July 23, 2014 at 2:10 p.m.

Davis files golf cart bill (01/14/2009)


By By STEVE GARBACZ-

After a summer of confusion about how police should handle golf carts on the roadways, Jay County's state representative is taking the initiative to get something on the books.

State Rep. Bill Davis (R-Portland) introduced a bill Tuesday that would solve problems that arose during 2008 between governments and the Indiana State Police about golf cart travel.

Since there is currently no definite description of a golf cart in the code, golf carts fall under the general category of "motor vehicle," which includes everyday automobiles. Since golf carts do no meet the safety specifications of "vehicles," they could not be licensed by the Bureau of Motor Vehicles, technically making them illegal on roadways despite local ordinances.

House Bill 1277, if passed, will have two major effects. First, it will specifically define a golf cart in the code and, second, will allow local governments to pass ordinances deciding whether the carts can be driven on roads falling under their jurisdiction.

The bill also specifically allows governments the option to require that golf carts are equipped with a slow-moving vehicle sign or flashers, or that drivers carry a valid operator's license.

"We just wanted to make sure that local units of government have the authority to pass an ordinance and regulate (golf carts)," Davis said.

"It's an issue that's going around the state. I think it will get a good hearing."

During the summer, the Jay County Commissioners tossed around the idea of an ordinance allowing golf carts on county roads, but amid announcements from Indiana State Police and the BMV stating the technical illegality of driving golf cart, dropped the issue without any action.

The topic could be back on the table if the bill clears the Statehouse.

"The State's going to have to recognize what a vehicle is," said commissioner Milo Miller Jr. "There's no sense in putting an ordinance in effect if we don't know. Right now the law is pretty vague on what a vehicle is."

The City of Portland already approved a golf cart ordinance in 2006. The new bill, if passed, would legitimize that ordinance.

A spokesman for the Indiana State Police said this morning they could not comment on whether the legislature would solve the issue, but said state troopers will follow the code.

"Normally we don't offer input to the legislature," said Dave Bursten, public information officer for ISP, Indianapolis branch. "Our position is, whatever the legislature deems appropriate, we will enforce it."

In other business at the Statehouse, Davis:

•Said the Ways and Means Committee, on which he sits, had its first budget hearing Tuesday. Davis said the legislature is "just getting started" on the budget, but seems to be split into three philosophies on how to proceed.

"There are a number of folks, especially on the Democratic side, who believe we need to spend more money - that we don't have," he said. "Then there is a feeling by a group that believes not only should we not spend more money, but cut more. Then there is a group that just wants to make sure we have a balanced budget and that we operate within our means."

Davis said he also agreed with Gov. Mitch Daniels' assessment of the state following Tuesday evening's State of the State address.

"Times are tough and challenging, but we are not in a crisis," he said. "It is in tough times that we have to stay the course and work hard to find solutions that include a balanced budget, no tax increases and property tax caps."

•Plans to introduce a gasoline tax bill that would help fund local street departments. The bill would send 50 percent of gas tax money to local streets and roads funds if the price of gasoline climbs above $2.50 before taxes.

The plan would help local departments fight fuel costs, which become crippling due to poor miles-per-gallon ratings on their vehicles, as well as keeping a steady cash flow to road funds if consumers cut back on driving habits in the future.

•Said discussion about the Kernan-Shepherd recommendations has been quiet. Those recommendations include major reforms to county government, including eliminating the commissioners and creating a single county executive, who would appoint other county officials outside of the clerk, auditor and sheriff, as well as eliminating townships and consolidating school corporations around the state.

With the budget as the hot topic and about 400 other bills introduced so far, it may not be discussed into later in the session. The discussion will begin in the Senate before coming to the House.

While Davis said he is in favor of passing the Kernan-Shepherd reforms as presented, other legislators have been discussing the issue and trying to figure out a workable solution.

"I keep hearing it in various forms, that varies depending on what part of the state you're in," he said. "Everybody has an opinion. It's going to be an interesting debate. What I hope comes out of that ... is a more efficient government ... one that is more efficient and more streamlined."[[In-content Ad]]
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