Bill Text: IN SB0368 | 2013 | Regular Session | Amended
Bill Title: Department of toxicology fees.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-02-26 - First reading: referred to Committee on Veterans Affairs and Public Safety [SB0368 Detail]
Download: Indiana-2013-SB0368-Amended.html
Citations Affected: IC 10-20.
Synopsis: Department of toxicology fees. Permits the department of
toxicology (department) to continue to collect fees in the amount that
was being charged as of January 1, 2013. Requires the department to
publish the January 1, 2013, fee schedule. Allows the department to
adopt a rule to change the amount of a fee. Requires the department to
notify each agency that has paid a fee to the department in the previous
12 months, and any other person that makes a request to be on the
notification list, of the proposed new fee amount. Requires the notice
to change the amount of the fee to be published. Legalizes and
validates the fees that have been charged by the department since July
1, 2011. Establishes the breath test training and certification fund for
deposit of the fees. Provides that the fund may be used by the
department to pay for operating the department, replacing equipment,
and conducting research.
Effective: Upon passage.
January 8, 2013, read first time and referred to Committee on Appropriations.
January 24, 2013, amended, reported favorably _ Do Pass.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety and to make an appropriation.
(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 the 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.
(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.
