Indiana 2024 Regular Session

Indiana House Bill HB1280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1280
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-13-2; IC 9-14-13; IC 9-18.1-3-8.5;
7	7	IC 9-19-13-1; IC 9-21; IC 9-30-3-14; IC 20-27-10-3.5; IC 27-1-22-29;
8	8	IC 27-4-1-4; IC 34-6-2-85; IC 34-28-5-5; IC 36-1-6-3.
9	9	Synopsis: Automated traffic enforcement safety devices. Authorizes
10	10	a county or municipality to adopt and enforce an ordinance that
11	11	regulates the use of an automated traffic enforcement safety device
12	12	(device) to detect certain violations. Provides a civil penalty for a
13	13	violation. Specifies that a civil penalty must first be applied to defray
14	14	the cost of the installation, operation, and maintenance of the device.
15	15	Specifies the manner in which the remaining money from the civil
16	16	penalty must be distributed. Prohibits: (1) reporting a violation on a
17	17	driving record; (2) using a violation to determine rates for motor
18	18	vehicle insurance; (3) assessing points under the point system by the
19	19	bureau of motor vehicles (bureau) for a violation; and (4) reselling data
20	20	collected by an agent operating a device. Requires notification to the
21	21	bureau, and the suspension of the registration of a motor vehicle if a
22	22	violation is not paid. Makes conforming changes.
23	23	Effective: July 1, 2024.
24	24	Johnson B
25	25	January 9, 2024, read first time and referred to Committee on Roads and Transportation.
26	26	2024 IN 1280—LS 6357/DI 137 Introduced
27	27	Second Regular Session of the 123rd General Assembly (2024)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2023 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1280
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	motor vehicles.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 9-13-2-2.1 IS ADDED TO THE INDIANA CODE
42	42	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43	43	3 1, 2024]: Sec. 2.1. "Agent", for purposes of IC 9-21-3.6, has the
44	44	4 meaning set forth in IC 9-21-3.6-1.
45	45	5 SECTION 2. IC 9-13-2-6.2 IS ADDED TO THE INDIANA CODE
46	46	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
47	47	7 1, 2024]: Sec. 6.2. "Automated traffic enforcement safety device",
48	48	8 for purposes of IC 9-21-3.6, has the meaning set forth in
49	49	9 IC 9-21-3.6-2.
50	50	10 SECTION 3. IC 9-13-2-110.4 IS ADDED TO THE INDIANA
51	51	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
52	52	12 [EFFECTIVE JULY 1, 2024]: Sec. 110.4. "Municipality", for
53	53	13 purposes of IC 9-21-3.6, has the meaning set forth in IC 36-1-2-11.
54	54	14 SECTION 4. IC 9-13-2-121, AS AMENDED BY P.L.164-2020,
55	55	15 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56	56	16 JULY 1, 2024]: Sec. 121. (a) Except as otherwise provided in
57	57	17 subsection subsections (b) and (c), "owner" means a person, other than
58	58	2024 IN 1280—LS 6357/DI 137 2
59	59	1 a lienholder, that:
60	60	2 (1) holds the property in or title to, as applicable, a vehicle,
61	61	3 manufactured home, mobile home, off-road vehicle, snowmobile,
62	62	4 or watercraft; or
63	63	5 (2) is entitled to the use or possession of, as applicable, a vehicle,
64	64	6 manufactured home, off-road vehicle, snowmobile, or watercraft,
65	65	7 through a lease or other agreement intended to operate as a
66	66	8 security.
67	67	9 (b) "Owner" for purposes of IC 9-18.1-14.5, has the meaning set
68	68	10 forth in 33 CFR 174.3.
69	69	11 (c) "Owner", for purposes of IC 9-21-3.6, has the meaning set
70	70	12 forth in IC 9-21-3.6-4.
71	71	13 SECTION 5. IC 9-13-2-128.5 IS ADDED TO THE INDIANA
72	72	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
73	73	15 [EFFECTIVE JULY 1, 2024]: Sec. 128.5. "Postsecondary
74	74	16 educational institution", for purposes of IC 9-21-3.6, has the
75	75	17 meaning set forth in IC 9-21-3.6-5.
76	76	18 SECTION 6. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
77	77	19 SECTION 193, IS AMENDED TO READ AS FOLLOWS
78	78	20 [EFFECTIVE JULY 1, 2024]: Sec. 7. The bureau may disclose certain
79	79	21 personal information that is not highly restricted personal information
80	80	22 if the person requesting the information provides proof of identity and
81	81	23 represents that the use of the personal information will be strictly
82	82	24 limited to at least one (1) of the following:
83	83	25 (1) For use by a government agency, including a court or law
84	84	26 enforcement agency, in carrying out its functions, or a person
85	85	27 acting on behalf of a government agency in carrying out its
86	86	28 functions, including an agent in carrying out its
87	87	29 responsibilities under IC 9-21-3.6.
88	88	30 (2) For use in connection with matters concerning:
89	89	31 (A) motor vehicle or driver safety and theft;
90	90	32 (B) motor vehicle emissions;
91	91	33 (C) motor vehicle product alterations, recalls, or advisories;
92	92	34 (D) performance monitoring of motor vehicles, motor vehicle
93	93	35 parts, and dealers;
94	94	36 (E) motor vehicle market research activities, including survey
95	95	37 research;
96	96	38 (F) the removal of nonowner records from the original owner
97	97	39 records of motor vehicle manufacturers; and
98	98	40 (G) motor fuel theft under IC 24-4.6-5.
99	99	41 (3) For use in the normal course of business by a business or its
100	100	42 agents, employees, or contractors, but only:
101	101	2024 IN 1280—LS 6357/DI 137 3
102	102	1 (A) to verify the accuracy of personal information submitted
103	103	2 by an individual to the business or its agents, employees, or
104	104	3 contractors; and
105	105	4 (B) if information submitted to a business is not correct or is
106	106	5 no longer correct, to obtain the correct information only for
107	107	6 purposes of preventing fraud by pursuing legal remedies
108	108	7 against, or recovering on a debt or security interest against, the
109	109	8 individual.
110	110	9 (4) For use in connection with a civil, a criminal, an
111	111	10 administrative, or an arbitration proceeding in a court or
112	112	11 government agency or before a self-regulatory body, including the
113	113	12 service of process, investigation in anticipation of litigation, and
114	114	13 the execution or enforcement of judgments and orders, or under
115	115	14 an order of a court.
116	116	15 (5) For use in research activities, and for use in producing
117	117	16 statistical reports, as long as the personal information is not
118	118	17 published, redisclosed, or used to contact the individuals who are
119	119	18 the subject of the personal information.
120	120	19 (6) For use by an insurer, an insurance support organization, or a
121	121	20 self-insured entity, or the agents, employees, or contractors of an
122	122	21 insurer, an insurance support organization, or a self-insured entity
123	123	22 in connection with claims investigation activities, anti-fraud
124	124	23 activities, rating, or underwriting.
125	125	24 (7) For use in providing notice to the owners of towed or
126	126	25 impounded vehicles.
127	127	26 (8) For use by a licensed private investigative agency or licensed
128	128	27 security service for a purpose allowed under this section.
129	129	28 (9) For use by an employer or its agent or insurer to obtain or
130	130	29 verify information relating to a holder of a commercial driver's
131	131	30 license that is required under the Commercial Motor Vehicle
132	132	31 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
133	133	32 (10) For use in connection with the operation of private toll
134	134	33 transportation facilities.
135	135	34 (11) For any use in response to requests for individual motor
136	136	35 vehicle records when the bureau has obtained the written consent
137	137	36 of the person to whom the personal information pertains.
138	138	37 (12) For bulk distribution for surveys, marketing, or solicitations
139	139	38 when the bureau has obtained the written consent of the person to
140	140	39 whom the personal information pertains.
141	141	40 (13) For use by any person, when the person demonstrates, in a
142	142	41 form and manner prescribed by the bureau, that written consent
143	143	42 has been obtained from the individual who is the subject of the
144	144	2024 IN 1280—LS 6357/DI 137 4
145	145	1 information.
146	146	2 (14) For any other use specifically authorized by law that is
147	147	3 related to the operation of a motor vehicle or public safety.
148	148	4 However, this section does not affect the use of anatomical gift
149	149	5 information on a person's driver's license or identification document
150	150	6 issued by the bureau, nor does this section affect the administration of
151	151	7 anatomical gift initiatives in Indiana.
152	152	8 SECTION 7. IC 9-14-13-10, AS ADDED BY P.L.198-2016,
153	153	9 SECTION 193, IS AMENDED TO READ AS FOLLOWS
154	154	10 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) An authorized recipient of
155	155	11 personal information, except a recipient under section 7(11) or 7(12)
156	156	12 of this chapter, and except as provided in subsection (e), may resell
157	157	13 or redisclose the information for any use allowed under section 7 of this
158	158	14 chapter, except for a use under section 7(11) or 7(12) of this chapter.
159	159	15 (b) An authorized recipient of a record under section 7(11) of this
160	160	16 chapter may resell or redisclose personal information for any purpose.
161	161	17 (c) An authorized recipient of personal information under
162	162	18 IC 9-14-12-8 and section 7(12) of this chapter may resell or redisclose
163	163	19 the personal information for use only in accordance with section 7(12)
164	164	20 of this chapter.
165	165	21 (d) Except for a recipient under section 7(11) of this chapter, a
166	166	22 recipient who resells or rediscloses personal information is required to
167	167	23 maintain and make available for inspection to the bureau, upon request,
168	168	24 for at least five (5) years, records concerning:
169	169	25 (1) each person that receives the information; and
170	170	26 (2) the permitted use for which the information was obtained.
171	171	27 (e) An agent who carries out responsibilities under IC 9-21-3.6
172	172	28 and is a recipient of personal information under section 7(1) of this
173	173	29 chapter may not resell or redisclose the personal information for
174	174	30 any purpose.
175	175	31 SECTION 8. IC 9-18.1-3-8.5 IS ADDED TO THE INDIANA
176	176	32 CODE AS A NEW SECTION TO READ AS FOLLOWS
177	177	33 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. (a) If the bureau receives a
178	178	34 referral to suspend the registration of a vehicle under IC 9-21-3.6,
179	179	35 the bureau shall suspend the registration of the vehicle used in the
180	180	36 ordinance violation until the owner pays the civil penalty and
181	181	37 reinstatement fees under IC 9-21-3.6 and subsection (b).
182	182	38 (b) The bureau may impose a fee to reinstate a registration
183	183	39 suspended under this section.
184	184	40 SECTION 9. IC 9-19-13-1, AS AMENDED BY P.L.1-2005,
185	185	41 SECTION 101, IS AMENDED TO READ AS FOLLOWS
186	186	42 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The state school bus
187	187	2024 IN 1280—LS 6357/DI 137 5
188	188	1 committee established by IC 20-27-3-1 shall adopt and enforce rules
189	189	2 under IC 4-22-2 not inconsistent with this chapter to govern the design
190	190	3 and operation of all school buses used for the transportation of school
191	191	4 children when owned and operated by a school corporation or privately
192	192	5 owned and operated under contract with an Indiana school corporation.
193	193	6 The rules must by reference be made a part of such a contract with a
194	194	7 school corporation. Each school corporation, officer and employee of
195	195	8 the school corporation, and person employed under contract by a
196	196	9 school district is subject to those rules.
197	197	10 (b) Notwithstanding subsection (a), a school corporation may
198	198	11 use an automated traffic enforcement safety device on a school bus
199	199	12 under IC 9-21-3.6.
200	200	13 SECTION 10. IC 9-21-3.6 IS ADDED TO THE INDIANA CODE
201	201	14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
202	202	15 JULY 1, 2024]:
203	203	16 Chapter 3.6. Automated Traffic Enforcement Safety Devices
204	204	17 Sec. 1. As used in this chapter, "agent" means a person that:
205	205	18 (1) provides services to a county or municipality;
206	206	19 (2) operates, maintains, leases, or licenses automated traffic
207	207	20 enforcement safety devices as authorized by a county or
208	208	21 municipality; or
209	209	22 (3) is authorized to review and assemble a recorded image
210	210	23 captured by an automated traffic enforcement safety device
211	211	24 for review by a police officer employed by a county or
212	212	25 municipality.
213	213	26 Sec. 2. As used in this chapter, "automated traffic enforcement
214	214	27 safety device" means a photographic device, radar device, laser
215	215	28 device, or other electrical or mechanical device or devices designed
216	216	29 to:
217	217	30 (1) record the speed of a motor vehicle;
218	218	31 (2) obtain a clear recorded image of the rear of the motor
219	219	32 vehicle and the license plate affixed to the motor vehicle at the
220	220	33 time of a violation;
221	221	34 (3) indicate on at least one (1) recorded image the date, time,
222	222	35 and location of the violation; and
223	223	36 (4) undergo an annual calibration check, the results of which
224	224	37 are kept on file with the county or municipality that uses the
225	225	38 automated traffic enforcement safety device.
226	226	39 Sec. 3. As used in this chapter, "municipality" means a city or
227	227	40 town.
228	228	41 Sec. 4. As used in this chapter, "owner" means a person in
229	229	42 whose name a motor vehicle is registered under any of the
230	230	2024 IN 1280—LS 6357/DI 137 6
231	231	1 following:
232	232	2 (1) IC 9-18.1.
233	233	3 (2) The law of another state.
234	234	4 (3) The law of a foreign country.
235	235	5 (4) The International Registration Plan.
236	236	6 Sec. 5. As used in this chapter, "postsecondary educational
237	237	7 institution" means a postsecondary school that provides an
238	238	8 organized program of collegiate study directly creditable toward
239	239	9 a baccalaureate degree for at least two (2) years.
240	240	10 Sec. 6.(a) Notwithstanding IC 36-1-3-8(a)(8), a county or
241	241	11 municipality may adopt an ordinance to use an automated traffic
242	242	12 enforcement safety device to enforce a violation of:
243	243	13 (1) IC 9-21-12-1(a); or
244	244	14 (2) a speed limit established under section 11 of this chapter.
245	245	15 (b) An ordinance adopted under subsection (a) must be adopted
246	246	16 as follows:
247	247	17 (1) In a municipality, by the legislative body of the
248	248	18 municipality.
249	249	19 (2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
250	250	20 legislative body of the county.
251	251	21 (3) In any other county, by the executive of the county.
252	252	22 (c) An ordinance adopted under subsection (a) is subject to an
253	253	23 interlocal agreement under IC 36-1-7.
254	254	24 Sec. 7. A school corporation may enter into an interlocal
255	255	25 agreement under IC 36-1-7 with a county or municipality for the
256	256	26 installation, operation, notice processing, administration,
257	257	27 maintenance, and enforcement of an automated traffic
258	258	28 enforcement safety device on a school bus to enforce a violation
259	259	29 under this chapter.
260	260	30 Sec. 8.(a) A municipality, county, or school corporation that
261	261	31 uses an automated traffic enforcement safety device may enter into
262	262	32 a contract with an agent for the installation, operation, notice
263	263	33 processing, administration, and maintenance of an automated
264	264	34 traffic enforcement safety device.
265	265	35 (b) An agent is not required to be licensed under IC 25-30-1.
266	266	36 (c) The records, documents, and books kept by an agent are not
267	267	37 considered public records (as defined in IC 5-14-3-2(r)).
268	268	38 Sec. 9. (a) If a county or municipality adopts an ordinance under
269	269	39 section 6 of this chapter, the ordinance must include the following
270	270	40 regarding the automated traffic enforcement safety device:
271	271	41 (1) That an automated traffic enforcement safety device must
272	272	42 comply with an international standard for operating an
273	273	2024 IN 1280—LS 6357/DI 137 7
274	274	1 automated traffic enforcement safety device.
275	275	2 (2) That the automated traffic enforcement safety device is
276	276	3 maintained in accordance with specified self-test performance
277	277	4 standards.
278	278	5 (3) That an ordinance adopted under this chapter may be
279	279	6 challenged pursuant to the requirements of IC 34-13-6.
280	280	7 (b) If a county or municipality adopts an ordinance under
281	281	8 section 6 of this chapter, the ordinance must include the following
282	282	9 regarding a violation:
283	283	10 (1) That a police officer employed by the county or
284	284	11 municipality:
285	285	12 (A) must review and approve an image recorded by the
286	286	13 automated traffic enforcement safety device before notice
287	287	14 of an ordinance violation may be forwarded to the owner
288	288	15 of the motor vehicle; and
289	289	16 (B) may not forward notice of an ordinance violation to an
290	290	17 owner under clause (A) if, in the opinion of the police
291	291	18 officer, it was not possible for the operator of the motor
292	292	19 vehicle to safely avoid committing the ordinance violation
293	293	20 due to inclement weather conditions.
294	294	21 (2) Except as otherwise provided under this chapter, that the
295	295	22 owner of a motor vehicle identified through an automated
296	296	23 traffic enforcement safety device is liable for the civil penalty
297	297	24 for a violation under this chapter.
298	298	25 (3) The defenses to a violation under section 14 of this
299	299	26 chapter.
300	300	27 (4) The civil penalty to be assessed for a violation under
301	301	28 section 13 of this chapter.
302	302	29 (5) That an owner may pay a civil penalty for a violation by
303	303	30 electronic means.
304	304	31 (6) That failure to pay the civil penalty for a violation under
305	305	32 this chapter will result in the suspension of the registration of
306	306	33 the owner's motor vehicle.
307	307	34 (7) That a county or municipality may bring an action under
308	308	35 IC 36-1-6 to enforce an ordinance or action taken under this
309	309	36 chapter.
310	310	37 (c) A county or municipality that adopts an ordinance under
311	311	38 section 6 of this chapter shall publish notice of the location of each
312	312	39 automated traffic enforcement safety device on the website of the
313	313	40 county or municipality.
314	314	41 Sec. 10. (a) A county or municipality that uses an automated
315	315	42 traffic enforcement safety device to detect a violation under this
316	316	2024 IN 1280—LS 6357/DI 137 8
317	317	1 chapter must install a sign at least five hundred (500) feet before
318	318	2 the placement of the automated traffic enforcement safety device.
319	319	3 (b) A sign installed under subsection (a) must:
320	320	4 (1) notify a driver of the existence of the automated traffic
321	321	5 enforcement safety device to enforce a violation under this
322	322	6 chapter; and
323	323	7 (2) conform to the Indiana Manual on Uniform Traffic
324	324	8 Control Devices for Streets and Highways adopted under
325	325	9 IC 9-21-2-1.
326	326	10 Sec. 11. A county or municipality may adopt an ordinance to
327	327	11 establish a speed limit that is enforced by an automated traffic
328	328	12 enforcement safety device under this chapter if the following
329	329	13 conditions are met:
330	330	14 (1) The county or municipality, in consultation with the
331	331	15 Indiana department of transportation, may establish a speed
332	332	16 limit by ordinance on a state highway upon which an
333	333	17 elementary school (as defined in IC 20-18-2-4), a high school
334	334	18 (as defined in IC 20-18-2-7), or a postsecondary educational
335	335	19 institution is located. However, a speed limit adopted by an
336	336	20 ordinance under this subdivision is valid only if the following
337	337	21 conditions exist:
338	338	22 (A) The speed limit is not less than twenty (20) miles per
339	339	23 hour.
340	340	24 (B) The speed zone does not exceed two thousand five
341	341	25 hundred (2,500) feet from the perimeter of the school or
342	342	26 institution.
343	343	27 (C) The speed zone is properly signed. There must be a
344	344	28 sign located where the speed zone begins or as near as
345	345	29 practical to the point where the speed zone begins
346	346	30 indicating the speed limit.
347	347	31 (D) The Indiana department of transportation has been
348	348	32 notified by certified mail regarding the location and speed
349	349	33 limit of the speed zone.
350	350	34 (2) A county or municipality may establish a speed limit on a
351	351	35 street or highway upon which an elementary school (as
352	352	36 defined in IC 20-18-2-4), a high school (as defined in
353	353	37 IC 20-18-2-7), or a postsecondary educational institution is
354	354	38 located, if the street or highway is under the jurisdiction of
355	355	39 the county or municipality, respectively. However, a speed
356	356	40 limit adopted by an ordinance under this subdivision is valid
357	357	41 only if the following conditions exist:
358	358	42 (A) The speed limit is not less than twenty (20) miles per
359	359	2024 IN 1280—LS 6357/DI 137 9
360	360	1 hour within an urban district and not less than thirty (30)
361	361	2 miles per hour outside an urban district.
362	362	3 (B) The speed zone does not exceed two thousand five
363	363	4 hundred (2,500) feet from the perimeter of the school or
364	364	5 institution.
365	365	6 (C) The speed zone is properly signed. There must be a
366	366	7 sign located where the speed zone begins or as near as
367	367	8 practical to the point where the speed zone begins
368	368	9 indicating the speed limit. If the school operates on a
369	369	10 twelve (12) month schedule, there must be a sign indicating
370	370	11 that the school is an all year school.
371	371	12 Sec. 12. (a) A school corporation that uses an automated traffic
372	372	13 enforcement safety device to enforce an ordinance adopted under
373	373	14 this chapter must forward a recorded image produced by the
374	374	15 automated traffic enforcement safety device to the law
375	375	16 enforcement agency of the county or municipality in which the
376	376	17 school corporation is located for review and approval by a police
377	377	18 officer employed by the law enforcement agency before notice of
378	378	19 the ordinance violation may be sent to the owner of the motor
379	379	20 vehicle.
380	380	21 (b) A police officer described in subsection (a) may not send
381	381	22 notice of the ordinance violation to the owner of the motor vehicle
382	382	23 if, in the opinion of the police officer, the operator of the motor
383	383	24 vehicle could not have safely avoided committing the ordinance
384	384	25 violation due to inclement weather conditions.
385	385	26 Sec. 13. (a) Notwithstanding IC 36-1-3-8(a)(10)(B), a county or
386	386	27 municipality may impose a civil penalty for an ordinance violation
387	387	28 under this chapter in an amount not to exceed two hundred fifty
388	388	29 dollars ($250).
389	389	30 (b) A county or municipality may impose a fee associated with
390	390	31 the electronic processing of the civil penalty imposed under
391	391	32 subsection (a).
392	392	33 (c) A county or municipality must apply at least fifty percent
393	393	34 (50%) of the amount of the civil penalty imposed under subsection
394	394	35 (a) to defray the cost to install, operate, and maintain an automated
395	395	36 traffic enforcement safety device.
396	396	37 (d) The remaining money from the civil penalty imposed under
397	397	38 subsection (a) must be transferred to the general fund of the county
398	398	39 or municipality to be used for public safety and infrastructure.
399	399	40 Sec. 14. (a) It is a defense under this chapter if any of the
400	400	41 following apply:
401	401	42 (1) The owner provides an affidavit signed under the penalty
402	402	2024 IN 1280—LS 6357/DI 137 10
403	403	1 of perjury stating:
404	404	2 (A) the owner of the motor vehicle was engaged in the
405	405	3 business of renting or leasing vehicles under written
406	406	4 agreements;
407	407	5 (B) the motor vehicle was in the care, custody, or control
408	408	6 of an individual other than the owner or an employee of
409	409	7 the owner under a written agreement for the rental or
410	410	8 lease of the motor vehicle for a period of not more than
411	411	9 sixty (60) days; and
412	412	10 (C) the name and address of the individual who was
413	413	11 renting or leasing the motor vehicle;
414	414	12 at the time of the alleged violation.
415	415	13 (2) The owner provides an affidavit signed under the penalty
416	416	14 of perjury stating:
417	417	15 (A) the dealer license plate displayed by the motor vehicle
418	418	16 was issued to a person licensed under IC 9-32-6;
419	419	17 (B) the motor vehicle was in the care, custody, or control
420	420	18 of an individual other than the owner or an employee of
421	421	19 the owner of the motor vehicle using the dealer license
422	422	20 plate as authorized under IC 9-32-6-2 or IC 9-32-6-7; and
423	423	21 (C) the name and address of the individual who was using
424	424	22 the motor vehicle;
425	425	23 at the time of the alleged violation.
426	426	24 (3) If the owner provides an affidavit signed under the penalty
427	427	25 of perjury stating the owner was not operating the motor
428	428	26 vehicle at the time of the alleged violation and the name and
429	429	27 address of the individual operating the motor vehicle at the
430	430	28 time of the alleged violation.
431	431	29 (4) If the owner provides an affidavit signed under the penalty
432	432	30 of perjury stating that:
433	433	31 (A) the motor vehicle; or
434	434	32 (B) the license plate of the motor vehicle;
435	435	33 was stolen before the alleged violation occurred and was not
436	436	34 under the control or possession of the owner at the time of the
437	437	35 alleged violation.
438	438	36 (5) The owner was driving an authorized emergency vehicle
439	439	37 and did not endanger life or property.
440	440	38 (6) The owner was complying with a lawful order or direction
441	441	39 of a police officer.
442	442	40 (7) The owner yielded the right-of-way to an authorized
443	443	41 emergency vehicle.
444	444	42 (8) The owner was part of a funeral procession.
445	445	2024 IN 1280—LS 6357/DI 137 11
446	446	1 (9) A traffic citation was issued to the operator of the motor
447	447	2 vehicle, who was not the owner of the motor vehicle, for the
448	448	3 ordinance violation by a police officer.
449	449	4 (b) If the owner of a motor vehicle submits the evidence
450	450	5 required under subsection (a)(1) through (a)(3), the court shall
451	451	6 send by first class mail notice of the violation to the individual
452	452	7 identified as operator of the motor vehicle at the time of the
453	453	8 violation.
454	454	9 (c) Proof provided under subsection (a)(1) through (a)(3) creates
455	455	10 a rebuttable presumption that the individual identified by the
456	456	11 owner as the operator of the motor vehicle at the time of the
457	457	12 violation was the individual operating the motor vehicle at the time
458	458	13 of the violation.
459	459	14 (d) In addition to an affidavit described in subsection (a)(4), the
460	460	15 owner must submit proof that a police report was filed concerning
461	461	16 the stolen motor vehicle or stolen license plate.
462	462	17 Sec. 15. (a) Subject to the requirements under IC 36-1-6, a
463	463	18 county or municipality shall send by first class mail a notice to the
464	464	19 owner of the motor vehicle that the owner failed to contest the
465	465	20 violation or pay the civil penalty under this chapter.
466	466	21 (b) A notice under subsection (a) must inform an owner of the
467	467	22 following:
468	468	23 (1) That a referral to suspend the registration of the motor
469	469	24 vehicle under section 16 of this chapter will be sent to the
470	470	25 bureau not later than thirty (30) days after the notice under
471	471	26 subsection (a) is mailed if the violation is not paid.
472	472	27 (2) That a referral under section 16 of this chapter will result
473	473	28 in the suspension of the registration of the motor vehicle.
474	474	29 Sec. 16. (a) A county or municipality shall give a written referral
475	475	30 to suspend the registration of a motor vehicle to the bureau not
476	476	31 later than thirty (30) days after the notice under section 15 of this
477	477	32 chapter is mailed to the owner of the motor vehicle if the owner has
478	478	33 not:
479	479	34 (1) contested the ordinance violation; or
480	480	35 (2) paid the civil penalty.
481	481	36 (b) A referral under subsection (a) must include:
482	482	37 (1) information regarding the name of the owner of the motor
483	483	38 vehicle, the license plate number, and registration year;
484	484	39 (2) the date, time, and location of the violation;
485	485	40 (3) the date when the notice required under section 15 of this
486	486	41 chapter was mailed; and
487	487	42 (4) the seal of the local authority.
488	488	2024 IN 1280—LS 6357/DI 137 12
489	489	1 Sec. 17. (a) If the bureau receives a referral under section 16 of
490	490	2 this chapter, the bureau shall immediately suspend the registration
491	491	3 of the motor vehicle.
492	492	4 (b) The bureau shall send by first class mail a written notice to
493	493	5 the owner not later than thirty (30) days after receiving a referral
494	494	6 under section 16 of this chapter that informs the owner of the
495	495	7 motor vehicle of:
496	496	8 (1) the suspension of the registration of the motor vehicle;
497	497	9 (2) the reason for the suspension; and
498	498	10 (3) the process by which to have the registration of the motor
499	499	11 vehicle reinstated.
500	500	12 Sec. 18. The bureau shall reinstate the registration of a motor
501	501	13 vehicle that is suspended under this chapter if the owner presents
502	502	14 the bureau with proof that:
503	503	15 (1) the civil penalty; and
504	504	16 (2) the reinstatement fee under IC 9-18.1-3-8.5(b);
505	505	17 is paid.
506	506	18 Sec. 19. (a) A recorded image produced by an automated traffic
507	507	19 enforcement safety device that does not show an alleged violation
508	508	20 must be destroyed not later than thirty (30) days after the image is
509	509	21 recorded, unless otherwise determined by a court order.
510	510	22 (b) A recorded image produced by an automated traffic
511	511	23 enforcement safety device that shows an alleged violation must be
512	512	24 destroyed not more than ninety (90) days after the final disposition
513	513	25 of the proceeding or payment of the civil penalty, unless otherwise
514	514	26 determined by a court order.
515	515	27 Sec. 20. (a) The bureau may not assess points under the point
516	516	28 system for a violation of this chapter.
517	517	29 (b) A violation under this chapter is not considered to be a
518	518	30 traffic offense (as defined in IC 9-13-2-183).
519	519	31 (c) Information concerning a violation under this chapter may
520	520	32 not be included on a driving record established and maintained by
521	521	33 the bureau.
522	522	34 (d) A violation under this chapter may not be used to determine
523	523	35 rates for motor vehicle insurance.
524	524	36 SECTION 11. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
525	525	37 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
526	526	38 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
527	527	39 (f), whenever a local authority in the authority's jurisdiction determines
528	528	40 that the maximum speed permitted under this chapter is greater or less
529	529	41 than reasonable and safe under the conditions found to exist on a
530	530	42 highway or part of a highway, the local authority may determine and
531	531	2024 IN 1280—LS 6357/DI 137 13
532	532	1 declare a reasonable and safe maximum limit on the highway. The
533	533	2 maximum limit declared under this section may do any of the
534	534	3 following:
535	535	4 (1) Decrease the limit within urban districts, but not to less than
536	536	5 twenty (20) miles per hour.
537	537	6 (2) Increase the limit within an urban district, but not to more than
538	538	7 fifty-five (55) miles per hour during daytime and fifty (50) miles
539	539	8 per hour during nighttime.
540	540	9 (3) Decrease the limit outside an urban district, but not to less
541	541	10 than thirty (30) miles per hour.
542	542	11 (4) Decrease the limit in an alley, but to not less than five (5)
543	543	12 miles per hour.
544	544	13 (5) Increase the limit in an alley, but to not more than thirty (30)
545	545	14 miles per hour.
546	546	15 The local authority must perform an engineering and traffic
547	547	16 investigation before a determination may be made to change a speed
548	548	17 limit under subdivision (2), (3), (4), or (5) or before the speed limit
549	549	18 within an urban district may be decreased to less than twenty-five (25)
550	550	19 miles per hour under subdivision (1).
551	551	20 (b) Except as provided in subsection (f), a local authority in the
552	552	21 authority's jurisdiction shall determine by an engineering and traffic
553	553	22 investigation the proper maximum speed for all local streets and shall
554	554	23 declare a reasonable and safe maximum speed permitted under this
555	555	24 chapter for an urban district. However, an engineering and traffic study
556	556	25 is not required to be performed for the local streets in an urban district
557	557	26 under this subsection if the local authority determines that the proper
558	558	27 maximum speed in the urban district is not less than twenty-five (25)
559	559	28 miles per hour.
560	560	29 (c) An altered limit established under this section is effective at all
561	561	30 times or during hours of darkness or at other times as may be
562	562	31 determined when appropriate signs giving notice of the altered limit are
563	563	32 erected on the street or highway.
564	564	33 (d) Except as provided in this subsection and notwithstanding
565	565	34 IC 9-21-3.6 or IC 36-1-3-8(a), a local authority may not alter a speed
566	566	35 limit on a highway or extension of a highway in the state highway
567	567	36 system. A city or town may establish speed limits on state highways
568	568	37 upon which a school is located. However, a speed limit established
569	569	38 under this subsection is valid only if the following conditions exist:
570	570	39 (1) The limit is not less than twenty (20) miles per hour.
571	571	40 (2) The limit is imposed only in the immediate vicinity of the
572	572	41 school.
573	573	42 (3) Children are present.
574	574	2024 IN 1280—LS 6357/DI 137 14
575	575	1 (4) The speed zone is properly signed. There must be:
576	576	2 (A) a sign located:
577	577	3 (i) where the reduced speed zone begins; or
578	578	4 (ii) as near as practical to the point where the reduced speed
579	579	5 zone begins;
580	580	6 indicating the reduced speed limit; and
581	581	7 (B) a sign located at the end of the reduced speed zone
582	582	8 indicating:
583	583	9 (i) the speed limit for the section of highway that follows; or
584	584	10 (ii) the end of the reduced speed zone.
585	585	11 (5) The Indiana department of transportation has been notified of
586	586	12 the limit imposed by certified mail.
587	587	13 (e) A local authority may decrease a limit on a street to not less than
588	588	14 fifteen (15) miles per hour if the following conditions exist:
589	589	15 (1) The street is located within a park or playground established
590	590	16 under IC 36-10.
591	591	17 (2) The:
592	592	18 (A) board established under IC 36-10-3;
593	593	19 (B) board established under IC 36-10-4; or
594	594	20 (C) park authority established under IC 36-10-5;
595	595	21 requests the local authority to decrease the limit.
596	596	22 (3) The speed zone is properly signed.
597	597	23 (f) A city, town, or county may establish speed limits on a street or
598	598	24 highway upon which a school is located if the street or highway is
599	599	25 under the jurisdiction of the city, town, or county, respectively.
600	600	26 However, a speed limit established under this subsection is valid only
601	601	27 if the following conditions exist:
602	602	28 (1) The limit is not less than twenty (20) miles per hour.
603	603	29 (2) The limit is imposed only in the immediate vicinity of the
604	604	30 school.
605	605	31 (3) Children are present.
606	606	32 (4) The speed zone is properly signed. There must be:
607	607	33 (A) a sign located where the reduced speed zone begins or as
608	608	34 near as practical to the point where the reduced speed zone
609	609	35 begins indicating the reduced speed limit and a sign located at
610	610	36 the end of the reduced speed zone indicating the end of the
611	611	37 reduced speed zone; and
612	612	38 (B) if the school operates on a twelve (12) month schedule, a
613	613	39 sign indicating that the school is an all year school.
614	614	40 Notwithstanding IC 36-1-3-8(a), a city, town, or county may
615	615	41 establish speed limits on a street or highway upon which a school
616	616	42 is located if the street or highway is under the jurisdiction of the
617	617	2024 IN 1280—LS 6357/DI 137 15
618	618	1 city, town, or county, respectively, under IC 9-21-3.6.
619	619	2 (g) Except as provided in subsection (h), a person who exceeds a
620	620	3 speed limit established by a local authority under this section commits
621	621	4 a Class C infraction.
622	622	5 (h) A person who exceeds a speed limit that is established under
623	623	6 subsection (d) or (f) commits a Class B infraction.
624	624	7 SECTION 12. IC 9-21-12-1, AS AMENDED BY P.L.144-2019,
625	625	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
626	626	9 JULY 1, 2024]: Sec. 1. (a) A person who drives a vehicle that:
627	627	10 (1) meets or overtakes from any direction a school bus stopped on
628	628	11 a roadway or a private road and is not stopped before reaching the
629	629	12 school bus when the arm signal device specified in IC 9-21-12-13
630	630	13 is in the device's extended position; or
631	631	14 (2) proceeds before the arm signal device is no longer extended;
632	632	15 commits a Class A infraction.
633	633	16 (b) In addition to any other penalty imposed under this section, the
634	634	17 court may suspend the person's driving privileges:
635	635	18 (1) for ninety (90) days; or
636	636	19 (2) if the person has committed at least one (1) previous offense
637	637	20 under this section or IC 9-21-8-52(b), for one (1) year.
638	638	21 (c) This section is applicable only if the school bus is in substantial
639	639	22 compliance with the markings required by the state school bus
640	640	23 committee.
641	641	24 (d) There is a rebuttable presumption that the owner of the vehicle
642	642	25 involved in the violation of this section committed the violation. This
643	643	26 presumption does not apply to the owner of a vehicle involved in the
644	644	27 violation of this section if the owner routinely engages in the business
645	645	28 of renting the vehicle for periods of thirty (30) days or less.
646	646	29 (e) A violation of subsection (a) may be enforced under
647	647	30 IC 9-21-3.6.
648	648	31 SECTION 13. IC 9-30-3-14, AS AMENDED BY P.L.111-2021,
649	649	32 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
650	650	33 JULY 1, 2024]: Sec. 14. This section does not apply to a violation of
651	651	34 an ordinance adopted under IC 9-21-3.6. If a court convicts a person
652	652	35 for a moving traffic offense and the person is known or believed by the
653	653	36 court not to be the owner of the motor vehicle, the court shall, within
654	654	37 seven (7) days after entering the conviction, deposit with the United
655	655	38 States Postal Service, first class postage prepaid, notice addressed to
656	656	39 the owner of the motor vehicle giving the owner the following
657	657	40 information:
658	658	41 (1) The name and address of the person convicted.
659	659	42 (2) The name and address of the owner of the motor vehicle.
660	660	2024 IN 1280—LS 6357/DI 137 16
661	661	1 (3) The offense upon which the conviction was made.
662	662	2 (4) The date of arrest of the person convicted and the location of
663	663	3 the place of the offense.
664	664	4 (5) The license plate number of the motor vehicle.
665	665	5 (6) The driver's or chauffeur's license number of the person
666	666	6 convicted.
667	667	7 (7) The date of the conviction and the name of the court making
668	668	8 the conviction.
669	669	9 SECTION 14. IC 20-27-10-3.5 IS ADDED TO THE INDIANA
670	670	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
671	671	11 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. A school corporation may use
672	672	12 an automated traffic enforcement safety device on a school bus in
673	673	13 accordance with IC 9-21-3.6.
674	674	14 SECTION 15. IC 27-1-22-29 IS ADDED TO THE INDIANA
675	675	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
676	676	16 [EFFECTIVE JULY 1, 2024]: Sec. 29. (a) As used in this section,
677	677	17 "motor vehicle insurance" means any type of insurance described
678	678	18 in IC 27-1-5-1, Class 2(f).
679	679	19 (b) As used in this section, "rating plan" means the rating
680	680	20 schedule or rating plan of an insurer concerning premium rates for
681	681	21 motor vehicle insurance that has been filed with the commissioner
682	682	22 and is in effect under section 4 of this chapter.
683	683	23 (c) An insurer may not set the premium rate for a policy of
684	684	24 motor vehicle insurance for an individual who has committed a
685	685	25 violation under:
686	686	26 (1) IC 9-21-3.6; or
687	687	27 (2) IC 9-21-12-1(a) enforced under IC 9-21-3.6;
688	688	28 at an amount higher than the applicable rate set forth in the rating
689	689	29 plan due to the fact that the individual has committed a violation
690	690	30 of an ordinance adopted under IC 9-21-3.6, or of IC 9-21-12-1(a)
691	691	31 enforced under IC 9-21-3.6.
692	692	32 (d) A violation of this section is an unfair and deceptive act or
693	693	33 practice in the business of insurance under IC 27-4-1-4.
694	694	34 SECTION 16. IC 27-4-1-4, AS AMENDED BY P.L.56-2023,
695	695	35 SECTION 244, IS AMENDED TO READ AS FOLLOWS
696	696	36 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The following are hereby
697	697	37 defined as unfair methods of competition and unfair and deceptive acts
698	698	38 and practices in the business of insurance:
699	699	39 (1) Making, issuing, circulating, or causing to be made, issued, or
700	700	40 circulated, any estimate, illustration, circular, or statement:
701	701	41 (A) misrepresenting the terms of any policy issued or to be
702	702	42 issued or the benefits or advantages promised thereby or the
703	703	2024 IN 1280—LS 6357/DI 137 17
704	704	1 dividends or share of the surplus to be received thereon;
705	705	2 (B) making any false or misleading statement as to the
706	706	3 dividends or share of surplus previously paid on similar
707	707	4 policies;
708	708	5 (C) making any misleading representation or any
709	709	6 misrepresentation as to the financial condition of any insurer,
710	710	7 or as to the legal reserve system upon which any life insurer
711	711	8 operates;
712	712	9 (D) using any name or title of any policy or class of policies
713	713	10 misrepresenting the true nature thereof; or
714	714	11 (E) making any misrepresentation to any policyholder insured
715	715	12 in any company for the purpose of inducing or tending to
716	716	13 induce such policyholder to lapse, forfeit, or surrender the
717	717	14 policyholder's insurance.
718	718	15 (2) Making, publishing, disseminating, circulating, or placing
719	719	16 before the public, or causing, directly or indirectly, to be made,
720	720	17 published, disseminated, circulated, or placed before the public,
721	721	18 in a newspaper, magazine, or other publication, or in the form of
722	722	19 a notice, circular, pamphlet, letter, or poster, or over any radio or
723	723	20 television station, or in any other way, an advertisement,
724	724	21 announcement, or statement containing any assertion,
725	725	22 representation, or statement with respect to any person in the
726	726	23 conduct of the person's insurance business, which is untrue,
727	727	24 deceptive, or misleading.
728	728	25 (3) Making, publishing, disseminating, or circulating, directly or
729	729	26 indirectly, or aiding, abetting, or encouraging the making,
730	730	27 publishing, disseminating, or circulating of any oral or written
731	731	28 statement or any pamphlet, circular, article, or literature which is
732	732	29 false, or maliciously critical of or derogatory to the financial
733	733	30 condition of an insurer, and which is calculated to injure any
734	734	31 person engaged in the business of insurance.
735	735	32 (4) Entering into any agreement to commit, or individually or by
736	736	33 a concerted action committing any act of boycott, coercion, or
737	737	34 intimidation resulting or tending to result in unreasonable
738	738	35 restraint of, or a monopoly in, the business of insurance.
739	739	36 (5) Filing with any supervisory or other public official, or making,
740	740	37 publishing, disseminating, circulating, or delivering to any person,
741	741	38 or placing before the public, or causing directly or indirectly, to
742	742	39 be made, published, disseminated, circulated, delivered to any
743	743	40 person, or placed before the public, any false statement of
744	744	41 financial condition of an insurer with intent to deceive. Making
745	745	42 any false entry in any book, report, or statement of any insurer
746	746	2024 IN 1280—LS 6357/DI 137 18
747	747	1 with intent to deceive any agent or examiner lawfully appointed
748	748	2 to examine into its condition or into any of its affairs, or any
749	749	3 public official to which such insurer is required by law to report,
750	750	4 or which has authority by law to examine into its condition or into
751	751	5 any of its affairs, or, with like intent, willfully omitting to make a
752	752	6 true entry of any material fact pertaining to the business of such
753	753	7 insurer in any book, report, or statement of such insurer.
754	754	8 (6) Issuing or delivering or permitting agents, officers, or
755	755	9 employees to issue or deliver, agency company stock or other
756	756	10 capital stock, or benefit certificates or shares in any common law
757	757	11 corporation, or securities or any special or advisory board
758	758	12 contracts or other contracts of any kind promising returns and
759	759	13 profits as an inducement to insurance.
760	760	14 (7) Making or permitting any of the following:
761	761	15 (A) Unfair discrimination between individuals of the same
762	762	16 class and equal expectation of life in the rates or assessments
763	763	17 charged for any contract of life insurance or of life annuity or
764	764	18 in the dividends or other benefits payable thereon, or in any
765	765	19 other of the terms and conditions of such contract. However,
766	766	20 in determining the class, consideration may be given to the
767	767	21 nature of the risk, plan of insurance, the actual or expected
768	768	22 expense of conducting the business, or any other relevant
769	769	23 factor.
770	770	24 (B) Unfair discrimination between individuals of the same
771	771	25 class involving essentially the same hazards in the amount of
772	772	26 premium, policy fees, assessments, or rates charged or made
773	773	27 for any policy or contract of accident or health insurance or in
774	774	28 the benefits payable thereunder, or in any of the terms or
775	775	29 conditions of such contract, or in any other manner whatever.
776	776	30 However, in determining the class, consideration may be given
777	777	31 to the nature of the risk, the plan of insurance, the actual or
778	778	32 expected expense of conducting the business, or any other
779	779	33 relevant factor.
780	780	34 (C) Excessive or inadequate charges for premiums, policy
781	781	35 fees, assessments, or rates, or making or permitting any unfair
782	782	36 discrimination between persons of the same class involving
783	783	37 essentially the same hazards, in the amount of premiums,
784	784	38 policy fees, assessments, or rates charged or made for:
785	785	39 (i) policies or contracts of reinsurance or joint reinsurance,
786	786	40 or abstract and title insurance;
787	787	41 (ii) policies or contracts of insurance against loss or damage
788	788	42 to aircraft, or against liability arising out of the ownership,
789	789	2024 IN 1280—LS 6357/DI 137 19
790	790	1 maintenance, or use of any aircraft, or of vessels or craft,
791	791	2 their cargoes, marine builders' risks, marine protection and
792	792	3 indemnity, or other risks commonly insured under marine,
793	793	4 as distinguished from inland marine, insurance; or
794	794	5 (iii) policies or contracts of any other kind or kinds of
795	795	6 insurance whatsoever.
796	796	7 However, nothing contained in clause (C) shall be construed to
797	797	8 apply to any of the kinds of insurance referred to in clauses (A)
798	798	9 and (B) nor to reinsurance in relation to such kinds of insurance.
799	799	10 Nothing in clause (A), (B), or (C) shall be construed as making or
800	800	11 permitting any excessive, inadequate, or unfairly discriminatory
801	801	12 charge or rate or any charge or rate determined by the department
802	802	13 or commissioner to meet the requirements of any other insurance
803	803	14 rate regulatory law of this state.
804	804	15 (8) Except as otherwise expressly provided by IC 27-1-47 or
805	805	16 another law, knowingly permitting or offering to make or making
806	806	17 any contract or policy of insurance of any kind or kinds
807	807	18 whatsoever, including but not in limitation, life annuities, or
808	808	19 agreement as to such contract or policy other than as plainly
809	809	20 expressed in such contract or policy issued thereon, or paying or
810	810	21 allowing, or giving or offering to pay, allow, or give, directly or
811	811	22 indirectly, as inducement to such insurance, or annuity, any rebate
812	812	23 of premiums payable on the contract, or any special favor or
813	813	24 advantage in the dividends, savings, or other benefits thereon, or
814	814	25 any valuable consideration or inducement whatever not specified
815	815	26 in the contract or policy; or giving, or selling, or purchasing or
816	816	27 offering to give, sell, or purchase as inducement to such insurance
817	817	28 or annuity or in connection therewith, any stocks, bonds, or other
818	818	29 securities of any insurance company or other corporation,
819	819	30 association, limited liability company, or partnership, or any
820	820	31 dividends, savings, or profits accrued thereon, or anything of
821	821	32 value whatsoever not specified in the contract. Nothing in this
822	822	33 subdivision and subdivision (7) shall be construed as including
823	823	34 within the definition of discrimination or rebates any of the
824	824	35 following practices:
825	825	36 (A) Paying bonuses to policyholders or otherwise abating their
826	826	37 premiums in whole or in part out of surplus accumulated from
827	827	38 nonparticipating insurance, so long as any such bonuses or
828	828	39 abatement of premiums are fair and equitable to policyholders
829	829	40 and for the best interests of the company and its policyholders.
830	830	41 (B) In the case of life insurance policies issued on the
831	831	42 industrial debit plan, making allowance to policyholders who
832	832	2024 IN 1280—LS 6357/DI 137 20
833	833	1 have continuously for a specified period made premium
834	834	2 payments directly to an office of the insurer in an amount
835	835	3 which fairly represents the saving in collection expense.
836	836	4 (C) Readjustment of the rate of premium for a group insurance
837	837	5 policy based on the loss or expense experience thereunder, at
838	838	6 the end of the first year or of any subsequent year of insurance
839	839	7 thereunder, which may be made retroactive only for such
840	840	8 policy year.
841	841	9 (D) Paying by an insurer or insurance producer thereof duly
842	842	10 licensed as such under the laws of this state of money,
843	843	11 commission, or brokerage, or giving or allowing by an insurer
844	844	12 or such licensed insurance producer thereof anything of value,
845	845	13 for or on account of the solicitation or negotiation of policies
846	846	14 or other contracts of any kind or kinds, to a broker, an
847	847	15 insurance producer, or a solicitor duly licensed under the laws
848	848	16 of this state, but such broker, insurance producer, or solicitor
849	849	17 receiving such consideration shall not pay, give, or allow
850	850	18 credit for such consideration as received in whole or in part,
851	851	19 directly or indirectly, to the insured by way of rebate.
852	852	20 (9) Requiring, as a condition precedent to loaning money upon the
853	853	21 security of a mortgage upon real property, that the owner of the
854	854	22 property to whom the money is to be loaned negotiate any policy
855	855	23 of insurance covering such real property through a particular
856	856	24 insurance producer or broker or brokers. However, this
857	857	25 subdivision shall not prevent the exercise by any lender of the
858	858	26 lender's right to approve or disapprove of the insurance company
859	859	27 selected by the borrower to underwrite the insurance.
860	860	28 (10) Entering into any contract, combination in the form of a trust
861	861	29 or otherwise, or conspiracy in restraint of commerce in the
862	862	30 business of insurance.
863	863	31 (11) Monopolizing or attempting to monopolize or combining or
864	864	32 conspiring with any other person or persons to monopolize any
865	865	33 part of commerce in the business of insurance. However,
866	866	34 participation as a member, director, or officer in the activities of
867	867	35 any nonprofit organization of insurance producers or other
868	868	36 workers in the insurance business shall not be interpreted, in
869	869	37 itself, to constitute a combination in restraint of trade or as
870	870	38 combining to create a monopoly as provided in this subdivision
871	871	39 and subdivision (10). The enumeration in this chapter of specific
872	872	40 unfair methods of competition and unfair or deceptive acts and
873	873	41 practices in the business of insurance is not exclusive or
874	874	42 restrictive or intended to limit the powers of the commissioner or
875	875	2024 IN 1280—LS 6357/DI 137 21
876	876	1 department or of any court of review under section 8 of this
877	877	2 chapter.
878	878	3 (12) Requiring as a condition precedent to the sale of real or
879	879	4 personal property under any contract of sale, conditional sales
880	880	5 contract, or other similar instrument or upon the security of a
881	881	6 chattel mortgage, that the buyer of such property negotiate any
882	882	7 policy of insurance covering such property through a particular
883	883	8 insurance company, insurance producer, or broker or brokers.
884	884	9 However, this subdivision shall not prevent the exercise by any
885	885	10 seller of such property or the one making a loan thereon of the
886	886	11 right to approve or disapprove of the insurance company selected
887	887	12 by the buyer to underwrite the insurance.
888	888	13 (13) Issuing, offering, or participating in a plan to issue or offer,
889	889	14 any policy or certificate of insurance of any kind or character as
890	890	15 an inducement to the purchase of any property, real, personal, or
891	891	16 mixed, or services of any kind, where a charge to the insured is
892	892	17 not made for and on account of such policy or certificate of
893	893	18 insurance. However, this subdivision shall not apply to any of the
894	894	19 following:
895	895	20 (A) Insurance issued to credit unions or members of credit
896	896	21 unions in connection with the purchase of shares in such credit
897	897	22 unions.
898	898	23 (B) Insurance employed as a means of guaranteeing the
899	899	24 performance of goods and designed to benefit the purchasers
900	900	25 or users of such goods.
901	901	26 (C) Title insurance.
902	902	27 (D) Insurance written in connection with an indebtedness and
903	903	28 intended as a means of repaying such indebtedness in the
904	904	29 event of the death or disability of the insured.
905	905	30 (E) Insurance provided by or through motorists service clubs
906	906	31 or associations.
907	907	32 (F) Insurance that is provided to the purchaser or holder of an
908	908	33 air transportation ticket and that:
909	909	34 (i) insures against death or nonfatal injury that occurs during
910	910	35 the flight to which the ticket relates;
911	911	36 (ii) insures against personal injury or property damage that
912	912	37 occurs during travel to or from the airport in a common
913	913	38 carrier immediately before or after the flight;
914	914	39 (iii) insures against baggage loss during the flight to which
915	915	40 the ticket relates; or
916	916	41 (iv) insures against a flight cancellation to which the ticket
917	917	42 relates.
918	918	2024 IN 1280—LS 6357/DI 137 22
919	919	1 (14) Refusing, because of the for-profit status of a hospital or
920	920	2 medical facility, to make payments otherwise required to be made
921	921	3 under a contract or policy of insurance for charges incurred by an
922	922	4 insured in such a for-profit hospital or other for-profit medical
923	923	5 facility licensed by the Indiana department of health.
924	924	6 (15) Refusing to insure an individual, refusing to continue to issue
925	925	7 insurance to an individual, limiting the amount, extent, or kind of
926	926	8 coverage available to an individual, or charging an individual a
927	927	9 different rate for the same coverage, solely because of that
928	928	10 individual's blindness or partial blindness, except where the
929	929	11 refusal, limitation, or rate differential is based on sound actuarial
930	930	12 principles or is related to actual or reasonably anticipated
931	931	13 experience.
932	932	14 (16) Committing or performing, with such frequency as to
933	933	15 indicate a general practice, unfair claim settlement practices (as
934	934	16 defined in section 4.5 of this chapter).
935	935	17 (17) Between policy renewal dates, unilaterally canceling an
936	936	18 individual's coverage under an individual or group health
937	937	19 insurance policy solely because of the individual's medical or
938	938	20 physical condition.
939	939	21 (18) Using a policy form or rider that would permit a cancellation
940	940	22 of coverage as described in subdivision (17).
941	941	23 (19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1
942	942	24 concerning motor vehicle insurance rates.
943	943	25 (20) Violating IC 27-8-21-2 concerning advertisements referring
944	944	26 to interest rate guarantees.
945	945	27 (21) Violating IC 27-8-24.3 concerning insurance and health plan
946	946	28 coverage for victims of abuse.
947	947	29 (22) Violating IC 27-8-26 concerning genetic screening or testing.
948	948	30 (23) Violating IC 27-1-15.6-3(b) concerning licensure of
949	949	31 insurance producers.
950	950	32 (24) Violating IC 27-1-38 concerning depository institutions.
951	951	33 (25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
952	952	34 the resolution of an appealed grievance decision.
953	953	35 (26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
954	954	36 July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1,
955	955	37 2007, and repealed).
956	956	38 (27) Violating IC 27-2-21 concerning use of credit information.
957	957	39 (28) Violating IC 27-4-9-3 concerning recommendations to
958	958	40 consumers.
959	959	41 (29) Engaging in dishonest or predatory insurance practices in
960	960	42 marketing or sales of insurance to members of the United States
961	961	2024 IN 1280—LS 6357/DI 137 23
962	962	1 Armed Forces as:
963	963	2 (A) described in the federal Military Personnel Financial
964	964	3 Services Protection Act, P.L.109-290; or
965	965	4 (B) defined in rules adopted under subsection (b).
966	966	5 (30) Violating IC 27-8-19.8-20.1 concerning stranger originated
967	967	6 life insurance.
968	968	7 (31) Violating IC 27-2-22 concerning retained asset accounts.
969	969	8 (32) Violating IC 27-8-5-29 concerning health plans offered
970	970	9 through a health benefit exchange (as defined in IC 27-19-2-8).
971	971	10 (33) Violating a requirement of the federal Patient Protection and
972	972	11 Affordable Care Act (P.L. 111-148), as amended by the federal
973	973	12 Health Care and Education Reconciliation Act of 2010 (P.L.
974	974	13 111-152), that is enforceable by the state.
975	975	14 (34) After June 30, 2015, violating IC 27-2-23 concerning
976	976	15 unclaimed life insurance, annuity, or retained asset account
977	977	16 benefits.
978	978	17 (35) Willfully violating IC 27-1-12-46 concerning a life insurance
979	979	18 policy or certificate described in IC 27-1-12-46(a).
980	980	19 (36) Violating IC 27-1-37-7 concerning prohibiting the disclosure
981	981	20 of health care service claims data.
982	982	21 (37) Violating IC 27-4-10-10 concerning virtual claims payments.
983	983	22 (38) Violating IC 27-1-24.5 concerning pharmacy benefit
984	984	23 managers.
985	985	24 (39) Violating IC 27-7-17-16 or IC 27-7-17-17 concerning the
986	986	25 marketing of travel insurance policies.
987	987	26 (40) Violating IC 27-1-22-29 concerning the premium rate for
988	988	27 a policy of motor vehicle insurance if an individual has
989	989	28 committed a violation under IC 9-21-3.6 or enforced under
990	990	29 IC 9-21-3.6.
991	991	30 (b) Except with respect to federal insurance programs under
992	992	31 Subchapter III of Chapter 19 of Title 38 of the United States Code, the
993	993	32 commissioner may, consistent with the federal Military Personnel
994	994	33 Financial Services Protection Act (10 U.S.C. 992 note), adopt rules
995	995	34 under IC 4-22-2 to:
996	996	35 (1) define; and
997	997	36 (2) while the members are on a United States military installation
998	998	37 or elsewhere in Indiana, protect members of the United States
999	999	38 Armed Forces from;
1000	1000	39 dishonest or predatory insurance practices.
1001	1001	40 SECTION 17. IC 34-6-2-85 IS AMENDED TO READ AS
1002	1002	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 85. "Moving traffic
1003	1003	42 violation", for purposes of IC 34-28-5, means a violation of:
1004	1004	2024 IN 1280—LS 6357/DI 137 24
1005	1005	1 (1) a statute defining an infraction; or
1006	1006	2 (2) an ordinance, other than a violation under IC 9-21-3.6;
1007	1007	3 that applies when a motor vehicle is in motion.
1008	1008	4 SECTION 18. IC 34-28-5-5, AS AMENDED BY P.L.19-2023,
1009	1009	5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1010	1010	6 JULY 1, 2024]: Sec. 5. (a) A defendant against whom a judgment is
1011	1011	7 entered is liable for costs. Costs are part of the judgment and may not
1012	1012	8 be suspended except under IC 9-30-3-12. Whenever a judgment is
1013	1013	9 entered against a person for the commission of two (2) or more civil
1014	1014	10 violations (infractions or ordinance violations), the court may waive the
1015	1015	11 person's liability for costs for all but one (1) of the violations. This
1016	1016	12 subsection does not apply to judgments entered for violations
1017	1017	13 constituting:
1018	1018	14 (1) Class D infractions; or
1019	1019	15 (2) Class C infractions for unlawfully parking in a space reserved
1020	1020	16 for a person with a physical disability under IC 5-16-9-5 or
1021	1021	17 IC 5-16-9-8.
1022	1022	18 (b) If a judgment is entered:
1023	1023	19 (1) for a violation constituting:
1024	1024	20 (A) a Class D infraction; or
1025	1025	21 (B) a Class C infraction for unlawfully parking in a space
1026	1026	22 reserved for a person with a physical disability under
1027	1027	23 IC 5-16-9-5 or IC 5-16-9-8; or
1028	1028	24 (2) in favor of the defendant in any case;
1029	1029	25 the defendant is not liable for costs.
1030	1030	26 (c) Except for costs, and except as provided in subsections (e), and
1031	1031	27 (f), and (g), and IC 9-21-5-11(e), the funds collected as judgments for
1032	1032	28 violations of statutes defining infractions shall be deposited in the state
1033	1033	29 general fund.
1034	1034	30 (d) A judgment may be entered against a defendant under this
1035	1035	31 section or section 4 of this chapter upon a finding by the court that the
1036	1036	32 defendant:
1037	1037	33 (1) violated:
1038	1038	34 (A) a statute defining an infraction; or
1039	1039	35 (B) an ordinance; or
1040	1040	36 (2) consents to entry of judgment for the plaintiff upon a pleading
1041	1041	37 of nolo contendere for a moving traffic violation.
1042	1042	38 (e) The funds collected for an infraction judgment described in
1043	1043	39 section 4(h) of this chapter shall be transferred to a dedicated county
1044	1044	40 fund. The money in the dedicated county fund does not revert to the
1045	1045	41 county general fund or state general fund and may be used, after
1046	1046	42 appropriation by the county fiscal body, only for the following
1047	1047	2024 IN 1280—LS 6357/DI 137 25
1048	1048	1 purposes:
1049	1049	2 (1) To pay compensation of commissioners appointed under
1050	1050	3 IC 33-33-49.
1051	1051	4 (2) To pay costs of the county's guardian ad litem program.
1052	1052	5 (f) The funds collected for an infraction judgment described in
1053	1053	6 section 4(i) of this chapter shall be transferred to a dedicated toll
1054	1054	7 revenue fund created as part of a project under IC 8-15.5-1-2(b)(3).
1055	1055	8 The money in the fund does not revert to the county general fund or
1056	1056	9 state general fund and may be used only to pay the cost of operating,
1057	1057	10 maintaining, and repairing the tolling system for a project under
1058	1058	11 IC 8-15.5-1-2(b)(3), including major repairs, replacements, and
1059	1059	12 improvements.
1060	1060	13 (g) This subsection applies only to a violation of IC 9-21-12-1
1061	1061	14 that is enforced through IC 9-21-3.6. Notwithstanding subsection
1062	1062	15 (c), a civil penalty collected for a violation of IC 9-21-12-1 as a
1063	1063	16 judgment against a person to whom this subsection applies shall be
1064	1064	17 transferred in accordance with IC 9-21-3.6. To the extent a person
1065	1065	18 to whom this subsection applies is liable for costs for a violation of
1066	1066	19 IC 9-21-12-1, the costs may be deducted only from the judgment
1067	1067	20 and may not cause the person to be liable for an amount greater
1068	1068	21 than the civil penalty under IC 9-21-3.6.
1069	1069	22 SECTION 19. IC 36-1-6-3 IS AMENDED TO READ AS
1070	1070	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Certain
1071	1071	24 ordinances may be enforced by a municipal corporation without
1072	1072	25 proceeding in court through:
1073	1073	26 (1) an admission of violation before the violations clerk under
1074	1074	27 IC 33-36; or
1075	1075	28 (2) administrative enforcement under section 9 of this chapter.
1076	1076	29 (b) Except as provided in subsection (a), a proceeding to enforce an
1077	1077	30 ordinance must be brought in accordance with IC 34-28-5, section 4 of
1078	1078	31 this chapter, or both.
1079	1079	32 (c) An ordinance defining a moving traffic violation may not be
1080	1080	33 enforced under IC 33-36 and must be enforced in accordance with
1081	1081	34 IC 34-28-5.
1082	1082	35 (d) An ordinance adopted under IC 9-21-3.6 may be enforced
1083	1083	36 under IC 33-36 or IC 34-28-5.
1084	1084	2024 IN 1280—LS 6357/DI 137