January 25, 2008





HOUSE BILL No. 1318

_____


DIGEST OF HB 1318 (Updated January 24, 2008 8:24 am - DI 96)



Citations Affected: IC 9-29; IC 16-41; IC 33-37.

Synopsis: Funding for spinal cord and brain injury fund and law enforcement continuing education program court fee. Eliminates the $10 registration fee on motorcycles that is designated for deposit in the spinal cord and brain injury fund. Provides for a fee of fifty cents to be collected after December 31, 2008, for registration of certain vehicles, to be deposited in the spinal cord and brain injury fund. Repeals the law establishing the spinal cord and brain injury fund, and re-enacts the law under a different citation number to resolve a technical conflict between P.L.193-2007 and P.L.234-2007, which resulted in the addition of two different laws with the same citation number. Increases the law enforcement continuing education program fee from $3 to $4. Makes an appropriation.

Effective: July 1, 2008.





Mays , Crawford , Wolkins , Austin




    January 15, 2008, read first time and referred to Committee on Roads and Transportation.
    January 24, 2008, amended, reported _ Do Pass.






January 25, 2008

Second Regular Session 115th General Assembly (2008)


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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1318



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

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

SOURCE: IC 9-29-5-0.5; (08)HB1318.1.1. -->     SECTION 1. IC 9-29-5-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 0.5. (a) This section applies after December 31, 2008.
    (b) In addition to the fees to be collected for the registration of a vehicle as set forth in:
        (1) IC 9-29-5-1;
        (2) IC 9-29-5-2;
        (3) IC 9-29-5-3;
        (4) IC 9-29-5-5;
        (5) IC 9-29-5-7;
        (6) IC 9-29-5-8;
        (7) IC 9-29-5-9;
        (8) IC 9-29-5-10;
        (9) IC 9-29-5-18;
        (10) IC 9-29-5-28;
        (11) IC 9-29-5-30; and
        (12) IC 9-29-5-31;
the bureau shall collect an additional fee of fifty cents ($0.50) at the time of the registration.
    (c) The fee collected under subsection (b) shall be deposited into the spinal cord and brain injury fund under IC 16-41-42.2-3.

SOURCE: IC 9-29-5-1; (08)HB1318.1.2. -->     SECTION 2. IC 9-29-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. The annual registration fee for a passenger motor vehicle is twelve dollars ($12). and fifty cents ($12.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-2; (08)HB1318.1.3. -->     SECTION 3. IC 9-29-5-2, AS AMENDED BY P.L.234-2007, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) This subsection expires December 31, 2008. The fee for the registration of a motorcycle is twenty-seven dollars ($27). The revenue from this fee shall be allocated as follows:
        (1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 20-30-13-11.
        (2) An amount prescribed as a license branch service charge under IC 9-29-3.
        (3) Ten dollars ($10) to the spinal cord and brain injury fund under IC 16-41-42-4.
        (4) The balance to the state general fund for credit to the motor vehicle highway account.
     (b) This subsection applies after December 31, 2008. The fee for the registration of a motorcycle is seventeen dollars and fifty cents ($17.50). The revenue from this fee shall be allocated as follows:
        (1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 20-30-13-11.
        (2) An amount prescribed as a license branch service charge under IC 9-29-3.
        (3) Fifty cents ($0.50) to the spinal cord and brain injury fund under IC 16-41-42.2-3, as provided under section 0.5 of this chapter.
        (4) The balance to the state general fund for credit to the motor vehicle highway account.

SOURCE: IC 9-29-5-3; (08)HB1318.1.4. -->     SECTION 4. IC 9-29-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) Except as otherwise provided in this chapter, the annual registration fee for:
        (1) a truck subject to registration under IC 9-18; and
        (2) a tractor not used with a semitrailer, a traction engine, or other similar vehicle used for hauling purposes;
is as follows:
    Declared Gross Weight (Pounds)     Fee
    Greater than     Equal to or less than
    0     7,000     $ 20
    7,000     9,000     40
    9,000     10,000     70
     10,000     11,000     75
    11,000     16,000     135
    16,000     20,000     175
    20,000     23,000     235
    23,000     26,000     235
    26,000     30,000     295
    30,000     36,000     413
    36,000     42,000     506
    42,000     48,000     627
    48,000     54,000     730
    54,000     60,000     810
    60,000     66,000     858
    66,000          956
     (b) In addition to the annual registration fee set forth in subsection (a), an additional registration fee of fifty cents ($0.50) shall be collected after December 31, 2008, as set forth in section 0.5 of this chapter.
SOURCE: IC 9-29-5-5; (08)HB1318.1.5. -->     SECTION 5. IC 9-29-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) Except as otherwise provided in this chapter, the annual registration fee for a tractor used with a semitrailer is as follows, based on the declared gross weight of the tractor semitrailer combination:
    Declared Gross Weight (Pounds)     Fee
    Greater than     Equal to or less than
    0     20,000     $ 170
    20,000     26,000     310
    26,000     30,000     390
    30,000     36,000     495
    36,000     42,000     545
    42,000     48,000     660
    48,000     54,000     715
    54,000     60,000     800
    60,000     66,000     865
    66,000     72,000     975
    72,000     74,000     1,050
    74,000     76,000     1,165
    76,000     78,000     1,240
    78,000          1,350
    (b) In addition to the annual registration fee set forth in subsection (a), an additional registration fee of fifty cents ($0.50) shall be collected after December 31, 2008, as set forth in section 0.5 of this chapter.
SOURCE: IC 9-29-5-7; (08)HB1318.1.6. -->     SECTION 6. IC 9-29-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) Except as provided in section 0.5(b) of this chapter and subsection (b), the annual registration fee for each intercity bus or intracity bus is as follows:
    Declared Gross         Intercity     Intracity
    Weight (Pounds)         Fee     Fee
        Equal to
    Greater than    or less than
    0     11,000     $ 50     $ 10
    11,000     16,000     100     20
    16,000     20,000     125     25
    20,000     26,000     150     30
    26,000     30,000     220     44
    30,000     36,000     294     59
    36,000     42,000     382     72
    42,000     48,000     445     89
    48,000     54,000     540     108
    54,000     60,000     600     120
    60,000          660     132
    (b) An owner or a lessee of a fleet of intercity buses may register the fleet under and pay the fees provided in IC 9-18.
    (c) In addition to the annual registration fee set forth in subsection (a), an additional registration fee of fifty cents ($0.50) shall be collected after December 31, 2008, as set forth in section 0.5 of this chapter.
SOURCE: IC 9-29-5-8; (08)HB1318.1.7. -->     SECTION 7. IC 9-29-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. The annual registration fee for a school bus is twenty dollars ($20). and fifty cents ($20.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-9; (08)HB1318.1.8. -->     SECTION 8. IC 9-29-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) As used in this section, "church bus" means a bus that is:
        (1) owned and operated by a religious or nonprofit youth organization; and
        (2) used to transport persons to religious services or used for the benefit of the members of the religious or nonprofit youth organization.
    (b) The annual registration fee for a church bus is twenty dollars ($20). and fifty cents ($20.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-10; (08)HB1318.1.9. -->     SECTION 9. IC 9-29-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10. (a) As used in this section, "other bus" means a bus that is not a church bus, an intercity bus, an intracity bus, or a school bus.
    (b) The annual registration fee for any other bus is thirty dollars ($30). and fifty cents ($30.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-18; (08)HB1318.1.10. -->     SECTION 10. IC 9-29-5-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18. The fee for a recreational vehicle is twenty dollars ($20). and fifty cents ($20.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-28; (08)HB1318.1.11. -->     SECTION 11. IC 9-29-5-28, AS AMENDED BY P.L.79-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 28. Except as provided in IC 9-29-12-2.5(e) and section 32.5 of this chapter, the registration fee for an antique motor vehicle under IC 9-18-12 is twelve dollars ($12). and fifty cents ($12.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
SOURCE: IC 9-29-5-30; (08)HB1318.1.12. -->     SECTION 12. IC 9-29-5-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 30. (a) The registration fee for a recovery vehicle under IC 9-18-13 is as follows:
        (1) Class A recovery vehicle, five hundred dollars ($500).
        (2) Class B recovery vehicle, seventy-five dollars ($75).
    (b) A vehicle registered under IC 9-18-13 is not subject to any other registration fee under IC 9-18. However, a vehicle registered under IC 9-18-13 is subject to a tax or service charge and, after December 31, 2008, the fee set forth in section 0.5(b) of this chapter imposed on a vehicle registered under this title.
SOURCE: IC 9-29-5-31; (08)HB1318.1.13. -->     SECTION 13. IC 9-29-5-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 31. (a) The registration fee for a military vehicle under IC 9-18-14 is twelve dollars ($12). and fifty cents ($12.50), including after December 31, 2008, the fee set forth in section 0.5(b) of this chapter.
    (b) The bureau shall collect the fee in subsection (a) in addition to any excise tax imposed under IC 6-6-5.
SOURCE: IC 16-41-42.2-3; (08)HB1318.1.14. -->     SECTION 14. IC 16-41-42.2-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The spinal cord and brain

injury fund is established to fund research on spinal cord and brain injuries.
    (b) The fund shall be administered by the state department.
    (c) The fund consists of:
        (1) appropriations;
        (2) gifts and bequests;
        (3) fees deposited in the fund by law; and
        (4) grants received from the federal government or private sources.
    (d) The expenses of administering the fund shall be paid from money in the fund.
    (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) The money in the fund is continually appropriated to the state department to fund spinal cord and brain injury research programs.

SOURCE: IC 33-37-5-8; (08)HB1318.1.15. -->     SECTION 15. IC 33-37-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. (a) This section applies to criminal, infraction, and ordinance violation actions. However, it does not apply to a case excluded under IC 33-37-4-2(d).
    (b) The clerk shall collect the alcohol and drug services program fee set by the court under IC 12-23-14-16 in a county that has established an alcohol and drug services program.
    (c) In each action in which a defendant is found to have:
        (1) committed a crime;
        (2) violated a statute defining an infraction; or
        (3) violated an ordinance of a municipal corporation;
the clerk shall collect a law enforcement continuing education program fee of three four dollars ($3). ($4).
SOURCE: IC 16-41-42-3; (08)HB1318.1.16. -->     SECTION 16. IC 16-41-42-3, AS ADDED BY P.L.234-2007, SECTION 47, IS REPEALED [EFFECTIVE JULY 1, 2008].