« Ind. Decisions - Still more on the webcasting of COA oral arguments | Main | Ind. Decisions - More on: Federal Judge Barker enjoins 10% cuts in foster care payments »

Friday, January 22, 2010

Ind. Law - More on: Legislation proposed to remedy Indiana's 2009 golf cart legislation [Updated]

Updating this ILB entry from Dec. 13th, which explained the need to correct the golf cart legislation last year, WTCA 1050, Plymouth, reports:

Golf cart owners are one step closer to being able to drive on certain county roads across Indiana.

With overwhelming support, the Indiana House passed legislation (House Bill 1078) by State Representative Nancy Dembowski (D- Knox) that will enable a county to adopt a strict ordinance to allow licensed drivers to use golf carts on roads with speed limits of 35 mph or less.

“Many counties across Indiana and had been excluded from provision of a state law passed in 2009 that gave cities and towns the authority to allow golf carts on their streets,” said Dembowski. “HB 1078 will give parity in local ordinances.”

“For the residents who live in the Bass Lake, Koontz Lake and Lake Maxinkuckee communities, driving golf carts on streets is a major mode of transportation. HB 1078 will allow those residents living in those counties to have the same advantages as cities and towns,” she added.

Any fines for violations would be deposited into the county’s general fund.

“I have more than 25 lakes in my district, so I hope with HB 1078 I can get some relief for residents,” said Dembowski.

[Updated 1/25/10] Here is an extended version of Rusty Nixon's story in the Marshall County Pilot News, some of which was quoted above. State Rep. Nancy Dembowski (D- Knox) is quoted:
“Many counties across Indiana had been excluded from provision of a state law passed in 2009 that gave cities and towns the authority to allow golf carts on their streets,” said Dembowski. “HB 1078 will give parity in local ordinances.”

“For the residents who live in the Bass Lake, Koontz Lake and Lake Maxinkuckee communities, driving golf carts on streets is a major mode of transportation. HB 1078 will allow those residents living in those counties to have the same advantages as cities and towns,” she added.

The legislation will allow the Marshall County Commissioners to pass their own ordinance that will govern the use of golf carts on those county roads. * * *

The current law prohibits the operation of golf carts on any county road.

“For example the (Plymouth Country Club) golf course out at Pretty Lake has two county roads going through it that actually separate parts of the course,” said Kevin Overmyer, president of the Marshall County Commissioners . “Technically it’s illegal for golfers to cross those roads in their golf carts to get to the other holes. They can actually be ticketed for doing so.”

The new law, if passed, will allow Marshall County to fix those problems.

“There are places around Lake Maxincuckee, and Bass Lake where this is a problem,” said Overmyer. “There are parts of the (Culver) Academy that are separated by county roads and crossing them in a golf cart has been a violation. This really wasn’t a problem before the new state law went into effect July 1. Cities were allowed to make their own ordinances but counties weren’t.”

Posted by Marcia Oddi on January 22, 2010 09:56 AM
Posted to Indiana Law