Citations Affected: IC 5-20; IC 24-5.5; IC 24-9; IC 25-1-11; IC 25-34.1-6-2.5; IC 27-7-3-15.5;
IC 32-29-7-10; IC 32-30; IC 33-37.
Synopsis: Residential mortgage foreclosures. Conference committee report for ESB 492. Requires a foreclosure consultant to retain all records and documents related to services performed on behalf of a homeowner for at least three years after the termination or conclusion of the foreclosure consultant contract. Prohibits a person from engaging in, or soliciting to engage in, a real estate or mortgage transaction without a permit or license required by law. Prohibits a person from making certain representations with respect to: (1) a mortgage or real estate transaction; or (2) the property that is the subject of the transaction; if the representation is not true and the person knows or reasonably should know that the representation is not true. Specifies that the board that regulates a licensed profession may not approve the surrender of a practitioner's license if the attorney general's office: (1) has filed an administrative complaint concerning the practitioner's license; and (2) opposes the surrender. Provides that a practitioner of a licensed profession who has been subjected to disciplinary sanctions by the board that regulates the profession may be required to pay the costs of any real estate review appraisal obtained in connection with the disciplinary proceedings. Provides that a violation of the statutes concerning: (1) credit service organizations; and (2) mortgage rescue protection fraud; by a person licensed or required to be licensed as a real estate salesperson or broker is a violation of the statute governing the regulation of real estate salespersons and brokers and is subject to certain specified enforcement procedures and sanctions. Provides that the electronic system to be established by the department of insurance not later than September 1, 2009, for the collection and storage of certain information concerning persons participating in or assisting with single family residential mortgage transactions must include the names of the buyer and the seller in a first lien purchase money mortgage transaction. Provides that in a foreclosure action that is filed after June 30, 2009, with respect to a first lien residential mortgage transaction, the creditor shall, not later than 30 days before the creditor files the action, send to the debtor a presuit notice, on a form prescribed by the housing and community development authority (authority), that: (1) informs the debtor that the debtor is in default; (2) informs the debtor that the debtor is encouraged to obtain assistance from a mortgage foreclosure counselor; and (3) provides contact information for the Indiana Foreclosure Prevention Network. Provides that in prescribing the
form for the presuit notice, the authority must include the statement concerning mortgage foreclosure consultants that mortgagees are required to provide under existing law upon filing a foreclosure action. Provides that if the creditor proceeds to file an action to foreclose the mortgage, the creditor shall include with the complaint served on the debtor a notice that informs the debtor that the debtor: (1) has a right to participate in a settlement conference; and (2) may schedule a settlement conference by notifying the court, not later than 30 days after the notice is served, of the debtor's intent to participate in a settlement conference. Specifies certain circumstances under which a creditor is not required to provide: (1) the presuit notice; and (2) the notice of the debtor's right to a settlement conference. Provides that after June 30, 2009, a court may not issue a judgment of foreclosure with respect to a first lien residential mortgage transaction unless the following apply: (1) The creditor has given the required notice to the debtor of the availability of a settlement conference. (2) The debtor either: (A) does not contact the court within 30 days to schedule a settlement conference; or (B) contacts the court within the required 30 day period to schedule a settlement conference and, upon conclusion of the settlement conference, the parties are unable agree to a foreclosure prevention agreement. (3) At least 60 days have elapsed since the date the presuit notice was sent, unless the mortgaged property is abandoned. Provides an exception to these conditions and to the need for a settlement conference if the court finds that a settlement conference would be of limited value based on the result of a prior loss mitigation effort between the creditor and the debtor. Provides that if the debtor contacts the court to schedule a settlement conference, the court shall issue a notice of a settlement conference to the parties. Provides that the court's notice of a settlement conference must do the following: (1) Order the creditor and the debtor to conduct a settlement conference on or before a date and time specified in the notice. (2) Encourage the debtor to contact a mortgage foreclosure counselor before the settlement conference. (3) Require the debtor to bring to the settlement conference certain documents needed to engage in good faith negotiations. (4) Require the creditor to bring to the settlement conference a transaction history for the mortgage. (5) Inform the parties that each has the right to be represented by an attorney or assisted by a mortgage foreclosure counselor. (6) Inform the parties that the settlement conference will be conducted at the county courthouse, or at another place designated by the court, on the date and at the time specified by the court, unless the parties stipulate otherwise. Requires the creditor to ensure that any person representing the creditor: (1) at a settlement conference; or (2) in any other negotiations with the debtor designed to reach agreement on a foreclosure prevention agreement; has authority to represent the creditor. Provides that if, as a result of a settlement conference, the debtor and the creditor agree to enter into a foreclosure prevention agreement, the agreement shall be reduced to writing and signed by both parties. Provides that at the election of the creditor, the foreclosure shall be dismissed or stayed for as long as the debtor complies with the terms of the foreclosure prevention agreement. After a settlement conference has occurred, requires the creditor to notify the court as to whether a foreclosure prevention agreement has been reached. Provides that participation in a settlement conference satisfies any mediation or alternative dispute resolution requirement established by court rule. Provides that immediately after a foreclosure sale, the sheriff that conducted the sale shall: (1) execute and deliver to the purchaser; and (2) except in a foreclosure action involving a mortgage insured by the United States Department of Housing and Urban Development, record with the recorder of the county in which the premises are located; a deed of conveyance for the premises. Establishes a $50 court fee for mortgage foreclosure actions that are filed after June 30, 2009, and before January 1, 2013. Provides that the fees are to be deposited in the home ownership education account administered by the authority. (This conference committee report does the following: (1) Removes language prohibiting the issuance of a gift card that is subject to an expiration date or a fee. (2) Removes a provision that would require a sheriff's sale of abandoned residential real estate for which a judgment of foreclosure has been issued if: (A) a person that may enforce the judgment has not filed a praecipe to execute the judgment within 180 days after the entry of the judgment; and (B) the municipality or county in which the property is located files a petition with the county clerk requesting a sheriff's sale. (3) With respect to provisions concerning proposed settlement conferences for residential
mortgages: (A) provides an exception to: (i) the need for a settlement conference; and (ii)
specified conditions that must be met before a court may issue a judgment of foreclosure;
if the court finds that a settlement conference would be of limited value based on the result
of a prior loss mitigation effort between the creditor and the debtor; and (B) provides that
the court's notice of a settlement conference must encourage (rather than require) the
debtor to contact a mortgage foreclosure counselor before the date of the settlement
conference. (4) Adds language establishing a $50 court fee for mortgage foreclosure actions
that are filed after June 30, 2009, and before January 1, 2013.)
Effective: Upon passage; July 1, 2009; January 1, 2010.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 492 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
the authority;
(3) to purchase or participate in the purchase from mortgage
lenders of mortgage loans made to persons of low and moderate
income for residential housing;
(4) to make loans to mortgage lenders for the purpose of
furnishing funds to such mortgage lenders to be used for making
mortgage loans for persons and families of low and moderate
income. However, the obligation to repay loans to mortgage
lenders shall be general obligations of the respective mortgage
lenders and shall bear such date or dates, shall mature at such
time or times, shall be evidenced by such note, bond, or other
certificate of indebtedness, shall be subject to prepayment, and
shall contain such other provisions consistent with the purposes
of this chapter as the authority shall by rule or resolution
determine;
(5) to collect and pay reasonable fees and charges in connection
with making, purchasing, and servicing of its loans, notes, bonds,
commitments, and other evidences of indebtedness;
(6) to acquire real property, or any interest in real property, by
conveyance, including purchase in lieu of foreclosure, or
foreclosure, to own, manage, operate, hold, clear, improve, and
rehabilitate such real property and sell, assign, exchange, transfer,
convey, lease, mortgage, or otherwise dispose of or encumber
such real property where such use of real property is necessary or
appropriate to the purposes of the authority;
(7) to sell, at public or private sale, all or any part of any mortgage
or other instrument or document securing a construction loan, a
land development loan, a mortgage loan, or a loan of any type
permitted by this chapter;
(8) to procure insurance against any loss in connection with its
operations in such amounts and from such insurers as it may deem
necessary or desirable;
(9) to consent, subject to the provisions of any contract with
noteholders or bondholders which may then exist, whenever it
deems it necessary or desirable in the fulfillment of its purposes
to the modification of the rate of interest, time of payment of any
installment of principal or interest, or any other terms of any
mortgage loan, mortgage loan commitment, construction loan,
loan to lender, or contract or agreement of any kind to which the
authority is a party;
(10) to enter into agreements or other transactions with any
federal, state, or local governmental agency for the purpose of
providing adequate living quarters for such persons and families
in cities and counties where a need has been found for such
housing;
(11) to include in any borrowing such amounts as may be deemed
necessary by the authority to pay financing charges, interest on
the obligations (for a period not exceeding the period of
construction and a reasonable time thereafter or if the housing is
completed, two (2) years from the date of issue of the
obligations), consultant, advisory, and legal fees and such other
expenses as are necessary or incident to such borrowing;
(12) to make and publish rules respecting its lending programs
and such other rules as are necessary to effectuate the purposes of
this chapter;
(13) to provide technical and advisory services to sponsors,
builders, and developers of residential housing and to residents
and potential residents, including housing selection and purchase
procedures, family budgeting, property use and maintenance,
household management, and utilization of community resources;
(14) to promote research and development in scientific methods
of constructing low cost residential housing of high durability;
(15) to encourage community organizations to participate in
residential housing development;
(16) to make, execute, and effectuate any and all agreements or
other documents with any governmental agency or any person,
corporation, association, partnership, limited liability company,
or other organization or entity necessary or convenient to
accomplish the purposes of this chapter;
(17) to accept gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and assistance
and any other aid from any source whatsoever and to agree to, and
to comply with, conditions attached thereto;
(18) to sue and be sued in its own name, plead and be impleaded;
(19) to maintain an office in the city of Indianapolis and at such
other place or places as it may determine;
(20) to adopt an official seal and alter the same at pleasure;
(21) to adopt and from time to time amend and repeal bylaws for
the regulation of its affairs and the conduct of its business and to
prescribe rules and policies in connection with the performance
of its functions and duties;
(22) to employ fiscal consultants, engineers, attorneys, real estate
counselors, appraisers, and such other consultants and employees
as may be required in the judgment of the authority and to fix and
pay their compensation from funds available to the authority
therefor;
(23) notwithstanding IC 5-13, but subject to the requirements of
any trust agreement entered into by the authority, to invest:
(A) the authority's money, funds, and accounts;
(B) any money, funds, and accounts in the authority's custody;
and
(C) proceeds of bonds or notes;
in the manner provided by an investment policy established by
resolution of the authority;
(24) to make or participate in the making of construction loans,
mortgage loans, or both, to individuals, partnerships, limited
liability companies, corporations, and organizations for the
construction of residential facilities for individuals with a
developmental disability or for individuals with a mental illness
or for the acquisition or renovation, or both, of a facility to make
it suitable for use as a new residential facility for individuals with
a developmental disability or for individuals with a mental illness;
and at least forty percent (40%) of the mortgage loans so financed
shall be for persons whose adjusted family income shall be below
eighty percent (80%) of the median income for such area. involved.
However, if the authority determines that additional encouragement is
needed for the development of the geographic area involved, a
mortgage loan acquired or made under subsection (a)(3) or (a)(4) may
be made to a person whose adjusted family income, as determined by
the authority, does not exceed one hundred forty percent (140%) of the
median income for the geographic area involved. The authority shall
establish procedures that the authority determines are appropriate to
structure and administer any program conducted under subsection
(a)(3) or (a)(4) for the purpose of acquiring or making mortgage loans
to persons of low or moderate income. In determining what constitutes
low income, moderate income, or median income for purposes of any
program conducted under subsection (a)(3) or (a)(4), the authority
shall consider:
(1) the appropriate geographic area in which to measure income
levels; and
(2) the appropriate method of calculating low income, moderate
income, or median income levels including:
(A) sources of;
(B) exclusions from; and
(C) adjustments to;
income.
(c) In addition to the powers set forth in subsection (a), the
authority may, with the proceeds of bonds and notes sold to retirement
plans covered by IC 5-10-1.7, structure and administer a program of
purchasing or participating in the purchasing from mortgage lenders
of mortgage loans made to qualified members of retirement plans and
other individuals. The authority shall structure and administer any
program conducted under this subsection to assure that:
(1) each mortgage loan is made as a first mortgage loan for real
property:
(A) that is a single family dwelling, including a condominium
or townhouse, located in Indiana;
(B) for a purchase price of not more than ninety-five thousand
dollars ($95,000);
(C) to be used as the purchaser's principal residence; and
(D) for which the purchaser has made a down payment in an
amount determined by the authority;
(2) no mortgage loan exceeds seventy-five thousand dollars
($75,000);
(3) any bonds or notes issued which are backed by mortgage
loans purchased by the authority under this subsection shall be
offered for sale to the retirement plans covered by IC 5-10-1.7;
and
(4) qualified members of a retirement plan shall be given
preference with respect to the mortgage loans that in the
aggregate do not exceed the amount invested by their retirement
plan in bonds and notes issued by the authority that are backed
by mortgage loans purchased by the authority under this
subsection.
(d) As used in this section, "a qualified member of a retirement
plan" means an active or retired member:
(1) of a retirement plan covered by IC 5-10-1.7 that has invested
in bonds and notes issued by the authority that are backed by
mortgage loans purchased by the authority under subsection (c);
and
(2) who for a minimum of two (2) years preceding the member's
application for a mortgage loan has:
(A) been a full-time state employee, teacher, judge, police
officer, or firefighter;
(B) been a full-time employee of a political subdivision
participating in the public employees' retirement fund;
(C) been receiving retirement benefits from the retirement
plan; or
(D) a combination of employment and receipt of retirement
benefits equaling at least two (2) years.
(e) (c) The authority, when directed by the governor, shall
administer programs and funds under 42 U.S.C. 1437 et seq.
(f) (d) The authority shall identify, promote, assist, and fund:
(1) home ownership education programs; and
(2) mortgage foreclosure counseling and education programs
under IC 5-20-6;
conducted throughout Indiana by nonprofit counseling agencies that
the authority has certified, by the authority, or by any other public,
private, or nonprofit entity in partnership with a nonprofit agency
that the authority has certified, using funds appropriated under
section 27 of this chapter. The attorney general and the entities listed
in IC 4-6-12-4(a)(1) through IC 4-6-12-4(a)(10) shall cooperate with
the authority in implementing this subsection.
(g) (e) The authority shall:
(1) oversee and encourage a regional homeless delivery system
that:
(A) considers the need for housing and support services;
(B) implements strategies to respond to gaps in the delivery
system; and
(C) ensures individuals and families are matched with optimal
housing solutions;
(2) facilitate the dissemination of information to assist individuals
and families accessing local resources, programs, and services
related to homelessness, housing, and community development;
and
(3) each year, estimate and reasonably determine the number of
the following:
(A) Individuals in Indiana who are homeless.
(B) Individuals in Indiana who are homeless and less than
eighteen (18) years of age.
(C) Individuals in Indiana who are homeless and not residents
of Indiana.
UPON PASSAGE]: Sec. 27. (a) The home ownership education
account within the state general fund is established to support: the
(1) home ownership education programs established under section
4(d) of this chapter; and
(2) mortgage foreclosure counseling and education programs
established under IC 5-20-6-2.
The account is administered by the authority.
(b) The home ownership education account consists of:
(1) court fees collected under IC 24-9-9; IC 33-37-5-30 (before
its expiration on January 1, 2013); and
(2) civil penalties imposed and collected under:
(A) IC 6-1.1-12-43(g)(2)(B); or
(B) IC 27-7-3-15.5(e).
(c) The expenses of administering the home ownership education
account shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the home
ownership education account not currently needed to meet the
obligations of the account in the same manner as other public money
may be invested.
IC 32-30-10 to foreclose a mortgage or deed of trust shall, at the time
of not later than thirty (30) days before filing the complaint in the
action, provide the following written notice, on a form prescribed by
the Indiana housing and community development authority under
IC 32-30-10.5-8(a), to the mortgagor in a statement printed in at least
14 point boldface type:
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) As used in this section, "mortgage
transaction" includes the following:
(1) A home loan subject to this article.
(2) A loan described in IC 24-9-1-1 that is secured by a
mortgage or deed of trust on real estate in Indiana on which
there is located or will be located a structure or structures:
(A) designed primarily for occupancy of one (1) to four (4)
families; and
(B) that is or will be occupied by a borrower as the
borrower's principal dwelling.
(3) A first lien mortgage transaction (as defined in
IC 24-4.4-1-301) subject to IC 24-4.4.
(4) A consumer credit sale subject to IC 24-4.5-2 in which a
mortgage, deed of trust, or land contract that constitutes a lien is
created or retained against land upon which there is a dwelling
that is or will be used by the debtor primarily for personal, family,
or household purposes.
(5) A consumer credit loan subject to IC 24-4.5-3 in which a
mortgage, deed of trust, or land contract that constitutes a lien is
created or retained against land upon which there is a dwelling
that is or will be used by the debtor primarily for personal, family,
or household purposes.
(6) A loan in which a mortgage, deed of trust, or land contract that
constitutes a lien is created or retained against land:
(A) that is located in Indiana;
(B) upon which there is a dwelling that is not or will not be
used by the borrower primarily for personal, family, or
household purposes; and
(C) that is classified as residential for property tax purposes.
The term includes a loan that is secured by land in Indiana upon
which there is a dwelling that is purchased by or through the
borrower for investment or other business purposes.
(7) A reverse mortgage transaction that is secured by real
estate in Indiana on which there is located a structure that is
occupied by a borrower as the borrower's principal dwelling.
(b) As used in this section, "real estate transaction" means the sale
or lease of any legal or equitable interest in real estate:
(1) that is located in Indiana;
(2) upon which there is a dwelling; and
(3) that is classified as residential for property tax purposes.
(c) A person may not:
(1) divide a loan transaction into separate parts with the intent of
evading a provision of this article;
(2) structure a home loan transaction as an open-end loan with the
intent of evading the provisions of this article if the loan would be
a high cost home loan if the home loan had been structured as a
closed-end loan;
(3) engage in a deceptive act in connection with a mortgage
transaction or a real estate transaction;
(3) (4) engage in, or solicit to engage in, a real estate transaction
or a mortgage transaction without a permit or license required by
law; or
(4) (5) with respect to a real estate transaction or a mortgage
transaction, represent that:
(A) the transaction has:
(i) certain terms or conditions; or
(ii) the sponsorship or approval of a particular person or
entity;
that it does not have and that the person knows or reasonably
should know it does not have; or
(B) the real estate or property that is the subject of the
transaction has any improvements, appurtenances, uses,
characteristics, or associated benefits that it does not have and
that the person knows or reasonably should know it does not
have.
under this chapter, a person must:
(1) notify the homeowner protection unit established by
IC 4-6-12-2 of the alleged violation giving rise to the action; and
(2) allow the homeowner protection unit at least ninety (90) days
to institute appropriate administrative and civil action to redress
a violation.
(f) An action under this chapter must be brought within five (5)
years after the date that the person knew, or by the exercise of
reasonable diligence should have known, of the violation of this article.
(g) An award of damages under subsection (a) has priority over a
civil penalty imposed under this article.
debtor accept receipt of the notice for an action to proceed as
allowed under this chapter.
(c) Except as provided in subsection (e) and section 10(g) of this
chapter, if a creditor files an action to foreclose a mortgage, the
creditor shall include with the complaint served on the debtor a
notice that informs the debtor of the debtor's right to participate
in a settlement conference. The notice must be in a form prescribed
by the Indiana housing and community development authority
created by IC 5-20-1-3. The notice must inform the debtor that the
debtor may schedule a settlement conference by notifying the
court, not later than thirty (30) days after the notice is served, of
the debtor's intent to participate in a settlement conference.
(d) In a foreclosure action filed under IC 32-30-10-3 after June
30, 2009, the creditor shall attach to the complaint filed with the
court a copy of the notices sent to the debtor under subsections (a)
and (c).
(e) A creditor is not required to send the notices described in
this section if:
(1) the loan is secured by a dwelling that is not the debtor's
primary residence;
(2) the loan has been the subject of a prior foreclosure
prevention agreement under this chapter and the debtor has
defaulted with respect to the terms of that foreclosure
prevention agreement; or
(3) bankruptcy law prohibits the creditor from participating
in a settlement conference under this chapter with respect to
the loan.
Sec. 9. (a) Except as provided in subsection (b), after June 30,
2009, a court may not issue a judgment of foreclosure under
IC 32-30-10 on a mortgage subject to this chapter unless all of the
following apply:
(1) The creditor has given the notice required under section
8(c) of this chapter.
(2) The debtor either:
(A) does not contact the court within the thirty (30) day
period described in section 8(c) of this chapter to schedule
a settlement conference under section 8(c) of this chapter;
or
(B) contacts the court within the thirty (30) day period
described in section 8(c) of this chapter to schedule a
conference under section 8(c) of this chapter and, upon
conclusion of the conference, the parties are unable to
reach agreement on the terms of a foreclosure prevention
agreement.
(3) At least sixty (60) days have elapsed since the date the
notice required by section 8(a) of this chapter was sent, unless
the mortgaged property is abandoned.
(b) If the court finds that a settlement conference would be of
limited value based on the result of a prior loss mitigation effort
between the creditor and the debtor:
(1) a settlement conference is not required under this chapter;
and
(2) the conditions set forth in subsection (a) do not apply, and
the foreclosure action may proceed as otherwise allowed by
law.
Sec. 10. (a) Unless a settlement conference is not required under
this chapter, the court shall issue a notice of a settlement
conference if the debtor contacts the court to schedule a settlement
conference as described in section 8(c) of this chapter. The court's
notice of a settlement conference must do the following:
(1) Order the creditor and the debtor to conduct a settlement
conference on or before a date and time specified in the
notice, which date must not be earlier than twenty-five (25)
days after the date of the notice or later than sixty (60) days
after the date of the notice, for the purpose of attempting to
negotiate a foreclosure prevention agreement.
(2) Encourage the debtor to contact a mortgage foreclosure
counselor before the date of the settlement conference. The
notice must provide the contact information for the Indiana
Foreclosure Prevention Network.
(3) Require the debtor to bring to the settlement conference
the following documents needed to engage in good faith
negotiations with the creditor:
(A) Documentation of the debtor's present and projected
future income, expenses, assets, and liabilities, including
documentation of the debtor's employment history.
(B) Any other documentation or information that the court
determines is needed for the debtor to engage in good faith
negotiations with the creditor. The court shall identify any
documents required under this clause with enough
specificity to allow the debtor to obtain the documents
before the scheduled settlement conference.
(4) Require the creditor to bring to the settlement conference
the following transaction history for the mortgage:
(A) A copy of the original note and mortgage.
(B) A payment record substantiating the default.
(C) An itemization of all amounts claimed by the creditor
as being owed on the mortgage.
(D) Any other documentation that the court determines is
needed.
(5) Inform the parties that:
(A) each party has the right to be represented by an
attorney or assisted by a mortgage foreclosure counselor
at the settlement conference; and
(B) an attorney or a mortgage foreclosure counselor may
participate in the settlement conference in person or by
telephone.
(6) Inform the parties that the settlement conference will be
conducted at the county courthouse, or at another place
designated by the court, on the date and time specified in the
notice under subdivision (1) unless the parties submit to the
court a stipulation to:
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 5-2-6-23(h) 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) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
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 the circuit court shall distribute semiannually
to the auditor of state for deposit in the home ownership education
account established by IC 5-20-1-27 one hundred percent (100%)
of the mortgage foreclosure counseling and education fees collected
under IC 33-37-5-30 (before its expiration on January 1, 2013).
____________________________ ____________________________
Senator BrayRepresentative Bardon
Chairperson
____________________________ ____________________________
Senator TallianRepresentative Koch
Senate Conferees House Conferees