CHAPTER 7. DISTRIBUTION OF COURT FEES
IC 33-37-7
Chapter 7. Distribution of Court Fees
IC 33-37-7-1
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-2
Circuit court clerk's distribution of fees
Sec. 2. (a) The clerk of a circuit court shall distributesemiannually to the auditor of state as the state share for deposit inthe homeowner protection unit account established by IC 4-6-12-9one hundred percent (100%) of the automated record keeping feescollected under IC 33-37-5-21 with respect to actions resulting in theaccused person entering into a pretrial diversion program agreementunder IC 33-39-1-8 or a deferral program agreement underIC 34-28-5-1 and 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 costsfees).
(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 theauditor of state for deposit in the state user fee fund established inIC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,interdiction, and correction fees collected underIC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drugcountermeasures 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 feescollected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violenceprevention and treatment fees collected underIC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone feescollected 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 feecollected under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated recordkeeping fee (IC 33-37-5-21) not distributed under subsection(a).
(c) The clerk of a circuit court shall distribute monthly to thecounty auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected underIC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drugcountermeasures 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 thissubsection into the county drug free community fund establishedunder IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to thecounty auditor fifty percent (50%) of the child abuse prevention feescollected under IC 33-37-4-1(b)(7). The county auditor shall depositfees distributed by a clerk under this subsection into the county childadvocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to thecounty auditor one hundred percent (100%) of the late payment feescollected under IC 33-37-5-22. The county auditor shall deposit feesdistributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the countyfiscal body, the county auditor shall deposit forty percent (40%)of the fees in the clerk's record perpetuation fund establishedunder IC 33-37-5-2 and sixty percent (60%) of the fees in thecounty general fund.
(2) If the county fiscal body has not adopted an ordinancedescribed in subdivision (1), the county auditor shall deposit allthe fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually tothe auditor of state for deposit in the sexual assault victims assistanceaccount established by IC 5-2-6-23(h) one hundred percent (100%)of the sexual assault victims assistance fees collected underIC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to thecounty auditor the following:
(1) One hundred percent (100%) of the support andmaintenance fees for cases designated as non-Title IV-D childsupport cases in the Indiana support enforcement trackingsystem (ISETS) collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance feesfor cases designated as IV-D child support cases in ISETScollected under IC 33-37-5-6 that is reimbursable to the countyat the federal financial participation rate.
The county clerk shall distribute monthly to the office of thesecretary of family and social services the percentage share of thesupport and maintenance fees for cases designated as Title IV-Dchild support cases in ISETS collected under IC 33-37-5-6 that is notreimbursable to the county at the applicable federal financialparticipation rate.
(h) The clerk of a circuit court shall distribute monthly to thecounty auditor the following:
(1) One hundred percent (100%) of the small claims service feeunder 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 garnisheeservice 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 feescollected in small claims actions filed in a court described inIC 33-34. The clerk of a circuit court shall semiannually distribute tothe auditor of state for deposit in the state general fund one hundredpercent (100%) of the following:
(1) The public defense administration fee collected underIC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected underIC 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 theauditor of state for deposit in the judicial branch insuranceadjustment account established by IC 33-38-5-8.2 one hundredpercent (100%) of the judicial insurance adjustment fee collectedunder IC 33-37-5-25.
(k) The proceeds of the service fee collected underIC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed asfollows:
(1) The clerk shall distribute one hundred percent (100%) of theservice fees collected in a circuit, superior, county, or probatecourt to the county auditor for deposit in the county generalfund.
(2) The clerk shall distribute one hundred percent (100%) of theservice fees collected in a city or town court to the city or townfiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected underIC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed asfollows:
(1) The clerk shall distribute one hundred percent (100%) of thegarnishee service fees collected in a circuit, superior, county, orprobate court to the county auditor for deposit in the countygeneral fund.
(2) The clerk shall distribute one hundred percent (100%) of thegarnishee service fees collected in a city or town court to thecity or town fiscal officer for deposit in the city or town generalfund.
(m) The clerk of the circuit court shall distribute semiannually tothe auditor of state for deposit in the home ownership educationaccount established by IC 5-20-1-27 one hundred percent (100%) ofthe mortgage foreclosure counseling and education fees collectedunder IC 33-37-5-30 (before its expiration on January 1, 2013).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.25; P.L.95-2004, SEC.13; P.L.2-2005, SEC.108; P.L.176-2005,SEC.16; P.L.126-2006, SEC.3; P.L.174-2006, SEC.16;P.L.104-2008, SEC.5; P.L.122-2008, SEC.4; P.L.105-2009, SEC.24;
P.L.182-2009(ss), SEC.395.
IC 33-37-7-3
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-4
Fees collected by clerk of circuit court; county share
Sec. 4. (a) The clerk of a circuit court shall forward the countyshare of fees collected to the county auditor in accordance withIC 33-37-7-12(a). The auditor shall retain as the county sharetwenty-seven percent (27%) of the amount of fees collected underthe following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costsfees).
(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) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) This section applies after June 30, 2005.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-5
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-6
Fees collected by clerk of circuit court; city or town share
Sec. 6. (a) The qualified municipality share to be distributed toeach city and town maintaining a law enforcement agency thatprosecutes at least fifty percent (50%) of the city's or town'sordinance violations in a circuit, superior, or county court located inthe county is three percent (3%) of the amount of fees collectedunder the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costsfees).
(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) (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 county auditor shall determine the amount to bedistributed to each city and town qualified under subsection (a) asfollows:
STEP ONE: Determine the population of the qualified city ortown.
STEP TWO: Add the populations of all qualified cities and
towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city andtown by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEPTHREE for each qualified city and town by the amount of thequalified municipality share.
(c) The county auditor shall distribute semiannually to each cityand town described in subsection (a) the amount computed for thatcity or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-7
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-8
City or town court clerk's and fiscal officer's distribution of fees
Sec. 8. (a) The clerk of a city or town court shall distributesemiannually to the auditor of state as the state share for deposit inthe homeowner protection unit account established by IC 4-6-12-9one hundred percent (100%) of the automated record keeping feescollected under IC 33-37-5-21 with respect to actions resulting in theaccused person entering into a pretrial diversion program agreementunder IC 33-39-1-8 or a deferral program agreement underIC 34-28-5-1 and for deposit in the state general fund fifty-fivepercent (55%) 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 costsfees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to thecounty auditor as the county share twenty percent (20%) of theamount 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 costsfees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (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 thefollowing:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costsfees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannuallyto the auditor of state for deposit in the state user fee fundestablished in IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,interdiction, and correction fees collected underIC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drugcountermeasures 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) One hundred percent (100%) of the highway work zone feescollected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools feecollected under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated recordkeeping fee (IC 33-37-5-21) not distributed under subsection(a).
(e) The clerk of a city or town court shall distribute monthly to thecounty auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,interdiction, and corrections fees collected underIC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drugcountermeasures 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 thissubsection into the county drug free community fund establishedunder IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to thecity or town fiscal officer (as defined in IC 36-1-2-7) one hundredpercent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected underIC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected underIC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
The city or town fiscal officer (as defined in IC 36-1-2-7) shalldeposit fees distributed by a clerk under this subsection in the city ortown general fund.
(g) The clerk of a city or town court shall semiannually distributeto the auditor of state for deposit in the state general fund onehundred percent (100%) of the following:
(1) The public defense administration fee collected underIC 33-37-5-21.2.
(2) The DNA sample processing fees collected underIC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(h) The clerk of a city or town court shall semiannually distributeto the auditor of state for deposit in the judicial branch insuranceadjustment account established by IC 33-38-5-8.2 one hundred
percent (100%) of the judicial insurance adjustment fee collectedunder IC 33-37-5-25.
(i) The clerk of a city or town court shall semiannually distributeto the auditor of state for deposit in the state general fundseventy-five percent (75%) of the judicial salaries fee collected underIC 33-37-5-26. The city or town fiscal officer shall retain twenty-fivepercent (25%) of the judicial salaries fee collected underIC 33-37-5-26. The funds retained by the city or town shall beprioritized to fund city or town court operations.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.27; P.L.95-2004, SEC.15; P.L.2-2005, SEC.109; P.L.176-2005,SEC.17; P.L.174-2006, SEC.17; P.L.224-2007, SEC.120;P.L.182-2009(ss), SEC.396.
IC 33-37-7-9
Auditor's transfer of funds to treasurer; treasurer's deposit ofcertain funds
Sec. 9. (a) On June 30 and on December 31 of each year, theauditor of state shall transfer to the treasurer of state nine million twohundred seventy-seven thousand twenty-three dollars ($9,277,023)for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer ofstate shall deposit into:
(1) the family violence and victim assistance fund establishedby IC 5-2-6.8-3 an amount equal to eight and three-hundredthspercent (8.03%);
(2) the Indiana judges' retirement fund established byIC 33-38-6-12 an amount equal to thirty-eight and fifty-fivehundredths percent (38.55%);
(3) the law enforcement academy building fund established byIC 5-2-1-13 an amount equal to two and fifty-six hundredthspercent (2.56%);
(4) the law enforcement training fund established byIC 5-2-1-13 an amount equal to ten and twenty-sevenhundredths percent (10.27%);
(5) the violent crime victims compensation fund established byIC 5-2-6.1-40 an amount equal to eleven and ninety-threehundredths percent (11.93%);
(6) the motor vehicle highway account an amount equal tonineteen and forty-nine hundredths percent (19.49%);
(7) the fish and wildlife fund established by IC 14-22-3-2 anamount equal to twenty-five hundredths percent (0.25%);
(8) the Indiana judicial center drug and alcohol programs fundestablished by IC 12-23-14-17 for the administration,certification, and support of alcohol and drug services programsunder IC 12-23-14 an amount equal to one and sixty-threehundredths percent (1.63%); and
(9) the DNA sample processing fund established underIC 10-13-6-9.5 for the funding of the collection, shipment,analysis, and preservation of DNA samples and the conduct of
a DNA data base program under IC 10-13-6 an amount equal toseven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor ofstate shall transfer to the treasurer of state for deposit into the publicdefense fund established under IC 33-40-6-1:
(1) after June 30, 2004, and before July 1, 2005, one millionseven hundred thousand dollars ($1,700,000); and
(2) after June 30, 2005, two million seven hundred thousanddollars ($2,700,000).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.28; P.L.176-2005, SEC.18; P.L.1-2006, SEC.511;P.L.174-2006, SEC.18; P.L.122-2008, SEC.5; P.L.130-2009,SEC.20.
IC 33-37-7-10
Counties having judicial circuit in which IC 31-1-23 or IC 31-1-24applies; appropriation
Sec. 10. (a) In a county having a judicial circuit in which eitherIC 31-12-1 or IC 31-12-2 applies, the county fiscal body shallannually appropriate an amount necessary to carry out theadministration and the purposes of the programs established underthese chapters.
(b) Requests for funding under this section must be submittedunder IC 36-2-5-4 or IC 36-3-6-4.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-11
Counties with pension trusts; appropriations; claims by sheriff
Sec. 11. (a) This section applies to a county in which there isestablished a pension trust under IC 36-8-10-12.
(b) For each service of a writ, an order, a process, a notice, a taxwarrant, or other paper completed by the sheriff of a countydescribed in subsection (a), the sheriff shall submit to the countyfiscal body a verified claim of service.
(c) From the county share distributed under section 4 of thischapter and deposited into the county general fund, the county fiscalbody shall appropriate thirteen dollars ($13) for each verified claimsubmitted by the sheriff under subsection (b). Amounts appropriatedunder this subsection shall be deposited by the county auditor intothe pension trust established under IC 36-8-10-12.
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006,SEC.512; P.L.174-2006, SEC.19.
IC 33-37-7-12
Forwarding and deposit of fees; duties of clerk and county andmunicipal officers
Sec. 12. (a) Except:
(1) for the state share prescribed by section 2 of this chapter forsemiannual distribution; and (2) as provided under section 2(g) of this chapter, IC 33-32-4-6,and IC 33-37-5-2;
not later than thirty (30) days after the clerk collects a fee, the clerkshall forward the fee to the county auditor if the clerk is a clerk of acircuit court, and to the city or town fiscal officer if the clerk is theclerk of a city or town court.
(b) If part of the fee is collected on behalf of another person forservice as a juror or witness, the county auditor or city or town fiscalofficer shall forward that part of the fee to the person not later thanforty-five (45) days after the auditor or fiscal officer receives theclaim for the fee.
(c) Except for amounts deposited in a user fee fund establishedunder IC 33-37-8, the county auditor shall distribute fees receivedfrom the clerk to the following:
(1) The county treasurer for deposit in the county general fund,if the fee belongs to the county.
(2) The fiscal officer of a city or town, if the fee belongs to thecity or town under section 6 of this chapter.
(d) Except for amounts deposited in a user fee fund establishedunder IC 33-37-8, the city or town fiscal officer shall deposit all feesreceived from a clerk in the city's or town's treasury.
(e) The clerk shall forward the state share of each fee to the statetreasury at the clerk's semiannual settlement for state revenue.
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006,SEC.513.