SB 339-1_ Filed 02/21/2008, 10:10
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
9
NO:
1
MR. SPEAKER:
Your Committee on Roads and Transportation , to which was referred Senate Bill
339 , 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 3, line 9; (08)CR033901.3. -->
Page 3, line 9, delete "either".
Page 3, line 35, delete "driver's" and insert "
driver".
Page 4, line 36, delete "number of semester hours of".
Page 5, delete lines 2 through 16, begin a new paragraph and insert:
"
(d) The institute shall issue an instructor's license to an
individual:
(1) who:
(A) meets the requirements of subsection (a);
(B) does not have more than the maximum number of
points for violating traffic laws specified by the bureau by
rules adopted under IC 4-22-2;
and
(C) has a good moral character, physical condition,
knowledge of the rules of the road, and work history; or
(2) who holds a driver and traffic safety education
endorsement issued by the department of education
established by IC 20-19-3-1 and meets the requirements of
subdivision (1)(B) and (1)(C).".
Page 5, line 17, before "Only" insert " The institute shall adopt
rules under IC 4-22-2 that specify the requirements, including
requirements about criminal convictions, necessary to satisfy the
conditions of subdivision (1)(C).".
Page 5, line 19, after "license" insert " issued under section 8 or 9
of this chapter".
Page 5, line 28, after "renewal" insert " commercial driver
training".
Page 5, line 42, delete "School" and insert " Commercial driver
training school".
Page 6, line 1, after "applicants" insert " for licenses".
Page 6, line 1, delete "licensees." and insert " licensees under this
chapter.".
Page 6, line 12, after "a" insert " commercial driver training".
Page 6, line 15, delete "The" and insert " A".
Page 8, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 8-6-4-1; (08)CR033901.4. -->
"SECTION 4. IC 8-6-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. (a) A railroad company operating
in this state shall equip every locomotive engine with a whistle and a
bell, maintained in good working order, such as are used by other
railroad companies. Except when approaching a crossing to which an
ordinance adopted under subsection
(c) (d) applies, the engineer or
other person in charge of or operating an engine upon the line of a
railroad shall, when the engine approaches the crossing of a turnpike,
public highway, or street in this state, beginning not less than
one-fourth (1/4) mile from the crossings:
(1) sound the whistle on the engine distinctly not less than four
(4) times, which sounding shall be prolonged or repeated until the
crossing is reached; and
(2) ring the bell attached to the engine continuously from the time
of sounding the whistle until the engine has fully passed the
crossing.
(b) A railroad shall erect and maintain a whistle post in advance
of public crossings for the protection of the public and the
railroad's employees.
(b) (c) It is unlawful for an engineer or other person in charge of a
locomotive to move the locomotive, or allow it to be moved, over or
across a turnpike, public highway, or street crossing if the whistle and
bell are not in good working order. It is unlawful for a railroad
company to order or permit a locomotive to be moved over or across a
turnpike, public highway, or street crossing if the whistle and bell are
not in good working order. When a whistle or bell is not in good
working order, the locomotive must stop before each crossing and
proceed only after manual protection is provided at the crossing by a
member of the crew unless manual protection is known to be provided.
(c) (d) A city, town, or county may adopt an ordinance to regulate
the sounding of a whistle or the ringing of a bell under subsection (a)
in the city, the town, or the county. However, an ordinance may not
prohibit the sounding of a whistle or the ringing of a bell at a crossing
that does not have an automatic train activated warning signal as set
forth in IC 8-6-7.7-2. An ordinance adopted after June 30, 2003, that
prohibits the sounding of a whistle or the ringing of a bell at a crossing
must require that signs be posted at the crossing to warn the public that
trains do not sound whistles or ring bells at that crossing. Before an
ordinance adopted under this subsection goes into effect, the city, town,
or county must receive the written permission of the department to
regulate the sounding or the ringing. The department shall grant
permission only if the department determines, based upon a study
conducted by the department, that the ordinance, as applied to the rail
corridor identified in the ordinance, increases the overall safety of the
corridor for the public. Notwithstanding anything to the contrary in this
subsection, the department shall grant permission to a city or a town to
regulate the sounding of a whistle or the ringing of a bell if the city or
town had an ordinance regulating the sounding of a whistle or the
ringing of a bell that was approved and in effect on January 1, 1991, if
the city or town amended or repealed the ordinance, and if the city or
town adopts a subsequent ordinance on the same subject. In making its
determination during the course of the study, the department shall
consider:
(1) school bus routes;
(2) emergency service routes;
(3) hazardous materials routes;
(4) pedestrian traffic;
(5) trespassers;
(6) recreational facilities;
(7) trails; and
(8) measures to increase safety in the corridor, including:
(A) four (4) quadrant gates;
(B) median barriers;
(C) crossing closures;
(D) law enforcement programs; and
(E) public education.
The study by the department required under this subsection must be
completed not later than one hundred twenty (120) days after the
department receives notice of the passage of the ordinance from the
city, town, or county.
(d) (e) Notwithstanding a contrary provision in an ordinance
adopted under subsection
(c), (d), an engineer or other person who is
operating an engine shall sound the engine's whistle if, in the
determination of the engineer or other person who is operating the
engine, an apparent emergency exists.
(e) (f) A railroad company and the employees of the railroad
company are immune from criminal or civil liability for injury or
property damage that results from an accident that occurs at a crossing
to which an ordinance described in subsection
(c) (d) applies if the
injury or property damage was proximately caused solely by the
railroad company and the employees failing to sound a whistle.
(f) (g) The Indiana department of transportation shall review
crossing safety at each crossing to which an ordinance adopted under
subsection
(c) (d) applies not less than one (1) time in a five (5) year
period.
(g) (h) The Indiana department of transportation may not revoke the
permission granted under subsection
(c) (d) for an ordinance.
(h) (i) The Indiana department of transportation may create pilot
railroad crossing safety projects to improve railroad crossing safety.".
SOURCE: Page 8, line 36; (08)CR033901.8. -->
Page 8, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 9-13-2-42; (08)CR033901.6. -->
"SECTION 6. IC 9-13-2-42, AS AMENDED BY P.L.41-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 42. (a) "Dealer" means, except as otherwise
provided in this section, a person who sells to the general public,
including a person who sells directly by the Internet or other computer
network, at least twelve (12) vehicles each year for delivery in Indiana.
The term includes a person who sells off-road vehicles. A dealer
must have an established place of business that meets the minimum
standards prescribed by the bureau under rules adopted under
IC 4-22-2.
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or acting
under the judgment or order of a court.
(2) A public officer while performing official duties.
(3) A person who is a dealer solely because of activities as a
transfer dealer.
(4) A person who sells off-road vehicles.
(c) "Dealer", for purposes of IC 9-31, means a person that sells to
the general public for delivery in Indiana at least six (6):
(1) boats; or
(2) trailers:
(A) designed and used exclusively for the transportation of
watercraft; and
(B) sold in general association with the sale of watercraft;
per year.
SOURCE: IC 9-13-2-150.5; (08)CR033901.7. -->
SECTION 7. IC 9-13-2-150.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 150.5. "Registered importer" has
the meaning set forth in IC 9-17-2-0.5.
SOURCE: IC 9-17-2-0.5; (08)CR033901.8. -->
SECTION 8. IC 9-17-2-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 0.5. As used in this chapter, "registered importer"
means a person that is:
(1) registered as an importer with the National Highway
Traffic Safety Administration;
(2) a licensed dealer currently in good standing with the state;
and
(3) a validated member of the United States Department of
Homeland Security's Customs-Trade Partnership Against
Terrorism (C-TPAT) administered by the United States
Customs and Border Protection.
SOURCE: IC 9-17-2-12; (08)CR033901.9. -->
SECTION 9. IC 9-17-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) As used in this
section, "dealer" refers to a dealer that has:
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles
during the preceding year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer
licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or assigned
on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International
Registration Plan.
(4) A motor vehicle that is titled in the name of a financial
institution, lending institution, or insurance company in
Canada and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a)
of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(5) A motor vehicle that is titled in another state and is in the
lawful possession of a financial institution, a lending
institution, or an insurance company, if:
(A) the financial institution, lending institution, or
insurance company complies with section 12.5(b) of this
chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(c) An application for a certificate of title for a motor vehicle or
recreational vehicle may not be accepted by the bureau unless the
motor vehicle or recreational vehicle has been inspected by one (1) of
the following:
(1) An employee of a dealer designated by the bureau to perform
an inspection.
(2) A military policeman assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(d) A person described in subsection (c) inspecting a motor vehicle,
semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
SOURCE: IC 9-17-2-12.5; (08)CR033901.10. -->
SECTION 10. IC 9-17-2-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 12.5. (a) Except as provided in
subsection (d), the bureau may accept an application for a
certificate of title for a motor vehicle that is titled in the name of a
financial institution, a lending institution, or an insurance company
in Canada and imported by a registered importer without
requiring an inspection under section 12(c) of this chapter if the
registered importer presents the bureau with the following
documentation relating to the motor vehicle:
(1) A copy of the registered importer's validation agreement
issued by the United States Customs and Border Protection
(CBP).
(2) A copy of the entry summary issued by the United States
Customs and Border Protection (CBP Form 7501).
(3) A vehicle history report issued by an independent provider
of vehicle history information that includes:
(A) the vehicle's title information;
(B) the vehicle's odometer readings; and
(C) the number of owners of the vehicle.
(b) Except as provided in subsection (d), the bureau may accept
an application for a certificate of title for a motor vehicle that is
titled in another state and is in the lawful possession of a financial
institution, a lending institution, or an insurance company if the
financial institution, lending institution, or insurance company
presents to the bureau a vehicle history report issued by an
independent provider of vehicle history information that includes:
(1) the motor vehicle's title information;
(2) the motor vehicle's odometer readings; and
(3) the number of owners of the motor vehicle.
(c) A:
(1) registered importer; or
(2) financial institution, a lending institution, or an insurance
company;
must maintain a copy of all documentation required by this section
for at least ten (10) years.
(d) An inspection of a motor vehicle described in subsection (a)
or (b) is required under section 12(c) of this chapter if:
(1) the registered importer; or
(2) the financial institution, lending institution, or insurance
company;
is unable to provide the bureau with the documentation required
by this section.".
SOURCE: Page 11, line 16; (08)CR033901.11. -->
Page 11, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 9-22-1-11; (08)CR033901.12. -->
"SECTION 12. IC 9-22-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. An officer who
finds or is notified of a vehicle or parts believed to be abandoned shall
attach in a prominent place a notice tag containing the following
information:
(1) The date, time, officer's name, public agency, and address and
telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) thirty-six (36) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held responsible
for all costs incidental to the removal, storage, and disposal of the
vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within:
(A) thirty-six (36) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
SOURCE: IC 9-22-1-12; (08)CR033901.12. -->
SECTION 12. IC 9-22-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. If a vehicle or a part
tagged under section 11 of this chapter is not removed within the
seventy-two (72) hour applicable period, the officer shall prepare a
written abandoned vehicle report of the vehicle or parts, including
information on the condition, missing parts, and other facts that might
substantiate the estimated market value of the vehicle or parts.
Photographs shall be taken to describe the condition of the vehicle or
parts.
SOURCE: IC 9-23-2-7; (08)CR033901.13. -->
SECTION 13. IC 9-23-2-7, AS AMENDED BY P.L.184-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) Except as provided in subsections (b)
through (g), the secretary of state shall issue an offsite sales license to
a dealer licensed under this chapter who submits an application for the
license not later than ten (10) business days or two (2) calendar weeks
before the offsite sale date. License applications under this section shall
be made public upon the request of any person.
(b) The secretary of state may not issue an offsite sales license to a
dealer who does not have an established place of business within
Indiana.
(c) The secretary of state may not issue an offsite sales license to a
licensed dealer proposing to conduct the sale outside a radius of twenty
(20) miles from its established place of business. This subsection does
not apply to:
(1) new manufactured housing dealers;
(2) recreational vehicle dealers; or
(3) a rental company that is a dealer conducting a sale at a site
within twenty (20) miles of any of its company owned affiliates;
or
(4) off-road vehicle dealers.
(d) A vehicle display is not considered an offsite sale if it is
conducted by a new vehicle franchised dealer in an open area where no
sales personnel and no sales material are present.
(e) The secretary of state may not issue an offsite sales license to a
licensed dealer proposing to conduct the offsite sale for more than ten
(10) calendar days.
(f) As used in this subsection, "executive" has the meaning set forth
in IC 36-1-2-5. The secretary of state may not issue an offsite sales
license to a licensed dealer if the dealer does not have authorization
that the offsite sale would be in compliance with local zoning
ordinances or other local ordinances. Authorization under this
subsection may only be obtained from the following:
(1) If the offsite sale would be located within the corporate
boundaries of a city or town, the executive of the city or town.
(2) If the offsite sale would be located outside the corporate
boundaries of a city or town:
(A) except as provided in clause (B), the executive of the
county; or
(B) if the city or town exercises zoning jurisdiction under
IC 36-7-4-205(b) over the area where the offsite sale would be
located, the executive of the city or town.
(g) The secretary of state may not issue an offsite sales license to a
licensed dealer who has held more than three (3) nonconsecutive
offsite sales in the year ending on the date of the offsite sale for which
the current license application is being submitted.
(h) The requirements of section 2(c) of this chapter do not apply to
the application or issuance of an offsite sales license under this section.
SOURCE: IC 9-24-6-4.5; (08)CR033901.15. -->
SECTION 15. IC 9-24-6-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 4.5. (a) An employer
that is a motor carrier (as defined in IC 8-2.1-17-10) engaged in the
business of the transportation of property may provide:
(1) an advance of wages not yet earned or business expenses
not yet incurred to the holder of a commercial driver's license
issued according to rules adopted pursuant to section 2 of this
chapter; and
(2) take as a deduction from subsequent wages earned by the
holder of the commercial driver's license the amount of the
advance that exceeds the amount that is substantiated with a
receipt or other appropriate documentary evidence that
complies with the requirements applicable to a
reimbursement or other expense allowance arrangements
under 26 U. S.C. 62(c).
(b) The amount of the advance, in accordance with this section,
deducted from subsequent wages earned by the holder of the
commercial driver's license is not considered an invalid assignment
of wages if the following conditions are satisfied:
(1) The advance is made at the request of the holder of the
commercial driver's license.
(2) The motor carrier employer provided notice to the holder
of the commercial driver's license that the amount advanced
may be deducted from a subsequent wage statement to the
extent that the amount of the advance exceeds the amount
substantiated under this section.".
SOURCE: Page 12, line 35; (08)CR033901.12. -->
Page 12, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: ; (08)CR033901.19. -->
"SECTION 19. [EFFECTIVE JULY 1, 2008] (a) Notwithstanding
IC 9-13-2-42, as amended by this act, a person who engages in the
business of selling at least twelve (12) off-road vehicles to the
general public each year for delivery in Indiana whose business
name begins with the letters A through L, inclusive, is not required
to apply for a dealer's license under IC 9-23-2 with the bureau of
motor vehicles until the month in 2009 required by IC 9-23-2-8.
(b) This SECTION expires December 31, 2009.".
SOURCE: Page 12, line 37; (08)CR033901.12. -->
Page 12, line 37, after "IC 9-13-2-80;" insert "IC 9-23-0.5-1;".
Renumber all SECTIONS consecutively.
(Reference is to SB 339 as printed January 23, 2008.)
and when so amended that said bill do pass.
__________________________________
CR033901/DI 96 2008