Introduced Version






SENATE BILL No. 579

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-6-5.5-7.5; IC 9-13-2-58; IC 9-21-21; IC 9-29-5.

Synopsis: Farm plates on semitrailers and tractors. Provides that a semitrailer and tractor: (1) having a declared gross weight of at least 11,000 pounds; and (2) used by the owner or guest occupant in connection with agricultural pursuits usual and normal to the user's farming operation; may not be registered as a farm semitrailer and tractor after December 31, 2011. Makes conforming amendments.

Effective: July 1, 2011.





Mishler




    January 20, 2011, read first time and referred to Committee on Agriculture and Natural Resources.







Introduced

First Regular Session 117th General Assembly (2011)


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 2010 Regular Session of the General Assembly.

SENATE BILL No. 579



    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 6-6-5.5-7.5; (11)IN0579.1.1. -->     SECTION 1. IC 6-6-5.5-7.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7.5. (a) This subsection expires January 1, 2012. Notwithstanding any other provision, the annual excise tax for a motor vehicle, trailer, or semitrailer and tractor operated primarily as a farm truck, farm trailer, or farm semitrailer and tractor as described in IC 9-29-5-13 IC 9-29-5-13(b) is fifty percent (50%) of the amount listed in this chapter for a truck, trailer, or semitrailer and tractor of the same declared gross weight.
     (b) This subsection applies after December 31, 2011. Notwithstanding any other provision, the annual excise tax for a motor vehicle (excluding a semitrailer and tractor) or trailer operated primarily as a farm truck or farm trailer as described in IC 9-29-5-13(c) is fifty percent (50%) of the amount listed in this chapter for a truck or trailer of the same declared gross weight.
SOURCE: IC 9-13-2-58; (11)IN0579.1.2. -->     SECTION 2. IC 9-13-2-58 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 58. (a) "Farm truck",

"farm trailer", or "farm semitrailer and tractor" shall be identified in accordance with a rule adopted by the bureau. This subsection expires January 1, 2012.
     (b) "Farm truck" and "farm trailer" shall be identified in accordance with a rule adopted by the bureau. This subsection applies after December 31, 2011.

SOURCE: IC 9-21-21-1; (11)IN0579.1.3. -->     SECTION 3. IC 9-21-21-1, AS ADDED BY P.L.210-2005, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This subsection expires January 1, 2012. A motor vehicle, trailer, or semitrailer and tractor may be operated primarily as a farm truck, farm trailer, or farm semitrailer and tractor if the vehicle meets the specifications set forth in IC 9-29-5-13(b).
     (b) This subsection applies after December 31, 2011. A motor vehicle (excluding a semitrailer and tractor) or trailer may be operated primarily as a farm truck or farm trailer if the vehicle meets the specifications set forth in IC 9-29-5-13(c).
SOURCE: IC 9-21-21-3; (11)IN0579.1.4. -->     SECTION 4. IC 9-21-21-3, AS AMENDED BY P.L.191-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) This subsection expires January 1, 2012. Except as provided in section 4.3 of this chapter, if the owner of a farm truck, farm trailer, or farm semitrailer and tractor described in section 1 of this chapter begins to operate the farm truck, farm trailer, or farm semitrailer and tractor or permits the farm truck, farm trailer, or farm semitrailer and tractor to be operated:
        (1) in the conduct of a commercial enterprise; or
        (2) for the transportation of farm products after the commodities have entered the channels of commerce during a registration year for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.5(b) due for the remainder of the registration year for the license fee.
    (b) This subsection applies after December 31, 2011. Except as provided in section 4.5 of this chapter, if the owner of a farm truck or farm trailer described in section 1 of this chapter begins to operate the farm truck or farm trailer or permits the farm truck or farm trailer to be operated:
        (1) in the conduct of a commercial enterprise; or
        (2) for the transportation of farm products after the commodities have entered the channels of commerce during a registration year for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.7(c) due for the remainder of the registration year for the license fee.

SOURCE: IC 9-21-21-4.3; (11)IN0579.1.5. -->     SECTION 5. IC 9-21-21-4.3, AS ADDED BY P.L.191-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.3. (a) This section expires January 1, 2012. Notwithstanding section 3 3(a) of this chapter, subsection (b), and IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer and tractor described in section 1 of this chapter may be operated intrastate for the transportation of seasonal, perishable, fruit or vegetables to the first point of processing for not more than one (1) thirty (30) day period in a registration year established by IC 9-18-2-7. Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) the license fee due under IC 9-29-5-13(b); and
        (2) eight and one-half percent (8.5%) of the license fee paid under IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
    (b) Notwithstanding section 3 3(a) of this chapter, subsection (a), and IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer and tractor described in section 1 of this chapter may be operated intrastate for the transportation of tomatoes or silage to the first point of processing for a period of not more than one (1) seventy-one (71) day period in a registration year established by IC 9-18-2-7. Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) the license fee due under IC 9-29-5-13(b); and
        (2) seventeen percent (17%) of the license fee paid under IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
    (c) The bureau shall adopt rules under IC 4-22-2 to authorize the operation of a farm truck, farm trailer, or farm semitrailer and tractor in the manner provided in this section.
SOURCE: IC 9-21-21-4.5; (11)IN0579.1.6. -->     SECTION 6. IC 9-21-21-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) This section applies after December 31, 2011. Notwithstanding section 3(b) of this chapter, subsection (b), and IC 9-18-2-4, a farm truck or farm trailer described in section 1 of this chapter may be operated intrastate for the transportation of seasonal, perishable fruit or vegetables to the first point of processing for not more than one (1) thirty (30) day period in a registration year established by IC 9-18-2-7. Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) the license fee due under IC 9-29-5-13(c); and
        (2) eight and one-half percent (8.5%) of the license fee paid under IC 9-29-5-13(c);
for the farm truck or farm trailer.
    (b) Notwithstanding section 3(b) of this chapter, subsection (a), and IC 9-18-2-4, a farm truck or farm trailer described in section 1 of this chapter may be operated intrastate for the transportation of tomatoes or silage to the first point of processing for a period of not more than one (1) seventy-one (71) day period in a registration year established by IC 9-18-2-7. Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) the license fee due under IC 9-29-5-13(c); and
        (2) seventeen percent (17%) of the license fee paid under IC 9-29-5-13(c);
for the farm truck, farm trailer, or farm semitrailer and tractor.
    (c) The bureau shall adopt rules under IC 4-22-2 to authorize the operation of a farm truck or farm trailer in the manner provided in this section.

SOURCE: IC 9-21-21-5; (11)IN0579.1.7. -->     SECTION 7. IC 9-21-21-5, AS AMENDED BY P.L.191-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) This subsection expires January 1, 2012. In addition to the penalty provided in section 7 of this chapter, and except as provided in section 4.3 of this chapter, a person that operates a vehicle or allows a vehicle that the person owns to be operated when the vehicle is:
        (1) registered under this chapter as a farm truck, farm trailer, or farm semitrailer and tractor; and
        (2) operated as set forth in section 3 3(a) of this chapter;
commits a Class C infraction. However, the offense is a Class B infraction if, within the three (3) years preceding the commission of the offense, the person had a prior unrelated judgment under this section.
     (b) This subsection applies after December 31, 2011. In addition to the penalty provided in section 7 of this chapter, and except as provided in section 4.5 of this chapter, a person that operates a vehicle or allows a vehicle that the person owns to be operated when the vehicle is:
        (1) registered under this chapter as a farm truck or farm trailer; and
        (2) operated as set forth in section 3(b) of this chapter;
commits a Class C infraction. However, the offense is a Class B infraction if, within the three (3) years preceding the commission of the offense, the person had a prior unrelated judgment under this section.

SOURCE: IC 9-29-5-13; (11)IN0579.1.8. -->     SECTION 8. IC 9-29-5-13, AS AMENDED BY P.L.210-2005, SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) This section does not apply to a vehicle or person exempt from registration under IC 9-18.
    (b) This subsection expires January 1, 2012. The license fee for a motor vehicle, trailer, or semitrailer and tractor operated primarily as a farm truck, farm trailer, or farm semitrailer and tractor:
        (1) having a declared gross weight of at least eleven thousand (11,000) pounds; and
        (2) used by the owner or guest occupant in connection with agricultural pursuits usual and normal to the user's farming operation;
is fifty percent (50%) of the amount listed in this chapter for a truck, trailer, or semitrailer and tractor of the same declared gross weight.
     (c) This subsection applies after December 31, 2011. The license fee for a motor vehicle or trailer operated primarily as a farm truck or farm trailer:
        (1) having a declared gross weight of at least eleven thousand (11,000) pounds; and
        (2) used by the owner or guest occupant in connection with agricultural pursuits usual and normal to the user's farming operation;
is fifty percent (50%) of the amount listed in this chapter for a truck or trailer of the same declared gross weight.

SOURCE: IC 9-29-5-13.5; (11)IN0579.1.9. -->     SECTION 9. IC 9-29-5-13.5, AS AMENDED BY P.L.191-2007, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13.5. (a) This section applies to a truck, trailer, or semitrailer and tractor for which a license fee provided in section 13(b) of this chapter has been paid.
    (b) Except as provided in subsections (d) and (e), if the owner of a truck, trailer, or semitrailer and tractor described in subsection (a) begins to operate the truck, trailer, or semitrailer and tractor in the conduct of a commercial enterprise or for the transportation of farm products after the commodities have entered the channels of commerce during a registration year for which the license fee under section 13(b) of this chapter has been paid, the owner shall pay the amount listed in this chapter for a truck, trailer, or semitrailer and tractor of the same declared gross weight reduced by a credit determined under subsection (c) to license the truck, trailer, or semitrailer and tractor.
    (c) The credit provided in subsection (b) equals:
        (1) the license fee paid under section 13(b) of this chapter; reduced by
        (2) ten percent (10%) for each full or partial calendar month that has elapsed in the registration year for which the license fee has been paid.
The credit may not exceed ninety percent (90%) of the license fee paid under section 13(b) of this chapter.
    (d) Notwithstanding subsections (b) and (e) and IC 9-18-2-4, a truck, trailer, or semitrailer and tractor described in subsection (a) may be operated intrastate for the transportation of seasonal, perishable fruit or vegetables to the first point of processing for a period that consists of not more than a thirty (30) day period in a registration year as provided by IC 9-21-21-4.3(a). Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) any license fee due under section 13(b) of this chapter; and
        (2) eight and one-half percent (8.5%) of the license fee paid under section 13(b) of this chapter.
    (e) Notwithstanding subsections (b) and (d) and IC 9-18-2-4, a truck, trailer, or semitrailer and tractor described in subsection (a) may be operated intrastate for the transportation of tomatoes or silage to the first point of processing for a period that consists of not more than one (1) seventy-one (71) day period in a registration year as provided by IC 9-21-21-4.3(b). Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) any license fee due under section 13(b) of this chapter; and
        (2) seventeen percent (17%) of the license fee paid under section 13(b) of this chapter.
     (f) This section expires January 1, 2012.
SOURCE: IC 9-29-5-13.7; (11)IN0579.1.10. -->     SECTION 10. IC 9-29-5-13.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13.7. (a) This section applies after December 31, 2011.
    (b) This section applies to a truck or trailer for which a license fee provided in section 13(c) of this chapter has been paid.
    (c) Except as provided in subsections (e) and (f), if the owner of a truck or trailer described in subsection (b) begins to operate the truck or trailer in conducting a commercial enterprise or for transporting farm products after the commodities have entered the channels of commerce during a registration year for which the license fee under section 13(c) of this chapter has been paid, the owner shall pay the amount listed in this chapter for a truck or trailer of the same declared gross weight reduced by a credit determined under subsection (d) to license the truck or trailer.
    (d) The credit provided in subsection (c) equals:
        (1) the license fee paid under section 13(c) of this chapter; reduced by
        (2) ten percent (10%) for each full or partial calendar month that has elapsed in the registration year for which the license fee has been paid.
The credit may not exceed ninety percent (90%) of the license fee paid under section 13(c) of this chapter.
    (e) Notwithstanding subsections (c) and (f) and IC 9-18-2-4, a truck or trailer described in subsection (b) may be operated intrastate for the transportation of seasonal, perishable fruit or vegetables to the first point of processing for a period that consists of not more than a thirty (30) day period in a registration year as provided by IC 9-21-21-4.3(a). Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) any license fee due under section 13(c) of this chapter; and
        (2) eight and one-half percent (8.5%) of the license fee paid under section 13(b) of this chapter.
    (f) Notwithstanding subsections (c) and (e) and IC 9-18-2-4, a truck or trailer described in subsection (b) may be operated intrastate for the transportation of tomatoes or silage to the first point of processing for a period that consists of not more than one (1) seventy-one (71) day period in a registration year as provided by IC 9-21-21-4.3(b). Before a vehicle may be operated as provided in this subsection, the owner shall pay to the bureau:
        (1) any license fee due under section 13(c) of this chapter; and
        (2) seventeen percent (17%) of the license fee paid under section 13(b) of this chapter.