Indiana 2024 Regular Session

Indiana Senate Bill SB0281 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0281.1
	2	+	February 20, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 281
	5	+	_____
	6	+	DIGEST OF SB 281 (Updated February 20, 2024 8:50 am - DI 140)
	7	+	Citations Affected: IC 9-18.1; IC 14-16.
	8	+	Synopsis: Child safety requirements for off-road vehicles. Provides
	9	+	that an individual less than 18 years of age is not required to wear a
	10	+	helmet while operating or riding on an off-road vehicle if certain
	11	+	requirements are met. Provides that a person may not knowingly
	12	+	authorize or permit an individual less than 18 years of age to operate
	13	+	or ride on an off-road vehicle in violation of the statute providing
	14	+	helmet requirements for off-road vehicle operators.
	15	+	Effective: July 1, 2024.
	16	+	Messmer, Crider
	17	+	(HOUSE SPONSORS — LINDAUER, BARTELS, MCNAMARA)
	18	+	January 16, 2024, read first time and referred to Committee on Homeland Security and
	19	+	Transportation.
	20	+	January 30, 2024, amended, reported favorably — Do Pass.
	21	+	February 1, 2024, read second time, ordered engrossed. Engrossed.
	22	+	February 5, 2024, read third time, passed. Yeas 43, nays 5.
	23	+	HOUSE ACTION
	24	+	February 12, 2024, read first time and referred to Committee on Roads and Transportation.
	25	+	February 20, 2024, reported — Do Pass.
	26	+	ES 281—LS 6127/DI 151 February 20, 2024
1	27		Second Regular Session of the 123rd General Assembly (2024)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 281
12		-	AN ACT to amend the Indiana Code concerning motor vehicles.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 281
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	40	+	motor vehicles.
13	41		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 9-18.1-14-11, AS ADDED BY P.L.141-2017,
15		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 11. (a) As used in this section, "child restraint
17		-	system" has the meaning set forth in IC 9-13-2-23.
18		-	(b) Except as provided in subsection (c), an individual less than
19		-	eighteen (18) years of age who is operating or riding on an off-road
20		-	vehicle shall wear a helmet that meets the standards established by the
21		-	United States Department of Transportation under 49 CFR 571.218 as
22		-	in effect January 1, 1979.
23		-	(c) An individual less than eighteen (18) years of age who is
24		-	operating or riding on an off-road vehicle is not required to wear
25		-	a helmet if:
26		-	(1) the individual is properly fastened and restrained by a
27		-	child restraint system according to the child restraint system
28		-	manufacturer's instructions;
29		-	(2) the child restraint system is designed to protect the
30		-	individual's head; and
	42	+	1 SECTION 1. IC 9-18.1-14-11, AS ADDED BY P.L.141-2017,
	43	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	44	+	3 JULY 1, 2024]: Sec. 11. (a) As used in this section, "child restraint
	45	+	4 system" has the meaning set forth in IC 9-13-2-23.
	46	+	5 (b) Except as provided in subsection (c), an individual less than
	47	+	6 eighteen (18) years of age who is operating or riding on an off-road
	48	+	7 vehicle shall wear a helmet that meets the standards established by the
	49	+	8 United States Department of Transportation under 49 CFR 571.218 as
	50	+	9 in effect January 1, 1979.
	51	+	10 (c) An individual less than eighteen (18) years of age who is
	52	+	11 operating or riding on an off-road vehicle is not required to wear
	53	+	12 a helmet if:
	54	+	13 (1) the individual is properly fastened and restrained by a
	55	+	14 child restraint system according to the child restraint system
	56	+	15 manufacturer's instructions;
	57	+	16 (2) the child restraint system is designed to protect the
	58	+	17 individual's head; and
	59	+	ES 281—LS 6127/DI 151 2
	60	+	1 (3) the off-road vehicle:
	61	+	2 (A) is factory equipped to secure the child in a child
	62	+	3 restraint system; and
	63	+	4 (B) has a roll over protection structure.
	64	+	5 (b) (d) An individual who violates this section commits a Class C
	65	+	6 infraction.
	66	+	7 SECTION 2. IC 14-16-1-33, AS ADDED BY P.L.141-2017,
	67	+	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	68	+	9 JULY 1, 2024]: Sec. 33. A person who is:
	69	+	10 (1) the owner of an off-road vehicle;
	70	+	11 (2) in possession of an off-road vehicle; or
	71	+	12 (3) entitled to the possession of an off-road vehicle, whether by
	72	+	13 reason of legal title, lease, license, rental arrangement, lease with
	73	+	14 option to purchase, contract of conditional sale, or otherwise;
	74	+	15 may not knowingly authorize or permit an individual less than eighteen
	75	+	16 (18) years of age to operate the or ride on the off-road vehicle in
	76	+	17 violation of IC 9-18.1-14-11.
	77	+	ES 281—LS 6127/DI 151 3
	78	+	COMMITTEE REPORT
	79	+	Madam President: The Senate Committee on Homeland Security
	80	+	and Transportation, to which was referred Senate Bill No. 281, has had
	81	+	the same under consideration and begs leave to report the same back
	82	+	to the Senate with the recommendation that said bill be AMENDED as
	83	+	follows:
	84	+	Page 1, line 10, after "age" insert "who is operating or riding on
	85	+	an off-road vehicle".
	86	+	Page 1, line 14, delete "and".
	87	+	Page 1, line 16, delete "head." and insert "head; and
31	88		(3) the off-road vehicle:
32	89		(A) is factory equipped to secure the child in a child
33	90		restraint system; and
34		-	(B) has a roll over protection structure.
35		-	(b) (d) An individual who violates this section commits a Class C
36		-	SEA 281 2
37		-	infraction.
38		-	SECTION 2. IC 14-16-1-33, AS ADDED BY P.L.141-2017,
39		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40		-	JULY 1, 2024]: Sec. 33. A person who is:
41		-	(1) the owner of an off-road vehicle;
42		-	(2) in possession of an off-road vehicle; or
43		-	(3) entitled to the possession of an off-road vehicle, whether by
44		-	reason of legal title, lease, license, rental arrangement, lease with
45		-	option to purchase, contract of conditional sale, or otherwise;
46		-	may not knowingly authorize or permit an individual less than eighteen
47		-	(18) years of age to operate the or ride on the off-road vehicle in
48		-	violation of IC 9-18.1-14-11.
49		-	SEA 281 President of the Senate
50		-	President Pro Tempore
51		-	Speaker of the House of Representatives
52		-	Governor of the State of Indiana
53		-	Date: Time:
54		-	SEA 281
	91	+	(B) has a roll over protection structure.".
	92	+	Page 2, line 11, delete "an" and insert "the".
	93	+	and when so amended that said bill do pass.
	94	+	(Reference is to SB 281 as introduced.)
	95	+	CRIDER, Chairperson
	96	+	Committee Vote: Yeas 8, Nays 0.
	97	+	_____
	98	+	COMMITTEE REPORT
	99	+	Mr. Speaker: Your Committee on Roads and Transportation, to
	100	+	which was referred Senate Bill 281, has had the same under
	101	+	consideration and begs leave to report the same back to the House with
	102	+	the recommendation that said bill do pass.
	103	+	(Reference is to SB 281 as printed January 31, 2024.)
	104	+	PRESSEL
	105	+	Committee Vote: Yeas 11, Nays 0
	106	+	ES 281—LS 6127/DI 151