Introduced Version






HOUSE BILL No. 1617

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-2-6.2; IC 6-2.5-14; IC 6-8.1-1-1; IC 9-30-5-16.

Synopsis: Ignition interlock device and sales tax. Establishes the ignition interlock fund. Imposes an additional 1% sales and use tax on a passenger vehicle that gets less than 15 mpg. Provides that the additional revenue will be distributed to the ignition interlock fund and the public mass transportation fund. Provides that a court order granting probationary driving privileges to a person must prohibit the person from operating a motor vehicle unless the vehicle is equipped with an ignition interlock device if the person: (1) does not have a previous conviction for operating a vehicle or motorboat while intoxicated; or (2) has a previous conviction that occurred at least ten years before the conviction under consideration by the court. (Current law does not require a court order granting probationary driving privileges to a person who does not have a previous conviction for operating a vehicle or motorboat while intoxicated to prohibit the person from operating a motor vehicle unless the vehicle is equipped with an ignition interlock device.)

Effective: July 1, 2007.





Orentlicher




    January 23, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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.
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HOUSE BILL No. 1617



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles and to make an appropriation.

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

SOURCE: IC 5-2-6.2; (07)IN1617.1.1. -->     SECTION 1. IC 5-2-6.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 6.2. Ignition Interlock Fund
    Sec. 1. As used in this chapter, "ignition interlock device" has the meaning set forth under IC 9-13-2-76.
    Sec. 2. As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6-3.
    Sec. 3. As used in this chapter, "local governmental entities" has the meaning set forth under IC 5-2-6-1.
    Sec. 4. (a) The ignition interlock fund is established to provide local governmental entities with funds to assist with the administration costs associated with ignition interlock devices and costs associated with providing an ignition interlock device to an indigent person. The fund shall be administered by the institute and consists of:
        (1) revenues received under IC 6-2.5-14; and
        (2) any appropriations to the fund.
    (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.

     Sec. 5. The institute shall distribute money in the fund to local governmental entities in Indiana for the purpose of assisting local governmental entities with:
        (1) administration costs associated with ignition interlock devices; and
        (2) the costs associated with providing an ignition interlock device to an indigent person.

     Sec. 6. The institute may adopt rules under IC 4-22-2 and guidelines to implement this chapter.
SOURCE: IC 6-2.5-14; (07)IN1617.1.2. -->     SECTION 2. IC 6-2.5-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 14. Motor Vehicle Supplemental Sales and Use Tax
    Sec. 1. (a) As used in this chapter, "fuel economy" means the number of miles traveled by a qualified passenger vehicle per gasoline or special fuel consumed, as determined in subsection (b).
    (b) The number of miles traveled by a qualified passenger vehicle with a:
        (1) model year 2007 or earlier, is the average between the average city miles per gallon and the average highway miles per gallon; or
        (2) model year 2008 and thereafter, is the combined fuel economy;
as determined in the Fuel Economy Guide published by the United States Environmental Protection Agency and the United States Department of Energy.
    Sec. 2. As used in this chapter, "gasoline" has the meaning set forth in IC 6-6-1.1-103.
    Sec. 3. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105.
    Sec. 4. (a) As used in this chapter, "passenger vehicle" means any motor vehicle:
        (1) designed and used for carrying not more than fifteen (15) individuals;
        (2) that has a gross weight of less than ten thousand (10,000) pounds; and
        (3) not used for business purposes.
    (b) The term does not include:
        (1) pickup trucks;
        (2) recreational vehicles; or
        (3) vehicles used to provide public transportation for people or property.
    Sec. 5. As used in this chapter, "pickup truck" means a motor vehicle with an enclosed forward passenger compartment and an open rearward compartment used for the transportation of property.
    Sec. 6. As used in this chapter, "qualified passenger vehicle" means a passenger vehicle that has a fuel economy of fifteen (15) miles per gallon or less.
    Sec. 7. As used in this chapter, "recreational vehicle" has the meaning set forth in IC 9-13-2-150.
    Sec. 8. As used in this chapter, "special fuel" has the meaning set forth in IC 6-6-2.5-22.
    Sec. 9. This chapter applies to qualified passenger vehicles sold at retail as new vehicles after June 30, 2007.
    Sec. 10. In addition to the state gross retail tax imposed under IC 6-2.5-2-1 or the use tax imposed under IC 6-2.5-3-2, a motor vehicle supplemental sales and use tax is imposed on a transaction involving a qualified passenger vehicle. A qualified passenger vehicle is subject to the tax imposed by this chapter if the qualified motor vehicle is subject to tax imposed under IC 6-2.5-2-1 or IC 6-2.5-3-2.
    Sec. 11. The motor vehicle supplemental sales and use tax is measured by the gross retail income received in a retail unitary transaction at a rate of one percent (1%).

     Sec. 12. The motor vehicle supplemental sales and use tax shall be imposed, exempted, credited, paid, and collected in the same manner that the state gross retail tax is imposed, exempted, credited, paid, and collected. However, the return to be filed for the payment of the tax under this chapter may be made separately or may be combined with the return filed for the payment of the state gross retail tax, as prescribed by the department.
     Sec. 13. (a) The department shall account for all motor vehicle supplemental sales and use tax that the department collects.
    (b) The department shall deposit collections under subsection (a) in the following manner:
        (1) Eighty-five percent (85%) of the collections shall be paid into the ignition interlock fund established by IC 5-2-6.2-3.
        (2) Fifteen percent (15%) of the collections shall be paid into

the public mass transportation fund established by IC 8-23-3-8.

SOURCE: IC 6-8.1-1-1; (07)IN1617.1.3. -->     SECTION 3. IC 6-8.1-1-1, AS AMENDED BY P.L.162-2006, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. "Listed taxes" or "taxes" includes only the pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the river boat admissions tax (IC 4-33-12); the river boat wagering tax (IC 4-33-13); the gross income tax (IC 6-2.1) (repealed); the utility receipts and utility services use taxes (IC 6-2.3); the state gross retail and use taxes (IC 6-2.5); the motor vehicle supplemental sales and use tax (IC 6-2.5-14); the adjusted gross income tax (IC 6-3); the supplemental net income tax (IC 6-3-8) (repealed); the county adjusted gross income tax (IC 6-3.5-1.1); the county option income tax (IC 6-3.5-6); the county economic development income tax (IC 6-3.5-7); the municipal option income tax (IC 6-3.5-8); the auto rental excise tax (IC 6-6-9); the financial institutions tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the alternative fuel permit fee (IC 6-6-2.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel tax (IC 6-6-4.1); a motor fuel tax collected under a reciprocal agreement under IC 6-8.1-3; the motor vehicle excise tax (IC 6-6-5); the commercial vehicle excise tax (IC 6-6-5.5); the hazardous waste disposal tax (IC 6-6-6.6); the cigarette tax (IC 6-7-1); the beer excise tax (IC 7.1-4-2); the liquor excise tax (IC 7.1-4-3); the wine excise tax (IC 7.1-4-4); the hard cider excise tax (IC 7.1-4-4.5); the malt excise tax (IC 7.1-4-5); the petroleum severance tax (IC 6-8-1); the various innkeeper's taxes (IC 6-9); the various food and beverage taxes (IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil inspection fee (IC 16-44-2); the emergency and hazardous chemical inventory form fee (IC 6-6-10); the penalties assessed for oversize vehicles (IC 9-20-3 and IC 9-30); the fees and penalties assessed for overweight vehicles (IC 9-20-4 and IC 9-30); the underground storage tank fee (IC 13-23); the solid waste management fee (IC 13-20-22); and any other tax or fee that the department is required to collect or administer.
SOURCE: IC 9-30-5-16; (07)IN1617.1.4. -->     SECTION 4. IC 9-30-5-16, AS AMENDED BY P.L.172-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) Except as provided in subsections (b) and (c) and section 10 of this chapter, the court may, in granting probationary driving privileges under this chapter, also order that the probationary driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
    (b) An order granting probationary driving privileges:
        (1) under:
            (A) section 12(a) of this chapter; if the person has a previous conviction that occurred at least ten (10) years before the conviction under consideration by the court; or
            (B) section 12(c) of this chapter; or
        (2) to a person who has a prior unrelated conviction for an offense under this chapter of which the consumption of alcohol is an element;
must prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. However, a court is not required to order the installation of an ignition interlock device for a person described in subdivision (1) or (2) if the person is successfully participating in a court supervised alcohol treatment program in which the person is taking disulfiram or a similar substance that the court determines is effective in treating alcohol abuse.
    (c) A court may not order the installation of an ignition interlock device on a vehicle operated by an employee to whom any of the following apply:
        (1) Has been convicted of violating section 1 or 2 of this chapter.
        (2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
        (3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.
SOURCE: ; (07)IN1617.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2007] IC 6-8.1-1-1, as amended by this act, and IC 6-2.5-14, as added by this act, apply to retail transactions that occur after June 30, 2007.