January 18, 2001, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 112th General Assembly (2001)
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 2000 General Assembly.
SENATE BILL No. 394
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:
SECTION 1.
IC 13-11-2-231
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 231. (a) "Tire", for
purposes of:
(1)
IC 13-20-13
; except as provided in subsection (b); and
(2)
IC 13-20-14
;
means a continuous solid or pneumatic rubber covering that is designed
to encircle a wheel of a motor vehicle (as defined in
IC 9-13-2-105
(a)).
(b) "Tire", for purposes of IC 13-20-13-7, means a continuous solid
or pneumatic rubber covering that is designed to encircle a wheel of a
vehicle.
SECTION 2.
IC 13-11-2-245
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 245. (a) "Vehicle", for
purposes of
IC 13-17-5
, refers to a vehicle required to be registered
with the bureau of motor vehicles and required to have brakes. The
term does not include the following:
(1) Farm tractors.
(2) Implements of husbandry.
(3) Farm tractors used in transportation.
(4) Mobile homes (house trailers).
(5) Trailers weighing not more than three thousand (3,000)
pounds.
(6) Antique motor vehicles.
(b) "Vehicle", for purposes of
IC 13-18-12
, means a device used to
transport a tank.
(c) "Vehicle", for purposes of
IC 13-20-4
, refers to a municipal
waste collection and transportation vehicle.
(d) "Vehicle", for purposes of IC 13-20-13-7, means a motor vehicle
and types of equipment, machinery, implements, or other devices used
in transportation, manufacturing, agriculture, construction, or mining.
The term does not include the following:
(1) A lawn and garden tractor that is propelled by a motor of not
more than twenty (20) horsepower.
(2) A semitrailer.
(e) (d) "Vehicle", for purposes of
IC 13-20-14
, has the meaning set
forth in
IC 9-13-2-196.
SECTION 3.
IC 13-20-13-8
, AS AMENDED BY P.L.1-1999,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8. (a) Except as provided in subsection (d)(2),
(d)(3), (d)(5), and (d)(6),
and (d)(7) the waste tire management fund
is established for the following purposes:
(1) Thirty-five percent (35%) of the money deposited in the fund
each 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 percent (65%) of the money deposited in the fund
each 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) (2) 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) (3) Fees established by the general assembly for the purposes
of this chapter.
(5) (4) Appropriations made by the general assembly.
(6) (5) 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) (6) 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.
SECTION 4.
IC 13-20-13-7
IS REPEALED [EFFECTIVE JULY 1,
2001].