Bill Text: IN SB0234 | 2010 | Regular Session | Introduced
Bill Title: Recycling promotion and assistance fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Appropriations [SB0234 Detail]
Download: Indiana-2010-SB0234-Introduced.html
Citations Affected: IC 4-9.1-1-7; IC 4-12-1-12; IC 4-13-2-23;
IC 4-23-5.5-14.
Synopsis: Recycling promotion and assistance fund. Prohibits
transfers from the Indiana recycling promotion and assistance fund to
any other fund.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Appropriations.
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
environmental law.
(b) In addition to a transfer under subsection (a), the board may transfer money from an appropriation for any board, department, commission, office, or benevolent or penal institution of the state to the Indiana economic development corporation.
(c) An order by the board to make a transfer under this section is sufficient authority for the making of appropriate entries showing the transfer on the books of the auditor of state and treasurer of state.
(d) The authority given the board under this section to make
transfers does not apply to trust funds. For the purposes of this section,
"trust fund" means a fund which by the constitution or by statute has
been designated as a trust fund or a fund which has been determined by
the board to be a trust fund.
(e) The authority given the board under this section to make
transfers does not apply to the Indiana recycling promotion and
assistance fund established by IC 4-23-5.5-14.
(b) Not later than the first day of June of each calendar year, the budget agency shall prepare a list of all appropriations made by law for expenditure or encumbrance during the fiscal year beginning on the first day of July of that calendar year.
(c) Within sixty (60) days following the adjournment of any special session of the general assembly, or within such shorter period as the circumstances may require, the budget agency shall prepare for and transmit to the governor and members of the general assembly and the auditor of state, like information and a list of sums appropriated, all as is done upon the adjournment of a regular session, pursuant to subsections (a) and (b) of this section to the extent the same are applicable. The budget agency shall transmit any information under this subsection to the general assembly in an electronic format under IC 5-14-6.
(d) The budget agency shall administer the allotment system provided in IC 4-13-2-18.
(e) The budget agency may transfer, assign, and reassign any appropriation or appropriations, or parts of them, excepting those appropriations made:
(1) to the Indiana state teacher's retirement fund established by
IC 5-10.4-2; or
(2) from the Indiana recycling promotion and assistance fund
established by IC 4-23-5.5-14;
that are made for one specific use or purpose to another use or purpose
of the agency of state to which the appropriation is made, but only
when the uses and purposes to which the funds transferred, assigned
and reassigned are uses and purposes the agency of state is by law
required or authorized to perform. No transfer may be made as in this
subsection authorized unless upon the request of and with the consent
of the agency of state whose appropriations are involved. Except to the
extent otherwise specifically provided, every appropriation made and
hereafter made and provided, for any specific use or purpose of an
agency of the state is and shall be construed to be an appropriation to
the agency, for all other necessary and lawful uses and purposes of the
agency, subject to the aforesaid request and consent of the agency and
concurrence of the budget agency.
(f) One (1) or more emergency or contingency appropriations for
each fiscal year or for the budget period may be made to the budget
agency. Such appropriations shall be in amounts definitely fixed by
law, or ascertainable or determinable according to a formula, or
according to appropriate provisions of law taking into account the
revenues and income of the agency of state. No transfer shall be made
from any such appropriation to the regular appropriation of an agency
of the state except upon an order of the budget agency made pursuant
to the authority vested in it hereby or otherwise vested in it by law.
(b) All of the rights, powers, and duties by law in effect on March
13, 1947, imposed upon and vested in the state board of finance which
are in conflict with the provisions of this chapter or imposed on some
other officer or agency are hereby eliminated from the powers and
duties of the state board of finance.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Repayment proceeds of loans made from the fund.
(3) Gifts and donations.
(4) Money from the solid waste management fund.
(5) Variable recycling fee revenue deposited under IC 13-20.5-2-1.
(c) Money remaining in the fund at the end of a state fiscal year does not revert to the state general fund. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.
(d) The board may use money in the fund to make loans to assist:
(1) persons in establishing new recycling businesses;
(2) in the expansion of existing recycling businesses; and
(3) manufacturers in retrofitting equipment necessary to reuse or recycle secondary materials.
(e) The board shall establish loan:
(1) amounts;
(2) terms; and
(3) interest rates.
(f) The board may use money in the fund to make grants for research and development projects involving recycling. The board shall establish amounts for grants.
(g) A person, business, or manufacturer that wants a grant or loan from the fund must file an application with the board.
(h) The board shall establish criteria for awarding grants and loans under this section.
(i) The board may transfer money in the fund to the state solid waste management fund established by IC 13-20-22-2 for use by the department of environmental management to make payments under
IC 13-20-17.7-6.
