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2017 Op. Ind. Att'y Gen. 1 (2017)

handle is hein.sag/sagin0134 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR CURTIS T. HILL JR. 302 V. WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 TELEPHONE: 317.232.6201 INDIANA ATTORNEY GENERAL wWW.AttorneyGenerlJN.gov FAX: 317.232.7979 February 9, 2017 OFFICIAL OPINION 2017-1 The Honorable Jerry Torr The Honorable Donna Schaibley Indiana State House 200 W. Washington Street Indianapolis, IN 46204 RE: Municipal Regulation of Golf Carts Dear Representatives Torr and Schaibley: You requested the opinion of the Office of the Indiana Attorney General (OAG) as to what extent a municipality may prescribe certain requirements for golf carts operating on public streets and roadways within its jurisdiction. REQUESTOR STANDING Ind.Codc § 4-6-2-5 contemplates that either house of the General Assembly may request, by resolution, an official advisory opinion of the Attorney General as to the constitutionality of an existing or proposed piece of legislation. The final clause of that same statutory enactment grants to the Attorney General the discretion to render (or decline to render) opinions sought by individual state legislators about other matters, including questions of statutory interpretation having statewide significance, and which are likely to recur while evading judicial review. QUESTION PRESENTED Can a municipality, operating under Ind. Code § 9-21-1-3.3 (Ordinances Regarding Use of Golf Carts on Highway), require golf carts to be outfitted with safety equipment that, by state law, is required for motor vehicles generally (pursuant to Ind. Code, art. 9-19), without violating Ind. Code § 9-21-1-3.3(a)(1), which prohibits ordinances that conflict with or duplicate another state law (emphasis supplied)? Page 1 of 5

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