Bill Text: IN HB1368 | 2013 | Regular Session | Amended
Bill Title: Automated traffic enforcement safety devices.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-19 - Representative M. Smith added as coauthor [HB1368 Detail]
Download: Indiana-2013-HB1368-Amended.html
Citations Affected: IC 9-13; IC 9-14; IC 9-17; IC 9-18; IC 9-19;
IC 9-21; IC 9-29; IC 9-30; IC 16-18; IC 16-21; IC 20-27; IC 27-1;
IC 33-37; IC 34-6; IC 34-28; IC 34-30; IC 36-1.
Synopsis: Automated traffic enforcement safety devices. Authorizes
a county, city, or town to adopt and enforce an ordinance (ordinance)
that regulates the placement and use of automated traffic enforcement
safety devices (devices) to detect certain traffic offenses (offenses).
Authorizes the department of transportation and the Indiana finance
authority to use devices and to adopt rules concerning devices
concerning violations of highway work zone speed limits. Authorizes
a school corporation to contract with an agent and to enter into
interlocal agreements concerning devices for detection and prosecution
of school bus stop arm violations (violations). Provides for civil
penalties for offenses and violations. Specifies that the civil penalty
must be applied first to defray the cost of the installation, operation,
and maintenance of the devices, and specifies the manner in which the
remaining funds are distributed. Prohibits the: (1) reporting of offenses
and violations on a driving record; (2) use of offenses and violations to
determine rates for motor vehicle insurance; and (3) assessment of
points under the point system by the bureau of motor vehicles (bureau)
for offenses and violations. Requires notification to the bureau if
offenses and violations have not been paid timely. Requires the bureau
to suspend the registration of a vehicle and deny the transfer of the title
of the vehicle when the offenses and violations have not been paid.
Makes other changes and conforming amendments. Repeals and
replaces the definition of local law enforcement agency.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Roads and Transportation.
February 14, 2013, amended, reported _ Do Pass.
February 18, 2013, read second time, amended, ordered engrossed.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) is capable of producing a photographically recorded still or video image, or a combination of the photographically recorded still and video images, of the rear of a motor vehicle or of the rear of a vehicle being towed by a motor vehicle;
(2) includes an image of the rear license plate of the vehicle but does not include an image of the face of the driver or a passenger in the vehicle or motor vehicle;
(3) indicates on one (1) or more of the images produced the date, time, and location of the image; and
(4) undergoes an annual calibration check, the results of which are kept on file with the county, municipality, or school corporation that uses the automated traffic enforcement safety device.
(1) a person who holds the legal title of a motor vehicle; or
(2) if a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
(b) "Owner", for purposes of IC 9-21 (except IC 9-21-3.6) and IC 9-25, means, when used in reference to a motor vehicle, a person who holds the legal title of a motor vehicle, or if a:
(1) motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or
(2) mortgagor of a motor vehicle is entitled to possession;
the conditional vendee or lessee or mortgagor is considered to be the owner for the purpose of IC 9-21 and IC 9-25.
(c) "Owner", for purposes of IC 9-21-3.6, has the meaning set
forth in IC 9-21-3.6-3.
(c) (d) "Owner", for purposes of IC 9-22-1, means the last known
record titleholder of a vehicle according to the records of the bureau
under IC 9-17.
(d) (e) "Owner", for purposes of IC 9-31, means a person, other than
a lienholder, having the property in or title to a motorboat. The term
includes a person entitled to the use or possession of a motorboat
subject to an interest in another person reserved or created by
agreement and securing payment or performance of an obligation. The
term excludes a lessee under a lease not intended as security.
(1) For use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a person acting on behalf of a government agency in carrying out its functions, including a contractor in carrying out the duties of the contractor in IC 9-21-3.5-15 or an agent in carrying out the responsibilities of the agent in IC 9-21-3.6.
(2) For use in connection with matters concerning:
(A) motor vehicle or driver safety and theft;
(B) motor vehicle emissions;
(C) motor vehicle product alterations, recalls, or advisories;
(D) performance monitoring of motor vehicles, motor vehicle parts, and dealers;
(E) motor vehicle market research activities, including survey research;
(F) the removal of nonowner records from the original owner records of motor vehicle manufacturers; and
(G) motor fuel theft under IC 24-4.6-5.
(3) For use in the normal course of business by a business or its agents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submitted
by an individual to the business or its agents, employees, or
contractors; and
(B) if information submitted to a business is not correct or is
no longer correct, to obtain the correct information only for
purposes of preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security interest against, the
individual.
(4) For use in connection with a civil, a criminal, an
administrative, or an arbitration proceeding in a court or
government agency or before a self-regulatory body, including the
service of process, investigation in anticipation of litigation, and
the execution or enforcement of judgments and orders, or under
an order of a court.
(5) For use in research activities, and for use in producing
statistical reports, as long as the personal information is not
published, re-disclosed, or used to contact the individuals who are
the subject of the personal information.
(6) For use by an insurer, an insurance support organization, or a
self-insured entity, or the agents, employees, or contractors of an
insurer, an insurance support organization, or a self-insured entity
in connection with claims investigation activities, anti-fraud
activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed or
impounded vehicles.
(8) For use by a licensed private investigative agency or licensed
security service for a purpose allowed under this section.
(9) For use by an employer or its agent or insurer to obtain or
verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. 2710 et seq.).
(10) For use in connection with the operation of private toll
transportation facilities.
(11) For any use in response to requests for individual motor
vehicle records when the bureau has obtained the written consent
of the person to whom the personal information pertains.
(12) For bulk distribution for surveys, marketing, or solicitations
when the bureau has obtained the written consent of the person to
whom the personal information pertains.
(13) For use by any person, when the person demonstrates, in a
form and manner prescribed by the bureau, that written consent
has been obtained from the individual who is the subject of the
information.
(14) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
However, this section does not affect the use of anatomical gift information on a person's driver's license or identification document issued by the bureau, nor does this section affect the administration of anatomical gift initiatives in the state.
(b) An authorized recipient of a record under section 10(11) of this chapter may resell or re-disclose personal information for any purpose.
(c) An authorized recipient of personal information under IC 9-14-3-6 and section 10(12) of this chapter may resell or re-disclose the personal information for use only in accordance with section 10(12) of this chapter.
(d) Except for a recipient under section 10(11) of this chapter, a recipient who resells or re-discloses personal information is required to maintain and make available for inspection to the bureau, upon request, for at least five (5) years, records concerning:
(1) each person that receives the information; and
(2) the permitted use for which the information was obtained.
(e) A contractor in carrying out the duties of the contractor in IC 9-21-3.5-15 or an agent carrying out the responsibilities of the agent set forth in IC 9-21-3.6 that is a recipient of personal information under section 10(1) of this chapter may not resell or re-disclose the personal information for any purpose.
(1) the registered owner pays the judgment for the infraction assessed under IC 9-21-5-11(d) and rules adopted under IC 9-21-3.5-15(a); and
(2) the bureau is presented with adequate proof of payment.
(b) Upon receiving a referral, as set forth in IC 9-21-3.6-19, of the failure of the registered owner of a vehicle to pay any civil penalty or civil judgment assessed and associated fees under IC 9-21-3.6, the bureau may not transfer the certificate of title of the vehicle that was used in the commission of the ordinance violation until:
(1) the registered owner pays the civil penalty or civil judgment assessed and associated fees under IC 9-21-3.6; and
(2) the bureau is presented with adequate proof of payment under IC 9-21-3.6-21.
(1) determine:
(A) the genuineness and regularity of the information; and
(B) that the person applying for registration is entitled to register the vehicle;
(2) subject to subsection (b), register the vehicle described in the application; and
(3) keep a record of the registration of the vehicle under a distinctive registration number assigned to the vehicle in a manner the bureau considers desirable for the convenience of the bureau.
(b) Upon receiving notice, as described in IC 9-21-3.5-10(c), of the failure of an owner of a vehicle to pay a fine, charge, or other assessment for a toll violation documented under IC 9-21-3.5-12, the bureau shall withhold the annual registration of the vehicle that was used in the commission of the toll violation until the owner pays the fine, charge, or other assessment, plus any applicable fees, to:
(1) the bureau; or
(2) the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, or other assessments for toll violations under IC 9-21-3.5.
If the owner pays the fine, charge, or assessment, plus any applicable fees, to the bureau as described in subdivision (1), the bureau shall remit the appropriate amount to the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, assessments, or fees for toll violations under IC 9-21-3.5.
(c) Upon receiving notice, as set forth in IC 9-21-3.5-15(c), of the failure of the registered owner of a vehicle to pay the judgment for a worksite temporary maximum speed violation infraction assessed
under IC 9-21-5-11(d), the bureau shall suspend the registration of
the vehicle that was used in the commission of the violation of the
infraction under IC 9-21-5-11(a) until:
(1) the registered owner pays the judgment for the infraction
assessed under IC 9-21-5-11(d) and rules adopted under
IC 9-21-3.5-15(a); and
(2) the bureau is presented with adequate proof of payment
under IC 9-21-3.6-21.
(d) Upon receiving a referral, as set forth in IC 9-21-3.6-19, of
the failure of the registered owner of a vehicle to pay any civil
penalty or civil judgment assessed and associated fees under
IC 9-21-3.6, the bureau shall suspend the registration of the vehicle
that was used in the commission of the ordinance violation until:
(1) the registered owner pays the civil penalty or civil
judgment assessed and associated fees under IC 9-21-3.6; and
(2) the bureau is presented with adequate proof of payment
under IC 9-21-3.6-21.
(b) Notwithstanding subsection (a), a school corporation may use an automated traffic enforcement safety device on a school bus under IC 9-21-3.6-5.
[EFFECTIVE JULY 1, 2013]: Sec. 15. (a) If the department or the
authority chooses to establish a traffic enforcement program
utilizing automatic traffic enforcement safety devices in locations
subject to the jurisdiction of the department or the authority, the
department or authority may adopt and enforce rules under
IC 4-22-2 concerning the use of automated traffic enforcement
safety devices to enforce the collection of judgments for violations
of speed limits established under IC 9-21-5-11(a).
(b) The rules must provide that the department, the authority,
or an agent of the department or the authority shall mail to the
owner of a motor vehicle driven in violation of a speed limit
established under IC 9-21-5-11(a) (or a vehicle being towed by a
motor vehicle driven in violation of a speed limit established under
IC 9-21-5-11(a)) notice of the violation by first class mail
postmarked not later than thirty (30) days after obtaining the
name and address of the owner of the motor vehicle or the vehicle
being towed by a motor vehicle and not more than sixty (60) days
after the date of the alleged violation. The notice must include the
following:
(1) The name and address of the owner of the motor vehicle or
the vehicle being towed by a motor vehicle.
(2) The license plate number of the motor vehicle or the
vehicle being towed by a motor vehicle.
(3) The violation charged.
(4) The location of the violation.
(5) The date and time of the violation.
(6) A copy of, and information on how to view through
electronic means, the recorded image of the violation.
(7) A signed statement or electronically generated affirmation
by a police officer who has:
(A) reviewed the recorded image; and
(B) determined that the motor vehicle or the vehicle being
towed by a motor vehicle violated a speed limit established
under IC 9-21-5-11(a).
(8) The amount of the civil penalty imposed for the violation.
(9) The date by which the civil penalty must be paid if the
owner of the vehicle:
(A) does not desire to contest the violation; and
(B) wishes to avoid paying court costs.
The civil penalty must be paid not later than thirty (30) days
after the issuance date of the violation notice if a defense does
not apply, or not later than forty-five (45) days after the
issuance date of the violation notice if a defense requires the
violation notice to be sent to another person.
(10) A statement that the recorded image of the violation is
prima facie evidence of a violation.
(11) The procedure under which the notice of violation may be
contested, and the procedure and conditions under which the
responsibility for payment of the civil penalty may be
transferred to another individual who was operating the
motor vehicle at the time of the violation.
(c) The department shall establish a process by which the
department, authority, or agent, as applicable, shall notify the
bureau of an owner's failure to pay a fine, charge, or other
assessment for a worksite temporary maximum speed violation
following the expiration of the deadline determined under rules
adopted under subsection (b)(9).
(b) In the prosecution of a worksite temporary maximum speed limit violation:
(1) it is presumed that any notice of nonpayment was received on the fifth day after the date of mailing; and
(2) a computer record of the department, the authority, or the operator or the registered owner of the motor vehicle is prima facie evidence of its contents and that the worksite temporary maximum speed limit violator was the registered owner of the motor vehicle at the time of the underlying event of nonpayment.
Chapter 3.6. Automated Traffic Enforcement Safety Devices
Sec. 1. As used in this chapter, "agent" means a person that:
(1) provides services to a county, municipality, or school corporation;
(2) operates, maintains, leases, or licenses automated traffic enforcement safety devices as authorized by a county, municipality, or school corporation;
(3) is authorized to review and assemble the recorded images captured by an automated traffic enforcement safety device for review by a law enforcement officer or agency; or
(4) is any combination of subdivisions (1) through (3).
Sec. 2. As used in this chapter, "municipality" has the meaning set forth in IC 36-1-2-11.
Sec. 3. As used in this chapter, "owner" means a person in whose name a motor vehicle is registered under any of the following:
(1) IC 9-18.
(2) The law of another state.
(3) The law of a foreign country.
(4) The International Registration Plan.
Sec. 4. As used in this chapter, "postsecondary educational institution" means a postsecondary school that provides an organized two (2) year or longer program of collegiate grade directly creditable toward a baccalaureate degree.
Sec. 5. A school corporation may use an automated traffic enforcement safety device on a school bus to detect and enforce violations of IC 9-21-12-1(a). A school corporation may enter into an interlocal agreement with a county or municipality for the installation, use, and enforcement of an automated traffic enforcement safety device on a school bus used to transport children to and from school. A county or municipality may pass an ordinance regarding the use of automated traffic enforcement safety devices that are the subject of an interlocal agreement. A school corporation may enter into an agreement with an agent for the placement of automated traffic enforcement safety devices on school buses and enforcement to carry out this chapter.
Sec. 6. Notwithstanding IC 36-1-3-8(a)(8):
(1) a county, with respect to highways located in unincorporated areas, including state highways within its
jurisdiction; and
(2) a municipality, with respect to highways located within the
respective jurisdictions, including state highways;
may adopt and enforce an ordinance that complies with this
chapter and allows for the use of automated traffic enforcement
safety devices to enforce the traffic violations set forth in section 10
of this chapter.
Sec. 7. A municipality, county, or school corporation that uses
an automated traffic enforcement safety device may enter into a
contract with an agent for the installation, operation, notice
processing, and administration and maintenance of the automated
traffic enforcement safety device.
Sec. 8. A municipality, county, or school corporation may act
under IC 36-1-7 to carry out this chapter.
Sec. 9. A municipality or county that uses an automated traffic
enforcement safety device for the purposes of traffic enforcement
must adopt an ordinance concerning the use of the automated
traffic enforcement safety devices and publish notice of the location
of the automated traffic enforcement safety devices on the Internet
web site of the municipality or county. The ordinance must provide
that:
(1) a challenge to the implementation of an automated traffic
enforcement safety device or the adoption of an ordinance
under this chapter against a municipality may be brought
only in accordance with IC 34-13-6;
(2) an automated traffic enforcement safety device placed in
the municipality or county under the authority of this chapter
may be operated only between the hours of 6 a.m. and 8 p.m;
(3) an automated traffic enforcement safety device placed in
the municipality or county must comply with an international
standard for operating the speed monitoring system, if the
device is capable of monitoring speed;
(4) the municipality or county that places an automated traffic
enforcement safety device:
(A) that is capable of monitoring speed; and
(B) in a school speed zone or highway work zone;
must maintain a speed monitoring system in accordance with
specified self test performance standards;
(5) an amount of any money collected for the violation of the
ordinance must be applied to the costs of the installation,
operation, and maintenance of the automated traffic
enforcement safety devices in the municipality;
(6) a police officer:
(A) must review and approve a recorded image before the recorded image of the ordinance violation may be forwarded to the registered owner of the motor vehicle or the vehicle being towed by a motor vehicle; and
(B) may not forward notice to the registered owner if, in the opinion of the police officer, it was not possible for the operator of the vehicle to safely avoid committing the violation due to inclement weather conditions; and
(7) a notice of the ordinance violation may be contested according to certain procedures that permit the owner that has received the notice of ordinance violation to:
(A) request a hearing, within twenty-five (25) days after the mailing of the notice of the ordinance violation, by:
(i) mailing a request in writing; or
(ii) appearing during regular office hours of the county or municipality, either in person or by an authorized agent of the owner;
(B) have the matter scheduled for a hearing before a court or a hearing officer designated by the municipality or county at a date, time, and place of which the owner will be notified in a writing sent by first class mail to the owner;
(C) attend an informal hearing on the ordinance violation; and
(D) appeal an adverse ruling in a proceeding at which the ordinance violation shall be heard and decided de novo.
Sec. 10. An ordinance adopted under section 6 of this chapter may provide for the use of an automated traffic enforcement safety device only in the following instances:
( 1) A municipality or county, after consultation with the Indiana department of transportation, may establish speed limits by ordinance on state highways upon which an elementary school (as defined in IC 20-18-2-4), high school (as defined in IC 20-18-2-7), or a postsecondary educational institution is located, if the detection of violations of this subdivision will be performed by an automated traffic enforcement safety device. However, a speed limit established under this subdivision is valid only if the following conditions exist:
(A) The speed limit is not less than twenty (20) miles per hour.
(B) The speed zone does not exceed two thousand five
hundred (2,500) feet from the perimeter of the school or
institution.
(C) The speed zone is properly signed. There must be a
sign located where the speed zone begins or as near as
practical to the point where the speed zone begins
indicating the speed limit.
(D) The automated traffic enforcement safety device may
not be used after 8 p.m. and before 6 a.m.
(E) The Indiana department of transportation has been
notified by certified mail regarding the location and speed
limit of the speed zone.
(2) A municipality or county may establish speed limits on a
street or highway upon which an elementary school (as
defined in IC 20-18-2-4), a high school (as defined in
IC 20-18-2-7), or a postsecondary educational institution is
located, if the detection of violations of this subdivision will be
performed by an automated traffic enforcement safety device
on the street or highway under the jurisdiction of the
municipality or county, respectively. However, a speed limit
established under this subdivision is valid only if the following
conditions exist:
(A) The speed limit is not less than twenty (20) miles per
hour within an urban district and not less than thirty (30)
miles per hour outside an urban district.
(B) The speed zone does not exceed two thousand five
hundred (2,500) feet from the perimeter of the school or
institution.
(C) The speed zone is properly signed. There must be a
sign located where the speed zone begins or as near as
practical to the point where the speed zone begins
indicating the speed limit and if the school operates on a
twelve (12) month schedule, there must be a sign indicating
that the school is an all year school.
(D) The automated traffic enforcement safety device may
not be used after 8 p.m. and before 6 a.m.
(3) In accordance with IC 9-21-5-11, a municipality or a
county may establish temporary maximum speed limits in
their respective jurisdictions and in the vicinity of a worksite
without conducting an engineering study and investigation
required under IC 9-21-5. The municipality or county must
post signs notifying the traveling public of the temporary
maximum speed limits established under this subdivision.
Worksite speed limits set under this subdivision must be at
least ten (10) miles per hour below the maximum established
speed limit and may be enforced by an automated traffic
enforcement safety device only if:
(A) workers are present in the immediate vicinity of the
worksite; or
(B) workers are not present in the immediate vicinity of the
worksite, and the municipality or county determines that
the safety of the traveling public requires enforcement of
the worksite speed limit.
Sec. 11. (a) An ordinance adopted under section 6 of this chapter
must specify the following:
(1) That, except as provided in subdivision (2), the owner of a
motor vehicle commits a violation of the ordinance when the
automated traffic enforcement safety device produces a
recorded image of the motor vehicle or the vehicle being
towed by a motor vehicle proceeding at a speed in violation of
a speed limit established under section 10 of this chapter.
(2) That, if the owner of a motor vehicle establishes a defense
under section 15 or 16 of this chapter, the person:
(A) identified as having the care, custody, or control of the
motor vehicle under section 15 of this chapter; or
(B) identified as the person driving the motor vehicle under
section 16 of this chapter;
at the time of the violation commits the violation of the
ordinance if the automated traffic enforcement safety device
produces a recorded image of the motor vehicle or the vehicle
being towed by a motor vehicle proceeding at a speed in
violation of a speed limit established under section 10 of this
chapter.
(3) That payment of a civil penalty for the violation of the
ordinance adopted under section 6 of this chapter may be
made by electronic means.
(4) That the failure to pay timely a violation of an ordinance
adopted under section 6 of this chapter will result in the
suspension of the person's motor vehicle registration and the
inability of the person to transfer the title to the motor vehicle
that was used to commit the ordinance violation.
(b) The county, municipality, or the agent shall mail the owner
of a motor vehicle or a vehicle being towed by a motor vehicle
committing a violation of an ordinance adopted under section 6 of
this chapter notice of the ordinance violation by first class mail
postmarked not later than thirty (30) days after obtaining the
name and address of the owner of the motor vehicle or the vehicle
being towed by a motor vehicle and not more than sixty (60) days
after the date of the alleged violation. The notice must include the
following:
(1) The name and address of the owner of the motor vehicle or
the vehicle being towed by a motor vehicle.
(2) The license plate number of the motor vehicle or the
vehicle being towed by a motor vehicle.
(3) The violation charged.
(4) The location of the violation of the ordinance.
(5) The date and time of the violation.
(6) A copy of, and information on how to view through
electronic means, the recorded image of the ordinance
violation.
(7) A signed statement or electronically generated affirmation
by a local police officer who has:
(A) reviewed the recorded image; and
(B) determined that the motor vehicle or the vehicle being
towed by a motor vehicle violated the ordinance.
(8) The amount of the civil penalty imposed for the violation.
(9) The date by which the civil penalty must be paid if the
owner of the vehicle:
(A) does not desire to contest the violation; and
(B) wishes to avoid paying court costs.
The civil penalty must be paid not later than thirty (30) days
after the issuance date of the violation notice if a hearing has
not been requested under the procedures described in section
9(7) of this chapter or a defense described in section 15, 16, or
17 of this chapter does not apply, or not later than forty-five
(45) days after the issuance date of the violation notice if a
defense described in section 15, 16, or 17 of this chapter
requires the violation notice to be sent to another person.
(10) A statement that the recorded image of the violation of
the ordinance is prima facie evidence of a violation of the
ordinance.
(11) The procedure under which the notice of violation may be
contested, and the procedure and conditions under which the
responsibility for payment of the civil penalty may be
transferred to another individual who was operating the
motor vehicle at the time of the ordinance violation.
Sec. 12. Before enforcing an ordinance adopted under section 6
of this chapter, the municipality or county that uses an automated
traffic enforcement safety device for purposes of detecting a
violation of this chapter must install a warning sign at least five
hundred (500) feet in advance of the location at which an
automated traffic enforcement safety device is located. An advance
warning sign must:
(1) notify the operators of vehicles of the existence of the
automated traffic enforcement safety devices; and
(2) be in conformance with the Indiana Manual on Uniform
Traffic Control Devices for Streets and Highways adopted
under IC 9-21-2-1.
Sec. 13. (a) A school corporation that uses an automatic traffic
enforcement safety device under this chapter must forward the
recorded image to the local law enforcement agency for review and
approval by a police officer of the local law enforcement agency
who:
(1) must review and approve a recorded image before the
recorded image of the infraction violation may be forwarded
to the registered owner of the motor vehicle or the vehicle
being towed by a motor vehicle; and
(2) may not forward notice to the registered owner if, in the
opinion of the police officer, it was not possible for the
operator of the vehicle to safely avoid committing the
violation due to inclement weather conditions.
(b) The local law enforcement agency shall mail the owner of a
motor vehicle or a vehicle being towed by a motor vehicle that has
committed a violation of IC 9-21-12-1(a) a complaint and summons
in conformance with IC 9-30-3-6 stating the notice of the violation
by first class mail postmarked not later than thirty (30) days after
obtaining the name and address of the owner of the motor vehicle
or the vehicle being towed by a motor vehicle and not more than
sixty (60) days after the date of the alleged violation. The complaint
and summons must include the following:
(1) The name and address of the owner of the motor vehicle or
the vehicle being towed by a motor vehicle.
(2) The license plate number of the motor vehicle or the
vehicle being towed by a motor vehicle.
(3) The violation charged.
(4) The location of the violation of IC 9-21-12-1(a).
(5) The date and time of the violation.
(6) A copy of, and information on how to view through
electronic means, the recorded image of the violation.
(7) A signed statement or electronically generated affirmation by the local police officer who has:
(A) reviewed the recorded image; and
(B) determined that the motor vehicle or the vehicle being towed by a motor vehicle violated IC 9-21-12-1(a).
(8) The amount of the civil judgment imposed for the infraction.
(9) The date by which the civil judgment for the infraction must be paid if the owner of the vehicle does not desire to contest the violation. The civil judgment must be paid not later than thirty (30) days after the issuance date of the complaint and summons if a defense described in section 15 or 16 of this chapter does not apply, or not later than forty-five (45) days after the issuance date of the complaint and summons if a defense described in section 15 or 16 of this chapter requires the complaint and summons to be sent to another person.
(10) A statement that the recorded image of the violation of IC 9-21-12-1(a) is prima facie evidence of a violation of IC 9-21-12-1(a).
(11) The procedure under which the complaint and summons may be contested, and the procedure and conditions under which the responsibility for payment of the civil judgment may be transferred to another individual who was operating the motor vehicle at the time of the violation.
Sec. 14. (a) An ordinance adopted under section 6 of this chapter:
(1) notwithstanding IC 36-1-3-8(a)(10)(B), must impose a civil penalty:
(A) of not more than two hundred fifty dollars ($250) for a violation of speed limits established under section 10(1) or 10(2) of this chapter; and
(B) for a violation of a temporary maximum speed limit established under section 10(3) of this chapter, the following:
(i) If the person has not previously committed a violation of a speed limit established under section 10(3) of this chapter in the municipality, a civil penalty of at least three hundred dollars ($300).
(ii) If the person has committed one (1) violation of a speed limit established under section 10(3) of this chapter in the municipality in the previous three (3)
years, a civil penalty of at least five hundred dollars
($500);
(2) may impose a fee associated with the electronic processing
of the payment of the civil penalty imposed for a violation of
the ordinance; and
(3) must require that a part of the civil penalty imposed for a
violation of the ordinance shall be applied to defray the cost
of the installation, operation, and maintenance of the
automatic traffic enforcement safety device first and the
remaining funds from the civil penalty be distributed in the
following manner:
(A) For a violation of section 10(1) or 10(2) of this chapter,
the following distributions:
(i) Forty percent (40%) shall be transferred to the
general fund of the local authority.
(ii) Thirty percent (30%) shall be transferred to the
trauma care hospital fund established by IC 16-21-10-2.
(iii) Ten percent (10%) shall be transferred to the county
law enforcement continuing education program
established by IC 5-2-8-1(b).
(iv) Ten percent (10%) shall be transferred to the local
law enforcement continuing education program
established under IC 5-2-8-2(b), if the local authority in
which the citation was issued has a local law enforcement
continuing education program. If the local authority in
which the citation was issued does not have a local law
enforcement continuing education program, ten percent
(10%) shall be transferred to the county law
enforcement continuing education program established
by IC 5-2-8-1(b).
(v) Ten percent (10%) shall be transferred to the
regional public safety training fund established by
IC 10-15-3-12.
(B) For a violation of section 10(3) of this chapter, the
following distributions:
(i) Forty percent (40%) shall be transferred to the
general fund of the local authority.
(ii) Twenty percent (20%) shall be transferred to the
trauma care hospital fund established by IC 16-21-10-2.
(iii) Twenty percent (20%) shall be transferred to the
motor vehicle highway account established under
IC 8-14-1.
(iv) Ten percent (10%) shall be transferred for deposit as a highway work zone fee under IC 33-37-7-8(d)(3).
(v) Ten percent (10%) shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
(b) Notwithstanding IC 34-28-5-4(a), a violation of IC 9-21-12-1(a) detected under this chapter:
(1) must impose a civil judgment of not more than two hundred fifty dollars ($250) for a violation;
(2) may impose a fee associated with the electronic processing of the payment of the civil judgment imposed for a violation of IC 9-21-12-1(a); and
(3) must require that a part of the civil judgment imposed for a violation of IC 9-21-12-1(a) shall be applied to defray the cost of the installation, operation, and maintenance of the automatic traffic enforcement safety device first and the remaining funds from the civil judgment be distributed in the following manner:
(A) Forty percent (40%) shall be transferred to the general fund of the local authority.
(B) Thirty percent (30%) shall be transferred to the trauma care hospital fund established by IC 16-21-10-2.
(C) Ten percent (10%) shall be transferred to the county law enforcement continuing education program established by IC 5-2-8-1(b).
(D) Ten percent (10%) shall be transferred to the local law enforcement continuing education program established under IC 5-2-8-2(b), if the local authority in which the citation was issued has a local law enforcement continuing education program. If the local authority in which the citation was issued does not have a local law enforcement continuing education program, ten percent (10%) shall be transferred to the county law enforcement continuing education program established by IC 5-2-8-1(b).
(E) Ten percent (10%) shall be transferred to the regional public safety training fund established by IC 10-15-3-12.
Sec. 15. (a) It is a defense in a proceeding to enforce this chapter if the owner provides to the ordinance violations bureau, court, agent for the municipality or county, or local law enforcement agency an affidavit signed under the penalties of perjury stating:
(1) that, at the time of the alleged violation, the owner was
engaged in the business of renting or leasing vehicles under
written agreements;
(2) that, at the time of the alleged violation, the vehicle was in
the care, custody, or control of a person (other than the owner
or an employee of the owner of the motor vehicle or the
vehicle being towed by a motor vehicle) under a written
agreement for the rental or lease of the motor vehicle or the
vehicle being towed by a motor vehicle for a period of not
more than sixty (60) days; and
(3) the name and address of the person who was renting or
leasing the motor vehicle or the vehicle being towed by a
motor vehicle at the time of the alleged violation.
(b) It is a defense in a proceeding to enforce this chapter if the
owner provides to the ordinance violations bureau, court, agent for
the municipality or county, or local law enforcement agency an
affidavit signed under the penalties of perjury stating that, at the
time of the alleged violation, the dealer plates that the vehicle bore
were issued to a person licensed under IC 9-23-2-1, and:
(1) that, at the time of the alleged violation, the vehicle was in
the care, custody, or control of a person (other than the owner
or an employee of the owner of the motor vehicle or the
vehicle being towed by a motor vehicle) using dealer license
plates as authorized under IC 9-18-26-6, IC 9-18-26-7, or
IC 9-18-26-8; and
(2) the name and address of the person who was using the
motor vehicle or the vehicle being towed by a motor vehicle at
the time of the alleged violation.
(c) If the owner of a motor vehicle or a vehicle being towed by
a motor vehicle meets the requirements of subsection (a) or (b), the
ordinance violations bureau, court, agent for the municipality or
county, or local law enforcement agency shall mail or electronically
transfer a notice of the ordinance violation citation or a summons
and complaint to the person having the care, custody, or control of
the motor vehicle or the vehicle being towed by a motor vehicle at
the time of the violation. The proof required under subsection (a)
or (b) creates a rebuttable presumption that the person having the
care, custody, or control of the motor vehicle or the vehicle being
towed by a motor vehicle at the time of the violation was the
operator of the motor vehicle at the time of the violation. The
notice required under this subsection must contain the following:
(1) The information described in section 11(b) of this chapter.
(2) A statement that the person receiving the notice was
identified by the owner of the motor vehicle or the vehicle
being towed by a motor vehicle as the person having the care,
custody, or control of the motor vehicle at the time of the
violation.
(3) A statement that a person may offer a defense as described
in this section and sections 16 and 17 of this chapter.
Sec. 16. (a) It is a defense to a proceeding to enforce this chapter
if the owner provides to the ordinance violations bureau, court,
agent for the local authority, or local law enforcement agency an
affidavit signed under the penalties of perjury stating:
(1) that the owner was not operating the motor vehicle or the
motor vehicle towing a vehicle at the time of the alleged
violation and the name and address of the person operating
the motor vehicle or the vehicle being towed by a motor
vehicle at the time of the alleged violation; or
(2) that:
(A) the motor vehicle; or
(B) the license plate of the motor vehicle or the vehicle
being towed by the motor vehicle;
had been stolen before the alleged violation occurred and was
not under the control or possession of the owner at the time of
the alleged violation. In addition to the affidavit described in
this subsection, the owner must submit proof that a police
report was filed concerning the stolen motor vehicle or stolen
license plate.
(b) If the owner of a motor vehicle or a vehicle being towed by
a motor vehicle submits the evidence required under subsection
(a)(1), the ordinance violations bureau, court, agent for the local
authority, or local law enforcement agency shall mail a notice of
the ordinance violation or an information to the person identified
as the person operating the motor vehicle at the time of the
violation. The proof required under subsection (a)(1) creates a
rebuttable presumption that the person identified in the affidavit
required under subsection (a) was the operator of the motor
vehicle at the time of the violation. The notice required under this
subsection must contain the following:
(1) The information described in section 11(b) of this chapter.
(2) A statement that the person receiving the notice was
identified by the owner of the motor vehicle as the person
operating the motor vehicle at the time of the violation.
Sec. 17. It is a defense to a proceeding to enforce an ordinance
adopted under section 6 of this chapter that any of the following
apply:
(1) IC 9-21-1-8(b)(3) (a person driving an authorized
emergency vehicle may exceed the maximum speed limits if
the person who drives the vehicle does not endanger life or
property).
(2) IC 9-21-8-1 (complying with a lawful order or direction of
a law enforcement officer).
(3) IC 9-21-8-35(a) (yielding right-of-way to authorized
emergency vehicles).
(4) IC 9-21-13-1 (funeral procession).
(5) A traffic citation was issued to the operator of the motor
vehicle for the violation by a police officer.
Sec. 18. If it appears from the records of the municipality,
county, or local law enforcement agency that a person has failed to
pay a violation before the deadlines established by this chapter
without notification of an intent to contest the violation, the
municipality, county, or local law enforcement agency shall send
a notice to the person who is the registered owner of the motor
vehicle or the vehicle being towed by a motor vehicle. The notice
must inform the registered owner of the following:
(1) That the municipality or county will send a referral to the
bureau if the violation is not paid within thirty (30) days after
the notice was mailed.
(2) That the referral will result in the suspension of the
registration of the motor vehicle or the vehicle and the
certificate of title of the motor vehicle or vehicle may not be
transferred if the violation is not paid.
Sec. 19. A municipality, county, agent, or local law enforcement
agency shall send a referral to the bureau not later than thirty (30)
days after the notice referenced in section 18 of this chapter was
mailed if a violation of this chapter has not been contested and has
not been paid. The referral to the bureau must include the
following:
(1) Any information known or available to the municipality,
county, or local law enforcement agency concerning the
license plate number and year of registration and the name of
the owner of the motor vehicle or the vehicle being towed by
a motor vehicle.
(2) The date on which the violation occurred.
(3) The date when the notice required under section 18 of this
chapter was mailed.
(4) The seal of the local authority.
Sec. 20. If the bureau receives a referral under section 19 of this
chapter, the bureau shall suspend the registration of the motor
vehicle or the vehicle being towed by a motor vehicle and shall
place a notice in the records of the bureau that the certificate of
title for the motor vehicle or vehicle may not be transferred. The
bureau or agent shall mail a notice to the person in whose name the
motor vehicle or vehicle is registered within thirty (30) days that:
(1) informs the person that the registration of the motor
vehicle or vehicle has been suspended, that the certificate of
title for the motor vehicle or vehicle may not be transferred,
and that the reason for these actions was the failure to pay an
ordinance violation adopted under section 6 of this chapter;
and
(2) explains what the person must do to have the registration
reinstated and the records of the bureau amended.
Sec. 21. The bureau shall reinstate the registration of a motor
vehicle or vehicle that is suspended and shall allow the certificate
of title for the motor vehicle or vehicle to be transferred if the
following occur:
(1) Any person presents the bureau with adequate proof that
the violation notice has been paid.
(2) A reinstatement fee under IC 9-29-5 has been paid, if
applicable.
Sec. 22. (a) The county, municipality, agent, school corporation,
or local law enforcement agency shall destroy the recorded images
produced by an automated traffic enforcement safety device that
do not identify a violation of this chapter not more than thirty (30)
days after the image was recorded, unless otherwise ordered by a
court with jurisdiction.
(b) The county, municipality, agent, school corporation, or local
law enforcement agency shall destroy the recorded images
produced by an automated traffic enforcement safety device that
show an alleged violation of this chapter not more than ninety (90)
days after the final disposition of payment in full of the civil
penalty or civil judgment or final disposition of a court proceeding
to which the recorded image pertains, including any appeals, unless
otherwise ordered by a court with jurisdiction.
Sec. 23. (a) The acts of an agent performing the duties of an
agent do not require the agent to be licensed under IC 25-30-1.
(b) The records, documents, and books kept by an agent are not
considered to be public records as defined in IC 5-14-3-2(n).
Sec. 24. (a) The bureau may not assess points under the point
system for a violation of an ordinance adopted under section 6 of
this chapter or of IC 9-21-12-1(a) enforced under this chapter.
(b) A violation of an ordinance adopted under section 6 of this
chapter or of IC 9-21-12-1(a) enforced under this chapter is not
considered to be a traffic offense or violation for purposes of
IC 9-14-3-7(b)(1)(A), IC 9-24-18-9, or IC 9-30-3-14.
(c) Information concerning a violation of an ordinance adopted
under section 6 of this chapter or of IC 9-21-12-1(a) enforced
under this chapter may not be included on a driving record
established and maintained by the bureau.
(d) A violation of an ordinance adopted under section 6 of this
chapter or of IC 9-21-12-1(a) enforced under this chapter shall not
be used to determine rates for motor vehicle insurance.
Sec. 25. An employee of an agent, a local police officer, or an
employee of the county or municipality is not liable for any loss
while acting within the scope of the person's employment under
this chapter or of an ordinance adopted under section 6 of this
chapter.
(1) Decrease the limit within urban districts, but not to less than twenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to more than fifty-five (55) miles per hour during daytime and fifty (50) miles per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to less than thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5) miles per hour.
(5) Increase the limit in an alley, but to not more than thirty (30) miles per hour.
The local authority must perform an engineering and traffic investigation before a determination may be made to change a speed limit under subdivision (2), (3), (4), or (5) or before the speed limit
within an urban district may be decreased to less than twenty-five (25)
miles per hour under subdivision (1).
(b) Except as provided in subsection (f), a local authority in the
authority's jurisdiction shall determine by an engineering and traffic
investigation the proper maximum speed for all local streets and shall
declare a reasonable and safe maximum speed permitted under this
chapter for an urban district. However, an engineering and traffic study
is not required to be performed for the local streets in an urban district
under this subsection if the local authority determines that the proper
maximum speed in the urban district is not less than twenty-five (25)
miles per hour.
(c) An altered limit established under this section is effective at all
times or during hours of darkness or at other times as may be
determined when appropriate signs giving notice of the altered limit are
erected on the street or highway.
(d) Except as provided in this subsection and, notwithstanding
IC 36-1-3-8(a), in IC 9-21-3.6, a local authority may not alter a speed
limit on a highway or extension of a highway in the state highway
system. A city or town may establish speed limits on state highways
upon which a school is located. However, a speed limit established
under this subsection is valid only if the following conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed. After June 30, 2011, there
must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reduced speed
zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zone
indicating:
(i) the speed limit for the section of highway that follows; or
(ii) the end of the reduced speed zone.
(5) The Indiana department of transportation has been notified of
the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not less than
fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground established
under IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
(f) A city, town, or county may establish speed limits on a street or highway upon which a school is located if the street or highway is under the jurisdiction of the city, town, or county, respectively. However, a speed limit established under this subsection is valid only if the following conditions exist:
(1) The limit is not less than:
(A) twenty (20) miles per hour within an urban district; and
(B) thirty (30) miles per hour outside an urban district.
(2) The limit is imposed only in the immediate vicinity of the school.
(3) Children are present.
(4) The speed zone is properly signed. After:
(A) June 30, 2011, there must be:
(i) a sign located where the reduced speed zone begins or as near as practical to the point where the reduced speed zone begins indicating the reduced speed limit; and
(ii) a sign located at the end of the reduced speed zone indicating the end of the reduced speed zone; and
(B) June 30, 2012, if the school operates on a twelve (12) month schedule, there must be a sign indicating that the school is an all year school.
Notwithstanding IC 36-1-3-8(a), a city, town, or county may establish speed limits on a street or highway upon which a school is located if the street or highway is under the jurisdiction of the city, town, or county, respectively, under IC 9-21-3.6.
(1) meets or overtakes from any direction a school bus stopped on a roadway and is not stopped before reaching the school bus when the arm signal device specified in IC 9-21-12-13 is in the device's extended position; or
(2) proceeds before the arm signal device is no longer extended;
commits the offense described in section 9 of this chapter.
(b) This section is applicable only if the school bus is in substantial
compliance with the markings required by the state school bus
committee.
(c) There is a rebuttable presumption that the owner of the vehicle
involved in the violation of this section committed the violation. This
presumption does not apply to the owner of a vehicle involved in the
violation of this section if the owner routinely engages in the business
of renting the vehicle for periods of thirty (30) days or less.
(d) A violation of subsection (a) may be enforced by means of an
automated traffic enforcement safety device under IC 9-21-3.6.
(1) four dollars ($4) for each record requested in writing; and
(2) a fee to be determined by the bureau not to exceed four dollars ($4), in conformance with IC 5-14-3-8, for each record requested electronically through the computer gateway administered under IC 4-13.1-2-2(a)(5) by the office of technology;
plus any service fee charged by the office of technology established by IC 4-13.1-2-1.
(b) The fee to obtain information regarding a license, vehicle registration, or permit under IC 9-14-3-5 is four dollars ($4) for a record requested either:
(1) in writing; or
(2) electronically through the computer gateway administered under IC 4-13.1-2-2(a)(5) by the office of technology;
plus any service fee charged by the office of technology established by IC 4-13.1-2-1.
(c) The fee imposed by this section and paid to the bureau is in lieu of fees established under IC 5-14-3-8 and does not apply to:
(1) a law enforcement agency;
(2) an agency of government; or
(3) a contractor in carrying out the duties of the contractor in IC 9-21-3.5-15 or an agent in carrying out the responsibilities of the agent in IC 9-21-3.6.
month period a person has committed moving traffic violations for
which the person has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school program approved by the bureau. The
person shall pay all applicable fees required by the bureau.
(b) This subsection applies to an individual who holds a
probationary license under IC 9-24-11-3.3 or is less than eighteen (18)
years of age. An individual is required to attend and satisfactorily
complete a defensive driving school program approved by the bureau
if either of the following occurs at least twice or if both of the following
have occurred when the individual was less than eighteen (18) years of
age:
(1) The individual has been convicted of a moving traffic offense
(as defined in section 14(a) 14(b) of this chapter), other than an
offense that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving privileges of any person
who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-37-4-2, any court may suspend one-half
(1/2) of each applicable court cost (including fees) for which a person
is liable due to a traffic violation if the person enrolls in and completes
a defensive driving school or a similar school conducted by an agency
of the state or local government.
(1) The name and address of the person convicted.
(2) The name and address of the owner of the motor vehicle.
(3) The offense upon which the conviction was made.
(4) The date of arrest of the person convicted and the location of the place of the offense.
(5) The license plate number of the motor vehicle.
(6) The operator's or chauffeur's license number of the person convicted.
(7) The date of the conviction and the name of the court making the conviction.
Chapter 10. Trauma Care Hospital Fund
Sec. 1. As used in this chapter, "fund" refers to the trauma care
hospital fund established by section 2 of this chapter.
Sec. 2. (a) The trauma care hospital fund is established to assist
in funding a trauma care system to prevent injuries, save lives, and
improve the care and outcome of individuals injured in Indiana.
(b) The fund shall be administered by the state department.
(c) The fund consists of:
(1) appropriations;
(2) gifts and bequests;
(3) fees deposited in the fund under IC 9-21-3.6; and
(4) grants received from the federal government or private
sources.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(f) Money in the fund at the end of the state fiscal year does not
revert to the state general fund.
(g) The money in the fund is continuously appropriated for the
purposes of the fund.
Sec. 3. The fund must be used to establish and maintain an
appropriate level of trauma care access in Indiana.
Sec. 4. (a) The state department shall make quarterly payments
from the fund to a hospital with a Level 1 or a Level 2 trauma care
center. The state department shall determine the amount to be paid
to a trauma care center hospital described in this section, factoring
in the following:
(1) Whether the hospital is designated as a Level 1 or a Level
2 trauma care center.
(2) The number of trauma care patients provided care by the
trauma care center in the previous quarter.
(b) The state department may determine whether to make a
payment from the fund to a hospital that is attempting to obtain
Level 1 or Level 2 trauma care center designation based on
whether there is an unmet trauma care need in the area of Indiana
where the hospital is located.
Sec. 5. The state department shall adopt rules under IC 4-22-2
to implement this chapter.
accordance with IC 9-21-3.6.
(b) As used in this chapter, "rating plan" means the rating schedule or rating plan of an insurer concerning premium rates for motor vehicle insurance that has been filed with the commissioner and is in effect under section 4 of this chapter.
(c) An insurer may not set the premium rate for a policy of motor vehicle insurance for an individual who has committed a violation of an ordinance adopted under IC 9-21-3.6-6 or of IC 9-21-12-1(a) enforced under IC 9-21-3.6 at an amount higher than the applicable rate set forth in the rating plan due to the fact that the individual has committed a violation of an ordinance adopted under IC 9-21-3.6-6 or of IC 9-21-12-1(a) enforced under IC 9-21-3.6.
(d) The violation of this section is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of the fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees collected under IC 9-21-3.6-14(a)(3)(B)(iv), IC 33-37-4-1(b)(9), and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(e) The clerk of a city or town court shall distribute monthly to the county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred percent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit fees distributed by a clerk under this subsection in the city or town general fund.
(g) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following:
(1) The public defense administration fee collected under IC 33-37-5-21.2.
(2) The DNA sample processing fees collected under IC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(h) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25.
(i) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26. The funds retained by the city or town shall be prioritized to fund city or town court operations.
(j) The clerk of a city or town court shall distribute semiannually to the auditor of state one hundred percent (100%) of the pro bono legal services fees collected before July 1, 2017, under IC 33-37-5-31. The auditor of state shall transfer semiannually the pro bono legal services fees to the Indiana Bar Foundation (or a successor entity) as the entity designated to organize and administer the interest on lawyers trust accounts (IOLTA) program under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana Bar Foundation shall:
(1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and
(2) use the fees the Indiana Bar Foundation receives under this
subsection to assist or establish approved pro bono legal services
programs.
The handling and expenditure of the pro bono legal services fees
received under this section by the Indiana Bar Foundation (or its
successor entity) are subject to audit by the state board of accounts. The
amounts necessary to make the transfers required by this subsection are
appropriated from the state general fund.
(1) a statute defining an infraction; or
(2) an ordinance, other than a violation of an ordinance adopted under IC 9-21-3.6-6;
that applies when a motor vehicle is in motion.
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8.
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs, and except as provided in subsection (e) , (f), and IC 9-21-5-11(e), the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this section or section 4 of this chapter upon a finding by the court that the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in section 4(h) of this chapter shall be transferred to a dedicated county fund. The money in the dedicated county fund does not revert to the county general fund or state general fund and may be used, after appropriation by the county fiscal body, only for the following purposes:
(1) To pay compensation of commissioners appointed under IC 33-33-49.
(2) To pay costs of the county's guardian ad litem program.
(f) This subsection applies only to a violation of IC 9-21-12-1 that is enforced through IC 9-21-3.6. Notwithstanding subsection (c), funds collected for a violation of IC 9-21-12-1 as a judgment from a person to whom this subsection applies shall be transferred in accordance with IC 9-21-3.6-14(b). To the extent a person to whom this subsection applies is liable for costs for a violation of IC 9-21-12-1, the costs may be deducted only from the judgment and may not cause the person to be liable for an amount greater than the penalty set forth in IC 9-21-3.6-14(b).
(1) an admission of violation before the violations clerk under IC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforce an ordinance must be brought in accordance with IC 34-28-5, section 4 of this chapter, or both.
(c) An ordinance defining a moving traffic violation may not be enforced under IC 33-36 and must be enforced in accordance with IC 34-28-5.
(d) An ordinance adopted under IC 9-21-3.6-6 may be enforced under IC 33-36 or IC 34-28-5.
