SB 538-1_ Filed 01/30/2013, 10:28

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Homeland Security, Transportation and Veterans Affairs, to which was referred Senate Bill No. 538, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 3, line 22; (13)CR053801.3. -->     Page 3, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 5-2-6-3; (13)CR053801.2. -->     "SECTION 2. IC 5-2-6-3, AS AMENDED BY P.L.133-2012, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The institute is established to do the following:
        (1) Evaluate state and local programs associated with:
            (A) the prevention, detection, and solution of criminal offenses;
            (B) law enforcement; and
            (C) the administration of criminal and juvenile justice.
        (2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
        (3) Stimulate criminal and juvenile justice research.
        (4) Develop new methods for the prevention and reduction of crime.

        (5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
        (6) Administer victim and witness assistance funds.
        (7) Administer the traffic safety functions assigned to the institute under IC 9-27-2.
        (8) Compile and analyze information and disseminate the

information to persons who make criminal justice decisions in this state.
        (9) Serve as the criminal justice statistical analysis center for this state.
        (10) Identify grants and other funds that can be used by the department of correction to carry out its responsibilities concerning sex or violent offender registration under IC 11-8-8.
        (11) Administer the application and approval process for designating an area of a consolidated or second class city as a public safety improvement area under IC 36-8-19.5.
        (12) Develop and maintain a meth watch program to inform retailers and the public about illicit methamphetamine production, distribution, and use in Indiana.
        (13) Establish, maintain, and operate, subject to specific appropriation by the general assembly, a web site containing a list of properties (as defined in IC 5-2-6-19(b)) that have been used as the site of a methamphetamine laboratory.
        (14) Develop and manage the gang crime witness protection program established by section 21 of this chapter.
        (15) Identify grants and other funds that can be used to fund the gang crime witness protection program.
        (16) After December 31, 2008, administer the licensing of:
            (A) commercial driver training schools; and
            (B) instructors at commercial driver training schools.
        (17) (16) Administer any sexual offense services.
        (18) (17) Administer domestic violence programs.
        (19) (18) Administer assistance to victims of human sexual trafficking offenses as provided in IC 35-42-3.5-4.
        (20) (19) Administer the domestic violence prevention and treatment fund under IC 5-2-6.7.
        (21) (20) Administer the family violence and victim assistance fund under IC 5-2-6.8.".

SOURCE: Page 5, line 7; (13)CR053801.5. -->     Page 5, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 9-13-2-70; (13)CR053801.10. -->     "SECTION 10. IC 9-13-2-70 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 70. "Good cause", for purposes of IC 9-24-12-6, has the meaning set forth in that section.".
SOURCE: Page 7, line 24; (13)CR053801.7. -->     Page 7, line 24, after "ordinance," insert " a rule,".
    Page 8, delete lines 23 through 42, begin a new paragraph and

insert:

SOURCE: IC 9-24-1-7; (13)CR053801.21. -->     "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 who is at least sixteen (16) years and one hundred eighty (180) days of age, 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; or
            (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 hundred eighty (180) days 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.
         (9) An individual while operating:
            (A) a farm tractor;
            (B) a farm wagon; or
            (C) 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 on a highway, an individual must be at least sixteen (16) years and one hundred eighty (180) days of age.

    (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.".
    Delete page 9.
SOURCE: Page 10, line 1; (13)CR053801.10. -->     Page 10, delete lines 1 through 3.
    Page 14, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 9-24-6-2; (13)CR053801.1. -->     "SECTION 1. IC 9-24-6-2, AS AMENDED BY P.L.65-2010, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The bureau shall adopt rules under IC 4-22-2 to regulate persons required to hold a commercial driver's license.
    (b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49 U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49 CFR 383 through 384, and may not be more restrictive than the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159, 113 Stat. 1748).
    (c) Rules adopted under this section must include the following:
        (1) Establishment of classes and periods of validation of commercial driver's licenses, including the period set forth in IC 9-24-12-6(e). IC 9-24-12-6(a).
        (2) Standards for commercial driver's licenses, including suspension and revocation procedures.
        (3) Requirements for documentation of eligibility for legal employment, as set forth in 8 CFR 274a.2, and proof of Indiana residence.
        (4) Development of written or oral tests, driving tests, and fitness requirements.
        (5) Defining the commercial driver's licenses by classification and the information to be contained on the licenses, including a unique identifier of the holder.
        (6) Establishing fees for the issuance of commercial driver's licenses, including fees for testing and examination.
        (7) Procedures for the notification by the holder of a commercial driver's license to the bureau and the driver's employer of pointable traffic offense convictions.
        (8) Conditions for reciprocity with other states, including requirements for a written commercial driver's license test and operational skills test, and a hazardous materials endorsement written test and operational skills test, before a license may be issued.
        (9) Certification of commercial motor vehicle operators who transport one (1) or more metal coils that, individually or grouped

together, weigh at least two thousand two hundred sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as to proper load securement of the metal coil or coils as provided in 49 CFR 393.120.
        (10) Other rules necessary to administer this chapter.
    (d) 49 CFR 383 through 384 and 49 CFR 393.120 are adopted as Indiana law.".

SOURCE: Page 23, line 21; (13)CR053801.23. -->     Page 23, line 21, delete "who" and insert "who".
    Page 44, line 7, delete "even numbered" and insert " even-numbered".
    Page 45, line 24, strike "commercial".
    Page 48, line 34, after "offense" insert ",".
    Page 48, line 35, strike "(as defined in section 14(a) of this chapter),".
    Page 71, line 3, strike "driver's license" and insert " driving privileges".
    Page 81, after line 22, begin a new paragraph and insert:
SOURCE: IC 35-44.2-1-12; (13)CR053801.112. -->     "SECTION 112. IC 35-44.2-1-12, AS ADDED BY P.L.126-2012, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. A person who violates commercial driver training school requirements is subject to a civil action for an infraction under IC 5-2-6.5-15.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 538 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 7, Nays 0.

____________________________________

    Wyss
Chairperson


CR053801/DI 71    2013