Citations Affected:
IC 14-8-2
;
IC 14-19-3-6.
Synopsis: County option surcharges on state park fees. Allows a
county containing a state park, forest, game preserve, recreation area,
or reservoir to impose a surcharge on fees collected within the park or
other entity. Requires that the surcharge be used to assist the local unit
of government that provides police protection, fire protection,
emergency medical services, or road repairs to the park or other entity.
Provides that the surcharge may not be collected in a state park or other
entity that is owned by the United States Army Corps of Engineers
unless the Army Corps of Engineers has approved the surcharge.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
SECTION 1.
IC 14-8-2-7.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7.5. "Annual pass", for
the purposes of
IC 14-19-3-5
and
IC 14-8-2-87.7
, has the meaning set
forth in
IC 14-19-3-5
(a).
SECTION 2.
IC 14-8-2-87.7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 87.7. "Fees", for purposes of
IC 14-19-3-6
, include:
(1) entrance or admission fees;
(2) rental fees, including those for campsites and shelters; and
(3) the price of an annual pass or a Golden Hoosier Passport;
that are paid upon or after entering a state forest, game preserve,
park, recreation area, or reservoir. The term does not include
amounts paid for food, lodging, or gift shop purchases at a state
park inn or other facility operated by a contractual vendor.
SECTION 3.
IC 14-19-3-6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 6. (a) This section applies to a county containing all
or part of a state forest, game preserve, park, recreation area, or
reservoir under the jurisdiction of the department.
(b) The fiscal body of a county may adopt an ordinance to:
(1) impose a surcharge on all fees collected by the department
within the state forest, game preserve, park, recreation area,
or reservoir; and
(2) require the department to report the surcharge collected
under the ordinance on forms approved by the county
treasurer.
If the county fiscal body adopts an ordinance under this section, it
shall notify the director of the department.
(c) The surcharge equals five percent (5%) of the gross income
derived from fees collected by the department within the state
forest, game preserve, park, recreation area, or reservoir.
(d) Upon receiving notice from the county fiscal body that it has
adopted an ordinance under this section, the department shall
begin collecting the surcharge within sixty (60) days. The
department shall pay the surcharge collected during a month to the
county treasurer not later than the end of the following month.
(e) If the state forest, game preserve, park, recreation area, or
reservoir is located in more than one (1) county, the total surcharge
on fees collected by the department within the state forest, game
preserve, park, recreation area, or reservoir must equal five
percent (5%) of gross income derived from fees collected by the
department. The department shall distribute the surcharge
collected under this section to the adopting county or counties
based on the ratio of the percentage of the state forest, game
preserve, park, recreation area, or reservoir contained within an
adopting county as determined by the department to the total
percentage of the state forest, game preserve, park, recreation
area, or reservoir contained within all adopting counties. A county
must adopt an ordinance under this section to receive the
surcharge.
(f) The surcharge collected by the department and paid to the
county treasurer shall be used in accordance with the ordinance
adopted under this section to assist the local unit of government
that provides:
(1) police protection;
(2) fire protection;
(3) services of emergency medical technicians; or
(4) road repairs;
to the state forest, game preserve, park, recreation area, or
reservoir under the jurisdiction of the department.
(g) The surcharge allowed by this section applies only to gross
income derived from fees collected by the department within the
state forest, game preserve, park, recreation area, or reservoir
located within the adopting county and is in addition to any
applicable tax.
(h) A surcharge imposed on fees collected by the department in
a state forest, game preserve, park, recreation area, or reservoir
that the department maintains and operates under a lease
arrangement with the United States Army Corps of Engineers
must be approved by the United States Army Corps of Engineers
before the department collects the surcharge.