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2020 SESSION
HB 1411 Fiduciaries; good faith reliance on certificate of qualification of a personal representative.
Introduced by: James A. "Jay" Leftwich | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Fiduciaries; good faith reliance on certificate of qualification. Provides that any individual or entity conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume that the personal representative is properly authorized to act as to any matter or transaction. The bill further provides that if such individual or entity refuses to accept a certificate of qualification for a personal representative or a guardian or conservator who has been appointed for an incapacitated person, such individual or entity is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification. The bill further provides that any individual or entity shall either accept or reject a certificate of qualification of such personal representative or such guardian or conservator no later than seven business days after presentation of such certificate. The bill specifies certain circumstances under which an individual or entity is not required to accept such a certificate for a transaction.
FULL TEXT
- 01/08/20 House: Prefiled and ordered printed; offered 01/08/20 20102474D pdf
- 01/31/20 House: Committee substitute printed 20105977D-H1 pdf
- 03/05/20 House: Bill text as passed House and Senate (HB1411ER) pdf
- 04/06/20 Governor: Acts of Assembly Chapter text (CHAP0702) pdf
AMENDMENTS
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments engrossed
HISTORY
- 01/08/20 House: Prefiled and ordered printed; offered 01/08/20 20102474D
- 01/08/20 House: Referred to Committee for Courts of Justice
- 01/29/20 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 01/31/20 House: Committee substitute printed 20105977D-H1
- 01/31/20 House: Reported from Courts of Justice with substitute (19-Y 0-N)
- 02/04/20 House: Read first time
- 02/05/20 House: Read second time
- 02/05/20 House: Committee substitute agreed to 20105977D-H1
- 02/05/20 House: Engrossed by House - committee substitute HB1411H1
- 02/06/20 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
- 02/06/20 House: VOTE: Block Vote Passage (99-Y 0-N)
- 02/07/20 Senate: Constitutional reading dispensed
- 02/07/20 Senate: Referred to Committee on the Judiciary
- 02/24/20 Senate: Reported from Judiciary (14-Y 0-N 1-A)
- 02/25/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/26/20 Senate: Read third time
- 02/26/20 Senate: Reading of amendments waived
- 02/26/20 Senate: Amendments by Senator Obenshain agreed to
- 02/26/20 Senate: Engrossed by Senate as amended
- 02/26/20 Senate: Passed Senate with amendments (40-Y 0-N)
- 02/28/20 House: Placed on Calendar
- 02/28/20 House: Senate amendments agreed to by House (97-Y 0-N)
- 02/28/20 House: VOTE: Adoption (97-Y 0-N)
- 03/05/20 House: Enrolled
- 03/05/20 House: Bill text as passed House and Senate (HB1411ER)
- 03/06/20 House: Signed by Speaker
- 03/06/20 Senate: Signed by President
- 03/12/20 House: Enrolled Bill communicated to Governor on March 12, 2020
- 03/12/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/06/20 Governor: Approved by Governor-Chapter 702 (effective 7/1/20)
- 04/06/20 Governor: Acts of Assembly Chapter text (CHAP0702)