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Monday, February 25, 2013

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

HB 1393, proposing to increase the automated record keeping fee, is on third reading in the House on Monday. Here is some background information.

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 7-1-11, then $4 annually thereafter.
2011 $7 annually until 7-1-11, then $5 annually thereafter.
2013 $7 annually until 7-1-11, then ...

[See also this ILB post from May 2, 2011.]

Proposed changes to automated record keeping fee in current version of HB 1393:

    SECTION 5. IC 33-37-5-21, AS AMENDED BY P.L.229-2011, SECTION 258, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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: of:
        (1) seven dollars ($7) after June 30, 2003, 2013, and before July 1, 2011. 2015, in all actions except actions described in subdivision (2);
        (2) five dollars ($5) after June 30, 2013, and before July 1, 2015, with respect to actions resulting in the accused person entering into a:
            (A) pretrial diversion program agreement under IC 33-39-1-8; or
            (B) deferral program agreement under IC 34-28-5-1; and

        (2) (3) five dollars ($5) after June 30, 2011. 2015.

The most recent LSA Fiscal Impact Statement on HB 1393 contains a wealth of information; it is 5 pages long.

Also of interest is the Indiana Judicial Center's summary re what happened at the Ways & Means Committee meeting:

The House Ways and Means Committee considered HB 1393 on the Judicial Technology and Automation Committee (JTAC). An amendment increases the JTAC oversight committee membership from seven to nine, by adding a court clerk from a non-Odyssey county and a member affiliated with a taxpayer organization, both appointed by the governor. Another amendment increases the “automatic recordkeeping fee” from $5 to $7, $3 less than the $10 in the introduced version of the bill. Pursuant to the amendment, all of the $2 fee increase imposed in Odyssey counties will go to JTAC, but in non-Odyssey counties $1 of the increase will go to JTAC and the remaining $1 will go to the county. The amendment also provides that the fee increase sunsets at the end of the biennium following implementation based on the proposition that the expenses necessitating the fee increase are one-time Odyssey or INcite program installation costs, so that after extension of Odyssey to counties awaiting it and completion of current INcite projects the increase will no longer be needed. Rep. Dermody inquired about reports that there is a very large balance in the JTAC fund. Rep. Braun said that the budget has been in the $7 million range, and the fee increase under the amended bill would provide an increase of $1.3 million. Rep. Thompson asked for a list of the counties (approximately 20) waiting for Odyssey installation. Rep. Leonard observed that, while he supports JTAC, he has heard there is a 10 million dollar balance in their funds and cannot support a fee increase with that kind of balance. Rep. Steuerwald said that a number of counties are getting ready to come on with Odyssey and that may explain a significant balance. Rep. Huston said he does not like the fee increase, but approves of the bill’s addition of an oversight board; he observed he does not think it is good from a “competitive” standpoint to have fee money going to JTAC from non-Odyssey counties. Rep. Braun replied that the fee increase is only for the biennium, noted the frustration in counties which have decided to go with Odyssey at having to wait and pointing out the fee increase will help with the conversion of the “backlog” of courts wanting Odyssey. He also noted that the INcite programs are critical for “cross information” between government agencies. The bill passed as amended, 14-7.

Posted by Marcia Oddi on February 25, 2013 08:29 AM
Posted to Indiana Courts