Citations Affected: IC 6-1.1; IC 13-11; IC 13-20; IC 13-21; IC 14-32; noncode.
Synopsis: Newspaper fee. Requires a publisher or distributor of a daily
newspaper with a circulation of at least 12,500 to pay a fee of: (1) $2
for each metric ton of paper used to publish a daily newspaper in
Indiana; or (2) one cent for each daily newspaper published outside
Indiana and distributed in Indiana. Distributes the fees to: (1) the clean
water Indiana fund; (2) a fund for payments in lieu of property taxes for
land owned or leased by the department of natural resources; and (3)
provide scholarships through the department of 4-H and youth
development of the Purdue University cooperative extension service.
Provides that a resolution of a solid waste management district is not
effective in a county, city, town, or township unless the county, city,
town, or township adopts the language of the resolution by ordinance
Effective: January 1, 2003 (retroactive); upon passage; July 1, 2003.
January 9, 2003, read first time and referred to Committee on Environmental Affairs.
February 4, 2003, amended, reported favorably _ Do Pass.
February 11, 2003, read second time, amended, ordered engrossed.
February 12, 2003, engrossed.
February 13, 2003, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law and to make an appropriation.
SECTION 1. IC 6-1.1-21.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]:
Chapter 21.3. Payments in Lieu of Property Taxes
Sec. 1. As used in this chapter, "PILOT" refers to a payment in lieu of taxes.
Sec. 2. The auditor of state shall make a PILOT on May 1 and November 1 of each year with respect to land that:
(1) was owned by or leased by the department of natural resources on March 1 of the previous year; and
(2) is exempt from property taxes.
Sec. 3. The PILOT paid under section 2 of this chapter is the following amount for each acre of land owned by or leased by the department of natural resources on March 1 of the previous year:
(1) Two dollars ($2) in a county in which the department owned or leased less than five percent (5%) of the acreage in the county on March 1 of the previous year.
(2) Three dollars ($3) in a county not referred to in subdivision (1).
Sec. 4. (a) A PILOT:
(1) is billed;
(2) is due;
(3) bears interest if unpaid;
(4) is subject to penalty if unpaid; and
(5) is distributed to political subdivisions within a county;
in the same manner as ad valorem taxes on property.
(b) A PILOT:
(1) is not eligible for the property tax replacement credit under IC 6-1.1-21; and
(2) except as provided in subsection (a), is not treated as a property tax for purposes of other procedural and substantive provisions of law.
Sec. 5. Not later than April 1 of each year, the state land office division established by IC 4-20.5-2-1 shall provide the auditor of state with a report of:
(1) for each county, the location of land described in section 2 of this chapter; and
(2) the acreage of the land identified under subdivision (1).
Sec. 6. (a) The PILOT transfer account within the state general fund is established to make PILOTS under section 2 of this chapter. The auditor of state shall administer the account.
(b) Expenses of administering the account are to be paid from money in the account.
(c) There is annually appropriated from the state general fund to the PILOT transfer account the amount necessary to make the PILOTS required by this chapter.
SECTION 2. IC 13-11-2-48.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 48.5. "Daily newspaper", for purposes of IC 13-20-24, means a newspaper that:
(1) has a circulation of at least twelve thousand five hundred (12,500); and
(2) publishes at least five (5) issues each week.
SECTION 3. IC 13-11-2-242, AS AMENDED BY P.L.225-2001, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 242. "Unit", for purposes of:
(1) section 148(c) of this chapter;
(2) IC 13-20-17.5;
(3) IC 13-20-20;
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance of
appropriated money reverts to the district's general fund only
if the district's board specifically provides by resolution to
discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as described in IC 13-20-22-2 and carry out all commitments contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement under IC 36-1-7 to obtain:
(C) managerial; or
services from a county or municipality.
(20) The power to compensate advisory committee members for attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee members for travel and related expenses at a rate determined by the board.
(22) In a joint district, the power to pay a fee from district money to the counties in the district in which a final disposal facility is located.
(23) The power to make grants or loans of:
(B) property; or
to public or private recycling programs, composting programs, or any other programs that reuse any component of the waste stream as a material component of another product, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital fund. A district's board may appropriate money in the fund for:
(C) modifying; or
an existing facility. Expenditures from a capital fund established under this subdivision must further the goals and objectives contained in a district's solid waste management plan. Not more than five percent (5%) of the district's total annual budget for the
year may be transferred to the capital fund that year. The balance
in the capital fund may not exceed twenty-five percent (25%) of
the district's total annual budget. If a district's board determines
by resolution that a part of a capital fund will not be needed to
further the goals and objectives contained in the district's solid
waste management plan, that part of the capital fund may be
transferred to the district's general fund, to be used to offset
tipping fees, property tax revenues, or both tipping fees and
property tax revenues.
(25) The power to conduct promotional or educational programs that include giving awards and incentives that further the district's solid waste management plan.
(26) The power to conduct educational programs under IC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs under IC 13-20-17.5 for the public and small businesses.
SECTION 6. IC 14-32-8-6, AS ADDED BY P.L.160-1999, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) The clean water Indiana fund is established to carry out the purposes of this chapter. The fund shall be administered by the division of soil conservation subject to the direction of the board.
(b) The fund consists of the following:
(1) Amounts appropriated by the general assembly.
(2) Deposits of newspaper fees made by the treasurer of state under IC 13-20-24-3(1).
(3) Donations, grants, and money received from any other source.
(c) 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.
SECTION 7. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 6-1.1-21.3-5, as added by this act, the state land office division shall provide to the auditor of state the information required under IC 6-1.1-21.3-6, as added by this act, not later than July 1, 2003.
(b) The auditor of state shall make the first PILOT (as defined in IC 6-1.1-21.3-1, as added by this act) under IC 6-1.1-21.3-2, as added by this act, on May 1, 2004.
(c) This SECTION expires December 31, 2004.
SECTION 8. An emergency is declared for this act.