The Indiana Senate Enrolled Act (SEA) 130, classifying RV drive-away drivers as independent contractors and exempt from unemployment and worker compensation, is headed to Indiana Gov. Eric Holcomb to be signed into law.
According to a release, Ron Breymier, executive director and lobbyist for the Indiana Manufactured Housing Association/Recreation Vehicle Indiana Council (IMHA/RVIC), reported that SEA 130 successfully passed the Indiana State Senate 49-0 and the Indiana House of Representatives 89-0.
The bill, authored by State Sens. Blake Doriot and Linda Rogers (Elkhart) and sponsored by State Reps. Doug Miller and Christy Stutzman (Elkhart and Middlebury) is scheduled to become law effective July 1.
For nearly 50 years, individuals who either tow or drive RVs from Indiana factories to dealers around the U.S. and Canada have operated as independent contractors. Companies like StarFleet Trucking, Quality Drive Away and Horizon Transport are hired by the RV manufacturers to coordinate the delivery of the RVs.
Drivers who deliver towable units have always been classified as independent contractors. However, the status of transport drivers as independent contractors was called into question when an individual filed for unemployment compensation.
An administrative law judge for the Indiana Department of Workforce Development ruled the individual was misclassified and should be an employee rather than a contractor. That ruling was appealed all the way to the Indiana Supreme Court. In a 5-0 decision the court affirmed that such individuals are independent contractors.
SEA 130 supports the Indiana Supreme Court decision and places the classification as independent contractor into state law. The bill positively impacts approximately 2,300 independent contract drivers who deliver 80,000 to 90,000 motorized RVs from Indiana each year.