Reprinted
February 23, 2010
ENGROSSED
SENATE BILL No. 400
_____
DIGEST OF SB 400
(Updated February 22, 2010 4:35 pm - DI 96)
Citations Affected: IC 9-13; IC 9-21; IC 9-24; IC 14-8; IC 14-16;
IC 15-12; IC 34-13.
Synopsis: Motor vehicles. Defines "all-terrain vehicle" (ATV) and
"recreational off-highway vehicle" (ROV). Amends the definition of
"off-road vehicle" for purposes of regulation of land recreation to
specifically include ATVs and ROVs. Prohibits: (1) a county, city, or
town from adopting an ordinance; and (2) the department of natural
resources from adopting a rule, regulation, or guideline; that imposes
on off-road vehicles a dry weight limitation of less than 2,000 pounds.
Cross-references the new ATV definition for purposes of excluding
ATVs from requirements concerning the repurchase of farm or
industrial machinery. Provides that a governmental entity or an
(Continued next page)
Effective: July 1, 2010.
Yoder
, Lewis, Steele
(HOUSE SPONSORS _ AUSTIN, WOLKINS)
January 14, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
February 9, 2010, read first time and referred to Committee on Roads and Transportation.
February 18, 2010, amended, reported _ Do Pass.
February 22, 2010, read second time, amended, ordered engrossed.
Digest Continued
employee acting within the scope of the employee's employment is not
liable if a loss results from the operation of an off-road vehicle by a
non-governmental employee, or by a governmental employee not acting
within the scope of the employment of the employee, on a public
highway in a county road system outside the corporate limits of a city
or town, unless the loss is the result of an act or omission amounting to
gross negligence, willful or wanton misconduct, or intentional
misconduct, with certain exceptions. Revises provisions governing the
use of golf carts on certain county roads. Provides that an ordinance
authorizing the use of golf carts on county roads must require that: (1)
an individual who operates a golf cart on a county road hold a driver's
license; and (2) a fine assessed for a violation of the ordinance be
deposited in the general fund of the county. Specifies that the violation
of an ordinance governing the use of a golf cart on a state highway in
the county is considered an ordinance violation (instead of a Class C
infraction). Requires a collector snowmobile to be registered with the
department of natural resources in order to be operated on public
property. Adds a 3, 4, or 6 wheeled construction related motor vehicle
that is: (1) capable of cross-country travel without the benefit of a road
and on or immediately over land, water, snow, ice, marsh, swampland,
or other natural terrain; and (2) used primarily for construction related
purposes; to the definition of "farm wagon" for purposes of the
operation of the motor vehicle on highways.
Reprinted
February 23, 2010
Second Regular Session 116th General Assembly (2010)
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 2009 Regular and Special Sessions of the General Assembly.
ENGROSSED
SENATE BILL No. 400
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources and civil law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-60; (10)ES0400.2.1. -->
SECTION 1. IC 9-13-2-60, AS AMENDED BY P.L.150-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 60. (a) "Farm wagon" means either any of the
following:
(1) A wagon, other than an implement of agriculture, that is used
primarily for transporting farm products and farm supplies in
connection with a farming operation.
(2) A three (3), four (4), or six (6) wheeled motor vehicle with a
folding hitch on the front of the motor vehicle, manufactured with
seating for not more than four (4) individuals, that is used
primarily:
(A) to transport an individual from one (1) farm field to
another, whether or not the motor vehicle is operated on a
highway in order to reach the other farm field;
(B) for the transportation of an individual upon farm premises;
or
(C) for both purposes set forth in clauses (A) and (B).
(3) A three (3), four (4), or six (6) wheeled construction
related motor vehicle, capable of cross-country travel:
(A) without the benefit of a road; and
(B) on or immediately over land, water, snow, ice, marsh,
swampland, or other natural terrain;
that is used primarily for construction related purposes,
including hauling building materials.
(b) The term includes a motor vehicle described in subsection (a)(2)
that is used for the incidental transportation of farm supplies or farm
implements at the same time it is used for the transportation of an
individual.
SOURCE: IC 9-21-1-3.3; (10)ES0400.2.2. -->
SECTION 2. IC 9-21-1-3.3, AS AMENDED BY P.L.182-2009(ss),
SECTION 292, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3.3. (a) A county, city, or a town
may adopt by ordinance traffic regulations concerning the use of golf
carts on a highway under the jurisdiction of the county, city, or the
town. An ordinance adopted under this subsection may not:
(1) conflict with or duplicate another state law; or
(2) conflict with a driver's licensing requirement of another
provision of the Indiana Code.
(b) A fine assessed for a violation of a traffic ordinance adopted by
a county, city, or a town under this section shall be deposited into the
general fund of the county, city, or town.
(c) A person who violates subsection (a) commits a Class C
infraction.
(c) Notwithstanding subsection (a), an ordinance adopted by a
county under the authority of this section must require that a golf
cart may not be operated on a highway with a speed limit of
greater than thirty-five (35) miles per hour.
SOURCE: IC 9-21-9-0.5; (10)ES0400.2.3. -->
SECTION 3. IC 9-21-9-0.5, AS AMENDED BY P.L.150-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 0.5. (a) This chapter does not apply to the
following:
(1) An electric personal assistive mobility device.
(2) A low speed vehicle.
(3) Except as provided in subsection (b), a golf cart.
(b) An ordinance adopted in accordance with IC 9-21-1-3(a)(14) or
IC 9-21-1-3.3(a) may require a golf cart to display a slow moving
vehicle emblem in accordance with section 3 of this chapter or a red or
amber flashing lamp in accordance with section 4 of this chapter. A
fine assessed for a violation of an ordinance under this section shall be
deposited in the general fund of the city, county, or town.
SOURCE: IC 9-24-1-7; (10)ES0400.2.4. -->
SECTION 4. IC 9-24-1-7, AS AMENDED BY P.L.150-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 7. (a) Sections 1 through 5 of this chapter do not
apply to the following individuals:
(1) An individual in the service of the armed forces of the United
States while operating an official motor vehicle in that service.
(2) An individual while operating:
(A) a road roller;
(B) road construction or maintenance machinery, except where
the road roller or machinery is required to be registered under
Indiana law;
(C) a ditch digging apparatus;
(D) a well drilling apparatus;
(E) a concrete mixer; or
(F) a farm tractor, a farm wagon (as defined in
IC 9-13-2-60(a)(2)), or an implement of agriculture designed
to be operated primarily in a farm field or on farm premises;
that is being temporarily drawn, moved, or propelled on a public
highway. However, to operate a farm wagon (as defined in
IC 9-13-2-60(a)(2)) on a highway, an individual must be at least
fifteen (15) years of age.
(3) A nonresident who:
(A) is at least sixteen (16) years and one (1) month of age; and
(B) has in the nonresident's immediate possession a valid
operator's license that was issued to the nonresident in the
nonresident's home state or country;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid
chauffeur's license that was issued to the nonresident in the
nonresident's home state or country;
while operating a motor vehicle upon a public highway, either as
an operator or a chauffeur.
(5) A nonresident who:
(A) is at least eighteen (18) years of age; and
(B) has in the nonresident's immediate possession a valid
license issued by the nonresident's home state for the operation
of any motor vehicle upon a public highway when in use as a
public passenger carrying vehicle;
while operating a motor vehicle upon a public highway.
(6) A nonresident whose home state or country does not require
the licensing of operators or chauffeurs and who has not been
licensed as an operator or a chauffeur in the nonresident's home
state or country as an operator if the nonresident is at least sixteen
(16) years and thirty (30) days of age and less than eighteen (18)
years of age or as a chauffeur if the nonresident is at least
eighteen (18) years of age, for not more than sixty (60) days in
any one (1) year if the following conditions exist:
(A) The unlicensed nonresident is the owner of the motor
vehicle or the authorized driver of the vehicle.
(B) The vehicle has been registered for the current year in the
state or country of which the owner is a resident.
(C) The motor vehicle at all times displays a registration plate
issued in the home state or country of the owner.
(D) The nonresident owner or driver has in the owner's or
driver's immediate possession a registration card evidencing
ownership and registration in the owner's or driver's home
state or country or is able at any required time or place to do
the following:
(i) Prove lawful possession or the right to operate the motor
vehicle.
(ii) Establish the nonresident's proper identity.
(7) An individual who is legally licensed to operate a motor
vehicle in the state of the individual's residence and who is
employed in Indiana, subject to the restrictions imposed by the
state of the individual's residence.
(8) A new resident of Indiana who possesses an unexpired driver's
license issued by the resident's former state of residence, for a
period of sixty (60) days after becoming a resident of Indiana.
(9) An individual who is an engineer, a conductor, a brakeman, or
another member of the crew of a locomotive or a train that is
being operated upon rails, including the operation of the
locomotive or the train on a crossing over a street or a highway.
An individual described in this subdivision is not required to
display a license to a law enforcement officer in connection with
the operation of a locomotive or a train in Indiana.
(b) An ordinance adopted under IC 9-21-1-3((a)(14) or
IC 9-21-1-3.3(a) must require that an individual who operates a golf
cart in the city, county, or town hold a driver's license.
SOURCE: IC 14-8-2-5.7; (10)ES0400.2.5. -->
SECTION 5. IC 14-8-2-5.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 5.7. "All-terrain vehicle", for purposes of
IC 14-8-2-185, means a motorized, off-highway vehicle that:
(1) is fifty (50) inches or less in width;
(2) has a dry weight of twelve hundred (1,200) pounds or less;
(3) is designed for travel on at least three (3) nonhighway or
off-highway tires;
(4) is designed for recreational use by one (1) or more
individuals;
(5) has a seat or saddle designed to be straddled by the
operator; and
(6) has handlebars for steering control.
The term includes parts, equipment, or attachments sold with the
vehicle.
SOURCE: IC 14-8-2-185; (10)ES0400.2.6. -->
SECTION 6. IC 14-8-2-185, AS AMENDED BY P.L.150-2009,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 185. (a) "Off-road vehicle", for purposes of
IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable
of cross-country travel:
(1) without benefit of a road; and
(2) on or immediately over land, water, snow, ice, marsh,
swampland, or other natural terrain.
(b) The term includes the following:
(1) A multiwheel drive or low pressure tire vehicle.
(2) An amphibious machine.
(3) A ground effect air cushion vehicle.
(4) An all-terrain vehicle (as defined in section 5.7 of this
chapter).
(5) A recreational off-highway vehicle (as defined in section
233.5 of this chapter).
(4) (6) Other means of transportation deriving motive power from
a source other than muscle or wind.
(c) The term does not include the following:
(1) A farm vehicle being used for farming, including, but not
limited to, a farm wagon (as defined in IC 9-13-2-60(a)(2)).
(2) A vehicle used for military or law enforcement purposes.
(3) A construction, mining, or other industrial related vehicle used
in performance of the vehicle's common function, including, but
not limited to, a farm wagon (as defined in
IC 9-13-2-60(a)(3)).
(4) A snowmobile (as defined by section 261 of this chapter).
(5) A registered aircraft.
(6) Any other vehicle properly registered by the bureau of motor
vehicles.
(7) Any watercraft that is registered under Indiana statutes.
(8) A golf cart vehicle.
SOURCE: IC 14-8-2-233.5; (10)ES0400.2.7. -->
SECTION 7. IC 14-8-2-233.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 233.5. "Recreational off-road
vehicle", for purposes of IC 14-8-2-185, means a motorized,
off-highway vehicle that:
(1) is sixty-four (64) inches or less in width;
(2) has a dry weight of two thousand (2,000) pounds or less;
(3) is designed for travel on at least four (4) nonhighway or
off-highway tires;
(4) is designed for recreational use by one (1) or more
individuals;
(5) has a nonstraddle seat or saddle; and
(6) has a steering wheel for steering control.
SOURCE: IC 14-16-1-1.8; (10)ES0400.2.8. -->
SECTION 8. IC 14-16-1-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 1.8. As used in this chapter, "collector snowmobile"
means a snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for
participation in special events of limited duration, including
races, parades, and other group events.
SOURCE: IC 14-16-1-8; (10)ES0400.2.9. -->
SECTION 9. IC 14-16-1-8, AS AMENDED BY P.L.225-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) Except as otherwise provided, the following
may not be operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile
(including a collector snowmobile).
(b) Except as provided under subsection (c),
a vehicle that is
purchased after December 31, 2003, the following must be registered
under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1)
A An off-road vehicle that is exclusively operated in a special
event of limited duration that is conducted according to a
prearranged schedule under a permit from the governmental unit
having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana as
authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or
demonstration with temporary placement of numbers as set forth
in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's
possession a bill of sale from a dealer or private individual that
includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31)
days preceding the date that the operator is required to show
the bill of sale.
(C) The make, model, and vehicle number of the vehicle
provided by the manufacturer as required by section 13 of this
chapter.
SOURCE: IC 14-16-1-22; (10)ES0400.2.10. -->
SECTION 10. IC 14-16-1-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22. A county, city, or
town may pass an ordinance regulating the operation of vehicles if the
ordinance meets substantially the minimum requirements of this
chapter. However, a county, city, or town may not adopt an ordinance
that does any of the following:
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's license issued
under IC 9-24-11 while operating an off-road vehicle or
snowmobile.
(4) Imposes a dry weight limitation of less than two thousand
(2,000) pounds.
SOURCE: IC 14-16-1-31; (10)ES0400.2.11. -->
SECTION 11. IC 14-16-1-31 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 31. The department may not
adopt a rule, regulation, or guideline that, with respect to an
off-road vehicle, imposes a dry weight limitation of less than two
thousand (2,000) pounds.
SOURCE: IC 15-12-3-2; (10)ES0400.2.12. -->
SECTION 12. IC 15-12-3-2, AS ADDED BY P.L.2-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. As used in this chapter, "all terrain vehicle"
means a motorized, off-highway vehicle that:
(1) is fifty (50) inches or less in width;
(2) has a dry weight of six hundred (600) pounds or less;
(3) is designed for travel on at least three (3) low pressure tires;
(4) is designed for operator use only with no passengers;
(5) has a seat or saddle designed to be straddled by the operator;
and
(6) has handlebars for steering control.
The term includes parts, equipment, or attachments sold with the
vehicle. has the meaning set forth in IC 14-8-2-5.7.
SOURCE: IC 34-13-3-3; (10)ES0400.2.13. -->
SECTION 13. IC 34-13-3-3, AS AMENDED BY P.L.121-2009,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. A governmental entity or an employee acting
within the scope of the employee's employment is not liable if a loss
results from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a
discipline policy adopted under IC 20-33-8-12.
(21) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
(22) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
(23) The operation of an off-road vehicle (as defined in
IC 14-8-2-185) by a nongovernmental employee, or by a
governmental employee not acting within the scope of the
employment of the employee, on a public highway in a county
road system outside the corporate limits of a city or town,
unless the loss is the result of an act or omission amounting to:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.
This subdivision shall not be construed to relieve a
governmental entity from liability for the continuing duty to
maintain highways in a reasonably safe condition for the
operation of motor vehicles licensed by the bureau of motor
vehicles for operation on public highways.