AGO 2003-02.

• Case Date: January 31, 2003
• Court: Indiana

Indiana Attorney General Opinions 2003. AGO 2003-02. January 31, 2003OPINION NO. 2003-2State Representative Daniel A. Dumezich State Representative Dan Stevenson State of Indiana House of Representatives Third Floor State House Indianapolis, Indiana 46204 RE: Local Ordinances and State LawsDear Representatives Dumezich and Stevenson: This letter is in response to your request for an opinion on the following questions:

Question 1. May a city or town enact a local ordinance that is similar to an existing state statute in order to capture the revenue generated by any resulting fines levied by the city or town for violations of the local ordinance?

Question 2. Does state law prohibit a city or town from enacting a local ordinance that mirrors an existing state statute in order to capture the revenue generated by any resulting fines levied by the city or town for violations of the local ordinance? Question 3. Does state law allow or specifically prohibit a city or town from enacting a seat belt ordinance, which is similar to the existing state statute regarding seat belts, in order to allow the city to keep the revenue generated by the levied fines at the local level in lieu of returning those fines to the state? Question 4. How would such a seat belt ordinance differ from other local ordinances that mirror state law such as fines levied for infractions like speeding? BRIEF ANSWERS Questions 1 & 2: The Home Rule Act expressly prohibits local units of government from adopting local ordinances which assign a penalty for an act that constitutes a crime or infraction under state statute. A state statute must be evaluated to determine if the statute deals comprehensively with a subject matter; local ordinances might not be preempted if a state statute does not deal comprehensively with a subject matter and there is room for supplemental local regulation. However, a city or town may not enact a local ordinance where there is an existing state statute dealing comprehensively with the subject matter and local law is considered preempted by state law. Question 3: The General Assembly has preempted any local initiatives regarding motor vehicle equipment, such as seatbelts, by enacting comprehensive statewide laws regarding such equipment and by withholding any reference to a local unit's specific statutory authority to supplement...