March 13, 2007





ENGROSSED

HOUSE BILL No. 1237

_____


DIGEST OF HB 1237 (Updated March 13, 2007 1:00 pm - DI 71)



Citations Affected: IC 6-6; IC 9-13; IC 9-19.

Synopsis: Motor vehicle restraint systems. Requires occupants of motor vehicles to wear safety belts, with certain exceptions.

Effective: July 1, 2007.





Welch, Brown C , Duncan , Crouch
(SENATE SPONSORS _ WYSS, ROGERS)




    January 11, 2007, read first time and referred to Committee on Roads and Transportation.
    January 25, 2007, reported _ Do Pass; recommitted to Committee on Ways and Means.
    February 8, 2007, reported _ Do Pass.
    February 15, 2007, read second time, amended, ordered engrossed.
    February 16, 2007, engrossed.
    February 20, 2007, read third time, passed. Yeas 55, nays 41.

SENATE ACTION

    February 27, 2007, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
    March 13, 2007, amended, reported favorably _ Do Pass.






March 13, 2007

First Regular Session 115th General Assembly (2007)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1237



    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 6-6-5-6.7; (07)EH1237.1.1. -->     SECTION 1. IC 6-6-5-6.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6.7. (a) As used in this section, "passenger motor vehicle" and "truck" have the meanings set forth for those terms in IC 9-13-2-123(a) IC 9-13-2-123 and IC 9-13-2-188(a).
    (b) Every owner of a passenger motor vehicle or passenger motor vehicles or of a truck or trucks who during a registration year regularly rents those vehicles or trucks for periods of under thirty (30) days to others in the regular course of the owner's business is entitled to a credit against the motor vehicle excise tax liability owed for those passenger motor vehicles or trucks for that registration year. The maximum credit an owner is entitled to claim against the tax owed for all those passenger motor vehicles and trucks for a registration year under this section equals the lesser of:
        (1) the total motor vehicle excise taxes due for those passenger motor vehicles and trucks for that registration year, before the application of the credit allowed by this section; or
            (2) the total auto rental excise taxes collected by the owner during the immediately preceding registration year.
    (c) A passenger motor vehicle or truck is regularly rented by a person in the regular course of the person's business during a registration year if the passenger motor vehicle or truck is rented by the person to another person an average of ten (10) days each month of the registration year that the person owned the passenger motor vehicle or truck.
SOURCE: IC 6-6-9-3; (07)EH1237.1.2. -->     SECTION 2. IC 6-6-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. As used in this chapter, "passenger motor vehicle" has the meaning set forth in IC 9-13-2-123(a). IC 9-13-2-123.
SOURCE: IC 6-6-9.5-4; (07)EH1237.1.3. -->     SECTION 3. IC 6-6-9.5-4, AS ADDED BY P.L.214-2005, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. As used in this chapter, "passenger motor vehicle" has the meaning set forth in IC 9-13-2-123(a). IC 9-13-2-123.
SOURCE: IC 6-6-9.7-3; (07)EH1237.1.4. -->     SECTION 4. IC 6-6-9.7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. As used in this chapter, "passenger motor vehicle" has the meaning set forth in IC 9-13-2-123(a). IC 9-13-2-123.
SOURCE: IC 9-13-2-123; (07)EH1237.1.5. -->     SECTION 5. IC 9-13-2-123, AS AMENDED BY P.L.219-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 123. (a) "Passenger motor vehicle" means except as provided in subsection (b), a motor vehicle designed for carrying passengers. The term includes a low speed vehicle but does not include a motorcycle, a bus, a school bus, or an off-road vehicle.
    (b) For purposes of IC 9-19-10, the term includes buses, school buses, and private buses, and excludes trucks, tractors, and recreational vehicles.
SOURCE: IC 9-19-10-1; (07)EH1237.1.6. -->     SECTION 6. IC 9-19-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter does not apply to a front seat an occupant of a motor vehicle who meets any of the following conditions:
        (1) For medical reasons should not wear safety belts, provided the occupant has written documentation of the medical reasons from a physician.
        (2) Is a child required to be restrained by a child restraint system under IC 9-19-11.
        (3) Is traveling in a commercial or a United States Postal Service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services.
        (4) Is a rural carrier of the United States Postal Service and is

operating a vehicle while serving a rural postal route.
        (5) Is a newspaper motor route carrier or newspaper bundle hauler who stops to make deliveries from a vehicle.
        (6) Is a driver examiner designated and appointed under IC 9-14-2-3 and is conducting an examination of an applicant for a permit or license under IC 9-24-10.
        (7) Is an occupant of a farm truck being used on a farm in connection with agricultural pursuits that are usual and normal to the farming operation, as set forth in IC 9-29-5-13(b)(2).
        (8) Is an occupant of a motor vehicle participating in a parade.
        (9) Is an occupant of the living quarters area of a recreational vehicle.
        (10) Is an occupant of the treatment area of an ambulance (as defined in IC 16-18-2-13).
        (11) Is an occupant of the sleeping area of a tractor.
        (12) Is an occupant other than the operator of a vehicle described in IC 9-20-11-1(1).
        (13) Is an occupant other than the operator of a truck on a construction site.
        (14) Is a passenger other than the operator in a cab of a Class A recovery vehicle or a Class B recovery vehicle who is being transported in the cab because the motor vehicle of the passenger is being towed by the recovery vehicle.
        (15) Is an occupant other than the operator of a motor vehicle being used by a public utility in an emergency as set forth in IC 9-20-6-5.

SOURCE: IC 9-19-10-2; (07)EH1237.1.7. -->     SECTION 7. IC 9-19-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Each front seat occupant of a passenger motor vehicle that is equipped with a safety belt that:
         (1) meeting meets the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208); and
        (2) is standard equipment installed by the manufacturer;

shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion.