Bill Text: IN SB0101 | 2011 | Regular Session | Engrossed


Bill Title: Operator's license and learner's permit issues.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed - Dead) 2011-04-12 - Third reading: defeated; Roll Call 479: yeas 26, nays 64 [SB0101 Detail]

Download: Indiana-2011-SB0101-Engrossed.html


Reprinted

April 12, 2011





ENGROSSED

SENATE BILL No. 101

_____


DIGEST OF SB 101 (Updated April 11, 2011 4:37 pm - DI 96)



Citations Affected: IC 9-24; IC 9-26.

Synopsis: Operator's license and learner's permit issues. Authorizes the bureau of motor vehicles (bureau) to issue a learner's permit to a person at least 15 years and 90 days of age under certain conditions. (Current law authorizes the bureau to issue a learner's permit to a person at least 15 years and 180 days of age.) Provides that beginning September 1, 2011, an individual may receive an operator's license at 16 years and 90 days of age, if the individual has obtained an instructor's certification that the individual has satisfactorily completed an approved driver education course and has fulfilled certain other requirements. Makes technical corrections and removes outdated language.

Effective: Upon passage.





Holdman, Charbonneau, Wyss, Arnold, Leising
(HOUSE SPONSORS _ HINKLE, SOLIDAY)




    January 5, 2011, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.
    January 18, 2011, reported favorably _ Do Pass.
    January 20, 2011, ordered engrossed.
    January 21, 2011, engrossed.
    February 3, 2011, returned to second reading.
    February 7, 2011, re-read second time, amended, ordered engrossed.
    February 8, 2011, engrossed. Read third time, passed. Yeas 41, nays 8.

HOUSE ACTION

    March 28, 2011, read first time and referred to Committee on Roads and Transportation.
    April 4, 2011, amended, reported _ Do Pass.
    April 11, 2011, read second time, amended, ordered engrossed.





Reprinted

April 12, 2011

First Regular Session 117th General Assembly (2011)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 101



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-24-3-1; (11)ES0101.2.1. -->     SECTION 1. IC 9-24-3-1, AS AMENDED BY P.L.101-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Except as otherwise provided in this article, the bureau shall issue an operator's license to an individual who meets the following conditions:
        (1) Satisfies the age requirements set forth in section 2 or 2.5 or 2.7 of this chapter.
        (2) Makes proper application to the bureau under IC 9-24-9 upon a form prescribed by the bureau. Effective July 1, 2010, The form must include a verification concerning the number of hours of supervised driving practice that the individual has completed if the individual is required under section 2.5 or 2.7 of this chapter to complete a certain number of hours of supervised driving practice in order to receive an operator's license.
        (3) Satisfactorily passes the examination and tests required for issuance of an operator's license under IC 9-24-10.
        (4) Pays the fee prescribed by IC 9-29-9.
SOURCE: IC 9-24-3-2.5; (11)ES0101.2.2. -->     SECTION 2. IC 9-24-3-2.5, AS ADDED BY P.L.101-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) This section applies beginning July 1, 2010, and expires August 31, 2011.
    (b) Except as provided in section 3 of this chapter, an individual must satisfy the requirements set forth in one (1) of the following subdivisions to receive an operator's license:
        (1) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and one hundred eighty (180) days of age.
            (B) Has held a valid learner's permit for at least one hundred eighty (180) days.
            (C) Obtains an instructor's certification that the individual has satisfactorily completed an approved driver education course.
            (D) Passes the required examination.
            (E) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
                (i) a licensed instructor or a licensed driver who is at least twenty-five (25) years of age; or
                (ii) the spouse of the individual who is at least twenty-one (21) years of age.
        (2) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and two hundred seventy (270) days of age.
            (B) Has held a valid learner's permit for at least one hundred eighty (180) days.
            (C) Passes the required examination.
            (D) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
                (i) a licensed instructor or a licensed driver who is at least twenty-five (25) years of age; or
                (ii) the spouse of the individual who is at least twenty-one (21) years of age.
        (3) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and one hundred eighty (180) days of age but less than eighteen (18) years of age.
            (B) Has previously been a nonresident of Indiana, but, at the time of application, qualifies as an Indiana resident.
            (C) Holds an unrevoked driver's license, excluding a learner's permit or the equivalent, in the state or a combination of states

in which the individual formerly resided for at least one hundred eighty (180) days.
            (D) Passes the required examination.
        (4) The individual meets the following conditions:
            (A) Is at least eighteen (18) years of age.
            (B) Has previously been a nonresident of Indiana but, at the time of application, qualifies as an Indiana resident.
            (C) Has held an unrevoked operator's, chauffeur's, commercial driver's, or public passenger chauffeur's license from the state of prior residence.
            (D) Passes the required examination.

SOURCE: IC 9-24-3-2.7; (11)ES0101.2.3. -->     SECTION 3. IC 9-24-3-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.7. (a) This section applies beginning September 1, 2011.

    (b) Except as provided in section 3 of this chapter, an individual must satisfy the requirements set forth in one (1) of the following subdivisions to receive an operator's license:
        (1) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and ninety (90) days of age.
            (B) Has held a valid learner's permit for at least one hundred eighty (180) days.
            (C) Obtains an instructor's certification that the individual has satisfactorily completed an approved driver education course.
            (D) Passes the required examination.
            (E) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
                (i) a licensed instructor or a licensed driver who is at least twenty-five (25) years of age; or
                (ii) the spouse of the individual who is at least twenty-one (21) years of age.
        (2) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and two hundred seventy (270) days of age.
            (B) Has held a valid learner's permit for at least one hundred eighty (180) days.
            (C) Passes the required examination.
            (D) Completes at least fifty (50) hours of supervised driving practice, of which at least ten (10) hours are nighttime driving, with:
                (i) a licensed instructor or a licensed driver who is at least twenty-five (25) years of age; or
                (ii) the spouse of the individual who is at least twenty-one (21) years of age.
        (3) The individual meets the following conditions:
            (A) Is at least sixteen (16) years and one hundred eighty (180) days of age but less than eighteen (18) years of age.
            (B) Has previously been a nonresident of Indiana, but, at the time of application, qualifies as an Indiana resident.
            (C) Holds an unrevoked driver's license, excluding a learner's permit or the equivalent, in the state or a combination of states in which the individual formerly resided for at least one hundred eighty (180) days.
            (D) Passes the required examination.
        (4) The individual meets the following conditions:
            (A) Is at least eighteen (18) years of age.
            (B) Has previously been a nonresident of Indiana but, at the time of application, qualifies as an Indiana resident.
            (C) Has held an unrevoked operator's, chauffeur's, commercial driver's, or public passenger chauffeur's license from the state of prior residence.
            (D) Passes the required examination.

SOURCE: IC 9-24-7-1; (11)ES0101.2.4. -->     SECTION 4. IC 9-24-7-1, AS AMENDED BY P.L.101-2009, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This subsection expires June 30, 2010. The bureau shall issue a learner's permit to an individual who meets the following conditions:
        (1) Is at least fifteen (15) years of age.
        (2) If less than eighteen (18) years of age, is not ineligible under IC 9-24-2-1.
        (3) Is enrolled in an approved driver education course.
    (b) This subsection applies beginning July 1, 2010, and expires August 31, 2011. The bureau shall issue a learner's permit to an individual who meets the following conditions:
        (1) Is at least fifteen (15) years and one hundred eighty (180) days of age.
        (2) If less than eighteen (18) years of age, is not ineligible under IC 9-24-2-1.
        (3) Is enrolled in an approved driver education course.
SOURCE: IC 9-24-7-1.1; (11)ES0101.2.5. -->     SECTION 5. IC 9-24-7-1.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) This section applies after August 31,

2011.
    (b) The bureau shall issue a learner's permit to an individual who meets the following conditions:
        (1) Is at least fifteen (15) years and ninety (90) days of age.
        (2) If less than eighteen (18) years of age, is not ineligible under IC 9-24-2-1.
        (3) Is enrolled in an approved driver education course.

SOURCE: IC 9-24-7-2; (11)ES0101.2.6. -->     SECTION 6. IC 9-24-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The bureau shall validate a learner's permit issued under section 1 1.1 of this chapter (or section 1 of this chapter before its expiration) upon certification by the instructor of an approved driver education course that the holder has satisfactorily completed the course.
SOURCE: IC 9-26-1-1.5; (11)ES0101.2.7. -->     SECTION 7. IC 9-26-1-1.5, AS ADDED BY P.L.126-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) If:
        (1) the driver of a vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1(2)(C) of this chapter;
        (2) there is another occupant in the vehicle at the time of the accident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 before its expiration or IC 9-24-7-1.1 or a driver's license issued under IC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of determining the need for and rendering reasonable assistance to injured or entrapped persons as provided in section 1(2)(C) of this chapter; and
        (3) the other occupant in the vehicle knows that the driver of the vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1(2)(C) of this chapter.
    (b) If:
        (1) the driver of a vehicle is physically incapable of giving immediate notice of an accident as required under section 1(3) of this chapter;
        (2) there is another occupant in the vehicle at the time of the

accident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 before its expiration or IC 9-24-7-1.1 or a driver's license issued under IC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of giving notice as provided in section 1(3) of this chapter; and
        (3) the other occupant in the vehicle knows that the driver of the vehicle is physically incapable of giving immediate notice of an accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall immediately give notice of the accident by the quickest means of communication as provided in section 1(3) of this chapter.
    (c) If there is more than one (1) vehicle occupant to whom subsection (a) applies, it is a defense to a prosecution of one (1) vehicle occupant under subsection (a) that the defendant reasonably believed that another occupant of the vehicle determined the need for and rendered reasonable assistance as required under subsection (a).
    (d) If there is more than one (1) vehicle occupant to whom subsection (b) applies, it is a defense to a prosecution of one (1) vehicle occupant under subsection (b) that the defendant reasonably believed that another occupant of the vehicle gave the notice required under subsection (b).

SOURCE: ; (11)ES0101.2.8. -->     SECTION 8. An emergency is declared for this act.

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