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)
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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.