Introduced Version
HOUSE BILL No. 1292
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6; IC 9-13-2; IC 9-24; IC 20-19-2-8;
IC 20-25-13-5; IC 20-27-8-10; IC 20-28-11-4; IC 20-32-5-17;
IC 20-33-3.
Synopsis: Commission on driver education. Establishes the Indiana
driver's education commission, charged with consulting and advising
the Indiana criminal justice institute and recommending the adoption,
amendment, or repeal of rules concerning driver education. Requires
the Indiana criminal justice institute to administer the licensing of: (1)
approved driver education courses; (2) approved motorcycle driver
education and training courses; and (3) truck driving training schools.
Transfers rules adopted by the state board of education, the Indiana
commission on proprietary education, and the bureau of motor vehicles
concerning driver education programs to the Indiana criminal justice
institute. Makes conforming amendments.
Effective: Upon passage; July 1, 2010.
Burton
January 12, 2010, read first time and referred to Committee on Roads and Transportation.
Introduced
Second Regular Session 116th General Assembly (2010)
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 2009 Regular and Special Sessions 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:
SOURCE: IC 5-2-6-3; (10)IN1292.1.1. -->
SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.130-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal
offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement,
juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of
crime.
(5) Prepare applications for funds under the Omnibus Act and the
Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a list
of properties (as defined in IC 5-2-6-19(b)) that have been used
as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang crime witness protection program.
(16) After December 31, 2008, Administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) Administer any sexual offense services.
(18) Administer domestic violence programs.
(19) Administer assistance to victims of human sexual trafficking
offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) After December 31, 2010, administer the licensing of:
(A) approved driver education courses (as defined in
IC 9-13-2-4);
(B) approved motorcycle driver education and training
courses (as defined in IC 9-13-2-5); and
(C) truck driving training schools (as defined in
IC 9-13-2-188.5).
SOURCE: IC 5-2-6-24; (10)IN1292.1.2. -->
SECTION 2. IC 5-2-6-24 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 24. (a) As used in this section, "commission" refers
to the Indiana driver's education commission established by
subsection (b).
(b) The Indiana driver's education commission is established to
advise the executive director of the institute in the administration
of this article.
(c) The commission is composed of eight (8) members as follows:
(1) One (1) member to be appointed by the commissioner of
the bureau of motor vehicles.
(2) One (1) member to be appointed by the state
superintendent of public instruction.
(3) One (1) member to be appointed by the executive director
of the institute.
(4) Five (5) members to be appointed by the governor of
whom:
(A) one (1) member must be from the field of law
enforcement;
(B) two (2) members must be providers of driver education
in a public school; and
(C) two (2) members must be representatives of
commercial driver training schools (as defined in
IC 5-2-6.5-5).
(d) A member of the commission appointed under subsection (c)
serves a three (3) year term. A person may not serve more than two
(2) consecutive full terms. Each appointed member serves until the
member's successor is duly appointed and qualified.
(e) A member of the commission may be removed for good
cause.
(f) A vacancy on the commission shall be filled by appointment
for the unexpired term by the individual making the original
appointment.
(g) A member of the commission is entitled to receive the
expenses and per diem allowed by law.
(h) The members of the commission shall annually elect a
chairperson of the commission from among the members at the
first meeting of the year.
(i) The commission shall meet during the first month of each
year. Additional meetings may be convened upon the written
request of any three (3) members.
(j) Five (5) members of the commission constitute a quorum for
doing business. The majority vote of the members of the quorum,
present and voting, is required for the passage of a matter put to
a vote of the commission.
(k) The commission is vested with the following powers:
(1) To consult with and advise the institute.
(2) To recommend the adoption, amendment, or repeal of
rules, including the following:
(A) Driver education objectives.
(B) Driver education program requirements.
(C) Driver education curricula.
(D) Driver education instructor qualifications.
SOURCE: IC 5-2-6-25; (10)IN1292.1.3. -->
SECTION 3. IC 5-2-6-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010] Sec. 25. (a) As used in this section, "approved driver
education course" has the meaning set forth in IC 9-13-2-4.
(b) To establish or operate an approved driver education course,
a driver education school must obtain a driver education program
license from the institute in the manner and form prescribed by the
institute.
(c) The institute shall determine by rule under IC 4-22-2 the
manner of establishment and maintenance of minimum standards
for driver education programs (including classroom instruction
and practice driving), schools, and equipment. Classroom
instruction standards established under this subsection must
include instruction concerning:
(1) railroad-highway grade crossing safety; and
(2) the procedure for participation in the human organ donor
program;
and must provide that the classroom instruction may not be
provided to a child who is less than fifteen (15) years and one
hundred eighty (180) days of age.
SOURCE: IC 5-2-6-26; (10)IN1292.1.4. -->
SECTION 4. IC 5-2-6-26 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 26. (a) As used in this section, "approved motorcycle
driver education and training course" has the meaning set forth in
IC 9-13-2-5.
(b) To establish or operate an approved motorcycle driver
education and training course, a motorcycle driver education
school must obtain a motorcycle driver education and training
school license from the institute in the manner and form prescribed
by the institute.
(c) The institute shall adopt rules under IC 4-22-2 that state the
requirements for:
(1) obtaining a motorcycle driver education and training
school license;
(2) obtaining a certification to teach motorcycle driver
education; and
(3) motorcycle operator safety education courses.
The rules must provide that a student in a motorcycle operator
safety education course must be at least fifteen (15) years of age.
SOURCE: IC 5-2-6-27; (10)IN1292.1.5. -->
SECTION 5. IC 5-2-6-27 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 27. (a) As used in this section, "truck driving training
school" has the meaning set forth in IC 9-13-2-188.5.
(b) To establish or operate a truck driving training school, a
school must obtain a truck driver training school license from the
institute in the manner and form prescribed by the institute.
(c) The institute shall adopt rules under IC 4-22-2 that state the
requirements for obtaining a truck driver training school license.
SOURCE: IC 5-2-6-28; (10)IN1292.1.6. -->
SECTION 6. IC 5-2-6-28 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 28. The institute shall establish a uniform course of
instruction and shall provide instructors, adequate meeting
facilities, registration forms, and other necessary materials for the
preservice school bus driver safety education meetings required by
IC 20-27-8-10.
SOURCE: IC 5-2-6-29; (10)IN1292.1.7. -->
SECTION 7. IC 5-2-6-29 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 29. The rules adopted under IC 4-22-2 by
the state board of education before July 1, 2010, concerning the
establishment and maintenance of minimum standards for driver
education programs, including classroom instruction and practice
driving, and equipment are considered after June 30, 2010, rules
of the institute.
SOURCE: IC 5-2-6-30; (10)IN1292.1.8. -->
SECTION 8. IC 5-2-6-30 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 30. The rules adopted under IC 4-22-2 by
the Indiana commission on proprietary education before July 1,
2010, concerning truck driving training schools are considered
after June 30, 2010, rules of the institute.
SOURCE: IC 5-2-6-31; (10)IN1292.1.9. -->
SECTION 9. IC 5-2-6-31 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 31. The rules adopted under IC 4-22-2 by
the bureau of motor vehicles before July 1, 2010, concerning driver
education programs are considered after June 30, 2010, rules of the
Indiana criminal justice institute.
SOURCE: IC 9-13-2-4; (10)IN1292.1.10. -->
SECTION 10. IC 9-13-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. "Approved driver
education course" means a course offered by a high school or driver
education school that the superintendent of public instruction Indiana
criminal justice institute periodically designates as approved, after
taking into consideration the standards and methods of instruction
necessary to ensure adequate training for the operation of a motor
vehicle.
SOURCE: IC 9-13-2-5; (10)IN1292.1.11. -->
SECTION 11. IC 9-13-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. "Approved
motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or other driver education school offering
motorcycle driver training as developed and approved by the
superintendent of public instruction and the bureau; Indiana
criminal justice institute; or
(2) a course that is offered by a commercial driving school or new
motorcycle dealer and that is approved by the bureau. Indiana
criminal justice institute.
SOURCE: IC 9-13-2-188.5; (10)IN1292.1.12. -->
SECTION 12. IC 9-13-2-188.5, AS AMENDED BY P.L.2-2007,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 188.5. "Truck driver training
school" means a postsecondary proprietary educational institution (as
defined in IC 21-17-1-13) located in Indiana and accredited by the
Indiana commission on proprietary education or a state educational
institution criminal justice institute that:
(1) educates or trains a person; or
(2) prepares a person for an examination or a validation given by
the bureau;
to operate a truck as a vocation.
SOURCE: IC 9-24-6-5.3; (10)IN1292.1.13. -->
SECTION 13. IC 9-24-6-5.3, AS AMENDED BY P.L.2-2007,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5.3. (a) The owner of a truck driver
training school or a state educational institution that operates a truck
driver training school as a course of study must notify the
bureau:
Indiana criminal justice institute:
(1) of a student's completion of a course of the truck driver
training school immediately after the student completes the
course; or
(2) of the termination of a student's instruction in the truck driver
training school immediately after the student's instruction
terminates.
(b) In addition to satisfying the requirements of IC 21-17-3-12(a),
the owner of a truck driver training school must retain records relating
to each student of the truck driver training school for not less than six
(6) years.
SOURCE: IC 9-24-6-5.5; (10)IN1292.1.14. -->
SECTION 14. IC 9-24-6-5.5, AS AMENDED BY P.L.2-2007,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5.5. (a) A truck driver training
school accredited by the Indiana commission on proprietary education
criminal justice institute is subject to rules adopted by the Indiana
commission on proprietary education criminal justice institute.
(b) A:
(1) student of a truck driver training school; and
(2) truck driver training school;
are subject to applicable rules adopted by the department of state
revenue.
SOURCE: IC 9-24-8-2; (10)IN1292.1.15. -->
SECTION 15. IC 9-24-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The bureau shall
issue a temporary motorcycle learner's permit to an individual who
meets the following conditions:
(1) Is at least fifteen (15) years of age.
(2) Is enrolled in an approved motorcycle driver education and
training course.
(3) Presents a certificate of enrollment to the bureau.
(4) Is not ineligible under IC 9-24-2-1.
(b) The bureau shall validate a temporary motorcycle learner's
permit upon certification by the instructor of an approved motorcycle
driver education and training course that the holder has satisfactorily
completed the course and passed the written test described in section
4 of this chapter.
(c) The holder of a validated temporary motorcycle learner's permit
may only operate a motorcycle under the following conditions:
(1) The holder must wear a helmet that meets the standards
established by the United States Department of Transportation
under 49 CFR 571.218 as in effect January 1, 1979.
(2) The motorcycle may be operated only during daylight hours.
(3) The motorcycle may not carry passengers other than the
operator.
(4) The holder must be under the supervision of a licensed
motorcycle operator who must be at least eighteen (18) years of
age.
(d) A temporary motorcycle learner's permit authorizes the permit
holder to operate a motorcycle upon a highway while enrolled in an
approved motorcycle driver education and training course and only
when the holder is under the direct supervision of an instructor who has
received training in the use and operation of motorcycles and who has
been
(1) certified to teach motorcycle driver education by the state
board of education; or
(2) approved as a motorcycle instructor by the bureau of motor
vehicles. Indiana criminal justice institute.
SOURCE: IC 9-24-8-4; (10)IN1292.1.16. -->
SECTION 16. IC 9-24-8-4, AS AMENDED BY P.L.156-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) Except as provided in subsections (c) and
(d), the bureau shall:
(1) issue a motorcycle operator's license; or
(2) validate an operator's, a chauffeur's, or a public passenger
chauffeur's license for motorcycle operation upon a highway by
endorsement;
to a person who meets the conditions in subsection (b).
(b) A person must meet at least one (1) of the following conditions
to obtain a license or validation under subsection (a):
(1) Satisfactorily complete the written test, hold a motorcycle
learner's permit for at least thirty (30) days, and:
(A) satisfactorily complete an approved operational skills test;
or
(B) satisfactorily complete a motorcycle operator safety
education course approved by the
department of education as
set forth in IC 20-30-13-9. Indiana criminal justice institute.
(2) Hold a current motorcycle operator endorsement or
motorcycle operator's license from any other jurisdiction and
successfully complete the written test.
(c) The bureau may not issue a motorcycle operator's license or
endorsement to an individual less than sixteen (16) years and thirty
(30) days of age.
(d) If an applicant for a motorcycle license or license endorsement
is less than eighteen (18) years of age, the bureau may not issue a
license or validate a license described in subsection (a) if the applicant
is ineligible under IC 9-24-2-1.
(e) The bureau shall develop and implement both a written test and
an operational skills test that must be designed to determine whether
an applicant for a motorcycle operator's license or endorsement is
competent to operate a motorcycle upon a highway. The written test
must be made available at license branch locations approved by the
bureau. The operational skills test must be given at locations
designated by the bureau. The bureau shall adopt rules by July 1, 2007,
under IC 4-22-2 to establish standards for persons administering
operational skills tests and the provisions of the operational skills test.
An individual applying for a motorcycle operator's license or
endorsement must pass the written exam before taking the operational
skills test. If an applicant fails to satisfactorily complete either the
written or operational tests, the applicant may reapply for and must be
offered the examination upon the same terms and conditions as
applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning motorcycle operator licensing or endorsement.
(f) An individual who:
(1) has held a motorcycle learner's permit for at least thirty (30)
days; or
(2) holds a temporary motorcycle learner's permit, has
successfully completed an approved motorcycle driver education
and training course, and possesses a valid operator's, chauffeur's,
or public passenger chauffeur's license;
may apply for a motorcycle operator's license or endorsement not later
than the expiration date of the holder's permit. However, not more than
three (3) examinations may be allowed a holder during the period the
permit is valid. A holder of a learner's permit or a temporary learner's
permit who does not pass the written and operating skills examination
during the period for which the permit is valid must obtain a new
learner's permit.
SOURCE: IC 20-19-2-8; (10)IN1292.1.17. -->
SECTION 17. IC 20-19-2-8, AS AMENDED BY P.L.101-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) In addition to any other powers and duties
prescribed by law, the state board shall adopt rules under IC 4-22-2
concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) (4) The inspection of all public schools in Indiana to
determine the condition of the schools. The state board shall
establish standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) (5) Subject to section 9 of this chapter, the adoption and
approval of textbooks under IC 20-20-5.
(7) (6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(8) (7) The state board may not establish an accreditation system
for nonpublic schools that is less stringent than the accreditation
system for public schools.
(9) (8) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(10) (9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 20-25-13-5; (10)IN1292.1.18. -->
SECTION 18. IC 20-25-13-5, AS ADDED BY P.L.1-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. Development and implementation of a staff
performance evaluation plan for each school is a condition for
accreditation for the school under IC 20-19-2-8(a)(5).
IC 20-19-2-8(a)(4).
SOURCE: IC 20-27-8-10; (10)IN1292.1.19. -->
SECTION 19. IC 20-27-8-10, AS ADDED BY P.L.1-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 10. (a) An individual who does not have at least
thirty (30) days experience in driving a school bus during the three (3)
year period immediately preceding the effective date of the individual's
assignment as a school bus driver for a public or nonpublic school that
is accredited by the state board within Indiana shall satisfactorily
complete a preservice school bus driver safety education training
course. The course may not exceed forty (40) hours.
(b) Course attendance must be completed:
(1) before the assignment of an individual required to take the
course as a school bus driver; or
(2) if immediate assignment is necessary, upon the completion of
the next scheduled course following the assignment.
(c) The state superintendent Indiana criminal justice institute
shall provide instructors, adequate meeting facilities, registration
forms, a uniform course of instruction, and all other necessary
materials for the preservice school bus driver safety education
meetings, as provided under IC 5-2-6-28.
SOURCE: IC 20-28-11-4; (10)IN1292.1.20. -->
SECTION 20. IC 20-28-11-4, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. Development and implementation of a plan is
a condition of accreditation under IC 20-19-2-8(a)(5).
IC 20-19-2-8(a)(4).
SOURCE: IC 20-32-5-17; (10)IN1292.1.21. -->
SECTION 21. IC 20-32-5-17, AS ADDED BY P.L.1-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 17. (a) If a nonpublic school seeks accreditation
as authorized under IC 20-19-2-8(a)(5), IC 20-19-2-8(a)(4), the
governing body of the nonpublic school is entitled to acquire at no
charge from the department:
(1) the ISTEP program test; and
(2) the scoring reports used by the department.
(b) The nonpublic school seeking accreditation must:
(1) administer the ISTEP program test to its students at the same
time that school corporations administer the test; and
(2) make available to the department the results of the ISTEP
program testing.
SOURCE: IC 20-33-3-7; (10)IN1292.1.22. -->
SECTION 22. IC 20-33-3-7, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 7. (a) This chapter applies to a child less than
eighteen (18) years of age who is employed or is seeking employment
in Indiana.
(b) A child less than eighteen (18) years of age who is a resident of
Indiana and who requires an employment certificate shall obtain the
employment certificate from the issuing officer of the:
(1) accredited school (as described in IC 20-19-2-8(a)(5))
IC 20-19-2-8(a)(4)) that the child attends; or
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not a resident
of Indiana and who requires an employment certificate to work in
Indiana shall obtain the certificate from the issuing officer of the school
corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend the
application of this chapter in cases involving juvenile delinquents or
incorrigibles whenever, in the opinion of the judge, the welfare of a
child warrants this action.
SOURCE: IC 20-33-3-8; (10)IN1292.1.23. -->
SECTION 23. IC 20-33-3-8, AS AMENDED BY P.L.1-2007,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The issuing officer in each
accredited school (as described in IC 20-19-2-8(a)(5))
IC 20-19-2-8(a)(4)) shall be an individual who is:
(1) a guidance counselor;
(2) a school social worker; or
(3) an attendance officer for the school corporation and a teacher
licensed by the division of professional standards of the
department under IC 20-28-4 or IC 20-28-5;
and designated in writing by the principal.
(b) During the times in which the individual described in subsection
(a) is not employed by the school or when school is not in session, there
shall be an issuing officer available:
(1) who is a teacher licensed by the division of professional
standards of the department under IC 20-28-4 or IC 20-28-5; and
(2) whose identity and hours of work shall be determined by the
principal.
SOURCE: ; (10)IN1292.1.24. -->
SECTION 24. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "institute" refers to the Indiana criminal justice
institute established by IC 5-2-6-3.
(b) Notwithstanding IC 5-2-6-25, IC 5-2-6-26, and IC 5-2-6-27,
all as added by this act, the institute shall carry out the duties
imposed upon the institute under IC 5-2-6-25, IC 5-2-6-26, and
IC 5-2-6-27, all as added by this act, under interim written
guidelines approved by the executive director of the institute.
(c) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 5-2-6-25, IC 5-2-6-26,
and IC 5-2-6-27, all as added by this act.
(2) December 31, 2011.
SOURCE: ; (10)IN1292.1.25. -->
SECTION 25.
An emergency is declared for this act.