Indiana 2024 Regular Session

Indiana House Bill HB1092 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1092.1
	2	+	February 28, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1092
	5	+	_____
	6	+	DIGEST OF HB 1092 (Updated February 27, 2024 4:07 pm - DI 140)
	7	+	Citations Affected: IC 8-21.
	8	+	Synopsis: Financial responsibility for aircraft. Amends the definition
	9	+	of "operation of aircraft" or "operate aircraft" for purposes of the
	10	+	aircraft financial responsibility act. Increases the minimum amount of
	11	+	loss resulting from bodily injury, death, or property damage in an
	12	+	aircraft accident required to be reported to the Indiana department of
	13	+	transportation (department) from $100 to $7,500. Requires certain
	14	+	information to be included in a report of an aircraft accident. Requires
	15	+	the owner or operator of an aircraft to provide the information required
	16	+	(Continued next page)
	17	+	Effective: July 1, 2024.
	18	+	Mayfield, Pressel, Speedy,
	19	+	Johnson B
	20	+	(SENATE SPONSOR — DONATO)
	21	+	January 8, 2024, read first time and referred to Committee on Roads and Transportation.
	22	+	January 30, 2024, amended, reported — Do Pass.
	23	+	February 1, 2024, read second time, amended, ordered engrossed.
	24	+	February 2, 2024, engrossed.
	25	+	February 5, 2024, read third time, passed. Yeas 96, nays 2.
	26	+	SENATE ACTION
	27	+	February 12, 2024, read first time and referred to Committee on Homeland Security and
	28	+	Transportation.
	29	+	February 27, 2024, reported favorably — Do Pass.
	30	+	EH 1092—LS 6316/DI 141 Digest Continued
	31	+	to be reported to the department to a damaged or injured party or a
	32	+	damaged or injured party's representative upon request. Removes the
	33	+	department from a provision allowing certain entities to maintain an
	34	+	action to enjoin a person from engaging in the operation of an aircraft
	35	+	for failure to comply with the aircraft financial responsibility
	36	+	requirements. Specifies how payments shall be made from a security
	37	+	deposit. Specifies the fee for service of process on the secretary of
	38	+	state. Adds an additional insured to certain provisions in the aircraft
	39	+	financial responsibility act. Makes corresponding changes. Makes
	40	+	technical corrections.
	41	+	EH 1092—LS 6316/DI 141EH 1092—LS 6316/DI 141 February 28, 2024
1	42		Second Regular Session of the 123rd General Assembly (2024)
2	43		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	44		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	45		additions will appear in this style type, and deletions will appear in this style type.
5	46		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	47		provision adopted), the text of the new provision will appear in this style type. Also, the
7	48		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	49		a new provision to the Indiana Code or the Indiana Constitution.
9	50		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	51		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1092
12		-	AN ACT to amend the Indiana Code concerning transportation.
	52	+	ENGROSSED
	53	+	HOUSE BILL No. 1092
	54	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	55	+	transportation.
13	56		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-21-3-1, AS AMENDED BY P.L.136-2018,
15		-	SECTION 102, IS AMENDED TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2024]: Sec. 1. The following words and phrases
17		-	when used in this chapter shall, for the purpose of this chapter, unless
18		-	a different meaning appears from the context, have the following
19		-	meanings:
20		-	(1) The singular shall include the plural; the masculine shall
21		-	include the feminine and neuter, as requisite.
22		-	(2) "Aircraft" means any contrivance used or designed for
23		-	navigation of or flight in the air.
24		-	(3) "Aircraft accident" means any mishap involving an aircraft
25		-	resulting in injury or damage to such aircraft or to any person,
26		-	property, or thing.
27		-	(4) "Department" refers to the Indiana department of
28		-	transportation; and "state" or "this state" means the state of
29		-	Indiana.
30		-	(5) "Guest" means any person who rides in an aircraft for which
31		-	no charge is made for such ride or flight.
32		-	(6) (5) "Insured" means the person in whose name there is issued
33		-	an aircraft liability policy (as defined in section 12 of this chapter)
34		-	and any other person insured under the terms of such policy.
35		-	(7) (6) "Judgment" means any judgment, except a judgment
36		-	HEA 1092 2
37		-	rendered against this state or any political subdivision of this state
38		-	or any municipality in this state, which shall have become final by
39		-	expiration without appeal of the time within which appeal might
40		-	have been perfected, or by final affirmation on appeal, rendered
41		-	by a court of competent jurisdiction of any state or of the United
42		-	States.
43		-	(8) (7) "Operation of aircraft" or "operate aircraft" means the use
44		-	of aircraft for the purpose of air navigation, and includes the
45		-	navigation or piloting of aircraft. Any person who causes or
46		-	authorizes the operation of aircraft, whether with or without the
47		-	right of legal control (in the capacity of owner, lessee, aircraft
48		-	sales broker, or otherwise) of the aircraft, including an aircraft
49		-	otherwise considered inventory, if it is operated in flight, shall be
50		-	deemed to be engaged in the operation of aircraft within the
51		-	meaning of the statutes of this state.
52		-	(9) (8) "Operator" means any person who is in actual physical
53		-	control of an aircraft.
54		-	(10) (9) "Owner" means any person in whose name the aircraft is
55		-	certificated, licensed, or registered by appropriate federal or state
56		-	authority.
57		-	(11) "Passenger" means any person:
58		-	(A) in, on or boarding an aircraft for the purpose of riding in
59		-	the aircraft; or
60		-	(B) alighting from the aircraft following a flight or attempted
61		-	flight of the aircraft.
62		-	(12) (10) "Person" means any individual, firm, partnership,
63		-	corporation, company, limited liability company, association, joint
64		-	stock association, or body politic; and includes any trustee,
65		-	receiver, assignee, or other similar representative of an entity
66		-	described in this subdivision.
67		-	(13) (11) "Policy" or "insurance policy" means an aircraft liability
68		-	policy conforming to section 12 of this chapter.
69		-	(14) (12) "Proof of financial responsibility" has the meaning set
70		-	forth in section 8 of this chapter.
71		-	SECTION 2. IC 8-21-3-3 IS AMENDED TO READ AS FOLLOWS
72		-	[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Any person who, while
73		-	operating any aircraft, shall have been involved in any aircraft accident
74		-	in this state resulting in bodily injury or death, or in damage to property
75		-	of another in excess of one hundred seven thousand five hundred
76		-	dollars ($100) ($7,500) or the owner of such aircraft, shall within ten
77		-	(10) days following such aircraft accident report the same to the
78		-	department. Aircraft accident reports, as herein required, shall be
79		-	HEA 1092 3
80		-	submitted in such form as the department may prescribe.
81		-	(b) A report of an aircraft accident under this section must
82		-	include the following information:
83		-	(1) Name of the operator of the aircraft.
84		-	(2) Name of the owner of the aircraft.
85		-	(3) Means of financial responsibility and financial assurance.
86		-	(4) Date of the accident.
87		-	(5) Location of the accident.
88		-	(6) Federal Aviation Administration registration number.
89		-	(c) The owner or operator of an aircraft shall, upon request,
	57	+	1 SECTION 1. IC 8-21-3-1, AS AMENDED BY P.L.136-2018,
	58	+	2 SECTION 102, IS AMENDED TO READ AS FOLLOWS
	59	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 1. The following words and phrases
	60	+	4 when used in this chapter shall, for the purpose of this chapter, unless
	61	+	5 a different meaning appears from the context, have the following
	62	+	6 meanings:
	63	+	7 (1) The singular shall include the plural; the masculine shall
	64	+	8 include the feminine and neuter, as requisite.
	65	+	9 (2) "Aircraft" means any contrivance used or designed for
	66	+	10 navigation of or flight in the air.
	67	+	11 (3) "Aircraft accident" means any mishap involving an aircraft
	68	+	12 resulting in injury or damage to such aircraft or to any person,
	69	+	13 property, or thing.
	70	+	14 (4) "Department" refers to the Indiana department of
	71	+	15 transportation; and "state" or "this state" means the state of
	72	+	16 Indiana.
	73	+	17 (5) "Guest" means any person who rides in an aircraft for which
	74	+	EH 1092—LS 6316/DI 141 2
	75	+	1 no charge is made for such ride or flight.
	76	+	2 (6) (5) "Insured" means the person in whose name there is issued
	77	+	3 an aircraft liability policy (as defined in section 12 of this chapter)
	78	+	4 and any other person insured under the terms of such policy.
	79	+	5 (7) (6) "Judgment" means any judgment, except a judgment
	80	+	6 rendered against this state or any political subdivision of this state
	81	+	7 or any municipality in this state, which shall have become final by
	82	+	8 expiration without appeal of the time within which appeal might
	83	+	9 have been perfected, or by final affirmation on appeal, rendered
	84	+	10 by a court of competent jurisdiction of any state or of the United
	85	+	11 States.
	86	+	12 (8) (7) "Operation of aircraft" or "operate aircraft" means the use
	87	+	13 of aircraft for the purpose of air navigation, and includes the
	88	+	14 navigation or piloting of aircraft. Any person who causes or
	89	+	15 authorizes the operation of aircraft, whether with or without the
	90	+	16 right of legal control (in the capacity of owner, lessee, aircraft
	91	+	17 sales broker, or otherwise) of the aircraft, including an aircraft
	92	+	18 otherwise considered inventory, if it is operated in flight, shall be
	93	+	19 deemed to be engaged in the operation of aircraft within the
	94	+	20 meaning of the statutes of this state.
	95	+	21 (9) (8) "Operator" means any person who is in actual physical
	96	+	22 control of an aircraft.
	97	+	23 (10) (9) "Owner" means any person in whose name the aircraft is
	98	+	24 certificated, licensed, or registered by appropriate federal or state
	99	+	25 authority.
	100	+	26 (11) "Passenger" means any person:
	101	+	27 (A) in, on or boarding an aircraft for the purpose of riding in
	102	+	28 the aircraft; or
	103	+	29 (B) alighting from the aircraft following a flight or attempted
	104	+	30 flight of the aircraft.
	105	+	31 (12) (10) "Person" means any individual, firm, partnership,
	106	+	32 corporation, company, limited liability company, association, joint
	107	+	33 stock association, or body politic; and includes any trustee,
	108	+	34 receiver, assignee, or other similar representative of an entity
	109	+	35 described in this subdivision.
	110	+	36 (13) (11) "Policy" or "insurance policy" means an aircraft liability
	111	+	37 policy conforming to section 12 of this chapter.
	112	+	38 (14) (12) "Proof of financial responsibility" has the meaning set
	113	+	39 forth in section 8 of this chapter.
	114	+	40 SECTION 2. IC 8-21-3-3 IS AMENDED TO READ AS FOLLOWS
	115	+	41 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Any person who, while
	116	+	42 operating any aircraft, shall have been involved in any aircraft accident
	117	+	EH 1092—LS 6316/DI 141 3
	118	+	1 in this state resulting in bodily injury or death, or in damage to property
	119	+	2 of another in excess of one hundred seven thousand five hundred
	120	+	3 dollars ($100) ($7,500) or the owner of such aircraft, shall within ten
	121	+	4 (10) days following such aircraft accident report the same to the
	122	+	5 department. Aircraft accident reports, as herein required, shall be
	123	+	6 submitted in such form as the department may prescribe.
	124	+	7 (b) A report of an aircraft accident under this section must
	125	+	8 include the following information:
	126	+	9 (1) Name of the operator of the aircraft.
	127	+	10 (2) Name of the owner of the aircraft.
	128	+	11 (3) Means of financial responsibility and financial assurance.
	129	+	12 (4) Date of the accident.
	130	+	13 (5) Location of the accident.
	131	+	14 (6) Federal Aviation Administration registration number.
	132	+	15 (c) The owner or operator of an aircraft shall, upon request,
	133	+	16 provide the information required in subsection (b) to a damaged or
	134	+	17 injured party or a damaged or injured party's representative.
	135	+	18 SECTION 3. IC 8-21-3-4 IS AMENDED TO READ AS FOLLOWS
	136	+	19 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The department may require,
	137	+	20 within not less than ten (10) days nor more than sixty (60) days after an
	138	+	21 aircraft accident from any person, who, while operating any aircraft
	139	+	22 shall have been involved in any aircraft accident resulting in bodily
	140	+	23 injury or death to any person other than a guest passenger of such
	141	+	24 aircraft or in damage to property of another, other than property owned,
	142	+	25 rented, occupied, or used by, or in the care, custody or control of the
	143	+	26 owner or operator or carried in or on the aircraft, in excess of one
	144	+	27 hundred seven thousand five hundred dollars ($100), ($7,500), or, in
	145	+	28 the discretion of the department, the owner of such aircraft, or both,
	146	+	29 secured security sufficient in the discretion of the department to
	147	+	30 indemnify the injured party against loss and guarantee the payment and
	148	+	31 satisfaction of any judgment or judgments for damages resulting from
	149	+	32 such accident as may be recovered against such owner or operator by
	150	+	33 or on behalf of the injured person or his the injured person's legal
	151	+	34 representative, and in addition thereto, the department may require
	152	+	35 such operator, or in the department's discretion, the owner of such
	153	+	36 aircraft, or both, to file proof of financial responsibility for a period of
	154	+	37 one (1) year following the date of the accident: Provided, however, that
	155	+	38 if such owner operator shall satisfy the department that the liability, if
	156	+	39 any, for damages resulting from such accident is insured by an
	157	+	40 insurance policy or bond, the department shall not require security from
	158	+	41 such owner operator.
	159	+	42 (b) Such security, where ordered, shall be in such form and in such
	160	+	EH 1092—LS 6316/DI 141 4
	161	+	1 amount as the department may require, but in no case in excess of the
	162	+	2 amount of proof required by section 8 of this chapter. The department
	163	+	3 may modify the amount of security ordered in any case, if after further
	164	+	4 investigation it shall determine that the amount ordered is improper.
	165	+	5 SECTION 4. IC 8-21-3-5 IS AMENDED TO READ AS FOLLOWS
	166	+	6 [EFFECTIVE JULY 1, 2024]: Sec. 5. If the person required to furnish
	167	+	7 proof of financial responsibility in the future or if the person required
	168	+	8 to furnish financial security under this chapter, neglects or refuses to
	169	+	9 comply with such requirements, the department, the attorney general
	170	+	10 or the prosecuting attorney of the county in which such party resides,
	171	+	11 may, in accordance with the laws of the state of Indiana governing
	172	+	12 injunctions, maintain an action in the name of the state of Indiana to
	173	+	13 enjoin such person neglecting or refusing to comply with the financial
	174	+	14 responsibility or security requirements of this chapter from engaging
	175	+	15 in the operation of any aircraft or causing to be operated any aircraft
	176	+	16 within this state until such person has complied with such requirements
	177	+	17 or until such person has, by final judicial determination, been proved
	178	+	18 not legally liable for, or has been released from all liability for damages
	179	+	19 resulting from such aircraft accident.
	180	+	20 SECTION 5. IC 8-21-3-6, AS AMENDED BY P.L.136-2018,
	181	+	21 SECTION 103, IS AMENDED TO READ AS FOLLOWS
	182	+	22 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Security furnished in
	183	+	23 compliance with the requirements of this chapter shall be placed by the
	184	+	24 department in the custody of the treasurer of state and shall be
	185	+	25 applicable only to the payment of a judgment or claimant settlement
	186	+	26 agreement against the depositor for damages arising out of the
	187	+	27 accident in question in an action at law in a court of this state begun not
	188	+	28 later than one (1) year after the date of such accident or, upon
	189	+	29 assignment of the depositor. All such payments made out of the
	190	+	30 deposited security shall be made as follows: subject to proration by
	191	+	31 court order or claimant settlement agreement if there is more than
	192	+	32 one (1) claimant.
	193	+	33 (1) Payment shall first be made to each of the judgment creditors
	194	+	34 in the order of judgment entry and to each of the claimants who
	195	+	35 have agreed to settle their claims, whose damages were evaluated
	196	+	36 by the department, in an amount not greater than the amount fixed
	197	+	37 in their respective evaluations.
	198	+	38 (2) Whenever the department shall be given evidence, satisfactory
	199	+	39 to it, that the amounts of all claims for damages against the
	200	+	40 depositor arising out of such accident are fixed, either by
	201	+	41 judgment or settlement agreement, payment shall be made out of
	202	+	42 any balance remaining after the first distribution to each of those
	203	+	EH 1092—LS 6316/DI 141 5
	204	+	1 persons whose judgments or settlement amounts have not been
	205	+	2 fully paid but whose damages were evaluated by the department,
	206	+	3 in proportion to the amounts of their respective evaluations unless
	207	+	4 there is a sufficient amount to make payment in full.
	208	+	5 (3) Any balance remaining after the first and second distributions
	209	+	6 are completed shall be paid to those judgment creditors and those
	210	+	7 claimants who have agreed to settle their claims but whose
	211	+	8 damages were not evaluated, in proportion to the amounts of their
	212	+	9 respective judgments or settlement amounts unless there is a
	213	+	10 sufficient amount to make payment in full.
	214	+	11 Such deposit, or any balance of the amount deposited, shall be returned
	215	+	12 to the depositor or the depositor's personal representative whenever
	216	+	13 after the expiration of such year the department shall be given
	217	+	14 evidence, satisfactory to it, that there is no such judgment unsatisfied
	218	+	15 and that there is no pending action against the depositor for damages
	219	+	16 arising out of such accident.
	220	+	17 (b) Neither the action taken by the department pursuant to this
	221	+	18 chapter, the findings, if any, of the department upon which such action
	222	+	19 is based, nor the security filed by the owner or operator as provided in
	223	+	20 this chapter shall be referred to in any way, nor be any evidence of the
	224	+	21 negligence or due care of either party at the trial of any action at law to
	225	+	22 recover damages.
	226	+	23 (c) In lieu of deposit of security when required pursuant to this
	227	+	24 chapter the aircraft owner or operator may, if the person who has
	228	+	25 sustained bodily injury, including death, or damage to the person's
	229	+	26 property or the person's legal representative consents, effect and deliver
	230	+	27 a consent judgment or release for such amount and payable when and
	231	+	28 in such installments as the judgment creditor or claimant may agree to.
	232	+	29 In the event the judgment debtor fails to pay any installment as agreed,
	233	+	30 then upon notice of such default, the department, the attorney-general
	234	+	31 or the prosecuting attorney may pursuant to section 5 of this chapter
	235	+	32 maintain an action to enjoin such person from engaging in the
	236	+	33 operation of any aircraft or causing to be operated any aircraft within
	237	+	34 this state until such judgment is appropriately satisfied as required
	238	+	35 under this chapter.
	239	+	36 (d) Information regarding security taken under this section shall be
	240	+	37 available to the person injured or the representative of any person
	241	+	38 killed and their duly authorized agents or attorney.
	242	+	39 SECTION 6. IC 8-21-3-7 IS AMENDED TO READ AS FOLLOWS
	243	+	40 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The provisions of this chapter
	244	+	41 shall apply to any person who is not a resident of this state under the
	245	+	42 same circumstances as they would apply to a resident, and, in such
	246	+	EH 1092—LS 6316/DI 141 6
	247	+	1 event, such a nonresident shall not operate any aircraft in this state nor
	248	+	2 shall any aircraft owned by him the nonresident be operated in this
	249	+	3 state, unless and until such nonresident, or the owner of the aircraft, if
	250	+	4 another person, has complied with the requirements of this chapter with
	251	+	5 respect to security and proof of financial responsibility covering such
	252	+	6 aircraft.
	253	+	7 (b) The operation by a nonresident, or by his the nonresident's duly
	254	+	8 authorized agent, of an aircraft in this state shall be deemed equivalent
	255	+	9 to an appointment by such nonresident of the secretary of state, or his
	256	+	10 the secretary of state's successor in office, to be his the nonresident's
	257	+	11 true and lawful attorney upon whom may be served all lawful processes
	258	+	12 in any action or proceeding against him, the nonresident, growing out
	259	+	13 of any aircraft accident in which such nonresident may be involved
	260	+	14 while so operating or so permitting to be operated an aircraft in this
	261	+	15 state, and such operation shall be signification of his the nonresident's
	262	+	16 agreement that any such process against him, the nonresident, which
	263	+	17 is so served, shall be of the same legal force and validity as if served
	264	+	18 upon him the nonresident personally. Such action may be filed in the
	265	+	19 county of the residence of the plaintiff or in the county where the
	266	+	20 accident occurred, at the election of the plaintiff, and service of such
	267	+	21 process shall be made by leaving a copy thereof, with a the fee of two
	268	+	22 dollars ($2), set forth in IC 23-0.5-9-56, for such defendant to be
	269	+	23 served, with the secretary of state, or in his the secretary of state's
	270	+	24 office, and such service shall be sufficient service upon such
	271	+	25 nonresident, provided that notice of such service and a copy of the
	272	+	26 process are forthwith sent by registered mail to the defendant and the
	273	+	27 defendant's return receipt is appended to the original process and filed
	274	+	28 therewith in the court. In the event that the defendant refuses to accept
	275	+	29 or claim such registered mail, then such registered mail shall be
	276	+	30 returned by the secretary of state to the plaintiff or to his the plaintiff's
	277	+	31 attorney, and the same shall be appended to the original process,
	278	+	32 together with an affidavit of the plaintiff or of his the plaintiff's
	279	+	33 attorney or agent to the effect that such summons was delivered to the
	280	+	34 secretary of state, together with a the fee of two dollars ($2), set forth
	281	+	35 in IC 23-0.5-9-56, and was thereafter returned unclaimed by the
	282	+	36 postoffice department, and such affidavit, together with the returned
	283	+	37 affidavit including said summons, shall be considered sufficient service
	284	+	38 upon such nonresident defendant. The court in which the action is
	285	+	39 brought may order such continuances as may be reasonable to afford
	286	+	40 the defendant opportunity to defend the action.
	287	+	41 (c) No insurance policy or bond shall be effective under section 4
	288	+	42 of this chapter in the case of an aircraft owned or operated by a
	289	+	EH 1092—LS 6316/DI 141 7
	290	+	1 nonresident in this state at the time of the accident or at the effective
	291	+	2 date of the policy or bond, or the most recent renewal thereof, unless
	292	+	3 the insurance company or surety company, if not authorized to do
	293	+	4 business in this state, shall execute a power of attorney authorizing the
	294	+	5 secretary of state to accept service on its behalf of notice or process in
	295	+	6 any action upon such policy or bond arising out of such accident.
	296	+	7 SECTION 7. IC 8-21-3-10 IS AMENDED TO READ AS
	297	+	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) Proof of
	298	+	9 financial responsibility may be made by filing with the department the
	299	+	10 written certificate or certificates of any insurance carrier certifying that
	300	+	11 it has issued to or for the benefit of the person furnishing such proof
	301	+	12 and named as the insured or additional insured, an aircraft liability
	302	+	13 policy or policies meeting the requirements of this chapter, and such
	303	+	14 other information as the department may require.
	304	+	15 (b) When the person required to give proof of financial
	305	+	16 responsibility, is not the owner of an aircraft, then an operator's policy
	306	+	17 of liability insurance as defined in this chapter shall be sufficient proof
	307	+	18 of financial responsibility.
	308	+	19 SECTION 8. IC 8-21-3-12 IS AMENDED TO READ AS
	309	+	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. An aircraft liability
	310	+	21 policy as said term is used in this chapter, shall mean an owner's policy
	311	+	22 of liability insurance or an operator's policy of liability insurance for
	312	+	23 which a certificate has been filed with the department by an insurance
	313	+	24 carrier authorized to do business in this state pursuant to the insurance
	314	+	25 laws of this state for the benefit of the person named therein as insured
	315	+	26 or additional insured; which policy shall contain the terms, conditions
	316	+	27 and provisions required by the laws of this state and with sufficient
	317	+	28 liability coverage to meet the security and proof of financial
	318	+	29 responsibility requirements established within the purview of section
	319	+	30 4 of this chapter and pursuant to this chapter by the department as a
	320	+	31 result of an aircraft accident occurring within this state and shall be
	321	+	32 approved by the insurance commissioner of the state of Indiana.
	322	+	33 SECTION 9. IC 8-21-3-13 IS AMENDED TO READ AS
	323	+	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. An insurance
	324	+	35 carrier which has issued an aircraft liability policy or policies meeting
	325	+	36 the requirements of this chapter shall, upon request of the named
	326	+	37 insured or additional insured, deliver to such insured or additional
	327	+	38 insured for filing or at the request of such insured or additional
	328	+	39 insured shall file direct with the department, an appropriate certificate
	329	+	40 showing that such policy or policies have been issued, which certificate
	330	+	41 shall meet the requirements of this chapter. The issuance of a
	331	+	42 certificate to serve as proof of financial responsibility under this
	332	+	EH 1092—LS 6316/DI 141 8
	333	+	1 chapter shall be conclusive evidence that every aircraft liability policy
	334	+	2 therein cited conforms to all the requirements of this chapter.
	335	+	3 SECTION 10. IC 8-21-3-20 IS AMENDED TO READ AS
	336	+	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. A person who fails
	337	+	5 to submit an accident report to the department or to a damaged or
	338	+	6 injured party or a damaged or injured party's representative as
	339	+	7 provided in section 3 of this chapter commits a Class C infraction.
	340	+	EH 1092—LS 6316/DI 141 9
	341	+	COMMITTEE REPORT
	342	+	Mr. Speaker: Your Committee on Roads and Transportation, to
	343	+	which was referred House Bill 1092, has had the same under
	344	+	consideration and begs leave to report the same back to the House with
	345	+	the recommendation that said bill be amended as follows:
	346	+	Page 2, delete lines 40 through 42.
	347	+	Page 3, delete line 1.
	348	+	Page 3, between lines 18 and 19, begin a new paragraph and insert:
	349	+	"(c) The owner or operator of an aircraft shall, upon request,
90	350		provide the information required in subsection (b) to a damaged or
91		-	injured party or a damaged or injured party's representative.
92		-	SECTION 3. IC 8-21-3-4 IS AMENDED TO READ AS FOLLOWS
93		-	[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The department may require,
94		-	within not less than ten (10) days nor more than sixty (60) days after an
95		-	aircraft accident from any person, who, while operating any aircraft
96		-	shall have been involved in any aircraft accident resulting in bodily
97		-	injury or death to any person other than a guest passenger of such
98		-	aircraft or in damage to property of another, other than property owned,
99		-	rented, occupied, or used by, or in the care, custody or control of the
100		-	owner or operator or carried in or on the aircraft, in excess of one
101		-	hundred seven thousand five hundred dollars ($100), ($7,500), or, in
102		-	the discretion of the department, the owner of such aircraft, or both,
103		-	secured security sufficient in the discretion of the department to
104		-	indemnify the injured party against loss and guarantee the payment and
105		-	satisfaction of any judgment or judgments for damages resulting from
106		-	such accident as may be recovered against such owner or operator by
107		-	or on behalf of the injured person or his the injured person's legal
108		-	representative, and in addition thereto, the department may require
109		-	such operator, or in the department's discretion, the owner of such
110		-	aircraft, or both, to file proof of financial responsibility for a period of
111		-	one (1) year following the date of the accident: Provided, however, that
112		-	if such owner operator shall satisfy the department that the liability, if
113		-	any, for damages resulting from such accident is insured by an
114		-	insurance policy or bond, the department shall not require security from
115		-	such owner operator.
116		-	(b) Such security, where ordered, shall be in such form and in such
117		-	amount as the department may require, but in no case in excess of the
118		-	amount of proof required by section 8 of this chapter. The department
119		-	may modify the amount of security ordered in any case, if after further
120		-	investigation it shall determine that the amount ordered is improper.
121		-	SECTION 4. IC 8-21-3-5 IS AMENDED TO READ AS FOLLOWS
122		-	HEA 1092 4
123		-	[EFFECTIVE JULY 1, 2024]: Sec. 5. If the person required to furnish
124		-	proof of financial responsibility in the future or if the person required
125		-	to furnish financial security under this chapter, neglects or refuses to
126		-	comply with such requirements, the department, the attorney general
127		-	or the prosecuting attorney of the county in which such party resides,
128		-	may, in accordance with the laws of the state of Indiana governing
129		-	injunctions, maintain an action in the name of the state of Indiana to
130		-	enjoin such person neglecting or refusing to comply with the financial
131		-	responsibility or security requirements of this chapter from engaging
132		-	in the operation of any aircraft or causing to be operated any aircraft
133		-	within this state until such person has complied with such requirements
134		-	or until such person has, by final judicial determination, been proved
135		-	not legally liable for, or has been released from all liability for damages
136		-	resulting from such aircraft accident.
137		-	SECTION 5. IC 8-21-3-6, AS AMENDED BY P.L.136-2018,
138		-	SECTION 103, IS AMENDED TO READ AS FOLLOWS
139		-	[EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Security furnished in
140		-	compliance with the requirements of this chapter shall be placed by the
141		-	department in the custody of the treasurer of state and shall be
142		-	applicable only to the payment of a judgment or claimant settlement
143		-	agreement against the depositor for damages arising out of the
144		-	accident in question in an action at law in a court of this state begun not
145		-	later than one (1) year after the date of such accident or, upon
146		-	assignment of the depositor. All such payments made out of the
147		-	deposited security shall be made as follows: subject to proration by
148		-	court order or claimant settlement agreement if there is more than
149		-	one (1) claimant.
150		-	(1) Payment shall first be made to each of the judgment creditors
151		-	in the order of judgment entry and to each of the claimants who
152		-	have agreed to settle their claims, whose damages were evaluated
153		-	by the department, in an amount not greater than the amount fixed
154		-	in their respective evaluations.
155		-	(2) Whenever the department shall be given evidence, satisfactory
156		-	to it, that the amounts of all claims for damages against the
157		-	depositor arising out of such accident are fixed, either by
158		-	judgment or settlement agreement, payment shall be made out of
159		-	any balance remaining after the first distribution to each of those
160		-	persons whose judgments or settlement amounts have not been
161		-	fully paid but whose damages were evaluated by the department,
162		-	in proportion to the amounts of their respective evaluations unless
163		-	there is a sufficient amount to make payment in full.
164		-	(3) Any balance remaining after the first and second distributions
165		-	HEA 1092 5
166		-	are completed shall be paid to those judgment creditors and those
167		-	claimants who have agreed to settle their claims but whose
168		-	damages were not evaluated, in proportion to the amounts of their
169		-	respective judgments or settlement amounts unless there is a
170		-	sufficient amount to make payment in full.
171		-	Such deposit, or any balance of the amount deposited, shall be returned
172		-	to the depositor or the depositor's personal representative whenever
173		-	after the expiration of such year the department shall be given
174		-	evidence, satisfactory to it, that there is no such judgment unsatisfied
175		-	and that there is no pending action against the depositor for damages
176		-	arising out of such accident.
177		-	(b) Neither the action taken by the department pursuant to this
178		-	chapter, the findings, if any, of the department upon which such action
179		-	is based, nor the security filed by the owner or operator as provided in
180		-	this chapter shall be referred to in any way, nor be any evidence of the
181		-	negligence or due care of either party at the trial of any action at law to
182		-	recover damages.
183		-	(c) In lieu of deposit of security when required pursuant to this
184		-	chapter the aircraft owner or operator may, if the person who has
185		-	sustained bodily injury, including death, or damage to the person's
186		-	property or the person's legal representative consents, effect and deliver
187		-	a consent judgment or release for such amount and payable when and
188		-	in such installments as the judgment creditor or claimant may agree to.
189		-	In the event the judgment debtor fails to pay any installment as agreed,
190		-	then upon notice of such default, the department, the attorney general
191		-	or the prosecuting attorney may pursuant to section 5 of this chapter
192		-	maintain an action to enjoin such person from engaging in the
193		-	operation of any aircraft or causing to be operated any aircraft within
194		-	this state until such judgment is appropriately satisfied as required
195		-	under this chapter.
196		-	(d) Information regarding security taken under this section shall be
197		-	available to the person injured or the representative of any person
198		-	killed and their duly authorized agents or attorney.
199		-	SECTION 6. IC 8-21-3-7 IS AMENDED TO READ AS FOLLOWS
200		-	[EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The provisions of this chapter
201		-	shall apply to any person who is not a resident of this state under the
202		-	same circumstances as they would apply to a resident, and, in such
203		-	event, such a nonresident shall not operate any aircraft in this state nor
204		-	shall any aircraft owned by him the nonresident be operated in this
205		-	state, unless and until such nonresident, or the owner of the aircraft, if
206		-	another person, has complied with the requirements of this chapter with
207		-	respect to security and proof of financial responsibility covering such
208		-	HEA 1092 6
209		-	aircraft.
210		-	(b) The operation by a nonresident, or by his the nonresident's duly
211		-	authorized agent, of an aircraft in this state shall be deemed equivalent
212		-	to an appointment by such nonresident of the secretary of state, or his
213		-	the secretary of state's successor in office, to be his the nonresident's
214		-	true and lawful attorney upon whom may be served all lawful processes
215		-	in any action or proceeding against him, the nonresident, growing out
216		-	of any aircraft accident in which such nonresident may be involved
217		-	while so operating or so permitting to be operated an aircraft in this
218		-	state, and such operation shall be signification of his the nonresident's
219		-	agreement that any such process against him, the nonresident, which
220		-	is so served, shall be of the same legal force and validity as if served
221		-	upon him the nonresident personally. Such action may be filed in the
222		-	county of the residence of the plaintiff or in the county where the
223		-	accident occurred, at the election of the plaintiff, and service of such
224		-	process shall be made by leaving a copy thereof, with a the fee of two
225		-	dollars ($2), set forth in IC 23-0.5-9-56, for such defendant to be
226		-	served, with the secretary of state, or in his the secretary of state's
227		-	office, and such service shall be sufficient service upon such
228		-	nonresident, provided that notice of such service and a copy of the
229		-	process are forthwith sent by registered mail to the defendant and the
230		-	defendant's return receipt is appended to the original process and filed
231		-	therewith in the court. In the event that the defendant refuses to accept
232		-	or claim such registered mail, then such registered mail shall be
233		-	returned by the secretary of state to the plaintiff or to his the plaintiff's
234		-	attorney, and the same shall be appended to the original process,
235		-	together with an affidavit of the plaintiff or of his the plaintiff's
236		-	attorney or agent to the effect that such summons was delivered to the
237		-	secretary of state, together with a the fee of two dollars ($2), set forth
238		-	in IC 23-0.5-9-56, and was thereafter returned unclaimed by the
239		-	postoffice department, and such affidavit, together with the returned
240		-	affidavit including said summons, shall be considered sufficient service
241		-	upon such nonresident defendant. The court in which the action is
242		-	brought may order such continuances as may be reasonable to afford
243		-	the defendant opportunity to defend the action.
244		-	(c) No insurance policy or bond shall be effective under section 4
245		-	of this chapter in the case of an aircraft owned or operated by a
246		-	nonresident in this state at the time of the accident or at the effective
247		-	date of the policy or bond, or the most recent renewal thereof, unless
248		-	the insurance company or surety company, if not authorized to do
249		-	business in this state, shall execute a power of attorney authorizing the
250		-	secretary of state to accept service on its behalf of notice or process in
251		-	HEA 1092 7
252		-	any action upon such policy or bond arising out of such accident.
253		-	SECTION 7. IC 8-21-3-10 IS AMENDED TO READ AS
254		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) Proof of
255		-	financial responsibility may be made by filing with the department the
256		-	written certificate or certificates of any insurance carrier certifying that
257		-	it has issued to or for the benefit of the person furnishing such proof
258		-	and named as the insured or additional insured, an aircraft liability
259		-	policy or policies meeting the requirements of this chapter, and such
260		-	other information as the department may require.
261		-	(b) When the person required to give proof of financial
262		-	responsibility, is not the owner of an aircraft, then an operator's policy
263		-	of liability insurance as defined in this chapter shall be sufficient proof
264		-	of financial responsibility.
265		-	SECTION 8. IC 8-21-3-12 IS AMENDED TO READ AS
266		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. An aircraft liability
267		-	policy as said term is used in this chapter, shall mean an owner's policy
268		-	of liability insurance or an operator's policy of liability insurance for
269		-	which a certificate has been filed with the department by an insurance
270		-	carrier authorized to do business in this state pursuant to the insurance
271		-	laws of this state for the benefit of the person named therein as insured
272		-	or additional insured; which policy shall contain the terms, conditions
273		-	and provisions required by the laws of this state and with sufficient
274		-	liability coverage to meet the security and proof of financial
275		-	responsibility requirements established within the purview of section
276		-	4 of this chapter and pursuant to this chapter by the department as a
277		-	result of an aircraft accident occurring within this state and shall be
278		-	approved by the insurance commissioner of the state of Indiana.
279		-	SECTION 9. IC 8-21-3-13 IS AMENDED TO READ AS
280		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. An insurance
281		-	carrier which has issued an aircraft liability policy or policies meeting
282		-	the requirements of this chapter shall, upon request of the named
283		-	insured or additional insured, deliver to such insured or additional
284		-	insured for filing or at the request of such insured or additional
285		-	insured shall file direct with the department, an appropriate certificate
286		-	showing that such policy or policies have been issued, which certificate
287		-	shall meet the requirements of this chapter. The issuance of a
288		-	certificate to serve as proof of financial responsibility under this
289		-	chapter shall be conclusive evidence that every aircraft liability policy
290		-	therein cited conforms to all the requirements of this chapter.
291		-	SECTION 10. IC 8-21-3-20 IS AMENDED TO READ AS
292		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. A person who fails
293		-	to submit an accident report to the department or to a damaged or
294		-	HEA 1092 8
295		-	injured party or a damaged or injured party's representative as
296		-	provided in section 3 of this chapter commits a Class C infraction.
297		-	HEA 1092 Speaker of the House of Representatives
298		-	President of the Senate
299		-	President Pro Tempore
300		-	Governor of the State of Indiana
301		-	Date: Time:
302		-	HEA 1092
	351	+	injured party or a damaged or injured party's representative.".
	352	+	Page 3, line 20, reset in roman "may".
	353	+	Page 3, line 21, delete "shall".
	354	+	Page 3, line 36, reset in roman "may" and delete "shall".
	355	+	Page 8, after line 4, begin a new paragraph and insert:
	356	+	"SECTION 10. IC 8-21-3-20 IS AMENDED TO READ AS
	357	+	FOLLOWS [EFFECTIVE JANUARY 1, 2025]: Sec. 20. A person who
	358	+	fails to submit an accident report to the department or to a damaged
	359	+	or injured party or a damaged or injured party's representative as
	360	+	provided in section 3 of this chapter commits a Class C infraction.".
	361	+	Renumber all SECTIONS consecutively.
	362	+	and when so amended that said bill do pass.
	363	+	(Reference is to HB 1092 as introduced.)
	364	+	PRESSEL
	365	+	Committee Vote: yeas 10, nays 0.
	366	+	_____
	367	+	HOUSE MOTION
	368	+	Mr. Speaker: I move that House Bill 1092 be amended to read as
	369	+	follows:
	370	+	Replace the effective dates in SECTIONS 1 through 10 with
	371	+	"[EFFECTIVE JULY 1, 2024]".
	372	+	(Reference is to HB 1092 as printed January 30, 2024.)
	373	+	MAYFIELD
	374	+	EH 1092—LS 6316/DI 141 10
	375	+	COMMITTEE REPORT
	376	+	Madam President: The Senate Committee on Homeland Security
	377	+	and Transportation, to which was referred House Bill No. 1092, has
	378	+	had the same under consideration and begs leave to report the same
	379	+	back to the Senate with the recommendation that said bill DO PASS.
	380	+	(Reference is to HB 1092 as reprinted February 2, 2024.)
	381	+
	382	+	CRIDER, Chairperson
	383	+	Committee Vote: Yeas 8, Nays 0
	384	+	EH 1092—LS 6316/DI 141