February 19, 2003





HOUSE BILL No. 1336

_____


DIGEST OF HB 1336 (Updated February 13, 2003 8:55 AM - DI 51)



Citations Affected: IC 6-6; IC 14-8; IC 14-9.

Synopsis: Lake and river enhancement. Changes the flat $5 lake and river enhancement fee to a fee ranging from $5 to $40 as determined by the value of a registered boat. Requires two-thirds of the revenue from this fee be allocated for the lake and river enhancement fund and one-third of the revenue allocated for the conservation officers marine enforcement fund. Allows DNR to transfer 20% of the funds in the conservation officers marine enforcement fund into the counties with special boat patrol needs fund. Makes an appropriation of money in the conservation officers marine enforcement fund. (The introduced version of this bill was prepared by the natural resources study committee.)

Effective: July 1, 2003.





Adams T, Kruse




    January 14, 2003, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    February 10, 2003, amended, reported _ Do Pass. Recommitted to Committee on Ways and Means.
    February 18, 2003, amended, reported _ Do Pass.






February 19, 2003

First Regular Session 113th General Assembly (2003)


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 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1336



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

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

SOURCE: IC 6-6-11-12; (03)HB1336.2.1. -->     SECTION 1. IC 6-6-11-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 in the amount set forth in the following table:
    Value of the Boat    Amount of the Fee
    Less than $2,000     $ 5
    At least $2,000, but less than $5,000    $15
    At least $5,000, but less than $10,000    $20
    At least $10,000, but less than $22,500    $25
    At least $22,500, but less than $50,000    $30
    At least $50,000    $40
    (c)
The revenue from the lake and river enhancement fee imposed under subsection (b) shall be deposited in the following manner:
        (1) Two-thirds (2/3) of the money shall be deposited in the
lake and river enhancement fund established by section 12.5 of this chapter.
         (2) One-third (1/3) of the money shall be deposited in the conservation officers marine enforcement fund established by IC 14-9-8-21.5.
SOURCE: IC 6-6-11-12.5; (03)HB1336.2.2. -->     SECTION 2. IC 6-6-11-12.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12.5. (a) The lake and river enhancement fund is established and allocated for the purpose of paying following purposes:
        (1) One half (1/2) 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 half (1/2) 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 and deposited under IC 6-6-11-12(b). section 12(b)(1) 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 14-8-2-107; (03)HB1336.2.3. -->     SECTION 3. IC 14-8-2-107, AS AMENDED BY P.L.145-2002, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2003]: Sec. 107. "Fund" has the following meaning:
        (1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
        (2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.
        (3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
        (4)
For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
        (4) (5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
        (5) (6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
        (6) (7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.
        (7) (8) For purposes of IC 14-13-1, the meaning set forth in IC 14-13-1-2.
        (8) (9) For purposes of IC 14-13-2, the meaning set forth in IC 14-13-2-3.
        (9) (10) For purposes of IC 14-19-4, the meaning set forth in IC 14-19-4-1.
        (10) (11) For purposes of IC 14-19-5, the meaning set forth in IC 14-19-5-1.
        (11) (12) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-3.
        (12) (13) For purposes of IC 14-20-11, the meaning set forth in IC 14-20-11-2.
        (13) (14) For purposes of IC 14-22-3, the meaning set forth in IC 14-22-3-1.
        (14) (15) For purposes of IC 14-22-4, the meaning set forth in IC 14-22-4-1.
        (15) (16) For purposes of IC 14-22-5, the meaning set forth in IC 14-22-5-1.
        (16) (17) For purposes of IC 14-22-8, the meaning set forth in IC 14-22-8-1.
        (17) (18) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-2.
        (18) (19) For purposes of IC 14-23-3, the meaning set forth in IC 14-23-3-1.
        (19) (20) For purposes of IC 14-23-8, the meaning set forth in IC 14-23-8-1.
        (20) (21) For purposes of IC 14-25-2-4, the meaning set forth in

IC 14-25-2-4.
        (21) (22) For purposes of IC 14-25-10, the meaning set forth in IC 14-25-10-1.
        (22) (23) For purposes of IC 14-25-11-19, the meaning set forth in IC 14-25-11-19.
        (23) (24) For purposes of IC 14-25.5, the meaning set forth in IC 14-25.5-1-3.
        (24) (25) For purposes of IC 14-28-5, the meaning set forth in IC 14-28-5-2.
        (25) (26) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-5.
        (26) (27) For purposes of IC 14-25-12, the meaning set forth in IC 14-25-12-1.
        (27) (28) For purposes of IC 14-33-14, the meaning set forth in IC 14-33-14-3.
        (28) (29) For purposes of IC 14-33-21, the meaning set forth in IC 14-33-21-1.
        (29) (30) For purposes of IC 14-34-6-15, the meaning set forth in IC 14-34-6-15.
        (30) (31) For purposes of IC 14-34-14, the meaning set forth in IC 14-34-14-1.
        (31) (32) For purposes of IC 14-37-10, the meaning set forth in IC 14-37-10-1.

SOURCE: IC 14-9-8-21.5; (03)HB1336.2.4. -->     SECTION 4. IC 14-9-8-21.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21.5. (a) As used in this section, "fund" refers to the conservation officers marine enforcement fund established by this section.
    (b) The conservation officers marine enforcement fund is established. The department shall administer the fund. The department may expend the money in the fund exclusively for marine enforcement efforts associated with recreational boating on Indiana waters, including uses described in IC 14-9-9-5.
    (c) The fund consists of money from the lake and river enhancement fee paid by boat owners and deposited under IC 6-6-11-12(b)(2). Money deposited in the fund is annually appropriated and allotted to the department to carry out the purposes of this section. The expenses of administering the fund shall be paid from money in the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, the department may transfer from the fund to the counties with special boat patrol

needs fund (IC 14-9-9-5) an amount that does not exceed twenty percent (20%) of money deposited into the fund.

SOURCE: IC 14-9-9-5; (03)HB1336.2.5. -->     SECTION 5. IC 14-9-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) The counties with special boat patrol needs fund is established exclusively to provide grants to certain counties to provide law enforcement services on lakes located within the counties.
    (b) The department shall administer the fund. Money in the fund includes money transferred from the conservation officers marine enforcement fund (IC 14-9-8-21.5). Money in the fund is annually appropriated to the department and shall be used exclusively for the enforcement of laws pertaining to watercraft on lakes located in counties with special boat patrol needs as described in this chapter.
    (c) The expenses of administering the fund shall be paid from money in the fund.
    (d) 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 funds may be invested.
    (e) Money in the fund at the end of a fiscal year does not revert to the state general fund.