HB 1393-4_ Filed 02/20/2013, 07:50 Mayfield
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1393 be amended to read as follows:
SOURCE: Page 4, line 41; (13)MO139308.4. -->
Page 4, between lines 41 and 42, begin a new paragraph and insert:
SOURCE: IC 33-24-6-13; (13)MO139308.3. -->
"SECTION 3. IC 33-24-6-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 13. The division of state court
administration is liable for any errors or omissions that relate to a
county clerk's use of the state's automated judicial system.
SOURCE: IC 33-32-2-9.2; (13)MO139308.4. -->
SECTION 4. IC 33-32-2-9.2, AS ADDED BY P.L.60-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9.2. (a) A clerk is not personally liable for any act
or omission occurring in connection with the performance of the clerk's
official duties, unless the act or omission constitutes gross negligence
or an intentional disregard of the responsibilities of the office of clerk.
(b) The fact that a clerk is not personally liable under subsection (a)
does not preclude an action against the clerk's bond based on an error
or omission committed by the clerk.
(1) a clerk is required to operate under the state's case
management system without the clerk's consent; and
(2) an action is brought concerning a function of the state's
case management system;
a person may not bring an action against the clerk concerning the
function of the state's case management system until the person has
exhausted all judicial remedies in an action brought against the
division of state court administration concerning the function of the
state's case management system.
Renumber all SECTIONS consecutively.
(Reference is to HB 1393 as printed February 18, 2013.)
MO139308/DI 69 2013