LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7077 NOTE PREPARED: Jan 11, 2022
BILL NUMBER: HB 1328 BILL AMENDED:
SUBJECT: Court Fees.
FIRST AUTHOR: Rep. Mayfield BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill provides that a sheriff's service of process fee for each service performed
outside Marion County applies to cases in the Marion County small claims court.
It provides that the Marion County small claims court shall distribute monthly to the township clerk, for
deposit in the Township Clerk's Record Perpetuation Fund, all document storage fees received by the court
not later than 30 days after the fees are collected.
It also establishes the Township Clerk's Record Perpetuation Fund. It provides that the clerk shall transfer
certain fees to the township fiscal officer in each county containing a consolidated city.
Effective Date: July 1, 2022.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues: If the request for service of process in Marion County Small Claims
Township court increases, the bill could potentially increase township revenue. The impact will depend on
local action and the frequency of these services outside of Marion County.
The service of process fee is charged to small claims litigants in the Marion County Small Claims Township
HB 1328 1
Courts. The service of process fee is $28. The bill provides that each clerk of a township small claims court
shall establish a township clerk’s record perpetuation fund. The clerk of the township court collects the fee,
and $1 is deposited into the Township Clerk’s Record Perpetuation Fund and the remaining $27 in the
County Pension Trust or County General Fund.
In CY 2020, Marion County generated $580,578 for service or certified mail service. In CY 2018, Marion
County generated $4.41 M in revenue and $1.5 M for personal service or certified mail.
Additional Information - The township clerk shall deposit all the following in the fund:
1. Revenue received by the clerk for transmitting documents
2. Fees for preparing a transcript or copy of any record
3. Service of process fees
4. Document storage fees
5. The late payment fees
Money in the fund may be used for the preservation of records, improvement of record keeping systems and
equipment, and the operation of a case management system.
State Agencies Affected:
Local Agencies Affected: Marion County Small Claims Township Courts; Marion County Sheriffs.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual,
https://www.in.gov/courts/iocs/files/courtmgmt-pubs-trial-court-fee-manual.pdf; 2020 Judicial Service
Report, https://www.in.gov/courts/iocs/statistics/trial-probation/.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1328 2


Statutes affected:
1. Introduced House Bill (H): 33-34-8-1, 33-34-8-3, 33-37-5-15, 33-37-7-2, 33-37-7-12