Introduced Version
SENATE BILL No. 367
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-3-27.
Synopsis: Alcoholic beverage retailer liability coverage. Requires a
person who holds a retailer's license or permit to sell alcoholic
beverages for consumption on the premises to maintain coverage for
liability after December 31, 2012. Requires the commissioner of the
department of insurance to adopt rules to establish minimum amounts
of insurance and self-insurance coverage.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
Introduced
Second Regular Session 116th General Assembly (2010)
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SENATE BILL No. 367
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-27; (10)IN0367.1.1. -->
SECTION 1. IC 7.1-3-27 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 27. Coverage for Liability
Sec. 1. After December 31, 2012, a person who:
(1) holds a retailer's license or permit; and
(2) sells alcoholic beverages for consumption on the licensed
or permitted premises;
shall procure and maintain a policy of liability insurance to cover
the person's liability for damages that arise out of the person's sale
of alcoholic beverages for consumption on the licensed premises.
Sec. 2. Notwithstanding section 1 of this chapter, the department
of insurance may, upon the application of a person described in
section 1 of this chapter, issue a certificate of self-insurance if the
department of insurance is satisfied that the person making the
application is possessed of and will continue to be possessed of the
ability to pay a judgment obtained against the person for damages
that arise out of the person's sale of alcoholic beverages for
consumption on the licensed premises.
Sec. 3. The minimum amounts of insurance and self-insurance
coverage required under this chapter shall be established in rules
adopted by the commissioner of the department of insurance.
Sec. 4. A person who violates this chapter is subject to the
penalties described in IC 7.1-3-23.
Sec. 5. The commissioner of the department of insurance shall
adopt rules under IC 4-22-2 to implement this chapter.