Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0030 Comm Sub / Bill

Filed 02/27/2024

                    *ES0030.1*
February 27, 2024
ENGROSSED
SENATE BILL No. 30
_____
DIGEST OF SB 30 (Updated February 27, 2024 12:21 pm - DI 137)
Citations Affected:  IC 9-21.
Synopsis:  School bus stop arm violation enforcement. Provides that
the registered owner of a vehicle commits an infraction if the registered
owner's vehicle does not stop on a roadway or a private road when the
school bus arm signal device is in the device's extended position.
Provides a defense for a registered owner who was not driving the
vehicle at the time of the violation. Requires a registered owner who
uses a defense to provide any documentation, and to cooperate with law
enforcement in the investigation of the person who may be responsible
for the violation. Specifies that: (1) the bureau of motor vehicles may
not assess points for a violation; and (2) an adjudication for a violation
does not create a presumption of liability in a civil action.
Effective:  July 1, 2024.
Niemeyer, Buck, Dernulc, Ford J.D.,
Niezgodski
(HOUSE SPONSORS — SLAGER, ANDRADE, ABBOTT, GORE)
January 8, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
January 9, 2024, reported favorably — Do Pass.
January 16, 2024, read second time, ordered engrossed. Engrossed.
January 18, 2024, read third time, passed. Yeas 33, nays 12.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Roads and Transportation.
February 27, 2024, amended, reported — Do Pass.
ES 30—LS 6023/DI 151  February 27, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 30
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:
1 SECTION 1. IC 9-21-8-52.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 52.5. (a) The registered owner of a vehicle used to
4 pass a school bus stopped on a roadway or a private road when the
5 arm signal device specified in IC 9-21-12-13 is in the device's
6 extended position commits a Class B infraction.
7 (b) Except as provided in subsection (c), it is a defense to an
8 action under subsection (a) that the:
9 (1) vehicle was stolen from the registered owner and not in the
10 registered owner's possession at the time of the violation;
11 (2) registered owner of the vehicle routinely engages in the
12 business of renting the vehicle for periods of not more than
13 thirty (30) days;
14 (3) registered owner of the vehicle is an employer who
15 provided the vehicle for use by an employee in the scope of
16 employment; or
17 (4) registered owner could not have committed the violation
ES 30—LS 6023/DI 151 2
1 because the registered owner was not in close proximity to the
2 location of the violation at the time of the violation.
3 (c) The registered owner of a vehicle who commits a violation
4 under subsection (a) may not assert the defense under subsection
5 (b), unless the registered owner does the following, as applicable:
6 (1) Provide any documentation regarding:
7 (A) a theft under subsection (b)(1) by presenting a police
8 report; or
9 (B) the location of the registered owner at the time of the
10 violation to establish that the registered owner was not in
11 close proximity to the location where the violation
12 occurred under subsection (b)(4).
13 (2) Provide all of the information available to the registered
14 owner regarding the person who may be responsible for the
15 violation.
16 (3) Fully cooperate with law enforcement in the investigation.
17 (d) The bureau may not assess points under the point system for
18 an infraction committed under subsection (a).
19 (e) An adjudication for an infraction committed under
20 subsection (a) does not create a presumption of liability in a civil
21 action.
ES 30—LS 6023/DI 151 3
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 30, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill DO PASS.
 (Reference is to SB 30 as introduced.)
           
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred Senate Bill 30, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, line 16, delete "investigation," and insert "investigation.".
Page 2, delete lines 17 through 18.
and when so amended that said bill do pass.
(Reference is to SB 30 as printed January 10, 2024.)
PRESSEL
Committee Vote: yeas 12, nays 1.
ES 30—LS 6023/DI 151