Introduced Version
SENATE BILL No. 53
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-8-2; IC 14-19-3-6.
Synopsis: County option surcharges on state park fees. Allows a
county containing a state park, forest, game preserve, recreation area,
or reservoir to impose a 5% surcharge on fees collected within the park,
forest, game preserve, recreation area, or reservoir. Requires that
proceeds of the surcharge be used to assist a unit of local government
that provides police protection, fire protection, emergency medical
services, or road repairs to the park or other area. Provides that the
surcharge may not be collected on property owned by the United States
Army Corps of Engineers unless approved by the Army Corps of
Engineers.
Effective: July 1, 2006.
Nugent
January 9, 2006, read first time and referred to Committee on Rules and Legislative
Procedure.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 53
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-7.5; (06)IN0053.1.1. -->
SECTION 1. IC 14-8-2-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7.5. "Annual pass", for
the purposes of IC 14-8-2-87.8 and IC 14-19-3-5, has the meaning set
forth in IC 14-19-3-5(a).
SOURCE: IC 14-8-2-87.8; (06)IN0053.1.2. -->
SECTION 2. IC 14-8-2-87.8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 87.8. (a) "Fees", for purposes of IC 14-19-3-6, means
fees that are paid upon or after entering a state forest, game
preserve, park, recreation area, or reservoir.
(b) The term includes:
(1) entrance or admission fees;
(2) rental fees, including fees for campsites and shelters; and
(3) the fee for an annual pass or a Golden Hoosier Passport
purchased at a state forest, game preserve, park, recreation
area, or reservoir.
(c) The term does not include amounts paid for food, lodging, or
gift shop purchases at a state park inn or other facility operated by
a contractual vendor.
SOURCE: IC 14-8-2-289; (06)IN0053.1.3. -->
SECTION 3. IC 14-8-2-289, AS AMENDED BY P.L.82-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 289. "Unit of local government", for purposes of
IC 14-12-1, IC 14-19-3, and IC 14-22-10, means a:
(1) county;
(2) city;
(3) town; or
(4) township;
located in Indiana.
SOURCE: IC 14-19-3-6; (06)IN0053.1.4. -->
SECTION 4. IC 14-19-3-6 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 6. (a) This section applies to a county containing all
or part of a state forest, game preserve, park, recreation area, or
reservoir under the jurisdiction of the department.
(b) The fiscal body of a county described in subsection (a) may
adopt an ordinance to impose a surcharge on all fees collected by
the department within the state forest, game preserve, park,
recreation area, or reservoir.
(c) If a county fiscal body adopts an ordinance under this
section:
(1) the county fiscal body shall notify the director of the
department; and
(2) the department shall report the surcharge collected under
the ordinance on forms approved by the county treasurer.
(d) The rate of a surcharge imposed under this section is five
percent (5%) of the gross income derived from fees collected by the
department within the state forest, game preserve, park, recreation
area, or reservoir.
(e) The department shall begin collecting a surcharge not later
than sixty (60) days after the department receives notice from the
county fiscal body that the county fiscal body has adopted an
ordinance under this section. The department shall pay the
surcharge collected during a month to the county treasurer not
later than the last day of the following month.
(f) If a state forest, game preserve, park, recreation area, or
reservoir is located in two (2) or more counties, the following
apply:
(1) The total surcharge on fees collected by the department
within the state forest, game preserve, park, recreation area,
or reservoir is five percent (5%) of the gross income derived
from fees collected by the department in the state forest, game
preserve, park, recreation area, or reservoir.
(2) If only one (1) county adopts an ordinance under this
section, all the surcharge proceeds shall be distributed to that
county.
(3) If more than one (1) county adopts an ordinance under
this section, the department shall apportion the proceeds of
the surcharge among the adopting counties. The share of each
adopting county shall be based on the ratio of the area of the
state forest, game preserve, park, recreation area, or
reservoir contained within the adopting county, as determined
by the department, to the total area of the state forest, game
preserve, park, recreation area, or reservoir contained within
all adopting counties.
A county must adopt an ordinance under this section to receive
proceeds of the surcharge.
(g) The surcharge proceeds collected by the department and
paid to the county treasurer shall be used in accordance with the
ordinance adopted under this section to assist a unit of local
government that provides:
(1) police protection;
(2) fire protection;
(3) services of emergency medical technicians; or
(4) road repairs;
to the state forest, game preserve, park, recreation area, or
reservoir under the jurisdiction of the department.
(h) The surcharge allowed by this section applies only to gross
income derived from fees collected by the department within the
state forest, game preserve, park, recreation area, or reservoir and
is in addition to any applicable tax.
(i) If the department maintains and operates a state forest, game
preserve, park, recreation area, or reservoir under a lease
arrangement with the United States Army Corps of Engineers, the
department may not collect a surcharge on fees collected within the
state forest, game preserve, park, recreation area, or reservoir
under this section unless the collection of the surcharge has been
approved by the United States Army Corps of Engineers.