First Regular Session 118th General Assembly (2013)
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
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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.
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HOUSE ENROLLED ACT No. 1458
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-20-2-8; (13)HE1458.1.1. -->
SECTION 1. IC 10-20-2-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 8. (a) The department may charge a fee for
the following:
(1) Certifying and recertifying individuals who operate breath
testing equipment.
(2) Maintaining and calibrating breath testing equipment,
including offsetting the costs of replacing equipment and
instruments used at the state and local levels for breath
testing.
(3) Providing training services.
The amount of the fee is the amount that was being charged as of
January 1, 2013.
(b) The department may change the amount of a fee being
charged under subsection (a) by adopting a rule under IC 4-22-2.
In addition, at least six (6) months before a rule changing the
amount of a fee may take effect, the department shall provide to:
(1) each agency that has paid a fee to the department in the
previous twelve (12) months; and
(2) any other person that makes a request to be on the
notification list;
a notice of the fee amount the department is proposing. The notice
must be published on the department's Internet web site and
published in the Indiana Register. The notice required by
subdivisions (1) and (2) may be provided by an electronic mail
message that includes a direct link to the notice on the
department's Internet web site.
(c) The fees that have been charged and collected by the
department since July 1, 2011, for the items listed in subsection
(a)(1) through (a)(3) are legalized and validated. The department
may continue to charge a fee for the items listed in subsection (a)(1)
through (a)(3) in the fee amount that was being charged by the
department as of January 1, 2013, without the adoption of a rule.
Before July 1, 2013, the department shall publish a schedule listing
the current fee amounts being charged for the items listed in
subsection (a)(1) through (a)(3) on the department's Internet web
site and in the Indiana Register, with a reference to this section's
legalization and validation of these fee amounts.
(d) Fees collected under this section shall be deposited in the
breath test training and certification fund established by section 9
of this chapter. In addition, money from fees collected by the state
department of toxicology established under IC 21-45-3 (now
repealed) and from fees collected by the department since July 1,
2011, shall be transferred to the fund.
SOURCE: IC 10-20-2-9; (13)HE1458.1.2. -->
SECTION 2. IC 10-20-2-9, IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 9. (a) The breath test training and
certification fund is established as a dedicated fund for the purpose
of providing money for operating the department, replacing
equipment and instruments, and conducting research. The fund
shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund. The fund consists of the following:
(1) Fees collected by the department under section 8 of this
chapter.
(2) Money donated to the department and designated for use
under this chapter.
(3) Grants made to the department and designated for use
under this chapter.
(c) 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. Interest that
accrues from investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.