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HOUSE BILL No. 1082

Citations Affected: IC 14-16.

Synopsis: Off-road vehicle registration. Provides that an off-road vehicle or snowmobile that is owned and used for official business by the state, a municipal corporation, or a volunteer fire department is not required to be registered with the department of natural resources (DNR). Provides that the owner of an off-road vehicle or snowmobile may submit either a bill of sale or a certificate of title with a registration application. (Under current law, only a bill of sale may be submitted.) Provides that DNR may use money in the off-road vehicle and snowmobile fund to pay for operating expenses related to DNR properties on which are located off-road vehicle or snowmobile trails.

Effective: July 1, 2011.

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Eberhart , Soliday , Tyler , Goodin
(SENATE SPONSORS _ MISHLER, HUME)

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    January 6, 2011, read first time and referred to Committee on Roads and Transportation.
    January 12, 2011, reported _ Do Pass.
    January 18, 2011, read second time, ordered engrossed. Engrossed.
    January 20, 2011, read third time, passed. Yeas 80, nays 14.

    February 17, 2011, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
    March 28, 2011, reported favorably _ Do Pass.

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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.

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

SOURCE: IC 14-16-1-8; (11)EH1082.1.1. -->     SECTION 1. IC 14-16-1-8, AS AMENDED BY P.L.86-2010, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) Except as otherwise provided, the following may not be operated on public property unless registered:
        (1) An off-road vehicle.
        (2) A snowmobile (including a collector snowmobile).
    (b) Except as provided under subsection (c), the following must be registered under this chapter:
        (1) A vehicle that is purchased after December 31, 2003.
        (2) A collector snowmobile.
    (c) Registration is not required for the following vehicles:
        (1) An off-road vehicle that is exclusively operated in a special event of limited duration that is conducted according to a prearranged schedule under a permit from the governmental unit having jurisdiction.
        (2) A vehicle being operated by a nonresident of Indiana as authorized under section 19 of this chapter.

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        (3) A vehicle being operated for purposes of testing or demonstration with temporary placement of numbers as set forth in section 16 of this chapter.
        (4) A vehicle the operator of which has in the operator's possession a bill of sale from a dealer or private individual that includes the following:
            (A) The purchaser's name and address.
            (B) A date of purchase that is not more than thirty-one (31) days preceding the date that the operator is required to show the bill of sale.
            (C) The make, model, and vehicle number of the vehicle provided by the manufacturer as required by section 13 of this chapter.
        (5) A vehicle that is owned or leased and used for official business by:
            (A) the state;
            (B) a municipal corporation (as defined in IC 36-1-2-10); or
            (C) a volunteer fire department (as defined in IC 36-8-12-2).

SOURCE: IC 14-16-1-9; (11)EH1082.1.2. -->     SECTION 2. IC 14-16-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) The owner of each vehicle required to be registered under this chapter must do the following every three (3) years:
        (1) File an application for registration with the department on forms provided by the department.
        (2) Sign the application.
        (3) If the off-road vehicle is purchased after December 31, 2003, include a copy of:
             (A) the bill of sale; or
            (B) the certificate of title;
        for the off-road vehicle.
        (4) Include a signed affidavit in which the applicant swears or affirms that the information set forth in the application by the applicant is correct.
        (5) Pay a fee of thirty dollars ($30).
    (b) Upon receipt of an application in approved form, the department shall enter the application upon the department's records and issue to the applicant the following:
        (1) A certificate of registration containing the following:
            (A) The number awarded to the vehicle.
            (B) The name and address of the owner.

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            (C) Other information that the department considers necessary.
        (2) Two (2) decals indicating the vehicle's registration number and the year in which the registration will expire that must be attached to the vehicle as provided in section 11.5 of this chapter.
    (c) A certificate of registration must:
        (1) be pocket size;
        (2) accompany the vehicle; and
        (3) be made available for inspection upon demand by a law enforcement officer.

SOURCE: IC 14-16-1-30; (11)EH1082.1.3. -->     SECTION 3. IC 14-16-1-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 30. (a) As used in this section, "fund" refers to the off-road vehicle and snowmobile fund established by subsection (b).
    (b) The off-road vehicle and snowmobile fund is established. The fund shall be administered by the department.
    (c) The fund consists of the revenues obtained under this chapter, appropriations, and donations. Money in the fund shall be used for the following purposes:
        (1) Enforcement and administration of this chapter.
        (2) Constructing and maintaining off-road vehicle trails.
        (3) Constructing and maintaining snowmobile trails.
         (4) Paying the operational expenses of properties:
            (A) that are managed by the department; and
            (B) on which are located off-road vehicle or snowmobile trails.
    (d) 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.
    (e) Money in the fund at the end of the state fiscal year does not revert to the state general fund.