SB 523-1_ Filed 03/11/2013, 15:14


Text Box

Adopted Rejected


[

]



COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
1

MR. SPEAKER:
    Your Committee on       Natural Resources     , to which was referred       Senate Bill 523     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 12, line 4; (13)AM052302.12. -->     Page 12, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: IC 9-19-1-1; (13)AM052302.14. -->     "SECTION 14. IC 9-19-1-1, AS AMENDED BY P.L.182-2009(ss), SECTION 289, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as provided in subsection (b) and as otherwise provided in this chapter, this article does not apply to the following with respect to equipment on vehicles:
        (1) Implements of agriculture designed to be operated primarily in a farm field or on farm premises.
        (2) Road machinery.
        (3) Road rollers.
        (4) Farm tractors.
        (5) Vehicle chassis that:
            (A) are a part of a vehicle manufacturer's work in process; and
            (B) are driven under this subdivision only for a distance of less

than one (1) mile.
        (6) Golf carts and off-road vehicles when operated in accordance with an ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
    (b) A farm type dry or liquid fertilizer tank trailer or spreader that is drawn or towed on a highway by a motor vehicle other than a farm tractor at a speed greater than thirty (30) miles per hour is considered a trailer for equipment requirement purposes and all equipment requirements concerning trailers apply.

SOURCE: IC 9-21-1-3; (13)AM052302.15. -->     SECTION 15. IC 9-21-1-3, AS AMENDED BY P.L.182-2009(ss), SECTION 291, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A local authority, with respect to private roads and highways under the authority's jurisdiction, in accordance with sections 2 and 3.3(a) of this chapter, and within the reasonable exercise of the police power, may do the following:
        (1) Regulate the standing or parking of vehicles.
        (2) Regulate traffic by means of police officers or traffic control signals.
        (3) Regulate or prohibit processions or assemblages on the highways.
        (4) Designate a highway as a one-way highway and require that all vehicles operated on the highway be moved in one (1) specific direction.
        (5) Regulate the speed of vehicles in public parks.
        (6) Designate a highway as a through highway and require that all vehicles stop before entering or crossing the highway.
        (7) Designate an intersection as a stop intersection and require all vehicles to stop at one (1) or more entrances to the intersection.
        (8) Restrict the use of highways as authorized in IC 9-21-4-7.
        (9) Regulate the operation of bicycles and require the registration and licensing of bicycles, including the requirement of a registration fee.
        (10) Regulate or prohibit the turning of vehicles at intersections.
        (11) Alter the prima facie speed limits authorized under IC 9-21-5.
        (12) Adopt other traffic regulations specifically authorized by this article.
        (13) Adopt traffic regulations governing traffic control on public

school grounds when requested by the governing body of the school corporations.
        (14) Regulate or prohibit the operation of low speed vehicles, or golf carts, or off-road vehicles on highways in accordance with section 3.3(a) of this chapter.
    (b) An ordinance or regulation adopted under subsection (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(12), (a)(13), or (a)(14), is effective when signs giving notice of the local traffic regulations are posted upon or at the entrances to the highway or part of the highway that is affected.

SOURCE: IC 9-21-1-3.3; (13)AM052302.16. -->     SECTION 16. IC 9-21-1-3.3, AS AMENDED BY P.L.60-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.3. (a) A city, county, or town may adopt by ordinance traffic regulations concerning the use of golf carts or off-road vehicles, or both on a highway under the jurisdiction of the city, county, or 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 city, county, or town under this section shall be deposited into the general fund of the city, county, or town.
    (c) Notwithstanding subsection (a), an ordinance adopted by a county under this section:
        (1) may allow an operator of a golf cart or off-road vehicle to cross a highway in the state highway system, at right angles, in order to travel from one (1) highway under the jurisdiction of the county to another highway under the jurisdiction of the county when the operation can be done safely; and
        (2) must set a limit as to the number of passengers (other than the operator) that may be permitted on a golf cart or off-road vehicle.
    (d) A violation of an ordinance adopted under this section that is committed on a state highway by the operator of a golf cart or off-road vehicle is considered to be an ordinance violation.
SOURCE: IC 9-21-8-57; (13)AM052302.17. -->     SECTION 17. IC 9-21-8-57, AS ADDED BY P.L.182-2009(ss), SECTION 293, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 57. A golf cart or off-road vehicle may not be operated on a highway except in accordance with:
         (1) an ordinance adopted under IC 9-21-1-3(a)(14) and IC 9-21-1-3.3(a) authorizing the operation of a golf cart or an off-road vehicle on the highway; or
        (2) IC 14-16-1-20 authorizing an off-road vehicle to operate on a highway.

SOURCE: IC 9-21-9-0.5; (13)AM052302.18. -->     SECTION 18. IC 9-21-9-0.5, AS AMENDED BY P.L.60-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 or off-road vehicle.
    (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 or off-road vehicle 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 9-22-1-1; (13)AM052302.19. -->     SECTION 19. IC 9-22-1-1, AS AMENDED BY P.L.150-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter does not apply to the following:
        (1) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
        (2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
        (3) A vehicle located on a vehicle sale lot.
        (4) A vehicle located upon property licensed or zoned as an automobile scrapyard.
        (5) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
        (6) A golf cart.
         (7) An off-road vehicle.".
SOURCE: Page 12, line 11; (13)AM052302.12. -->     Page 12, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 9-24-1-7; (13)AM052302.21. -->     "SECTION 21. IC 9-24-1-7, AS AMENDED BY P.L.125-2012,

SECTION 165, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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;
            (B) has in the nonresident's immediate possession a valid driver's license that was issued to the nonresident in the nonresident's home state or country; and
            (C) is lawfully admitted into the United States;
        while operating a motor vehicle upon a public highway only as an operator.
        (4) A nonresident who:
            (A) is at least eighteen (18) years of age;
            (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; and
            (C) is lawfully admitted into the United States;
        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, either as an operator or a public passenger chauffeur.
        (6) 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.
        (7) A new resident of Indiana who possesses a valid, unrestricted 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.
        (8) 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 or off-road vehicle in the city, county, or town hold a driver's license.".
SOURCE: Page 12, line 34; (13)AM052302.12. -->     Page 12, line 34, delete "This" and insert " Except as provided in section 0.5 of this chapter, this".
    Page 12, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 9-26-6-0.5; (13)AM052302.22. -->     "SECTION 22. IC 9-26-6-0.5, AS ADDED BY P.L.150-2009, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. Section 1 of this chapter applies to a person removing a wrecked or damaged golf cart or off-road vehicle from a street or highway.".
SOURCE: Page 15, line 31; (13)AM052302.15. -->     Page 15, line 31, delete "2013]." and insert "2013]:".
    Page 20, line 17, after "(a)" insert " Except as provided in
IC 9-21-1-3(a)(14) and IC 9-21-1-3.3,
".
    Page 20, line 17, delete "An" and insert "an".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 523 as printed January 30, 2013.)

and when so amended that said bill do pass.

__________________________________

Representative Eberhart


AM052302/DI 77    2013