Bill Text: IN HB1234 | 2011 | Regular Session | Introduced


Bill Title: Recycled newsprint fee.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-07 - Representative Moseley added as coauthor [HB1234 Detail]

Download: Indiana-2011-HB1234-Introduced.html


Introduced Version






HOUSE BILL No. 1234

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-11-2; IC 13-20.

Synopsis: Recycled newsprint fee. Imposes a monthly fee on a newspaper publisher's use of newsprint in a newspaper published at least five days per week in Indiana equal to: (1) $25 multiplied by each metric ton of newsprint used by the publisher; minus (2) $25 multiplied by each metric ton of newsprint used by the publisher that is newsprint that contains at least 40% postconsumer recycled content. Requires the monthly fees to be deposited in the state solid waste management fund.

Effective: July 1, 2011.





Wolkins




    January 12, 2011, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 117th General Assembly (2011)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1234



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-177.7; (11)IN1234.1.1. -->     SECTION 1. IC 13-11-2-177.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 177.7. "Publisher", for purposes of IC 13-20-25, means a person who is the publisher of a newspaper published at least five (5) days per week.
SOURCE: IC 13-11-2-179.6; (11)IN1234.1.2. -->     SECTION 2. IC 13-11-2-179.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 179.6. "Recycled newsprint", for purposes of IC 13-20-25, means newsprint that contains at least forty percent (40%) postconsumer recycled content.
SOURCE: IC 13-20-22-2; (11)IN1234.1.3. -->     SECTION 3. IC 13-20-22-2, AS AMENDED BY P.L.137-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The state solid waste management fund is established to provide money for the following:
        (1) Programs that provide grants and loans that provide education and promote the following:
            (A) Recycling and the use of recycled materials.
            (B) Waste reduction.
            (C) Management of yard waste.
        (2) Providing grants to implement household hazardous waste source reduction or recycling projects.
        (3) Providing grants for household hazardous waste and conditionally exempting small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.
        (4) Payments by the department under IC 13-20-17.7-6.
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) The sources of money for the fund are the following:
        (1) All fees deposited into the fund under section 12(2) of this chapter.
        (2) Accrued interest and other investment earnings of the fund.
        (3) Appropriations made by the general assembly.
        (4) Gifts and donations from any person to the fund.
        (5) Civil penalties imposed under IC 13-30-4 for violations of IC 13-20-17.7 and proceeds received following a criminal conviction in connection with a violation of IC 13-20-17.7.
        (6) Subject to subsection (f), assets assigned and other contributions made by persons.
        (7) Transfers from the Indiana recycling promotion and assistance fund under IC 4-23-5.5-14(i).
        (8) Money credited to the fund from the environmental management special fund under IC 13-14-12-1(c).
         (9) Fees deposited into the fund under IC 13-20-25-4.
    (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 money may be invested.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) Money in the fund resulting from assets assigned and other contributions made under subsection (c)(6) may be used only by the department of environmental management to make payments under IC 13-20-17.7-6.
SOURCE: IC 13-20-25; (11)IN1234.1.4. -->     SECTION 4. IC 13-20-25 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 25. Newsprint Recycling
    Sec. 1. A fee is imposed on a publisher's use of newsprint in a newspaper published in Indiana during a calendar month for each metric ton of newsprint used by the publisher, offset by each metric

ton of recycled newsprint used by the publisher as determined in section 2 of this chapter.
    Sec. 2. The amount of the fee imposed under this chapter is the amount determined in STEP FIVE of the following formula:
        STEP ONE: Determine the total number of metric tons of newsprint used by a publisher in a calendar month.
        STEP TWO: Multiply the STEP ONE amount by twenty-five dollars ($25).
        STEP THREE: Determine the total number of metric tons of newsprint used by the publisher in the calendar month that is recycled newsprint.
        STEP FOUR: Multiply the STEP THREE amount by twenty-five dollars ($25).
        STEP FIVE: Subtract the STEP FOUR amount from the STEP TWO amount.
    Sec. 3. (a) Each calendar month a publisher is required to pay a fee imposed under section 1 of this chapter, the publisher shall:
        (1) submit a report to the department that contains:
            (A) the total number of metric tons of newsprint used by the publisher for the calendar month;
            (B) the total number of metric tons of newsprint used by the publisher for the calendar month that is recycled newsprint; and
            (C) any other information required by the department; and
        (2) pay the fee to the department that is determined in section 2 of this chapter for the calendar month;
not later than fifteen (15) days after the end of the calendar month.
    (b) The department shall prescribe the form of the report required under this section.
    Sec. 4. The department shall deposit the fees paid by publishers under this chapter in the state solid waste management fund established by IC 13-20-22-2.
    Sec. 5. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.

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