(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 In addition, money from fees collected by the state department of toxicology established under IC 21-45-3 (now repealed) and from fees collected by the department since July 1, 2011, shall be transferred to the fund.Added by P.L. 73-2013, SEC. 1, eff. 4/15/2013.