February 20, 2004
ENGROSSED
HOUSE BILL No. 1436
_____
DIGEST OF HB 1436
(Updated February 19, 2004 10:50 am - DI 106)
Citations Affected: IC 4-13; IC 4-33; IC 33-11.6; IC 33-19; noncode.
Synopsis: Women and minority businesses. Provides that standards
developed and a certification made under the minority business
enterprise law apply to standards and certifications for minority
business enterprises and women's business enterprises under any other
Indiana law. Makes changes in definitions in the minority business
enterprise law. Makes conforming changes in the riverboat gambling
law. Specifies that riverboat owners must annually file information
regarding contracts with minority and women's businesses and
specifies that this information is not confidential under the public
records laws. Provides that personal financial information or
confidential business information need not be disclosed. Requires each
state agency, separate body corporate and politic, and state educational
institution to analyze of the use of minority businesses, small
businesses and women owned business enterprises in the contracting
done by the agency, separate body, or educational institution.
Effective: July 1, 2004; July 1, 2005.
Crawford
(SENATE SPONSORS _ DILLON, BREAUX, SIMPSON)
January 20, 2004, read first time and referred to Committee on Appointments and Claims.
January 29, 2004, amended, reported _ Do Pass.
February 4, 2004, read second time, amended, ordered engrossed.
February 5, 2004, engrossed. Read third time, recommitted to Committee of One,
amended; passed. Yeas 72, nays 23.
February 6, 2004, re-engrossed.
SENATE ACTION
February 12, 2004, read first time and referred to Committee on Judiciary.
February 19, 2004, amended, reported favorably _ Do Pass.
February 20, 2004
Second Regular Session 113th General Assembly (2004)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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this style type reconciles conflicts
between statutes enacted by the 2003 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1436
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-13-16.5-1; (04)EH1436.1.1. -->
SECTION 1. IC 4-13-16.5-1, AS AMENDED BY P.L.195-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. As used in this chapter:
"Commission" refers to the governor's commission on minority and
women's business enterprises established under section 2 of this
chapter.
"Commissioner" refers to the deputy commissioner for minority and
women's business enterprises of the department.
"Contract" means any contract awarded by a state agency for
construction projects or the procurement of goods or services,
including professional services.
"Department" refers to the Indiana department of administration
established by IC 4-13-1-2.
"Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a minority group.
"Owned and controlled" means having:
(1) ownership of at least fifty-one percent (51%) of the enterprise,
including corporate stock of a corporation;
(2) control over the management and active in the day-to-day
operations of the business; and
(3) an interest in the capital, assets, and profits and losses of the
business proportionate to the percentage of ownership.
"Minority group" means:
(1) Blacks;
(2) American Indians;
(3) Hispanics;
(4) Asian Americans; and
(5) other similar minority groups, as defined by 13 CFR 124.103.
"Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and
politic.
"State agency" refers to any of the following:
(1) An authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive,
including the administrative, department of state government.
(2) An entity established by the general assembly as a body
corporate and politic.
(3) A "State educational institution" has the meaning set forth in
IC 20-12-0.5-1.
The term does not include the state lottery commission or the Indiana
gaming commission with respect to setting and enforcing goals for
awarding contracts to minority and women's business enterprises.
SOURCE: IC 4-13-16.5-2; (04)EH1436.1.2. -->
SECTION 2. IC 4-13-16.5-2, AS AMENDED BY P.L.41-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) There is established a governor's
commission on minority and women's business enterprises. The
commission shall consist of the following members:
(1) A governor's designee, who shall serve as chairman of the
commission.
(2) The commissioner of the Indiana department of transportation.
(3) The director of the department of commerce.
(4) The commissioner of the department.
(5) Nine (9) individuals with demonstrated capabilities in
business and industry, especially minority and women's business
enterprises, appointed by the governor from the following
geographical areas of the state:
(A) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
(C) Three (3) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more
than one (1) from the same political party, appointed by the
speaker of the house of representatives to serve in a nonvoting
advisory capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of
the senate to serve in a nonvoting advisory capacity.
Not more than six (6) of the ten (10) members appointed or designated
by the governor may be of the same political party. Appointed members
of the commission shall serve four (4) year terms. A vacancy occurs if
a legislative member leaves office for any reason. Any vacancy on the
commission shall be filled in the same manner as the original
appointment.
(b) Each member of the commission who is not a state employee is
entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties as
provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each legislative member of the commission is entitled to receive
the same per diem, mileage, and travel allowances established by the
legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(d) A member of the commission who is a state employee but who
is not a member of the general assembly is not entitled to any of the
following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
(e) The commission shall meet at least four (4) times each year and
at other times as the chairman deems necessary.
(f) The duties of the commission shall include but not be limited to
the following:
(1) Identify minority and women's business enterprises in the
state.
(2) Assess the needs of minority and women's business
enterprises.
(3) Initiate aggressive programs to assist minority and women's
business enterprises in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority and women's business enterprises on
solicitation mailing lists.
(6) Define the duties, goals, and objectives of the deputy
commissioner of the department as created under this chapter to
assure compliance by all state agencies, separate bodies
corporate and politic, and state educational institutions with
state and federal legislation and policy concerning the awarding
of contracts to minority and women's business enterprises.
(7) Establish annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts that are required to be updated every five (5)
years.
(8) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and
the legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(g) The department shall adopt rules of ethics under IC 4-22-2 for
commission members other than commission members appointed
under subsection (a)(6) or (a)(7).
(h) The department shall furnish administrative support and staff as
is necessary for the effective operation of the commission.
SOURCE: IC 4-13-16.5-3; (04)EH1436.1.3. -->
SECTION 3. IC 4-13-16.5-3, AS AMENDED BY P.L.195-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) There is created in the department a deputy
commissioner for minority and women's business enterprise
development. Upon consultation with the commission, the
commissioner of the department, with the approval of the governor,
shall appoint an individual who possesses demonstrated capability in
business or industry, especially in minority or women's business
enterprises, to serve as deputy commissioner to work with the
commission in the implementation of this chapter.
(b) The deputy commissioner shall do the following:
(1) Identify and certify minority and women's business enterprises
for state projects.
(2) Establish a central certification file.
(3) Periodically update the certification status of each minority or
women's business enterprise.
(4) Monitor the progress in achieving the goals established under
section 2(f)(7) of this chapter.
(5) Require all state agencies, separate bodies corporate and
politic, and state educational institutions to report on planned
and actual participation of minority and women's business
enterprises in contracts awarded by state agencies. The
commissioner may exclude from the reports uncertified minority
and women's business enterprises.
(6) Determine and define opportunities for minority and women's
business participation in contracts awarded by all state agencies,
separate bodies corporate and politic, and state educational
institutions.
(7) Implement programs initiated by the commission under
section 2 of this chapter.
(8) Perform other duties as defined by the commission or by the
commissioner of the department.
SOURCE: IC 4-13-16.5-6; (04)EH1436.1.4. -->
SECTION 4. IC 4-13-16.5-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 6. (a) Notwithstanding any other law, the standards
developed under this chapter apply to the determination and
certification of a business as a minority business enterprise or a
women's business enterprise under any Indiana law.
(b) Notwithstanding any other law, a certification of a business
as a minority business enterprise or a women's business enterprise
under this chapter satisfies any Indiana law providing for or
requiring the certification of a business as a minority business
enterprise or a women's business enterprise.
SOURCE: IC 4-13-16.5-7; (04)EH1436.1.5. -->
SECTION 5. IC 4-13-16.5-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 7. For purposes of IC 5-14-3, materials containing:
(1) personal financial information; or
(2) confidential business information;
submitted by an applicant for certification as a minority business
enterprise or a women's business enterprise are confidential.
SOURCE: IC 4-33-14-5; (04)EH1436.1.6. -->
SECTION 6. IC 4-33-14-5, AS AMENDED BY P.L.92-2003,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) As used in this section, "goods and services"
does not include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of an
operating agent or the person holding an owner's license, other
than fees and payments for goods and services supplied by
nonaffiliated persons through an affiliated company for the use or
benefit of the operating agent or the person holding the owner's
license.
(5) Rents paid for real property or payments constituting the price
of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the commission
shall establish annual goals for an operating agent or a person issued
an owner's license:
(1) for the use of minority and women's business enterprises; and
(2) derived from a statistical analysis of utilization study of
licensee and operating agent contracts for goods and services that
are required to be updated every five (5) years.
(c) An operating agent or a person holding an owner's license shall
submit annually to the commission a report that includes the following
information:
(1) The total dollar value of contracts awarded for goods or
services and the percentage awarded to minority and women's
business enterprises.
(2) The following information relating to each minority
business enterprise or women's business enterprise awarded
a contract for goods or services:
(A) The name.
(B) The address.
(C) The total dollar amount of the contract.
A record containing information described in this subsection is not
exempt from the disclosure requirements of IC 5-14-3-3 under
IC 5-14-3-4.
(c) (d) An operating agent or a person holding an owner's license
shall make a good faith effort to meet the requirements of this section
and shall annually demonstrate to the commission that an effort was
made to meet the requirements.
(d) (e) An operating agent or a person holding an owner's license
may fulfill not more than seventy percent (70%) of an obligation under
this chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the licensee
or operating agent shall provide the commission with proof of the
amount of the set aside.
SOURCE: IC 4-33-14-7; (04)EH1436.1.7. -->
SECTION 7. IC 4-33-14-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. The commission
shall establish and administer a unified certification procedure use the
certifications made under IC 4-13-16.5 for minority and women's
business enterprises that do business with riverboat operations on
contracts for goods and services or contracts for business.
SOURCE: IC 4-33-14-8; (04)EH1436.1.8. -->
SECTION 8. IC 4-33-14-8, AS AMENDED BY P.L.92-2003,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 8. The commission shall supply persons holding
owner's licenses and the operating agent with a list of the certified
minority and women's business enterprises. the commission has
certified under section 7 of this chapter. The commission shall review
the list annually to determine the minority and women's business
enterprises that should continue to be certified. The commission shall
establish a procedure for challenging the designation of a certified
minority and women's business enterprise. The procedure must include
proper notice and a hearing for all parties concerned.
SOURCE: IC 33-11.6-4-15; (04)EH1436.1.9. -->
SECTION 9. IC 33-11.6-4-15, AS AMENDED BY P.L.141-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 15. (a) The costs consist of
the following:
(1) A township docket fee equal to five dollars ($5) plus forty-five
percent (45%) of the infraction or ordinance violation costs fee
under IC 33-19-5-2.
(2) Bailiff's service of process by registered or certified mail fee
of thirteen dollars ($13) for each service.
(3) The cost for the personal service of process by the bailiff or
other process server in the amount of thirteen dollars ($13) for
each service.
(4) Witness fees, if any, in the amount provided by IC 33-19-1-6
to be taxed and charged in the circuit court of the county.
(5) A redocketing fee, if any, of five dollars ($5).
(6) A document storage fee under IC 33-19-6-18.1.
(7) An automated record keeping fee under IC 33-19-6-19.
and
(8) A late fee, if any, under IC 33-19-6-20.
(9) A judicial administration fee under IC 33-19-6-19.2.
The docket fee and the cost for the initial service of process shall be
paid upon the institution of each case. The cost of service rendered
subsequent to the initial service shall be assessed and paid after such
service has been made, and the cost of witness fees shall be paid before
the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
SOURCE: IC 33-19-5-1; (04)EH1436.1.10. -->
SECTION 10. IC 33-19-5-1, AS AMENDED BY P.L.1-2002,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 1. (a) For each action that results in
a felony conviction under IC 35-50-2 or a misdemeanor conviction
under IC 35-50-3, the clerk shall collect from the defendant a criminal
costs fee of one hundred twenty dollars ($120).
(b) In addition to the criminal costs fee collected under this section,
the clerk shall collect from the defendant the following fees if they are
required under IC 33-19-6:
(1) A document fee.
(2) A marijuana eradication program fee.
(3) An alcohol and drug services program user fee.
(4) A law enforcement continuing education program fee.
(5) A drug abuse, prosecution, interdiction, and correction fee.
(6) An alcohol and drug countermeasures fee.
(7) A child abuse prevention fee.
(8) A domestic violence prevention and treatment fee.
(9) A highway work zone fee.
(10) A deferred prosecution fee (IC 33-19-6-16.2).
(11) A document storage fee (IC 33-19-6-18.1).
(12) An automated record keeping fee (IC 33-19-6-19).
(13) A late payment fee (IC 33-19-6-20).
(14) A sexual assault victims assistance fee (IC 33-19-6-21).
(15) A judicial administration fee (IC 33-19-6-19.2).
(c) Instead of the criminal costs fee prescribed by this section, the
clerk shall collect a pretrial diversion program fee if an agreement
between the prosecuting attorney and the accused person entered into
under IC 33-14-1-7 requires payment of those fees by the accused
person. The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month that
the person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or town
fiscal officer the following fees, within thirty (30) days after they are
collected, for deposit by the auditor or fiscal officer in the appropriate
user fee fund established under IC 33-19-8:
(1) The pretrial diversion fee.
(2) The marijuana eradication program fee.
(3) The alcohol and drug services program user fee.
(4) The law enforcement continuing education program fee.
(e) Unless otherwise directed by a court, if a clerk collects only part
of a criminal costs fee from a defendant under this section, the clerk
shall distribute the partial payment of the criminal costs fee as follows:
(1) First, the clerk shall apply the partial payment to general court
costs.
(2) Second, if there is money remaining after the partial payment
is applied to general court costs under subdivision (1), the clerk
shall distribute the partial payment for deposit in the appropriate
county user fee fund.
(3) Third, if there is money remaining after distribution under
subdivision (2), the clerk shall distribute the partial payment for
deposit in the state user fee fund.
(4) Fourth, if there is money remaining after distribution under
subdivision (3), the clerk shall distribute the partial payment to
any other applicable user fee fund.
(5) Fifth, if there is money remaining after distribution under
subdivision (4), the clerk shall apply the partial payment to any
outstanding fines owed by the defendant.
SOURCE: IC 33-19-5-2; (04)EH1436.1.11. -->
SECTION 11. IC 33-19-5-2, AS AMENDED BY P.L.1-2002,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: 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 33-19-6:
(1) A document fee (IC 33-19-6-1, IC 33-19-6-2, IC 33-19-6-3).
(2) An alcohol and drug services program user fee
(IC 33-19-6-7(b)).
(3) A law enforcement continuing education program fee
(IC 33-19-6-7(c)).
(4) An alcohol and drug countermeasures fee (IC 33-19-6-10).
(5) A highway work zone fee (IC 33-19-6-14).
(6) A deferred prosecution fee (IC 33-19-6-16.2).
(7) A jury fee (IC 33-19-6-17).
(8) A document storage fee (IC 33-19-6-18.1).
(9) An automated record keeping fee (IC 33-19-6-19).
(10) A late payment fee (IC 33-19-6-20).
(11) A judicial administration fee (IC 33-19-6-19.2).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, within thirty (30) days
after they are collected, for deposit by the auditor or fiscal officer in the
user fee fund established under IC 33-19-8:
(1) The alcohol and drug services program user fee.
(2) The law enforcement continuing education program fee.
(3) The deferral program fee.
(d) The defendant is not liable for any ordinance violation costs fee
in an action in which:
(1) the defendant was charged with an ordinance violation subject
to IC 33-6-3;
(2) the defendant denied the violation under IC 33-6-3-2;
(3) proceedings in court against the defendant were initiated
under IC 34-28-5 (or IC 34-4-32 before its repeal); and
(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.
SOURCE: IC 33-19-5-3; (04)EH1436.1.12. -->
SECTION 12. IC 33-19-5-3, AS AMENDED BY P.L.1-2002,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 3. (a) For each action filed under:
(1) IC 31-34 or IC 31-37 (delinquent children and children in
need of services); or
(2) IC 31-14 (paternity);
the clerk shall collect a juvenile costs fee of one hundred twenty dollars
($120).
(b) In addition to the juvenile costs fee collected under this section,
the clerk shall collect the following fees if they are required under
IC 33-19-6:
(1) A document fee.
(2) A marijuana eradication program fee.
(3) An alcohol and drug services program user fee.
(4) A law enforcement continuing education program fee.
(5) An alcohol and drug countermeasures fee.
(6) A document storage fee (IC 33-19-6-18.1).
(7) An automated record keeping fee (IC 33-19-6-19).
(8) A late payment fee (IC 33-19-6-20).
(9) A judicial administration fee (IC 33-19-6-19.2).
(c) The clerk shall transfer to the county auditor or city or town
fiscal officer the following fees, within thirty (30) days after they are
collected, for deposit by the auditor or fiscal officer in the appropriate
user fee fund established under IC 33-19-8:
(1) The marijuana eradication program fee.
(2) The alcohol and drug services program user fee.
(3) The law enforcement continuing education program fee.
SOURCE: IC 33-19-5-4; (04)EH1436.1.13. -->
SECTION 13. IC 33-19-5-4, AS AMENDED BY P.L.1-2002,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 4. (a) For each civil action except:
(1) proceedings to enforce a statute defining an infraction under
IC 34-28-5-4 (or IC 34-4-32-4 before its repeal);
(2) proceedings to enforce an ordinance under IC 34-28-5-4 (or
IC 34-4-32-4 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 33-11.6; and
(6) proceedings in actions under section 6 of this chapter;
the clerk shall collect from the party filing the action a civil costs fee
of one hundred dollars ($100).
(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 33-19-6:
(1) A document fee.
(2) A support and maintenance fee.
(3) A document storage fee (IC 33-19-6-18.1).
(4) An automated record keeping fee (IC 33-19-6-19).
(5) A judicial administration fee (IC 33-19-6-19.2).
SOURCE: IC 33-19-5-5; (04)EH1436.1.14. -->
SECTION 14. IC 33-19-5-5, AS AMENDED BY P.L.167-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 5. (a) For each small claims action the clerk shall
collect from the party filing the action a:
(1) small claims costs fee of thirty-five dollars ($35); and
(2) small claims service fee of five dollars ($5) for each defendant
named or added in the small claims action.
However, a clerk may not collect a small claims costs fee or small
claims 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 collected under this section, the clerk shall collect the following
fees if they are required under IC 33-19-6:
(1) A document fee.
(2) A document storage fee (IC 33-19-6-18.1).
(3) An automated record keeping fee (IC 33-19-6-19).
(4) A judicial administration fee (IC 33-19-6-19.2).
SOURCE: IC 33-19-5-6; (04)EH1436.1.15. -->
SECTION 15. IC 33-19-5-6, AS AMENDED BY P.L.1-2002,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 6. (a) Except as provided under
subsection (c), for each action filed under:
(1) IC 6-4.1-5 (determination of inheritance tax);
(2) IC 29 (probate); and
(3) IC 30 (trusts and fiduciaries);
the clerk shall collect from the party filing the action a probate costs fee
of one hundred twenty dollars ($120).
(b) In addition to the probate costs fee collected under this section,
the clerk shall collect from the party filing the action the following fees
if they are required under IC 33-19-6:
(1) A document fee.
(2) A document storage fee (IC 33-19-6-18.1).
(3) An automated record keeping fee (IC 33-19-6-19).
(4) A judicial administration fee (IC 33-19-6-19.2).
(c) A clerk may not collect a court costs fee for the filing of the
following exempted actions:
(1) Petition to open a safety deposit box.
(2) Filing an inheritance tax return, unless proceedings other than
the court's approval of the return become necessary.
(3) Offering a will for probate under IC 29-1-7, unless
proceedings other than admitting the will to probate become
necessary.
SOURCE: IC 33-19-6-19.2; (04)EH1436.1.16. -->
SECTION 16. IC 33-19-6-19.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 19.2. (a) This subsection does not
apply to the following:
(1) A criminal proceeding.
(2) A proceeding for an infraction violation.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-19-1-1, the clerk
shall collect a judicial administration fee of, in the period beginning
July 1, 2004, and ending June 30, 2005, one dollar ($1) and after
June 30, 2005, two dollars ($2).
(b) 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 violated an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a judicial administration fee of, in the period
beginning July 1, 2004, and ending June 30, 2005, one dollar ($1)
and after June 30, 2005, two dollars ($2).
SOURCE: IC 33-19-7-1; (04)EH1436.1.17. -->
SECTION 17. IC 33-19-7-1, AS AMENDED BY P.L.167-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 1. (a) The clerk of a circuit court shall
semiannually distribute 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 33-19-5-1(a) (criminal costs fees).
(2) IC 33-19-5-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-19-5-3(a) (juvenile costs fees).
(4) IC 33-19-5-4(a) (civil costs fees).
(5) IC 33-19-5-5(a)(1) (small claims costs fees).
(6) IC 33-19-5-6(a) (probate costs fees).
(7) IC 33-19-6-16.2 (deferred prosecution fees).
(b) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the state user fee fund established under
IC 33-19-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-19-5-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-19-5-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-19-5-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-19-5-1(b)(9) and IC 33-19-5-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-19-6-16.3.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-19-6-19).
(c) The clerk of a circuit court shall monthly distribute to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-19-5-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(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 monthly distribute to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-19-5-1(b)(8). 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 monthly distribute to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-19-6-20. 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 33-19-6-1.5 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance under
subdivision (1), the county auditor shall deposit all the fees in the
county general fund.
(f) The clerk of the circuit court shall semiannually distribute to the
auditor of state for deposit in the sexual assault victims assistance fund
established under IC 16-19-13-6 one hundred percent (100%) of the
sexual assault victims assistance fees collected under IC 33-19-6-21.
(g) The clerk of a circuit court shall monthly distribute 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 33-19-6-5.
(2) The percentage share of the support and maintenance fees for
cases designated as IV-D child support cases in ISETS collected
under IC 33-19-6-5 that is reimbursable to the county at the
federal financial participation rate.
The county clerk shall monthly distribute 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 33-19-6-5 that is not reimbursable to the
county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall monthly distribute to the county
auditor one hundred percent (100%) of the small claims service fee
under IC 33-19-5-5(a)(2) 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 judicial administration fee collected
under IC 33-19-6-19.2.
SOURCE: IC 33-19-7-4; (04)EH1436.1.18. -->
SECTION 18. IC 33-19-7-4, AS AMENDED BY P.L.167-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 4. (a) The clerk of a city or town court shall
semiannually distribute 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 33-19-5-1(a) (criminal costs fees).
(2) IC 33-19-5-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-19-5-4(a) (civil costs fees).
(4) IC 33-19-5-5(a)(1) (small claims costs fees).
(5) IC 33-19-6-16.2 (deferred prosecution fees).
(b) Once each month the city or town fiscal officer shall distribute
to the county auditor as the county share twenty percent (20%) of the
amount of fees collected under the following:
(1) IC 33-19-5-1(a) (criminal costs fees).
(2) IC 33-19-5-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-19-5-4(a) (civil costs fees).
(4) IC 33-19-5-5(a)(1) (small claims costs fees).
(5) IC 33-19-6-16.2 (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 33-19-5-1(a) (criminal costs fees).
(2) IC 33-19-5-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-19-5-4(a) (civil costs fees).
(4) IC 33-19-5-5(a)(1) (small claims costs fees).
(5) IC 33-19-6-16.2 (deferred prosecution fees).
(d) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the state user fee fund established
under IC 33-19-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-19-5-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees
collected under IC 33-19-5-1(b)(9) and IC 33-19-5-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee collected
under IC 33-19-6-16.3.
(5) One hundred percent (100%) of the automated record keeping
fee (IC 33-19-6-19).
(e) The clerk of a city or town court shall monthly distribute to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-19-5-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(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 late payment fees collected under IC 33-19-6-20.
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 judicial administration fee
collected under IC 33-19-6-19.2.
SOURCE: ; (04)EH1436.1.19. -->
SECTION 19. [EFFECTIVE JULY 1, 2004] (a) In addition to a
small claims costs fee and small claims service fee collected under
IC 33-19-5-5, as in effect on July 1, 2004, the circuit court clerk
shall collect a judicial administration fee under IC 33-19-6-19.2, as
added by this act, if the judicial administration fee is required to be
collected under IC 33-19-6.
(b) This SECTION expires July 1, 2005.
SOURCE: ; (04)EH1436.1.20. -->
SECTION 20. [EFFECTIVE JULY 1, 2004] (a) A circuit court
clerk shall semiannually distribute to the auditor of state for
deposit in the state general fund one hundred percent (100%) of
the judicial administration fee collected under IC 33-19-6-19.2.
(b) 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 judicial administration fee
collected under IC 33-19-6-19.2.
(c) This SECTION expires July 1, 2005.
SOURCE: ; (04)EH1436.1.21. -->
SECTION 21. [EFFECTIVE JULY 1, 2004]
(a) The definitions in
IC 4-13-16.5, as amended by this act, apply throughout this
SECTION.
(b) As used in this SECTION, "reporting period" refers to the
period:
(1) beginning January 1, 1999; and
(2) ending December 31, 2003.
(c) As used in this SECTION, "small business enterprise" has
the meaning set forth in 25 IAC 1.5-1-9.
(d) As used in this SECTION, "special business enterprise"
refers to any of the following:
(1) A minority business enterprise.
(2) A small business enterprise.
(3) A women's business enterprise.
(e) Each state agency, separate body corporate and politic, and
state educational institution shall analyze the use of special
business enterprises in the agency's, body's, or institution's
purchasing, construction, and contracting practices.
(f) The analysis required by subsection (e) must include the
following information, specified for each special business
enterprise type described in subsection (d), for each calendar year
in the reporting period, and for a state educational institution,
for
each campus of the state educational institution:
(1) Number of contracts awarded.
(2) Total dollar amount of contracts awarded.
(3) A classification of different contract types awarded by the
agency, body, or institution and the number of contracts
awarded in each classification.
(4) A description of efforts made by the agency, body, or
institution to encourage each business enterprise type to do
business with the agency, body, or institution during the
reporting period.
(g) The analysis required by subsection (f) must include the
same information required for the reporting period by subsection
(f) for businesses that are not special business enterprises.
(h) Each agency, body, and institution shall file a written report
in electronic format under IC 5-14-6 of the results of the analysis
required by this SECTION with the legislative council not later
than November 1, 2004.
(i) This SECTION expires January 1, 2006.