Indiana 2023 Regular Session

Indiana House Bill HB1204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1204.3
	2	+	Reprinted
	3	+	April 12, 2023
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1204
	6	+	_____
	7	+	DIGEST OF HB 1204 (Updated April 11, 2023 3:42 pm - DI 92)
	8	+	Citations Affected: IC 9-13; IC 9-20; noncode.
	9	+	Synopsis: Enforcement of weight limits for overweight loads. Defines
	10	+	"aggregate". Provides that a penalty for transporting a load in excess of
	11	+	the registered limit of the load for the transporting vehicle does not
	12	+	apply to a vehicle or combination of vehicles that transports aggregate
	13	+	if the weight of the vehicle with load does not exceed the gross weight
	14	+	limit and the axle weight limit by more than 10%. Provides for when
	15	+	the department of state revenue (department) may assess a civil penalty
	16	+	for a vehicle or load that is in excess of the legal weight or dimensional
	17	+	limits. Provides for the penalties the department may charge for a
	18	+	violation. Urges the legislative council to assign to the appropriate
	19	+	interim study committee the task of studying civil penalty assessments
	20	+	and the enforcement of overweight loads as it pertains to the impact on
	21	+	state infrastructure.
	22	+	Effective: Upon passage; July 1, 2023.
	23	+	Karickhoff, Pressel, Manning,
	24	+	Frye R
	25	+	(SENATE SPONSORS — MESSMER, CRIDER, G ARTEN, BUCK, BYRNE)
	26	+	January 10, 2023, read first time and referred to Committee on Roads and Transportation.
	27	+	February 7, 2023, amended, reported — Do Pass.
	28	+	February 9, 2023, read second time, ordered engrossed.
	29	+	February 10, 2023, engrossed.
	30	+	February 13, 2023, read third time, passed. Yeas 97, nays 1.
	31	+	SENATE ACTION
	32	+	February 27, 2023, read first time and referred to Committee on Homeland Security and
	33	+	Transportation.
	34	+	April 4, 2023, amended, reported favorably — Do Pass.
	35	+	April 6, 2023, read second time, amended, ordered engrossed.
	36	+	April 10, 2023, engrossed. Returned to second reading.
	37	+	April 11, 2023, re-read second time, amended, ordered engrossed.
	38	+	EH 1204—LS 6648/DI 139 Reprinted
	39	+	April 12, 2023
1	40		First Regular Session of the 123rd General Assembly (2023)
2	41		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	42		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	43		additions will appear in this style type, and deletions will appear in this style type.
5	44		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	45		provision adopted), the text of the new provision will appear in this style type. Also, the
7	46		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	47		a new provision to the Indiana Code or the Indiana Constitution.
9	48		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	49		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1204
12		-	AN ACT to amend the Indiana Code concerning motor vehicles.
	50	+	ENGROSSED
	51	+	HOUSE BILL No. 1204
	52	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	53	+	motor vehicles.
13	54		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 9-13-2-1.8 IS ADDED TO THE INDIANA CODE
	55	+	1 SECTION 1. IC 9-13-2-1.8 IS ADDED TO THE INDIANA CODE
	56	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	57	+	3 1, 2023]: Sec. 1.8. "Aggregate" includes:
	58	+	4 (1) sand;
	59	+	5 (2) gravel;
	60	+	6 (3) dirt;
	61	+	7 (4) concrete;
	62	+	8 (5) shell;
	63	+	9 (6) slag;
	64	+	10 (7) millings;
	65	+	11 (8) crushed stone;
	66	+	12 (9) other construction materials; and
	67	+	13 (10) any combination of materials described in this section;
	68	+	14 regardless of whether the material is in a natural or processed
	69	+	15 state.
	70	+	16 SECTION 2. IC 9-20-4-0.5 IS ADDED TO THE INDIANA CODE
	71	+	17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	72	+	EH 1204—LS 6648/DI 139 2
	73	+	1 1, 2023]: Sec. 0.5. As used in this chapter, "aggregate" has the
	74	+	2 meaning set forth in IC 9-13-2-1.8.
	75	+	3 SECTION 3. IC 9-20-4-2, AS AMENDED BY P.L.127-2021,
	76	+	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	77	+	5 JULY 1, 2023]: Sec. 2. (a) Section 1 of this chapter relating to vehicle
	78	+	6 weight, section 3 of this chapter assessing a penalty for transporting a
	79	+	7 load in excess of the registered limit of the load for the transporting
	80	+	8 vehicle, and section 3 of this chapter prohibiting a person from moving
	81	+	9 a transported vehicle with an excess load until a penalty is paid do not
	82	+	10 apply to a vehicle or combination of vehicles that transports:
	83	+	11 (1) farm commodities from the place of production to the first
	84	+	12 point of delivery where the commodities are weighed if the weight
	85	+	13 of the vehicle with load or combination of vehicles with load does
	86	+	14 not exceed the gross weight limit by more than ten percent (10%);
	87	+	15 or
	88	+	16 (2) logs, wood chips, bark, and sawdust if the weight of the
	89	+	17 vehicle with load does not exceed either:
	90	+	18 (A) the gross weight limit; or
	91	+	19 (B) the axle weight limit;
	92	+	20 by more than ten percent (10%); or
	93	+	21 (3) aggregate, if the weight of the vehicle with load does not
	94	+	22 exceed:
	95	+	23 (A) the gross weight limit; and
	96	+	24 (B) the axle weight limit by more than ten percent (10%).
	97	+	25 (b) A person who transports vehicles or loads and exceeds an
	98	+	26 exemption in subsection (a) is subject to permit requirements under this
	99	+	27 article.
	100	+	28 (c) The exemptions in subsection (a) do not apply to the following:
	101	+	29 (1) Weight limits imposed for bridges or sections of highways
	102	+	30 under IC 9-20-1-3.
	103	+	31 (2) A vehicle operated on any part of an interstate highway.
	104	+	32 SECTION 4. IC 9-20-18-14.5, AS AMENDED BY P.L.179-2021,
	105	+	33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	106	+	34 JULY 1, 2023]: Sec. 14.5. (a) The civil penalties imposed under this
	107	+	35 section are in addition to the other civil penalties that may be imposed
	108	+	36 under IC 8 and IC 9. Notwithstanding section 12 of this chapter, a civil
	109	+	37 penalty imposed under this section:
	110	+	38 (1) is imposed on the carrier transporting the vehicle or load;
	111	+	39 (2) shall be deposited in the motor carrier regulation fund
	112	+	40 established by IC 8-2.1-23-1;
	113	+	41 (3) is in addition to any fees or fines imposed by a court; and
	114	+	42 (4) is assessed and determined by the department of state revenue
	115	+	EH 1204—LS 6648/DI 139 3
	116	+	1 in accordance with the procedures in IC 6-8.1-5-1.
	117	+	2 (b) A carrier transporting vehicles or loads under a permit issued
	118	+	3 under this article that is violated with respect to this article subjects the
	119	+	4 carrier to a civil penalty of not more than one thousand dollars ($1,000)
	120	+	5 for the first violation and not more than one thousand five hundred
	121	+	6 dollars ($1,500) for each subsequent violation.
	122	+	7 (c) A carrier that transports vehicles or loads subject to this article
	123	+	8 and fails to obtain a permit required under this article is subject to a
	124	+	9 civil penalty of not more than five thousand dollars ($5,000) for each
	125	+	10 violation described in an Indiana state police vehicle examination
	126	+	11 report.
	127	+	12 (d) A carrier that transports vehicles or loads subject to this article
	128	+	13 in excess of the legal weight or dimensional limits and for which no
	129	+	14 permit is available to allow for such excess weight or dimension is
	130	+	15 subject to a civil penalty of not more than ten thousand dollars
	131	+	16 ($10,000) for each issued Indiana state police vehicle examination
	132	+	17 report as follows:
	133	+	18 (1) The department of state revenue may assess a civil penalty
	134	+	19 of five hundred dollars ($500) for a violation when a vehicle
	135	+	20 or load is in excess of the dimensional limits.
	136	+	21 (2) The department of state revenue may assess a civil penalty
	137	+	22 of:
	138	+	23 (A) five hundred dollars ($500) for a violation when the
	139	+	24 total excess weight is at least one thousand (1,000) pounds
	140	+	25 and less than five thousand (5,000) pounds;
	141	+	26 (B) one thousand dollars ($1,000) for a violation when the
	142	+	27 total excess weight is at least five thousand (5,000) pounds
	143	+	28 and less than ten thousand (10,000) pounds; or
	144	+	29 (C) five thousand dollars ($5,000) for a violation when the
	145	+	30 total excess weight is at least ten thousand (10,000) pounds.
	146	+	31 (e) The department of state revenue may not assess a penalty under
	147	+	32 this section after more than one (1) year has passed from the date the
	148	+	33 department is notified of a violation described under subsection (b),
	149	+	34 (c), or (d).
	150	+	35 (f) A carrier against whom a civil penalty is imposed under this
	151	+	36 section may protest the civil penalty and request an administrative
	152	+	37 hearing. If a carrier protests a civil penalty, the department of state
	153	+	38 revenue shall allow the carrier an opportunity to present information as
	154	+	39 to why the civil penalty should not be assessed or reduced pursuant to
	155	+	40 a defense provided under section 7 of this chapter.
	156	+	41 (g) The department of state revenue's notice of proposed assessment
	157	+	42 under IC 6-8.1-5-1 is presumptively valid.
	158	+	EH 1204—LS 6648/DI 139 4
	159	+	1 (h) The department shall adopt rules under IC 4-22-2 regarding
	160	+	2 the assessment of civil penalties in accordance with this section.
	161	+	3 SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The legislative
	162	+	4 council is urged to assign to an appropriate interim study
	163	+	5 committee the task of studying civil penalty assessments and the
	164	+	6 enforcement of overweight loads as it pertains to the impact on
	165	+	7 state infrastructure.
	166	+	8 (b) This SECTION expires January 1, 2024.
	167	+	9 SECTION 6. An emergency is declared for this act.
	168	+	EH 1204—LS 6648/DI 139 5
	169	+	COMMITTEE REPORT
	170	+	Mr. Speaker: Your Committee on Roads and Transportation, to
	171	+	which was referred House Bill 1204, has had the same under
	172	+	consideration and begs leave to report the same back to the House with
	173	+	the recommendation that said bill be amended as follows:
	174	+	Delete everything after the enacting clause and insert the following:
	175	+	(SEE TEXT OF BILL)
	176	+	and when so amended that said bill do pass.
	177	+	(Reference is to HB 1204 as introduced.)
	178	+	PRESSEL
	179	+	Committee Vote: yeas 13, nays 0.
	180	+	_____
	181	+	COMMITTEE REPORT
	182	+	Madam President: The Senate Committee on Homeland Security
	183	+	and Transportation, to which was referred House Bill No. 1204, has
	184	+	had the same under consideration and begs leave to report the same
	185	+	back to the Senate with the recommendation that said bill be
	186	+	AMENDED as follows:
	187	+	Page 1, between the enacting clause and line 1, begin a new
	188	+	paragraph and insert:
	189	+	"SECTION 1. IC 9-13-2-1.8 IS ADDED TO THE INDIANA CODE
15	190		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2023]: Sec. 1.8. "Aggregate" includes:
17		-	(1) sand;
18		-	(2) gravel;
19		-	(3) dirt;
20		-	(4) concrete;
21		-	(5) shell;
22		-	(6) slag;
23		-	(7) millings;
24		-	(8) crushed stone;
25		-	(9) other construction materials; and
26		-	(10) any combination of materials described in this section;
27		-	regardless of whether the material is in a natural or processed
28		-	state.
	191	+	1, 2023]: Sec. 1.8. "Aggregate" means any combination of sand,
	192	+	gravel, and crushed stone in its natural or processed state.
29	193		SECTION 2. IC 9-20-4-0.5 IS ADDED TO THE INDIANA CODE
30	194		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31	195		1, 2023]: Sec. 0.5. As used in this chapter, "aggregate" has the
32	196		meaning set forth in IC 9-13-2-1.8.
33	197		SECTION 3. IC 9-20-4-2, AS AMENDED BY P.L.127-2021,
34	198		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	199		JULY 1, 2023]: Sec. 2. (a) Section 1 of this chapter relating to vehicle
36		-	HEA 1204 — Concur 2
37	200		weight, section 3 of this chapter assessing a penalty for transporting a
38	201		load in excess of the registered limit of the load for the transporting
39	202		vehicle, and section 3 of this chapter prohibiting a person from moving
40	203		a transported vehicle with an excess load until a penalty is paid do not
41	204		apply to a vehicle or combination of vehicles that transports:
	205	+	EH 1204—LS 6648/DI 139 6
42	206		(1) farm commodities from the place of production to the first
43	207		point of delivery where the commodities are weighed if the weight
44	208		of the vehicle with load or combination of vehicles with load does
45	209		not exceed the gross weight limit by more than ten percent (10%);
46	210		or
47	211		(2) logs, wood chips, bark, and sawdust if the weight of the
48	212		vehicle with load does not exceed either:
49	213		(A) the gross weight limit; or
50	214		(B) the axle weight limit;
51	215		by more than ten percent (10%); or
52	216		(3) aggregate, if the weight of the vehicle with load does not
53	217		exceed:
54	218		(A) the gross weight limit; and
55	219		(B) the axle weight limit by more than ten percent (10%).
56	220		(b) A person who transports vehicles or loads and exceeds an
57	221		exemption in subsection (a) is subject to permit requirements under this
58	222		article.
59	223		(c) The exemptions in subsection (a) do not apply to the following:
60	224		(1) Weight limits imposed for bridges or sections of highways
61	225		under IC 9-20-1-3.
62		-	(2) A vehicle operated on any part of an interstate highway.
63		-	SECTION 4. IC 9-20-18-14.5, AS AMENDED BY P.L.179-2021,
64		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
65		-	JULY 1, 2023]: Sec. 14.5. (a) The civil penalties imposed under this
66		-	section are in addition to the other civil penalties that may be imposed
67		-	under IC 8 and IC 9. Notwithstanding section 12 of this chapter, a civil
68		-	penalty imposed under this section:
69		-	(1) is imposed on the carrier transporting the vehicle or load;
70		-	(2) shall be deposited in the motor carrier regulation fund
71		-	established by IC 8-2.1-23-1;
72		-	(3) is in addition to any fees or fines imposed by a court; and
73		-	(4) is assessed and determined by the department of state revenue
74		-	in accordance with the procedures in IC 6-8.1-5-1.
75		-	(b) A carrier transporting vehicles or loads under a permit issued
76		-	under this article that is violated with respect to this article subjects the
77		-	carrier to a civil penalty of not more than one thousand dollars ($1,000)
78		-	for the first violation and not more than one thousand five hundred
79		-	HEA 1204 — Concur 3
80		-	dollars ($1,500) for each subsequent violation.
81		-	(c) A carrier that transports vehicles or loads subject to this article
82		-	and fails to obtain a permit required under this article is subject to a
83		-	civil penalty of not more than five thousand dollars ($5,000) for each
84		-	violation described in an Indiana state police vehicle examination
85		-	report.
86		-	(d) A carrier that transports vehicles or loads subject to this article
87		-	in excess of the legal weight or dimensional limits and for which no
88		-	permit is available to allow for such excess weight or dimension is
89		-	subject to a civil penalty of not more than ten thousand dollars
90		-	($10,000) for each issued Indiana state police vehicle examination
91		-	report as follows:
92		-	(1) The department of state revenue may assess a civil penalty
93		-	of five hundred dollars ($500) for a violation when a vehicle
94		-	or load is in excess of the dimensional limits.
95		-	(2) The department of state revenue may assess a civil penalty
96		-	of:
97		-	(A) five hundred dollars ($500) for a violation when the
98		-	total excess weight is at least one thousand (1,000) pounds
99		-	and less than five thousand (5,000) pounds;
100		-	(B) one thousand dollars ($1,000) for a violation when the
101		-	total excess weight is at least five thousand (5,000) pounds
102		-	and less than ten thousand (10,000) pounds; or
103		-	(C) five thousand dollars ($5,000) for a violation when the
104		-	total excess weight is at least ten thousand (10,000) pounds.
105		-	(e) The department of state revenue may not assess a penalty under
106		-	this section after more than one (1) year has passed from the date the
107		-	department is notified of a violation described under subsection (b),
108		-	(c), or (d).
109		-	(f) A carrier against whom a civil penalty is imposed under this
110		-	section may protest the civil penalty and request an administrative
111		-	hearing. If a carrier protests a civil penalty, the department of state
112		-	revenue shall allow the carrier an opportunity to present information as
113		-	to why the civil penalty should not be assessed or reduced pursuant to
114		-	a defense provided under section 7 of this chapter.
115		-	(g) The department of state revenue's notice of proposed assessment
116		-	under IC 6-8.1-5-1 is presumptively valid.
117		-	(h) The department shall adopt rules under IC 4-22-2 regarding
118		-	the assessment of civil penalties in accordance with this section.
119		-	SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The legislative
	226	+	(2) A vehicle operated on any part of an interstate highway.".
	227	+	Page 2, after line 38, begin a new paragraph and insert:
	228	+	"SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The legislative
120	229		council is urged to assign to an appropriate interim study
121	230		committee the task of studying civil penalty assessments and the
122		-	HEA 1204 — Concur 4
123	231		enforcement of overweight loads as it pertains to the impact on
124	232		state infrastructure.
125	233		(b) This SECTION expires January 1, 2024.
126		-	SECTION 6. An emergency is declared for this act.
127		-	HEA 1204 — Concur Speaker of the House of Representatives
128		-	President of the Senate
129		-	President Pro Tempore
130		-	Governor of the State of Indiana
131		-	Date: Time:
132		-	HEA 1204 — Concur
	234	+	SECTION 6. An emergency is declared for this act.".
	235	+	Renumber all SECTIONS consecutively.
	236	+	and when so amended that said bill do pass.
	237	+	(Reference is to HB 1204 as printed February 7, 2023.)
	238	+	CRIDER, Chairperson
	239	+	Committee Vote: Yeas 8, Nays 0.
	240	+	EH 1204—LS 6648/DI 139 7
	241	+	SENATE MOTION
	242	+	Madam President: I move that Engrossed House Bill 1204 be
	243	+	amended to read as follows:
	244	+	Page 1, line 4, after "gravel," insert "dirt,".
	245	+	(Reference is to EHB 1204 as printed April 5, 2023.)
	246	+	MESSMER
	247	+	_____
	248	+	SENATE MOTION
	249	+	Madam President: I move that Engrossed House Bill 1204, which
	250	+	is eligible for third reading, be returned to second reading for purposes
	251	+	of amendment.
	252	+	MESSMER
	253	+	_____
	254	+	SENATE MOTION
	255	+	Madam President: I move that Engrossed House Bill 1204 be
	256	+	amended to read as follows:
	257	+	Page 1, delete lines 1 through 4, begin a new paragraph and insert:
	258	+	"SECTION 1. IC 9-13-2-1.8 IS ADDED TO THE INDIANA CODE
	259	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	260	+	1, 2023]: Sec. 1.8. "Aggregate" includes:
	261	+	(1) sand;
	262	+	(2) gravel;
	263	+	(3) dirt;
	264	+	(4) concrete;
	265	+	(5) shell;
	266	+	(6) slag;
	267	+	(7) millings;
	268	+	(8) crushed stone;
	269	+	(9) other construction materials; and
	270	+	(10) any combination of materials described in this section;
	271	+	regardless of whether the material is in a natural or processed
	272	+	state.".
	273	+	Renumber all SECTIONS consecutively.
	274	+	(Reference is to EHB 1204 as reprinted April 7, 2023.)
	275	+	EH 1204—LS 6648/DI 139 8
	276	+	MESSMER
	277	+	EH 1204—LS 6648/DI 139