SENATE BILL No. 503 DIGEST OF INTRODUCED BILL

Transcription

1 Intrduced Versin SENATE BILL N. 503 DIGEST OF INTRODUED BILL itatins Affected: I 6-6; I 8-2.1; I ; I Snsis: Intrastate taxicabs. Exands the definitin f taxicab fr urses f: (1) refunds fr gasline tax aid n gasline used fr the eratin f taxicabs; and (2) exemtin frm the secial fuel tax. Exands the definitin f taxicab fr urses f: (1) excetin frm regulatin as a cmmn carrier fr the transrtatin f assengers fr cmensatin; and (2) cmliance with certain federal regulatins cncerning mtr carriers f ersns. Requires a minimum amunt f financial resnsibilit f $1,000,000 t be carried n certain mtr vehicles being used as taxicabs. Authrizes certain units f gvernment t regulate certain mtr vehicles being used as taxicabs. Effective: Jul 1, Stutzman Januar 15, 2009, read first time and referred t mmittee n Hmeland Securit, Transrtatin & Veterans Affairs.

2 Intrduced First Regular Sessin 116th General Assembl (2009) PRINTING ODE. Amendments: Whenever an existing statute (r a sectin f the Indiana nstitutin) is being amended, the text f the existing rvisin will aear in this stle te, additins will aear in this stle te, and deletins will aear in this stle te. Additins: Whenever a new statutr rvisin is being enacted (r a new cnstitutinal rvisin adted), the text f the new rvisin will aear in this stle te. Als, the wrd NEW will aear in that stle te in the intrductr clause f each SETION that adds a new rvisin t the Indiana de r the Indiana nstitutin. nflict recnciliatin: Text in a statute in this stle te r this stle te recnciles cnflicts between statutes enacted b the 2008 Regular Sessin f the General Assembl. SENATE BILL N. 503 A BILL FOR AN AT t amend the Indiana de cncerning utilities and transrtatin. Be it enacted b the General Assembl f the State f Indiana: 1 SETION 1. I , AS AMENDED BY P.L , 2 SETION 18, IS AMENDED TO READ AS FOLLOWS [EFFETIVE 3 JULY 1, 2009]: Sec As used in this chater: 4 (a) "Administratr" means the administrative head f the 5 deartment f state revenue r the administratr's designee. 6 (b) "Dealer" means a ersn, excet a distributr, engaged in the 7 business f selling gasline in Indiana. 8 (c) "Deartment" means the deartment f state revenue. 9 (d) "Distributr" means a ersn wh first receives gasline in 10 Indiana. Hwever, "distributr" des nt include the United States 11 r an f its agencies unless their inclusin is ermitted under the 12 nstitutin and laws f the United States. 13 (e) "Licensed distributr" means a ersn hlding a valid 14 distributr's license issued b the administratr. 15 (f) "Marine facilit" means a marina r bat liver. 16 (g) "Gasline" means: 17 (1) all rducts cmmnl r cmmerciall knwn r sld as

3 2 1 gasline, including casinghead and absrtin r natural 2 gasline, regardless f their classificatins r uses; and 3 (2) an liquid, which when subjected t distillatin f 4 gasline, nahtha, kersene, and similar etrleum rducts 5 with American Sciet fr Testing Materials Designatin 6 D-86, shws nt less than ten ercent (10%) distilled 7 (recvered) belw three hundred frt-seven degrees 8 Fahrenheit (347 degrees F) r ne hundred sevent-five 9 degrees entigrade (175 degrees ), and nt less than 10 ninet-five ercent (95%) distilled (recvered) belw fur 11 hundred sixt-fur degrees Fahrenheit (464 degrees F) r tw 12 hundred frt degrees entigrade (240 degrees ). 13 Hwever, the term "gasline" des nt include liquefied gases 14 which wuld nt exist as liquids at a temerature f sixt degrees 15 Fahrenheit (60 degrees F) r sixteen degrees entigrade (16 16 degrees ), and a ressure f furteen and seven-tenths (14.7) 17 unds er square inch abslute, r denatured, wd, r ethl 18 alchl, ether, turentine, r acetates, unless such rduct is used 19 as an additive in the manufacture, cmunding, r blending f 20 a liquid within subdivisin (2) r is therwise blended with a 21 liquid described in subdivisin (2) (including ethanl used in 22 E85), in which event nl the quantit s used is cnsidered 23 gasline. In additin, "gasline" des nt include thse liquids 24 which meet the secificatins f subdivisin (2) but which are 25 eseciall designated fr use ther than as a fuel fr internal 26 cmbustin engines. 27 (h) "Mtr vehicle" means a vehicle, excet a vehicle erated n 28 rails, which is relled b an internal cmbustin engine r 29 mtr and is designed t ermit its mbile use n ublic 30 highwas. 31 (i) "Persn" means a natural ersn, artnershi, firm, 32 assciatin, crratin, limited liabilit cman, reresentative 33 ainted b a curt, r the state r its litical subdivisins. 34 (j) "Public highwa" means the entire width between bundar 35 lines f ever ublicl maintained wa in Indiana including 36 streets and alles in cities and twns when an art f the wa is 37 en t ublic use fr vehicle travel. 38 (k) "Taxable marine facilit" means a marine facilit lcated n 39 an Indiana lake. 40 (l) "Taxicab" means a mtr vehicle: which. 41 (1) that is: 42 (1) (A) designed t carr nt mre than seven (7)

4 3 1 individuals, including the driver; 2 (2) (B) held ut t the ublic fr hire at a fare regulated b 3 municial rdinance and based un length f tris r time 4 cnsumed; 5 (3) () nt erated ver a definite rute; and 6 (4) (D) a art f a cmmercial enterrise in the business f 7 rviding taxicab service; r 8 (2) that is: 9 (A) designed t carr nt mre than sixteen (16) 10 individuals, including the driver; 11 (B) held ut fr hire t members f the ublic wh d nt 12 erate mtr vehicles because f health r religius 13 reasns; 14 () nt erated ver a definite rute; 15 (D) a art f a cmmercial enterrise in the business f 16 rviding taxicab service; and 17 (E) erated intrastate nl. 18 (m) "Terminal" means a marine r ieline gasline facilit. 19 (n) "Metered um" means a statinar um having a meter that 20 is caable f measuring the amunt f gasline disensed thrugh 21 it. 22 () "Billed gallns" means the gallns indicated n an invice fr 23 ament t a sulier. 24 () "Exrt" fr gasline and fuels taxed in the same manner as 25 gasline under the rigin state's statutes means the sale fr exrt 26 and deliver ut f a state b r fr the seller that is: 27 (1) an exrt b the seller in the rigin state; and 28 (2) an imrt b the seller in the destinatin state. 29 (q) "Imrt" fr gasline and fuels taxed in the same manner as 30 gasline under the rigin state's statutes means the urchase fr 31 exrt and transrtatin ut f a state b r fr the urchaser that 32 is: 33 (1) an exrt b the urchaser in the rigin state; and 34 (2) an imrt b the urchaser in the destinatin state. 35 (r) "Rack" means a dck, latfrm, r en ba: 36 (1) lcated at a refiner r terminal; and 37 (2) having a sstem f metered ies and hses t lad fuel 38 int a tank wagn r tank transrt. 39 (s) "E85" means a fuel blend nminall cnsisting f eight-five 40 ercent (85%) ethanl and fifteen ercent (15%) gasline (as 41 described in subsectin (g)(2)) that meets American Sciet fr 42 Testing and Materials standard secificatin fr fuel

5 4 1 ethanl fr autmtive sark-ignitin engines (Ed75Ed85). 2 SETION 2. I IS AMENDED TO READ AS 3 FOLLOWS [EFFETIVE JULY 1, 2009]: Sec. 30. (a) The fllwing 4 are exemt frm the secial fuel tax: 5 (1) Secial fuel sld b a sulier t a licensed exrter fr exrt 6 frm Indiana t anther state r cuntr t which the exrter is 7 secificall licensed t exrt exrts b a sulier, r exrts fr 8 which the destinatin state secial fuel tax has been aid t the 9 sulier and rf f exrt is available in the frm f a 10 destinatin state bill f lading. 11 (2) Secial fuel sld t the United States r an agenc r 12 instrumentalit theref. 13 (3) Secial fuel sld t a st exchange r ther cncessinaire n 14 a federal reservatin within Indiana. Hwever, the st exchange 15 r cncessinaire shall cllect, rert, and a quarterl t the 16 deartment an tax ermitted b federal law n secial fuel sld. 17 (4) Secial fuel sld t a ublic transrtatin crratin 18 established under I and used fr the transrtatin f 19 ersns fr cmensatin within the territr f the crratin. 20 (5) Secial fuel sld t a ublic transit deartment f a 21 municialit and used fr the transrtatin f ersns fr 22 cmensatin within a service area, n art f which is mre than 23 five (5) miles utside the crrate limits f the municialit. 24 (6) Secial fuel sld t a cmmn carrier f assengers, including 25 a business erating a: 26 (A) taxicab (as defined in I (l)) 27 I (l)(1)) and used b the carrier t transrt 28 assengers within a service area that is nt larger than ne (1) 29 cunt, and cunties cntiguus t that cunt; r 30 (B) taxicab (as defined in I (l)(2)). 31 (7) The rtin f secial fuel determined b the cmmissiner t 32 have been used t erate equiment attached t a mtr vehicle, 33 if the secial fuel was laced int the fuel sul tank f a mtr 34 vehicle that has a cmmn fuel reservir fr travel n a highwa 35 and fr the eratin f equiment. 36 (8) Secial fuel used fr nnhighwa urses, used as heating 37 il, r in trains. 38 (9) Secial fuel sld b a sulier t an unlicensed ersn fr 39 exrt frm Indiana t anther state and the secial fuel has been 40 de additzed in accrdance with sectin 31 f this chater. 41 (10) Sales f transmix between licensed suliers. 42 (b) The exemtin frm tax rvided under subsectin (a)(4)

6 5 1 thrugh (a)(7) shall be alied fr thrugh the refund rcedures 2 established in sectin 32 f this chater. 3 (c) The deartment shall rvide infrmatin t licensed suliers 4 f the destinatin state r states t which exrters are authrized t 5 exrt. 6 (d) Subject t gallnage limits and ther cnditins established b 7 the deartment, the deartment shall rvide fr refund f the tax 8 imsed b this chater t a whlesale distributr exrting unded 9 secial fuel ut f a bulk lant in this state in a vehicle caable f 10 carring nt mre than five thusand fur hundred (5,400) gallns if 11 the destinatin f that vehicle des nt exceed twent-five (25) miles 12 frm the brder f Indiana. 13 SETION 3. I IS AMENDED TO READ AS 14 FOLLOWS [EFFETIVE JULY 1, 2009]: Sec. 16. "Taxicab" means 15 a mtr vehicle: 16 (1) that: 17 (1) (A) is designed and cnstructed t accmmdate and 18 transrt nt mre than six (6) assengers in additin t the 19 driver; 20 (2) (B) des nt erate ver an definite and designated 21 rutes within the crrate bundaries f a cit r twn and 22 the suburban territr f a cit r twn; and 23 (3) () transrts assengers t the destinatin designated b 24 the assengers at the time f their transrtatin; r 25 (2) that is: 26 (A) designed t carr nt mre than sixteen (16) 27 individuals, including the driver; 28 (B) held ut fr hire t members f the ublic wh d nt 29 erate mtr vehicles because f health r religius 30 reasns; 31 () nt erated ver a definite rute; 32 (D) a art f a cmmercial enterrise in the business f 33 rviding taxicab service; and 34 (E) erated intrastate nl. 35 SETION 4. I , AS AMENDED BY P.L , 36 SETION 12, IS AMENDED TO READ AS FOLLOWS [EFFETIVE 37 JULY 1, 2009]: Sec. 3. Excet as rvided in sectin 18 f this chater, 38 this chater des nt al t the fllwing: 39 (1) Mtr vehicles used exclusivel fr carring United States 40 mail. 41 (2) Mtr vehicles while being used r erated under the 42 cntrl, directin, and suervisin f:

7 6 1 (A) the United States gvernment, the state, r a litical 2 subdivisin; r 3 (B) the bard f trustees f a state institutin. 4 (3) Mtr vehicles while transrting sulies, livestck feed 5 ingredients, fertilizer, r fertilizing materials that are in transit t 6 r frm farms. 7 (4) Mtr vehicles: 8 (A) cntrlled and erated b a farmer when used in the 9 transrtatin f the farmer's agricultural cmmdities and 10 rducts f thse cmmdities r in the transrtatin f 11 sulies t the farm; 12 (B) cntrlled and erated b a nnrfit agricultural 13 cerative assciatin (r b a federatin f agricultural 14 cerative assciatins if the federatin des nt ssess 15 greater wers r urses than the cerative assciatins); 16 () used in carring rert cnsisting f livestck r 17 agricultural cmmdities (nt including manufactured 18 rducts) if the mtr vehicles are nt used in carring: 19 (i) ther rert; 20 (ii) agricultural cmmdities; r 21 (iii) assengers; 22 fr cmensatin; r 23 (D) used in carring livestck feed r feed ingredients, if thse 24 rducts are transrted t a site f agricultural rductins r 25 t a business enterrise engaged in the sale f agricultural 26 gds t a ersn engaged in agricultural rductin. 27 This chater shall nt be cnstrued t al t mtr vehicles 28 wned, leased, cntrlled, r erated b a nnrfit cerative 29 assciatin, either incrrated r unincrrated, that was in 30 existence n Jul 6, (5) Mtr vehicles, cmmnl knwn as armred cars, used 32 exclusivel t transrt, under written bilateral cntract, cin, 33 currenc, bullin, securities, recius metals, jewelr, recius 34 stnes, mne, legal tender, stcks and bnds, negtiable and 35 nnnegtiable instruments and securities, stage and revenue 36 stams, and ther valuable dcuments and rare bjects. 37 (6) Mtr vehicles used as taxicabs. 38 SETION 5. I , AS AMENDED BY P.L , 39 SETION 1, IS AMENDED TO READ AS FOLLOWS [EFFETIVE 40 JULY 1, 2009]: Sec. 18. (a) 49 FR Parts 40, 375, 380, 382 thrugh , 390 thrugh 393, and 395 thrugh 398 are incrrated int 42 Indiana law b reference, and, excet as rvided in subsectins (d),

8 7 1 (e), (f), and (g), and (k), must be cmlied with b an interstate and 2 intrastate mtr carrier f ersns r rert thrughut Indiana. 3 Intrastate mtr carriers subject t cmliance reviews under 49 FR shall be selected accrding t criteria determined b the 5 suerintendent which must include but are nt limited t factrs such 6 as revius histr f vilatins fund in radside cmliance checks 7 and ther recrded vilatins. Hwever, the rvisins f 49 FR that regulate the hurs f service f drivers, including requirements fr 9 the maintenance f lgs, d nt al t a driver f a truck that is 10 registered b the bureau f mtr vehicles and used as a farm truck 11 under I 9-18, r a vehicle erated in intrastate cnstructin r 12 cnstructin related service, r the restratin f ublic utilit services 13 interruted b an emergenc. Excet as rvided in subsectin (i), 14 intrastate mtr carriers nt erating under authrit issued b the 15 United States Deartment f Transrtatin shall cml with the 16 requirements f 49 FR (b)(3) b registering with the 17 deartment f state revenue as an intrastate mtr carrier and 18 dislaing the certificatin number issued b the deartment f state 19 revenue receded b the letters "IN". Excet as rvided in subsectin 20 (i), all ther requirements f 49 FR al equall t interstate 21 and intrastate mtr carriers. 22 (b) 49 FR 107 subart (F) and subart (G), 171 thrugh 173, thrugh 178, and 180, are incrrated int Indiana law b reference, 24 and ever: 25 (1) rivate carrier; 26 (2) cmmn carrier; 27 (3) cntract carrier; 28 (4) mtr carrier f rert, intrastate; 29 (5) hazardus material shier; and 30 (6) carrier therwise exemt under sectin 3 f this chater; 31 must cml with the federal regulatins incrrated under this 32 subsectin, whether engaged in interstate r intrastate cmmerce. 33 (c) Ntwithstanding subsectin (b), nnsecificatin bulk and 34 nnbulk ackaging, including carg tank mtr vehicles, ma be used 35 nl if all the fllwing cnditins exist: 36 (1) The maximum caacit f the vehicle is less than three 37 thusand five hundred (3,500) gallns. 38 (2) The shiment f gds is limited t intrastate cmmerce. 39 (3) The vehicle is used nl fr the urse f transrting fuel 40 il, kersene, diesel fuel, gasline, gashl, r an cmbinatin 41 f these substances. 42 All additinal federal standards fr the safe transrtatin f hazardus

9 8 1 materials al until Jul 1, After June 30, 2000, the 2 maintenance, insectin, and marking requirements f 49 FR and Part 180 are alicable. In accrdance with federal hazardus 4 materials regulatins, new r additinal nnsecificatin carg tank 5 mtr vehicles ma nt be laced in service under this subsectin after 6 June 30, (d) Fr the urse f enfrcing this sectin, nl: 8 (1) a state lice fficer r state lice mtr carrier insectr 9 wh: 10 (A) has successfull cmleted a curse f instructin 11 arved b the United States Deartment f Transrtatin; 12 and 13 (B) maintains an accetable cmetenc level as established 14 b the state lice deartment; r 15 (2) an emlee f a law enfrcement agenc wh: 16 (A) befre Januar 1, 1991, has successfull cmleted a 17 curse f instructin arved b the United States 18 Deartment f Transrtatin; and 19 (B) maintains an accetable cmetenc level as established 20 b the state lice deartment; 21 n the enfrcement f 49 FR, ma, un demand, insect the 22 bks, accunts, aers, recrds, memranda, equiment, and 23 remises f an carrier, including a carrier exemt under sectin 24 3 f this chater. 25 (e) A ersn hired befre Setember 1, 1985, wh erates a mtr 26 vehicle intrastate incidentall t the ersn's nrmal emlment duties 27 and wh is nt emled as a chauffeur (as defined in I (a)) 28 is exemt frm 49 FR 391 as incrrated b this sectin. 29 (f) Ntwithstanding an rvisin f 49 FR 391 t the cntrar, a 30 ersn at least eighteen (18) ears f age and less than twent-ne (21) 31 ears f age ma be emled as a driver t erate a cmmercial 32 mtr vehicle intrastate. Hwever, a ersn emled under this 33 subsectin is nt exemt frm an ther rvisin f 49 FR (g) Ntwithstanding subsectin (a) r (b), the fllwing rvisins 35 f 49 FR d nt al t rivate carriers f rert erated nl in 36 intrastate cmmerce r an carriers f rert erated nl in 37 intrastate cmmerce while emled in cnstructin r cnstructin 38 related service: 39 (1) Subart (b)(3) as it alies t hsical qualificatins f 40 a driver wh has been diagnsed as an insulin deendent diabetic, 41 if the driver has alied fr and been granted an intrastate 42 medical waiver b the bureau f mtr vehicles ursuant t this

10 9 1 subsectin. The same standards and the fllwing rcedures 2 shall al fr this waiver whether r nt the driver is required t 3 hld a cmmercial driver's license. An alicatin fr the waiver 4 shall be submitted b the driver and cmleted and signed b a 5 certified endcrinlgist r the driver's treating hsician 6 attesting that the driver: 7 (A) is nt therwise hsicall disqualified under Subart t erate a mtr vehicle, whether r nt an 9 additinal disqualifing cnditin results frm the diabetic 10 cnditin, and is nt likel t suffer an diminutin in driving 11 abilit due t the driver's diabetic cnditin; 12 (B) is free f severe hglcemia r hglcemia 13 unawareness and has had less than ne (1) dcumented, 14 smtmatic hglcemic reactin er mnth; 15 () has demnstrated the abilit and willingness t rerl 16 mnitr and manage the driver's diabetic cnditin; 17 (D) has agreed t and, t the endcrinlgist's r treating 18 hsician's knwledge, has carried a surce f raidl 19 absrbable glucse at all times while driving a mtr vehicle, 20 has self mnitred bld glucse levels ne (1) hur befre 21 driving and at least nce ever fur (4) hurs while driving r 22 n dut befre driving using a rtable glucse mnitring 23 device equied with a cmuterized memr; and 24 (E) has submitted the bld glucse lgs frm the mnitring 25 device t the endcrinlgist r treating hsician at the time 26 f the annual medical examinatin. 27 A c f the bld glucse lgs shall be filed alng with the 28 annual statement frm the endcrinlgist r treating hsician 29 with the bureau f mtr vehicles fr review b the driver 30 licensing medical advisr bard established under I A 31 c f the annual statement shall als be rvided t the driver's 32 emler fr retentin in the driver's qualificatin file, and a c 33 shall be retained and held b the driver while driving fr 34 resentatin t an authrized federal, state, r lcal law 35 enfrcement fficial. Ntwithstanding the requirements f this 36 subdivisin, the endcrinlgist, the treating hsician, the 37 advisr bard f the bureau f mtr vehicles, r the bureau f 38 mtr vehicles ma, where medical indicatins warrant, establish 39 a shrt erid fr the medical examinatins required under this 40 subdivisin. 41 (2) Subart as it alies t insectin f vehicles carring 42 r laded with a erishable rduct. Hwever, this exemtin

11 10 1 des nt rhibit a law enfrcement fficer frm sting these 2 vehicles fr an bvius vilatin that ses an imminent threat f 3 an accident r incident. The exemtin is nt intended t include 4 refrigerated vehicles laded with erishables when the 5 refrigeratin unit is wrking. 6 (3) Subart as it alies t driver vehicle insectin 7 rerts. 8 (4) Subart as it alies t driver insectin. 9 (h) Fr urses f 49 FR 395.1(l), "lanting and harvesting 10 seasn" refers t the erid between Januar 1 and December 31 f 11 each ear. The intrastate cmmerce excetin set frth in 49 FR (l), as it alies t the transrtatin f agricultural cmmdities 13 and farm sulies, is restricted t single vehicles and carg tank mtr 14 vehicles with a caacit f nt mre than five thusand fur hundred 15 (5,400) gallns. 16 (i) The requirements f 49 FR d nt al t an intrastate 17 carrier r a guest eratr nt engaged in interstate cmmerce and 18 erating a mtr vehicle: 19 (1) as a farm vehicle in cnnectin with agricultural ursuits 20 usual and nrmal t the user's farming eratin; r 21 (2) fr ersnal urses unless the vehicle is erated either art 22 time r incidentall in the cnduct f a cmmercial enterrise. 23 (j) The suerintendent f state lice ma adt rules under 24 I gverning the arts and subarts f 49 FR incrrated b 25 reference under this sectin. 26 (k) This sectin des nt al t a mtr vehicle being erated 27 as a taxicab. 28 SETION 6. I IS AMENDED TO READ AS FOLLOWS 29 [EFFETIVE JULY 1, 2009]: Sec. 5. Excet as rvided in sectin 6 30 f this chater, the minimum amunts f financial resnsibilit are as 31 fllws: 32 (1) Subject t the limit set frth in subdivisin (2), twent-five 33 thusand dllars ($25,000) fr bdil injur t r the death f ne 34 (1) individual. 35 (2) Fift thusand dllars ($50,000) fr bdil injur t r the 36 death f tw (2) r mre individuals in an ne (1) accident. 37 (3) Ten thusand dllars ($10,000) fr damage t r the 38 destructin f rert in ne (1) accident. 39 (4) One millin dllars ($1,000,000) fr a mtr vehicle being 40 erated as a taxicab (as defined in I (2)). 41 SETION 7. I IS AMENDED TO READ AS FOLLOWS 42 [EFFETIVE JULY 1, 2009]: Sec. 4. A unit ma regulate the services

12 1 ffered b ersns wh hld ut fr ublic hire the use f vehicles, 2 including a mtr vehicle being erated as a taxicab (as defined 3 in I (2)). This includes the wer t fix the rice t be 4 charged fr that service. 11