SB 401-1_ Filed 03/14/2002, 16:33
Adopted 3/14/2002
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 401
Citations Affected:
IC 9-13-2
; IC 9-21;
IC 9-25-4
; noncode.
Synopsis: Electric personal assistive mobility devices. Conference committee report for ESB
401. Defines an electric personal assistive mobility device as a self-balancing, two nontandem
wheeled device with certain other attributes. Excludes an electric personal assistive mobility
device from the definition of motor vehicle and from various requirements in the motor vehicle
code. Prohibits a local authority from restricting the use of an electric personal assistive mobility
device on a path set aside for the exclusive use of bicycles. Requires the state fair commission
to allow the use of electric personal assistive mobility devices at the state fairgrounds. (This
conference committee report: (1) deletes the requirement that an Indiana resident who purchases
an off-road vehicle, motor scooter, or motorized bicycle after July 1, 2002, that would be
operated in the state acquire a certificate of title for the vehicle; and (2) deletes the provisions
under which state and local traffic regulation might occur on private roads and highways and a
local authority might adopt additional traffic regulations regarding a private road within the
authority's jurisdiction.)
Effective: Upon passage.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 401 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:
SOURCE: Page 2, line 24; (02)CC040103.1.2. -->
Page 2, delete lines 24 through 27.
Page 3, line 22, delete "includes" and insert " does not include".
Page 3, delete lines 23 through 42.
Delete pages 4 through 5.
Page 6, delete lines 1 through 28.
Page 6, line 30, delete "A" and insert " Except as provided in section
3.5 of this chapter, a".
Page 6, line 32, reset in roman "streets, and".
Page 6, line 35, delete "After a request has been made at a public
meeting or by".
Page 6, delete lines 36 through 42.
Page 7, delete lines 1 through 6.
Page 7, line 7, delete "(c)".
Run in page 6, line 35 and page 7, line 7.
Page 7, delete lines 10 through 42.
Page 8, delete lines 1 through 9, begin a new paragraph and insert:
SOURCE: IC 9-21-1-3.5; (02)CC040103.1.6. -->
"SECTION 6.
IC 9-21-1-3.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 3.5. A local authority may not adopt by
ordinance any prohibition against or restriction on the use of an
electric personal assistive mobility device operated on a path set
aside for the exclusive use of bicycles as set forth in
IC 9-21-11-1
(b).".
SOURCE: Page 8, line 25; (02)CC040103.1.8. -->
Page 8, delete lines 25 through 29, begin a new paragraph and insert:
SOURCE: IC 9-30-7-0.5; (02)CC040103.1.9. -->
"SECTION 9.
IC 9-30-7-0.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. This chapter does not apply to the
operator of an electric personal assistive mobility device.
SOURCE: ; (02)CC040103.1.10. -->
SECTION 10. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "electric personal assistive mobility device" means a
self-balancing, two nontandem wheeled device that is designed to
transport only one (1) person and that has the following:
(1) An electric propulsion system with average power of seven
hundred fifty (750) watts or one (1) horsepower.
(2) A maximum speed of less than twenty (20) miles per hour
when operated on a paved level surface, when powered solely
by the propulsion system referred to in subdivision (1), and
when operated by an operator weighing one hundred seventy
(170) pounds.
(b) As used in this SECTION, "commission" refers to the state
fair commission established by
IC 15-1.5-2-1.
(c) As used in this SECTION, "executive director" refers to the
executive director of the commission employed under
IC 15-1.5-2-9.
(d) As used in this SECTION, "fairgrounds" has the meaning set
forth in
IC 15-1.5-1-7.
(e) As used in this SECTION, "motorized cart" means any
conveyance that is motor driven, either by gas or electricity, that
is used to carry passengers or equipment, and that is smaller than
normal road type vehicles such as cars, recreational vehicles, and
trucks.
(f) Notwithstanding
IC 9-13-2-109
, as amended by this act, and
notwithstanding 80 IAC 4-3-3(a), an electric personal assistive
mobility device is considered to be a motorized cart and may be
used upon the fairgrounds.
(g) Before January 1, 2003, the commission shall amend 80
IAC 4-3-3 to permit the use of an electric personal assistive
mobility device upon the fairgrounds as a motorized cart.
(h) Before January 1, 2003, the commission shall amend 80
IAC 4-3-5(d) and (e) to exclude a person who uses an electric
personal assistive mobility device upon the fairgrounds from the
insurance requirements of those subsections.
(i) The commission shall carry out the duties imposed upon it
under this SECTION under interim guidelines that are approved
by the executive director and authorized by the adoption of a
resolution by the commission under
IC 15-1.5-2-9
(c)(1).
(j) This SECTION expires on the earlier of the following:
(1) The dates rules are adopted under subsections (f), (g), and
(h) of this SECTION.
(2) December 31, 2003.".
Renumber all SECTIONS consecutively.
(Reference is to SB 401 as reprinted February 26, 2002.)
Conference Committee Report
on
Engrossed Senate Bill 401
Text Box
S
igned by:
____________________________ ____________________________
Senator RiegseckerRepresentative Stilwell
Chairperson
____________________________ ____________________________
Senator SipesRepresentative Mock
Senate Conferees House Conferees