Bill Text: IN HB1282 | 2012 | Regular Session | Introduced
Bill Title: Circuit court clerk administrative matters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Local Government [HB1282 Detail]
Download: Indiana-2012-HB1282-Introduced.html
Introduced Version
HOUSE BILL No. 1282
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-7-2-7; IC 33-31-1-5; IC 33-32; IC 33-33;
IC 33-38-10-6; IC 34-35-5.
Synopsis: Circuit court clerk administrative matters. Removes the
requirement that the circuit court clerk (clerk) attend court sessions.
Removes or repeals the authorization for the clerk to receive a fee or
per diem for attending court sessions. Permits an individual to receive
credit for training hours completed after the individual is elected or
selected to the office of circuit court clerk and before the individual
begins serving in that office. Provides that court costs and fees must be
used to pay for the clerk's initial mailing by certified mail to each party
required to receive the mailing at a single address, and requires that a
person requesting a mailing by certified mail after the initial mailing
pay the cost of the mailing. Authorizes the clerk to retain as an
administrative fee an amount up to three dollars whenever a person
submits an amount that exceeds the fee required for certain licenses
issued by the clerk. Requires the clerk to deposit the amount retained
as an administrative fee in the clerk's record perpetuation fund.
Effective: July 1, 2012.
Richardson
January 10, 2012, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 117th General Assembly (2012)
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 this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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 this style type or
HOUSE BILL No. 1282
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-7-2-7; (12)IN1282.1.1. -->
SECTION 1. IC 5-7-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7. It shall be unlawful for any board
of commissioners to allow any county, township or other public officer,
any sum of money out of a county treasury except when the statutes
confer the clear and unequivocal authority to do so. Provided, That the
clerk of the circuit court shall receive for attendance upon the circuit
court the same per diem as is allowed for attendance upon criminal and
superior courts.
SOURCE: IC 33-31-1-5; (12)IN1282.1.2. -->
SECTION 2. IC 33-31-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The clerk and
sheriff shall attend the court, and the clerk and the sheriff shall
discharge all the duties pertaining to their respective offices required
by law in the circuit court.
(b) All laws:
(1) prescribing the duties and liability of the officers;
(2) prescribing the mode of proceeding against either or both of the officers for any neglect of official duty; and
(3) allowing fees and providing for the collection of the fees;
in the circuit court, extend to the probate court, as applicable.
(b) All laws:
(1) prescribing the duties and liability of the officers;
(2) prescribing the mode of proceeding against either or both of the officers for any neglect of official duty; and
(3) allowing fees and providing for the collection of the fees;
in the circuit court, extend to the probate court, as applicable.
SOURCE: IC 33-32-2-9; (12)IN1282.1.3. -->
SECTION 3. IC 33-32-2-9, AS ADDED BY P.L.45-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. (a) As used in this section, "training courses"
refers to training courses related to the office of circuit court clerk that
are developed by the Association of Indiana Counties and approved by
the state board of accounts.
(b) An individual elected or selected to the office of circuit court clerk after November 2, 2010, shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
afterbeginning the individual's term as circuit court clerk. the
individual is elected or selected to that office.
(c) A training course that an individual completes:
(1) after being elected or selected to the office of circuit court clerk; and
(2) before the individual begins serving in that office;
applies toward the hours required under subsection (b).
(b) An individual elected or selected to the office of circuit court clerk after November 2, 2010, shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
after
(c) A training course that an individual completes:
(1) after being elected or selected to the office of circuit court clerk; and
(2) before the individual begins serving in that office;
applies toward the hours required under subsection (b).
SOURCE: IC 33-32-2-10; (12)IN1282.1.4. -->
SECTION 4. IC 33-32-2-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 10. (a) This section applies whenever the clerk is
required to send a document filed with a court by certified mail.
(b) Court costs and fees (as determined under IC 33-37) must be used to pay for the initial mailing by certified mail to each party required to receive the mailing at a single address.
(c) After the initial mailing described in subsection (b), a person requesting that the clerk send a mailing by certified mail shall pay the cost of the mailing.
(b) Court costs and fees (as determined under IC 33-37) must be used to pay for the initial mailing by certified mail to each party required to receive the mailing at a single address.
(c) After the initial mailing described in subsection (b), a person requesting that the clerk send a mailing by certified mail shall pay the cost of the mailing.
SOURCE: IC 33-32-3-1; (12)IN1282.1.5. -->
SECTION 5. IC 33-32-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The clerk shall
endorse the time of filing on each writing required to be filed in the
office of the clerk.
(b) The clerk shall carefully preserve in the office of the clerk all records and writings pertaining to the clerk's official duties.
(c) The clerk shall procure, at the expense of the county, all necessary judges' appearance, bar, judgment, and execution dockets, order books, and final record books.
(d) The clerk shall
(1) attend, in person or by deputy, the circuit court of the county;
and
(2) enter in proper record books all orders, judgments, and
(b) The clerk shall carefully preserve in the office of the clerk all records and writings pertaining to the clerk's official duties.
(c) The clerk shall procure, at the expense of the county, all necessary judges' appearance, bar, judgment, and execution dockets, order books, and final record books.
(d) The clerk shall
decrees of the court.
(e) Not more than fifteen (15) days after the cases are finally
determined, the clerk shall enter in final record books a complete
record of:
(1) all cases involving the title to land;
(2) all criminal cases in which the punishment is death or
imprisonment, except where a nolle prosequi is entered or an
acquittal is had; and
(3) all other cases, at the request of either party and upon payment
of the costs.
SOURCE: IC 33-32-5-3; (12)IN1282.1.6. -->
SECTION 6. IC 33-32-5-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 3. (a) If:
(1) a person, in payment of a fee required under this chapter for a license, submits an amount that exceeds the fee required; and
(2) the application for the license meets the requirements for issuing the license;
the clerk shall issue the license.
(b) If the amount submitted in payment of a fee required under this chapter for a license is at least three dollars ($3) more than the fee required, the clerk shall, upon the request of the person entitled to the refund:
(1) retain the administrative fee described in subsection (c); and
(2) refund the excess amount.
(c) The clerk may retain as an administrative fee an amount up to three dollars ($3) of the excess amount submitted in payment of a fee required under this chapter for a license. The clerk shall deposit the amount retained as an administrative fee under this subsection in the clerk's record perpetuation fund established under IC 33-37-5-2.
(1) a person, in payment of a fee required under this chapter for a license, submits an amount that exceeds the fee required; and
(2) the application for the license meets the requirements for issuing the license;
the clerk shall issue the license.
(b) If the amount submitted in payment of a fee required under this chapter for a license is at least three dollars ($3) more than the fee required, the clerk shall, upon the request of the person entitled to the refund:
(1) retain the administrative fee described in subsection (c); and
(2) refund the excess amount.
(c) The clerk may retain as an administrative fee an amount up to three dollars ($3) of the excess amount submitted in payment of a fee required under this chapter for a license. The clerk shall deposit the amount retained as an administrative fee under this subsection in the clerk's record perpetuation fund established under IC 33-37-5-2.
SOURCE: IC 33-33-2-17; (12)IN1282.1.7. -->
SECTION 7. IC 33-33-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) The clerk and
sheriff shall attend the Allen superior court, and the clerk and the
sheriff shall discharge all the duties pertaining to their respective
offices as they are required to do by law in the circuit court.
(b) All laws prescribing the duties and liabilities of clerk and sheriff and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees, and providing for the collection fees in the circuit court, apply to the Allen superior court.
(c) In a case in the Allen superior court based upon a violation of a
(b) All laws prescribing the duties and liabilities of clerk and sheriff and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees, and providing for the collection fees in the circuit court, apply to the Allen superior court.
(c) In a case in the Allen superior court based upon a violation of a
city ordinance where fines or forfeitures are adjudged against a party:
(1) the fines or forfeitures shall be paid to and collected by the
clerk and regularly remitted to the city clerk of the city that issued
the ordinance; and
(2) the city clerk shall disburse the fines or forfeitures as required
by law.
Payment of fines for admitted parking violations shall be made to the
city clerk of the city that issued the ordinances concerning parking
violations.
SOURCE: IC 33-33-3-3; (12)IN1282.1.8. -->
SECTION 8. IC 33-33-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The clerk of the
Bartholomew circuit court is the clerk of the Bartholomew superior
courts, and the sheriff of Bartholomew County is the sheriff of the
Bartholomew superior courts. The clerk and sheriff shall attend the
courts, and the clerk and the sheriff shall discharge all the duties
pertaining to their respective offices as they are required to do by law
with reference to the Bartholomew circuit court.
SOURCE: IC 33-33-9-4; (12)IN1282.1.9. -->
SECTION 9. IC 33-33-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The clerk of the Cass
circuit court shall serve as the clerk of each Cass superior court, and
the sheriff of Cass County shall serve as the sheriff of each Cass
superior court. They The sheriff shall attend the courts, and the clerk
and the sheriff shall perform the same duties relating to their offices
as they are required to do with respect to the Cass circuit court.
SOURCE: IC 33-33-19-4; (12)IN1282.1.10. -->
SECTION 10. IC 33-33-19-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The clerk of the
Dubois circuit court shall serve as the clerk of the Dubois superior
court, and the sheriff of Dubois County shall serve as the sheriff of the
Dubois superior court. They The sheriff shall attend the court, and the
clerk and the sheriff shall perform the same duties relating to their
offices as they are required to do with respect to the Dubois circuit
court.
SOURCE: IC 33-33-79.2-4; (12)IN1282.1.11. -->
SECTION 11. IC 33-33-79.2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The clerk of the
Tippecanoe circuit court shall be the clerk of superior court No. 2 of
Tippecanoe County, and the sheriff of Tippecanoe County shall be the
sheriff of superior court No. 2 of Tippecanoe County. The clerk and
sheriff shall attend court, and the clerk and the sheriff shall discharge
all the duties pertaining to their respective office offices as they are
required to do by law with reference to the Tippecanoe circuit court.
(b) The judge of superior court No. 2 of Tippecanoe County shall appoint a bailiff and an official reporter for the court to serve during the
(b) The judge of superior court No. 2 of Tippecanoe County shall appoint a bailiff and an official reporter for the court to serve during the
court. The judge shall fix their compensation within the limits and in
the manner provided by law concerning bailiffs and official court
reporters. The compensation shall be paid monthly out of the treasury
of Tippecanoe County, in the manner provided by law.
SOURCE: IC 33-38-10-6; (12)IN1282.1.12. -->
SECTION 12. IC 33-38-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The clerk of the
circuit court of the county in which the case is filed serves as the clerk
of the court for a case heard by a private judge, and the sheriff of that
county serves as the sheriff of the court for the case. The clerk and the
sheriff shall attend the proceedings, and the clerk and the sheriff
perform the same duties relating to their offices as are required for the
circuit court of the county in which the case is filed.
(b) The clerk of the circuit court of the county in which the case is filed shall provide to a private judge for each case all books, dockets, papers, and printed blanks necessary to discharge the duties of the court.
(b) The clerk of the circuit court of the county in which the case is filed shall provide to a private judge for each case all books, dockets, papers, and printed blanks necessary to discharge the duties of the court.
SOURCE: IC 34-35-5-2; (12)IN1282.1.13. -->
SECTION 13. IC 34-35-5-2, AS AMENDED BY P.L.118-2007,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. Expenses to be paid under section 1 of this
chapter include the following:
(1) The expense of keeping the prisoner, if any.
(2) The expense of transporting the prisoner to or from any penal institution.
(3) Any extraordinary expense for safekeeping the prisoner.
(4) The fee set by the venue court under IC 33-40-2-5 for pauper counsel, if counsel was appointed by that court.
(5) The expense of any mileage, meals, lodging, and per diems paid for or to jurors.
(6) The per diems paid jury administrators for drawing any special venire.
(7) The sum of five dollars ($5) for each day or part of a day a bailiff is engaged in assisting the court in the trial of the cause.
(8) The sum of eight dollars ($8) for each day or part of a day an official court reporter takes evidence or testimony before the judge or jury concerning the cause.
(9) The sum of ten dollars ($10) per day for each day of trial for use of facilities and utilities.
(10) The sum of five dollars ($5) for notifying the jury not to attend court after having been summoned in any cause.
(11) The amount of telephone or telegraph communications made by the court or authorized by it.
(12) The per diem allowed by law to the clerk of the court for
(1) The expense of keeping the prisoner, if any.
(2) The expense of transporting the prisoner to or from any penal institution.
(3) Any extraordinary expense for safekeeping the prisoner.
(4) The fee set by the venue court under IC 33-40-2-5 for pauper counsel, if counsel was appointed by that court.
(5) The expense of any mileage, meals, lodging, and per diems paid for or to jurors.
(6) The per diems paid jury administrators for drawing any special venire.
(7) The sum of five dollars ($5) for each day or part of a day a bailiff is engaged in assisting the court in the trial of the cause.
(8) The sum of eight dollars ($8) for each day or part of a day an official court reporter takes evidence or testimony before the judge or jury concerning the cause.
(9) The sum of ten dollars ($10) per day for each day of trial for use of facilities and utilities.
(10) The sum of five dollars ($5) for notifying the jury not to attend court after having been summoned in any cause.
(11) The amount of telephone or telegraph communications made by the court or authorized by it.
attending court.
SOURCE: IC 34-35-5-8; (12)IN1282.1.14. -->
SECTION 14. IC 34-35-5-8 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 8. The clerk is entitled to collect two dollars ($2) from the
county treasury for each calendar day on which the clerk or the clerk's
deputy attends a court when it is occupied with business concerning
change of venue. The payment authorized under this section is not
affected by the number of items filed or the business transacted by the
court on that day.
