HB 1484-1_ Filed 02/14/2001, 14:06


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Local Government     , to which was referred       House Bill 1484     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 16; (01)AM148403.1. -->     Page 1, delete lines 16 through 17, begin a new paragraph and insert:
SOURCE: IC 36-2-11-16; (01)AM148403.2. -->     "SECTION 2. IC 36-2-11-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. (a) This section does not apply to:
        (1) an instrument executed before November 4, 1943;
        (2) a judgment, order, or writ of a court;
        (3) a will or death certificate; or
        (4) an instrument executed or acknowledged outside Indiana.
    (b) Whenever this section prescribes that the name of a person be printed, typewritten, or stamped immediately beneath his signature, the signature must be written on the instrument, directly preceding the printed, typewritten, or stamped name, and may not be superimposed on that name so as to render either illegible. However, the instrument may be received for record if the name and signature are, in the

discretion of the county recorder, placed on the instrument so as to render the connection between the two apparent.
    (c) The recorder may receive for record an instrument only if:
        (1) the name of each person who executed the instrument is legibly printed, typewritten, or stamped immediately beneath his signature or the signature itself is printed, typewritten, or stamped;
        (2) the name of each witness to the instrument is legibly printed, typewritten, or stamped immediately beneath his signature or the signature itself is printed, typewritten, or stamped;
        (3) the name of each notary public whose signature appears on the instrument is legibly printed, typewritten, or stamped immediately beneath his signature or the signature itself is printed, typewritten, or stamped; and
        (4) the name of each person who executed the instrument appears identically in the body of the instrument, in the acknowledgment or jurat, in his signature, and beneath his signature;
or if subsection (d) is complied with.
    (d) The recorder may receive for record an instrument that does not comply with subsection (c) if:
        (1) a printed or typewritten affidavit of a person with personal knowledge of the facts is recorded with the instrument;
        (2) the affidavit complies with this section;
        (3) the affidavit states the correct name of a person, if any, whose signature cannot be identified or whose name is not printed, typewritten, or stamped on the instrument as prescribed by this section; and
        (4) when the instrument does not comply with subsection (c)(4), the affidavit states the correct name of the person and states that each of the names used in the instrument refers to the person.
    (e) The recorder may record a document presented for recording or a copy produced by a photographic process of any the document presented for recording if:
        (1) the document complies with other statutory recording requirements; and
        (2) the document or copy is will produce a clear concise, and unobstructed copy.
All copies accepted for recording shall be marked as copies by the recorder.


    (f) An instrument, document, or copy received and recorded by a county recorder is conclusively presumed to comply with this section.".
    Delete page 2.
    (Reference is to HB 1484 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Stevenson


AM148403/DI 94    2001