Indiana 2024 Regular Session

Indiana House Bill HB1275 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1275
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-2.1-22.
7	7	Synopsis: Uninsured motorist coverage for contract carriers. Requires
8	8	uninsured and underinsured motorist coverage of at least $1,000,000
9	9	per passenger for a contract carrier that transports employees in the
10	10	course of the employee's employment. Requires a rail carrier that
11	11	contracts with a contract carrier for the transportation of employees of
12	12	the rail carrier to verify that the contract carrier has the minimum
13	13	uninsured and underinsured motorist coverage.
14	14	Effective: July 1, 2024.
15	15	Gore, Miller K, Fleming
16	16	January 9, 2024, read first time and referred to Committee on Roads and Transportation.
17	17	2024 IN 1275—LS 6840/DI 141 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1275
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	transportation.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 8-2.1-22-2.1 IS AMENDED TO READ AS
33	33	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) This chapter
34	34	3 does not apply to the following:
35	35	4 (1) Motor vehicles used as school buses while engaged in the
36	36	5 transportation of students, under the supervision, control, and
37	37	6 direction of school authorities.
38	38	7 (2) Motor vehicles used exclusively as taxicabs.
39	39	8 (3) Motor vehicles while being used or operated under the
40	40	9 control, direction, and supervision of:
41	41	10 (A) the United States government, the state, or a political
42	42	11 subdivision; or
43	43	12 (B) the board of trustees of any state institution.
44	44	13 (4) Motor vehicles that are used to provide limited transportation
45	45	14 services in conjunction with the operation of a hotel, campground,
46	46	15 or food service facility but are not used as a common carrier. For
47	47	16 the purpose of this subdivision, compensation for housing,
48	48	17 camping, or food combined with transportation is not
49	49	2024 IN 1275—LS 6840/DI 141 2
50	50	1 transportation by motor vehicle for compensation. However,
51	51	2 transportation may not be performed for any person if, at the point
52	52	3 of origin or within twenty-five (25) miles of that point, there is an
53	53	4 equipment point as shown by a proper tariff of a carrier of
54	54	5 passengers in Indiana that operates special or charter bus service
55	55	6 under the jurisdiction of the department. Exemption from this
56	56	7 chapter is not available under this subdivision unless the motor
57	57	8 vehicles in question are provided with proof of financial
58	58	9 responsibility of the type and in amounts as required of common
59	59	10 carriers under IC 8-2.1-22-46.
60	60	11 (5) Motor vehicles that are used to provide regular route intercity
61	61	12 passenger service.
62	62	13 (6) Motor vehicles that are used primarily for van pooling or other
63	63	14 ride-sharing programs on a nonprofit basis.
64	64	15 (7) Motor vehicles that are used to provide transportation of
65	65	16 passengers by a nonprofit corporation if that corporation receives
66	66	17 revenue for the transportation service from federal, state, or local
67	67	18 governments.
68	68	19 (8) Except as provided in section 46(b) of this chapter, a motor
69	69	20 vehicle that:
70	70	21 (A) has a capacity of not less than seven (7) or more than forty
71	71	22 (40) persons;
72	72	23 (B) is used to transport employees, including the driver,
73	73	24 exclusively between their homes and their employer's place of
74	74	25 business, or termini near those places, in a single daily round
75	75	26 trip; and
76	76	27 (C) is owned or leased by an employer providing commuter
77	77	28 van service, which means any person who provides or operates
78	78	29 at least one (1) of those vehicles on a nonprofit basis, and
79	79	30 whose service does not infringe upon or compete with any
80	80	31 service that is provided by any common carrier regulated by
81	81	32 the department.
82	82	33 (9) Motor vehicles certified as ambulances by the Indiana
83	83	34 emergency medical services commission under IC 16-31.
84	84	35 (10) The casual, occasional, or reciprocal transportation of
85	85	36 household effects or furniture for compensation, not including the
86	86	37 transportation for hire of new household effects or furniture to or
87	87	38 from a factory, warehouse, or store, by a person who:
88	88	39 (A) does not otherwise engage in the described transportation
89	89	40 for compensation;
90	90	41 (B) is not required under this chapter to hold a certificate or
91	91	42 permit to engage in transportation or operation for hire; or
92	92	2024 IN 1275—LS 6840/DI 141 3
93	93	1 (C) does not profess to engage in the business of transporting
94	94	2 household effects or furniture for hire.
95	95	3 (b) This chapter does not apply to a limousine while the limousine
96	96	4 is being used to transport at least one (1) person:
97	97	5 (1) from a place of departure; and
98	98	6 (2) to a destination;
99	99	7 within the corporate boundaries of a city or town if the legislative body
100	100	8 of the city or town has adopted an ordinance under IC 36-9-2-4 that
101	101	9 takes effect after July 1, 1991, and that regulates limousines within the
102	102	10 corporate boundaries of the city or town.
103	103	11 SECTION 2. IC 8-2.1-22-46, AS AMENDED BY P.L.208-2018,
104	104	12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105	105	13 JULY 1, 2024]: Sec. 46. (a) Notwithstanding any other provision of this
106	106	14 chapter, common and contract carriers and other carriers engaged in
107	107	15 the transportation of passengers or household goods for hire, over
108	108	16 regular or irregular routes, whether operating pursuant to a certificate
109	109	17 or permit or as an exempt carrier under section 2.1(5) of this chapter,
110	110	18 shall file with the department proof of financial responsibility in the
111	111	19 form of surety bonds or policies of insurance or shall qualify as a
112	112	20 self-insured. The minimum level of financial responsibility required
113	113	21 shall be as follows:
114	114	22 (1) Except as provided in subdivision (2), the minimum level
115	115	23 established under 49 U.S.C. 13906(a)(1).
116	116	24 (2) For contract carriers that transport railroad employees, at least
117	117	25 five million dollars ($5,000,000).
118	118	26 (b) A contract carrier that transports employees in the course
119	119	27 of the employee's employment shall file with the department proof
120	120	28 of uninsured and underinsured motorist coverage in an amount of
121	121	29 at least one million dollars ($1,000,000) per passenger.
122	122	30 (c) A rail carrier that contracts with a contract carrier for the
123	123	31 transportation of employees of the rail carrier in the course of the
124	124	32 employee's employment shall verify that the contract carrier has
125	125	33 the minimum uninsured and underinsured motorist coverage
126	126	34 required by subsection (b).
127	127	35 (b) (d) A person who violates this section commits a Class C
128	128	36 infraction. However, the offense is a Class A misdemeanor if the
129	129	37 person has a prior unrelated judgment for violating this section.
130	130	38 (c) (e) In addition to any other penalty imposed upon a person for a
131	131	39 conviction of a Class A misdemeanor under subsection (b), (d), the law
132	132	40 enforcement agency may impound the vehicles owned by the person.
133	133	41 Unless the vehicle is impounded or forfeited under a law other than this
134	134	42 section, the vehicle shall be released to the carrier when the carrier
135	135	2024 IN 1275—LS 6840/DI 141 4
136	136	1 complies with this section.
137	137	2024 IN 1275—LS 6840/DI 141