For amend and vote only, the House Judiciary Committee heard SB 582 on jurisdiction of the tax court over fees, sponsored by Rep. Karickhoff. The bill provides that a taxpayer’s appeal of an assessment may not include a claim related to the legality or constitutionality of certain other charges, rates, or fees. The bill also provides that the tax court does not have jurisdiction over a challenge to the establishment, fixing, charging, imposition, or collection of user fees included in a case over which the tax court otherwise has jurisdiction and defines “user fee” for purposes of tax court jurisdiction. The committee adopted two amendments by consent. The first amendment does the following:
- Changes the effective date for Section 1 from July 1, 2018, to July 1, 2017
- Changes the effective date for the provision defining “user fees” from December 1, 2018, to December 1, 2015
- Defines the term “user fee”
- Specifies that: (1) circuit courts; (2) standard superior courts; and (3) superior courts; have original and concurrent jurisdiction over claims concerning user fees.
The second amendment does the following:
- Requires the judicial technology oversight committee (committee) to develop, before January 1, 2020, a plan for a standard protocol that: (1) allows the office of judicial administration to exchange information concerning judgments and pending cases with clerks of court; (2) allows a member of the public to search for certain information pertaining to judgments and pending cases; (3) provides certain court docket information; and (4) allows certain information pertaining to judgments and pending cases to be searchable by party name
- Requires the committee to provide any necessary training concerning the protocol to clerks of court.
The amended bill passed 7-1.
Read the bill at http://iga.in.gov/legislative/2019/bills/senate/582