Introduced Version
HOUSE BILL No. 1201
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-23-25-11; IC 16-18-2-307.5; IC 16-19-13-6;
IC 33-19-7-1.
Synopsis: Sexual assault victims assistance fund. Transfers the
administration of the sexual assault victims assistance fund to the
Indiana commission for women. Provides that at least 70% of the
money in the fund shall be used to provide financial support to rape
crisis centers. Provides that not more than 20% of the money in the
fund is to be used to improve services to sexual assault victims.
Effective: July 1, 2004; July 1, 2005.
Lawson L
January 13, 2004, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1201
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-23-25-11; (04)IN1201.1.1. -->
SECTION 1. IC 4-23-25-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 11. (a) As used in this section, "rape crisis center"
means an organization that provides a full continuum of services,
including hotlines, victim advocacy, and supportive services, from
the onset of need for services through the completion of healing, to
victims of sexual assault.
(b) The sexual assault victims assistance fund (referred to as
"the fund" in this section) is established. The commission shall
administer the fund.
(c) Each year, at least seventy percent (70%) of the money in the
fund shall be used to provide financial assistance to rape crisis
centers. Money in the fund that is used for the purpose described
in this subsection must be distributed to a statewide nonprofit
corporation whose primary purpose is pursuing the eradication of
sexual violence in Indiana. The nonprofit corporation shall allocate
money in the fund among rape crisis centers.
(d) Not more than twenty percent (20%) of the money in the
fund may be used in a year to support a program designed to:
(1) improve services to sexual assault victims, including:
(A) training;
(B) education; and
(C) professional development for sexual assault service
providers; and
(2) improve the collection of fund revenues.
(e) The fund consists of:
(1) amounts transferred to the fund from sexual assault
victims assistance fees collected under IC 33-19-6-21;
(2) any appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(f) The expenses of administering the fund shall be paid from
money in the fund. Each year, the commission shall designate for
payment of program administration costs not more than ten
percent (10%) of the appropriation made to the nonprofit
corporation.
(g) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(h) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SOURCE: IC 33-19-7-1; (04)IN1201.1.2. -->
SECTION 2. IC 33-19-7-1, AS AMENDED BY P.L.167-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: 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)(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 IC 4-23-25-11 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 16-18-2-307.5; IC 16-19-13-6.
; (04)IN1201.1.3. -->
SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2004]: IC 16-18-2-307.5; IC 16-19-13-6.
SOURCE: ; (04)IN1201.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2004]
(a) Beginning July 1,
2004, this SECTION applies instead of IC 33-19-7-1(f), as amended
by P.L.39-2002, SECTION 5.
(b) The clerk of the circuit court shall semiannually distribute
to the auditor of state for deposit in the sexual assault victims
assistance fund established by IC 4-23-25-11 one hundred percent
(100%) of the sexual assault victims assistance fees collected under
IC 33-19-6-21.
(c) This SECTION expires July 1, 2005.