SB 395
Allows for certain local courts to impose surcharges to establish an Alternative Dispute Resolution program
LR Number:
Last Action:
3/29/2005 - Hearing Conducted S Judiciary and Civil & Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2005

Current Bill Summary

SB 395 - This act creates a new section allowing any circuit court that has not established a family court to assess a thirty-dollar surcharge in all proceedings that would otherwise be under the jurisdiction of a family court, such as actions involving dissolution or annulment of marriage, legal separation, maintenance, child custody and modification, adoption, juvenile proceedings, establishment of parent and child relationship proceedings, and child support enforcement.

The surcharge will not be charged when no court costs are otherwise required, or in any proceeding when costs are waived or to be paid by the state, county, or municipality. The surcharge will not be charged to a government agency or against the petitioner for adult abuse and child protections actions, but may be charged to the respondent in such actions.

The funds collected from the surcharges will be deposited in an alternative dispute resolution fund. The fund shall be used to provide alternative dispute resolution services to those parties in the sort of proceedings mentioned above and to fund a specialist to develop and implement an alternative dispute resolution program.

Circuit courts may enter into a multi-circuit agreement to jointly hire the specialist and to fund the specialist from the various dispute resolution funds.

From the funds collected under this act, each circuit or county where an alternative dispute resolution specialist has been appointed shall reimburse the state for actual costs of that portion of the salaries of such a specialist.