend the dyslexia screening and intervention provisions: (1) A coalition of continuous improvement school districts. (2) State accredited public schools. Adds, for consistency, the dyslexia screening and intervention provisions to the list of statutes that apply to charter schools. (Under current law, the dyslexia screening and intervention requirements already apply to charter schools because of the language in the dyslexia screening and intervention provisions.)
Defines "charitable bail organization" and allows a charitable organization to pay bail on behalf of specified defendants if the organization meets certain criteria and is certified by the commissioner of the department of insurance (commissioner). Specifies the circumstances under which a certification may be revoked, and exempts from the certification requirement a person that pays bail for: (1) not more than three individuals in any 180 day period; or (2) a relative. Requires the commissioner to adopt rules, including emergency rules, for the certification of charitable bail organizations. Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) for the purpose of posting bail for any person, providing a grant or other funding, directly or indirectly, to an entity that posts bail for any person. Requires a person paying cash bail, including a charitable bail organization, to execute an agreement allowing the court to retain all or part of the bail to pay certain court costs. Requires that bail be returned to the person who posted it. Provides that a case management system developed and operated by the office of judicial administration must include a searchable field for certain information of the bail agent or a person authorized by the surety that pays bail for an individual.
Provides that a policy adopted by a school corporation, charter school, or nonpublic school with at least one employee addressing expanded criminal history checks or expanded child protection index checks (background checks) must prohibit the hiring of, continuing the employment of, contracting with, or continuing to contract with a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal. (Current law provides that such a policy addressing background checks must prohibit the hiring of a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal.) Provides that: (1) a school corporation; (2) a charter school; or (3) an entity: (A) with which a school corporation contracts for services; and (B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment; shall consider whether information obtained from the background checks concerning an individual's conviction for certain offenses constitutes grounds to not employ, not contract with, or to terminate the employment of or contract with the individual. Provides that, in the event that an entity obtains information that an individual employed by the entity who works at a particular school corporation or charter school has been convicted of certain offenses, the entity shall immediately notify the school corporation or charter school of the employee's conviction. Makes changes to the list of offenses for which the department of education shall permanently revoke a teacher's license. Makes conforming changes.
