HB 1237-8_ Filed 02/13/2007, 10:34 Stutzman


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1237 be amended to read as follows:

SOURCE: Page 1, line 1; (07)MO123713.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-16-9-1; (07)MO123713.1. -->     "SECTION 1. IC 5-16-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Accessible parking space" refers to a parking space that conforms with the standards of section 4 of this chapter.
    (c) "Motor vehicle" has the meaning set forth in IC 9-13-2-105.
    (d) "Parking facility" means any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public.
    (e) "Person with a physical disability" means a person who has been issued a placard under IC 9-14-5 or a person with a disability registration plate for a motor vehicle by the bureau of motor vehicles under IC 9-18-22.
     (f) "Person with children" means a person who has been issued a placard under IC 9-14-6.
    (f) (g) "Public agency" means:
        (1) the state of Indiana, its departments, agencies, boards, commissions, and institutions, including state educational institutions (as defined under IC 20-12-0.5-1); and
        (2) a county, city, town, township, school or conservancy district, other governmental unit or district, or any department, board, or other subdivision of the unit of government.
SOURCE: IC 5-16-9-1.6; (07)MO123713.2. -->     SECTION 2. IC 5-16-9-1.6 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.6. Notwithstanding any requirement of this chapter, A person who complies with:
        (1) Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181); and
        (2) the Americans with Disabilities Act Guidelines adopted by the United States Department of Justice;
complies with those provisions of this chapter applying to persons with physical disabilities.

SOURCE: IC 5-16-9-5.5; (07)MO123713.3. -->     SECTION 3. IC 5-16-9-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.5. (a) Any person who parks a motor vehicle that does not have displayed a placard of a person with children issued under IC 9-14-6 in a parking space reserved under this chapter commits a Class C infraction.
    (b) Any person who knowingly parks in a parking space reserved for a person with children while displaying a placard to which the person is not entitled commits a Class C infraction.
    (c) Any person who displays for use in parking in a parking space reserved for a person with children a placard that was not issued under IC 9-14-6 commits a Class C misdemeanor.
    (d) A person who, in a parking space reserved for a person with children, parks a vehicle that displays a placard entitling a person to park in a parking space reserved for a person with children commits a Class C infraction if that person is not:
        (1) a pregnant woman; or
        (2) in the process of transporting at least one (1) child whose birth certificate is attached to the placard.
    (e) Notwithstanding IC 34-28-5-4(c), a civil judgment of not less than fifty dollars ($50) must be imposed for an infraction committed in violation of this section.

SOURCE: IC 5-16-9-8; (07)MO123713.4. -->     SECTION 4. IC 5-16-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) As used in this section, "owner" means a person in whose name a motor vehicle is registered under:
        (1) IC 9-18;
        (2) the laws of another state; or
        (3) the laws of a foreign country.
    (b) As used in this section, "lessee" means a person who has care, custody, or control of a motor vehicle under a written agreement for the rental or lease of the motor vehicle for less than sixty-one (61) days. The term does not include an employee of the owner of the motor vehicle.
    (c) An owner or lessee of a motor vehicle commits a Class C infraction if the motor vehicle:
        (1) is located in a parking space in a parking facility that is marked under section 2 of this chapter as a parking space reserved

for a person with a physical disability or a person with children; and
        (2) does not display:
            (A) an unexpired parking permit for a person with a physical disability issued under IC 9-14-5;
            (B) an unexpired disabled veteran's registration plate issued under IC 9-18-18;
            (C) an unexpired registration plate or decal for a person with a physical disability issued under IC 9-18-22; or
            (D) an unexpired parking permit for a person with a physical disability, an unexpired disabled veteran's registration plate, or an unexpired registration plate or decal for a person with a physical disability issued under the laws of another state; or
             (E) an unexpired placard for a person with children issued under IC 9-14-6.
    (d) It is a defense that IC 9-30-11-8 applies to the violation.
    (e) It is a defense that the motor vehicle was the subject of an offense described in IC 35-43-4 at the time of the violation of this section.
    (f) Notwithstanding IC 34-28-5-4(c), a civil judgment of not less than fifty dollars ($50) must be imposed for an infraction committed in violation of this section.

SOURCE: IC 5-16-9-9; (07)MO123713.5. -->     SECTION 5. IC 5-16-9-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) This chapter does not prohibit a county, city, or town from adopting and enforcing an ordinance that regulates standing or parking of motor vehicles in a space reserved for:
         (1) a person with a physical disability under section 2 of this chapter, IC 9-21-1-3, or IC 9-21-18-4; or
        (2) a person with children.

    (b) An ordinance described in subsection (a) may not conflict with this chapter.
    (c) An ordinance described in subsection (a) may not require a person to obtain or display any permit, registration plate, or registration decal to stand or park in a space reserved for a person with a physical disability under section 2 of this chapter, except the following:
        (1) A parking permit for a person with a physical disability issued under IC 9-14-5.
        (2) A disabled veteran's registration plate issued under IC 9-18-18.
        (3) A registration plate or decal for a person with a physical disability issued under IC 9-18-22.
         (4) A placard for a person with children issued under IC 9-14-6.
    (d) An ordinance described in subsection (a) must permit a motor vehicle displaying an unexpired parking permit for a person with a physical disability, an unexpired disabled veteran's registration plate,

or an unexpired registration plate or decal for a person with a physical disability issued under the laws of another state to stand or park in a space reserved for a person with a physical disability but only when the vehicle is being used to transport a person with a physical disability.".

SOURCE: Page 2, line 29; (07)MO123713.2. -->     Page 2, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 9-14-6; (07)MO123713.11. -->     "SECTION 11. IC 9-14-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 6. Parking Placards for Persons With Children
    Sec. 1. The bureau shall issue a placard to the following:
        (1) A pregnant woman who is certified as pregnant by a physician having an unlimited license to practice medicine.
        (2) A person who operates a vehicle that is being used to transport at least one (1) child who is:
            (A) less than eight (8) years of age; and
            (B) required to be properly fastened and restrained in a child restraint system under IC 9-19-11-2.
    Sec. 2. The placard required under section 1 of this chapter must contain the following:
        (1) The words "Parking Permit for Persons With Children".
        (2) An expiration date.
    Sec. 3. A placard issued under section 1(1) of this chapter expires one (1) month after the date on which the woman ceases to be pregnant, as certified by the woman's attending physician.
    Sec. 4. A placard issued under section 1(2) of this chapter expires on the date on which the youngest child being transported in the vehicle reaches eight (8) years of age, as evidenced by a copy of the child's birth certificate attached to the placard.
    Sec. 5. When issuing a placard under this chapter, the bureau shall provide the individual to whom a placard is issued instructions explaining the proper use of the placard.
    Sec. 6. A placard issued under this chapter must be displayed on the dashboard of a motor vehicle that is parked in a parking space reserved for persons with children under IC 5-16-9. If a placard is lost, stolen, damaged, or destroyed, the bureau shall provide a duplicate placard upon the application of the person who was issued the placard.
    Sec. 7. The bureau shall adopt rules under IC 4-22-2 to implement this chapter.

    Sec. 8. A person who knowingly and falsely represents the person as having the qualifications to obtain a placard issued under this chapter commits a Class C misdemeanor.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1237 as printed February 9, 2007.)

________________________________________

Representative Stutzman


MO123713/DI 103     2007