LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6447 NOTE PREPARED: Jan 5, 2023
BILL NUMBER: SB 239 BILL AMENDED:
SUBJECT: Marion County Small Claims Courts.
FIRST AUTHOR: Sen. Freeman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill increases the amount to be distributed to a township trustee from certain
fees that are collected in a Marion County small claims case. It also makes conforming changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: Summary - The bill will decrease state revenue by $4.25 for each case filed
in Marion County township courts. As a result, revenue to the state General Fund will decrease by
approximately $95,515 to $207,736 annually.
This estimate is based on a five-year average of new civil filings in the township courts. If more cases are
filed in Marion County township courts, instead of circuit or superior courts, the bill will reduce state
General Fund revenue from the judicial salaries fee and the court administration fee. The judicial salaries
fee is $15 and the court administration fee is $5.
Explanation of Local Expenditures:
Explanation of Local Revenues: Marion County Township Courts: The bill will increase revenue to the
Marion County township general fund by $6.75 for each case filed in township courts. OFMA estimates the
bill will increase revenue to the township general fund by approximately $151,700 to $329,934 annually. The
actual revenue increase will vary by locality and new filings.
SB 239 1 Document Storage Fee: For each case filed in Marion County Township Courts, Marion County would lose
$2.50 from the document storage fee. The estimated revenue loss to the county Clerkâs Record Perpetuation
Fund is between $56,185 and $122,198 annually.
The bill provides that 50% of the document storage fees shall be deposited in the township general fund of
the township in which the court is located. Currently, all the document storage fees collected by the Marion
Township Court are deposited with the county auditor. [The document storage fee is collected in all civil,
criminal, juvenile, probate, infraction, ordinance violation, and small claims actions, including small claims
actions in Marion County Township Court.] The document storage fee is $5.
Additional Information - In 2022, Marion County township courts generated a total of $2.95 M, including
$1.31 M in state funds, $159,798 in county funds, and $1.47 M in local funds. The local funds would go to
the township general fund. Additionally, in 2022, Marion County small claims courts received $890,418 for
service of process by personal service.
State Agencies Affected: Office of Judicial Administration.
Local Agencies Affected: Marion County Township Courts.
Information Sources: Indiana Supreme Court, Trial Court Statistics by County,
https://www.in.gov/courts/publications/reports/; Indiana Judical Service and Probation Reports,
https://www.in.gov/courts/iocs/statistics/trial-probation/;
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 239 2