SB. 516

VETOES

(C) (1) ON RECEIPT OF A CIVIL ACTION FILED ON BEHALF OF A PRISONER,
THE CLERK SHALL ISSUE A CONSENT FORM TO THE PRISONER FOR THE
COLLECTION OF THE COURT'S FILING FEE.

(2) THE CONSENT FORM SHALL CONTAIN:

(I) A STATEMENT OF THE COURTS FILING FEE;

(II) A STATEMENT THAT THE PRISONER IMMEDIATELY
AUTHORIZES THE PRISONER'S CUSTODIAN TO FORWARD TO THE CLERK FOR
APPLICATION TOWARD PAYMENT OF THE FEE ALL MONEYS CURRENTLY IN THE
PRISONER'S ACCOUNT THAT ARE NOT BELOW THE WELFARE COMMISSARY LEVEL;

AND

(III) A SIGNATURE LINE FOR THE PRISONER TO SIGN THE CONSENT
FORM.

(3) (I) ON RECEIPT OF A CONSENT FORM SIGNED BY THE PRISONER,
THE CLERK SHALL FORWARD A COPY OF THE CONSENT FORM TO THE CUSTODIAN.

(II) ON RECEIPT OF THE SIGNED CONSENT FORM FROM THE
CLERK, THE CUSTODIAN SHALL REMIT TO THE CLERK THE FULL FEE DUE IF THE
PRISONER'S ACCOUNT HAS SUFFICIENT FUNDS ABOVE THE WELFARE COMMISSARY
LEVEL OR ALL FUNDS ABOVE THE WELFARE COMMISSARY LEVEL IF INSUFFICIENT
FUNDS FOR FULL PAYMENT ARE AVAILABLE.

(III) 1. IF THE PRISONER DOES NOT HAVE SUFFICIENT FUNDS
FOR THE FULL FILING FEE IN THE PRISONER'S ACCOUNT, THE CUSTODIAN SHALL
FORWARD TO THE CLERK ALL FUNDS IN THE PRISONER'S ACCOUNT UP TO THE
WELFARE COMMISSARY LEVEL AND THE CLERK SHALL APPLY THE SUM AGAINST
THE FULL FILING FEE.

2. SUBSEQUENT TO THE CUSTODIAN TAKING ACTION
UNDER ITEM J OF THIS SUBPARAGRAPH, THE CUSTODIAN SHALL, ON A MONTHLY
BASIS, SEND TO THE CLERK ALL FUNDS ABOVE THE WELFARE COMMISSARY LEVEL
UNTIL THE FULL TILING FEE IS PAID.

(4) THE CUSTODIAN MAY SET ASIDE OR FREEZE ANY MONEY
DEPOSITED INTO THE PRISONER'S ACCOUNT FOR FORWARDING TO THE CLERK
EACH TIME THE PRISONER'S ACCOUNT BALANCE EXCEEDS THE WELFARE
COMMISSARY LEVEL

(5) A COURT SHALL DISMISS A CIVIL ACTION THAT IS FILED BY A
PRISONER WHO DOES NOT SIGN AND RETURN THE CONSENT FORM AS REQUIRED
UNDER THIS SUBSECTION.

(D) (C) A COURT MAY WAIVE PAYMENT OF THE ENTIRE REQUIRED FILING
FEE FOR A CIVIL ACTION FILED BY A PRISONER ONLY ON A WRITTEN SHOWING
UNDER OATH BY THE PRISONER THAT:

(1)      THE PRISONER IS INDIGENT;

(2)      THE ISSUE PRESENTED IS OF SERIOUS CONCERN;

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