Indiana Legislation of Interest to Motorcyclists

Updated April 30, 2009, 2:30 AM

At 11:55 pm on Wednesday April 29th, 2009 the Indiana General Assembly completed their work… for the day.

Unfortunately, they have not completed their work for the session as they were unable to pass a budget with HB1001 being defeated in the House. Constitutionally, the legislature must pass a state budget. Therefore, Governor Daniels will be required to call a special session. I waited out side the Governor’s Office with the media shortly after midnight to see if any details would be revealed. As Norman Cox from WRTV put it “the wizard said to go home”, meaning that no announcement would come this evening (morning). Typically, there will be a brief cooling down period with “round two” starting in a couple of weeks. However, the governor can call them back at anytime and there has not been much predictability this session.

Although we have a great number of friends on each side of the aisle in both houses, admittedly this session has been a bit disappointing. None of the legislation on our agenda survived. We should take some comfort in the fact that we are not alone. Considerable legislation, supported by groups that spend large amounts of money to have more influence than us, were equally unsuccessful.

About the only thing that we were watching that did make it through, was Don Lehe’s farm wagon bill. HB1483 which allows farmers to use ATVs (and was amended to require insurance for golf carts) is now on its way to Governor Daniels’ desk.

HB1043 (mini trucks), HB1275 (right of way) and HB1616 (motorized bicycle) were all casualties of this session. HR0121 would have provided for interim study of motorcycling issues this summer but appears to have gotten lost as well. Whether it is formally recognized at the Statehouse or not, we will have some “public” evaluation of motorcycle issues that need to be addressed sometime between now and next session.

The good news is, with a special session pending, it’s not over yet.

The bad news is, with a special session pending, it’s not over yet.

Ride Safe,
Jay Jackson

Updated - Thursday April 16, 2009 6:00 am

It seems to be said most years, but I’m hearing a lot of folks discussing the current session of the Indiana General Assembly as being a “weird session”. Despite being the general session, many have said it seems more like a short session. Although no one would have dreamed of it back on Organization Day in November, or when the session started in January, there is a very real possibility that the session will not conclude as scheduled on April 29th and that we very well may be headed to a Special Session.

The first half of the session we were on offense trying to gain support for those bills that we favored. Even with Rep, Milo Smith getting some national exposure in USA Today with “motorized bicycle” language in HB1616, we never quite got over the hump. A great number of bills that seemingly had a good chance failed to make the cut.

In the second half of the session, we go into defensive mode. Since the legislation we were promoting has pretty well died, we work to make certain that we don’t end up with something unfavorable. I don’t have to remind you what happened two years ago. Until the final gavel drops sine die, we will continue to be vigilant in making certain that the interests of motorcyclists are adequately represented.

HB1043 (mini trucks) and HB1483 (farm wagons) are still alive in the Senate but it remains uncertain exactly what they will look like when they leave. HB1483 has been amended to include considerable language pertaining to golf carts.

SB16 (graduated drivers license) has passed the House and will increase the minimum age to obtain an operators license. This may have some impact on 15 and 16 years olds decision to ride a motorized bicycle.

We are currently working with several legislators in seeking a resolution that will either establish an ad hoc committee or a summer study session to evaluate the reform of a number of issues involving motorcycles including definition, licensing and registration just to name a few. We remain optimistic that his will facilitate an environment more conducive to the success of these issues in next year’s short session.

Updated - Friday, March 27, 2009 10:00 am

LEGISLATIVE UPDATE There has been no action on the current legislative issues we have been following (see below). We will continue to monitor the activities and will let you know if anything develops. Please continue to check this website for any future updates.

Updated - Wednesday February 18, 2009 6:00 am

HB1616 – MOTORIZED BICYCLE (low speed motorcycle) M Smith(R)/V Tincher(D) Would require registration of motorized bicycles and change the name to “low speed motorcycle”. Was assigned to the House Committee on Interstate and International Cooperation where bills are sent to die. We accomplished quite a feat in even receiving a hearing as this is the only time this committee has met and they heard just two bills. Ultimately, the committee did not vote on HB1616 but had a good discussion concerning motorcycle safety. The possibility of a resolution to send this issue to a summer study session was raised. This process has been most effective for some issues (graduated drivers license) in the past and may indeed be beneficial in the long term. We will continue our efforts to get some direction for the “moped” issue.

HB1030 – MOTORIZED BICYCLE Wolkins(R)
Would remove the speed restriction for motorized bicycles. Also assigned to Interstate and International Cooperation. This bill did not get heard and since the committee is not expected to meet again, this bill would appear to be dead. We will continue to work with Representative Wolkins to improve the laws concerning “motorized bicycles”.

SB69 – MOTORIZED BICYCLE Paul(R)
Would require operators without a license to obtain a motorized bicycle certificate. I have yet to receive any information from Senator Paul. I have seen zero activity on this bill and have not seen it on the schedule for committee hearing. This is probably not going anywhere.

HB1275 – MOTOR VEHICLE OPERATION PENALTIES (Right of Way) Pelath(D)
Would allow a prosecutor to file charges if a crash causes injury or death. I believe that we have now contacted every member, including Chairman Matt Pierce(D), of the House Committee on Courts and Criminal Code multiple times. The bill has yet to be heard and the committee may not meet again prior to the deadline for third reading. Representative Pierce advised that there were some questions regarding “the penalties”. I contacted Steve Johnson of the Indiana Prosecuting Attorneys Council. He was not specific (since he was of the opinion the bill wasn’t going to be heard) but advised that he would revisit the language. Representative Pierce did suggest that he may be receptive to the possibility of incorporating some of the language into another bill. We will continue to work with Representative Pierce, the prosecutors and the American Motorcyclists Association on this issue.

HB1043 – MINI TRUCKS Wolkins (R)/Grubb(D)/Friend(R)/Oxley(D)
Would authorize the use of mini trucks on Indiana roads. Not really a motorcycle bill but the language includes a definition that is very close to a side by side or utility vehicle. Passed third reading in the House 90/2. The Senate sponsors are Mishler, Stutzman and R. Young. We will continue to monitor this watching for mention of ATVs or two-wheel vehicles.

HB1483 – FARM WAGONS Lehe(R)/Grubb(D)
Would allow an ATV to be towed behind an agriculture implement and operated on a public roadway to transport personnel from one field to another. I spent more than an hour discussing this with Representative Lehe after committee to share our concerns and offer suggestions. He was most appreciative. Passed third reading 94/1. Senator Hershman will be the sponsor. Since ATVs are the focus, we will continue to watch this bill.

This is a long session that is scheduled to end no later than April 29th. There is a lot of time remaining and many things can happen… good or bad. We will continue to look for opportunities to advance those issues we feel are positive to motorcycling and we will diligently watch for anything that could be detrimental to motorcycling.

Legislation is not an exact science and is filled with compromise. Logic or fairness can not necessarily be employed when attempting to determine the fate of a bill. Often times, very good legislation does not see the light of day. For that reason, it is of the utmost importance that we as citizens in the motorcycling community exercise our rights and abilities as grassroots lobbyists. We must remain vigilant and if our voice is not heard the first time, we must endure in our patience and persistence until we persevere.