HB 1308-2_ Filed 01/31/2002, 07:34 Alderman
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1308 be amended to read as follows:
SOURCE: Page 1, line 17; (02)MO130802.1. -->
Page 1, line 17, strike ".".
Page 2, after line 7, begin a new paragraph and insert:
SOURCE: IC 33-19-1-2.5; (02)MO130802.2. -->
"SECTION 2. IC 33-19-1-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2.5. (a) As used in this section,
"heavy speeding violation" means a criminal violation, an
infraction, or an ordinance violation in which the operator of a
truck having a declared gross weight greater than forty thousand
(40,000) pounds exceeds the lawful speed limit.
(b) Notwithstanding IC 33-19-5 and IC 33-19-6, the clerk shall
collect from every person who has committed a heavy speeding
violation enhanced court fees and court costs.
(c) The enhanced court fees and court costs described in
subsection (b) consist of two hundred fifty percent (250%) of the
court fees and costs applicable to a person who has committed a
criminal violation, an infraction, or an ordinance violation.
(d) The enhanced court fees and costs shall be distributed in the
same manner and in the same proportion as regular court fees and
costs.
SOURCE: IC 34-28-5-4; (02)MO130802.3. -->
SECTION 3. IC 34-28-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) A judgment of up
to ten thousand dollars ($10,000) may be entered for a violation
constituting a Class A infraction.
(b) A judgment of up to one thousand dollars ($1,000) may be
entered for a violation constituting a Class B infraction.
(c) A judgment of up to five hundred dollars ($500) may be entered
for a violation constituting a Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered for
a violation constituting a Class D infraction.
(e) A judgment:
(1) up to the amount requested in the complaint; and
(2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
(f) A judgment of up to two hundred fifty percent (250%) of the
amount described in subsections (a) through (d) shall be entered
against a person who has committed a heavy speeding violation.
SOURCE: IC 35-50-5-5; (02)MO130802.4. -->
SECTION 4. IC 35-50-5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 5. If a person has committed an offense that
constitutes a heavy speeding violation (IC 33-19-1-2.5) , the court
may impose a fine that is two hundred fifty percent (250%) of the
amount described in IC 35-50-2 and IC 35-50-3.
SOURCE: IC 36-1-3-8; (02)MO130802.5. -->
SECTION 5. IC 36-1-3-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 8. (a) Subject to subsection (b), a
unit does not have the following:
(1) The power to condition or limit its civil liability, except as
expressly granted by statute.
(2) The power to prescribe the law governing civil actions
between private persons.
(3) The power to impose duties on another political subdivision,
except as expressly granted by statute.
(4) The power to impose a tax, except as expressly granted by
statute.
(5) The power to impose a license fee greater than that reasonably
related to the administrative cost of exercising a regulatory power.
(6) The power to impose a service charge or user fee greater than
that reasonably related to reasonable and just rates and charges
for services.
(7) The power to regulate conduct that is regulated by a state
agency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting a
crime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for an
ordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for the violation
of an ordinance or a regulation concerning air emissions
adopted by a county that has received approval to establish an
air program under IC 13-17-12-6.
(B) More than six thousand two hundred fifty dollars
($6,250) for a heavy speeding violation.
(C) More than two thousand five hundred dollars ($2,500) for
any other ordinance violation.
(11) The power to invest money, except as expressly granted by
statute.
(12) The power to order or conduct an election, except as
expressly granted by statute.
(b) A township does not have the following, except as expressly
granted by statute:
(1) The power to require a license or impose a license fee.
(2) The power to impose a service charge or user fee.
(3) The power to prescribe a penalty.".
(Reference is to HB 1308 as printed January 29, 2002.)
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MO130802/DI 106 2002