HB 1777-2_ Filed 02/22/2005, 11:22 Foley

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that House Bill 1777 be amended to read as follows:

SOURCE: Page 2, line 11; (05)MO177702.2. -->     Page 2, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 33-34-8-3; (05)MO177702.2. -->     "SECTION 2. IC 33-34-8-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Payment for all costs made as a result of proceedings in a small claims court shall be to the _______ County Small Claims Court ______ Division (with the name of the county and township inserted). The court shall issue a receipt for all money received on a form numbered serially in duplicate. All township docket fees and late fees received by the court shall be paid to the township trustee at the close of each month.
    (b) The court shall:
        (1) semiannually distribute to the auditor of state:
             (A) all automated record keeping fees received by the court; and
            (B) seventy-five percent (75%) of judicial salaries fees collected by the court under IC 33-37-5-26;

        for deposit in the state user fee fund established under IC 33-37-9; and
        (2) distribute monthly to the county auditor all document storage fees received by the court. The county auditor shall deposit fees distributed under this subdivision into the clerk's record perpetuation fund under IC 33-37-5-2.".
SOURCE: Page 8, line 11; (05)MO177702.8. -->     Page 8, between lines 11 and 12, begin a new line block indented and insert:
        " (4) A small claims action.".
    Page 8, line 12, delete "IC 33-37-1-1 or" and insert " IC 33-37-1-1,".
    Page 8, line 13, delete "IC 33-34,".
    Page 8, line 13, delete "nineteen" and insert " twenty-two".
    Page 8, line 14, delete "($19)." and insert " ($22).".
    Page 8, line 15, after "(b)" insert " In each small claims action filed in a court described in IC 33-37-1-1 or IC 33-34, the clerk shall collect a judicial salaries fee of fifteen ($15) dollars.
    Page 8, line 20, delete "nineteen" and insert " twenty-two".
    Page 8, line 21, delete "($19)." and insert " ($22).".
    Page 12, line 23, delete "one hundred" amd insert " seventy-five".
    Page 12, line 23, delete "(100%)" and insert " (75%)".
    Page 12, between lines 24 and 25, begin a new paragraph and insert:
    " (j) The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26 as the city or town share.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1777 as printed February 15, 2005.)


Representative Foley

MO177702/DI 69     2005