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2009 SUMMARY OF NEW STATE LAWS – INDIANA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1090

74

Auto Insurance Coverage

Provides that in a case arising from an owner's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance policy is considered primary for any claim made by a passenger in the motor vehicle; provides that such passenger may not recover under any other motor vehicle insurance coverage available to the passenger until the limit of all coverage provided by the owner's policy is first exhausted. Effective date: July 1, 2009.

HB 1121

137

Identity Theft

Concerns identity theft; creates the identity theft unit in the Office of the Attorney General; specifies that the unit shall investigate consumer complaints related to identity theft; assists victims of identity theft; cooperates with law enforcement investigations related to identity theft and assists state and federal prosecutors in the investigation and prosecution of identity theft. Effective date: July 1, 2009.

HB 1246

84

Credit-Based Insurance Scoring

Prohibits use of credit information in connection with insurance coverage; repeals certain statutes concerning use of credit information by insurers in connection with the issuance of an insurance policy; prohibits use of late medical payments as a negative factor in insurance underwriting or rating; provides for a re-underwrite and a re-rate of an insured's personal insurance policy under certain circumstances; provides that an insurer may obtain credit information under certain circumstances. Effective date: July 1, 2009.

HB 1339

146

Traffic Safety

Revises the child restraint system law to eliminate exceptions for drivers from outside the state; relates to antique motor vehicles manufactured without a safety belt; revises the definition of a school bus; relates to a certificate issued by a physician, physician's assistant, or advanced practice nurse stating that it would be impractical to require that a child be fastened and restrained by a child restraint system because of a physical condition, including physical deformity, or a medical condition. Effective date: July 1, 2009.

HB 1362

174

Workers’ Compensation

Increases the weekly indemnity for volunteer firefighters or emergency medical services personnel who become totally disabled as a result of the member's volunteer firefighting or emergency response duties; includes a line of duty death benefit, medical treatment and burial expense provisions of the worker's compensation law for emergency medical services personnel who are members of a volunteer fire department. Effective date: July 1, 2009.

HB 1379

175

Workers’ Compensation

Provides that an individual performing services for a contractor or subcontractor on a construction project is considered to be an employee of the contractor or subcontractor, with certain exceptions; provides for investigations of the employment relationship between an individual and a contractor or subcontractor by the department of labor, for certain procedures to be followed in investigations, and for various civil penalties. Effective date: Varies.

HB 1473

27

Flood Plains

Requires that residential, agricultural and commercial rental agreements must disclose in a rental agreement if a structure on the property is located in a flood plain. Effective date: July 1, 2009.

HB 1483

150

Off-Road Vehicles

Relates to off-road vehicles, farm wagons, and golf carts; provides that a motorized farm wagon may be operated in order to transport an individual from one farm field to another, including on a highway; authorizes an individual at least 15 years of age to operate a motorized farm wagon on a highway; prohibits the use of a motorized farm wagon operated on a highway to tow another vehicle; regulates golf carts on highways. Effective date: July 1, 2009.

HB 1650

54

Vehicle Regulations

Requires quantity purchase agreements with vendors for the purchase of road salt; requires vendors to offer the road salt to political subdivisions; amends provisions regarding abandoned vehicles; provides for vehicles covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering that is considered to be visible; provides for a safe alternative motor vehicle air conditioning substitute; regulates carriers; provides for accident procedures and proof of financial responsibility. Effective date: July 1, 2009.

HB 1681

100

Teen Drivers

Allows a foster parent, caseworker, or probation officer to sign an application for a learner's permit or driver's license for a minor who is receiving foster care. Requires, if a caseworker or probation officer signs the application, the minor to sign a statement that the minor will be financially responsible for any injury or damage that the minor applicant causes by reason of the operation of a motor vehicle; provides certain civil immunity. Effective date: Varies.

HB 1701

180

Workers’ Compensation

Provides that for purposes of worker's compensation, an officer of a corporation who is the sole employee of the corporation is not an employee of the corporation but may elect not to be an employee of the corporation; makes technical corrections; requires notification of the election to the corporation's insurance carrier and to the board and may not be considered to be excluded as an employee until notice is received by the insurance carrier and the board. Effective date: May 13, 2009.

SB 16

101

Teen Drivers

Raises the minimum age for the issuance of a learner's permit; raises the minimum age for the issuance of a probationary operator's license; sets requirements for practice driving before a probationary operator's license can be issued; prohibits a driver under the age of 18 from operating a motor vehicle while using a telecommunications device; revises the period during which certain passengers may not accompany a probationary driver. Effective date: Varies.

SB 142

124

Commercial Vehicle Policies

Relates to commercial vehicle policies; provides that if any named insured rejects in writing the uninsured or underinsured coverage, the rejection applies to every other named insured and insured; specifies that an insurer is required to offer only uninsured or underinsured commercial vehicle coverage; provides that an insurer is not required to offer uninsured or underinsured coverage in connection with the issuance of a commercial umbrella or excess liability policy. Effective date: Varies.

SB 174

38

Vehicle Repossessions

Provides that a person who repossesses a motor vehicle or watercraft must provide a law enforcement agency with the identity of the repossession agent, a description of the motor vehicle or watercraft, or the name and address of the person believed to be in possession of the motor vehicle or watercraft and the location of the vehicle or watercraft. Effective date: July 1, 2009.

SB 376

59

Disability Claim

Creates a presumption that a police officer, firefighter or emergency medical services provider who is diagnosed with Parkinson's disease after being exposed to certain toxins or head trauma has incurred a line-of-duty disability. Effective date: July 1, 2009.

SB 469

134

Asbestos Liability

Limits civil liability arising from asbestos claims for certain corporations. Effective date: July 1, 2009.

SB 478

164

Workers’ Compensation

Provides for the sharing of information concerning the classification of individuals as independent contractors among the department of labor, the department of state revenue, the department of workforce development, and the worker's compensation board of Indiana; provides that certain information pertaining to employee classification shared among the state agencies is confidential and may not be published or open to public inspection. Effective date: July 1, 2009.