Bill Text: IN SB0029 | 2010 | Regular Session | Amended

---

Bill Title: County clerk liability.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-02-11 - Representatives Barnes and Richardson added as cosponsors [SB0029 Detail]

Download: Indiana-2010-SB0029-Amended.html

---

---

January 6, 2010

---

---

SENATE BILL No. 29

_____

DIGEST OF SB 29 (Updated January 5, 2010 11:02 am - DI 106)

Citations Affected: IC 33-32; IC 34-30.

Synopsis: County clerk liability. Provides that a circuit court clerk is not personally liable for acts or omissions in the performance of the clerk's duties absent gross negligence or intentional disregard of the responsibilities of the office of clerk. Specifies that the fact that a clerk is not personally liable does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.

Effective: July 1, 2010.

---

---

Lawson C

---

---

    January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 5, 2010, reported favorably _ Do Pass.

---

---

---

January 6, 2010

Second Regular Session 116th General Assembly (2010)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 29

---

    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-32-2-9; (10)SB0029.1.1. -->     SECTION 1. IC 33-32-2-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (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.

SOURCE: IC 34-30-2-144.2; (10)SB0029.1.2. -->     SECTION 2. IC 34-30-2-144.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 144.2. IC 33-32-2-9 (Concerning the personal liability of circuit court clerks).

---