Indiana 2024 Regular Session

Indiana Senate Bill SB0244 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 244
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-13-2; IC 9-14-13-7; IC 9-21; IC 9-30-3-14;
7	7	IC 34-6-2-85; IC 36-1-6-3.
8	8	Synopsis: Speed control in school zones. Authorizes a county or
9	9	municipality to adopt and enforce an ordinance that regulates the use
10	10	of a school zone speed control system (system) to detect certain
11	11	violations. Provides a civil penalty for a violation. Specifies that a civil
12	12	penalty must first be applied to defray the cost of the installation,
13	13	operation, and maintenance of the system. Specifies the manner in
14	14	which the remaining money from the civil penalty must be distributed.
15	15	Requires a county or municipality to report data to the interim study
16	16	committee on roads and transportation. Makes conforming changes.
17	17	Effective: July 1, 2024.
18	18	Hunley
19	19	January 10, 2024, read first time and referred to Committee on Homeland Security and
20	20	Transportation.
21	21	2024 IN 244—LS 6809/DI 151 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	SENATE BILL No. 244
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	motor vehicles.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 9-13-2-2.1 IS ADDED TO THE INDIANA CODE
37	37	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38	38	3 1, 2024]: Sec. 2.1. "Agent", for purposes of IC 9-21-23, has the
39	39	4 meaning set forth in IC 9-21-23-1.
40	40	5 SECTION 2. IC 9-13-2-110.7 IS ADDED TO THE INDIANA
41	41	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
42	42	7 [EFFECTIVE JULY 1, 2024]: Sec. 110.7. "Municipality", for
43	43	8 purposes of IC 9-21-23, has the meaning set forth in IC 36-1-2-11.
44	44	9 SECTION 3. IC 9-13-2-121, AS AMENDED BY P.L.164-2020,
45	45	10 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	11 JULY 1, 2024]: Sec. 121. (a) Except as otherwise provided in
47	47	12 subsection subsections (b) and (c), "owner" means a person, other than
48	48	13 a lienholder, that:
49	49	14 (1) holds the property in or title to, as applicable, a vehicle,
50	50	15 manufactured home, mobile home, off-road vehicle, snowmobile,
51	51	16 or watercraft; or
52	52	17 (2) is entitled to the use or possession of, as applicable, a vehicle,
53	53	2024 IN 244—LS 6809/DI 151 2
54	54	1 manufactured home, off-road vehicle, snowmobile, or watercraft,
55	55	2 through a lease or other agreement intended to operate as a
56	56	3 security.
57	57	4 (b) "Owner" for purposes of IC 9-18.1-14.5, has the meaning set
58	58	5 forth in 33 CFR 174.3.
59	59	6 (c) "Owner", for purposes of IC 9-21-23, has the meaning set
60	60	7 forth in IC 9-21-23-5.
61	61	8 SECTION 4. IC 9-13-2-161.6 IS ADDED TO THE INDIANA
62	62	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
63	63	10 [EFFECTIVE JULY 1, 2024]: Sec. 161.6. "School zone speed control
64	64	11 system", for purposes of IC 9-21-23, has the meaning set forth in
65	65	12 IC 9-21-23-6.
66	66	13 SECTION 5. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
67	67	14 SECTION 193, IS AMENDED TO READ AS FOLLOWS
68	68	15 [EFFECTIVE JULY 1, 2024]: Sec. 7. The bureau may disclose certain
69	69	16 personal information that is not highly restricted personal information
70	70	17 if the person requesting the information provides proof of identity and
71	71	18 represents that the use of the personal information will be strictly
72	72	19 limited to at least one (1) of the following:
73	73	20 (1) For use by a government agency, including a court or law
74	74	21 enforcement agency, in carrying out its functions, or a person
75	75	22 acting on behalf of a government agency in carrying out its
76	76	23 functions, including an agent in carrying out its
77	77	24 responsibilities under IC 9-21-23.
78	78	25 (2) For use in connection with matters concerning:
79	79	26 (A) motor vehicle or driver safety and theft;
80	80	27 (B) motor vehicle emissions;
81	81	28 (C) motor vehicle product alterations, recalls, or advisories;
82	82	29 (D) performance monitoring of motor vehicles, motor vehicle
83	83	30 parts, and dealers;
84	84	31 (E) motor vehicle market research activities, including survey
85	85	32 research;
86	86	33 (F) the removal of nonowner records from the original owner
87	87	34 records of motor vehicle manufacturers; and
88	88	35 (G) motor fuel theft under IC 24-4.6-5.
89	89	36 (3) For use in the normal course of business by a business or its
90	90	37 agents, employees, or contractors, but only:
91	91	38 (A) to verify the accuracy of personal information submitted
92	92	39 by an individual to the business or its agents, employees, or
93	93	40 contractors; and
94	94	41 (B) if information submitted to a business is not correct or is
95	95	42 no longer correct, to obtain the correct information only for
96	96	2024 IN 244—LS 6809/DI 151 3
97	97	1 purposes of preventing fraud by pursuing legal remedies
98	98	2 against, or recovering on a debt or security interest against, the
99	99	3 individual.
100	100	4 (4) For use in connection with a civil, a criminal, an
101	101	5 administrative, or an arbitration proceeding in a court or
102	102	6 government agency or before a self-regulatory body, including the
103	103	7 service of process, investigation in anticipation of litigation, and
104	104	8 the execution or enforcement of judgments and orders, or under
105	105	9 an order of a court.
106	106	10 (5) For use in research activities, and for use in producing
107	107	11 statistical reports, as long as the personal information is not
108	108	12 published, redisclosed, or used to contact the individuals who are
109	109	13 the subject of the personal information.
110	110	14 (6) For use by an insurer, an insurance support organization, or a
111	111	15 self-insured entity, or the agents, employees, or contractors of an
112	112	16 insurer, an insurance support organization, or a self-insured entity
113	113	17 in connection with claims investigation activities, anti-fraud
114	114	18 activities, rating, or underwriting.
115	115	19 (7) For use in providing notice to the owners of towed or
116	116	20 impounded vehicles.
117	117	21 (8) For use by a licensed private investigative agency or licensed
118	118	22 security service for a purpose allowed under this section.
119	119	23 (9) For use by an employer or its agent or insurer to obtain or
120	120	24 verify information relating to a holder of a commercial driver's
121	121	25 license that is required under the Commercial Motor Vehicle
122	122	26 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
123	123	27 (10) For use in connection with the operation of private toll
124	124	28 transportation facilities.
125	125	29 (11) For any use in response to requests for individual motor
126	126	30 vehicle records when the bureau has obtained the written consent
127	127	31 of the person to whom the personal information pertains.
128	128	32 (12) For bulk distribution for surveys, marketing, or solicitations
129	129	33 when the bureau has obtained the written consent of the person to
130	130	34 whom the personal information pertains.
131	131	35 (13) For use by any person, when the person demonstrates, in a
132	132	36 form and manner prescribed by the bureau, that written consent
133	133	37 has been obtained from the individual who is the subject of the
134	134	38 information.
135	135	39 (14) For any other use specifically authorized by law that is
136	136	40 related to the operation of a motor vehicle or public safety.
137	137	41 However, this section does not affect the use of anatomical gift
138	138	42 information on a person's driver's license or identification document
139	139	2024 IN 244—LS 6809/DI 151 4
140	140	1 issued by the bureau, nor does this section affect the administration of
141	141	2 anatomical gift initiatives in Indiana.
142	142	3 SECTION 6. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
143	143	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144	144	5 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
145	145	6 (f), whenever a local authority in the authority's jurisdiction determines
146	146	7 that the maximum speed permitted under this chapter is greater or less
147	147	8 than reasonable and safe under the conditions found to exist on a
148	148	9 highway or part of a highway, the local authority may determine and
149	149	10 declare a reasonable and safe maximum limit on the highway. The
150	150	11 maximum limit declared under this section may do any of the
151	151	12 following:
152	152	13 (1) Decrease the limit within urban districts, but not to less than
153	153	14 twenty (20) miles per hour.
154	154	15 (2) Increase the limit within an urban district, but not to more than
155	155	16 fifty-five (55) miles per hour during daytime and fifty (50) miles
156	156	17 per hour during nighttime.
157	157	18 (3) Decrease the limit outside an urban district, but not to less
158	158	19 than thirty (30) miles per hour.
159	159	20 (4) Decrease the limit in an alley, but to not less than five (5)
160	160	21 miles per hour.
161	161	22 (5) Increase the limit in an alley, but to not more than thirty (30)
162	162	23 miles per hour.
163	163	24 The local authority must perform an engineering and traffic
164	164	25 investigation before a determination may be made to change a speed
165	165	26 limit under subdivision (2), (3), (4), or (5) or before the speed limit
166	166	27 within an urban district may be decreased to less than twenty-five (25)
167	167	28 miles per hour under subdivision (1).
168	168	29 (b) Except as provided in subsection (f), a local authority in the
169	169	30 authority's jurisdiction shall determine by an engineering and traffic
170	170	31 investigation the proper maximum speed for all local streets and shall
171	171	32 declare a reasonable and safe maximum speed permitted under this
172	172	33 chapter for an urban district. However, an engineering and traffic study
173	173	34 is not required to be performed for the local streets in an urban district
174	174	35 under this subsection if the local authority determines that the proper
175	175	36 maximum speed in the urban district is not less than twenty-five (25)
176	176	37 miles per hour.
177	177	38 (c) An altered limit established under this section is effective at all
178	178	39 times or during hours of darkness or at other times as may be
179	179	40 determined when appropriate signs giving notice of the altered limit are
180	180	41 erected on the street or highway.
181	181	42 (d) Except as provided in this subsection and notwithstanding
182	182	2024 IN 244—LS 6809/DI 151 5
183	183	1 IC 9-21-23 or IC 36-1-3-8(a), a local authority may not alter a speed
184	184	2 limit on a highway or extension of a highway in the state highway
185	185	3 system. A city or town may establish speed limits on state highways
186	186	4 upon which a school is located. However, a speed limit established
187	187	5 under this subsection is valid only if the following conditions exist:
188	188	6 (1) The limit is not less than twenty (20) miles per hour.
189	189	7 (2) The limit is imposed only in the immediate vicinity of the
190	190	8 school.
191	191	9 (3) Children are present.
192	192	10 (4) The speed zone is properly signed. There must be:
193	193	11 (A) a sign located:
194	194	12 (i) where the reduced speed zone begins; or
195	195	13 (ii) as near as practical to the point where the reduced speed
196	196	14 zone begins;
197	197	15 indicating the reduced speed limit; and
198	198	16 (B) a sign located at the end of the reduced speed zone
199	199	17 indicating:
200	200	18 (i) the speed limit for the section of highway that follows; or
201	201	19 (ii) the end of the reduced speed zone.
202	202	20 (5) The Indiana department of transportation has been notified of
203	203	21 the limit imposed by certified mail.
204	204	22 (e) A local authority may decrease a limit on a street to not less than
205	205	23 fifteen (15) miles per hour if the following conditions exist:
206	206	24 (1) The street is located within a park or playground established
207	207	25 under IC 36-10.
208	208	26 (2) The:
209	209	27 (A) board established under IC 36-10-3;
210	210	28 (B) board established under IC 36-10-4; or
211	211	29 (C) park authority established under IC 36-10-5;
212	212	30 requests the local authority to decrease the limit.
213	213	31 (3) The speed zone is properly signed.
214	214	32 (f) A city, town, or county may establish speed limits on a street or
215	215	33 highway upon which a school is located if the street or highway is
216	216	34 under the jurisdiction of the city, town, or county, respectively.
217	217	35 However, a speed limit established under this subsection is valid only
218	218	36 if the following conditions exist:
219	219	37 (1) The limit is not less than twenty (20) miles per hour.
220	220	38 (2) The limit is imposed only in the immediate vicinity of the
221	221	39 school.
222	222	40 (3) Children are present.
223	223	41 (4) The speed zone is properly signed. There must be:
224	224	42 (A) a sign located where the reduced speed zone begins or as
225	225	2024 IN 244—LS 6809/DI 151 6
226	226	1 near as practical to the point where the reduced speed zone
227	227	2 begins indicating the reduced speed limit and a sign located at
228	228	3 the end of the reduced speed zone indicating the end of the
229	229	4 reduced speed zone; and
230	230	5 (B) if the school operates on a twelve (12) month schedule, a
231	231	6 sign indicating that the school is an all year school.
232	232	7 Notwithstanding IC 36-1-3-8(a), a city, town, or county may
233	233	8 establish speed limits on a street or highway upon which a school
234	234	9 is located if the street or highway is under the jurisdiction of the
235	235	10 city, town, or county, respectively, under IC 9-21-23.
236	236	11 (g) Except as provided in subsection (h), a person who exceeds a
237	237	12 speed limit established by a local authority under this section commits
238	238	13 a Class C infraction.
239	239	14 (h) A person who exceeds a speed limit that is established under
240	240	15 subsection (d) or (f) commits a Class B infraction.
241	241	16 SECTION 7. IC 9-21-23 IS ADDED TO THE INDIANA CODE AS
242	242	17 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
243	243	18 1, 2024]:
244	244	19 Chapter 23. School Zone Speed Control Program
245	245	20 Sec. 1. As used in this chapter, "agent" means a person that:
246	246	21 (1) provides services to a county or municipality;
247	247	22 (2) operates, maintains, leases, or licenses school zone speed
248	248	23 control systems as authorized by a county or municipality; or
249	249	24 (3) is authorized to review and assemble a recorded image
250	250	25 captured by a school zone speed control system for review by
251	251	26 a police officer employed by a county or municipality.
252	252	27 Sec. 2. As used in this chapter, "motor vehicle" has the meaning
253	253	28 set forth in IC 9-13-2-105(a).
254	254	29 Sec. 3. As used in this chapter, "motor vehicle rental company"
255	255	30 means a person that routinely engages in the business of renting
256	256	31 motor vehicles for periods of not more than thirty (30) days.
257	257	32 Sec. 4. As used in this chapter, "municipality" means a city or
258	258	33 town.
259	259	34 Sec. 5. As used in this chapter, "owner" means a person in
260	260	35 whose name a motor vehicle is registered under any of the
261	261	36 following:
262	262	37 (1) IC 9-18.1.
263	263	38 (2) The law of another state.
264	264	39 (3) The law of a foreign country.
265	265	40 (4) The International Registration Plan.
266	266	41 Sec. 6. As used in this chapter, "school zone speed control
267	267	42 system" means a photographic device, radar device, laser device,
268	268	2024 IN 244—LS 6809/DI 151 7
269	269	1 or other electrical or mechanical device or devices designed to:
270	270	2 (1) record the speed of a motor vehicle;
271	271	3 (2) obtain a clear photograph or other recorded image of the
272	272	4 rear of the motor vehicle and the license plate affixed to the
273	273	5 motor vehicle at the time the recorded speed of the motor
274	274	6 vehicle exceeds a school zone speed limit;
275	275	7 (3) indicate on at least one (1) recorded image the date, time,
276	276	8 and location of the violation; and
277	277	9 (4) undergo an annual calibration check, the results of which
278	278	10 are kept on file with the county or municipality that uses the
279	279	11 school zone speed control system.
280	280	12 Sec. 7. As used in this chapter, "school zone speed limit" means
281	281	13 a speed limit established under IC 9-21-5-6.
282	282	14 Sec. 8. (a) Notwithstanding IC 36-1-3-8(a)(8), a county or
283	283	15 municipality may adopt an ordinance to use a school zone speed
284	284	16 control system to enforce a violation of a school zone speed limit.
285	285	17 (b) An ordinance adopted under subsection (a) must be adopted
286	286	18 as follows:
287	287	19 (1) In a municipality, by the legislative body of the
288	288	20 municipality.
289	289	21 (2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
290	290	22 legislative body of the county.
291	291	23 (3) In any other county, by the executive of the county.
292	292	24 (c) An ordinance adopted under subsection (a) is subject to an
293	293	25 interlocal agreement under IC 36-1-7.
294	294	26 Sec. 9.(a) A municipality, county, or school corporation that
295	295	27 uses a school zone speed control system may enter into a contract
296	296	28 with an agent for the installation, operation, notice processing,
297	297	29 administration, and maintenance of the school zone speed control
298	298	30 system.
299	299	31 (b) An agent is not required to be licensed under IC 25-30-1.
300	300	32 (c) The records, documents, and books kept by an agent are not
301	301	33 considered public records (as defined in IC 5-14-3-2(r)).
302	302	34 Sec. 10. A county or municipality may adopt an ordinance to
303	303	35 establish a speed limit under IC 9-21-5-6 that is enforced by a
304	304	36 school zone speed control system.
305	305	37 Sec. 11. (a) If a county or municipality adopts an ordinance
306	306	38 under section 8 of this chapter, the ordinance must include the
307	307	39 following regarding the school zone speed control system:
308	308	40 (1) That the school zone speed control system is maintained in
309	309	41 accordance with specified self-test performance standards.
310	310	42 (2) That an ordinance adopted under this chapter may be
311	311	2024 IN 244—LS 6809/DI 151 8
312	312	1 challenged pursuant to the requirements of IC 34-13-6.
313	313	2 (b) If a county or municipality adopts an ordinance under
314	314	3 section 8 of this chapter, the ordinance must include the following
315	315	4 regarding a violation:
316	316	5 (1) That a police officer employed by the county or
317	317	6 municipality:
318	318	7 (A) must review and approve an image recorded by the
319	319	8 school zone speed control system before notice of an
320	320	9 ordinance violation may be forwarded to the owner of the
321	321	10 motor vehicle; and
322	322	11 (B) may not forward notice of an ordinance violation to an
323	323	12 owner under clause (A) if, in the opinion of the police
324	324	13 officer, it was not possible for the operator of the motor
325	325	14 vehicle to safely avoid committing the ordinance violation
326	326	15 due to inclement weather conditions.
327	327	16 (2) Except as otherwise provided under this chapter, that the
328	328	17 owner of a motor vehicle identified through a school zone
329	329	18 speed control system is liable for the civil penalty for a
330	330	19 violation under this chapter.
331	331	20 (3) The defenses to a violation under section 17 of this
332	332	21 chapter.
333	333	22 (4) The civil penalty to be assessed for a violation under
334	334	23 section 18 of this chapter.
335	335	24 (5) That an owner may pay a civil penalty for a violation by
336	336	25 electronic means.
337	337	26 (6) That a county or municipality may bring an action under
338	338	27 IC 36-1-6 to enforce an ordinance or action taken under this
339	339	28 chapter.
340	340	29 (c) A county or municipality that adopts an ordinance under
341	341	30 section 8 of this chapter shall publish notice of the location of each
342	342	31 school zone speed control system on the website of the county or
343	343	32 municipality.
344	344	33 Sec. 12. (a) A school corporation that uses a school zone speed
345	345	34 control system to enforce an ordinance adopted under this chapter
346	346	35 must forward a recorded image produced by the school zone speed
347	347	36 control system to the law enforcement agency of the county or
348	348	37 municipality in which the school corporation is located for review
349	349	38 and approval by a police officer employed by the law enforcement
350	350	39 agency before notice of the ordinance violation may be sent to the
351	351	40 owner of the motor vehicle.
352	352	41 (b) A police officer described in subsection (a) may not send
353	353	42 notice of the ordinance violation to the owner of the motor vehicle
354	354	2024 IN 244—LS 6809/DI 151 9
355	355	1 if, in the opinion of the police officer, the operator of the motor
356	356	2 vehicle could not have safely avoided committing the ordinance
357	357	3 violation due to inclement weather conditions.
358	358	4 Sec. 13. Before installing a school zone speed control system, a
359	359	5 county or municipality shall:
360	360	6 (1) conduct a public information campaign to inform drivers
361	361	7 about the use of a school zone speed control system to detect
362	362	8 speeds in excess of a school zone speed limit; and
363	363	9 (2) post signs indicating that school zone speed limits are
364	364	10 monitored by a school zone speed control system before the
365	365	11 entrance to a school zone in which a school zone speed control
366	366	12 system is in use.
367	367	13 Sec. 14. (a) A school zone speed control system must undergo an
368	368	14 annual calibration check performed by an independent calibration
369	369	15 laboratory.
370	370	16 (b) The independent calibration laboratory performing the
371	371	17 annual calibration check required under subsection (a) shall issue
372	372	18 a certificate of calibration to the department for the school zone
373	373	19 speed control system as proof that:
374	374	20 (1) the annual calibration check was performed; and
375	375	21 (2) the school zone speed control system is accurately
376	376	22 calibrated.
377	377	23 Sec. 15. (a) A school zone speed control system may not be used
378	378	24 to take a photograph or recorded image of the front of a motor
379	379	25 vehicle.
380	380	26 (b) A photograph or recorded image of the front of a motor
381	381	27 vehicle obtained through the use of a school zone speed control
382	382	28 system may not be used as evidence of a violation under this
383	383	29 chapter.
384	384	30 (c) The information and recorded images collected under this
385	385	31 chapter are confidential under IC 5-14-3.
386	386	32 (d) Except as otherwise provided in this section, information
387	387	33 and photographs or recorded images collected under this chapter
388	388	34 are not discoverable by court order as evidence in a proceeding
389	389	35 except to assess a penalty under section 18 of this chapter.
390	390	36 (e) Information and a photograph or recorded image collected
391	391	37 under this chapter must be destroyed not later than two (2) years
392	392	38 after the date the information and photograph or recorded image
393	393	39 is collected.
394	394	40 Sec. 16. (a) Except as otherwise provided by this chapter, use of
395	395	41 a photograph or recorded image obtained through the use of a
396	396	42 school zone speed control system for the purpose of enforcing a
397	397	2024 IN 244—LS 6809/DI 151 10
398	398	1 traffic offense (as defined in IC 9-13-2-183) is prohibited.
399	399	2 (b) A photograph or recorded image obtained through the use
400	400	3 of a school zone speed control system may not be used as evidence
401	401	4 in any action other than the action to collect a school zone speed
402	402	5 limit civil penalty for which the photograph or recorded image was
403	403	6 obtained.
404	404	7 (c) Unless authorized by court order, a photograph or recorded
405	405	8 image obtained through the use of a school zone speed control
406	406	9 system may not be disclosed to anyone other than:
407	407	10 (1) the owner of the motor vehicle at the time the recorded
408	408	11 speed of the motor vehicle exceeded a school zone speed limit;
409	409	12 (2) an individual alleged to have been operating the motor
410	410	13 vehicle at the time the school zone speed limit was exceeded as
411	411	14 described in subdivision (1);
412	412	15 (3) an attorney representing an individual described in
413	413	16 subdivision (1) or (2);
414	414	17 (4) a law enforcement officer;
415	415	18 (5) the department;
416	416	19 (6) a person administering the school zone speed control
417	417	20 system; and
418	418	21 (7) the court in a proceeding for judicial review under
419	419	22 IC 4-21.5.
420	420	23 Sec. 17. (a) Except as provided in subsection (d), the owner of a
421	421	24 motor vehicle identified through a school zone speed control system
422	422	25 is liable for the civil penalty described in section 18 of this chapter
423	423	26 for exceeding a school zone speed limit.
424	424	27 (b) There is a rebuttable presumption that the owner of a motor
425	425	28 vehicle that is the subject of a photograph or recorded image was
426	426	29 operating the motor vehicle when the photograph or recorded
427	427	30 image was obtained through a school zone speed control system.
428	428	31 (c) The presumption under subsection (b) does not apply to an
429	429	32 owner of a motor vehicle that is a motor vehicle rental company.
430	430	33 (d) The owner of a motor vehicle may submit information to
431	431	34 rebut the presumption created by subsection (b).
432	432	35 (e) It is a defense under this section if any of the following apply:
433	433	36 (1) The person receiving a notice of violation issued under this
434	434	37 chapter:
435	435	38 (A) was not the owner of the motor vehicle; or
436	436	39 (B) was not operating the motor vehicle;
437	437	40 at the time that the school zone speed limit was exceeded.
438	438	41 (2) The vehicle was reported stolen prior to the time that the
439	439	42 school zone speed limit was exceeded and was not recovered
440	440	2024 IN 244—LS 6809/DI 151 11
441	441	1 prior to that time.
442	442	2 (3) The school zone speed control system was not properly
443	443	3 tested for accuracy, certification, or calibration.
444	444	4 Sec. 18. (a) Notwithstanding IC 36-1-3-8(a)(10)(B), a person who
445	445	5 exceeds a school zone speed limit that is detected under this
446	446	6 chapter is subject to the following civil penalties:
447	447	7 (1) A written warning for the first violation.
448	448	8 (2) A civil penalty of seventy-five dollars ($75) for the second
449	449	9 violation.
450	450	10 (3) A civil penalty of one hundred fifty dollars ($150) for the
451	451	11 third and each subsequent violation.
452	452	12 (b) A county or municipality may impose a fee associated with
453	453	13 the electronic processing of the civil penalty imposed under
454	454	14 subsection (a).
455	455	15 (c) A county or municipality must apply at least fifty percent
456	456	16 (50%) of the amount of the civil penalty imposed under subsection
457	457	17 (a) to defray the cost to install, operate, and maintain a school zone
458	458	18 speed control system.
459	459	19 (d) The remaining money from the civil penalty imposed under
460	460	20 subsection (a) must be transferred to the general fund of the county
461	461	21 or municipality to be used for public safety and infrastructure.
462	462	22 Sec. 19. (a) Not later than November 1 of each year, a county or
463	463	23 municipality shall submit a report to the interim study committee
464	464	24 on roads and transportation established by IC 2-5-1.3-4 that
465	465	25 includes the following:
466	466	26 (1) The number of violations issued in a school zone where a
467	467	27 school zone speed control system was operated.
468	468	28 (2) The amount of fines imposed for violations occurring in a
469	469	29 school zone where a school zone speed control system was
470	470	30 operated.
471	471	31 (b) A report under this section must be submitted in an
472	472	32 electronic format under IC 5-14-6.
473	473	33 SECTION 8. IC 9-30-3-14, AS AMENDED BY P.L.111-2021,
474	474	34 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
475	475	35 JULY 1, 2024]: Sec. 14. This section does not apply to a violation of
476	476	36 an ordinance adopted under IC 9-21-23. If a court convicts a person
477	477	37 for a moving traffic offense and the person is known or believed by the
478	478	38 court not to be the owner of the motor vehicle, the court shall, within
479	479	39 seven (7) days after entering the conviction, deposit with the United
480	480	40 States Postal Service, first class postage prepaid, notice addressed to
481	481	41 the owner of the motor vehicle giving the owner the following
482	482	42 information:
483	483	2024 IN 244—LS 6809/DI 151 12
484	484	1 (1) The name and address of the person convicted.
485	485	2 (2) The name and address of the owner of the motor vehicle.
486	486	3 (3) The offense upon which the conviction was made.
487	487	4 (4) The date of arrest of the person convicted and the location of
488	488	5 the place of the offense.
489	489	6 (5) The license plate number of the motor vehicle.
490	490	7 (6) The driver's or chauffeur's license number of the person
491	491	8 convicted.
492	492	9 (7) The date of the conviction and the name of the court making
493	493	10 the conviction.
494	494	11 SECTION 9. IC 34-6-2-85 IS AMENDED TO READ AS
495	495	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 85. "Moving traffic
496	496	13 violation", for purposes of IC 34-28-5, means a violation of:
497	497	14 (1) a statute defining an infraction; or
498	498	15 (2) an ordinance, other than a violation under IC 9-21-23;
499	499	16 that applies when a motor vehicle is in motion.
500	500	17 SECTION 10. IC 36-1-6-3 IS AMENDED TO READ AS
501	501	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Certain
502	502	19 ordinances may be enforced by a municipal corporation without
503	503	20 proceeding in court through:
504	504	21 (1) an admission of violation before the violations clerk under
505	505	22 IC 33-36; or
506	506	23 (2) administrative enforcement under section 9 of this chapter.
507	507	24 (b) Except as provided in subsection (a), a proceeding to enforce an
508	508	25 ordinance must be brought in accordance with IC 34-28-5, section 4 of
509	509	26 this chapter, or both.
510	510	27 (c) An ordinance defining a moving traffic violation may not be
511	511	28 enforced under IC 33-36 and must be enforced in accordance with
512	512	29 IC 34-28-5.
513	513	30 (d) An ordinance adopted under IC 9-21-23 may be enforced
514	514	31 under IC 33-36 or IC 34-28-5.
515	515	2024 IN 244—LS 6809/DI 151