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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Alderman


MO130802/DI 106     2002