Introduced Version






HOUSE BILL No. 1076

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-14-1; IC 9-18; IC 9-23-2-13; IC 9-24-6-19; IC 9-27; IC 9-29; IC 33-37-7-9.

Synopsis: State police and BMV funding. Removes references to funding from the motor vehicle highway account fund for the state police and the bureau of motor vehicles. Changes the deposit of various motor vehicle related fees and penalties from the motor vehicle highway account fund to the state general fund. Changes the deposit of part of the court fees from the motor vehicle highway account fund to the state general fund.

Effective: July 1, 2013.





Ober




    January 7, 2013, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 118th General Assembly (2013)


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 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1076



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

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

SOURCE: IC 8-14-1-2; (13)IN1076.1.1. -->     SECTION 1. IC 8-14-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. It is hereby declared to be the policy of the state of Indiana that:
        (1) the net amount in the motor vehicle highway account shall be budgeted for programs of traffic safety and for the construction, reconstruction, improvement, and maintenance and policing of the highways of the state;
        (2) a fair distribution thereof shall be made between the department and subordinate political subdivisions having jurisdiction of highways of the state;
        (3) the funds allotted shall be used in accordance with the policy herein declared and the provisions of this chapter; and
        (4) the funds allocated to counties, cities, and towns from such motor vehicle highway account shall be budgeted as provided by law, and such county budgets shall be referred to the county council for approval, revision, or reduction.
SOURCE: IC 8-14-1-3; (13)IN1076.1.2. -->     SECTION 2. IC 8-14-1-3 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 3. The money collected for the motor vehicle highway account fund and remaining after refunds and the payment of all expenses incurred in the collection thereof, and after the deduction of the amount appropriated to the department for traffic safety and after the deduction of one-half (1/2) of the amount appropriated for the state police department, shall be allocated to and distributed among the department and subdivisions designated as follows:
        (1) Of the net amount in the motor vehicle highway account the auditor of state shall set aside for the cities and towns of the state fifteen percent (15%) thereof. This sum shall be allocated to the cities and towns upon the basis that the population of each city and town bears to the total population of all the cities and towns and shall be used for the construction or reconstruction and maintenance of streets and alleys and shall be annually budgeted as now provided by law. However, no part of such sum shall be used for any other purpose than for the purposes defined in this chapter. If any funds allocated to any city or town shall be used by any officer or officers of such city or town for any purpose or purposes other than for the purposes as defined in this chapter, such officer or officers shall be liable upon their official bonds to such city or town in such amount so used for other purposes than for the purposes as defined in this chapter, together with the costs of said action and reasonable attorney fees, recoverable in an action or suit instituted in the name of the state of Indiana on the relation of any taxpayer or taxpayers resident of such city or town. A monthly distribution thereof of funds accumulated during the preceding month shall be made by the auditor of state.
        (2) Of the net amount in the motor vehicle highway account, the auditor of state shall set aside for the counties of the state thirty-two percent (32%) thereof. However, as to the allocation to cities and towns under subdivision (1), and as to the allocation to counties under this subdivision in the event that the amount in the motor vehicle highway account fund remaining after refunds and the payment of all expenses incurred in the collection thereof and after deduction of any amount appropriated by the general assembly to the department for public traffic safety and policing shall be is less than twenty-two million six hundred and fifty thousand dollars ($22,650,000), in any fiscal year then the amount so set aside in the next calendar year for distributions to counties shall be reduced fifty-four percent (54%) of such deficit and the amount so set aside for distribution in the next calendar year to

cities and towns shall be reduced thirteen percent (13%) of such deficit. Such reduced distributions shall begin with the distribution January 1 of each year.
        (3) The amount set aside for the counties of the state under the provisions of subdivision (2) shall be allocated monthly upon the following basis:
            (A) Five percent (5%) of the amount allocated to the counties to be divided equally among the ninety-two (92) counties.
            (B) Sixty-five percent (65%) of the amount allocated to the counties to be divided on the basis of the ratio of the actual miles, now traveled and in use, of county roads in each county to the total mileage of county roads in the state, which shall be annually determined, accurately, by the department.
            (C) Thirty percent (30%) of the amount allocated to the counties to be divided on the basis of the ratio of the motor vehicle registrations of each county to the total motor vehicle registration of the state.
        All money so distributed to the several counties of the state shall constitute a special road fund for each of the respective counties and shall be under the exclusive supervision and direction of the board of county commissioners in the construction, reconstruction, maintenance, or repair of the county highways or bridges on such county highways within such county.
        (4) Each month the remainder of the net amount in the motor vehicle highway account shall be credited to the state highway fund for the use of the department.
        (5) Money in the fund may not be used for any toll road or toll bridge project.
        (6) Notwithstanding any other provisions of this section, money in the motor vehicle highway account fund may be appropriated to the Indiana department of transportation from the forty-seven percent (47%) distributed to the political subdivisions of the state to pay the costs incurred by the department in providing services to those subdivisions.
        (7) Notwithstanding any other provisions of this section or of IC 8-14-8, for the purpose of maintaining a sufficient working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects, money may be appropriated to the Indiana department of transportation as follows:
            (A) One-half (1/2) from the forty-seven percent (47%) set aside under subdivisions (1) and (2) for counties and for those

cities and towns with a population greater than five thousand (5,000).
            (B) One-half (1/2) from the distressed road fund under IC 8-14-8.

SOURCE: IC 9-18-8-16; (13)IN1076.1.3. -->     SECTION 3. IC 9-18-8-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) A person who operates a motor vehicle on which the identification number has been removed, defaced, destroyed, obliterated, or concealed, when application has not been made to the bureau for permission to put on a new number, commits a Class C infraction.
    (b) If a person who violates subsection (a) cannot, to the satisfaction of the court, establish the person's ownership of the motor vehicle, the motor vehicle shall be confiscated by the court and sold. The proceeds from the sale shall be used to pay the fine and costs of prosecution, and the balance, if any, shall be deposited in the motor vehicle highway account state general fund.
    (c) If the fine and costs are not paid within thirty (30) days after judgment is rendered under this section, the court shall proceed to advertise and sell the motor vehicle in the manner provided by law for the sale of personal property under execution.
    (d) If at any time the motor vehicle remains in the custody of the court or the court's officers under this section the owner appears and establishes the owner's title to the motor vehicle to the satisfaction of the court, the motor vehicle shall be returned to the owner. The owner shall then make application for and may obtain an identification number and a title as provided in IC 9-17-4. The owner may then use the motor vehicle upon proper registration.
SOURCE: IC 9-18-15-13.5; (13)IN1076.1.4. -->     SECTION 4. IC 9-18-15-13.5, AS ADDED BY P.L.233-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13.5. The bureau shall:
        (1) deduct thirty-seven dollars ($37) of the fee collected for an initial or a renewal application for a personalized license plate; and
        (2) deposit:
            (A) seven dollars ($7) of the fee described in subdivision (1) in the motor vehicle highway account established under IC 8-14-1; state general fund; and
            (B) thirty dollars ($30) of the fee described in subdivision (1) as a service charge into the state license branch fund established by IC 9-29-14-1.
SOURCE: IC 9-23-2-13; (13)IN1076.1.5. -->     SECTION 5. IC 9-23-2-13, AS AMENDED BY P.L.106-2008, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 13. Except as provided in IC 9-29-1-5 and IC 9-29-8-7, all revenues accruing to the secretary of state under this article shall be deposited in the motor vehicle highway account. state general fund.

SOURCE: IC 9-24-6-19; (13)IN1076.1.6. -->     SECTION 6. IC 9-24-6-19, AS AMENDED BY P.L.9-2010, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. (a) It is unlawful for a person to violate or fail to comply with an out-of-service order.
    (b) If a person operates a vehicle in violation of an out-of-service order, in addition to any other penalty imposed for violation of an out-of-service order under this chapter, the court shall impose a civil penalty in accordance with 49 CFR 383.53 as in effect July 1, 2010.
    (c) If an employer violates an out-of-service order, or knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, in addition to any other penalty imposed for violation of an out-of-service order under this chapter, the court shall impose a civil penalty on the employer in accordance with 49 CFR 383.53 as in effect July 1, 2010.
    (d) All civil penalties assessed under this section must be collected and transferred by the clerk of the court to the bureau. The bureau shall deposit the money in the motor vehicle highway account established by IC 8-14-1. state general fund.
    (e) A civil penalty assessed under this section is a judgment subject to proceedings supplemental by the bureau.
SOURCE: IC 9-27-2-13; (13)IN1076.1.7. -->     SECTION 7. IC 9-27-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) Driver safety specialists, acting for the bureau, may conduct schools, seminars, or other courses for the benefit of local units of government, other state agencies, federal agencies, organizations, or private businesses for the purpose of improving the state's traffic safety climate.
    (b) The bureau may impose a fee on participating individuals or groups at a rate adequate to reimburse the state for the direct cost to the state of conducting the educational programs.
    (c) The bureau may enter into agreements as needed to meet the purposes of this chapter.
    (d) The revenue collected for the purpose of reimbursing the state for the direct costs of the educational programs shall be deposited in the motor vehicle highway account established under IC 8-14-1. state general fund.
SOURCE: IC 9-27-6-9; (13)IN1076.1.8. -->     SECTION 8. IC 9-27-6-9, AS ADDED BY P.L.145-2011, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) A license issued under section 6 or 7 of this

chapter or an endorsement issued under section 8 of this chapter expires on the last day of the fiscal year and may be renewed upon application to the bureau.
    (b) The fee for a license issued under section 6 or 7 of this chapter or an endorsement issued under section 8 of this chapter must be prescribed by rule under section 11(1) of this chapter.
    (c) A license or endorsement fee may not be refunded if the license or endorsement application is rejected or the license is suspended or revoked.
    (d) A license or endorsement fee collected under this section shall be deposited in the motor vehicle highway account fund established under IC 8-14-1. state general fund.

SOURCE: IC 9-29-1-1; (13)IN1076.1.9. -->     SECTION 9. IC 9-29-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. Except as provided in sections 2 through 4 of this chapter, all money collected by the bureau under IC 9-14-5, IC 9-18-2, IC 9-18-5, IC 9-18-6, IC 9-18-7, IC 9-18-9, IC 9-18-10, IC 9-18-11, IC 9-18-16, IC 9-24-3, IC 9-24-4, IC 9-24-5, IC 9-24-7, IC 9-24-8, IC 9-24-10, IC 9-24-11, IC 9-24-12, IC 9-24-13, and IC 9-24-14 shall be deposited daily with the treasurer of state and credited to the motor vehicle highway account established under IC 8-14-1. state general fund.
SOURCE: IC 9-29-1-4; (13)IN1076.1.10. -->     SECTION 10. IC 9-29-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A public service fee of twenty-five cents ($0.25) is imposed. The public service fee shall be collected in addition to all registration fees collected under IC 9-18.
    (b) Money collected under subsection (a) shall be deposited in the state police building account. Money in the account:
        (1) does not revert to the state general fund, or the motor vehicle highway account, except as provided under subsection (c); and
        (2) shall be expended for the following:
            (A) The construction, maintenance, leasing, and equipping of state police facilities.
            (B) Other projects provided for by law.
    (c) At the end of each state fiscal year, the auditor of state shall transfer to the state general fund the balance in the state police building account that is in excess of appropriations made for the construction, maintenance, leasing, or equipping of state police facilities and other projects provided for by law.
    (d) Transfers under subsection (c) shall be made until one million five hundred thousand dollars ($1,500,000) has been transferred to the state general fund.
SOURCE: IC 9-29-1-5; (13)IN1076.1.11. -->     SECTION 11. IC 9-29-1-5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. All money in the motor vehicle odometer fund shall be allocated each July as follows:
        (1) Forty percent (40%) is to be deposited in the motor vehicle highway account (IC 8-14-1). state general fund.
        (2) Thirty percent (30%) is to be appropriated to the bureau for use in enforcing odometer laws.
        (3) Twenty percent (20%) is to be appropriated to the state police for use in enforcing odometer laws.
        (4) Ten percent (10%) is to be appropriated to the attorney general for use in enforcing odometer laws.

SOURCE: IC 9-29-1-6; (13)IN1076.1.12. -->     SECTION 12. IC 9-29-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. If a person who holds a certificate of registration and a license plate under this title has:
        (1) been charged by the bureau a fee higher than that required by law; and
        (2) has paid the higher fee;
the person shall be refunded the amount of the overcharge by a warrant issued by the auditor of state drawn on the treasurer of state after the person presents a request for the refund of the overcharge on a form furnished by the bureau. The amount of the refund shall be charged to the motor vehicle highway account. state general fund.
SOURCE: IC 9-29-1-9; (13)IN1076.1.13. -->     SECTION 13. IC 9-29-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. The bureau may expend out of the motor vehicle highway account state general fund an amount sufficient to paint, cover, or treat all motor vehicle license plates with luminescent or reflectorizing paint or material.
SOURCE: IC 9-29-4-7; (13)IN1076.1.14. -->     SECTION 14. IC 9-29-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Except as provided in subsection (b), fees for titles collected or documents furnished under this chapter shall be paid into the state general fund. for credit to the motor vehicle highway account.
    (b) Fees from dealers for titles collected under this chapter shall be credited to the motor vehicle odometer fund and allocated under IC 9-29-1-5.
SOURCE: IC 9-29-5-2; (13)IN1076.1.15. -->     SECTION 15. IC 9-29-5-2, AS AMENDED BY P.L.145-2011, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This subsection expires December 31, 2011. The fee for the registration of a motorcycle is seventeen dollars and thirty cents ($17.30). 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) Thirty cents ($0.30) 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.
    (b) This subsection applies after December 31, 2011. The fee for the registration of a motorcycle is seventeen dollars and thirty cents ($17.30). The revenue from this fee shall be allocated as follows:
        (1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 9-27-7-7.
        (2) An amount prescribed as a license branch service charge under IC 9-29-3.
        (3) Thirty cents ($0.30) 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 9-29-5-32.5; (13)IN1076.1.16. -->     SECTION 16. IC 9-29-5-32.5, AS AMENDED BY P.L.79-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 32.5. The fee for a personalized license plate under IC 9-18-15 or for the registration and display of an authentic license plate for the model year of an antique motor vehicle under IC 9-18-12-2.5 is as follows:
        (1) The applicable excise tax imposed under IC 6-6-5.
        (2) The regular vehicle registration fee imposed under this chapter.
        (3) A state fee of seven dollars ($7) for the motor vehicle highway account established under IC 8-14-1. state general fund.
        (4) A service charge of thirty dollars ($30) for the state license branch fund established by IC 9-29-14-1.
SOURCE: IC 9-29-5-43; (13)IN1076.1.17. -->     SECTION 17. IC 9-29-5-43, AS AMENDED BY P.L.93-2010, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 43. (a) Except as otherwise provided by this chapter, subsection (b), subsection (c), and IC 9-29-1-2, registration fees collected under this chapter shall be paid into the state general fund. for credit to the motor vehicle highway account.
    (b) Fees collected under this chapter for license plates issued under IC 9-18-26 by the secretary of state shall be deposited as follows:
        (1) Thirty percent (30%) to the dealer compliance account established by IC 9-23-2-18.
        (2) Seventy percent (70%) to the motor vehicle highway account. state general fund.
    (c) Notwithstanding subsection (b), fees collected under this chapter for interim license plates issued under IC 9-18-26-10 by the secretary of state shall be deposited as follows:
        (1) Ninety percent (90%) to the dealer compliance account established by IC 9-23-2-18.
        (2) Ten percent (10%) to the motor vehicle highway account. state general fund.
SOURCE: IC 9-29-7-7; (13)IN1076.1.18. -->     SECTION 18. IC 9-29-7-7, AS AMENDED BY P.L.110-2006, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. The revenues from the:
        (1) certificate of salvage titles collected under IC 9-22-3; and
        (2) license fees collected under IC 9-22-4;
shall be deposited in the motor vehicle highway account. state general fund.
SOURCE: IC 9-29-8-7; (13)IN1076.1.19. -->     SECTION 19. IC 9-29-8-7, AS AMENDED BY P.L.147-2009, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. All money collected by the secretary of state from manufacturers, factory branches, distributors, distributor branches, dealers, automobile auctioneers, factory representatives, distributor representatives, wholesale dealers, transfer dealers, converter manufacturers, automotive mobility dealers, or brokers for licenses and permit fees under IC 9-23-2 shall be deposited as follows:
        (1) Thirty percent (30%) to the dealer compliance account established by IC 9-23-2-18.
        (2) Forty percent (40%) to the motor vehicle highway account. state general fund.
        (3) Twenty percent (20%) to the state police department for use in enforcing odometer laws.
        (4) Ten percent (10%) to the attorney general for use in enforcing odometer laws.
SOURCE: IC 9-29-9-12; (13)IN1076.1.20. -->     SECTION 20. IC 9-29-9-12, AS AMENDED BY P.L.45-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The fee for a motorcycle operational skills test administered under IC 9-24-8 is as follows:
        (1) For tests given by state employees, the fee is five dollars ($5) and shall be deposited in the motor vehicle highway account under IC 8-14-1. state general fund.
        (2) For tests given by a contractor approved by the bureau, the fee is:
            (A) determined under rules adopted by the bureau under

IC 4-22-2 to cover the direct costs of administering the test; and
            (B) paid to the contractor.

SOURCE: IC 9-29-12-4; (13)IN1076.1.21. -->     SECTION 21. IC 9-29-12-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. License fees collected under this chapter shall be deposited in the motor vehicle highway account under IC 8-14-1. state general fund.
SOURCE: IC 33-37-7-9; (13)IN1076.1.22. -->     SECTION 22. IC 33-37-7-9, AS AMENDED BY P.L.229-2011, SECTION 262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state nine million two hundred seventy-seven thousand twenty-three dollars ($9,277,023) for distribution under subsection (b).
    (b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
        (1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to eight and three-hundredths percent (8.03%);
        (2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-eight and fifty-five hundredths percent (38.55%);
        (3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and fifty-six hundredths percent (2.56%);
        (4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to ten and twenty-seven hundredths percent (10.27%);
        (5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and ninety-three hundredths percent (11.93%);
        (6) the motor vehicle highway account state general fund an amount equal to nineteen and forty-nine hundredths percent (19.49%);
        (7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%);
        (8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and sixty-three hundredths percent (1.63%); and
        (9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment,

analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to seven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
    (c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1 three million seven hundred thousand dollars ($3,700,000).