January 23, 2008
SENATE BILL No. 339
_____
DIGEST OF SB 339
(Updated January 22, 2008 11:21 am - DI 71)
Citations Affected: IC 5-2; IC 6-6; IC 9-13; IC 9-18; IC 9-29;
noncode.
Synopsis: Various motor vehicle matters. Repeals and relocates
provisions concerning the licensing of commercial driver training
schools and instructors, and transfers responsibility and funding from
the bureau of motor vehicles (bureau) to the Indiana criminal justice
institute (ICJI). Transfers rules of the bureau concerning commercial
driver training schools and instructors from the bureau to the ICJI.
Removes the requirement that the daily deposit of motor vehicle excise
taxes collected by the bureau be deposited in a separate account.
Authorizes the bureau to determine the registration schedule for
various categories of vehicles. Repeals outdated language concerning
registration schedules for certain vehicles. Makes conforming
amendments.
Effective: Upon passage; July 1, 2008.
Merritt
January 14, 2008, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 22, 2008, amended, reported favorably _ Do Pass.
January 23, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 339
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-6-3; (08)SB0339.1.1. -->
SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.186-2007,
SECTION 3, AS AMENDED BY P.L.192-2007, SECTION 1, AND
AS AMENDED BY P.L.216-2007, SECTION 1, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: 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.
(13) (14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(14) (15) Identify grants and other funds that can be used to fund
the gang crime witness protection program.
(16) Administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
SOURCE: IC 5-2-6.5; (08)SB0339.1.2. -->
SECTION 2. IC 5-2-6.5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]
Chapter 6.5. Commercial Driver Training Schools
Sec. 1. This chapter does not apply to the following:
(1) An individual giving driver training lessons without
charge.
(2) Employers maintaining driver training schools without
charge, for employees of the employer only.
(3) Schools or classes conducted by colleges, universities, and
high schools for regularly enrolled students.
Sec. 2. As used in this chapter, "bureau" refers to the bureau of
motor vehicles created by IC 9-14-1-1.
Sec. 3. As used in this chapter, "college" means:
(1) an accredited college:
(2) a technical college;
(3) a university; or
(4) a junior college.
Sec. 4. (a) As used in this chapter, "commercial driver training
school" means a business enterprise that:
(1) is conducted by an individual, an association, a
partnership, a limited liability company, or a corporation for
the education and training of persons, either practically or
theoretically, or both, to operate or drive motor vehicles or to
prepare an applicant for an examination or validation given
by the bureau under IC 9-24 for a driver's license; and
(2) charges consideration or tuition for the provision of
services.
(b) The term does not include a business enterprise that
educates or trains a person or prepares a person for an
examination or a validation given by the bureau to operate or drive
a motor vehicle as a vocation.
Sec. 5. As used in this chapter, "driver's license" has the
meaning set forth in IC 9-13-2-48.
Sec. 6. As used in this chapter, "institute" refers to the Indiana
criminal justice institute established by IC 5-2-6-3.
Sec. 7. As used in this chapter, "instructor" means the
following:
(1) An individual, whether acting as the operator of a
commercial driver training school or on behalf of a
commercial driver training school, who for compensation
teaches, conducts classes of, gives demonstrations to, or
supervises the practice of individuals learning to operate or
drive motor vehicles or preparing to take an examination for
a driver's license.
(2) An individual who supervises the work of an instructor.
Sec. 8. (a) To establish or operate a commercial driver training
school, the commercial driver training school must obtain a
commercial driver's training school license from the institute in the
manner and form prescribed by the institute.
(b) Subject to subsection (c), the institute shall adopt rules under
IC 4-22-2 that state the requirements for obtaining a commercial
driver training school license, including the following:
(1) Location of the commercial driver training school.
(2) Equipment required.
(3) Courses of instruction.
(4) Instructors.
(5) Previous records of the commercial driver training school
and instructors.
(6) Financial statements.
(7) Schedule of fees and charges.
(8) Character and reputation of the operators and instructors.
(9) Insurance in the amount and with the provisions the
institute considers necessary to adequately protect the
interests of the public.
(10) Other matters the institute prescribes for the protection
of the public.
(c) The rules adopted under subsection (b) must permit a
licensed commercial driver training school to provide classroom
training during which an instructor is present in a county outside
the county where the commercial driver training school is located
to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed
in subdivisions (1) through (3) only if the governing body of the
entity approves the delivery of the training to its students.
Sec. 9. (a) To be eligible for an instructor's license under
subsection (d), an individual must complete at least sixty (60)
semester hours at a postsecondary educational institution. The
individual must:
(1) complete at least nine (9) semester hours in driver
education courses; and
(2) be at least twenty-one (21) years of age upon completion of
the driver education courses required by subdivision (1).
(b) The number of semester hours of driver education courses
required under subsection (a)(1) must include a combination of
theoretical and behind-the-wheel instruction that is consistent with
nationally accepted standards in traffic safety.
(c) The driver education semester hours completed under
subsection (a)(1) do not satisfy the requirements of subsection (d)
unless the driver education curriculum is approved by the
commission for higher education.
(d) The institute shall issue an instructor's license to an
individual who:
(1) meets the requirements of subsection (a);
(2) 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;
(3) has a good moral character, physical condition, knowledge
of the rules of the road, and work history. 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 this subdivision; or
(4) 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 subdivisions (2)
and (3).
Only an individual who holds an instructor's license issued by the
institute under this subsection may act as an instructor.
Sec. 10. (a) A license expires on the last day of the fiscal year
and may be renewed upon application to the institute as prescribed
by rule.
(b) Each application for an original or renewal license must be
accompanied by a:
(1) certified check;
(2) corporate check; or
(3) United States postal money order.
(c) The fee for:
(1) an original or a renewal school license is one hundred
dollars ($100); and
(2) an original or a renewal instructor's license is ten dollars
($10).
(d) A license fee may not be refunded if the license application
is rejected or the license is suspended or revoked.
(e) A license fee collected under this section shall be deposited
in the motor vehicle highway account fund established under
IC 8-14-1.
Sec. 11. (a) The institute shall adopt rules under IC 4-22-2 that
are necessary to administer and enforce this chapter and to protect
the public.
(b) The institute shall do the following:
(1) Inspect the following:
(A) School facilities.
(B) Equipment of applicants and licensees.
(2) Examine applicants for instructor's licenses.
(c) The institute shall administer and enforce this chapter and
may request assistance from the superintendent of public
instruction in developing and formulating appropriate rules.
Sec. 12. (a) The institute may:
(1) cancel;
(2) suspend;
(3) revoke;
(4) refuse to issue; or
(5) refuse to renew;
a school license or an instructor's license if the institute finds that
a licensee or an applicant has not complied with or has violated this
chapter or a rule adopted by the institute under this chapter.
(b) The person who holds a license that has been canceled,
suspended, or revoked under this section shall return the license to
the institute.
Sec. 13. The institute, after notice and opportunity for a hearing,
may cancel, suspend, revoke, or refuse to renew a license issued
under this chapter if it is shown that the person who holds the
license:
(1) no longer meets the requirements necessary to obtain the
license; or
(2) has willfully violated this chapter or a rule adopted by the
institute.
Sec. 14. A person who violates this chapter commits a Class C
infraction.
SOURCE: IC 6-6-5-9; (08)SB0339.1.3. -->
SECTION 3. IC 6-6-5-9, AS AMENDED BY P.L.184-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) The bureau, in the administration and
collection of the annual license excise tax imposed by this chapter, may
utilize the services and facilities of license branches operated under
IC 9-16 in its administration of the motor vehicle registration laws of
the state of Indiana. The license branches may be so utilized in
accordance with such procedures, in such manner, and to such extent
as the bureau shall deem necessary and proper to implement and
effectuate the administration and collection of the excise tax imposed
by this chapter. However, in the event the bureau shall utilize such
license branches in the collection of excise tax, the following apply:
(1) The excise taxes so collected by each license branch, less any
refunds made by the license branch, shall be deposited daily by
the license branch
in a separate account in a depository duly
designated by the state board of finance. The county treasurer of
the county for which the collections are due may withdraw funds
from the account at least two (2) times each week. The county
treasurer is responsible for the safekeeping and investment of
money withdrawn by the county treasurer under this subsection.
Before the eleventh day of the month following the month in
which the collections are made, the bureau of motor vehicles shall
report the excise taxes collected and refunds made outside the
county to the county treasurer of the county to which the
collections are due and the refunds apply. The bureau shall
forward a copy of this excise tax report to the county auditor of
the county.
(2) A license branch shall each week forward a report to the
county auditor of the county to whom the collections are due,
showing the excise tax collected on each vehicle, each refund on
a vehicle, and a copy of each registration certificate for all
collections and refunds within the county.
(3) Each license branch shall also report to the bureau all excise
taxes collected and refunds made under this chapter in the same
manner and at the same time as registration fees are reported.
(4) Premiums for insurance to protect the funds collected by
license branches against theft shall be paid by the bureau, except
that the bureau may issue blanket coverage for all branches at its
discretion. At the discretion of the bureau, the bureau may:
(A) self-insure to cover the activities of the license branches;
or
(B) rather than purchase a bond or crime policy for each
branch, purchase a single blanket bond or crime insurance
policy endorsed to include faithful performance to cover all
branches.
(5) If the services of a license branch are used by the bureau in the
collection of the excise tax imposed by this chapter, the license
branch shall collect the service charge prescribed under IC 9-29
for each vehicle registered upon which an excise tax is collected
by that branch.
(6) If the excise tax imposed by this chapter is collected by the
department of state revenue, the money collected shall be
deposited in the state general fund to the credit of the appropriate
county and reported to the bureau of motor vehicles on the first
working day following the week of collection. Except as provided
in subdivision (7), any amount collected by the department which
represents interest or a penalty shall be retained by the department
and used to pay its costs of enforcing this chapter.
(7) This subdivision applies only to interest or a penalty collected
by the department of state revenue from a person who:
(A) fails to properly register a vehicle as required by IC 9-18
and pay the tax due under this chapter; and
(B) during any time after the date by which the vehicle was
required to be registered under IC 9-18 displays on the vehicle
a license plate issued by another state.
The total amount collected by the department that represents
interest or a penalty, minus a reasonable amount determined by
the department to represent its administrative expenses, shall be
deposited in the state general fund for the credit of the county in
which the person resides. The amount shall be reported to the
bureau of motor vehicles on the first working day following the
week of collection.
The bureau may contract with a bank card or credit card vendor for
acceptance of bank or credit cards.
(b) On or before April 1 of each year the bureau shall provide to the
auditor of state the amount of motor vehicle excise taxes collected for
each county for the preceding year.
(c) On or before May 10 and November 10 of each year the auditor
of state shall distribute to each county one-half (1/2) of:
(1) the amount of delinquent taxes; and
(2) any penalty or interest described in subsection (a)(7);
that have been credited to the county under subsection (a). There is
appropriated from the state general fund the amount necessary to make
the distributions required by this subsection. The county auditor shall
apportion and distribute the delinquent tax distributions to the taxing
units in the county at the same time and in the same manner as excise
taxes are apportioned and distributed under section 10 of this chapter.
(d) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
SOURCE: IC 9-13-2-28; (08)SB0339.1.4. -->
SECTION 4. IC 9-13-2-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 28. "Commercial driver
training school", for purposes of IC 9-24-10-4, and IC 9-27-4, has the
meaning set forth in IC 9-27-4-2. IC 5-2-6.5-4.
SOURCE: IC 9-18-2-8; (08)SB0339.1.5. -->
SECTION 5. IC 9-18-2-8, AS AMENDED BY P.L.79-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8. (a) The bureau shall
register vehicles under
determine the schedule
in this section. for registration for the
following categories of vehicles:
(1) Passenger motor vehicles.
(2) Recreational vehicles.
(3) Motorcycles.
(4) Trucks that:
(A) are not regularly rented to others for not more than
twenty-nine (29) days in the regular course of the
corporation's business; and
(B) have a declared gross weight of not more than eleven
thousand (11,000) pounds.
(b) Except as provided in IC 9-18-12-2.5, a person
who that owns
a vehicle shall receive a license plate, renewal tag, or other indicia
upon registration of the vehicle. The bureau may determine the device
required to be displayed.
(c) A corporation shall register, before February 1 of each year, the
following vehicles that are owned by the corporation:
(1) A passenger motor vehicle that is not regularly rented to
others for not more than twenty-nine (29) days in the regular
course of the corporation's business.
(2) A recreational vehicle.
(3) A motorcycle.
(4) A truck that:
(A) is not regularly rented to others for not more than
twenty-nine (29) days in the regular course of the corporation's
business; and
(B) has a declared gross weight of not more than eleven
thousand (11,000) pounds.
(d) (c) A corporation that owns a
(1) passenger motor vehicle; or
(2) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds
that is regularly rented to others for periods of not more than
twenty-nine (29) days in the regular course of the corporation's
business must register the
passenger motor vehicle or truck before
March 1 of each year.
(e) For registrations for 2005, a person who owns a:
(1) passenger motor vehicle;
(2) recreational vehicle;
(3) motorcycle; or
(4) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds;
that is not subject to the registration requirements under subsection (d)
shall register the passenger motor vehicle, recreational vehicle,
motorcycle, or truck in conformance with the schedule set forth in
subsection (f) or (g).
(f) After December 31, 2005, a person who owns a vehicle subject
to registration under this subsection shall register the vehicle in
accordance with subsection (g). The following schedule applies to
persons who own vehicles that are required to be registered under
subsection (e):
(1) Persons whose last names begin with the letters A through BE
shall register before February 16 of each year.
(2) Persons whose last names begin with the letters BF through
BZ shall register before March 1 of each year.
(3) Persons whose last names begin with the letter C shall register
before March 16 of each year.
(4) Persons whose last names begin with the letter D shall register
before April 1 of each year.
(5) Persons whose last names begin with the letters E through F
shall register before April 16 of each year.
(6) Persons whose last names begin with the letter G shall register
before May 1 of each year.
(7) Persons whose last names begin with the letters HA through
HN shall register before May 16 of each year.
(8) Persons whose last names begin with the letters HO through
I shall register before June 1 of each year.
(9) Persons whose last names begin with the letters J through KM
shall register before June 16 of each year.
(10) Persons whose last names begin with the letters KN through
L shall register before July 1 of each year.
(11) Persons whose last names begin with the letters MA through
ME shall register before July 16 of each year.
(12) Persons whose last names begin with the letters MF through
O shall register before August 1 of each year.
(13) Persons whose last names begin with the letters P through Q
shall register before August 16 of each year.
(14) Persons whose last names begin with the letter R shall
register before September 1 of each year.
(15) Persons whose last names begin with the letters SA through
SN shall register before September 16 of each year.
(16) Persons whose last names begin with the letters SO through
T shall register before October 1 of each year.
(17) Persons whose last names begin with the letters U through
WK shall register before October 16 of each year.
(18) Persons whose last names begin with the letters WL through
Z shall register before November 1 of each year.
(g) The bureau shall determine the schedule for registration for the
categories of vehicles set forth in subsection (e) for registrations
required after December 31, 2005.
(h) (d) A person
who that owns a vehicle in a category required to
be registered under
subsection (c), (d), or (e), this section and
who
desires to register the vehicle for the first time must apply to the bureau
for a registration application form. The bureau shall do the following:
(1) Administer the registration application form.
(2) Issue the license plate.
(3) Collect the proper registration and service fees in accordance
with the procedure established by the bureau.
(i) (e) Except as provided in IC 9-18-12-2.5, the bureau shall issue
a semipermanent plate under section 30 of this chapter, or:
(1) an annual renewal tag; or
(2) other indicia;
to be affixed on the semipermanent plate.
SOURCE: IC 9-29-5-42; (08)SB0339.1.6. -->
SECTION 6. IC 9-29-5-42, AS AMENDED BY P.L.210-2005,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 42. (a) Except as provided in subsection (c),
vehicles not subject to IC 9-18-2-8 shall be registered at one-half (1/2)
of the regular rate, subject to IC 9-18-2-7, if the vehicle is registered
after July 31 of any year. This subsection does not apply to the
following:
(1) Special machinery.
(2) Semitrailers registered on a five (5) year or permanent basis
under IC 9-18-10-2.
(3) An implement of agriculture designed to be operated primarily
on a highway.
(b) Except as provided in subsection (c), subsection (a) and
IC 9-18-2-7 determine the registration fee for the registration of a
vehicle subject to registration under IC 9-18-2-8(c) IC 9-18-2-8(d), and
IC 9-18-2-8(e) and acquired by an owner subsequent to the date
required for the annual registration of vehicles by an owner set forth in
IC 9-18-2-8.
(c) Subject to subsection (d), a vehicle subject to the International
Registration Plan that is registered after September 30 shall be
registered at a rate determined by the following formula:
STEP ONE: Determine the number of months before April 1 of
the following year beginning with the date of registration. A
partial month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the annual registration fee for the vehicle
by the STEP TWO result.
(d) If the department of state revenue adopts rules under IC 9-18-2-7
to implement staggered registration for motor vehicles subject to the
International Registration Plan, a motor vehicle subject to the
International Registration Plan that is registered after the date
designated for registration of the motor vehicle in rules adopted under
IC 9-18-2-7 shall be registered at a rate determined by the following
formula:
STEP ONE: Determine the number of months before the motor
vehicle must be re-registered. A partial month shall be rounded to
one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the annual registration fee for the vehicle
by the STEP TWO result.
SOURCE: ; (08)SB0339.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2008] The rules adopted
under IC 4-22-2 by the bureau of motor vehicles before July 1,
2008, concerning commercial driver training schools and
instructors of commercial driver training schools are considered,
after July 1, 2008, rules of the Indiana criminal justice institute.
SOURCE: ; (08)SB0339.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2008] (a) For the period
beginning January 1, 2009, and ending June 30, 2009, there is
transferred to the Indiana criminal justice institute from money
appropriated to the bureau of motor vehicles an amount that is
necessary to give full effect to the transfer of responsibilities
concerning the licensing of commercial driver training schools and
instructors from the bureau of motor vehicles to the Indiana
criminal justice institute under this act.
(b) The source and amount of money transferred under
subsection (a) shall be:
(1) determined jointly by the bureau of motor vehicles and the
Indiana criminal justice institute; and
(2) memorialized not later than December 1, 2009, in a
writing that is subject to approval by the state budget agency.
SOURCE: IC 9-13-2-27.5; IC 9-13-2-80; IC 9-27-4; IC 9-29-12-1;
IC 9-29-12-2.
; (08)SB0339.1.9. -->
SECTION 9. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2008]: IC 9-13-2-27.5; IC 9-13-2-80; IC 9-27-4; IC 9-29-12-1;
IC 9-29-12-2.
SOURCE: ; (08)SB0339.1.10. -->
SECTION 10.
An emergency is declared for this act.