Introduced Version
HOUSE BILL No. 1054
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-10-5.
Synopsis: Watercraft docking and marina launch fees. Authorizes a
city that creates or participates in the creation of a port authority to
impose a watercraft docking fee and a marina launch fee. Provides that
the fees are deposited in the cumulative channel maintenance fund.
Allows money in the fund to be used for enforcement of port authority
regulations.
Effective: July 1, 2004.
Cheney
January 13, 2004, read first time and referred to Committee on Interstate and International
Cooperation.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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HOUSE BILL No. 1054
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-10-5-17; (04)IN1054.1.1. -->
SECTION 1. IC 8-10-5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17. (a) The board of
directors of any port authority may, by resolution, recommend to any
municipal corporation or county that a cumulative channel
maintenance fund be established under IC 6-1.1-41 to provide funds for
the:
(1) dredging of channels;
(2) cleaning of channels and shores of debris and any other
pollutants; and providing or repairing
(3) purchase, renovation, construction, or repair of bulkheads,
pilings, docks, and wharves; and the
(4) purchase and development of land adjoining channels within
the jurisdiction of the port authority and which land is necessary
to the fulfillment of the plan adopted by the port authority for the
future development, construction, and improvement of its
facilities. The purchased and developed land shall be available to
the residents of the taxing district without further charge; or
(5) regulation and enforcement of regulation of all uses and
activities related to waters that are under the jurisdiction of
the port authority.
(b) To provide for the cumulative channel maintenance fund:
(1) a county, city, or town fiscal body may levy a tax in
compliance with IC 6-1.1-41 not to exceed three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100)
on all taxable property within the county, town, or city; and
(2) a city may impose the following:
(A) An annual docking fee under section 22 of this chapter.
(B) A marina launch fee under section 23 of this chapter.
(c) The revenue from a tax, when collected, an annual docking
fee, or a marina launch fee collected under subsection (b) shall be
held in a special fund to be known as the cumulative channel
maintenance fund established under subsection (a).
SOURCE: IC 8-10-5-22; (04)IN1054.1.2. -->
SECTION 2. IC 8-10-5-22, AS AMENDED BY P.L.170-2002,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 22. (a) This section applies to a city
having a
population of more than thirty-two thousand eight hundred (32,800) but
less than thirty-three thousand (33,000). that:
(1) creates; or
(2) participates in the creation of;
a port authority created under this chapter.
(b) The fiscal body
of a city described in subsection (a) may
impose an annual
docking fee upon each watercraft that is docked for
more than twenty-nine (29) days during a year in waters that are under
the jurisdiction of a port authority under this chapter.
(c)
A An annual docking fee imposed under this section shall be:
(1) not more than seventy-five cents ($0.75) per foot for
watercraft of thirty (30) feet or less; and
(2) not more than one dollar and fifty cents ($1.50) per foot for
watercraft over thirty (30) feet.
(d)
A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port
authority created by a city under this chapter; and
(2) where a watercraft is docked;
shall collect the annual docking fee imposed on the watercraft
under this section. Not later than the fifteenth day of each month,
each marina, dock, or port shall remit to the city fiscal officer the
amount of fees collected under this section during the immediately
preceding month.
(e) Annual docking fees
collected imposed under this section
by
a city described in subsection (a) shall be deposited in the cumulative
channel maintenance fund established under section 17 of this chapter.
and shall be used only to pay for dredging.
(f) Upon collecting an annual docking fee imposed on a
watercraft under this section, a marina, dock, or port shall issue to
the owner of the watercraft a decal that indicates the year for
which the fee under this section has been paid.
(g) The decal issued under subsection (f) must be displayed on
the watercraft during the year for which the decal is issued. A
watercraft that displays a valid annual docking fee decal under this
subsection is not subject to:
(1) annual docking fees imposed at other marinas, docks, or
ports under this section; and
(2) marina launch fees imposed under section 23 of this
chapter.
SOURCE: IC 8-10-5-23; (04)IN1054.1.3. -->
SECTION 3. IC 8-10-5-23 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 23. (a) The fiscal body of a city that creates or
participates in the creation of a port authority under this chapter
may impose a marina launch fee for a watercraft that is launched
from a marina, dock, or port located on waters that are under the
jurisdiction of the port authority created by the city.
(b) The owner of a watercraft subject to a fee under this section
shall pay one (1) of the following:
(1) A launch fee of one dollar ($1) per launch.
(2) An annual marina launch fee of:
(A) seventy-five cents ($0.75) per foot for a watercraft of
thirty (30) feet or less in length; or
(B) one dollar and fifty cents ($1.50) per foot for
watercraft over thirty (30) feet in length.
(c) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port
authority created by a city under this chapter; and
(2) from which a watercraft is launched;
shall collect the marina launch fee imposed on the watercraft
under this section. Not later than the fifteenth day of each month,
each marina, dock, or port shall remit to the city fiscal officer the
amount of fees collected under this section during the immediately
preceding month.
(d) The marina launch fees imposed under this section by a city
described in subsection (a) shall be deposited in the cumulative
channel maintenance fund established under section 17 of this
chapter.
(e) Upon collecting a fee under this section, a marina, dock, or
port shall issue to the person who owns the watercraft:
(1) a paper permit that indicates the day for which the fee was
paid, in the case of a one (1) time marina launch fee; or
(2) a decal that indicates the year for which the fee was paid,
in the case of an annual marina launch fee.
(f) The decal or permit issued under subsection (e) must be
displayed on the watercraft during the period for which the decal
or permit is issued. A watercraft that displays a valid annual
marina launch decal or permit under this subsection is not subject
to an annual watercraft docking fee imposed under section 22 of
this chapter.