Reprinted

January 29, 2002





HOUSE BILL No. 1221

_____


DIGEST OF HB 1221 (Updated January 28, 2002 3:58 PM - DI 69)



Citations Affected: IC 6-6; IC 14-9.

Synopsis: Lake and river enhancement fee and fund. Makes the department of natural resources (DNR) lake and river enhancement fee: (1) $7 for a boat that is less than 16 feet in length; (2) $9 for a boat that is at least 16 feet in length but not more than 20 feet in length; and (3) $12 for a boat that is more than 20 feet in length. Requires one-third of the revenue from this fee to be allocated for DNR law enforcement activities, including deposit of the money in a fund that provides grants to counties with special boat patrol needs. Requires one-third of the revenue from this fee to be allocated for DNR lake projects.

Effective: July 1, 2002.





Adams T, Kruse, Leuck




    January 10, 2002, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    January 24, 2002, amended, reported _ Do Pass.
    January 28, 2002, read second time, amended, ordered engrossed.





Reprinted

January 29, 2002

Second Regular Session 112th General Assembly (2002)


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 2001 General Assembly.

HOUSE BILL No. 1221



    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 6-6-11-12; (02)HB1221.2.1. -->     SECTION 1. IC 6-6-11-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) In addition to paying the boat excise tax, a boat owner shall complete a form and pay a department of natural resources fee for each boat required to have boat excise decals. The fee is five dollars ($5) for each boating year. However, the fee is waived for the boating year in which the registration fee prescribed by IC 9-29-15 is paid for that boat. The revenue from the fees collected under this chapter shall be transferred to the department of natural resources, as provided in section 29 of this chapter.
    (b) In addition to the boat excise tax and the department of natural resources fee, a boat owner shall pay to the department of natural resources a five dollar ($5) lake and river enhancement fee for each boat required to have boat excise decals as follows:
        (1) For a boat that is less than sixteen (16) feet in length, seven dollars ($7).
        (2) For a boat that is:
            (A) at least sixteen (16) feet in length; and
            (B) not more than twenty (20) feet in length;
        nine dollars ($9).
        (3) For a boat that is more than twenty (20) feet in length, twelve dollars ($12).

The revenue from the lake and river enhancement fee shall be deposited in the lake and river enhancement fund established by section 12.5 of this chapter.
SOURCE: IC 6-6-11-12.5; (02)HB1221.2.2. -->     SECTION 2. IC 6-6-11-12.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12.5. (a) The lake and river enhancement fund is established and allocated for the purpose of paying following purposes:
        (1) One third (1/3) of the fund shall be used to pay
costs incurred by the department of natural resources in implementing the lake and river enhancement projects required by IC 14-32-7-12(b)(7).
        (2) One third (1/3) of the fund shall be used to pay for activities of the law enforcement division of the department of natural resources established under IC 14-9-8, including the use described in IC 14-9-9-5.
        (3) One third (1/3) of the fund shall be used by the department of natural resources to pay for lake projects, including projects to:
            (A) remove sediment; or
            (B) control exotic or invasive plants or animals.

    (b) The fund shall be administered by the director of the department of natural resources.
    (c) Expenses of administering the fund shall be paid from money in the fund.
    (d) The fund consists of the revenue from the lake and river enhancement fee paid by boat owners under IC 6-6-11-12(b). section 12(b) of this chapter.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) With the approval of the governor and the budget agency, the money in the fund allocated under subsection (a)(1) may be used to augment and supplement the funds appropriated for the implementation of lake and river enhancement projects required by IC 14-32-7-12(b)(7).
SOURCE: IC 14-9-9-5.5; (02)HB1221.2.3. -->     SECTION 3. IC 14-9-9-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5.5. The department may deposit in the fund revenue

allocated to the law enforcement division under IC 6-6-11-12.5(a)(2) from the lake and river enhancement fund.