Reprinted

March 2, 2006





ENGROSSED

HOUSE BILL No. 1158

_____


DIGEST OF HB 1158 (Updated March 1, 2006 8:52 pm - DI 103)



Citations Affected: IC 9-29; IC 33-34; IC 33-35; IC 33-37; IC 36-2; noncode.

Synopsis: Small claims, civil actions, and sheriff's fees. Specifies that the 25% of the judicial salaries fees collected by a Marion County small claims court that is not deposited in the state general fund must be deposited in the general fund of the township in which the small claims court is located. Provides that the small claims service fee and civil action service fee do not apply to garnishee defendants. Creates a $10 small claims garnishee service fee and a $10 garnishee service fee, and provides that these fees are to be collected in small claims and civil actions involving more than three garnishees or garnishee defendants. Distributes the fees in the same manner as the small claims service fee and the service fee are distributed. Increases fees a county sheriff may charge for reports issued by the sheriff's office and for service of process for civil actions. Provides that for each verified claim filed by a sheriff for service of writs, orders, process, notices, tax warrants, or other papers completed by the sheriff: (1) a $13 service of
(Continued next page)

Effective: July 1, 2006.





Richardson, Thomas
(SENATE SPONSORS _ BRAY, LANANE)




    January 5, 2006, read first time and referred to Committee on Judiciary.
    January 23, 2006, amended, reported _ Do Pass.
    January 31, 2006, read second time, amended, ordered engrossed.
    February 1, 2006, engrossed. Read third time, passed. Yeas 72, nays 24.

SENATE ACTION

    February 6, 2006, read first time and referred to Committee on Judiciary.
    February 23, 2006, amended, reported favorably _ Do Pass.
    March 1, 2006, read second time, amended, ordered engrossed.





Digest Continued

process fee is imposed; and (2) the amount that a county fiscal body must appropriate to the sheriff is increased. Adds county sheriffs to the list of county officers entitled to appoint a chief deputy and other deputies and employees. Permits the superintendent of the state police department to charge a fee of at least $5 for an accident report and for the inspection and copying of other data related to an accident report without having the fee fixed by a local ordinance. Increases the DNA sample processing fee from $1 to $2 and permits the state police department to use the funds for DNA analysis. Specifies that the garnishee service fees service of process fees only apply to cases filed after June 30, 2006. Renames certain small claims courts. Makes conforming amendments.


Reprinted

March 2, 2006

Second Regular Session 114th General Assembly (2006)


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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1158



    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:

SOURCE: IC 9-29-11-1; (06)EH1158.2.1. -->     SECTION 1. IC 9-29-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) Except as provided in subsection (c), the main department, office, agency, or other person under whose supervision a law enforcement officer carries on the law enforcement officer's duties may charge a fee that is fixed by ordinance of the fiscal body in an amount not less than three five dollars ($3) ($5) for each report.
    (b) The fee collected under subsection (a) or (c) shall be deposited in the following manner:
        (1) If the department supplying a copy of the accident report is the state police department, in a separate account known as the "accident report account". The account may be expended at the discretion of the state police superintendent for a purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.
        (2) If the department supplying a copy of the accident report is the sheriff, county police, or county coroner, in a separate account

known as the "accident report account". The account may be expended at the discretion of the chief administrative officer of the entity that charged the fee for any purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.
        (3) If the department supplying a copy of the accident report is a city or town police department, in the local law enforcement continuing education fund established by IC 5-2-8-2.
     (c) The superintendent of the state police department may charge a fee in an amount that is not less than five dollars ($5) for:
        (1) each report; and
        (2) the inspection and copying of other report related data maintained by the department.

SOURCE: IC 33-34-1-7; (06)EH1158.2.2. -->     SECTION 2. IC 33-34-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. A hearing must be conducted to obtain evidence, opinions, advice, and suggestions from public officials and the general public concerning:
        (1) whether a small claims court division should be established or abolished in the township, if the township has a population of less than fifteen thousand (15,000) persons;
        (2) whether the small claims court division should be full time or part time;
        (3) the location of the small claims court division courtroom and offices; and
        (4) other relevant matters.
SOURCE: IC 33-34-1-9; (06)EH1158.2.3. -->     SECTION 3. IC 33-34-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning:
        (1) whether a small claims court division shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
        (2) whether the small claims court division, if any, shall function full time or part time;
        (3) the location of the small claims court division courtroom and offices under IC 33-34-6-1; and
        (4) other relevant matters.
SOURCE: IC 33-34-2-1; (06)EH1158.2.4. -->     SECTION 4. IC 33-34-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. A judge shall be elected at the general election every four (4) years by the registered

voters residing within the township in which the division of the small claims court is located.

SOURCE: IC 33-34-5-4; (06)EH1158.2.5. -->     SECTION 5. IC 33-34-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) If a judge is unable to preside over the judge's division of the small claims court during any number of days, the judge may appoint in writing a person qualified to be a small claims judge under IC 33-34-2-2 to preside in place of the judge.
    (b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the division small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
    (c) The appointee is entitled to the same compensation from the township trustee as accruable to the small claims judge in whose place the appointee is serving.
SOURCE: IC 33-34-5-5; (06)EH1158.2.6. -->     SECTION 6. IC 33-34-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) A judge absent from the bench for more than thirty (30) days shall deposit the dockets, books, and papers of the office with the:
        (1) small claims judge of another division township; or
        (2) circuit court;
as directed by the circuit court judge.
    (b) A:
        (1) judge with whom the docket of another judge is deposited during a vacancy or an absence; and
        (2) successor of any judge who has the dockets of the successor's predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation to the judge's own dockets.
    (c) Process shall be returned to the judge who has the legal custody of the docket at the day of return.
SOURCE: IC 33-34-6-1; (06)EH1158.2.7. -->     SECTION 7. IC 33-34-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The township trustee shall provide a courtroom for each division and an office for each judge in a convenient location within the township that has:
        (1) adequate access;
        (2) sufficient parking facilities;
        (3) a separate and appropriate courtroom;
        (4) proper space and facilities for the bailiff, clerks, and other employees; and
        (5) enough room for files and supplies.
SOURCE: IC 33-34-6-2; (06)EH1158.2.8. -->     SECTION 8. IC 33-34-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. A township shall:
        (1) furnish all:
            (A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township division of the small claims court; and
            (B) furniture, books, and other necessary equipment and supplies; and
        (2) provide for all necessary maintenance and upkeep of the facilities where court is held.
SOURCE: IC 33-34-8-3; (06)EH1158.2.9. -->     SECTION 9. IC 33-34-8-3, AS AMENDED BY P.L.176-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Payment for all costs made as a result of proceedings in a small claims court shall be to the _______ County Township of Marion 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 (IC 33-37-5-21) received by the court for deposit in the state user fee fund established under IC 33-37-9;
            (B) all public defense administration fees collected by the court under IC 33-37-5-21.2 for deposit in the state general fund;
            (C) all court administration fees collected by the court under IC 33-37-5-27 for deposit in the state general fund;
            (D) all judicial insurance adjustment fees collected by the court under IC 33-37-5-25 for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2; and
            (E) seventy-five percent (75%) of all judicial salaries fees collected by the court under IC 33-37-5-26 for deposit in the state general fund; and
        (2) distribute monthly to the county auditor all document storage fees received by the court.
The remaining twenty-five percent (25%) of the judicial salaries fees described in subdivision (1)(E) shall be deposited monthly in the township general fund of the township in which the court is

located. The county auditor shall deposit fees distributed under subdivision (2) into the clerk's record perpetuation fund under IC 33-37-5-2.

SOURCE: IC 33-35-3-9; (06)EH1158.2.10. -->     SECTION 10. IC 33-35-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) This section applies after June 30, 2005.
    (b) 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 33-37-7-12. 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.
    (c) If the party instituting an action or a proceeding recovers judgment, the judgment must also include as costs an amount equal to the small claims costs fee , the small claims garnishee service fee, and the small claims service fee prescribed under IC 33-37-4-5 or IC 33-37-4-6.
    (d) Money paid in advance for costs remaining unexpended at the time a civil action or proceeding is terminated, whether by reason of dismissal or otherwise, must 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 the state's political subdivisions.
SOURCE: IC 33-37-4-6; (06)EH1158.2.11. -->     SECTION 11. IC 33-37-4-6, AS AMENDED BY P.L.176-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) For each small claims action, the clerk shall collect the following fees:
        (1) From the party filing the action:
            (A) a small claims costs fee of thirty-five dollars ($35); and
            (B) a small claims service fee of ten dollars ($10) for each named defendant that is not a garnishee defendant; and
            (C) if the party has named more than three (3) garnishees or garnishee defendants, a small claims garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).

        (2) From any party adding a defendant that is not a garnishee defendant, a small claims service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the action.
         (3) From any party adding a garnishee or garnishee defendant, a small claims garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a small claims

garnishee service fee for the first three (3) garnishees named in the action.
However, a clerk may not collect a small claims costs fee, or small claims service fee, or small claims garnishee 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, and small claims garnishee service fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A document storage fee (IC 33-37-5-20).
        (3) An automated record keeping fee (IC 33-37-5-21).
        (4) A public defense administration fee (IC 33-37-5-21.2).
        (5) A judicial insurance adjustment fee (IC 33-37-5-25).
        (6) A judicial salaries fee (IC 33-37-5-26).
        (7) A court administration fee (IC 33-37-5-27).

SOURCE: IC 33-37-5-15; (06)EH1158.2.12. -->     SECTION 12. IC 33-37-5-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. (a) The sheriff shall collect a service of process fee of thirteen dollars ($13) from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff.
    (a) (b) The sheriff shall collect from the person who filed the civil action a service of process fee of forty sixty dollars ($40), ($60), in addition to any other fee for service of process, if:
        (1) a person files a civil action outside Indiana; and
        (2) a sheriff in Indiana is requested to perform a service of process associated with the civil action in Indiana.
    (b) (c) A sheriff shall transfer fees collected under this section to the county auditor of the county in which the sheriff has jurisdiction.
    (c) (d) The county auditor shall deposit fees collected under this section:
        (1) in the pension trust established by the county under IC 36-8-10-12; or
        (2) if the county has not established a pension trust under IC 36-8-10-12, in the county general fund.
SOURCE: IC 33-37-5-26.2; (06)EH1158.2.13. -->     SECTION 13. IC 33-37-5-26.2, AS ADDED BY P.L.176-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 26.2. In each action in which a person is:
        (1) convicted of an offense;
        (2) required to pay a pretrial diversion fee;
        (3) found to have committed an infraction; or
        (4) found to have violated an ordinance;
the clerk shall collect a DNA sample processing fee of one dollar ($1). two dollars ($2).
SOURCE: IC 33-37-5-28; (06)EH1158.2.14. -->     SECTION 14. IC 33-37-5-28, AS ADDED BY P.L.176-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 28. (a) Except as provided in subsection (c), this section applies to a civil action in which the clerk is required to collect a civil costs fee under IC 33-37-4-4(a).
    (b) The clerk shall collect the following:
        (1) From the party filing the civil action, a service fee of ten dollars ($10) for each additional defendant that is not a garnishee defendant named other than the first named defendant.
        (2) From any party adding a defendant that is not a garnishee defendant, a service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the civil action.
         (3) From a party that has named more than three (3) garnishees or garnishee defendants, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).
         (4) From a party adding a garnishee or garnishee defendant, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a garnishee service fee for the first three (3) garnishees or garnishee defendants named in the action.
    (c) This section does not apply to an action in which service is made by publication in accordance with Indiana Trial Rule 4.13.
SOURCE: IC 33-37-4-4; (06)EH1158.2.15. -->     SECTION 15. IC 33-37-4-4, AS AMENDED BY P.L.176-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The clerk shall collect a civil costs fee of one hundred dollars ($100) from a party filing a civil action. This subsection does not apply to the following civil actions:
        (1) Proceedings to enforce a statute defining an infraction under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (2) Proceedings to enforce an ordinance under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
        (4) Proceedings in paternity under IC 31-14.
        (5) Proceedings in small claims court under IC 33-34.
        (6) Proceedings in actions described in section 7 of this chapter.
    (b) In addition to the civil costs fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A support and maintenance fee (IC 33-37-5-6).
        (3) A document storage fee (IC 33-37-5-20).
        (4) An automated record keeping fee (IC 33-37-5-21).
        (5) A public defense administration fee (IC 33-37-5-21.2).
        (6) A judicial insurance adjustment fee (IC 33-37-5-25).
        (7) A judicial salaries fee (IC 33-37-5-26).
        (8) A court administration fee (IC 33-37-5-27).
        (9) A service fee (IC 33-37-5-28) (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
         (10) A garnishee service fee (IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4)).
SOURCE: IC 33-37-7-2; (06)EH1158.2.16. -->     SECTION 16. IC 33-37-7-2, AS AMENDED BY P.L.176-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) The clerk of a circuit court shall distribute semiannually 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 33-37-4-1(a) (criminal costs fees).
        (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-37-4-3(a) (juvenile costs fees).
        (4) IC 33-37-4-4(a) (civil costs fees).
        (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
        (6) IC 33-37-4-7(a) (probate costs fees).
        (7) IC 33-37-5-17 (deferred prosecution fees).
    (b) The clerk of a circuit court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9-2 the following:
        (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
        (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
        (3) Fifty percent (50%) of the child abuse prevention fees collected under IC 33-37-4-1(b)(7).
        (4) One hundred percent (100%) of the domestic violence prevention and treatment fees collected under IC 33-37-4-1(b)(8).
        (5) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
        (6) One hundred percent (100%) of the safe schools fee collected

under IC 33-37-5-18.
        (7) One hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21).
    (c) The clerk of a circuit court shall distribute monthly to the county auditor the following:
        (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
        (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(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 distribute monthly to the county auditor fifty percent (50%) of the child abuse prevention fees collected under IC 33-37-4-1(b)(7). 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 distribute monthly to the county auditor one hundred percent (100%) of the late payment fees collected under IC 33-37-5-22. 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 33-37-5-2 and sixty percent (60%) of the fees in the county general fund.
        (2) If the county fiscal body has not adopted an ordinance described in subdivision (1), the county auditor shall deposit all the fees in the county general fund.
    (f) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the sexual assault victims assistance fund established by IC 16-19-13-6 one hundred percent (100%) of the sexual assault victims assistance fees collected under IC 33-37-5-23.
    (g) The clerk of a circuit court shall distribute monthly 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 33-37-5-6.
        (2) The percentage share of the support and maintenance fees for

cases designated as IV-D child support cases in ISETS collected under IC 33-37-5-6 that is reimbursable to the county at the federal financial participation rate.
The county clerk shall distribute monthly 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 33-37-5-6 that is not reimbursable to the county at the applicable federal financial participation rate.
    (h) The clerk of a circuit court shall distribute monthly to the county auditor the following:
        (1)
One hundred percent (100%) of the small claims service fee under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in the county general fund.
         (2) One hundred percent (100%) of the small claims garnishee service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for deposit in the county general fund.
    (i) The clerk of a circuit court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following:
        (1) The public defense administration fee collected under IC 33-37-5-21.2.
        (2) The judicial salaries fees collected under IC 33-37-5-26.
        (3) The DNA sample processing fees collected under IC 33-37-5-26.2.
        (4) The court administration fees collected under IC 33-37-5-27.
    (j) The clerk of a circuit court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25.
    (k) The proceeds of the service fee collected under IC 33-37-5-28 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as follows:
        (1) The clerk shall distribute one hundred percent (100%) of the service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
        (2) The clerk shall distribute one hundred percent (100%) of the service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
     (l) The proceeds of the garnishee service fee collected under IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as follows:
        (1) The clerk shall distribute one hundred percent (100%) of

the garnishee service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
        (2) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.

SOURCE: IC 33-37-7-8; (06)EH1158.2.17. -->     SECTION 17. IC 33-37-7-8, AS AMENDED BY P.L.176-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) The clerk of a city or town court shall distribute semiannually 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 33-37-4-1(a) (criminal costs fees).
        (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-37-4-4(a) (civil costs fees).
        (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
        (5) IC 33-37-5-17 (deferred prosecution fees).
    (b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following:
        (1) IC 33-37-4-1(a) (criminal costs fees).
        (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-37-4-4(a) (civil costs fees).
        (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
        (5) IC 33-37-5-17 (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 33-37-4-1(a) (criminal costs fees).
        (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-37-4-4(a) (civil costs fees).
        (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
        (5) IC 33-37-5-17 (deferred prosecution fees).
    (d) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9 the following:
        (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
        (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6),

IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
        (3) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
        (4) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18.
        (5) One hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21).
    (e) The clerk of a city or town court shall distribute monthly to the county auditor the following:
        (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
        (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(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 following:
        (1) The late payment fees collected under IC 33-37-5-22.
        (2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
         (3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
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.
    (g) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following:
        (1) The public defense administration fee collected under IC 33-37-5-21.2.
        (2) The DNA sample processing fees collected under IC 33-37-5-26.2.
        (3) The court administration fees collected under IC 33-37-5-27.
    (h) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25.


    (i) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26. 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.
SOURCE: IC 33-37-7-9; (06)EH1158.2.18. -->     SECTION 18. IC 33-37-7-9, AS AMENDED BY P.L.176-2005, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state seven million nine hundred thirty-two thousand two hundred nine dollars ($7,932,209) eight million two hundred seventy-seven thousand twenty-three dollars ($8,277,023) for distribution under subsection (b).
    (b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
        (1) the family violence and victim assistance fund established by IC 12-18-5-2 an amount equal to nine and thirty-seven hundredths percent (9.37%); eight and ninety-nine hundredths percent (8.99%);
        (2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-two and fifty-three hundredths percent (32.53%); thirty-one and eighteen hundredths percent (31.18%);
        (3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and ninety-eight hundredths percent eighty-six hundredths percent (2.98%); (2.86%);
        (4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to twelve percent (12%); eleven and fifty-one hundredths percent (11.51%);
        (5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to thirteen and ninety-five hundredths percent (13.95%); thirteen and thirty-seven hundredths percent (13.37%);
        (6) the motor vehicle highway account an amount equal to twenty-two and seventy-eight hundredths percent (22.78%); twenty-one and eighty-four hundredths percent (21.84%);
        (7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-eight hundredths of one percent (0.28%); twenty-seven hundredths percent (.27%);
        (8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration,

certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and eighty-nine hundredths percent (1.89%); one and eighty-two hundredths percent (1.82%); and
        (9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to four and twenty-two hundredths percent (4.22%); eight and sixteen hundredths percent (8.16%);
of the amount transferred by the auditor of state under subsection (a).
    (c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1:
        (1) after June 30, 2004, and before July 1, 2005, one million seven hundred thousand dollars ($1,700,000); and
        (2) after June 30, 2005, two million seven hundred thousand dollars ($2,700,000).

SOURCE: IC 33-37-7-11; (06)EH1158.2.19. -->     SECTION 19. IC 33-37-7-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) This section applies to a county in which there is established a pension trust under IC 36-8-10-12.
    (b) For each service of a writ, an order, a process, a notice, a tax warrant, or other paper completed by the sheriff of a county described in subsection (a), the sheriff shall submit to the county fiscal body a verified claim of service.
    (c) From the county share distributed under section 3 or 4 of this chapter and deposited into the county general fund, the county fiscal body shall appropriate twelve thirteen dollars ($12) ($13) for each verified claim submitted by the sheriff under subsection (b). Amounts appropriated under this subsection shall be deposited by the county auditor into the pension trust established under IC 36-8-10-12.
SOURCE: IC 36-2-16-4; (06)EH1158.2.20. -->     SECTION 20. IC 36-2-16-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. Each of the following county officers is entitled to appoint one (1) first or chief deputy, and also may appoint the number of other full-time or part-time deputies and employees authorized by the county fiscal body:
        (1) The county auditor.
        (2) The county treasurer.
        (3) The county recorder.
        (4) The county superintendent of schools.
         (5) The county sheriff.
SOURCE: ; (06)EH1158.2.21. -->     SECTION 21. [EFFECTIVE JULY 1, 2006] IC 33-37-4-4, IC 33-37-4-6, IC 33-37-5-15, and IC 33-37-5-28, all as amended by this act, apply only to cases filed after June 30, 2006.


EH 1158_LS 6709/DI 106

Figure

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