SB 4-1_ Filed 01/30/2001, 16:09
COMMITTEE REPORT
MR. PRESIDENT:
The Senate Committee on Transportation and Interstate Cooperation, to which was referred Senate
Bill No. 4, 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 7, line 23; (01)AM000402.7. -->
Page 7, line 23, delete "or".
Page 7, line 24, delete "." and insert "
; or".
Page 7, between lines 24 and 25, begin a new line block indented
and insert:
"
(4) the International Registration Plan.".
Page 7, between lines 28 and 29, begin a new paragraph and insert:
"
Sec. 5. Before enforcing an ordinance adopted under section 4
of this chapter, the local authority must install advance warning
signs along the roadways proceeding to the intersection at which
an automated traffic law enforcement system is located.".
Page 7, line 29, delete "5." and insert "
6. (a)".
Page 7, between lines 34 and 35, begin a new paragraph and insert:
"
(b) The local authority shall mail the owner of a motor vehicle
committing a violation of an ordinance adopted under section 4 of
this chapter notice of the ordinance violation. The notice must
include the following:
(1) The name and address of the owner of the motor vehicle.
(2) The registration number of the motor vehicle.
(3) The violation charged.
(4) The location of the intersection.
(5) The date and time of the violation.
(6) A copy of the recorded image described in subsection (a).
(7) The amount of the civil penalty imposed for the violation.
(c) An ordinance adopted under section 4 of this chapter may
not impose a civil penalty exceeding one hundred dollars ($100).
(d) An ordinance adopted under section 4 of this chapter may
authorize the local authority to mail a warning notice to the owner
in lieu of imposing a civil penalty for the violation of the
ordinance.".
Page 7, line 35, delete "6." and insert
"7."
Page 8, between lines 11 and 12, begin a new paragraph and insert:
"
(c) If the owner of a vehicle establishes the proof required
under subsection (a)(2), the ordinance violations bureau or the
court that has jurisdiction shall mail a notice of the ordinance
violation to the person identified as the person having the care,
custody, or control of the motor vehicle at the time of the violation.
The proof required under subsection (a)(2) creates a rebuttable
presumption that the person having the care, custody, or control
of the vehicle at the time of the violation was the driver of the
motor vehicle at the time of the violation. The notice required
under this subsection must contain:
(1) the information described in section 6(b) of this chapter;
and
(2) a statement that the person receiving the notice was
identified by the owner of the motor vehicle as the person
having the care, custody, or control of the motor vehicle at the
time of the violation.
Sec. 8. (a) This section applies only to the owner of a:
(A) truck having a declared gross weight greater than
eleven thousand (11,000) pounds;
(B) truck tractor;
(C) tractor;
(D) trailer having a declared gross weight greater than
three thousand (3,000) pounds; or
(E) semitrailer;
alleged to have committed a violation of an ordinance adopted
under section 4 of this chapter.
(b) It is a defense to a proceeding to enforce an ordinance
adopted under section 4 of this chapter if the owner:
(1) proves that at the time of the alleged violation the vehicle
was either:
(A) operated by an employee of the owner; or
(B) operated by a person other than the owner or an
employee of the owner:
(i) under a written agreement for the rental or lease of
the vehicle; or
(ii) under a written agreement to transport the vehicle;
and;
(2) provides to the ordinance violations bureau or court that
has jurisdiction:
(A) the name and address of the employee operating the
vehicle at the time of the alleged violation; or
(B) the name and address of the person operating the
vehicle under a written agreement described in subdivision
(1)(B) at the time of the alleged violation.
(c) The owner of the vehicle may establish the proof required by
subsection (b) by submitting, within sixty (60) days after the owner
receives notice by mail of the ordinance violation, a copy of:
(1) a document establishing that the employee identified under
subsection (b)(2)(A) was operating the vehicle at the time of
the alleged violation; or
(2) both of the following:
(A) The written agreement described in subsection
(b)(1)(B).
(B) Documentation establishing that the person identified
under subsection (b)(2)(B) was operating the vehicle at the
time of the alleged violation.
(d) If the owner of a vehicle establishes the proof required under
subsection (b), the ordinance violations bureau or the court that
has jurisdiction shall mail a notice of the ordinance violation to the
person identified as the person operating the vehicle at the time of
the violation. The proof required under subsection (b) creates a
rebuttable presumption that the person identified in the
documentation required under subsection (c) was the operator of
the vehicle at the time of the violation. The notice required under
this subsection must contain:
(1) the information described in section 6(b) of this chapter;
and
(2) a statement that the person receiving the notice was
identified by the owner of the vehicle as the person operating
the vehicle at the time of the violation.
Sec. 9. (a) This subsection applies to an owner other than an
owner described in sections 7 and 8 of this chapter.
(b) It is a defense to a proceeding to enforce an ordinance
adopted under section 4 of this chapter if the owner provides to the
ordinance violations bureau or court that has jurisdiction the
following:
(1) An affidavit signed under the penalties of perjury that
neither the owner nor a member of the owner's immediate
family was driving the motor vehicle at the time of the alleged
violation.
(2) An affidavit signed under the penalties of perjury stating
either of the following:
(A) The name and address of the person driving the motor
vehicle at the time of the alleged violation.
(B) That either the motor vehicle or the license plate of the
motor vehicle had been stolen before the alleged violation
occurred and was not under the control or possession of
the owner at the time of the alleged violation. In addition
to the affidavit described in this clause, the owner must
submit proof that a police report was filed concerning the
stolen motor vehicle or stolen license plate.
(c) If the owner of a vehicle submits the evidence required under
subsection (b)(2)(A), the ordinance violations bureau or the court
that has jurisdiction shall mail a notice of the ordinance violation
to the person identified as the person driving the motor vehicle at
the time of the violation. The evidence required under subsection
(b)(2)(A) creates a rebuttable presumption that the person
identified in the affidavit required under subsection (b)(2)(A) was
the driver of the motor vehicle at the time of the violation. The
notice required under this subsection must contain:
(1) the information described in section 6(b) of this chapter;
and
(2) a statement that the person receiving the notice was
identified by the owner of the motor vehicle as the person driving
the motor vehicle at the time of the violation.".
Page 8, line 12, delete "7." and insert " 10.".
(Reference is to SB 4 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 8, Nays 0.
____________________________________
Senator Riegsecker, Chairperson
AM 000402/DI 92 2001