HB 1158-3_ Filed 03/01/2006, 09:03 Young R Michael
Adopted 3/1/2006

SENATE MOTION

                                                


MADAM PRESIDENT:

    I move that Engrossed House Bill 1158 be amended to read as follows:

    Page 2, between lines 11 and 12, begin a new paragraph and insert:
    " SECTION 2. IC 33-34-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. A hearing must be conducted to obtain evidence, opinions, advice, and suggestions from public officials and the general public concerning:
        (1) whether a small claims court division should be established or abolished in the township, if the township has a population of less than fifteen thousand (15,000) persons;
        (2) whether the small claims court division should be full time or part time;
        (3) the location of the small claims court division courtroom and offices; and
        (4) other relevant matters.
    SECTION 3. IC 33-34-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning:
        (1) whether a small claims court division shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
        (2) whether the small claims court division, if any, shall function full time or part time;
        (3) the location of the small claims court division courtroom and offices under IC 33-34-6-1; and
        (4) other relevant matters.
    SECTION 4. IC 33-34-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. A judge shall be elected at the general election every four (4) years by the registered voters residing within the township in which the division of the small

claims court is located.
    SECTION 5. IC 33-34-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) If a judge is unable to preside over the judge's division of the small claims court during any number of days, the judge may appoint in writing a person qualified to be a small claims judge under IC 33-34-2-2 to preside in place of the judge.
    (b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the division small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
    (c) The appointee is entitled to the same compensation from the township trustee as accruable to the small claims judge in whose place the appointee is serving.
    SECTION 6. IC 33-34-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) A judge absent from the bench for more than thirty (30) days shall deposit the dockets, books, and papers of the office with the:
        (1) small claims judge of another division township; or
        (2) circuit court;
as directed by the circuit court judge.
    (b) A:
        (1) judge with whom the docket of another judge is deposited during a vacancy or an absence; and
        (2) successor of any judge who has the dockets of the successor's predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation to the judge's own dockets.
    (c) Process shall be returned to the judge who has the legal custody of the docket at the day of return.
    SECTION 7. IC 33-34-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The township trustee shall provide a courtroom for each division and an office for each judge in a convenient location within the township that has:
        (1) adequate access;
        (2) sufficient parking facilities;
        (3) a separate and appropriate courtroom;
        (4) proper space and facilities for the bailiff, clerks, and other employees; and
        (5) enough room for files and supplies.
    SECTION 8. IC 33-34-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. A township shall:
        (1) furnish all:
            (A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township division of the small claims court; and
            (B) furniture, books, and other necessary equipment and supplies; and


        (2) provide for all necessary maintenance and upkeep of the facilities where court is held. ".
    Page 2, line 15, strike "County" and insert " Township of Marion County".
    Page 2, line 16, strike "______ Division".
    Page 2, line 16, strike "county and".
    Page 2, line 41, after "deposited" insert " monthly".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1158 as printed February 24, 2006.)
    
    


________________________________________

Senator YOUNG R MICHAEL


RS 115802/DI jc
2006