Introduced Version






HOUSE BILL No. 1910

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-19-7 .

Synopsis: Distribution of court costs. Changes the distribution percentage for court costs paid by a city or town clerk or city or town fiscal officer. Provides that the city or town clerk retains 50% for the city or town. Provides that the city or town fiscal officer distributes 25% to the county auditor, and the city or town fiscal officer distributes 25% to the auditor of state. Changes the distribution of court costs paid by the clerk of the circuit court. Provides that the clerk distributes 5% to a city or town that maintains a law enforcement agency that prosecutes at least 50% of its ordinance violations in a circuit, superior, or county court. Provides that the circuit court clerk distributes 50% to the county auditor, and the circuit court clerk distributes 45% to the auditor of state.

Effective: July 1, 2001.





Stevenson




    January 17, 2001, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 112th General Assembly (2001)


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.
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HOUSE BILL No. 1910



    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 33-19-7-1; (01)IN1910.1.1. -->     SECTION 1. IC 33-19-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The clerk of a circuit court shall semiannually distribute to the auditor of state as the state share for deposit in the state general fund seventy forty-five percent (70%) (45%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-3 (a) (juvenile costs fees).
        (4) IC 33-19-5-4 (a) (civil costs fees).
        (5) IC 33-19-5-5 (a) (small claims costs fees).
        (6) IC 33-19-5-6 (a) (probate costs fees).
        (7) IC 33-19-6-16.2 (deferred prosecution fees).
    (b) The clerk of a circuit court shall semiannually distribute to the auditor of state for deposit in the state user fee fund established under IC 33-19-9-2 the following:
        (1) Twenty-five percent (25%) of the drug abuse, prosecution,

interdiction, and correction fees collected under IC 33-19-5-1 (b)(5).
        (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-19-5-1 (b)(6), IC 33-19-5-2 (b)(4), and IC 33-19-5-3 (b)(5).
        (3) Fifty percent (50%) of the child abuse prevention fees collected under IC 33-19-5-1 (b)(7).
        (4) One hundred percent (100%) of the domestic violence prevention and treatment fees collected under IC 33-19-5-1 (b)(8).
        (5) One hundred percent (100%) of the highway work zone fees collected under IC 33-19-5-1 (b)(9) and IC 33-19-5-2 (b)(5).
        (6) One hundred percent (100%) of the safe schools fee collected under IC 33-19-6-16.3.
    (c) The clerk of a circuit court shall monthly distribute to the county auditor the following:
        (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-19-5-1 (b)(5).
        (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-19-5-1 (b)(6), IC 33-19-5-2 (b)(4), and IC 33-19-5-3 (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 monthly distribute to the county auditor fifty percent (50%) of the child abuse prevention fees collected under IC 33-19-5-1 (b)(8). 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.

SOURCE: IC 33-19-7-2; (01)IN1910.1.2. -->     SECTION 2. IC 33-19-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The clerk of a circuit court shall forward the county share of fees collected to the county auditor in accordance with IC 33-19-1-3 (a). The auditor shall retain as the county share twenty-seven fifty percent (27%) (50%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-3 (a) (juvenile costs fees).
        (4) IC 33-19-5-4 (a) (civil costs fees).
        (5) IC 33-19-5-5 (a) (small claims costs fees).
        (6) IC 33-19-5-6 (a) (probate costs fees).
        (7) IC 33-19-6-16.2 (deferred prosecution fees).
SOURCE: IC 33-19-7-3; (01)IN1910.1.3. -->     SECTION 3. IC 33-19-7-3 , AS AMENDED BY P.L.98-2000, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of its ordinance violations in a circuit, superior, or county court located in the county is three five percent (3%) (5%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-3 (a) (juvenile costs fees).
        (4) IC 33-19-5-4 (a) (civil costs fees).
        (5) IC 33-19-5-5 (a) (small claims costs fees).
        (6) IC 33-19-5-6 (a) (probate costs fees).
        (7) IC 33-19-6-16.2 (deferred prosecution fees).
    (b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
        STEP ONE: Determine the population of the qualified city or town.
        STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
        STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
        STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
    (c) The county auditor shall semiannually distribute to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
SOURCE: IC 33-19-7-4; (01)IN1910.1.4. -->     SECTION 4. IC 33-19-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) The clerk of a city or town court shall semiannually distribute to the auditor of state as the state share for deposit in the state general fund fifty-five twenty-five percent (55%) (25%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-4 (a) (civil costs fees).
        (4) IC 33-19-5-5 (small claims costs fees).
        (5) IC 33-19-6-16.2 (deferred prosecution fees).
    (b) Once each month the city or town fiscal officer shall distribute to the county auditor as the county share twenty twenty-five percent

(20%) (25%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-4 (a) (civil costs fees).
        (4) IC 33-19-5-5 (small claims costs fees).
        (5) IC 33-19-6-16.2 (deferred prosecution fees).
    (c) The city or town fiscal officer shall retain twenty-five fifty percent (25%) (50%) as the city or town share of the fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-4 (a) (civil costs fees).
        (4) IC 33-19-5-5 (small claims costs fees).
        (5) IC 33-19-6-16.2 (deferred prosecution fees).
    (d) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state user fee fund established under IC 33-19-9 the following:
        (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-19-5-1 (b)(5).
        (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-19-5-1 (b)(6), IC 33-19-5-2 (b)(4), and IC 33-19-5-3 (b)(5).
        (3) One hundred percent (100%) of the highway work zone fees collected under IC 33-19-5-1 (b)(9) and IC 33-19-5-2 (b)(5).
        (4) One hundred percent (100%) of the safe schools fee collected under IC 33-19-6-16.3.
    (e) The clerk of a city or town court shall monthly distribute to the county auditor the following:
        (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-19-5-1 (b)(5).
        (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-19-5-1 (b)(6), IC 33-19-5-2 (b)(4), and IC 33-19-5-3 (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.