HB 1158-1_ Filed 01/23/2006, 18:25
Adopted 1/23/2006


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Judiciary     , to which was referred       House Bill 1158     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (06)AM115801.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 9-29-11-1; (06)AM115801.1. -->     "SECTION 1. IC 9-29-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) 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) 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.".

SOURCE: Page 2, line 42; (06)AM115801.2. -->     Page 2, after line 42, begin a new paragraph and insert:
SOURCE: IC 33-37-5-15; (06)AM115801.4. -->     "SECTION 4. 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: Page 3, line 14; (06)AM115801.3. -->     Page 3, after line 14, begin a new paragraph and insert:
SOURCE: IC 33-37-7-11; (06)AM115801.6. -->     "SECTION 6. 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)AM115801.7. -->     SECTION 7. 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.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1158 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Foley


AM115801/DI 107    2006