SB 127-2_ Filed 04/29/2011, 11:56
Adopted 4/29/2011
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 127
Citations Affected: IC 5-2-6.5-1; IC 8-14-1-1; IC 9-13-2; IC 9-14-2; IC 9-24; IC 9-27; IC 9-29;
IC 20-19-2-8; IC 20-30-13-0.5; IC 34-13-3-2; IC 34-30-2.
Synopsis: Driver's education. Conference committee report for ESB 127. Transfers the
responsibilities concerning: (1) commercial driver training schools from the Indiana criminal
justice institute; (2) motorcycle operator education and secondary school driver training from the
department of education; and (3) truck driver training from the Indiana commission on
proprietary education (commission) and the state department of revenue; to the bureau of motor
vehicles (bureau). Establishes the driver education advisory board and requires the bureau to
adopt rules concerning driver education training, including rules pertaining to commercial driver
training schools, certain driver education programs, and driver education instructors. Requires
an applicant for an operator's license who is required to complete at least 50 hours of supervised
practice driving to submit to the commission a log, under penalty of perjury, of the time driven
before receiving the operator's license. Authorizes the bureau to adopt rules concerning service
charges for the administration of a skills or written test by certain driver education instructors.
Changes the term "road test" for purposes of examination of the ability to operate a motor vehicle
to "skills test". Permits an applicant for examination for the issuance of a driver's license to take
the required written tests or skills test in any location in Indiana (current law requires the tests
to be administered in the county where the license branch in which the application was made is
located). Provides that certain rules pertaining to driver education adopted by the Indiana
commission on proprietary education, the Indiana criminal justice institute, the department of
state revenue, and the state board of education concerning driver education are considered, after
December 31, 2011, rules of the bureau. Provides for certain immunities pertaining to
governmental entities and public employees for: (1) members of the driver education advisory
board; and (2) driver education instructors making reports concerning the fitness of applicants
to operate a motor vehicle. Authorizes the bureau to issue a learner's permit to a person at least
15 years of age under certain conditions. Makes corresponding changes. (This conference
committee report: (1) deletes language eliminating the employment position of driver
examiner within the bureau of motor vehicles; (2) adds state educational institutions in
addition to postsecondary proprietary educational institutions as schools defined as truck
driver training schools; (3) adds the provision concerning administration of driver's license
tests in locations other than the county of the license application (instead of repealing the
current requirement); (4) authorizes the bureau to issue a learner's permit to a person at
least 15 years of age under certain conditions; (5) resolves conflicts with HEA 1429-2011,
SEA 1-2011, and SEA 494-2011; and (6) makes technical corrections.)
Effective: Upon passage; July 1, 2011.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 127 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-2-6.5-1; (11)CC012705.1. -->
SECTION 1. IC 5-2-6.5-1, AS ADDED BY P.L.107-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) This chapter applies after December 31,
2008.
(b) This chapter expires December 31, 2011.
SOURCE: IC 8-14-1-1; (11)CC012705.2. -->
SECTION 2. IC 8-14-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. As used in this chapter:
(1) "Motor vehicle highway account" means the account of the
general fund of the state known as the "motor vehicle highway
account" to which is credited collections from motor vehicle
registration fees, licenses, driver's and chauffeur's license fees,
gasoline taxes, auto transfer fees, certificate of title fees, weight
taxes or excise taxes and all other similar special taxes, duties or
excises of all kinds on motor vehicles, trailers, motor vehicle fuel,
or motor vehicle owners or operators.
The account also includes
fees collected under IC 9-27-6-9(d).
(2) The term "department" refers to the Indiana department of
transportation.
(3) The term "highways" includes roadway, rights of way, bridges,
drainage structures, signs, guard rails, protective structures in
connection with highways, drains, culverts, and bridges and the
substructure and superstructure of bridges and approaches thereto
and streets and alleys of cities or towns.
(4) The term "construction" means the planning, supervising,
inspecting, actual building, draining, and all expenses incidental
to the construction of a highway.
(5) The term "reconstruction" means a widening or a rebuilding
of the highway or any portion thereof.
(6) The term "maintenance" when used in reference to cities,
towns, and counties as applied to that part of the highway other
than bridges, means the constant making of needed repairs, to
preserve a smooth surfaced highway, adequately drained, marked
and guarded by protective structures for public safety and, as to
bridges, means the constant making of needed repairs to preserve
a smooth surfaced highway thereon and the safety and
preservation of the bridge and its approaches, together with the
substructure and superstructure thereof; and such term also means
and includes the acquisition and use, in any manner, of all needed
equipment, fuel, materials, and supplies essential and incident
thereto.
(7) The term "vehicle registration" means the number of vehicles
subject to registration under IC 9-18 which are registered
thereunder, and, when used with respect to the state, shall mean
the number of vehicles registered in the state and, when used in
respect to a county, city, or town, shall mean the number of
vehicles registered by owners resident in the county, city, or town.
SOURCE: IC 9-13-2-5; (11)CC012705.3. -->
SECTION 3. IC 9-13-2-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. (a) This subsection expires
December 31, 2011. "Approved motorcycle driver education and
training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or other driver education school offering
motorcycle driver training as developed and approved by the state
superintendent of public instruction and the bureau; or
(2) a course that is offered by a commercial driving school or new
motorcycle dealer and that is approved by the bureau.
(b) This subsection applies after December 31, 2011. "Approved
motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school,
a new motorcycle dealer, or another driver education school
offering motorcycle driver training as developed and
approved by the bureau; or
(2) a course that is:
(A) offered by a commercial driving school or new
motorcycle dealer; and
(B) approved by the bureau.
SOURCE: IC 9-13-2-19.2; (11)CC012705.4. -->
SECTION 4. IC 9-13-2-19.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 19.2. "Certified chief instructor", for purposes of
IC 9-27-7, has the meaning set forth in IC 9-27-7-2.
SOURCE: IC 9-13-2-28; (11)CC012705.5. -->
SECTION 5. IC 9-13-2-28, AS AMENDED BY P.L.1-2010,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 28. (a) "Commercial driver training school", for
purposes of IC 9-24-10-4, has the meaning set forth in IC 5-2-6.5-5.
(b) This section expires December 31, 2011.
SOURCE: IC 9-13-2-28.5; (11)CC012705.6. -->
SECTION 6. IC 9-13-2-28.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 28.5. "Commercial driver training school", for
purposes of IC 9-27-6, has the meaning set forth in IC 9-27-6-3.
SOURCE: IC 9-13-2-80.5; (11)CC012705.7. -->
SECTION 7. IC 9-13-2-80.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 80.5. "Instructor", for purposes of IC 9-27-6, has the
meaning set forth in IC 9-27-6-4.
SOURCE: IC 9-13-2-188.5; (11)CC012705.8. -->
SECTION 8. IC 9-13-2-188.5, AS AMENDED BY P.L.2-2007,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 188.5. (a) This subsection expires
December 31, 2011. "Truck driver training school" means a
postsecondary proprietary educational institution (as defined in
IC 21-17-1-13) located in Indiana and accredited by the Indiana
commission on proprietary education or a state educational institution
subject to rules adopted by the bureau under IC 9-24-6-5.5 that:
(1) educates or trains a person; or
(2) prepares a person for an examination or a validation given by
the bureau;
to operate a truck as a vocation.
(b) This subsection applies after December 31, 2011. "Truck
driver training school" means a postsecondary proprietary
educational institution (as defined in IC 21-17-1-13) that:
(1) is located in Indiana or is a state educational institution;
(2) is subject to rules adopted by the bureau under
IC 9-24-6-5.5; and
(3) either:
(A) educates or trains a person; or
(B) prepares a person for an examination or a validation
given by the bureau;
to operate a truck as a vocation.
SOURCE: IC 9-14-2-2; (11)CC012705.9. -->
SECTION 9. IC 9-14-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.
(a) The bureau may adopt and
enforce rules under IC 4-22-2 that are necessary to carry out this title.
(b) The rules adopted under IC 4-22-2 by the Indiana
commission on proprietary education established by IC 21-17-2-1
concerning truck driver training schools are considered, after
December 31, 2011, rules of the bureau.
(c) The rules adopted under IC 4-22-2 by the Indiana criminal
justice institute established by IC 5-2-6-3 concerning commercial
driver training schools are considered, after December 31, 2011,
rules of the bureau.
(d) The rules adopted under IC 4-22-2 by the department of
state revenue established by IC 6-8.1-2-1 concerning a student of
a truck driver training school and a truck driver training school
are considered, after December 31, 2011, rules of the bureau.
(e) The rules adopted under IC 4-22-2 by the Indiana state
board of education established by IC 20-19-2-2 concerning driver
education are considered, after December 31, 2011, rules of the
bureau.
SOURCE: IC 9-14-2-8; (11)CC012705.10. -->
SECTION 10. IC 9-14-2-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Notwithstanding IC 9-24-10-4(d),
IC 9-27-6-6(b), IC 9-27-6-7(b), IC 9-27-6-8(b), IC 9-27-6-9(b),
IC 9-27-6-11, and IC 9-29-9-3.5, the bureau shall carry out the
duties imposed upon it under IC 9-24-10-4(d), IC 9-27-6-6(b),
IC 9-27-6-7(b), IC 9-27-6-8(b), IC 9-27-6-9(b), IC 9-27-6-11, and
IC 9-29-9-3.5, through the adoption of interim written guidelines
approved by the commissioner of the bureau.
(b) This section expires December 31, 2014.
SOURCE: IC 9-24-3-1; (11)CC012705.11. -->
SECTION 11. IC 9-24-3-1, AS AMENDED BY P.L.101-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. Except as otherwise provided in this article, the
bureau shall issue an operator's license to an individual who meets the
following conditions:
(1) Satisfies the age requirements set forth in section 2 or 2.5 of
this chapter.
(2) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau. Effective July 1, 2010, The form
must include a verification an attestation concerning the number
of hours of supervised driving practice that the individual has
completed if the individual is required under section 2.5 of this
chapter to complete a certain number of hours of supervised
driving practice in order to receive an operator's license. The:
(A) parent or guardian of an applicant less than eighteen
(18) years of age; or
(B) applicant, if the applicant is at least eighteen (18) years
of age;
shall attest in writing under penalty of perjury to the time
logged in practice driving.
(3) Satisfactorily passes the examination and tests required for
issuance of an operator's license under IC 9-24-10.
(4) Pays the fee prescribed by IC 9-29-9.
SOURCE: IC 9-24-3-2.5; (11)CC012705.12. -->
SECTION 12. IC 9-24-3-2.5, AS ADDED BY P.L.101-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.5.
(a) This section applies beginning July 1,
2010.
(b) (a) Except as provided in section 3 of this chapter, an individual
must satisfy the requirements set forth in one (1) of the following
subdivisions to receive an operator's license:
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Obtains an instructor's certification that the individual has
satisfactorily completed an approved driver education course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver who is at least
twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver who is at least
twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at the
time of application, qualifies as an Indiana resident.
(C) Holds an unrevoked driver's license, excluding a learner's
permit or the equivalent, in the state or a combination of states
in which the individual formerly resided for at least one
hundred eighty (180) days.
(D) Passes the required examination.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at the
time of application, qualifies as an Indiana resident.
(C) Has held an unrevoked operator's, chauffeur's, commercial
driver's, or public passenger chauffeur's license from the state
of prior residence.
(D) Passes the required examination.
(b) An applicant who is required to complete at least fifty (50)
hours of supervised practice driving under subsection (a)(1)(E) or
(a)(2)(D) must submit to the commission under IC 9-24-9-2(d)
evidence of the time logged in practice driving.
SOURCE: IC 9-24-6-5.3; (11)CC012705.13. -->
SECTION 13. IC 9-24-6-5.3, AS AMENDED BY P.L.2-2007,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.3. (a) The owner of a truck driver
training school or a state educational institution that operates a truck
driver training school as a course of study must notify the bureau:
(1) of a student's completion of a course of the truck driver
training school immediately after the student completes the
course; or
(2) of the termination of a student's instruction in the truck driver
training school immediately after the student's instruction
terminates.
(b) This subsection expires December 31, 2011. In addition to
satisfying the requirements of IC 21-17-3-12(a), the owner of a truck
driver training school must retain records relating to each student of the
truck driver training school for not less than six (6) years.
(c) This subsection applies after December 31, 2011. The owner
of a truck driver training school shall retain records relating to
each student of the truck driver training school for at least six (6)
years.
SOURCE: IC 9-24-6-5.5; (11)CC012705.14. -->
SECTION 14. IC 9-24-6-5.5, AS AMENDED BY P.L.2-2007,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. (a) This subsection expires
December 31, 2011. A truck driver training school accredited by the
Indiana commission on proprietary education is subject to rules
adopted by the Indiana commission on proprietary education.
(b) A:
(1) student of a truck driver training school; and
(2) truck driver training school;
are subject to applicable rules adopted by the department of state
revenue.
(c) This subsection applies after December 31, 2011. A:
(1) student of a truck driver training school; and
(2) truck driver training school;
is subject to applicable rules adopted by the bureau.
SOURCE: IC 9-24-7-1; (11)CC012705.15. -->
SECTION 15. IC 9-24-7-1, AS AMENDED BY P.L.101-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) This subsection expires June 30, 2010. The
bureau shall issue a learner's permit to an individual who meets the
following conditions:
(1) Is at least fifteen (15) years of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(b) This subsection applies beginning July 1, 2010, and expires
September 1, 2011. The bureau shall issue a learner's permit to an
individual who meets the following conditions:
(1) Is at least fifteen (15) years and one hundred eighty (180) days
of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(c) This subsection applies beginning September 1, 2011. The
bureau shall issue a learner's permit to an individual who meets
the following conditions:
(1) Is at least fifteen (15) years of age.
(2) If less than eighteen (18) years of age, is not ineligible
under IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
SOURCE: IC 9-24-7-7; (11)CC012705.16. -->
SECTION 16. IC 9-24-7-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 7. The bureau shall publish an online
driving guide that may be used by the holder of a learner's permit
and the parent of the holder of a learner's permit, if applicable.
The driving guide must include a log that must be completed to
show evidence of the completion of the hours of supervised practice
driving required under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D).
SOURCE: IC 9-24-9-2; (11)CC012705.17. -->
SECTION 17. IC 9-24-9-2, AS AMENDED BY P.L.184-2007,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Before January 1, 2008, each
application for a license or permit under this chapter must require the
following information:
(1) The name, date of birth, sex, Social Security number, and
mailing address, and, if different from the mailing address, the
residence address of the applicant. The applicant shall indicate to
the bureau:
(A) which address the license or permit shall contain; and
(B) whether the Social Security number or another
distinguishing number shall be the distinctive identification
number used on the license or permit.
(2) Whether the applicant has been licensed as an operator, a
chauffeur, or a public passenger chauffeur or has been the holder
of a learner's permit, and if so, when and by what state.
(3) Whether the applicant's license or permit has ever been
suspended or revoked, and if so, the date of and the reason for the
suspension or revocation.
(4) Whether the applicant has been convicted of a crime
punishable as a felony under Indiana motor vehicle law or any
other felony in the commission of which a motor vehicle was
used.
(5) Whether the applicant has a physical or mental disability, and
if so, the nature of the disability and other information the bureau
directs.
The bureau shall maintain records of the information provided under
subdivisions (1) through (5).
(b) Except as provided in subsection (c), after December 31, 2007,
each application for a license or permit under this chapter must require
the following information:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
(7) Whether the applicant has been subject to fainting spells or
seizures.
(8) Whether the applicant has been licensed as an operator, a
chauffeur, or a public passenger chauffeur or has been the holder
of a learner's permit, and if so, when and by what state.
(9) Whether the applicant's license or permit has ever been
suspended or revoked, and if so, the date of and the reason for the
suspension or revocation.
(10) Whether the applicant has been convicted of a crime
punishable as a felony under Indiana motor vehicle law or any
other felony in the commission of which a motor vehicle was
used.
(11) Whether the applicant has a physical or mental disability,
and if so, the nature of the disability and other information the
bureau directs.
(12) The signature of the applicant.
The bureau shall maintain records of the information provided under
subdivisions (1) through (12).
(c) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
(d) In addition to the information required by subsection (b), an
applicant who is required to complete at least fifty (50) hours of
supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D) must submit to the commission evidence of
the time logged in practice driving. The bureau shall maintain a
record of the time log provided.
SOURCE: IC 9-24-10-1; (11)CC012705.18. -->
SECTION 18. IC 9-24-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. An individual who
applies for a permit or license under this chapter and who is required
by this chapter to take an examination shall, upon applying for the
permit or license:
(1) appear before a member of the bureau designated by the
commissioner; or
(2) appear before an instructor having an endorsement under
IC 9-27-6-8 who did not instruct the individual applying for
the license or permit in driver education;
and be examined concerning the applicant's qualifications and ability
to operate a motor vehicle upon Indiana highways.
SOURCE: IC 9-24-10-3; (11)CC012705.19. -->
SECTION 19. IC 9-24-10-3, AS AMENDED BY P.L.210-2005,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) Except as provided by subsection (b),
examinations shall be held in the county where the license branch
office in which the application was made is located, within a
reasonable length of time following the date of the application.
(b) After June 30, 2011, an applicant may take any or all of the
tests required by section 4(a)(1)(B), 4(a)(1)(C), and 4(a)(2) of this
chapter at any location in Indiana.
SOURCE: IC 9-24-10-4; (11)CC012705.20. -->
SECTION 20. IC 9-24-10-4, AS AMENDED BY P.L.126-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) Except as provided in subsection (c), an
examination for a learner's permit must consist of a test of the
applicant's eyesight and knowledge of IC 9-26-1-1.5. All other
examinations must include the following:
(1) A test of the following of the applicant:
(A) Eyesight.
(B) Ability to read and understand highway signs regulating,
warning, and directing traffic.
(C) Knowledge of Indiana traffic laws, including
IC 9-26-1-1.5.
(2) An actual demonstration of the applicant's ability to exercise
skill in exercising ordinary and reasonable control in the
operation of a motor vehicle under the type of permit or license
applied for.
(b) The examination may include further physical and mental
examination that the bureau finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon Indiana
highways. The applicant must provide the motor vehicle used in the
examination.
(c) The bureau:
(1) shall waive the actual demonstration required under
subsection (a)(2) for a person who has passed a driver's education
class and a road skills test given by a commercial driver training
school or a high school driver education program given by an
entity licensed under IC 9-27-6-7; and
(2) may waive the testing, other than testing under subsection
(a)(1)(A), of an applicant who has passed:
(A) an examination concerning:
(i) subsection (a)(1)(B); and
(ii) subsection (a)(1)(C); and
(B) a skills test;
given by a commercial driver training school or an entity
licensed under IC 9-27-6-7.
(d) The bureau shall adopt rules under IC 4-22-2 specifying
requirements for a road skills test given under subsection (c) by a
commercial driver training school or a high school driver education
program. and the testing required under subsection (a)(1)(B) and
(a)(1)(C).
(e) An instructor having an endorsement under IC 9-27-6-8 who
did not instruct the applicant for the license or permit in driver
education is not civilly or criminally liable for a report made in
good faith to the:
(1) bureau;
(2) commission; or
(3) driver licensing medical advisory board;
concerning the fitness of the applicant to operate a motor vehicle
in a manner that does not jeopardize the safety of individuals or
property.
SOURCE: IC 9-27-6; (11)CC012705.21. -->
SECTION 21. IC 9-27-6 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Chapter 6. Driver Education Training
Sec. 1. This chapter applies after December 31, 2011.
Sec. 2. This chapter does not apply to the following:
(1) An individual giving driver training lessons without
charge.
(2) Employers maintaining driver training schools without
charge for employees of the employer only.
Sec. 3. (a) As used in this chapter, "commercial driver training
school" means a business enterprise that:
(1) is conducted by an individual, an association, a
partnership, a limited liability company, or a corporation for
the education and training of persons, practically or
theoretically, or both, to operate or drive motor vehicles or to
prepare an applicant for an examination or validation under
IC 9-24 for a driver's license; and
(2) charges consideration or tuition for the provision of
services.
(b) The term does not include a business enterprise that
educates or trains a person or prepares a person for an
examination or a validation given by the bureau to operate or drive
a motor vehicle as a vocation.
Sec. 4. As used in this chapter, "instructor" means the
following:
(1) An individual, whether acting as the operator of a
commercial driver training school or on behalf of a
commercial driver training school, who for compensation
teaches, conducts classes for, gives demonstrations to, or
supervises the practice of individuals learning to operate or
drive motor vehicles or preparing to take an examination for
a driver's license.
(2) An individual who supervises the work of an instructor.
(3) An individual licensed under IC 20-28-5-1.
(4) An individual under the authority of a postsecondary
proprietary educational institution (as defined in
IC 21-17-1-13) who is teaching, conducting classes for, giving
demonstrations to, or supervising the practice of individuals
learning to operate or drive motor vehicles or preparing to
take an examination for a driver's license.
(5) An individual under the authority of a state educational
institution (as defined in IC 21-7-13-32) who is teaching,
conducting classes for, giving demonstrations to, or
supervising the practice of individuals learning to operate or
drive motor vehicles or preparing to take an examination for
a driver's license.
Sec. 5. (a) As used in this section, "board" refers to the driver
education advisory board established by subsection (b).
(b) The driver education advisory board is established to advise
the commissioner in the administration of the policies of the
commission and the bureau regarding driver education.
(c) The board is composed of seven (7) individuals appointed by
the commissioner as follows:
(1) Three (3) members must be driver education professionals
endorsed by the bureau under section 8 of this chapter. In the
selection of individuals for membership under this
subdivision, consideration must be given to driver education
instruction performed in urban and rural areas.
(2) One (1) member must be a traffic safety advocate.
(3) One (1) member must be a representative of the bureau.
(4) One (1) member must be a representative of higher
education.
(5) One (1) member must be a representative of the insurance
industry.
(d) A member of the board serves a three (3) year term. A
member may not serve more than two (2) consecutive full terms.
Each member serves until the member's successor is appointed and
qualified.
(e) A member of the board may be removed for good cause.
(f) A vacancy on the board shall be filled by the appointment by
the commissioner of an individual to fill the position to which the
vacating member was appointed under subsection (c) for the
vacating member's unexpired term.
(g) At the first meeting of the board each year, the members
shall elect:
(1) one (1) member to be the board's chairperson;
(2) one (1) member to be the board's vice chairperson; and
(3) one (1) member to be the board's secretary.
The chairperson, vice chairperson, and secretary serve until their
successors are elected and qualified.
(h) A vacancy in the office of chairperson, vice chairperson, or
secretary shall be filled by vote of the members. The term of office
of a board member chosen to fill a vacancy under this subsection
expires at the first meeting of the board the following year.
(i) The driver education board shall meet at least two (2) times
per year. Additional meetings may be convened at the call of the
chairperson of the board or the written request of any three (3)
members.
(j) Four (4) members of the board constitute a quorum for doing
business. The majority vote of the members who constitute the
quorum and are present and voting is required for the passage of
a matter put to a vote of the board.
(k) The bureau shall provide staff and administrative support
to the board.
(l) The board has the following powers:
(1) To consult with and advise the commissioner in the
administration of the policies of the commission and the
bureau regarding driver education.
(2) To suggest rules regarding the education and training of
persons to operate or drive motor vehicles or to prepare a
person for an examination or validation for a driver's license.
(m) A member of the board is not subject to liability in a civil
action for bodily injury or property damage arising from or
thought to have arisen from an action taken in good faith as a
member of the board.
Sec. 6. (a) To establish or operate a commercial driver training
school, the commercial driver training school must obtain a
commercial driver training school license from the bureau in the
manner and form prescribed by the bureau.
(b) Subject to subsections (c) and (d), the bureau shall adopt
rules under IC 4-22-2 that state the requirements for obtaining a
commercial driver training school license. The rules adopted must
be substantially equivalent to rules adopted under section 7(b) of
this chapter.
(c) The rules adopted under subsection (b) must permit a
licensed commercial driver training school to provide classroom
training during which an instructor is present in a county outside
the county where the commercial driver training school is located
to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed
in subdivisions (1) through (3) only if the governing body of the
entity approves the delivery of the training to its students.
(d) The rules adopted under subsection (b) must provide that
the classroom training part of driver education instruction may not
be provided to a child less than fifteen (15) years of age.
Sec. 7. (a) To establish or operate a driver education program
under the authority of a:
(1) school corporation (as defined in IC 36-1-2-17);
(2) nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) nonpublic secondary school recognized under
IC 20-19-2-10;
(4) postsecondary proprietary educational institution (as
defined in IC 21-17-1-13);
(5) state educational institution (as defined in IC 21-7-13-32);
or
(6) nonaccredited nonpublic school;
the entity providing the training must obtain a school license from
the bureau in the manner and form prescribed by the bureau.
(b) Subject to subsection (c), the bureau shall adopt rules under
IC 4-22-2 that state the requirements for obtaining a school license.
The rules adopted must be substantially equivalent to rules
adopted under section 6(b) of this chapter.
(c) The rules adopted under subsection (b) must provide that the
classroom training part of driver education instruction may not be
provided to a child less than fifteen (15) years of age.
Sec. 8. (a) To be eligible to act as a driver education instructor,
an individual must obtain an instructor's endorsement from the
bureau in the manner and form prescribed by the bureau.
(b) Subject to subsection (c), the bureau shall adopt rules under
IC 4-22-2 that state the requirements for obtaining and renewing
an instructor's endorsement, including the requirements for
continuing education for instructors. The rules must specify the
requirements, including requirements about criminal convictions,
necessary to satisfy the conditions of subsection (c)(3).
(c) The bureau shall issue an instructor's endorsement to an
individual who:
(1) meets the requirements of subsection (a) and rules adopted
under subsection (b);
(2) does not have more than the maximum number of points
for violating traffic laws specified by the bureau by rules
adopted under IC 4-22-2; and
(3) has a good moral character, physical condition, knowledge
of the rules of the road, and work history.
Only an individual who holds an instructor's endorsement issued
by the bureau under this subsection may act as an instructor.
Sec. 9. (a) A license issued under section 6 or 7 of this chapter or
an endorsement issued under section 8 of this chapter expires on
the last day of the fiscal year and may be renewed upon application
to the bureau.
(b) The fee for a license issued under section 6 or 7 of this
chapter or an endorsement issued under section 8 of this chapter
must be prescribed by rule under section 11(1) of this chapter.
(c) A license or endorsement fee may not be refunded if the
license or endorsement application is rejected or the license is
suspended or revoked.
(d) A license or endorsement fee collected under this section
shall be deposited in the motor vehicle highway account fund
established under IC 8-14-1.
Sec. 10. The bureau may refuse to issue, refuse to renew, cancel,
suspend, or revoke a license or an endorsement issued under this
chapter if it is shown that the person:
(1) who applied for the license or endorsement does not meet
the requirements necessary to obtain the license or
endorsement;
(2) no longer meets the requirements necessary to maintain
the license or endorsement; or
(3) has willfully violated this chapter or a rule adopted by the
bureau concerning driver education instruction.
Sec. 11. In addition to adopting rules under sections 6(b), 7(b),
8(b), and 9(b) of this chapter, the bureau shall adopt rules under
IC 4-22-2 concerning the following:
(1) Methods and procedures for the investigation and
evaluation of the qualifications of individuals applying for
licenses under sections 6 and 7 of this chapter and
endorsements under section 8 of this chapter.
(2) The criteria upon which to issue, deny, suspend, renew,
and revoke licenses and endorsements under section 10 of this
chapter, including requirements for continuing education for
instructors.
(3) Procedures for:
(A) the investigation into potential grounds for; and
(B) conduct of hearings on;
the issuance, renewal, cancellation, suspension, or revocation
of a license or an endorsement.
(4) Standards for classroom and in-car driver education
curriculum (including classroom instruction, Internet
instruction, and practice driving) and equipment. Classroom
instruction standards established under this subdivision must
provide for instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ
donor program;
and must limit classroom instruction to students at least
fifteen (15) years of age.
(5) Limitations on the number of:
(A) hours an instructor may teach in a day; and
(B) classroom and driving hours in which a driver
education student may participate during a day.
(6) Programs to improve parental involvement in driver
education.
(7) Establishment and maintenance of standards for
instructors of driver education, including:
(A) secondary school driver education instructors;
(B) commercial driver training school instructors; and
(C) higher education driver education instructors.
SOURCE: IC 9-27-7; (11)CC012705.22. -->
SECTION 22. IC 9-27-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Chapter 7. Motorcycle Operator Safety Education Program
Sec. 1. This chapter applies after December 31, 2011.
Sec. 2. As used in this chapter, "certified chief instructor"
means a licensed motorcycle operator who meets standards
established by the bureau that are equivalent to or more stringent
than those established by the Motorcycle Safety Foundation for
instructors in motorcycle safety and education.
Sec. 3. The bureau shall develop and administer a motorcycle
operator safety education program that, at a minimum, must:
(1) provide motorcycle operator education;
(2) provide instructor training;
(3) increase public awareness of motorcycle safety; and
(4) evaluate and recommend improvements to the motorcycle
operator licensing system.
Sec. 4. The commissioner shall appoint:
(1) a program coordinator of the motorcycle operator safety
education program developed under section 3 of this chapter
who shall administer the motorcycle operator safety
education program and conduct an annual evaluation; and
(2) a training specialist of the motorcycle operator safety
education program developed under section 3 of this chapter
who shall:
(A) establish approved motorcycle driver education and
training courses throughout Indiana;
(B) set program and funding guidelines; and
(C) supervise instructors and other personnel as necessary.
The training specialist must be a certified chief instructor and hold
a valid license to operate a motorcycle.
Sec. 5. The bureau may enter into contracts with regional
training centers or any other sites approved by the commissioner
for the conduct of approved motorcycle driver education and
training courses. If necessary, course sites may charge a reasonable
tuition fee for the courses.
Sec. 6. The commissioner shall appoint a five (5) member
advisory committee consisting of at least three (3) active
motorcyclists to serve in an advisory capacity to the program.
Sec. 7. The motorcycle operator safety education fund is
established. The commissioner shall administer the fund. The fund
consists of money received from motorcycle registrations as
provided under IC 9-29. The money in the fund may be used for
the administration of the program and expenses related to the
program, including:
(1) reimbursement for course sites;
(2) instructor training;
(3) purchase of equipment and course materials; and
(4) technical assistance.
SOURCE: IC 9-29-5-2; (11)CC012705.23. -->
SECTION 23. IC 9-29-5-2, AS AMENDED BY P.L.1-2010,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.
(a) This subsection expires December 31,
2011. The fee for the registration of a motorcycle is seventeen dollars
and thirty cents ($17.30). The revenue from this fee shall be allocated
as follows:
(1) Seven dollars ($7) to the motorcycle operator safety education
fund established by IC 20-30-13-11.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund
under IC 16-41-42.2-3, as provided under section 0.5 of this
chapter.
(4) The balance to the state general fund for credit to the motor
vehicle highway account.
(b) This subsection applies after December 31, 2011. The fee for
the registration of a motorcycle is seventeen dollars and thirty
cents ($17.30). The revenue from this fee shall be allocated as
follows:
(1) Seven dollars ($7) to the motorcycle operator safety
education fund established by IC 9-27-7-7.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury
fund under IC 16-41-42.2-3, as provided under section 0.5 of
this chapter.
(4) The balance to the state general fund for credit to the
motor vehicle highway account.
SOURCE: IC 9-29-9-3.5; (11)CC012705.24. -->
SECTION 24. IC 9-29-9-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 3.5. The bureau may adopt rules under IC 4-22-2 to
authorize a service charge for the administration of a:
(1) skills test under IC 9-24-10-4(a)(2); or
(2) written test under IC 9-24-10-4 (a)(1);
to an applicant for an operator's license who has not been
instructed by the testing entity.
SOURCE: IC 20-19-2-8; (11)CC012705.25. -->
SECTION 25. IC 20-19-2-8, AS AMENDED BY HEA 1429-2011,
SECTION 4, AND BY SEA 1-2011, SECTION 5, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) In
addition to any other powers and duties prescribed by law, the state
board shall adopt rules under IC 4-22-2 concerning, but not limited to,
the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4)
This subdivision expires December 31, 2011. The
establishment and maintenance of minimum standards for driver
education programs (including classroom instruction and practice
driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(7) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(8) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(10) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 20-30-13-0.5; (11)CC012705.26. -->
SECTION 26. IC 20-30-13-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. This chapter expires
December 31, 2011.
SOURCE: IC 34-13-3-2; (11)CC012705.27. -->
SECTION 27. IC 34-13-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. This chapter applies
to a claim or suit in tort against any of the following:
(1) A member of the bureau of motor vehicles commission
established under IC 9-15-1-1.
(2) An employee of the bureau of motor vehicles commission who
is employed at a license branch under IC 9-16, except for an
employee employed at a license branch operated under a contract
with the commission under IC 9-16.
(3) A member of the driver education advisory board
established by IC 9-27-6-5.
SOURCE: IC 34-30-2-30.3; (11)CC012705.28. -->
SECTION 28. IC 34-30-2-30.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 30.3. IC 9-24-10-4(e) (Concerning
driver education instructors who did not instruct an applicant for
a license or permit who make reports concerning the fitness of the
applicant to operate a motor vehicle).
SOURCE: IC 34-30-2-32.5; (11)CC012705.29. -->
SECTION 29. IC 34-30-2-32.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 32.5. (a) This section applies after
December 31, 2011.
(b) IC 9-27-6-5(m) (Concerning members of the driver
education advisory board).
SOURCE: ; (11)CC012705.30. -->
SECTION 30.
An emergency is declared for this act.
(Reference is to ESB 127 as reprinted April 12, 2011.)
Conference Committee Report
on
Engrossed Senate Bill 127
Text Box
S
igned by:
____________________________ ____________________________
Senator HoldmanRepresentative Hinkle
Chairperson
____________________________ ____________________________
Senator ArnoldRepresentative Dembowski
Senate Conferees House Conferees