HB 1292

                                                            Introduced Version
           HOUSE BILL No. 1292
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-14-13; IC 9-18.1-3-8.5;
IC 9-19-13-1; IC 9-21; IC 9-30-3-14; IC 20-27-10-3.5; IC 27-1-22-29;
IC 27-4-1-4; IC 34-6-2.1-129; IC 34-28-5-5; IC 36-1-6-3.
Synopsis: Automated traffic enforcement safety devices. Authorizes
a county or municipality to adopt and enforce an ordinance that
regulates the use of an automated traffic enforcement safety device
(device) to detect certain violations. Provides a civil penalty for a
violation. Specifies that a civil penalty must first be applied to defray
the cost of the installation, operation, and maintenance of the device.
Specifies the manner in which the remaining money from the civil
penalty must be distributed. Prohibits: (1) reporting a violation on a
driving record; (2) using a violation to determine rates for motor
vehicle insurance; (3) assessing points under the point system by the
bureau of motor vehicles (bureau) for a violation; and (4) reselling data
collected by an agent operating a device. Requires notification to the
bureau, and the suspension of the registration of a motor vehicle if a
violation is not paid. Makes conforming changes.
Effective: July 1, 2026.
                           Johnson B
   January 6, 2026, read first time and referred to Committee on Roads and Transportation.
2026  IN 1292—LS 6313/DI 137
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1292
   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:
1     SECTION 1. IC 9-13-2-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 2.1. "Agent", for purposes of IC 9-21-3.6, has the
4 meaning set forth in IC 9-21-3.6-1.
5     SECTION 2. IC 9-13-2-6.2 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2026]: Sec. 6.2. "Automated traffic enforcement safety device",
8 for purposes of IC 9-21-3.6, has the meaning set forth in
9 IC 9-21-3.6-2.
10     SECTION 3. IC 9-13-2-110.6 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2026]: Sec. 110.6. "Municipality", for
13 purposes of IC 9-21-3.6, has the meaning set forth in IC 36-1-2-11.
14     SECTION 4. IC 9-13-2-121, AS AMENDED BY P.L.164-2020,
15 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2026]: Sec. 121. (a) Except as otherwise provided in
17 subsection subsections (b) and (c), "owner" means a person, other than
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1 a lienholder, that:
2(1) holds the property in or title to, as applicable, a vehicle,
3manufactured home, mobile home, off-road vehicle, snowmobile,
4or watercraft; or
5(2) is entitled to the use or possession of, as applicable, a vehicle,
6manufactured home, off-road vehicle, snowmobile, or watercraft,
7through a lease or other agreement intended to operate as a
8security.
9     (b) "Owner" for purposes of IC 9-18.1-14.5, has the meaning set
10 forth in 33 CFR 174.3.
11     (c) "Owner", for purposes of IC 9-21-3.6, has the meaning set
12 forth in IC 9-21-3.6-4.
13     SECTION 5. IC 9-13-2-128.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 128.5. "Postsecondary
16 educational institution", for purposes of IC 9-21-3.6, has the
17 meaning set forth in IC 9-21-3.6-5.
18     SECTION 6. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
19 SECTION 193, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2026]: Sec. 7. The bureau may disclose certain
21 personal information that is not highly restricted personal information
22 if the person requesting the information provides proof of identity and
23 represents that the use of the personal information will be strictly
24 limited to at least one (1) of the following:
25(1) For use by a government agency, including a court or law
26enforcement agency, in carrying out its functions, or a person
27acting on behalf of a government agency in carrying out its
28functions, including an agent in carrying out its
29responsibilities under IC 9-21-3.6.
30(2) For use in connection with matters concerning:
31(A) motor vehicle or driver safety and theft;
32(B) motor vehicle emissions;
33(C) motor vehicle product alterations, recalls, or advisories;
34(D) performance monitoring of motor vehicles, motor vehicle
35parts, and dealers;
36(E) motor vehicle market research activities, including survey
37research;
38(F) the removal of nonowner records from the original owner
39records of motor vehicle manufacturers; and
40(G) motor fuel theft under IC 24-4.6-5.
41(3) For use in the normal course of business by a business or its
42agents, employees, or contractors, but only:
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1(A) to verify the accuracy of personal information submitted
2by an individual to the business or its agents, employees, or
3contractors; and
4(B) if information submitted to a business is not correct or is
5no longer correct, to obtain the correct information only for
6purposes of preventing fraud by pursuing legal remedies
7against, or recovering on a debt or security interest against, the
8individual.
9(4) For use in connection with a civil, a criminal, an
10administrative, or an arbitration proceeding in a court or
11government agency or before a self-regulatory body, including the
12service of process, investigation in anticipation of litigation, and
13the execution or enforcement of judgments and orders, or under
14an order of a court.
15(5) For use in research activities, and for use in producing
16statistical reports, as long as the personal information is not
17published, redisclosed, or used to contact the individuals who are
18the subject of the personal information.
19(6) For use by an insurer, an insurance support organization, or a
20self-insured entity, or the agents, employees, or contractors of an
21insurer, an insurance support organization, or a self-insured entity
22in connection with claims investigation activities, anti-fraud
23activities, rating, or underwriting.
24(7) For use in providing notice to the owners of towed or
25impounded vehicles.
26(8) For use by a licensed private investigative agency or licensed
27security service for a purpose allowed under this section.
28(9) For use by an employer or its agent or insurer to obtain or
29verify information relating to a holder of a commercial driver's
30license that is required under the Commercial Motor Vehicle
31Safety Act of 1986 (49 U.S.C. 31131 et seq.).
32(10) For use in connection with the operation of private toll
33transportation facilities.
34(11) For any use in response to requests for individual motor
35vehicle records when the bureau has obtained the written consent
36of the person to whom the personal information pertains.
37(12) For bulk distribution for surveys, marketing, or solicitations
38when the bureau has obtained the written consent of the person to
39whom the personal information pertains.
40(13) For use by any person, when the person demonstrates, in a
41form and manner prescribed by the bureau, that written consent
42has been obtained from the individual who is the subject of the
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1information.
2(14) For any other use specifically authorized by law that is
3related to the operation of a motor vehicle or public safety.
4 However, this section does not affect the use of anatomical gift
5 information on a person's driver's license or identification document
6 issued by the bureau, nor does this section affect the administration of
7 anatomical gift initiatives in Indiana.
8     SECTION 7. IC 9-14-13-10, AS ADDED BY P.L.198-2016,
9 SECTION 193, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) An authorized recipient of
11 personal information, except a recipient under section 7(11) or 7(12)
12 of this chapter, and except as provided in subsection (e), may resell
13 or redisclose the information for any use allowed under section 7 of this
14 chapter, except for a use under section 7(11) or 7(12) of this chapter.
15     (b) An authorized recipient of a record under section 7(11) of this
16 chapter may resell or redisclose personal information for any purpose.
17     (c) An authorized recipient of personal information under
18 IC 9-14-12-8 and section 7(12) of this chapter may resell or redisclose
19 the personal information for use only in accordance with section 7(12)
20 of this chapter.
21     (d) Except for a recipient under section 7(11) of this chapter, a
22 recipient who resells or rediscloses personal information is required to
23 maintain and make available for inspection to the bureau, upon request,
24 for at least five (5) years, records concerning:
25(1) each person that receives the information; and
26(2) the permitted use for which the information was obtained.
27     (e) An agent who carries out responsibilities under IC 9-21-3.6
28 and is a recipient of personal information under section 7(1) of this
29 chapter may not resell or redisclose the personal information for
30 any purpose.
31     SECTION 8. IC 9-18.1-3-8.5 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2026]: Sec. 8.5. (a) If the bureau receives a
34 referral to suspend the registration of a vehicle under IC 9-21-3.6,
35 the bureau shall suspend the registration of the vehicle used in the
36 ordinance violation until the owner pays the civil penalty and
37 reinstatement fees under IC 9-21-3.6 and subsection (b).
38     (b) The bureau may impose a fee to reinstate a registration
39 suspended under this section.
40     SECTION 9. IC 9-19-13-1, AS AMENDED BY P.L.1-2005,
41 SECTION 101, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The state school bus
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1 committee established by IC 20-27-3-1 shall adopt and enforce rules
2 under IC 4-22-2 not inconsistent with this chapter to govern the design
3 and operation of all school buses used for the transportation of school
4 children when owned and operated by a school corporation or privately
5 owned and operated under contract with an Indiana school corporation.
6 The rules must by reference be made a part of such a contract with a
7 school corporation. Each school corporation, officer and employee of
8 the school corporation, and person employed under contract by a
9 school district is subject to those rules.
10     (b) Notwithstanding subsection (a), a school corporation may
11 use an automated traffic enforcement safety device on a school bus
12 under IC 9-21-3.6.
13     SECTION 10. IC 9-21-3.6 IS ADDED TO THE INDIANA CODE
14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2026]:
16     Chapter 3.6. Automated Traffic Enforcement Safety Devices
17     Sec. 1. As used in this chapter, "agent" means a person that:
18(1) provides services to a county or municipality;
19(2) operates, maintains, leases, or licenses automated traffic
20enforcement safety devices as authorized by a county or
21municipality; or
22(3) is authorized to review and assemble a recorded image
23captured by an automated traffic enforcement safety device
24for review by a police officer employed by a county or
25municipality.
26     Sec. 2. As used in this chapter, "automated traffic enforcement
27 safety device" means a photographic device, radar device, laser
28 device, or other electrical or mechanical device or devices designed
29 to:
30(1) record the speed of a motor vehicle;
31(2) obtain a clear recorded image of the rear of the motor
32vehicle and the license plate affixed to the motor vehicle at the
33time of a violation;
34(3) indicate on at least one (1) recorded image the date, time,
35and location of the violation; and
36(4) undergo an annual calibration check, the results of which
37are kept on file with the county or municipality that uses the
38automated traffic enforcement safety device.
39     Sec. 3. As used in this chapter, "municipality" means a city or
40 town.
41     Sec. 4. As used in this chapter, "owner" means a person in
42 whose name a motor vehicle is registered under any of the
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1 following:
2(1) IC 9-18.1.
3(2) The law of another state.
4(3) The law of a foreign country.
5(4) The International Registration Plan.
6    Sec. 5. As used in this chapter, "postsecondary educational
7 institution" means a postsecondary school that provides an
8 organized program of collegiate study directly creditable toward
9 a baccalaureate degree for at least two (2) years.
10    Sec. 6. (a) Notwithstanding IC 36-1-3-8(a)(8), a county or
11 municipality may adopt an ordinance to use an automated traffic
12 enforcement safety device to enforce a violation of:
13(1) IC 9-21-12-1(a); or
14(2) a speed limit established under section 11 of this chapter.
15    (b) An ordinance adopted under subsection (a) must be adopted
16 as follows:
17(1) In a municipality, by the legislative body of the
18municipality.
19(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
20legislative body of the county.
21(3) In any other county, by the executive of the county.
22    (c) An ordinance adopted under subsection (a) is subject to an
23 interlocal agreement under IC 36-1-7.
24    Sec. 7. A school corporation may enter into an interlocal
25 agreement under IC 36-1-7 with a county or municipality for the
26 installation, operation, notice processing, administration,
27 maintenance, and enforcement of an automated traffic
28 enforcement safety device on a school bus to enforce a violation
29 under this chapter.
30    Sec. 8. (a) A municipality, county, or school corporation that
31 uses an automated traffic enforcement safety device may enter into
32 a contract with an agent for the installation, operation, notice
33 processing, administration, and maintenance of an automated
34 traffic enforcement safety device.
35    (b) An agent is not required to be licensed under IC 25-30-1.
36    (c) The records, documents, and books kept by an agent are not
37 considered public records (as defined in IC 5-14-3-2(r)).
38    Sec. 9. (a) If a county or municipality adopts an ordinance under
39 section 6 of this chapter, the ordinance must include the following
40 regarding the automated traffic enforcement safety device:
41(1) That an automated traffic enforcement safety device must
42comply with an international standard for operating an
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1      automated traffic enforcement safety device.
2      (2) That the automated traffic enforcement safety device is
3      maintained in accordance with specified self-test performance
4      standards.
5      (3) That an ordinance adopted under this chapter may be
6      challenged pursuant to the requirements of IC 34-13-6.
7    (b) If a county or municipality adopts an ordinance under
8 section 6 of this chapter, the ordinance must include the following
9 regarding a violation:
10      (1) That a police officer employed by the county or
11      municipality:
12(A) must review and approve an image recorded by the
13automated traffic enforcement safety device before notice
14of an ordinance violation may be forwarded to the owner
15of the motor vehicle; and
16(B) may not forward notice of an ordinance violation to an
17owner under clause (A) if, in the opinion of the police
18officer, it was not possible for the operator of the motor
19vehicle to safely avoid committing the ordinance violation
20due to inclement weather conditions.
21      (2) Except as otherwise provided under this chapter, that the
22      owner of a motor vehicle identified through an automated
23      traffic enforcement safety device is liable for the civil penalty
24      for a violation under this chapter.
25      (3) The defenses to a violation under section 14 of this
26      chapter.
27      (4) The civil penalty to be assessed for a violation under
28      section 13 of this chapter.
29      (5) That an owner may pay a civil penalty for a violation by
30      electronic means.
31      (6) That failure to pay the civil penalty for a violation under
32      this chapter will result in the suspension of the registration of
33      the owner's motor vehicle.
34      (7) That a county or municipality may bring an action under
35      IC 36-1-6 to enforce an ordinance or action taken under this
36      chapter.
37    (c) A county or municipality that adopts an ordinance under
38 section 6 of this chapter shall publish notice of the location of each
39 automated traffic enforcement safety device on the website of the
40 county or municipality.
41    Sec. 10. (a) A county or municipality that uses an automated
42 traffic enforcement safety device to detect a violation under this
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1 chapter must install a sign at least five hundred (500) feet before
2 the placement of the automated traffic enforcement safety device.
3    (b) A sign installed under subsection (a) must:
4      (1) notify a driver of the existence of the automated traffic
5      enforcement safety device to enforce a violation under this
6      chapter; and
7      (2) conform to the Indiana Manual on Uniform Traffic
8      Control Devices for Streets and Highways adopted under
9      IC 9-21-2-1.
10    Sec. 11. A county or municipality may adopt an ordinance to
11 establish a speed limit that is enforced by an automated traffic
12 enforcement safety device under this chapter if the following
13 conditions are met:
14      (1) The county or municipality, in consultation with the
15      Indiana department of transportation, may establish a speed
16      limit by ordinance on a state highway upon which an
17      elementary school (as defined in IC 20-18-2-4), a high school
18      (as defined in IC 20-18-2-7), or a postsecondary educational
19      institution is located. However, a speed limit adopted by an
20      ordinance under this subdivision is valid only if the following
21      conditions exist:
22(A) The speed limit is not less than twenty (20) miles per
23hour.
24(B) The speed zone does not exceed two thousand five
25hundred (2,500) feet from the perimeter of the school or
26institution.
27(C) The speed zone is properly signed. There must be a
28sign located where the speed zone begins or as near as
29practical to the point where the speed zone begins
30indicating the speed limit.
31(D) The Indiana department of transportation has been
32notified by certified mail regarding the location and speed
33limit of the speed zone.
34      (2) A county or municipality may establish a speed limit on a
35      street or highway upon which an elementary school (as
36      defined in IC 20-18-2-4), a high school (as defined in
37      IC 20-18-2-7), or a postsecondary educational institution is
38      located, if the street or highway is under the jurisdiction of
39      the county or municipality, respectively. However, a speed
40      limit adopted by an ordinance under this subdivision is valid
41      only if the following conditions exist:
42(A) The speed limit is not less than twenty (20) miles per
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1hour within an urban district and not less than thirty (30)
2miles per hour outside an urban district.
3(B) The speed zone does not exceed two thousand five
4hundred (2,500) feet from the perimeter of the school or
5institution.
6(C) The speed zone is properly signed. There must be a
7sign located where the speed zone begins or as near as
8practical to the point where the speed zone begins
9indicating the speed limit. If the school operates on a
10twelve (12) month schedule, there must be a sign indicating
11that the school is an all year school.
12     Sec. 12. (a) A school corporation that uses an automated traffic
13 enforcement safety device to enforce an ordinance adopted under
14 this chapter must forward a recorded image produced by the
15 automated traffic enforcement safety device to the law
16 enforcement agency of the county or municipality in which the
17 school corporation is located for review and approval by a police
18 officer employed by the law enforcement agency before notice of
19 the ordinance violation may be sent to the owner of the motor
20 vehicle.
21     (b) A police officer described in subsection (a) may not send
22 notice of the ordinance violation to the owner of the motor vehicle
23 if, in the opinion of the police officer, the operator of the motor
24 vehicle could not have safely avoided committing the ordinance
25 violation due to inclement weather conditions.
26     Sec. 13. (a) Notwithstanding IC 36-1-3-8(a)(10)(B), a county or
27 municipality may impose a civil penalty for an ordinance violation
28 under this chapter in an amount not to exceed two hundred fifty
29 dollars ($250).
30     (b) A county or municipality may impose a fee associated with
31 the electronic processing of the civil penalty imposed under
32 subsection (a).
33     (c) A county or municipality must apply at least fifty percent
34 (50%) of the amount of the civil penalty imposed under subsection
35 (a) to defray the cost to install, operate, and maintain an automated
36 traffic enforcement safety device.
37     (d) The remaining money from the civil penalty imposed under
38 subsection (a) must be transferred to the general fund of the county
39 or municipality to be used for public safety and infrastructure.
40     Sec. 14. (a) It is a defense under this chapter if any of the
41 following apply:
42(1) The owner provides an affidavit signed under the penalty
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1of perjury stating:
2(A) the owner of the motor vehicle was engaged in the
3business of renting or leasing vehicles under written
4agreements;
5(B) the motor vehicle was in the care, custody, or control
6of an individual other than the owner or an employee of
7the owner under a written agreement for the rental or
8lease of the motor vehicle for a period of not more than
9sixty (60) days; and
10(C) the name and address of the individual who was
11renting or leasing the motor vehicle;
12at the time of the alleged violation.
13(2) The owner provides an affidavit signed under the penalty
14of perjury stating:
15(A) the dealer license plate displayed by the motor vehicle
16was issued to a person licensed under IC 9-32-6;
17(B) the motor vehicle was in the care, custody, or control
18of an individual other than the owner or an employee of
19the owner of the motor vehicle using the dealer license
20plate as authorized under IC 9-32-6-2 or IC 9-32-6-7; and
21(C) the name and address of the individual who was using
22the motor vehicle;
23at the time of the alleged violation.
24(3) If the owner provides an affidavit signed under the penalty
25of perjury stating the owner was not operating the motor
26vehicle at the time of the alleged violation and the name and
27address of the individual operating the motor vehicle at the
28time of the alleged violation.
29(4) If the owner provides an affidavit signed under the penalty
30of perjury stating that:
31(A) the motor vehicle; or
32(B) the license plate of the motor vehicle;
33was stolen before the alleged violation occurred and was not
34under the control or possession of the owner at the time of the
35alleged violation.
36(5) The owner was driving an authorized emergency vehicle
37and did not endanger life or property.
38(6) The owner was complying with a lawful order or direction
39of a police officer.
40(7) The owner yielded the right-of-way to an authorized
41emergency vehicle.
42(8) The owner was part of a funeral procession.
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1      (9) A traffic citation was issued to the operator of the motor
2      vehicle, who was not the owner of the motor vehicle, for the
3      ordinance violation by a police officer.
4    (b) If the owner of a motor vehicle submits the evidence
5 required under subsection (a)(1) through (a)(3), the court shall
6 send by first class mail notice of the violation to the individual
7 identified as the operator of the motor vehicle at the time of the
8 violation.
9    (c) Proof provided under subsection (a)(1) through (a)(3) creates
10 a rebuttable presumption that the individual identified by the
11 owner as the operator of the motor vehicle at the time of the
12 violation was the individual operating the motor vehicle at the time
13 of the violation.
14    (d) In addition to an affidavit described in subsection (a)(4), the
15 owner must submit proof that a police report was filed concerning
16 the stolen motor vehicle or stolen license plate.
17    Sec. 15. (a) Subject to the requirements under IC 36-1-6, a
18 county or municipality shall send by first class mail a notice to the
19 owner of the motor vehicle that the owner failed to contest the
20 violation or pay the civil penalty under this chapter.
21    (b) A notice under subsection (a) must inform an owner of the
22 following:
23      (1) That a referral to suspend the registration of the motor
24      vehicle under section 16 of this chapter will be sent to the
25      bureau not later than thirty (30) days after the notice under
26      subsection (a) is mailed if the violation is not paid.
27      (2) That a referral under section 16 of this chapter will result
28      in the suspension of the registration of the motor vehicle.
29    Sec. 16. (a) A county or municipality shall give a written referral
30 to suspend the registration of a motor vehicle to the bureau not
31 later than thirty (30) days after the notice under section 15 of this
32 chapter is mailed to the owner of the motor vehicle if the owner has
33 not:
34      (1) contested the ordinance violation; or
35      (2) paid the civil penalty.
36    (b) A referral under subsection (a) must include:
37      (1) information regarding the name of the owner of the motor
38      vehicle, the license plate number, and registration year;
39      (2) the date, time, and location of the violation;
40      (3) the date when the notice required under section 15 of this
41      chapter was mailed; and
42      (4) the seal of the local authority.
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1     Sec. 17. (a) If the bureau receives a referral under section 16 of
2 this chapter, the bureau shall immediately suspend the registration
3 of the motor vehicle.
4     (b) The bureau shall send by first class mail a written notice to
5 the owner not later than thirty (30) days after receiving a referral
6 under section 16 of this chapter that informs the owner of the
7 motor vehicle of:
8(1) the suspension of the registration of the motor vehicle;
9(2) the reason for the suspension; and
10(3) the process by which to have the registration of the motor
11vehicle reinstated.
12     Sec. 18. The bureau shall reinstate the registration of a motor
13 vehicle that is suspended under this chapter if the owner presents
14 the bureau with proof that:
15(1) the civil penalty; and
16(2) the reinstatement fee under IC 9-18.1-3-8.5(b);
17 is paid.
18     Sec. 19. (a) A recorded image produced by an automated traffic
19 enforcement safety device that does not show an alleged violation
20 must be destroyed not later than thirty (30) days after the image is
21 recorded, unless otherwise determined by a court order.
22     (b) A recorded image produced by an automated traffic
23 enforcement safety device that shows an alleged violation must be
24 destroyed not more than ninety (90) days after the final disposition
25 of the proceeding or payment of the civil penalty, unless otherwise
26 determined by a court order.
27     Sec. 20. (a) The bureau may not assess points under the point
28 system for a violation under this chapter.
29     (b) A violation under this chapter is not considered to be a
30 traffic offense (as defined in IC 9-13-2-183).
31     (c) Information concerning a violation under this chapter may
32 not be included on a driving record established and maintained by
33 the bureau.
34     (d) A violation under this chapter may not be used to determine
35 rates for motor vehicle insurance.
36     SECTION 11. IC 9-21-5-6, AS AMENDED BY P.L.49-2024,
37 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2026]: Sec. 6. (a) Except as provided in subsections (e) and
39 (f), whenever a local authority in the authority's jurisdiction determines
40 that the maximum speed permitted under this chapter is greater or less
41 than reasonable and safe under the conditions found to exist on a
42 highway or part of a highway, the local authority may determine and
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                                    13
1 declare a reasonable and safe maximum limit on the highway. The
2 maximum limit declared under this section may do any of the
3 following:
4(1) Decrease the limit within urban districts, but not to less than
5twenty (20) miles per hour.
6(2) Increase the limit within an urban district, but not to more than
7fifty-five (55) miles per hour during daytime and fifty (50) miles
8per hour during nighttime.
9(3) Decrease the limit outside an urban district, but not to less
10than thirty (30) miles per hour.
11(4) Decrease the limit in an alley, but to not less than five (5)
12miles per hour.
13(5) Increase the limit in an alley, but to not more than twenty (20)
14miles per hour.
15 The local authority must perform an engineering and traffic
16 investigation before a determination may be made to change a speed
17 limit under subdivision (2), (3), (4), or (5) or before the speed limit on
18 a highway with a functional classification of arterial or major collector
19 within an urban district may be decreased to less than twenty-five (25)
20 miles per hour under subdivision (1). An engineering and traffic
21 investigation is not required to decrease the speed limit to twenty (20)
22 miles per hour on a highway with a functional classification of minor
23 collector or local road in an urban district.
24     (b) Except as provided in subsection (f), a local authority in the
25 authority's jurisdiction shall determine by an engineering and traffic
26 investigation the proper maximum speed for all local streets and shall
27 declare a reasonable and safe maximum speed permitted under this
28 chapter for an urban district. However, an engineering and traffic study
29 is not required to be performed for the local streets in an urban district
30 under this subsection if the local authority determines that the proper
31 maximum speed in the urban district is not less than twenty-five (25)
32 miles per hour.
33     (c) An altered limit established under this section is effective at all
34 times or during hours of darkness or at other times as may be
35 determined when appropriate signs giving notice of the altered limit are
36 erected on the street or highway.
37     (d) Except as provided in this subsection and notwithstanding
38 IC 9-21-3.6 or IC 36-1-3-8(a), a local authority may not alter a speed
39 limit on a highway or extension of a highway in the state highway
40 system. A city or town may establish speed limits on state highways
41 upon which a school is located. However, a speed limit established
42 under this subsection is valid only if the following conditions exist:
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                                     14
1(1) The limit is not less than twenty (20) miles per hour.
2(2) The limit is imposed only in the immediate vicinity of the
3school.
4(3) Children are present.
5(4) The speed zone is properly signed. There must be:
6(A) a sign located:
7(i) where the reduced speed zone begins; or
8(ii) as near as practical to the point where the reduced speed
9zone begins;
10indicating the reduced speed limit; and
11(B) a sign located at the end of the reduced speed zone
12indicating:
13(i) the speed limit for the section of highway that follows; or
14(ii) the end of the reduced speed zone.
15(5) The Indiana department of transportation has been notified of
16the limit imposed by certified mail.
17     (e) A local authority may decrease a limit on a street to not less than
18 fifteen (15) miles per hour if the following conditions exist:
19(1) The street is located within a park or playground established
20under IC 36-10.
21(2) The:
22(A) board established under IC 36-10-3;
23(B) board established under IC 36-10-4; or
24(C) park authority established under IC 36-10-5;
25requests the local authority to decrease the limit.
26(3) The speed zone is properly signed.
27     (f) A city, town, or county may establish speed limits on a street or
28 highway upon which a school is located if the street or highway is
29 under the jurisdiction of the city, town, or county, respectively.
30 However, a speed limit established under this subsection is valid only
31 if the following conditions exist:
32(1) The limit is not less than twenty (20) miles per hour.
33(2) The limit is imposed only in the immediate vicinity of the
34school.
35(3) Children are present.
36(4) The speed zone is properly signed. There must be:
37(A) a sign located where the reduced speed zone begins or as
38near as practical to the point where the reduced speed zone
39begins indicating the reduced speed limit and a sign located at
40the end of the reduced speed zone indicating the end of the
41reduced speed zone; and
42(B) if the school operates on a twelve (12) month schedule, a
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                                     15
1sign indicating that the school is an all year school.
2 Notwithstanding IC 36-1-3-8(a), a city, town, or county may
3 establish speed limits on a street or highway upon which a school
4 is located if the street or highway is under the jurisdiction of the
5 city, town, or county, respectively, under IC 9-21-3.6.
6     (g) Except as provided in subsection (h), a person who exceeds a
7 speed limit established by a local authority under this section commits
8 a Class C infraction.
9     (h) A person who exceeds a speed limit that is established under
10 subsection (d) or (f) commits a Class B infraction.
11     SECTION 12. IC 9-21-12-1, AS AMENDED BY P.L.144-2019,
12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2026]: Sec. 1. (a) A person who drives a vehicle that:
14(1) meets or overtakes from any direction a school bus stopped on
15a roadway or a private road and is not stopped before reaching the
16school bus when the arm signal device specified in IC 9-21-12-13
17is in the device's extended position; or
18(2) proceeds before the arm signal device is no longer extended;
19 commits a Class A infraction.
20     (b) In addition to any other penalty imposed under this section, the
21 court may suspend the person's driving privileges:
22(1) for ninety (90) days; or
23(2) if the person has committed at least one (1) previous offense
24under this section or IC 9-21-8-52(b), for one (1) year.
25     (c) This section is applicable only if the school bus is in substantial
26 compliance with the markings required by the state school bus
27 committee.
28     (d) There is a rebuttable presumption that the owner of the vehicle
29 involved in the violation of this section committed the violation. This
30 presumption does not apply to the owner of a vehicle involved in the
31 violation of this section if the owner routinely engages in the business
32 of renting the vehicle for periods of thirty (30) days or less.
33     (e) A violation of subsection (a) may be enforced under
34 IC 9-21-3.6.
35     SECTION 13. IC 9-30-3-14, AS AMENDED BY P.L.111-2021,
36 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2026]: Sec. 14. This section does not apply to a violation of
38 an ordinance adopted under IC 9-21-3.6. If a court convicts a person
39 for a moving traffic offense and the person is known or believed by the
40 court not to be the owner of the motor vehicle, the court shall, within
41 seven (7) days after entering the conviction, deposit with the United
42 States Postal Service, first class postage prepaid, notice addressed to
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                                   16
1 the owner of the motor vehicle giving the owner the following
2 information:
3      (1) The name and address of the person convicted.
4      (2) The name and address of the owner of the motor vehicle.
5      (3) The offense upon which the conviction was made.
6      (4) The date of arrest of the person convicted and the location of
7      the place of the offense.
8      (5) The license plate number of the motor vehicle.
9      (6) The driver's or chauffeur's license number of the person
10      convicted.
11      (7) The date of the conviction and the name of the court making
12      the conviction.
13    SECTION 14. IC 20-27-10-3.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 3.5. A school corporation may use
16 an automated traffic enforcement safety device on a school bus in
17 accordance with IC 9-21-3.6.
18    SECTION 15. IC 27-1-22-29 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2026]: Sec. 29. (a) As used in this section,
21 "motor vehicle insurance" means any type of insurance described
22 in IC 27-1-5-1, Class 2(f).
23    (b) As used in this section, "rating plan" means the rating
24 schedule or rating plan of an insurer concerning premium rates for
25 motor vehicle insurance that has been filed with the commissioner
26 and is in effect under section 4 of this chapter.
27    (c) An insurer may not set the premium rate for a policy of
28 motor vehicle insurance for an individual who has committed a
29 violation under:
30      (1) IC 9-21-3.6; or
31      (2) IC 9-21-12-1(a) enforced under IC 9-21-3.6;
32 at an amount higher than the applicable rate set forth in the rating
33 plan due to the fact that the individual has committed a violation
34 of an ordinance adopted under IC 9-21-3.6, or of IC 9-21-12-1(a)
35 enforced under IC 9-21-3.6.
36    (d) A violation of this section is an unfair and deceptive act or
37 practice in the business of insurance under IC 27-4-1-4.
38    SECTION 16. IC 27-4-1-4, AS AMENDED BY P.L.158-2024,
39 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2026]: Sec. 4. (a) The following are hereby defined as unfair
41 methods of competition and unfair and deceptive acts and practices in
42 the business of insurance:
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                                      17
1(1) Making, issuing, circulating, or causing to be made, issued, or
2circulated, any estimate, illustration, circular, or statement:
3(A) misrepresenting the terms of any policy issued or to be
4issued or the benefits or advantages promised thereby or the
5dividends or share of the surplus to be received thereon;
6(B) making any false or misleading statement as to the
7dividends or share of surplus previously paid on similar
8policies;
9(C) making any misleading representation or any
10misrepresentation as to the financial condition of any insurer,
11or as to the legal reserve system upon which any life insurer
12operates;
13(D) using any name or title of any policy or class of policies
14misrepresenting the true nature thereof; or
15(E) making any misrepresentation to any policyholder insured
16in any company for the purpose of inducing or tending to
17induce such policyholder to lapse, forfeit, or surrender the
18policyholder's insurance.
19(2) Making, publishing, disseminating, circulating, or placing
20before the public, or causing, directly or indirectly, to be made,
21published, disseminated, circulated, or placed before the public,
22in a newspaper, magazine, or other publication, or in the form of
23a notice, circular, pamphlet, letter, or poster, or over any radio or
24television station, or in any other way, an advertisement,
25announcement, or statement containing any assertion,
26representation, or statement with respect to any person in the
27conduct of the person's insurance business, which is untrue,
28deceptive, or misleading.
29(3) Making, publishing, disseminating, or circulating, directly or
30indirectly, or aiding, abetting, or encouraging the making,
31publishing, disseminating, or circulating of any oral or written
32statement or any pamphlet, circular, article, or literature which is
33false, or maliciously critical of or derogatory to the financial
34condition of an insurer, and which is calculated to injure any
35person engaged in the business of insurance.
36(4) Entering into any agreement to commit, or individually or by
37a concerted action committing any act of boycott, coercion, or
38intimidation resulting or tending to result in unreasonable
39restraint of, or a monopoly in, the business of insurance.
40(5) Filing with any supervisory or other public official, or making,
41publishing, disseminating, circulating, or delivering to any person,
42or placing before the public, or causing directly or indirectly, to
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                                      18
1be made, published, disseminated, circulated, delivered to any
2person, or placed before the public, any false statement of
3financial condition of an insurer with intent to deceive. Making
4any false entry in any book, report, or statement of any insurer
5with intent to deceive any agent or examiner lawfully appointed
6to examine into its condition or into any of its affairs, or any
7public official to which such insurer is required by law to report,
8or which has authority by law to examine into its condition or into
9any of its affairs, or, with like intent, willfully omitting to make a
10true entry of any material fact pertaining to the business of such
11insurer in any book, report, or statement of such insurer.
12(6) Issuing or delivering or permitting agents, officers, or
13employees to issue or deliver, agency company stock or other
14capital stock, or benefit certificates or shares in any common law
15corporation, or securities or any special or advisory board
16contracts or other contracts of any kind promising returns and
17profits as an inducement to insurance.
18(7) Making or permitting any of the following:
19(A) Unfair discrimination between individuals of the same
20class and equal expectation of life in the rates or assessments
21charged for any contract of life insurance or of life annuity or
22in the dividends or other benefits payable thereon, or in any
23other of the terms and conditions of such contract. However,
24in determining the class, consideration may be given to the
25nature of the risk, plan of insurance, the actual or expected
26expense of conducting the business, or any other relevant
27factor.
28(B) Unfair discrimination between individuals of the same
29class involving essentially the same hazards in the amount of
30premium, policy fees, assessments, or rates charged or made
31for any policy or contract of accident or health insurance or in
32the benefits payable thereunder, or in any of the terms or
33conditions of such contract, or in any other manner whatever.
34However, in determining the class, consideration may be given
35to the nature of the risk, the plan of insurance, the actual or
36expected expense of conducting the business, or any other
37relevant factor.
38(C) Excessive or inadequate charges for premiums, policy
39fees, assessments, or rates, or making or permitting any unfair
40discrimination between persons of the same class involving
41essentially the same hazards, in the amount of premiums,
42policy fees, assessments, or rates charged or made for:
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                                      19
1(i) policies or contracts of reinsurance or joint reinsurance,
2or abstract and title insurance;
3(ii) policies or contracts of insurance against loss or damage
4to aircraft, or against liability arising out of the ownership,
5maintenance, or use of any aircraft, or of vessels or craft,
6their cargoes, marine builders' risks, marine protection and
7indemnity, or other risks commonly insured under marine,
8as distinguished from inland marine, insurance; or
9(iii) policies or contracts of any other kind or kinds of
10insurance whatsoever.
11However, nothing contained in clause (C) shall be construed to
12apply to any of the kinds of insurance referred to in clauses (A)
13and (B) nor to reinsurance in relation to such kinds of insurance.
14Nothing in clause (A), (B), or (C) shall be construed as making or
15permitting any excessive, inadequate, or unfairly discriminatory
16charge or rate or any charge or rate determined by the department
17or commissioner to meet the requirements of any other insurance
18rate regulatory law of this state.
19(8) Except as otherwise expressly provided by IC 27-1-47 or
20another law, knowingly permitting or offering to make or making
21any contract or policy of insurance of any kind or kinds
22whatsoever, including but not in limitation, life annuities, or
23agreement as to such contract or policy other than as plainly
24expressed in such contract or policy issued thereon, or paying or
25allowing, or giving or offering to pay, allow, or give, directly or
26indirectly, as inducement to such insurance, or annuity, any rebate
27of premiums payable on the contract, or any special favor or
28advantage in the dividends, savings, or other benefits thereon, or
29any valuable consideration or inducement whatever not specified
30in the contract or policy; or giving, or selling, or purchasing or
31offering to give, sell, or purchase as inducement to such insurance
32or annuity or in connection therewith, any stocks, bonds, or other
33securities of any insurance company or other corporation,
34association, limited liability company, or partnership, or any
35dividends, savings, or profits accrued thereon, or anything of
36value whatsoever not specified in the contract. Nothing in this
37subdivision and subdivision (7) shall be construed as including
38within the definition of discrimination or rebates any of the
39following practices:
40(A) Paying bonuses to policyholders or otherwise abating their
41premiums in whole or in part out of surplus accumulated from
42nonparticipating insurance, so long as any such bonuses or
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1abatement of premiums are fair and equitable to policyholders
2and for the best interests of the company and its policyholders.
3(B) In the case of life insurance policies issued on the
4industrial debit plan, making allowance to policyholders who
5have continuously for a specified period made premium
6payments directly to an office of the insurer in an amount
7which fairly represents the saving in collection expense.
8(C) Readjustment of the rate of premium for a group insurance
9policy based on the loss or expense experience thereunder, at
10the end of the first year or of any subsequent year of insurance
11thereunder, which may be made retroactive only for such
12policy year.
13(D) Paying by an insurer or insurance producer thereof duly
14licensed as such under the laws of this state of money,
15commission, or brokerage, or giving or allowing by an insurer
16or such licensed insurance producer thereof anything of value,
17for or on account of the solicitation or negotiation of policies
18or other contracts of any kind or kinds, to a broker, an
19insurance producer, or a solicitor duly licensed under the laws
20of this state, but such broker, insurance producer, or solicitor
21receiving such consideration shall not pay, give, or allow
22credit for such consideration as received in whole or in part,
23directly or indirectly, to the insured by way of rebate.
24(9) Requiring, as a condition precedent to loaning money upon the
25security of a mortgage upon real property, that the owner of the
26property to whom the money is to be loaned negotiate any policy
27of insurance covering such real property through a particular
28insurance producer or broker or brokers. However, this
29subdivision shall not prevent the exercise by any lender of the
30lender's right to approve or disapprove of the insurance company
31selected by the borrower to underwrite the insurance.
32(10) Entering into any contract, combination in the form of a trust
33or otherwise, or conspiracy in restraint of commerce in the
34business of insurance.
35(11) Monopolizing or attempting to monopolize or combining or
36conspiring with any other person or persons to monopolize any
37part of commerce in the business of insurance. However,
38participation as a member, director, or officer in the activities of
39any nonprofit organization of insurance producers or other
40workers in the insurance business shall not be interpreted, in
41itself, to constitute a combination in restraint of trade or as
42combining to create a monopoly as provided in this subdivision
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                                      21
1and subdivision (10). The enumeration in this chapter of specific
2unfair methods of competition and unfair or deceptive acts and
3practices in the business of insurance is not exclusive or
4restrictive or intended to limit the powers of the commissioner or
5department or of any court of review under section 8 of this
6chapter.
7(12) Requiring as a condition precedent to the sale of real or
8personal property under any contract of sale, conditional sales
9contract, or other similar instrument or upon the security of a
10chattel mortgage, that the buyer of such property negotiate any
11policy of insurance covering such property through a particular
12insurance company, insurance producer, or broker or brokers.
13However, this subdivision shall not prevent the exercise by any
14seller of such property or the one making a loan thereon of the
15right to approve or disapprove of the insurance company selected
16by the buyer to underwrite the insurance.
17(13) Issuing, offering, or participating in a plan to issue or offer,
18any policy or certificate of insurance of any kind or character as
19an inducement to the purchase of any property, real, personal, or
20mixed, or services of any kind, where a charge to the insured is
21not made for and on account of such policy or certificate of
22insurance. However, this subdivision shall not apply to any of the
23following:
24(A) Insurance issued to credit unions or members of credit
25unions in connection with the purchase of shares in such credit
26unions.
27(B) Insurance employed as a means of guaranteeing the
28performance of goods and designed to benefit the purchasers
29or users of such goods.
30(C) Title insurance.
31(D) Insurance written in connection with an indebtedness and
32intended as a means of repaying such indebtedness in the
33event of the death or disability of the insured.
34(E) Insurance provided by or through motorists service clubs
35or associations.
36(F) Insurance that is provided to the purchaser or holder of an
37air transportation ticket and that:
38(i) insures against death or nonfatal injury that occurs during
39the flight to which the ticket relates;
40(ii) insures against personal injury or property damage that
41occurs during travel to or from the airport in a common
42carrier immediately before or after the flight;
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                                      22
1(iii) insures against baggage loss during the flight to which
2the ticket relates; or
3(iv) insures against a flight cancellation to which the ticket
4relates.
5(14) Refusing, because of the for-profit status of a hospital or
6medical facility, to make payments otherwise required to be made
7under a contract or policy of insurance for charges incurred by an
8insured in such a for-profit hospital or other for-profit medical
9facility licensed by the Indiana department of health.
10(15) Refusing to insure an individual, refusing to continue to issue
11insurance to an individual, limiting the amount, extent, or kind of
12coverage available to an individual, or charging an individual a
13different rate for the same coverage, solely because of that
14individual's blindness or partial blindness, except where the
15refusal, limitation, or rate differential is based on sound actuarial
16principles or is related to actual or reasonably anticipated
17experience.
18(16) Committing or performing, with such frequency as to
19indicate a general practice, unfair claim settlement practices (as
20defined in section 4.5 of this chapter).
21(17) Between policy renewal dates, unilaterally canceling an
22individual's coverage under an individual or group health
23insurance policy solely because of the individual's medical or
24physical condition.
25(18) Using a policy form or rider that would permit a cancellation
26of coverage as described in subdivision (17).
27(19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1
28concerning motor vehicle insurance rates.
29(20) Violating IC 27-8-21-2 concerning advertisements referring
30to interest rate guarantees.
31(21) Violating IC 27-8-24.3 concerning insurance and health plan
32coverage for victims of abuse.
33(22) Violating IC 27-8-26 concerning genetic screening or testing.
34(23) Violating IC 27-1-15.6-3(b) concerning licensure of
35insurance producers.
36(24) Violating IC 27-1-38 concerning depository institutions.
37(25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
38the resolution of an appealed grievance decision.
39(26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
40July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1,
412007, and repealed).
42(27) Violating IC 27-2-21 concerning use of credit information.
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                                   23
1      (28) Violating IC 27-4-9-3 concerning recommendations to
2      consumers.
3      (29) Engaging in dishonest or predatory insurance practices in
4      marketing or sales of insurance to members of the United States
5      Armed Forces as:
6(A) described in the federal Military Personnel Financial
7Services Protection Act, P.L.109-290; or
8(B) defined in rules adopted under subsection (b).
9      (30) Violating IC 27-8-19.8-20.1 concerning stranger originated
10      life insurance.
11      (31) Violating IC 27-2-22 concerning retained asset accounts.
12      (32) Violating IC 27-8-5-29 concerning health plans offered
13      through a health benefit exchange (as defined in IC 27-19-2-8).
14      (33) Violating a requirement of the federal Patient Protection and
15      Affordable Care Act (P.L. 111-148), as amended by the federal
16      Health Care and Education Reconciliation Act of 2010 (P.L.
17      111-152), that is enforceable by the state.
18      (34) After June 30, 2015, violating IC 27-2-23 concerning
19      unclaimed life insurance, annuity, or retained asset account
20      benefits.
21      (35) Willfully violating IC 27-1-12-46 concerning a life insurance
22      policy or certificate described in IC 27-1-12-46(a).
23      (36) Violating IC 27-1-37-7 concerning prohibiting the disclosure
24      of health care service claims data.
25      (37) Violating IC 27-4-10-10 concerning virtual claims payments.
26      (38) Violating IC 27-1-24.5 concerning pharmacy benefit
27      managers.
28      (39) Violating IC 27-7-17-16 or IC 27-7-17-17 concerning the
29      marketing of travel insurance policies.
30      (40) Violating IC 27-1-49 concerning individual prescription drug
31      rebates.
32      (41) Violating IC 27-1-50 concerning group prescription drug
33      rebates.
34      (42) Violating IC 27-1-22-29 concerning the premium rate for
35      a policy of motor vehicle insurance if an individual has
36      committed a violation under IC 9-21-3.6 or enforced under
37      IC 9-21-3.6.
38    (b) Except with respect to federal insurance programs under
39 Subchapter III of Chapter 19 of Title 38 of the United States Code, the
40 commissioner may, consistent with the federal Military Personnel
41 Financial Services Protection Act (10 U.S.C. 992 note), adopt rules
42 under IC 4-22-2 to:
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                                    24
1(1) define; and
2(2) while the members are on a United States military installation
3or elsewhere in Indiana, protect members of the United States
4Armed Forces from;
5 dishonest or predatory insurance practices.
6     SECTION 17. IC 34-6-2.1-129, AS ADDED BY P.L.186-2025,
7 SECTION 176, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 129. "Moving traffic violation", for
9 purposes of IC 34-28-5, means a violation of:
10(1) a statute defining an infraction; or
11(2) an ordinance, other than a violation under IC 9-21-3.6;
12 that applies when a motor vehicle is in motion.
13     SECTION 18. IC 34-28-5-5, AS AMENDED BY P.L.173-2025,
14 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2026]: Sec. 5. (a) A defendant against whom a judgment is
16 entered is liable for costs. Costs are part of the judgment and may not
17 be suspended except under IC 9-30-3-12. Whenever a judgment is
18 entered against a person for the commission of two (2) or more civil
19 violations (infractions or ordinance violations), the court may waive the
20 person's liability for costs for all but one (1) of the violations. This
21 subsection does not apply to judgments entered for violations
22 constituting:
23(1) Class D infractions; or
24(2) Class C infractions for unlawfully parking in a space reserved
25for a person with a physical disability under IC 5-16-9-5 or
26IC 5-16-9-8.
27     (b) If a judgment is entered:
28(1) for a violation constituting:
29(A) a Class D infraction; or
30(B) a Class C infraction for unlawfully parking in a space
31reserved for a person with a physical disability under
32IC 5-16-9-5 or IC 5-16-9-8; or
33(2) in favor of the defendant in any case;
34 the defendant is not liable for costs.
35     (c) Except for costs, and except as provided in subsections (e), and
36 (f), and (g), and IC 9-21-5-11(e), the funds collected as judgments for
37 violations of statutes defining infractions shall be deposited in the state
38 general fund.
39     (d) A judgment may be entered against a defendant under this
40 section or section 4 of this chapter upon a finding by the court that the
41 defendant:
42(1) violated:
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                                    25
1(A) a statute defining an infraction; or
2(B) an ordinance; or
3(2) consents to entry of judgment for the plaintiff upon a pleading
4of nolo contendere for a moving traffic violation.
5     (e) The funds collected for an infraction judgment described in
6 section 4(h) of this chapter shall be transferred to a dedicated county
7 fund. The money in the dedicated county fund does not revert to the
8 county general fund or state general fund and may be used, after
9 appropriation by the county fiscal body, only for the following
10 purposes:
11(1) To pay compensation of commissioners appointed under
12IC 33-33-49.
13(2) To pay costs of the county's guardian ad litem program.
14     (f) The funds collected for an infraction judgment described in
15 section 4(i) of this chapter shall be transferred to a dedicated toll
16 revenue fund created as part of a project that is located within a
17 metropolitan planning area (as defined by 23 U.S.C. 134) and that
18 connects the state of Indiana with the commonwealth of Kentucky. The
19 money in the fund does not revert to the county general fund or state
20 general fund and may be used only to pay the cost of operating,
21 maintaining, and repairing the tolling system for a project that is
22 located within a metropolitan planning area (as defined by 23 U.S.C.
23 134) and that connects the state of Indiana with the commonwealth of
24 Kentucky, including major repairs, replacements, and improvements.
25     (g) This subsection applies only to a violation of IC 9-21-12-1(a)
26 that is enforced through IC 9-21-3.6. Notwithstanding subsection
27 (c), a civil penalty collected for a violation of IC 9-21-12-1(a) as a
28 judgment against a person to whom this subsection applies shall be
29 transferred in accordance with IC 9-21-3.6. To the extent a person
30 to whom this subsection applies is liable for costs for a violation of
31 IC 9-21-12-1(a), the costs may be deducted only from the judgment
32 and may not cause the person to be liable for an amount greater
33 than the civil penalty under IC 9-21-3.6.
34     SECTION 19. IC 36-1-6-3 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Certain
36 ordinances may be enforced by a municipal corporation without
37 proceeding in court through:
38(1) an admission of violation before the violations clerk under
39IC 33-36; or
40(2) administrative enforcement under section 9 of this chapter.
41     (b) Except as provided in subsection (a), a proceeding to enforce an
42 ordinance must be brought in accordance with IC 34-28-5, section 4 of
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                               26
1 this chapter, or both.
2    (c) An ordinance defining a moving traffic violation may not be
3 enforced under IC 33-36 and must be enforced in accordance with
4 IC 34-28-5.
5    (d) An ordinance adopted under IC 9-21-3.6 may be enforced
6 under IC 33-36 or IC 34-28-5.
2026  IN 1292—LS 6313/DI 137