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Monday, May 02, 2011

Ind. Courts - Changes this year made to automated record keeping fee used by the Court to fund JTAC project

Again this year a request was before the General Assembly to raise the automated recordkeeping fee, collected by the county clerks for each case filed, but sent on in its entirety to the state, mostly to fund the JTAC project.

Annual Automated Record Keeping Fee Through the 21st Century
2001 $2 annually
2002 $5 annually until 7-1-03, then $7 annually until 7-1-09, then $4 annually thereafter.
2004 $7 annually until 7-1-09, then $4 annually thereafter.
2007 $7 annually until 7-1-11, then $4 annually thereafter.
2009 $7 annually until 7-1-09, then $10 until 7-1-13, then $7 annually thereafter. [did not pass]
2011 $7 annually until 7-1-11, then $10 until 7-1-15, then $7 annually thereafter. [proposed - SB 301]

However, SB 301 did not pass; the subject now is instead covered in HEA 1001, the budget bill. See SECTION 258, on page 269, which now provides:

SECTION 258. IC 33-37-5-21, AS AMENDED BY P.L.182-2009(ss), SECTION 394, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 21. (a) This section applies to all civil, criminal, infraction, and ordinance violation actions.
(b) The clerk shall collect an automated record keeping fee as follows:
(1) Seven dollars ($7) after June 30, 2003, and before July 1, 2011.
(2) Four Five dollars ($4) ($5) after June 30, 2011.
Moreover, under SECTION 260, the following change applies to distribution of the automated record keeping (ARK) fees via a new IC 33-37-7-2(b)(7):
(A) For a county operating under the state's automated judicial system, one hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(B) For a county not operating under the state's automated judicial system, eighty percent (80%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
What this means is that counties with their own Case Management Systems (CMS) no longer will have to collect the ARK fee and send all of it to the State, plus pay for their own county's CMS entirely out of their own county funds; instead they may use 20% of the ARK funds they collect for that purpose, and send along the remaining 80% to the State.

Further, the bill makes a change via SECTION 256 on page 269 that is intended to insure that "the division of state court administration certifies that the judicial technology automation project is in compliance with the information sharing and exchange provisions of IC 33-24-6-3(a)."

Posted by Marcia Oddi on May 2, 2011 01:34 PM
Posted to Indiana Courts