Introduced Version






SENATE BILL No. 228

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-19; IC 34-54-11.

Synopsis: Uniform Enforcement of Foreign Judgments Act. Adopts the Uniform Enforcement of Foreign Judgments Act.

Effective: July 1, 2003.





Long, Zakas, Lanane




    January 9, 2003, read first time and referred to Committee on Criminal, Civil and Public Policy.







Introduced

First Regular Session 113th General Assembly (2003)


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.
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SENATE BILL No. 228



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

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

    SECTION 1. IC 33-19-6-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 23. (a) This section applies to a proceeding under IC 34-54-11.
    (b) The clerk shall collect the foreign judgment filing fee
established under IC 34-54-11-6.
    SECTION 2. 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) (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 for deposit in the county general fund one hundred percent (100%) of the foreign judgment filing fees collected under IC 34-54-11-6.
    SECTION 3. IC 34-54-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 11. Uniform Enforcement of Foreign Judgments Act
    Sec. 1. (a) This chapter may be cited as the "Uniform Enforcement of Foreign Judgments Act".
    (b) This chapter shall be interpreted and construed to make uniform the law of those states that enact it.
    Sec. 2. As used in this chapter, "foreign judgment" means a judgment, a decree, or an order of a court of the United States or any other court that is entitled to full faith and credit in Indiana.
    Sec. 3. (a) A copy of a foreign judgment authenticated in

accordance with an act of Congress or the Indiana Rules of Court may be filed with the clerk of a court with jurisdiction in Indiana.
    (b) The clerk shall treat the foreign judgment in the same manner as a judgment issued from the court in which the foreign judgment is filed.
    (c) A filed foreign judgment:
        (1) has the same effect; and
        (2) is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying;
as a judgment issued from the court in which the foreign judgment is filed.

     Sec. 4. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit containing the name and last known address of the judgment debtor and the judgment creditor.
     (b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given in the affidavit and shall note the mailing in the court docket. The notice must include:
        (1) the name and address of the judgment creditor; and
        (2) if the judgment creditor has an attorney in Indiana, the attorney's name and address.
    (c) The judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of the mailing with the clerk. A failure by the clerk to mail the notice under subsection (b) does not affect an enforcement proceeding if proof of mailing by the judgment creditor has been filed with the clerk.

     Sec. 5. (a) If a judgment debtor establishes to the court that:
        (1) an appeal of the foreign judgment is pending or will be taken; or

         (2) a stay of execution has been granted;
and proves that the judgment debtor has furnished security for satisfaction of the judgment required by the state in which the judgment was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for an appeal expires, or the stay of execution expires or is vacated.
    (b)
If a judgment debtor establishes to the court a basis for which enforcement of a judgment of a court of this state may be stayed, including that:
        (1) an appeal of the foreign judgment is pending or will be taken; or


         (2) the time for taking an appeal has not expired;
the court shall stay enforcement of the foreign judgment until all available appeals are concluded or the time for taking all appeals has expired. The court shall require the same security for satisfaction of the judgment required in Indiana.
    Sec. 6. A person who files a foreign judgment shall pay the clerk a filing fee of five dollars ($5).
    Sec. 7. This chapter applies to a foreign judgment of another state only if the state has adopted the Uniform Enforcement of Foreign Judgments Act in substantially the same form as this chapter.