Reprinted
April 8, 2003
ENGROSSED
HOUSE BILL No. 1047
_____
DIGEST OF HB 1047
(Updated April 7, 2003 3:27 PM - DI 105)
Citations Affected: IC 33-4; IC 33-5; IC 33-10.1; IC 33-10.5;
IC 33-11.6; IC 33-19.
Synopsis: Small claims court jurisdiction. Makes the small claims
jurisdictional limit $6,000 across the state. Requires a person who files
a small claims action to pay a small claims service fee.
Effective: July 1, 2003.
Ulmer, Grubb
, Koch
(SENATE SPONSORS _ LONG, HOWARD)
January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.
February 3, 2003, reported _ Do Pass. Recommitted to Committee on Ways and Means.
February 20, 2003, amended, reported _ Do Pass.
February 25, 2003, read second time, ordered engrossed. Engrossed.
February 26, 2003, read third time, passed. Yeas 89, nays 8.
SENATE ACTION
March 4, 2003, read first time and referred to Committee on Judiciary.
April 3, 2003, amended, reported favorably _ Do Pass.
April 7, 2003, read second time, amended, ordered engrossed.
Reprinted
April 8, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
HOUSE BILL No. 1047
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 33-4-3-7; (03)EH1047.2.1. -->
SECTION 1. IC 33-4-3-7, AS AMENDED BY P.L.2-2002,
SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. The small claims docket has jurisdiction over
the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than three six
thousand dollars ($3,000) ($6,000). The plaintiff in a statement of
claim or the defendant in a counterclaim may waive the excess of
any claim that exceeds three six thousand dollars ($3,000)
($6,000) in order to bring it within the jurisdiction of the small
claims docket.
(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed three six
thousand dollars ($3,000) ($6,000).
(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.
SOURCE: IC 33-5-2-4; (03)EH1047.2.2. -->
SECTION 2. IC 33-5-2-4, AS AMENDED BY P.L.2-2002,
SECTION 85, IS AMENDED TO READ AS FOLLOWS:[EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) Except as provided in subsection (b), The
small claims docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than three six
thousand dollars ($3,000) ($6,000). The plaintiff in a statement of
claim or the defendant in a counterclaim may waive the excess of
any claim that exceeds three thousand dollars ($3,000) six
thousand dollars ($6,000) in order to bring it within the
jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed three six
thousand dollars ($3,000). ($6,000).
(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.
(b) This subsection applies to a county having a population of more
than three hundred thousand (300,000) but less than four hundred
thousand (400,000). The small claims docket has jurisdiction over the
following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring it
within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.
SOURCE: IC 33-10.1-6-10; (03)EH1047.2.3. -->
SECTION 3. IC 33-10.1-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) A clerk of a city
court in a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
shall deposit all court costs collected by the clerk in accordance with
IC 33-19-1-3. The fees received by the controller from the clerk shall
be paid into the city treasury at the time of the semiannual settlement
for city revenue.
(b) If the party instituting an action or proceeding recovers
judgment, the judgment must also include as costs an amount equal to
the small claims costs fee and small claims service fee prescribed
under IC 33-19-5-5.
(c) Money paid in advance for costs remaining unexpended at the
time an action or proceeding is terminated, whether by reason of
dismissal or otherwise, shall be returned to the party or parties making
payment. However, this section does not apply to civil actions or
proceedings instituted by or on behalf of the state or any of its political
subdivisions.
SOURCE: IC 33-10.5-7-1; (03)EH1047.2.4. -->
SECTION 4. IC 33-10.5-7-1, AS AMENDED BY P.L.2-2002,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. Each judge of the county court shall maintain
the following dockets:
(1) An offenses and violations docket.
(2) A small claims docket for the following:
(A) All cases where the amount sought or value of the property
sought to be recovered is three six thousand dollars ($3,000)
($6,000) or less. The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of his claim
over three six thousand dollars ($3,000) ($6,000) to bring it
within the jurisdiction of the small claims docket.
(B) All possessory actions between landlord and tenant in
which the rent due at the time the action is filed does not
exceed three six thousand dollars ($3,000) ($6,000).
(C) Emergency possessory actions between a landlord and
tenant under IC 32-31-4.
(3) A plenary docket for all other civil cases.
SOURCE: IC 33-11.6-4-2; (03)EH1047.2.5. -->
SECTION 5. IC 33-11.6-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The court shall have
original and concurrent jurisdiction with the circuit and superior courts
in all civil cases founded on contract or tort in which the debt or
damage claimed does not exceed six thousand dollars ($6,000), not
including interest or attorney attorney's fees.
SOURCE: IC 33-11.6-4-3; (03)EH1047.2.6. -->
SECTION 6. IC 33-11.6-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. The court shall have
original and concurrent jurisdiction with the circuit and superior courts
in possessory actions between landlord and tenant in which the past
due rent at the time of filing does not exceed six thousand dollars
($6,000). The court shall also have original and concurrent jurisdiction
with the circuit and superior courts in actions for the possession of
property where the value of the property sought to be recovered does
not exceed six thousand dollars ($6,000). These jurisdictional
limitations shall not be affected by interest and attorney attorney's
fees.
SOURCE: IC 33-19-5-5; (03)EH1047.2.7. -->
SECTION 7. IC 33-19-5-5, AS AMENDED BY P.L.164-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) For each small claims action the clerk shall
collect from the party filing the action a:
(1) small claims costs fee of thirty-five dollars ($35); and
(2) small claims service fee equal to the actual cost of service
in the small claims action.
However, a clerk may not collect a small claims costs fee or small
claims service fee for a small claims action filed by or on behalf of the
attorney general.
(b) In addition to a small claims costs fee and small claims service
fee collected under this section, the clerk shall collect the following
fees if they are required under IC 33-19-6:
(1) A document fee.
(2) A document storage fee (IC 33-19-6-18.1).
(3) An automated record keeping fee (IC 33-19-6-19).
SOURCE: IC 33-19-7-1; (03)EH1047.2.8. -->
SECTION 8. IC 33-19-7-1, AS AMENDED BY P.L.39-2002,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: 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 percent (70%) 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) IC 33-19-5-5(a)(1) (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.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-19-6-19).
(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.
(e) The clerk of a circuit court shall monthly distribute to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-19-6-20. 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 33-19-6-1.5 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance under
subdivision (1), the county auditor shall deposit all the fees in the
county general fund.
(f) The clerk of the circuit court shall semiannually distribute to the
auditor of state for deposit in the sexual assault victims assistance fund
established under IC 16-19-13-6 one hundred percent (100%) of the
sexual assault victims assistance fees collected under IC 33-19-6-21.
(g) The clerk of a circuit court shall monthly distribute 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 33-19-6-5.
(2) The percentage share of the support and maintenance fees for
cases designated as IV-D child support cases in ISETS collected
under IC 33-19-6-5 that is reimbursable to the county at the
federal financial participation rate.
The county clerk shall monthly distribute 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 33-19-6-5 that is not reimbursable to the
county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall monthly distribute to the
county auditor one hundred percent (100%) of the small claims
service fee under IC 33-19-5-5(a)(2) for deposit in the county
general fund.
SOURCE: IC 33-19-7-2; (03)EH1047.2.9. -->
SECTION 9. IC 33-19-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 percent (27%) 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) IC 33-19-5-5(a)(1) (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; (03)EH1047.2.10. -->
SECTION 10. IC 33-19-7-3, AS AMENDED BY P.L.98-2000,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: 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 percent (3%) 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) IC 33-19-5-5(a)(1) (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; (03)EH1047.2.11. -->
SECTION 11. IC 33-19-7-4, AS AMENDED BY P.L.1-2002,
SECTION 141, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: 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 percent (55%) 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 IC 33-19-5-5(a)(1) (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 percent (20%) 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 IC 33-19-5-5(a)(1) (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 percent
(25%) 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 IC 33-19-5-5(a)(1) (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.
(5) One hundred percent (100%) of the automated record keeping
fee (IC 33-19-6-19).
(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.
(f) The clerk of a city or town court shall distribute monthly to the
city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the late payment fees collected under IC 33-19-6-20.
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
fees distributed by a clerk under this subsection in the city or town
general fund.