City council supports policies on unlicensed drivers, urges General Assembly to take action in next session

SEYMORE, Ind. (The Tribune) — Seymour Common Council granted their support to potential legislation addressing public safety concerns regarding the detention and documentation of unlicensed drivers. Now it’s up to the Indiana General Assembly to put those measures in place.

Three resolutions were presented to the council Monday urging lawmakers to amend state code to toughen detention policies for those committing traffic misdemeanors and the documentation of individuals intentionally or knowingly driving without a license.

Resolution No. 34 Council Bill 70 is a resolution of the council in support of the detention and documentation of individuals driving without a license to ensure accountability and tracking. Resolution No. 35 Council Bill 71 is another in support of “Brad’s Law” to enhance penalties for individuals knowingly operating vehicles without ever having received a license and addresses crime involving non-citizens.

A third resolution, No. 37 Council Bill 73, presented by councilman Chad Hubbard essentially urges the General Assembly to amend state code regarding driving without a license, making it an offense that would require the individuals to be taken into custody and jailed.

All resolutions were passed 6-0-1, with councilman Seth Davidson absent.

Hubbard said when reviewing the two resolutions councilman Bob Beatty presented at the previous council meeting he found constitutional issues, but did not explain what he found to be unconstitutional.

Beatty disputed the resolutions as unconstitutional and said they are meant to indicate support for a change in law and to tighten procedures that enhance public safety.

“I do not dispute that your (Hubbard) resolution may be a cleaner way to do that, but we have these resolutions on the table,” Beatty said.

District 69 State Rep. Jim Lucas said the resolutions are a “feel-good measure” at most, but are not legally binding.

“You guys are recommending something that I have been working on for months,” Lucas said. “Any support you can give me will help push it through, but this isn’t binding.”

The Indiana House of Representatives will reconvene at 1:30 p.m. Jan. 8 and Todd Huston, speaker of the Indiana House of Representatives will assign proposed bills to the appropriate committee. Those committees will then determine if they want that to give a hearing for a certain bill.

Lucas said some concepts of bills he plans to propose regards cracking down on LLC’s, medical cannabis, an education bill to empower parent and teacher choice in education opportunities, toughening policy on individuals driving without ever receiving a license and eliminating gun-free zones on public properties. He also is researching a way to bring driver’s education courses back to high schools.

If House committees decide not to give a certain bill a hearing, that bill will be considered “dead” for a year.

“Any letter of support you can give me to take to the statehouse will be extremely helpful,” Lucas said.

City attorney Chris Engleking was asked to provide her legal opinion if resolutions 34 and 35 raised any unconstitutional concerns.

She said her first concern was council overstepping its authority over the police department to set policy and she had concerns regarding potential civil rights violations.

“I think this a civil liability can of worms,” she said.

Beatty reiterated these resolutions only support actions the Statehouse is willing to take.

“Yes, it needs to be vetted out, but that is not our job,” he said. “That’s the statehouse’s job.”

Seymour resident John Stahl spoke in favor of the resolutions.

“I don’t think these resolutions are asking you to be lawyers or legislators. They are just asking you to support this direction,” he said. “Brad’s Law states if it is vetted and it hasn’t been vetted.”

Lucas told The Tribune Tuesday morning that this year will be an interesting legislative session, and he is looking forward to what changes come from it.

This story was originally published by The Tribune on Dec. 10, 2024.