April 5, 2011
ENGROSSED
SENATE BILL No. 301
_____
DIGEST OF SB 301
(Updated March 31, 2011 5:10 pm - DI 69)
Citations Affected: IC 33-37.
Synopsis: Court fees. Provides that in all civil, criminal, infraction,
and ordinance violation actions, the clerk of the court shall collect an
automated record keeping fee in the following amounts: (1) $7 before
July 1, 2011; (2) $6 after June 30, 2011, and before July 1, 2013; (3) $4
after June 30, 2013. Provides that in a circuit in which all of the circuit
and superior courts do not rely solely on a case management system
provided by the judicial technology and automation project, the clerk
of the circuit court shall: (1) retain $1 of each automated record
keeping fee collected by the clerk for an action if the clerk is directed
to do so by the county council of a county in the circuit; and (2)
distribute monthly to the county auditor of the county any of the money
retained. Specifies that the money retained by a clerk shall be used for
the lease or purchase of a case management system for use by the
circuit and superior courts in the circuit. Provides that in all civil
actions, the clerk of the court shall collect the public defense
administration fee in the following amounts: (1) $3 before July 1, 2011;
and (2) $5 after June 30, 2011. Increases the semiannual amount that
the auditor of state transfers for deposit into the public defense fund
from $2,700,000 to $3,700,000 beginning July 1, 2011.
Effective: July 1, 2011.
Bray, Hershman, Randolph, Broden
(HOUSE SPONSOR _ FOLEY)
January 6, 2011, read first time and referred to Committee on Judiciary.
January 27, 2011, reported favorably _ Do Pass; reassigned to Committee on Tax and
Fiscal Policy.
February 10, 2011, amended, reported favorably _ Do Pass.
February 17, 2011, read second time, ordered engrossed.
February 18, 2011, engrossed.
February 22, 2011, read third time, passed. Yeas 27, nays 22.
HOUSE ACTION
March 28, 2011, read first time and referred to Committee on Courts and Criminal Code.
April 4, 2011, amended, reported _ Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
April 5, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
SENATE BILL No. 301
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 33-37-5-21; (11)ES0301.1.1. -->
SECTION 1. IC 33-37-5-21, AS AMENDED BY P.L.182-2009(ss),
SECTION 394, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 21. (a) This section applies to all
civil, criminal, infraction, and ordinance violation actions.
(b) The clerk shall collect an automated record keeping fee as
follows:
(1) Seven dollars ($7) after June 30, 2003, and before July 1,
2011.
(2) Four Six dollars ($4) ($6) after June 30, 2011, and before
July 1, 2013.
(3) Four dollars ($4) after June 30, 2013.
SOURCE: IC 33-37-5-21.2; (11)ES0301.1.2. -->
SECTION 2. IC 33-37-5-21.2, AS AMENDED BY P.L.1-2006,
SECTION 509, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 21.2. (a) This subsection does not
apply to the following:
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1 and in each
small claims action in a court described in IC 33-34, the clerk shall
collect a public defense administration fee of three five dollars ($3).
($5).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a public defense administration fee of three five
dollars ($3). ($5).
SOURCE: IC 33-37-7-2; (11)ES0301.1.3. -->
SECTION 3. IC 33-37-7-2, AS AMENDED BY P.L.182-2009(ss),
SECTION 395, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The clerk of a circuit court
shall distribute semiannually to the auditor of state as the state share for
deposit in the homeowner protection unit account established by
IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or a deferral program
agreement under IC 34-28-5-1 and for deposit in the state general fund
seventy percent (70%) of the amount of fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21) not:
(A) distributed under subsection (a);
or
(B) retained under subsection (n).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-37-4-1(b)(7). The county auditor shall deposit fees
distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the sexual assault victims assistance
account established by IC 5-2-6-23(h) one hundred percent (100%) of
the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS)
collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as IV-D child support cases in ISETS collected
under IC 33-37-5-6 that is reimbursable to the county at the
federal financial participation rate.
The county clerk shall distribute monthly to the office of the secretary
of family and social services the percentage share of the support and
maintenance fees for cases designated as Title IV-D child support cases
in ISETS collected under IC 33-37-5-6 that is not reimbursable to the
county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(i) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the auditor
of state for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(j) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance adjustment
account established by IC 33-38-5-8.2 one hundred percent (100%) of
the judicial insurance adjustment fee collected under IC 33-37-5-25.
(k) The proceeds of the service fee collected under
IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the city
or town fiscal officer for deposit in the city or town general fund.
(m) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
mortgage foreclosure counseling and education fees collected under
IC 33-37-5-30 (before its expiration on January 1, 2013).
(n) In a circuit in which all of the circuit and superior courts do
not rely solely on a case management system provided by the
judicial technology and automation project, the clerk of the circuit
court shall:
(1) retain one dollar ($1) of each automated record keeping
fee (IC 33-37-5-21) collected by the clerk for an action if the
clerk is directed to do so by the county council of a county in
the circuit; and
(2) distribute monthly to the county auditor of the county any
money retained under this subsection.
The money retained by a clerk under this subsection shall be used
for the lease or purchase of a case management system for use by
the circuit and superior courts in the circuit.
SOURCE: IC 33-37-7-9; (11)ES0301.1.4. -->
SECTION 4. IC 33-37-7-9, AS AMENDED BY P.L.130-2009,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. (a) On June 30 and on December 31 of each
year, the auditor of state shall transfer to the treasurer of state nine
million two hundred seventy-seven thousand twenty-three dollars
($9,277,023) for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer of
state shall deposit into:
(1) the family violence and victim assistance fund established by
IC 5-2-6.8-3 an amount equal to eight and three-hundredths
percent (8.03%);
(2) the Indiana judges' retirement fund established by
IC 33-38-6-12 an amount equal to thirty-eight and fifty-five
hundredths percent (38.55%);
(3) the law enforcement academy building fund established by
IC 5-2-1-13 an amount equal to two and fifty-six hundredths
percent (2.56%);
(4) the law enforcement training fund established by IC 5-2-1-13
an amount equal to ten and twenty-seven hundredths percent
(10.27%);
(5) the violent crime victims compensation fund established by
IC 5-2-6.1-40 an amount equal to eleven and ninety-three
hundredths percent (11.93%);
(6) the motor vehicle highway account an amount equal to
nineteen and forty-nine hundredths percent (19.49%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an
amount equal to twenty-five hundredths percent (0.25%);
(8) the Indiana judicial center drug and alcohol programs fund
established by IC 12-23-14-17 for the administration,
certification, and support of alcohol and drug services programs
under IC 12-23-14 an amount equal to one and sixty-three
hundredths percent (1.63%); and
(9) the DNA sample processing fund established under
IC 10-13-6-9.5 for the funding of the collection, shipment,
analysis, and preservation of DNA samples and the conduct of a
DNA data base program under IC 10-13-6 an amount equal to
seven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of
state shall transfer to the treasurer of state for deposit into the public
defense fund established under IC 33-40-6-1
(1) after June 30, 2004, and before July 1, 2005, one million
seven hundred thousand dollars ($1,700,000); and
(2) after June 30, 2005, two three million seven hundred
thousand dollars
($2,700,000). ($3,700,000).