Bill Text: IN SB0160 | 2012 | Regular Session | Introduced
Bill Title: Local funds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Local Government [SB0160 Detail]
Download: Indiana-2012-SB0160-Introduced.html
Citations Affected: IC 6-1.1; IC 12-19-1-22; IC 14-9-9-8;
IC 15-17-6-8; IC 31-40; IC 35-33-8-3.3; IC 35-38-2-1; IC 36-2;
IC 36-8-10-21.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Local Government.
Digest Continued
effective January 1, 2004. Requires the county sheriff to provide
monthly a copy of the receipts and disbursements from the commissary
fund to the county fiscal body. (Current law requires this reporting to
be done semiannually.)
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
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) If the department makes a determination and informs local officials under section 31(c) of this chapter, the department may order a state conducted assessment or reassessment in the county subject to the time limitation in that subsection.
(c) If the department orders a state conducted assessment or reassessment in a county, the department shall assume the duties of the county assessor. Notwithstanding sections 15 and 17 of this chapter, a county assessor subject to an order issued under this section may not assess property or have property assessed for the assessment or general reassessment. Until the state conducted assessment or reassessment is completed under this section, the assessment or reassessment duties of
the county assessor are limited to providing the department or a
contractor of the department the support and information requested by
the department or the contractor.
(d) Before assuming the duties of a county assessor, the department
shall transmit a copy of the department's order requiring a state
conducted assessment or reassessment to the county assessor, the
county fiscal body, the county auditor, and the county treasurer. Notice
of the department's actions must be published one (1) time in a
newspaper of general circulation published in the county. The
department is not required to conduct a public hearing before taking
action under this section.
(e) A county assessor subject to an order issued under this section
shall, at the request of the department or the department's contractor,
make available and provide access to all:
(1) data;
(2) records;
(3) maps;
(4) parcel record cards;
(5) forms;
(6) computer software systems;
(7) computer hardware systems; and
(8) other information;
related to the assessment or reassessment of real property in the county.
The information described in this subsection must be provided at no
cost to the department or the contractor of the department. A failure to
provide information requested under this subsection constitutes a
failure to perform a duty related to an assessment or a general
reassessment and is subject to IC 6-1.1-37-2.
(f) The department may enter into a contract with a professional
appraising firm to conduct an assessment or reassessment under this
section. If a county entered into a contract with a professional
appraising firm to conduct the county's assessment or reassessment
before the department orders a state conducted assessment or
reassessment in the county under this section, the contract:
(1) is as valid as if it had been entered into by the department; and
(2) shall be treated as the contract of the department.
(g) After receiving the report of assessed values from the appraisal
firm acting under a contract described in subsection (f), the department
shall give notice to the taxpayer and the county assessor, by mail, of the
amount of the assessment or reassessment. The notice of assessment or
reassessment:
(1) is subject to appeal by the taxpayer under section 31.7 of this
chapter; and
(2) must include a statement of the taxpayer's rights under section
31.7 of this chapter.
(h) The department shall forward a bill for services provided under
a contract described in subsection (f) to the auditor of the county in
which the state conducted reassessment occurs. The county shall pay
the bill under the procedures prescribed by subsection (i).
(i) A county subject to an order issued under this section shall pay
the cost of a contract described in subsection (f), without upon
appropriation by the county fiscal body, from the county property
reassessment fund. A contractor may periodically submit bills for
partial payment of work performed under the contract. Notwithstanding
any other law, a contractor is entitled to payment under this subsection
for work performed under a contract if the contractor:
(1) submits to the department a fully itemized, certified bill in the
form required by IC 5-11-10-1 for the costs of the work performed
under the contract;
(2) obtains from the department:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services have been
received and comply with the contract; and
(3) files with the county auditor:
(A) a duplicate copy of the bill submitted to the department;
(B) proof of the department's approval of the form and amount
of the bill; and
(C) the department's certification that the billed goods and
services have been received and comply with the contract.
The department's approval and certification of a bill under subdivision
(2) shall be treated as conclusively resolving the merits of a contractor's
claim. Upon receipt of the documentation described in subdivision (3),
the county auditor shall immediately certify that the bill is true and
correct without further audit and submit the claim to the county
executive. The county executive shall allow the claim, in full, as
approved by the department, without further examination of the merits
of the claim in a regular or special session that is held not less than
three (3) days and not more than seven (7) days after the date the claim
is certified by the county fiscal officer if the procedures in IC 5-11-10-2
are used to approve the claim or the date the claim is placed on the
claim docket under IC 36-2-6-4 if the procedures in IC 36-2-6-4 are
used to approve the claim. Upon allowance of the claim by the county
executive, the county auditor shall immediately issue a warrant or
check for the full amount of the claim approved by the department.
Compliance with this subsection constitutes compliance with
IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and
payment of a claim in compliance with this subsection is not subject to
remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply
to a claim submitted under this subsection. IC 5-11-10-1.6(d) applies
to a fiscal officer who pays a claim in compliance with this subsection.
(j) Notwithstanding IC 4-13-2, a period of seven (7) days is
permitted for each of the following to review and act under IC 4-13-2
on a contract of the department entered into under this section:
(1) The commissioner of the Indiana department of
administration.
(2) The director of the budget agency.
(3) The attorney general.
(k) If money in the county's property reassessment fund is
insufficient to pay for an assessment or reassessment conducted under
this section, the department may increase the tax rate and tax levy of
the county's property reassessment fund to pay the cost and expenses
related to the assessment or reassessment.
(l) The department or the contractor of the department shall use the
land values determined under section 13.6 of this chapter for a county
subject to an order issued under this section to the extent that the
department or the contractor finds that the land values reflect the true
tax value of land, as determined under this article and the rules of the
department. If the department or the contractor finds that the land
values determined for the county under section 13.6 of this chapter do
not reflect the true tax value of land, the department or the contractor
shall determine land values for the county that reflect the true tax value
of land, as determined under this article and the rules of the
department. Land values determined under this subsection shall be
used to the same extent as if the land values had been determined under
section 13.6 of this chapter. The department or the contractor of the
department shall notify the county's assessing officials of the land
values determined under this subsection.
(m) A contractor of the department may notify the department if:
(1) a county auditor fails to:
(A) certify the contractor's bill;
(B) publish the contractor's claim;
(C) submit the contractor's claim to the county executive; or
(D) issue a warrant or check for payment of the contractor's
bill;
as required by subsection (i) at the county auditor's first legal
opportunity to do so;
(2) a county executive fails to allow the contractor's claim as legally required by subsection (i) at the county executive's first legal opportunity to do so; or
(3) a person or an entity authorized to act on behalf of the county takes or fails to take an action, including failure to request an appropriation, and that action or failure to act delays or halts progress under this section for payment of the contractor's bill.
(n) The department, upon receiving notice under subsection (m) from a contractor of the department, shall:
(1) verify the accuracy of the contractor's assertion in the notice that:
(A) a failure occurred as described in subsection (m)(1) or (m)(2); or
(B) a person or an entity acted or failed to act as described in subsection (m)(3); and
(2) provide to the treasurer of state the department's approval under subsection (i)(2)(A) of the contractor's bill with respect to which the contractor gave notice under subsection (m).
(o) Upon receipt of the department's approval of a contractor's bill under subsection (n), the treasurer of state shall pay the contractor the amount of the bill approved by the department from money in the possession of the state that would otherwise be available for distribution to the county, including distributions of admissions taxes or wagering taxes.
(p) The treasurer of state shall withhold from the money that would be distributed under IC 4-33-12-6, IC 4-33-13-5, or any other law to a county described in a notice provided under subsection (m) the amount of a payment made by the treasurer of state to the contractor of the department under subsection (o). Money shall be withheld from any source payable to the county.
(q) Compliance with subsections (m) through (p) constitutes compliance with IC 5-11-10.
(r) IC 5-11-10-1.6(d) applies to the treasurer of state with respect to the payment made in compliance with subsections (m) through (p). This subsection and subsections (m) through (p) must be interpreted liberally so that the state shall, to the extent legally valid, ensure that the contractual obligations of a county subject to this section are paid. Nothing in this section shall be construed to create a debt of the state.
(s) The provisions of this section are severable as provided in IC 1-1-1-8(b).
[EFFECTIVE JULY 1, 2012]: Sec. 12. (a) A board of county
commissioners, a county assessor, or a township assessor (if any) may
enter into a contract for the discovery of property that has been
undervalued or omitted from assessment. The contract must prohibit
payment to the contractor for discovery of undervaluation or omission
with respect to a parcel or personal property return before all appeals
of the assessment of the parcel or the assessment under the return have
been finalized. The contract may require the contractor to:
(1) examine and verify the accuracy of personal property returns
filed by taxpayers with the county assessor or a township assessor
of a township in the county; and
(2) compare a return with the books of the taxpayer and with
personal property owned, held, possessed, controlled, or occupied
by the taxpayer.
(b) This subsection applies if funds are not appropriated for
payment of services performed under a contract described in subsection
(a). The county auditor may create a special nonreverting fund in which
the county treasurer shall deposit the amount of taxes, including
penalties and interest, that result from additional assessments on
undervalued or omitted property collected from all taxing jurisdictions
in the county after deducting the amount of any property tax credits that
reduce the owner's property tax liability for the undervalued or omitted
property. The fund remains in existence during the term of the contract.
Distributions shall be made from the fund, without upon appropriation
by the county fiscal body, only for the following purposes:
(1) All contract fees and other costs related to the contract.
(2) After the payments required by subdivision (1) have been
made and the contract has expired, the county auditor shall
distribute all money remaining in the fund to the appropriate
taxing units in the county using the property tax rates of each
taxing unit in effect at the time of the distribution.
(c) A board of county commissioners, a county assessor, or a
township assessor may not contract for services under subsection (a) on
a percentage basis.
make or allow a sufficient levy required by this section, the bonds and
loans and the interest on the bonds and loans shall be payable out of the
county general fund without upon appropriation by the county fiscal
body.
(b) The county sheriff or fiscal body may use grant money as authorized under this chapter
(c) The receipt of a grant under this chapter may not be used as a basis for lowering the county's maximum permissible ad valorem property tax levy.
(d) All individuals providing law enforcement services using a grant under this chapter, whether under the authority of the county sheriff or under a contract with the fiscal body, must meet the minimum training requirement set forth in IC 5-2-1-9.
(1) The prosecuting attorney of the county in which the juvenile
court that ordered or approved the services is located or in which
the obligor resides.
(2) An attorney licensed to practice law in Indiana, if the attorney
is not an employee of the department.
(3) A private collection agency licensed under IC 25-11.
(b) A contract entered into under this section is subject to approval
under IC 4-13-2-14.1.
(c) Any fee payable to a prosecuting attorney under a contract under
subsection (a)(1) shall be deposited in the county general fund and
credited to a separate account identified as the prosecuting attorney's
child services collections account. The prosecuting attorney may
expend funds credited to the prosecuting attorney's child services
collections account, without upon appropriation by the county fiscal
body, only for the purpose of supporting and enhancing the functions
of the prosecuting attorney in enforcement and collection of parental
obligations to reimburse the department.
(d) Contracts between a prosecuting attorney, a private attorney, or
a collection agency licensed under IC 25-11 and the department:
(1) must:
(A) be in writing;
(B) include:
(i) all fees, charges, and costs, including administrative and
application fees; and
(ii) the right of the department to cancel the contract at any
time;
(C) require the prosecuting attorney, private attorney, or
collection agency, upon the request of the department, to
provide the:
(i) source of each payment received for a parental
reimbursement order;
(ii) form of each payment received for a parental
reimbursement order; and
(iii) amount and percentage that is deducted as a fee or a
charge from each payment on the parental reimbursement
order; and
(D) have a term of not more than four (4) years; and
(2) may be negotiable contingency contracts in which a
prosecuting attorney, private attorney, or collection agency may
not collect a fee that exceeds fifteen percent (15%) of the parental
reimbursement collected per case.
(e) A prosecuting attorney, private attorney, or collection agency
that contracts with the department under this section may, in addition
to the collection of the parental reimbursement order, assess and collect
from an obligor all fees, charges, costs, and other expenses as provided
under the terms of the contract described in subsection (d).
(1) to the juvenile courts of the county for the use by the courts in
(2) to
(b) The county fiscal body shall determine the amount of any appropriations made from the county supplemental juvenile probation services fund.
(b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if:
(1) the defendant has the financial ability to pay the fee; and
(2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the:
(A) defendant's appearance in court; or
(B) physical safety of the community or of another person.
(c) If a clerk of a court collects a pretrial services fee, the clerk may retain not more than three percent (3%) of the fee to defray the administrative costs of collecting the fee. The clerk shall deposit amounts retained under this subsection in the clerk's record perpetuation fund established under IC 33-37-5-2.
(d) If a clerk of a court collects a pretrial services fee from a defendant, upon request of the county auditor, the clerk shall transfer not more than three percent (3%) of the fee to the county auditor for deposit in the county general fund.
(e) The court may order a defendant who is supervised by a probation officer or pretrial services agency and charged with an offense to pay:
(1) an initial pretrial services fee of at least twenty-five dollars ($25) and not more than one hundred dollars ($100);
(2) a monthly pretrial services fee of at least fifteen dollars ($15) and not more than thirty dollars ($30) for each month the defendant remains on bail and under the supervision of a probation officer or pretrial services agency; and
(3) an administrative fee of one hundred dollars ($100);
to the probation department, pretrial services agency, or clerk of the court if the defendant meets the conditions set forth in subsection (b).
(f) The probation department, pretrial services agency, or clerk of the court shall collect the administrative fee under subsection (e)(3) before collecting any other fee under subsection (e). Except for the money described in subsections (c) and (d), all money collected by the probation department, pretrial services agency, or clerk of the court under this section shall be transferred to the county treasurer, who shall deposit fifty percent (50%) of the money into the county supplemental adult probation services fund and fifty percent (50%) of the money into the county supplemental public defender services fund (IC 33-40-3-1). The fiscal body of the county shall appropriate money from the county supplemental adult probation services fund:
(1) to the county, superior, or circuit court of the county that provides probation services or pretrial services to adults to
(2) to
(A) an employee of a pretrial services agency; or
(B) a probation officer in accordance with the schedule adopted by the county fiscal body under IC 36-2-16.5.
(g) The county supplemental adult probation services fund may be used only to
supplemental adult probation services fund under this section. Any
money remaining in the fund at the end of a fiscal year does not revert
to any other fund but continues in the county supplemental adult
probation services fund.
(h) A defendant who is charged with more than one (1) offense and
who is supervised by the probation department or pretrial services
agency as a condition of bail may not be required to pay more than:
(1) one (1) initial pretrial services fee; and
(2) one (1) monthly pretrial services fee per month.
(i) A probation department or pretrial services agency may petition
a court to:
(1) impose a pretrial services fee on a defendant; or
(2) increase a defendant's pretrial services fee;
if the financial ability of the defendant to pay a pretrial services fee
changes while the defendant is on bail and supervised by a probation
officer or pretrial services agency.
(j) An order to pay a pretrial services fee under this section:
(1) is a judgment lien that, upon the defendant's conviction:
(A) attaches to the property of the defendant;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is delinquent
under this section; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the disposition of charges against the
defendant or by the completion of a sentence, if any, imposed on
the defendant;
(3) is not discharged by the liquidation of a defendant's estate by
a receiver under IC 32-30-5; and
(4) is immediately terminated if a defendant is acquitted or if
charges against the defendant are dropped.
(k) If a court orders a defendant to pay a pretrial services fee, the
court may, upon the defendant's conviction, enforce the order by
garnishing the wages, salary, and other income earned by the
defendant.
(l) If a defendant is delinquent in paying the defendant's pretrial
services fee and has never been issued a driver's license or permit, upon
the defendant's conviction, the court may order the bureau of motor
vehicles to not issue a driver's license or permit to the defendant until
the defendant has paid the defendant's delinquent pretrial services fee.
If a defendant is delinquent in paying the defendant's pretrial services
fee and the defendant's driver's license or permit has been suspended
or revoked, the court may order the bureau of motor vehicles to not
reinstate the defendant's driver's license or permit until the defendant
has paid the defendant's delinquent pretrial services fee.
(m) In addition to other methods of payment allowed by law, a
probation department or pretrial services agency may accept payment
of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)).
The liability for payment is not discharged until the probation
department or pretrial services agency receives payment or credit from
the institution responsible for making the payment or credit.
(n) The probation department or pretrial services agency may
contract with a bank or credit card vendor for acceptance of a bank or
credit card. However, if there is a vendor transaction charge or discount
fee, whether billed to the probation department or pretrial services
agency, or charged directly to the account of the probation department
or pretrial services agency, the probation department or pretrial
services agency may collect a credit card service fee from the person
using the bank or credit card. The fee collected under this subsection
is a permitted additional charge to the fee or fees the defendant may be
required to pay under subsection (e).
(o) The probation department or pretrial services agency shall
forward a credit card service fee collected under subsection (n) to the
county treasurer in accordance with subsection (f). These funds may be
used without appropriation to pay the transaction charge or discount fee
charged by the bank or credit card vendor.
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the violation.
(b) In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user's fee prescribed under subsection (d). If the person was convicted of a misdemeanor, the court may order the person to pay the user's fee prescribed under subsection (e). The court may:
(1) modify the conditions (except a fee payment may only be
modified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court may
revoke the probation.
(c) If a clerk of a court collects a probation user's fee, the clerk:
(1) may keep not more than three percent (3%) of the fee to defray
the administrative costs of collecting the fee and shall deposit any
fee kept under this subsection in the clerk's record perpetuation
fund established under IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscal officer,
or town fiscal officer under clause (A), (B), or (C), may transfer
not more than three percent (3%) of the fee to the:
(A) county auditor, who shall deposit the money transferred
under this subdivision into the county general fund;
(B) city general fund when requested by the city fiscal officer;
or
(C) town general fund when requested by the town fiscal
officer.
(d) In addition to any other conditions of probation, the court shall
order each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than one
hundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars
($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by the
court under IC 9-30-9-8, if the court has referred the defendant to
an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100);
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court may
order each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars
($10) nor more than twenty dollars ($20) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter; and
(4) an administrative fee of fifty dollars ($50);
to either the probation department or the clerk.
(f) The probation department or clerk shall collect the
administrative fees under subsections (d)(5) and (e)(4) before
collecting any other fee under subsection (d) or (e). All money
collected by the probation department or the clerk under this section
shall be transferred to the county treasurer, who shall deposit the
money into the county supplemental adult probation services fund. The
fiscal body of the county shall appropriate money from the county
supplemental adult probation services fund:
(1) to the county, superior, circuit, or municipal court of the
county that provides probation services to adults to supplement
provide adult probation services; and
(2) to supplement pay all or part of the salaries of probation
officers in accordance with the schedule adopted by the county
fiscal body under IC 36-2-16.5.
(g) The probation department or clerk shall collect the
administrative fee under subsection (e)(4) before collecting any other
fee under subsection (e). All money collected by the probation
department or the clerk of a city or town court under this section shall
be transferred to the fiscal officer of the city or town for deposit into
the local supplemental adult probation services fund. The fiscal body
of the city or town shall appropriate money from the local supplemental
adult probation services fund to the city or town court of the city or
town for the court's use in providing probation services to adults or for
the court's use for other purposes as may be appropriated by the fiscal
body. Money may be appropriated under this subsection only to those
city or town courts that have an adult probation services program. If a
city or town court does not have such a program, the money collected
by the probation department must be transferred and appropriated as
provided under subsection (f).
(h) Except as provided in subsection (j), the county or local
supplemental adult probation services fund may be used only to
supplement provide probation services and to supplement pay part or
all of the salaries for probation officers. A supplemental probation
services fund may not be used to replace other funding of probation
services. The county fiscal body shall determine the amount of any
appropriations made from the county supplemental adult
probation services fund under this section, and the city or town
fiscal body shall determine the amount of any appropriations made
from the local supplemental adult probation services fund under
this section. Any money remaining in the fund at the end of the year
does not revert to any other fund but continues in the county or local
supplemental adult probation services fund.
(i) A person placed on probation for more than one (1) crime:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to the probation department or the clerk.
(j) This subsection applies to a city or town located in a county
having a population of more than one hundred eighty-two eighty-five
thousand seven hundred ninety (182,790) (185,000) but less than two
hundred fifty thousand (200,000). (250,000). Any money remaining
in the local supplemental adult probation services fund at the end of the
local fiscal year may be appropriated by the city or town fiscal body to
the city or town court for use by the court for purposes determined by
the fiscal body.
(k) In addition to other methods of payment allowed by law, a
probation department may accept payment of fees required under this
section and section 1.5 of this chapter by credit card (as defined in
IC 14-11-1-7). The liability for payment is not discharged until the
probation department receives payment or credit from the institution
responsible for making the payment or credit.
(l) The probation department may contract with a bank or credit
card vendor for acceptance of bank or credit cards. However, if there
is a vendor transaction charge or discount fee, whether billed to the
probation department or charged directly to the probation department's
account, the probation department may collect a credit card service fee
from the person using the bank or credit card. The fee collected under
this subsection is a permitted additional charge to the money the
probation department is required to collect under subsection (d) or (e).
(m) The probation department shall forward the credit card service
fees collected under subsection (l) to the county treasurer or city or
town fiscal officer in accordance with subsection (f) or (g). These funds
may be used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.
the fees prescribed by this section for recording, filing, copying, and
other services the recorder renders, and shall pay them into the county
treasury at the end of each calendar month. The fees prescribed and
collected under this section supersede all other recording fees required
by law to be charged for services rendered by the county recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half (8
1/2) inches by fourteen (14) inches for furnishing copies of
records and two dollars ($2) per page that is larger than eight and
one-half (8 1/2) inches by fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(12) This subdivision applies in a county only if at least one (1)
unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(13) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). The county fiscal body may adopt an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document.
This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter, subsection (b)(5), (b)(8), (b)(9), and (b)(10), and
IC 36-2-7.5-6(c)(1) (after June 30, 2011), and fifty cents ($0.50) from
revenue received under subsection (b)(11), shall be deposited in this
fund. The county recorder may use any money in this fund, without
upon appropriation by the county fiscal body, for the preservation of
records and the improvement of record keeping systems and
equipment. Money from the fund may not be deposited or transferred
into the county general fund and does not revert to the county general
fund at the end of a fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
(i) This subsection applies to a county other than a county
containing a consolidated city. The county treasurer shall distribute
money collected by the county recorder under subsection (b)(12) as
follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the units
in the county that have established an affordable housing fund
under IC 5-20-5-15.5 for deposit in the fund. The amount to be
distributed to a unit is the amount available for distribution
multiplied by a fraction. The numerator of the fraction is the
population of the unit. The denominator of the fraction is the
population of all units in the county that have established an
affordable housing fund. The population to be used for a county
that establishes an affordable housing fund is the population of
the county outside any city or town that has established an
affordable housing fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(j) This subsection applies to a county described in subsection
(b)(13). The county treasurer shall distribute money collected by the
county recorder under subsection (b)(13) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(13) shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5(e) for the
purposes of the fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(13) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(b) A jail commissary fund is established, referred to in this section as "the fund". The fund is separate from the general fund, and money in the fund does not revert to the general fund.
(c) The sheriff, or the sheriff's designee, shall deposit all money from commissary sales into the fund.
(d) The sheriff, or the sheriff's designee, at the sheriff's or the
sheriff's designee's discretion, and without upon appropriation by the
county fiscal body, may disburse money from the fund for:
(1) merchandise for resale to inmates through the commissary;
(2) expenses of operating the commissary, including, but not
limited to, facilities and personnel;
(3) special training in law enforcement for employees of the
sheriff's department;
(4) equipment installed in the county jail;
(5) equipment, including vehicles and computers, computer
software, communication devices, office machinery and
furnishings, cameras and photographic equipment, animals,
animal training, holding and feeding equipment and supplies, or
attire used by an employee of the sheriff's department in the
course of the employee's official duties;
(6) an activity provided to maintain order and discipline among
the inmates of the county jail;
(7) an activity or program of the sheriff's department intended to
reduce or prevent occurrences of criminal activity, including the
following:
(A) Substance abuse.
(B) Child abuse.
(C) Domestic violence.
(D) Drinking and driving.
(E) Juvenile delinquency;
(8) expenses related to the establishment, operation, or
maintenance of the sex and violent offender registry web site
under IC 36-2-13-5.5; or
(9) any other purpose that benefits the sheriff's department that is
mutually agreed upon by the county fiscal body and the county
sheriff.
Money disbursed from the fund under this subsection must be
supplemental or in addition to, rather than a replacement for, regular
appropriations made to carry out the purposes listed in subdivisions (1)
through (8).
(e) The sheriff shall maintain a record of the fund's receipts and
disbursements. The state board of accounts shall prescribe the form for
this record. The sheriff shall semiannually each month provide a copy
of this record of receipts and disbursements to the county fiscal body.
The semiannual reports are due on July 1 and December 31 of each
year.
