Introduced Version
HOUSE BILL No. 1365
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-29-11-1; IC 33-37; IC 36-2-16-4.
Synopsis: Sheriff's fees and employees. 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 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.
Effective: July 1, 2006.
Thomas
January 12, 2006, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 114th General Assembly (2006)
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HOUSE BILL No. 1365
A BILL FOR AN ACT to amend the Indiana Code concerning local
government and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-29-11-1; (06)IN1365.1.1. -->
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: IC 33-37-5-15; (06)IN1365.1.2. -->
SECTION 2. 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 33-37-7-11; (06)IN1365.1.3. -->
SECTION 3. 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)IN1365.1.4. -->
SECTION 4. 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.