Introduced Version
HOUSE BILL No. 1280
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-14-3-7
; IC 9-18;
IC 9-29-13-2.5
; IC 9-30.
Synopsis: Suspension of vehicle registration and plates. Requires the
bureau of motor vehicles to maintain as part of a person's operating
record a list of any suspensions or revocations of the certificate of
registration or license plate of a motor vehicle owned by the person.
Requires a court to order suspension of the certificate of registration
and license plate of a vehicle owned by or registered to a person who
is convicted of operating a vehicle while intoxicated whenever the
court recommends suspension of the person's driver's license. Requires
a court to order suspension of the certificate of registration and license
plate of a vehicle owned by or registered to a person who is convicted
of operating a vehicle while intoxicated if the person does not hold any
type of valid driver's license. Provides that a person who has had a
suspension of registration and license plate may receive a reinstatement
license plate from the bureau of motor vehicles that contains a unique
series of letters and numbers that may be identified by a law
enforcement officer. Provides that a person who is aggrieved by a
suspension of registration and license plate may seek judicial review.
Sets a fee for the reinstatement of vehicle registration.
Effective: July 1, 2002.
Burton
January 14, 2002, read first time and referred to Committee on Rules and Legislative
Procedures.
Introduced
Second Regular Session 112th General Assembly (2002)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1280
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-14-3-7; (02)IN1280.1.1. -->
SECTION 1.
IC 9-14-3-7
, AS AMENDED BY P.L.112-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7. (a) The bureau shall maintain an operating
record for each person:
(1) licensed by the bureau to drive a motor vehicle; or
(2) for whom the bureau has established a driving record
under
IC 9-24-18-9.
(b) An operating record must contain the following:
(1) A person's convictions for any of the following:
(A) A moving traffic violation.
(B) Operating a vehicle without financial responsibility in
violation of IC 9-25.
(2) Any administrative penalty imposed by the bureau.
(3) If the driving privileges of a person have been suspended or
revoked by the bureau, an entry in the record stating that a notice
of suspension or revocation was mailed by the bureau and the date
of the mailing of the notice.
(4) Any suspensions, revocations, or reinstatements of a person's
driving privileges, license, or permit.
(5) Any suspensions or revocations of the certificate of
registration or license plate of a motor vehicle owned by a
person.
(c) An entry in the operating record of a defendant stating that
notice of suspension or revocation was mailed by the bureau to the
defendant constitutes prima facie evidence that the notice was mailed
to the defendant's address as shown in the official driving record.
(d) An operating record maintained under this section:
(1) is not admissible as evidence in any action for damages arising
out of a motor vehicle accident; and
(2) may not include voter registration information.
SOURCE: IC 9-18-2-30; (02)IN1280.1.2. -->
SECTION 2.
IC 9-18-2-30
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 30. (a) The bureau
shall issue to the owner of each vehicle subject to registration one (1)
license plate upon the registration of the vehicle.
(b) If a person subject to a vehicle registration and license plate
suspension order under
IC 9-30-5-18
(a) or
IC 9-30-5-18
(b)
attempts to register another vehicle with the bureau, the bureau
may issue a registration and license plate only if the person may be
issued a registration and license plate under
IC 9-30-5-18
(d).
SOURCE: IC 9-18-2-31; (02)IN1280.1.3. -->
SECTION 3.
IC 9-18-2-31
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 31. A license plate
issued by the bureau under section 30 of this chapter:
(1) remains the property of the bureau; and
(2) may be revoked, canceled, suspended, or repossessed as
provided by law.
SOURCE: IC 9-18-6-1; (02)IN1280.1.4. -->
SECTION 4.
IC 9-18-6-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. A replacement semipermanent
license plate may be issued by the bureau for any of the following
reasons:
(1) The original semipermanent license plate has been in service
for at least three (3) years.
(2) The original semipermanent license plate has been lost or
stolen.
(3) The bureau determines that the reflective material required by
IC 9-18-2-32
is no longer effective and the material's
ineffectiveness is a safety hazard.
(4) A person registering a replacement vehicle requests a new
license plate at the time of purchasing the replacement vehicle.
(5) A person who registered a vehicle no longer resides in the
county in which the vehicle was originally registered.
(6) The original semipermanent license plate has been
returned to the bureau under
IC 9-30-4-7
(a).
SOURCE: IC 9-29-13-2.5; (02)IN1280.1.5. -->
SECTION 5.
IC 9-29-13-2.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 2.5. The fee for reinstatement of a vehicle registration
and license plate that has been suspended under
IC 9-30-5-18
and
returned to the bureau under
IC 9-30-4-7
(a) is ten dollars ($10).
SOURCE: IC 9-30-4-3; (02)IN1280.1.6. -->
SECTION 6.
IC 9-30-4-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A person aggrieved by an
order or act of the bureau under section 1 or 2 of this chapter or
IC 9-30-5-18
may, within fifteen (15) days after notice is given, file a
petition in the circuit or superior court of the county in which the
person resides. If the person is a nonresident, the person may file a
petition for review in the Marion circuit court.
(b) The petitioner must state facts showing how the order or act of
the bureau is wrongful or unlawful, but the filing of a petition does not
suspend the order or act unless a stay is allowed by a judge of the court
pending final determination of the review on a showing of reasonable
probability that the order or act is wrongful or unlawful.
(c) The court shall, within six (6) months of the date of the filing of
the petition, hear the petition, take testimony, and examine the facts of
the case. The court may, in disposing of the issues, modify, affirm, or
reverse the order or act of the bureau in whole or in part and shall make
an appropriate order. If the petition has not been heard within six (6)
months from the date of the filing, the original order or act of the
bureau shall be reinstated in full force and effect.
SOURCE: IC 9-30-5-18; (02)IN1280.1.7. -->
SECTION 7.
IC 9-30-5-18
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 18. (a) In addition to a criminal penalty imposed for
an offense under this chapter, if a court recommends the
suspension of a person's driving privileges under section 10 of this
chapter, the court shall issue an order to the bureau requiring the
bureau to suspend the certificate of registration and license plate
for any motor vehicle owned by the person or registered to the
person, including a motor vehicle registered jointly or leased in the
name of the person and another person.
(b) If:
(1) the court has imposed a criminal penalty for an offense
under this chapter; and
(2) the person has a driving record under
IC 9-24-18-9
;
the court shall issue an order to the bureau requiring the bureau
to suspend the certificate of registration and license plate for any
motor vehicle owned by the person or registered to the person,
including a motor vehicle registered jointly or leased in the name
of the person and another person.
(c) Whenever an order for suspension is issued under this
section, the person who is the subject of the order shall comply
with
IC 9-30-4-7
(a).
(d) A person who has had a certificate of registration or license
plate suspended under this section may not receive from the
bureau a certificate of registration or license plate until:
(1) the person's driving privileges are restored; or
(2) the conditions of subsection (e) are met.
(e) If a court issues an order under subsection (a) requiring the
bureau to suspend the registration and license plate for a vehicle
owned by or registered to a person, the person may receive from
the bureau a reinstatement license plate and certificate of
registration only if:
(1) the person has been granted probationary driving
privileges under this chapter;
(2) a member of the person's household possesses a valid
driver's license; or
(3) a court orders the bureau to reinstate the person's
certificate of registration and license plate.
(f) A person entitled to reinstatement of a certificate of
registration and license plate under subsection (e) must pay the fee
for reinstatement of registration set forth in
IC 9-29-13-2.5.
(g) A license plate issued under subsection (e)(1) or (e)(2) must
display a unique series of numbers and letters that may be
identified by a law enforcement officer. A license plate issued
under subsection (e)(3) must display a unique series of numbers
and letters that may be identified by a law enforcement officer only
if the reinstatement order issued under subsection (e)(3) includes
this requirement.
(h) A person whose certificate of registration or license plate has
been suspended under this section may not sell or transfer a motor
vehicle owned by the person or jointly owned by the person unless:
(1) the sale is for a valid consideration; and
(2) the purchaser or transferee does not reside in the same
household as the registered owner or owners.
(i) A person aggrieved by a suspension of registration and
license plate under this section may seek judicial review under
IC 9-30-4-3
through
IC 9-30-4-5.
(j) The bureau may adopt rules under
IC 4-22-2
to implement
this section.
(k) A person who knowingly or intentionally sells or transfers a
motor vehicle in violation of subsection (h) commits a Class C
misdemeanor.