Introduced Version






HOUSE BILL No. 1318

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-29-5-2; IC 16-41; IC 33-37.

Synopsis: Funding for spinal cord and brain injury research. Eliminates the $10 registration fee on motorcycles that is designated for deposit in the spinal cord and brain injury fund. Increases court costs by $8 for certain traffic offenses and infractions for deposit in the spinal cord and brain injury fund. Repeals the law establishing the spinal cord and brain injury fund, and re-enacts the law under a different citation number to resolve a technical conflict between P.L.193-2007 and P.L.234-2007, which resulted in the addition of two different laws with the same citation number. Makes an appropriation.

Effective: July 1, 2008.





Mays




    January 15, 2008, read first time and referred to Committee on Roads and Transportation.







Introduced

Second Regular Session 115th General Assembly (2008)


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 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1318



    A BILL FOR AN ACT to amend the Indiana Code concerning health and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-29-5-2; (08)IN1318.1.1. -->     SECTION 1. IC 9-29-5-2, AS AMENDED BY P.L.234-2007, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. The fee for the registration of a motorcycle is twenty-seven seventeen dollars ($27). ($17). The revenue from this fee shall be allocated as follows:
        (1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 20-30-13-11.
        (2) An amount prescribed as a license branch service charge under IC 9-29-3.
        (3) Ten dollars ($10) to the spinal cord and brain injury fund under IC 16-41-42-4.
        (4) (3) The balance to the state general fund for credit to the motor vehicle highway account.
SOURCE: IC 16-41-42.2-3; (08)IN1318.1.2. -->     SECTION 2. IC 16-41-42.2-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The spinal cord and brain injury fund is established to fund research on spinal cord and brain

injuries.
    (b) The fund shall be administered by the state department.
    (c) The fund consists of:
        (1) appropriations;
        (2) gifts and bequests;
        (3) fees deposited in the fund by law; and
        (4) grants received from the federal government or private sources.
    (d) The expenses of administering the fund shall be paid from money in the fund.
    (e) 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.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) The money in the fund is continually appropriated to the state department to fund spinal cord and brain injury research programs.

SOURCE: IC 33-37-4-2; (08)IN1318.1.3. -->     SECTION 3. IC 33-37-4-2, AS AMENDED BY P.L.176-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) Except as provided in subsections (d) and (e), for each action that results in a judgment:
        (1) for a violation constituting an infraction; or
        (2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70).
    (b) In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant 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) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (3) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
        (5) A highway work zone fee (IC 33-37-5-14).
        (6) A deferred prosecution fee (IC 33-37-5-17).
        (7) A jury fee (IC 33-37-5-19).
        (8) A document storage fee (IC 33-37-5-20).
        (9) An automated record keeping fee (IC 33-37-5-21).
        (10) A late payment fee (IC 33-37-5-22).
        (11) A public defense administration fee (IC 33-37-5-21.2).
        (12) A judicial insurance adjustment fee (IC 33-37-5-25).
        (13) A judicial salaries fee (IC 33-37-5-26).
        (14) A court administration fee (IC 33-37-5-27).
        (15) A DNA sample processing fee (IC 33-37-5-26.2).
         (16) A speeding violation fee (IC 33-37-5-30).
        (17) A passenger restraint violation fee (IC 33-37-5-31).

         (18) A driving while a license is suspended fee (IC 33-37-5-32).
        (19) A driving while intoxicated and endangering a person fee (IC 33-37-5-33).
        (20) A disregard of stop sign fee (IC 33-37-5-34).
        (21) A disregard of traffic signal fee (IC 33-37-5-35).
        (22) A driving while intoxicated fee (IC 33-37-5-36).
        (23) A disregard of traffic control device fee (IC 33-37-5-37).
        (24) A prior operating while intoxicated fee (IC 33-37-5-38).
        (25) A following too closely fee (IC 33-37-5-39).
        (26) A reckless driving fee (IC 33-37-5-40).
        (27) An unsafe lane movement fee (IC 33-37-5-41).
        (28) A yield violation fee (IC 33-37-5-42).
        (29) An improper turn at intersection fee (IC 33-37-5-43).
        (30) A driving left of center fee (IC 33-37-5-44).
        (31) An offense relating to controlled substances while using a motor vehicle fee (IC 33-37-5-45).
        (32) A passing in a no passing zone fee (IC 33-37-5-46).
        (33) A driving on the wrong side of the road fee (IC 33-37-5-47).
        (34) A driving the wrong way on a one-way road fee (IC 33-37-5-48).
        (35) An improper passing fee (IC 33-37-5-49).
        (36) An improper passing to the left of the center line fee (IC 33-37-5-50).
        (37) An operating a vehicle with a controlled substance fee (IC 33-37-5-51).
        (38) An operating a vehicle while intoxicated resulting in injury fee (IC 33-37-5-52).
        (39) A zero tolerance for individuals under the age of twenty-one (21) who drive while intoxicated fee (IC 33-37-5-53).

    (c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, not later than thirty (30) days after the fees are collected:
        (1) The alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (2) The law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (3) The deferral program fee (subsection (e)).
The auditor or fiscal officer shall deposit the fees in the user fee fund established under IC 33-37-8.
    (d) The defendant is not liable for any ordinance violation costs fee in an action if all the following apply:
        (1) The defendant was charged with an ordinance violation subject to IC 33-36.
        (2) The defendant denied the violation under IC 33-36-3.
        (3) Proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (4) The defendant was tried and the court entered judgment for the defendant for the violation.
    (e) Instead of the infraction or ordinance violation costs fee prescribed by subsection (a), the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:
        (1) an initial user's fee not to exceed fifty-two dollars ($52); and
        (2) a monthly user's fee not to exceed ten dollars ($10) for each month the person remains in the deferral program.
    (f) The fees prescribed by this section are costs for purposes of IC 34-28-5-5 and may be collected from a defendant against whom judgment is entered. Any penalty assessed is in addition to costs.
SOURCE: IC 33-37-5-30; (08)IN1318.1.4. -->     SECTION 4. IC 33-37-5-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 30. (a) This section applies to infractions committed under IC 9-21-5.
    (b)
The clerk shall collect a speeding violation fee of eight dollars ($8) for each infraction committed under IC 9-21-5.
SOURCE: IC 33-37-5-31; (08)IN1318.1.5. -->     SECTION 5. IC 33-37-5-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 31. (a) This section applies to infractions committed under IC 9-19-10.
    (b) The clerk shall collect a passenger restraint violation fee of eight dollars ($8) for each infraction committed under IC 9-19-10.

SOURCE: IC 33-37-5-32; (08)IN1318.1.6. -->     SECTION 6. IC 33-37-5-32 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 32. (a) This section applies to infractions committed under IC 9-24-19-1.
    (b) The clerk shall collect a driving while a license is suspended fee of eight dollars ($8) for each infraction committed under IC 9-24-19-1.

SOURCE: IC 33-37-5-33; (08)IN1318.1.7. -->     SECTION 7. IC 33-37-5-33 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 33. (a) This section applies to misdemeanors committed under IC 9-30-5-2.
    (b) The clerk shall collect a driving while intoxicated and endangering a person fee of eight dollars ($8) for each misdemeanor committed under IC 9-30-5-2.

SOURCE: IC 33-37-5-34; (08)IN1318.1.8. -->     SECTION 8. IC 33-37-5-34 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 34. (a) This section applies to infractions committed under IC 9-21-8-32.
    (b) The clerk shall collect a disregard of stop sign fee of eight dollars ($8) for each infraction committed under IC 9-21-8-32.

SOURCE: IC 33-37-5-35; (08)IN1318.1.9. -->     SECTION 9. IC 33-37-5-35 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 35. (a) This section applies to infractions committed under IC 9-21-3-7.
    (b) The clerk shall collect a disregard of traffic signal fee of eight dollars ($8) for each infraction committed under IC 9-21-3-7.

SOURCE: IC 33-37-5-36; (08)IN1318.1.10. -->     SECTION 10. IC 33-37-5-36 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 36. (a) This section applies to misdemeanors committed under IC 9-30-5-1.
    (b) The clerk shall collect a driving while intoxicated fee of eight dollars ($8) for each misdemeanor committed under IC 9-30-5-1.

SOURCE: IC 33-37-5-37; (08)IN1318.1.11. -->     SECTION 11. IC 33-37-5-37 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 37. (a) This section applies to infractions committed under IC 9-21-8-41.
    (b) The clerk shall collect a disregard of traffic control device fee of eight dollars ($8) for each infraction committed under IC 9-21-8-41.

SOURCE: IC 33-37-5-38; (08)IN1318.1.12. -->     SECTION 12. IC 33-37-5-38 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 38. (a) This section applies to felonies committed under IC 9-30-5-3.
     (b) The clerk shall collect a prior operating while intoxicated fee of eight dollars ($8) for each felony committed under IC 9-30-5-3.
SOURCE: IC 33-37-5-39; (08)IN1318.1.13. -->     SECTION 13. IC 33-37-5-39 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 39. (a) This section applies to infractions committed under IC 9-21-8-14.
    (b) The clerk shall collect a following too closely fee of eight dollars ($8) for each infraction committed under IC 9-21-8-14.

SOURCE: IC 33-37-5-40; (08)IN1318.1.14. -->     SECTION 14. IC 33-37-5-40 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 40. (a) This section applies to misdemeanors committed under IC 9-21-8-52.
    (b) The clerk shall collect a reckless driving fee of eight dollars ($8) for each misdemeanor committed under IC 9-21-8-52.

SOURCE: IC 33-37-5-41; (08)IN1318.1.15. -->     SECTION 15. IC 33-37-5-41 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 41. (a) This section applies to infractions committed under IC 9-21-8-11.
    (b) The clerk shall collect an unsafe lane movement fee of eight dollars ($8) for each infraction committed under IC 9-21-8-11.

SOURCE: IC 33-37-5-42; (08)IN1318.1.16. -->     SECTION 16. IC 33-37-5-42 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 42. (a) This section applies to infractions committed under IC 9-21-8-30.
    (b) The clerk shall collect a yield violation fee of eight dollars ($8) for each infraction committed under IC 9-21-8-30.

SOURCE: IC 33-37-5-43; (08)IN1318.1.17. -->     SECTION 17. IC 33-37-5-43 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 43. (a) This section applies to infractions committed under IC 9-21-8-21.
    (b) The clerk shall collect an improper turn at intersection fee of eight dollars ($8) for each infraction committed under IC 9-21-8-21.

SOURCE: IC 33-37-5-44; (08)IN1318.1.18. -->     SECTION 18. IC 33-37-5-44 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 44. (a) This section applies to infractions committed under IC 9-21-8-4.
    (b) The clerk shall collect a driving left of center fee of eight dollars ($8) for each infraction committed under IC 9-21-8-4.

SOURCE: IC 33-37-5-45; (08)IN1318.1.19. -->     SECTION 19. IC 33-37-5-45 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 45. (a) This section applies to

misdemeanors and felonies under IC 35-48-4-15.
    (b) The clerk shall collect an offense relating to controlled substances while using a motor vehicle fee of eight dollars ($8) for each misdemeanor or felony committed under IC 35-48-4-15.

SOURCE: IC 33-37-5-46; (08)IN1318.1.20. -->     SECTION 20. IC 33-37-5-46 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 46. (a) This section applies to infractions committed under IC 9-21-4-12.
    (b) The clerk shall collect a passing in a no passing zone fee of eight dollars ($8) for each infraction committed under IC 9-21-4-12.

SOURCE: IC 33-37-5-47; (08)IN1318.1.21. -->     SECTION 21. IC 33-37-5-47 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 47. (a) This section applies to infractions committed under IC 9-21-8-2.
    (b) The clerk shall collect a driving on the wrong side of the road fee of eight dollars ($8) for each infraction committed under IC 9-21-8-2.

SOURCE: IC 33-37-5-48; (08)IN1318.1.22. -->     SECTION 22. IC 33-37-5-48 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 48. (a) This section applies to infractions committed under IC 9-21-8-9.
    (b) The clerk shall collect a driving the wrong way on a one-way road fee of eight dollars ($8) for each infraction committed under IC 9-21-8-9.

SOURCE: IC 33-37-5-49; (08)IN1318.1.23. -->     SECTION 23. IC 33-37-5-49 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 49. (a) This section applies to infractions committed under IC 9-21-8-5.
    (b) The clerk shall collect an improper passing fee of eight dollars ($8) for each infraction committed under IC 9-21-8-5.

SOURCE: IC 33-37-5-50; (08)IN1318.1.24. -->     SECTION 24. IC 33-37-5-50 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 50. (a) This section applies to infractions committed under IC 9-21-8-7.
    (b) The clerk shall collect an improper passing to the left of the center line fee of eight dollars ($8) for each infraction committed under IC 9-21-8-7.

SOURCE: IC 33-37-5-51; (08)IN1318.1.25. -->     SECTION 25. IC 33-37-5-51 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 51. (a) This section applies to misdemeanors committed under IC 9-30-5-1(c).
    (b) The clerk shall collect an operating a vehicle with a controlled substance fee of eight dollars ($8) for each misdemeanor committed under IC 9-30-5-1(c).

SOURCE: IC 33-37-5-52; (08)IN1318.1.26. -->     SECTION 26. IC 33-37-5-52 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 52. (a) This section applies to felonies committed under IC 9-30-5-4.
    (b) The clerk shall collect an operating a vehicle while intoxicated resulting in injury fee of eight dollars ($8) for each felony committed under IC 9-30-5-4.

SOURCE: IC 33-37-5-53; (08)IN1318.1.27. -->     SECTION 27. IC 33-37-5-53 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 53. (a) This section applies to infractions committed under IC 9-30-5-8.5.
    (b) The clerk shall collect a zero tolerance for individuals under the age of twenty-one (21) who drive while intoxicated fee of eight dollars ($8) for each infraction committed under IC 9-30-5-8.5.

SOURCE: IC 33-37-7-2; (08)IN1318.1.28. -->     SECTION 28. IC 33-37-7-2, AS AMENDED BY P.L.174-2006, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 account established by IC 4-23-25-11(i) 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(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.
     (m) The clerk of a circuit court shall distribute monthly to the auditor of state:
        (1) the
speeding violation fee collected under IC 33-37-5-30;
        (2) the passenger restraint violation fee collected under IC 33-37-5-31;

         (3) a driving while a license is suspended fee under IC 33-37-5-32;
        (4) a driving while intoxicated and endangering a person fee under IC 33-37-5-33;
        (5) a disregard of stop sign fee under IC 33-37-5-34;
        (6) a disregard of traffic signal fee under IC 33-37-5-35;
        (7) a driving while intoxicated fee under IC 33-37-5-36;
        (8) a disregard of traffic control device fee under IC 33-37-5-37;
        (9) a prior operating while intoxicated fee under IC 33-37-5-38;
        (10) a following too closely fee under IC 33-37-5-39;
        (11) a reckless driving fee under IC 33-37-5-40;
        (12) an unsafe lane movement fee under IC 33-37-5-41;
        (13) a yield violation fee under IC 33-37-5-42;
        (14) an improper turn at intersection fee under IC 33-37-5-43;
        (15) a driving left of center fee under IC 33-37-5-44;
        (16) an offense relating to controlled substances while using a motor vehicle fee under IC 33-37-5-45;
        (17) a passing in a no passing zone fee under IC 33-37-5-46;
        (18) a driving on the wrong side of the road fee under IC 33-37-5-47;
        (19) a driving the wrong way on a one-way road fee under IC 33-37-5-48;
        (20) an improper passing fee under IC 33-37-5-49;
        (21) an improper passing to the left of the center line fee

under IC 33-37-5-50;
        (22) an operating a vehicle with a controlled substance fee under IC 33-37-5-51;
        (23) an operating a vehicle while intoxicated resulting in injury fee under IC 33-37-5-52; and
        (24) a zero tolerance for individuals under the age of twenty-one (21) who drive while intoxicated fee under IC 33-37-5-53;

for deposit in the spinal cord and brain injury fund established by IC 16-41-42.2-3.

SOURCE: IC 16-41-42-3; (08)IN1318.1.29. -->     SECTION 29. IC 16-41-42-3, AS ADDED BY P.L.234-2007, SECTION 47, IS REPEALED [EFFECTIVE JULY 1, 2008].