Introduced Version






HOUSE BILL No. 1381

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-20-13.

Synopsis: New tire fee. Increases the fee on new tires from $0.25 to $1. Allocates 25% of the money deposited in the waste tire management fund to the department of environmental management for waste tire activities and 75% to the department of commerce for grants and loans for waste tire activities.

Effective: July 1, 2005.





Wolkins, Adams T, Welch




    January 13, 2005, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1381



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-20-13-7; (05)IN1381.1.1. -->     SECTION 1. IC 13-20-13-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) A fee of twenty-five cents ($0.25) one dollar ($1) is imposed on the sale of the following:
        (1) Each new tire that is sold at retail.
        (2) Each new tire mounted on a new vehicle sold at retail.
    (b) The person that sells the new tire or vehicle at retail to the ultimate consumer of the tire or vehicle shall collect the fee imposed by this section.
    (c) A person that collects a fee under subsection (b):
        (1) shall pay the fees collected under subsection (b):
            (A) to the department of state revenue; and
            (B) at the same time and in the same manner that the person pays the state gross retail tax collected by the person to the department of state revenue;
        (2) shall indicate on the return:
            (A) prescribed by the department of state revenue; and
            (B) used for the payment of state gross retail taxes;
        that the person is also paying fees collected under subsection (b); and
        (3) is entitled to deduct and retain one percent (1%) of the fees required to be paid to the department of state revenue under this subsection.
    (d) The department of state revenue shall deposit fees collected under this section in the waste tire management fund established by this chapter.
SOURCE: IC 13-20-13-8; (05)IN1381.1.2. -->     SECTION 2. IC 13-20-13-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7) the waste tire management fund is established for the following purposes:
        (1) Thirty-five Twenty-five percent (35%) (25%) of the money deposited in the fund after June 30, 2005, and in each subsequent year shall be used to assist the department:
            (A) in the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly;
            (B) in operating the waste tire education program under section 15 of this chapter; and
            (C) to pay the expenses of administering the programs described in clause (B).
        (2) Sixty-five Seventy-five percent (65%) (75%) of the money deposited in the fund after June 30, 2005, and in each subsequent year shall be used to assist the department of commerce:
            (A) in providing grants and loans to persons involved in waste tire management activities under section 9 of this chapter; and
            (B) to pay the expenses of administering the programs described in clause (A).
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (d) Sources of money for the fund are the following:
        (1) Fees paid under section 4(a)(6) of this chapter and IC 13-20-14-5(e).
        (2) Fees collected under section 7 of this chapter. All money deposited in the fund under this subdivision may be used by the department for waste reduction, recycling, removal, or remediation projects.
        (3) Costs and damages recovered from a person under section 14

of this chapter or IC 13-20-14-8. All money deposited in the fund under this subdivision may be used by the department for removal and remediation projects.
        (4) Fees established by the general assembly for the purposes of this chapter.
        (5) Appropriations made by the general assembly.
        (6) Gifts and donations intended for deposit in the fund. A gift or donation deposited in the fund under this subdivision may be specified to be entirely for the use of the department or the department of commerce.
        (7) Civil penalties collected under IC 13-30-4 for violations of:
            (A) this chapter;
            (B) IC 13-20-14; and
            (C) rules adopted under section 11 of this chapter and IC 13-20-14-6.
        All money deposited in the fund under this subdivision may be used by the department for waste tire removal and remediation projects.