Indiana 2025 Regular Session

Indiana Senate Bill SB0225 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. 225
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, 2025.
18	18	Hunley
19	19	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
20	20	Law.
21	21	2025 IN 225—LS 6682/DI 151 Introduced
22	22	First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
32	32	SENATE BILL No. 225
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, 2025]: 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, 2025]: Sec. 110.7. "Municipality", for
43	43	8 purposes of IC 9-21-23, has the meaning set forth in IC 9-21-23-4.
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, 2025]: 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	2025 IN 225—LS 6682/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, 2025]: 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, 2025]: 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	2025 IN 225—LS 6682/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	2025 IN 225—LS 6682/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.49-2024,
143	143	4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144	144	5 JULY 1, 2025]: 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 twenty (20)
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 on
166	166	27 a highway with a functional classification of arterial or major collector
167	167	28 within an urban district may be decreased to less than twenty-five (25)
168	168	29 miles per hour under subdivision (1). An engineering and traffic
169	169	30 investigation is not required to decrease the speed limit to twenty (20)
170	170	31 miles per hour on a highway with a functional classification of minor
171	171	32 collector or local road in an urban district.
172	172	33 (b) Except as provided in subsection (f), a local authority in the
173	173	34 authority's jurisdiction shall determine by an engineering and traffic
174	174	35 investigation the proper maximum speed for all local streets and shall
175	175	36 declare a reasonable and safe maximum speed permitted under this
176	176	37 chapter for an urban district. However, an engineering and traffic study
177	177	38 is not required to be performed for the local streets in an urban district
178	178	39 under this subsection if the local authority determines that the proper
179	179	40 maximum speed in the urban district is not less than twenty-five (25)
180	180	41 miles per hour.
181	181	42 (c) An altered limit established under this section is effective at all
182	182	2025 IN 225—LS 6682/DI 151 5
183	183	1 times or during hours of darkness or at other times as may be
184	184	2 determined when appropriate signs giving notice of the altered limit are
185	185	3 erected on the street or highway.
186	186	4 (d) Except as provided in this subsection and notwithstanding
187	187	5 IC 9-21-23 or IC 36-1-3-8(a), a local authority may not alter a speed
188	188	6 limit on a highway or extension of a highway in the state highway
189	189	7 system. A city or town may establish speed limits on state highways
190	190	8 upon which a school is located. However, a speed limit established
191	191	9 under this subsection is valid only if the following conditions exist:
192	192	10 (1) The limit is not less than twenty (20) miles per hour.
193	193	11 (2) The limit is imposed only in the immediate vicinity of the
194	194	12 school.
195	195	13 (3) Children are present.
196	196	14 (4) The speed zone is properly signed. There must be:
197	197	15 (A) a sign located:
198	198	16 (i) where the reduced speed zone begins; or
199	199	17 (ii) as near as practical to the point where the reduced speed
200	200	18 zone begins;
201	201	19 indicating the reduced speed limit; and
202	202	20 (B) a sign located at the end of the reduced speed zone
203	203	21 indicating:
204	204	22 (i) the speed limit for the section of highway that follows; or
205	205	23 (ii) the end of the reduced speed zone.
206	206	24 (5) The Indiana department of transportation has been notified of
207	207	25 the limit imposed by certified mail.
208	208	26 (e) A local authority may decrease a limit on a street to not less than
209	209	27 fifteen (15) miles per hour if the following conditions exist:
210	210	28 (1) The street is located within a park or playground established
211	211	29 under IC 36-10.
212	212	30 (2) The:
213	213	31 (A) board established under IC 36-10-3;
214	214	32 (B) board established under IC 36-10-4; or
215	215	33 (C) park authority established under IC 36-10-5;
216	216	34 requests the local authority to decrease the limit.
217	217	35 (3) The speed zone is properly signed.
218	218	36 (f) A city, town, or county may establish speed limits on a street or
219	219	37 highway upon which a school is located if the street or highway is
220	220	38 under the jurisdiction of the city, town, or county, respectively.
221	221	39 However, a speed limit established under this subsection is valid only
222	222	40 if the following conditions exist:
223	223	41 (1) The limit is not less than twenty (20) miles per hour.
224	224	42 (2) The limit is imposed only in the immediate vicinity of the
225	225	2025 IN 225—LS 6682/DI 151 6
226	226	1 school.
227	227	2 (3) Children are present.
228	228	3 (4) The speed zone is properly signed. There must be:
229	229	4 (A) a sign located where the reduced speed zone begins or as
230	230	5 near as practical to the point where the reduced speed zone
231	231	6 begins indicating the reduced speed limit and a sign located at
232	232	7 the end of the reduced speed zone indicating the end of the
233	233	8 reduced speed zone; and
234	234	9 (B) if the school operates on a twelve (12) month schedule, a
235	235	10 sign indicating that the school is an all year school.
236	236	11 Notwithstanding IC 36-1-3-8(a), a city, town, or county may
237	237	12 establish speed limits on a street or highway upon which a school
238	238	13 is located if the street or highway is under the jurisdiction of the
239	239	14 city, town, or county, respectively, under IC 9-21-23.
240	240	15 (g) Except as provided in subsection (h), a person who exceeds a
241	241	16 speed limit established by a local authority under this section commits
242	242	17 a Class C infraction.
243	243	18 (h) A person who exceeds a speed limit that is established under
244	244	19 subsection (d) or (f) commits a Class B infraction.
245	245	20 SECTION 7. IC 9-21-23 IS ADDED TO THE INDIANA CODE AS
246	246	21 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
247	247	22 1, 2025]:
248	248	23 Chapter 23. School Zone Speed Control Program
249	249	24 Sec. 1. As used in this chapter, "agent" means a person that:
250	250	25 (1) provides services to a county or municipality;
251	251	26 (2) operates, maintains, leases, or licenses school zone speed
252	252	27 control systems as authorized by a county or municipality; or
253	253	28 (3) is authorized to review and assemble a recorded image
254	254	29 captured by a school zone speed control system for review by
255	255	30 a police officer employed by a county or municipality.
256	256	31 Sec. 2. As used in this chapter, "motor vehicle" has the meaning
257	257	32 set forth in IC 9-13-2-105(a).
258	258	33 Sec. 3. As used in this chapter, "motor vehicle rental company"
259	259	34 means a person that routinely engages in the business of renting
260	260	35 motor vehicles for periods of not more than thirty (30) days.
261	261	36 Sec. 4. As used in this chapter, "municipality" has the meaning
262	262	37 set forth in IC 36-1-2-11.
263	263	38 Sec. 5. As used in this chapter, "owner" means a person in
264	264	39 whose name a motor vehicle is registered under any of the
265	265	40 following:
266	266	41 (1) IC 9-18.1.
267	267	42 (2) The law of another state.
268	268	2025 IN 225—LS 6682/DI 151 7
269	269	1 (3) The law of a foreign country.
270	270	2 (4) The International Registration Plan.
271	271	3 Sec. 6. As used in this chapter, "school zone speed control
272	272	4 system" means a photographic device, radar device, laser device,
273	273	5 or other electrical or mechanical device or devices designed to:
274	274	6 (1) record the speed of a motor vehicle;
275	275	7 (2) obtain a clear photograph or other recorded image of the
276	276	8 rear of the motor vehicle and the license plate affixed to the
277	277	9 motor vehicle at the time the recorded speed of the motor
278	278	10 vehicle exceeds a school zone speed limit;
279	279	11 (3) indicate on at least one (1) recorded image the date, time,
280	280	12 and location of the violation; and
281	281	13 (4) undergo an annual calibration check, the results of which
282	282	14 are kept on file with the county or municipality that uses the
283	283	15 school zone speed control system.
284	284	16 Sec. 7. As used in this chapter, "school zone speed limit" means
285	285	17 a speed limit established under IC 9-21-5-6.
286	286	18 Sec. 8. (a) Notwithstanding IC 36-1-3-8(a)(8), a county or
287	287	19 municipality may adopt an ordinance to use a school zone speed
288	288	20 control system to enforce a violation of a school zone speed limit.
289	289	21 (b) An ordinance adopted under subsection (a) must be adopted
290	290	22 as follows:
291	291	23 (1) In a municipality, by the legislative body of the
292	292	24 municipality.
293	293	25 (2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
294	294	26 legislative body of the county.
295	295	27 (3) In any other county, by the executive of the county.
296	296	28 (c) An ordinance adopted under subsection (a) is subject to an
297	297	29 interlocal agreement under IC 36-1-7.
298	298	30 Sec. 9.(a) A municipality, county, or school corporation that
299	299	31 uses a school zone speed control system may enter into a contract
300	300	32 with an agent for the installation, operation, notice processing,
301	301	33 administration, and maintenance of the school zone speed control
302	302	34 system.
303	303	35 (b) An agent is not required to be licensed under IC 25-30-1.
304	304	36 (c) The records, documents, and books kept by an agent are not
305	305	37 considered public records (as defined in IC 5-14-3-2(r)).
306	306	38 Sec. 10. A county or municipality may adopt an ordinance to
307	307	39 establish a school zone speed limit under IC 9-21-5-6 that is
308	308	40 enforced by a school zone speed control system.
309	309	41 Sec. 11. (a) If a county or municipality adopts an ordinance
310	310	42 under section 8 of this chapter, the ordinance must include the
311	311	2025 IN 225—LS 6682/DI 151 8
312	312	1 following regarding the school zone speed control system:
313	313	2 (1) That the school zone speed control system is maintained in
314	314	3 accordance with specified self-test performance standards.
315	315	4 (2) That an ordinance adopted under this chapter may be
316	316	5 challenged pursuant to the requirements of IC 34-13-6.
317	317	6 (b) If a county or municipality adopts an ordinance under
318	318	7 section 8 of this chapter, the ordinance must include the following
319	319	8 regarding a violation:
320	320	9 (1) That a police officer employed by the county or
321	321	10 municipality:
322	322	11 (A) must review and approve an image recorded by the
323	323	12 school zone speed control system before notice of an
324	324	13 ordinance violation may be forwarded to the owner of the
325	325	14 motor vehicle; and
326	326	15 (B) may not forward notice of an ordinance violation to an
327	327	16 owner under clause (A) if, in the opinion of the police
328	328	17 officer, it was not possible for the operator of the motor
329	329	18 vehicle to safely avoid committing the ordinance violation
330	330	19 due to inclement weather conditions.
331	331	20 (2) Except as otherwise provided under this chapter, that the
332	332	21 owner of a motor vehicle identified through a school zone
333	333	22 speed control system is liable for the civil penalty for a
334	334	23 violation under this chapter.
335	335	24 (3) The defenses to a violation under section 17 of this
336	336	25 chapter.
337	337	26 (4) The civil penalty to be assessed for a violation under
338	338	27 section 18 of this chapter.
339	339	28 (5) That an owner may pay a civil penalty for a violation by
340	340	29 electronic means.
341	341	30 (6) That a county or municipality may bring an action under
342	342	31 IC 36-1-6 to enforce an ordinance or action taken under this
343	343	32 chapter.
344	344	33 (c) A county or municipality that adopts an ordinance under
345	345	34 section 8 of this chapter shall publish notice of the location of each
346	346	35 school zone speed control system on the website of the county or
347	347	36 municipality.
348	348	37 Sec. 12. (a) A school corporation that uses a school zone speed
349	349	38 control system to enforce an ordinance adopted under this chapter
350	350	39 must forward a recorded image produced by the school zone speed
351	351	40 control system to the law enforcement agency of the county or
352	352	41 municipality in which the school corporation is located for review
353	353	42 and approval by a police officer employed by the law enforcement
354	354	2025 IN 225—LS 6682/DI 151 9
355	355	1 agency before notice of the ordinance violation may be sent to the
356	356	2 owner of the motor vehicle.
357	357	3 (b) A police officer described in subsection (a) may not send
358	358	4 notice of the ordinance violation to the owner of the motor vehicle
359	359	5 if, in the opinion of the police officer, the operator of the motor
360	360	6 vehicle could not have safely avoided committing the ordinance
361	361	7 violation due to inclement weather conditions.
362	362	8 Sec. 13. Before installing a school zone speed control system, a
363	363	9 county or municipality shall:
364	364	10 (1) conduct a public information campaign to inform drivers
365	365	11 about the use of a school zone speed control system to detect
366	366	12 speeds in excess of a school zone speed limit; and
367	367	13 (2) post signs indicating that school zone speed limits are
368	368	14 monitored by a school zone speed control system before the
369	369	15 entrance to a school zone in which a school zone speed control
370	370	16 system is in use.
371	371	17 Sec. 14. (a) A school zone speed control system must undergo an
372	372	18 annual calibration check performed by an independent calibration
373	373	19 laboratory.
374	374	20 (b) The independent calibration laboratory performing the
375	375	21 annual calibration check required under subsection (a) shall issue
376	376	22 a certificate of calibration to the Indiana department of
377	377	23 transportation for the school zone speed control system as proof
378	378	24 that:
379	379	25 (1) the annual calibration check was performed; and
380	380	26 (2) the school zone speed control system is accurately
381	381	27 calibrated.
382	382	28 Sec. 15. (a) A school zone speed control system may not be used
383	383	29 to take a photograph or recorded image of the front of a motor
384	384	30 vehicle.
385	385	31 (b) A photograph or recorded image of the front of a motor
386	386	32 vehicle obtained through the use of a school zone speed control
387	387	33 system may not be used as evidence of a violation under this
388	388	34 chapter.
389	389	35 (c) The information, photographs, and recorded images
390	390	36 collected under this chapter are confidential under IC 5-14-3.
391	391	37 (d) Except as otherwise provided in this section, information
392	392	38 and photographs or recorded images collected under this chapter
393	393	39 are not discoverable by court order as evidence in a proceeding
394	394	40 except to assess a penalty under section 18 of this chapter.
395	395	41 (e) Information and a photograph or recorded image collected
396	396	42 under this chapter must be destroyed not later than two (2) years
397	397	2025 IN 225—LS 6682/DI 151 10
398	398	1 after the date the information and photograph or recorded image
399	399	2 are collected.
400	400	3 (f) Notwithstanding any other provision of law, information and
401	401	4 photographs or recorded images collected by a school zone speed
402	402	5 control system are the exclusive property of the state of Indiana
403	403	6 and not the property of the manufacturer or vendor of the school
404	404	7 zone speed control system.
405	405	8 Sec. 16. (a) Except as otherwise provided by this chapter, use of
406	406	9 a photograph or recorded image obtained through the use of a
407	407	10 school zone speed control system for the purpose of enforcing a
408	408	11 traffic offense (as defined in IC 9-13-2-183) is prohibited.
409	409	12 (b) A photograph or recorded image obtained through the use
410	410	13 of a school zone speed control system may not be used as evidence
411	411	14 in any action other than the action to collect a school zone speed
412	412	15 limit civil penalty for which the photograph or recorded image was
413	413	16 obtained.
414	414	17 (c) Unless authorized by court order, a photograph or recorded
415	415	18 image obtained through the use of a school zone speed control
416	416	19 system may not be disclosed to anyone other than:
417	417	20 (1) the owner of the motor vehicle at the time the recorded
418	418	21 speed of the motor vehicle exceeded a school zone speed limit;
419	419	22 (2) an individual alleged to have been operating the motor
420	420	23 vehicle at the time the school zone speed limit was exceeded as
421	421	24 described in subdivision (1);
422	422	25 (3) an attorney representing an individual described in
423	423	26 subdivision (1) or (2);
424	424	27 (4) a law enforcement officer;
425	425	28 (5) the Indiana department of transportation;
426	426	29 (6) a person administering the school zone speed control
427	427	30 system; and
428	428	31 (7) the court in a proceeding for judicial review under
429	429	32 IC 4-21.5.
430	430	33 Sec. 17. (a) Except as provided in subsection (d), the owner of a
431	431	34 motor vehicle identified through a school zone speed control system
432	432	35 is liable for the civil penalty described in section 18 of this chapter
433	433	36 for exceeding a school zone speed limit.
434	434	37 (b) There is a rebuttable presumption that the owner of a motor
435	435	38 vehicle that is the subject of a photograph or recorded image was
436	436	39 operating the motor vehicle when the photograph or recorded
437	437	40 image was obtained through a school zone speed control system.
438	438	41 (c) The presumption under subsection (b) does not apply to an
439	439	42 owner that is a motor vehicle rental company.
440	440	2025 IN 225—LS 6682/DI 151 11
441	441	1 (d) The owner of a motor vehicle may submit information to
442	442	2 rebut the presumption created by subsection (b).
443	443	3 (e) It is a defense under this section if any of the following apply:
444	444	4 (1) The person receiving a notice of violation issued under this
445	445	5 chapter:
446	446	6 (A) was not the owner of the motor vehicle; or
447	447	7 (B) was not operating the motor vehicle;
448	448	8 at the time that the school zone speed limit was exceeded.
449	449	9 (2) The vehicle was reported stolen prior to the time that the
450	450	10 school zone speed limit was exceeded and was not recovered
451	451	11 prior to that time.
452	452	12 (3) The school zone speed control system was not properly
453	453	13 tested for accuracy, certification, or calibration.
454	454	14 Sec. 18. (a) Notwithstanding IC 36-1-3-8(a)(10)(B), a person who
455	455	15 exceeds a school zone speed limit which is detected under this
456	456	16 chapter is subject to the following civil penalties:
457	457	17 (1) A written warning for the first violation.
458	458	18 (2) A civil penalty of seventy-five dollars ($75) for the second
459	459	19 violation.
460	460	20 (3) A civil penalty of one hundred fifty dollars ($150) for the
461	461	21 third and each subsequent violation.
462	462	22 (b) A county or municipality may impose a fee associated with
463	463	23 the electronic processing of the civil penalty imposed under
464	464	24 subsection (a).
465	465	25 (c) A county or municipality must apply at least fifty percent
466	466	26 (50%) of the amount of the civil penalty imposed under subsection
467	467	27 (a) to defray the cost to install, operate, and maintain a school zone
468	468	28 speed control system.
469	469	29 (d) The remaining money from the civil penalty imposed under
470	470	30 subsection (a) must be transferred to the general fund of the county
471	471	31 or municipality to be used for public safety and infrastructure.
472	472	32 Sec. 19. (a) Not later than November 1 of each year, each county
473	473	33 and municipality that uses a school zone speed control system
474	474	34 under this chapter shall submit a report to the interim study
475	475	35 committee on roads and transportation established by IC 2-5-1.3-4
476	476	36 that includes the following:
477	477	37 (1) The number of ordinance violation notices of violations
478	478	38 issued in a school zone where a school zone speed control
479	479	39 system was operated.
480	480	40 (2) The amount of fines imposed for violations occurring in a
481	481	41 school zone where a school zone speed control system was
482	482	42 operated.
483	483	2025 IN 225—LS 6682/DI 151 12
484	484	1 (b) A report under this section must be submitted in an
485	485	2 electronic format under IC 5-14-6.
486	486	3 SECTION 8. IC 9-30-3-14, AS AMENDED BY P.L.111-2021,
487	487	4 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
488	488	5 JULY 1, 2025]: Sec. 14. This section does not apply to a violation of
489	489	6 an ordinance adopted under IC 9-21-23. If a court convicts a person
490	490	7 for a moving traffic offense and the person is known or believed by the
491	491	8 court not to be the owner of the motor vehicle, the court shall, within
492	492	9 seven (7) days after entering the conviction, deposit with the United
493	493	10 States Postal Service, first class postage prepaid, notice addressed to
494	494	11 the owner of the motor vehicle giving the owner the following
495	495	12 information:
496	496	13 (1) The name and address of the person convicted.
497	497	14 (2) The name and address of the owner of the motor vehicle.
498	498	15 (3) The offense upon which the conviction was made.
499	499	16 (4) The date of arrest of the person convicted and the location of
500	500	17 the place of the offense.
501	501	18 (5) The license plate number of the motor vehicle.
502	502	19 (6) The driver's or chauffeur's license number of the person
503	503	20 convicted.
504	504	21 (7) The date of the conviction and the name of the court making
505	505	22 the conviction.
506	506	23 SECTION 9. IC 34-6-2-85 IS AMENDED TO READ AS
507	507	24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 85. "Moving traffic
508	508	25 violation", for purposes of IC 34-28-5, means a violation of:
509	509	26 (1) a statute defining an infraction; or
510	510	27 (2) an ordinance, other than a violation under IC 9-21-23;
511	511	28 that applies when a motor vehicle is in motion.
512	512	29 SECTION 10. IC 36-1-6-3 IS AMENDED TO READ AS
513	513	30 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Certain
514	514	31 ordinances may be enforced by a municipal corporation without
515	515	32 proceeding in court through:
516	516	33 (1) an admission of violation before the violations clerk under
517	517	34 IC 33-36; or
518	518	35 (2) administrative enforcement under section 9 of this chapter.
519	519	36 (b) Except as provided in subsection (a), a proceeding to enforce an
520	520	37 ordinance must be brought in accordance with IC 34-28-5, section 4 of
521	521	38 this chapter, or both.
522	522	39 (c) An ordinance defining a moving traffic violation may not be
523	523	40 enforced under IC 33-36 and must be enforced in accordance with
524	524	41 IC 34-28-5.
525	525	42 (d) An ordinance adopted under IC 9-21-23 may be enforced
526	526	2025 IN 225—LS 6682/DI 151 13
527	527	1 under IC 33-36 or IC 34-28-5.
528	528	2025 IN 225—LS 6682/DI 151