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