Indiana 2024 Regular Session

Indiana Senate Bill SB0239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 239
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 33-34-8-3.
7	7	Synopsis: Marion County small claims courts. Increases the amount
8	8	to be distributed to a township trustee from certain fees that are
9	9	collected in a Marion County small claims case. Makes conforming
10	10	changes.
11	11	Effective: July 1, 2024.
12	12	Freeman
13	13	January 10, 2024, read first time and referred to Committee on Tax and Fiscal Policy.
14	14	2024 IN 239—LS 6447/DI 149 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	SENATE BILL No. 239
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	courts and court officers.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 33-34-8-3, AS AMENDED BY THE TECHNICAL
30	30	2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
31	31	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
32	32	4 Sec. 3. (a) Payment for all costs made as a result of proceedings in a
33	33	5 small claims court shall be to the _______ Township of Marion County
34	34	6 Small Claims Court (with the name of the township inserted). The court
35	35	7 shall issue a receipt for all money received on a form numbered serially
36	36	8 in duplicate.
37	37	9 (b) This subsection applies only to a low caseload court (as defined
38	38	10 in section 5 of this chapter). All township docket fees and late fees
39	39	11 received by the court shall be paid to the township trustee at the close
40	40	12 of each month.
41	41	13 (c) This subsection does not apply to a low caseload court. This
42	42	14 subsection applies to all other township small claims courts in Marion
43	43	15 County. One dollar and fifty cents ($1.50) of the township docket fee
44	44	16 shall be paid to the township trustee of each low caseload court at the
45	45	17 end of each month. The remaining township docket fees and late fees
46	46	2024 IN 239—LS 6447/DI 149 2
47	47	1 received by the court shall be paid to the township trustee at the close
48	48	2 of each month.
49	49	3 (d) The court shall:
50	50	4 (1) semiannually distribute to the auditor of state comptroller:
51	51	5 (A) all automated record keeping fees (IC 33-37-5-21)
52	52	6 received by the court for deposit in the homeowner protection
53	53	7 unit account established by IC 4-6-12-9 and the state user fee
54	54	8 fund established under IC 33-37-9;
55	55	9 (B) all public defense administration fees collected by the
56	56	10 court under IC 33-37-5-21.2 for deposit in the state general
57	57	11 fund;
58	58	12 (C) sixty fifty percent (60%) (50%) of all court administration
59	59	13 fees collected by the court under IC 33-37-5-27 for deposit in
60	60	14 the state general fund;
61	61	15 (D) all judicial insurance adjustment fees collected by the
62	62	16 court under IC 33-37-5-25 for deposit in the state general fund;
63	63	17 (E) seventy-five fifty percent (75%) (50%) of all judicial
64	64	18 salaries fees collected by the court under IC 33-37-5-26 for
65	65	19 deposit in the state general fund; and
66	66	20 (F) one hundred percent (100%) of the pro bono legal services
67	67	21 fees collected before July 1, 2025, by the court under
68	68	22 IC 33-37-5-31 for deposit in the pro bono legal services fund
69	69	23 established by IC 33-37-5-34; and
70	70	24 (2) distribute monthly to the county auditor all fifty percent
71	71	25 (50%) of the document storage fees received by the court. The
72	72	26 remaining fifty percent (50%) of the document storage fees
73	73	27 shall be deposited monthly in the township general fund of the
74	74	28 township in which the court is located.
75	75	29 The remaining twenty-five fifty percent (25%) (50%) of the judicial
76	76	30 salaries fees described in subdivision (1)(E) shall be deposited monthly
77	77	31 in the township general fund of the township in which the court is
78	78	32 located. The county auditor shall deposit fees distributed under
79	79	33 subdivision (2) into the clerk's record perpetuation fund under
80	80	34 IC 33-37-5-2.
81	81	35 (e) The court semiannually shall pay to the township trustee of the
82	82	36 township in which the court is located the remaining forty fifty percent
83	83	37 (40%) (50%) of the court administration fees described under
84	84	38 subsection (d)(1)(C) to fund the operations of the small claims court in
85	85	39 the trustee's township.
86	86	2024 IN 239—LS 6447/DI 149