SB 44-5_ Filed 02/21/2000, 07:22

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______




    I move that Engrossed Senate Bill 44 be amended to read as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
     "SECTION 1. IC 13-14-12-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The officials collecting the following shall remit the money to the treasurer of state:
        (1) Money collected under the following:
            (A) IC 13-30-4-1.
            (B) IC 13-30-4-2.
            (C) IC 13-30-5-1.
        (2) Fees collected under IC 13-16-1-2 through IC 13-16-1-5.
        (3) Fees collected under IC 13-22-4-5.
         (4) Environmental enforcement fees ordered under IC 13-30-6-8.
    (b) The treasurer of state shall credit the money to the environmental management special fund.
    SECTION 2. IC 13-30-6-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section applies to a criminal violation under section 1 or 3 of this chapter.
    (b) In addition to any sentence imposed under this chapter, sentence imposed under IC 35-50, and restitution ordered imposed under IC 35-50-5-3, the court may, as a condition of probation or without placing a person on probation, order the person to
pay an environmental enforcement fee to the state.
    (c) The amount of the fee imposed under this section may not exceed the greater of the following:
        (1) Twenty-five thousand dollars ($25,000) for each day that

the person committed the violation, if the person does not have a previous unrelated conviction under IC 13-30-6-1, 13-30-6-3, or IC 13-7-13-3 (before its repeal).
        (2) Fifty thousand dollars ($50,000) for each day that the person committed the violation, if the person has a previous unrelated conviction under IC 13-30-6-1,  IC 13-30-6-2, IC 13-30-6-3, or IC 13-7-13-3 (before its repeal).
    (d) An order issued under this section is a judgment lien that:
        (1) attaches to the property of the person subject to the order;
        (2) may be perfected;
        (3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
        (4) expires;
in the same manner as a judgment lien created in a civil proceeding.
    (e) When an order is issued under this section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the offense was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-17-2-3.
    (f) An order under this section does not bar a civil action for damages incurred by:
        (1) the state that are payable to any fund other than the environmental management special fund; and
        (2) a person other than the state.
    (g) An order under this section is not discharged by the:
        (1) completion of a sentence imposed for the violation; or
        (2) liquidation of a person's estate by a receiver under IC 34-48-1, IC 34-48-4, IC 34-48-5, and IC 34-48-6 (or IC 34-1-12 and IC 34-2-7 before their repeal).
    (h) The clerk of the court shall deposit fees collected under this section with the treasurer of state under IC 13-14-12-1.
    Page 2, after line 8 , begin a new paragraph and insert:
    "SECTION 4. [EFFECTIVE UPON PASSAGE] (a) IC 13-30-6-8 as added by this act, applies only to a violation occurring after the effective date of the provision of this act adding IC 13-30-6-8."
Renumber all SECTIONS consecutively .
(Reference is to ESB 44 as printed February 17, 2000.)


Representative ATTERHOLT

RH 004405/DI lh