9 | | - | Synopsis: School bus stop arm violation notification. Provides that |
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10 | | - | when an individual registers a vehicle, the bureau of motor vehicles |
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11 | | - | shall provide notice that a person who operates a vehicle and who |
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12 | | - | recklessly passes a school bus stopped on a roadway or a private road |
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13 | | - | when the arm signal device is in the device's extended position |
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14 | | - | commits a Class A misdemeanor. |
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| 8 | + | Synopsis: School bus stop arm violation enforcement. Provides that |
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| 9 | + | the registered owner of a vehicle commits an infraction if the registered |
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| 10 | + | owner's vehicle does not stop on a roadway or a private road when the |
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| 11 | + | school bus arm signal device is in the device's extended position. |
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| 12 | + | Provides a defense for a registered owner who was not driving the |
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| 13 | + | vehicle at the time of the violation. Requires a registered owner who |
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| 14 | + | uses a defense to provide any documentation, and to cooperate with law |
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| 15 | + | enforcement in the investigation of the person who may be responsible |
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| 16 | + | for the violation. Specifies that: (1) the bureau of motor vehicles may |
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| 17 | + | not assess points for a violation; and (2) an adjudication for a violation |
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| 18 | + | does not create a presumption of liability in a civil action. |
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15 | 19 | | Effective: July 1, 2024. |
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16 | 20 | | Niemeyer, Buck, Dernulc, Ford J.D., |
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17 | 21 | | Niezgodski |
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18 | 22 | | (HOUSE SPONSORS — SLAGER, ANDRADE, ABBOTT, GORE) |
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19 | 23 | | January 8, 2024, read first time and referred to Committee on Homeland Security and |
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20 | 24 | | Transportation. |
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21 | 25 | | January 9, 2024, reported favorably — Do Pass. |
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22 | 26 | | January 16, 2024, read second time, ordered engrossed. Engrossed. |
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23 | 27 | | January 18, 2024, read third time, passed. Yeas 33, nays 12. |
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24 | 28 | | HOUSE ACTION |
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25 | 29 | | February 6, 2024, read first time and referred to Committee on Roads and Transportation. |
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26 | 30 | | February 27, 2024, amended, reported — Do Pass. |
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30 | 32 | | Second Regular Session of the 123rd General Assembly (2024) |
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31 | 33 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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32 | 34 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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33 | 35 | | additions will appear in this style type, and deletions will appear in this style type. |
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34 | 36 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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35 | 37 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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36 | 38 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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37 | 39 | | a new provision to the Indiana Code or the Indiana Constitution. |
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38 | 40 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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39 | 41 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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40 | 42 | | ENGROSSED |
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41 | 43 | | SENATE BILL No. 30 |
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42 | 44 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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43 | 45 | | motor vehicles. |
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44 | 46 | | Be it enacted by the General Assembly of the State of Indiana: |
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45 | 47 | | 1 SECTION 1. IC 9-21-8-52.5 IS ADDED TO THE INDIANA CODE |
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46 | 48 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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47 | | - | 3 1, 2024]: Sec. 52.5. When an individual registers a vehicle, the |
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48 | | - | 4 bureau shall provide notice that a person who operates a vehicle |
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49 | | - | 5 and who recklessly passes a school bus stopped on a roadway or a |
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50 | | - | 6 private road when the arm signal device specified in IC 9-21-12-13 |
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51 | | - | 7 is in the device's extended position commits a Class A misdemeanor |
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52 | | - | 8 under section 52(b) of this chapter. |
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| 49 | + | 3 1, 2024]: Sec. 52.5. (a) The registered owner of a vehicle used to |
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| 50 | + | 4 pass a school bus stopped on a roadway or a private road when the |
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| 51 | + | 5 arm signal device specified in IC 9-21-12-13 is in the device's |
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| 52 | + | 6 extended position commits a Class B infraction. |
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| 53 | + | 7 (b) Except as provided in subsection (c), it is a defense to an |
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| 54 | + | 8 action under subsection (a) that the: |
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| 55 | + | 9 (1) vehicle was stolen from the registered owner and not in the |
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| 56 | + | 10 registered owner's possession at the time of the violation; |
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| 57 | + | 11 (2) registered owner of the vehicle routinely engages in the |
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| 58 | + | 12 business of renting the vehicle for periods of not more than |
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| 59 | + | 13 thirty (30) days; |
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| 60 | + | 14 (3) registered owner of the vehicle is an employer who |
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| 61 | + | 15 provided the vehicle for use by an employee in the scope of |
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| 62 | + | 16 employment; or |
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| 63 | + | 17 (4) registered owner could not have committed the violation |
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| 65 | + | 1 because the registered owner was not in close proximity to the |
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| 66 | + | 2 location of the violation at the time of the violation. |
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| 67 | + | 3 (c) The registered owner of a vehicle who commits a violation |
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| 68 | + | 4 under subsection (a) may not assert the defense under subsection |
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| 69 | + | 5 (b), unless the registered owner does the following, as applicable: |
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| 70 | + | 6 (1) Provide any documentation regarding: |
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| 71 | + | 7 (A) a theft under subsection (b)(1) by presenting a police |
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| 72 | + | 8 report; or |
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| 73 | + | 9 (B) the location of the registered owner at the time of the |
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| 74 | + | 10 violation to establish that the registered owner was not in |
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| 75 | + | 11 close proximity to the location where the violation |
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| 76 | + | 12 occurred under subsection (b)(4). |
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| 77 | + | 13 (2) Provide all of the information available to the registered |
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| 78 | + | 14 owner regarding the person who may be responsible for the |
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| 79 | + | 15 violation. |
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| 80 | + | 16 (3) Fully cooperate with law enforcement in the investigation. |
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| 81 | + | 17 (d) The bureau may not assess points under the point system for |
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| 82 | + | 18 an infraction committed under subsection (a). |
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| 83 | + | 19 (e) An adjudication for an infraction committed under |
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| 84 | + | 20 subsection (a) does not create a presumption of liability in a civil |
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| 85 | + | 21 action. |
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| 86 | + | ES 30—LS 6023/DI 151 3 |
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54 | 87 | | COMMITTEE REPORT |
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55 | 88 | | Madam President: The Senate Committee on Homeland Security |
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56 | 89 | | and Transportation, to which was referred Senate Bill No. 30, has had |
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57 | 90 | | the same under consideration and begs leave to report the same back |
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58 | 91 | | to the Senate with the recommendation that said bill DO PASS. |
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59 | 92 | | (Reference is to SB 30 as introduced.) |
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60 | 93 | | |
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61 | 94 | | CRIDER, Chairperson |
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62 | 95 | | Committee Vote: Yeas 8, Nays 0 |
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63 | 96 | | _____ |
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64 | 97 | | COMMITTEE REPORT |
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65 | 98 | | Mr. Speaker: Your Committee on Roads and Transportation, to |
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66 | 99 | | which was referred Senate Bill 30, has had the same under |
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67 | 100 | | consideration and begs leave to report the same back to the House with |
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68 | 101 | | the recommendation that said bill be amended as follows: |
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69 | 102 | | Page 2, line 16, delete "investigation," and insert "investigation.". |
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70 | 103 | | Page 2, delete lines 17 through 18. |
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71 | 104 | | and when so amended that said bill do pass. |
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72 | 105 | | (Reference is to SB 30 as printed January 10, 2024.) |
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73 | 106 | | PRESSEL |
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74 | 107 | | Committee Vote: yeas 12, nays 1. |
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75 | | - | _____ |
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76 | | - | HOUSE MOTION |
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77 | | - | Mr. Speaker: I move that Engrossed Senate Bill 30 be amended to |
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78 | | - | read as follows: |
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79 | | - | Page 1, line 3, delete "(a) The registered owner of a vehicle used to" |
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80 | | - | and insert "When an individual registers a vehicle, the bureau shall |
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81 | | - | provide notice that a person who operates a vehicle and who |
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82 | | - | recklessly passes". |
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83 | | - | Page 1, line 4, delete "pass". |
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84 | | - | Page 1, line 6, delete "B infraction." and insert "A misdemeanor |
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85 | | - | under section 52(b) of this chapter.". |
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86 | | - | ES 30—LS 6023/DI 151 3 |
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87 | | - | Page 1, delete lines 7 through 17. |
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88 | | - | Delete page 2. |
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89 | | - | (Reference is to ESB 30 as printed February 27, 2024.) |
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90 | | - | MELTZER |
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