*HB1167.2*
Reprinted
January 25, 2022
HOUSE BILL No. 1167
_____
DIGEST OF HB 1167 (Updated January 24, 2022 4:36 pm - DI 139)
Citations Affected: IC 6-1.1; IC 8-2.1; IC 9-14; IC 9-14.1; IC 9-18.5;
IC 9-21; IC 9-22; IC 9-24; IC 9-30; IC 9-32.
Synopsis: Bureau of motor vehicles. Allows an advanced practice
registered nurse to sign certain health documents concerning driving
privileges. Requires the bureau of motor vehicles (bureau) to establish
and maintain an audit working group. Provides that meetings of the
audit working group are not subject to open door laws. Provides that
the bureau, rather than the state board of accounts, is required to
conduct an audit of each license branch. Requires the bureau to
distribute at least one time each month the fees collected and deposited
from certain special group recognition license plates. Repeals the law
providing for the Earlham College trust license plate. Provides that
interference with highway traffic is considered unreasonable if the
interference occurs for more than 10 consecutive minutes except for:
(1) machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation, counties, or
municipalities; and (2) firefighting apparatus owned or operated by a
political subdivision or a volunteer fire department. Provides that a
(Continued next page)
Effective: July 1, 2022.
Pressel, Saunders
January 6, 2022, read first time and referred to Committee on Roads and Transportation.
January 13, 2022, amended, reported — Do Pass.
January 24, 2022, read second time, amended, ordered engrossed.
HB 1167—LS 7095/DI 139 Digest Continued
public agency or towing service that obtains the name and address of
the owner of or lienholder on a vehicle shall, not later than three
business days after obtaining the name and address, notify the owner
of the vehicle and any lienholder on the vehicle, as indicated by the
certificate of title or as discovered by a search of the National Motor
Vehicle Title Information System or an equivalent and commonly
available data base. Requires the bureau to process an electronic
application for a certificate of authority not more than five business
days after the submission of the application if the application meets
certain requirements. Provides that an individual is not required to be
a citizen of the United States as shown in the records of the bureau to
apply for a replacement driver's license or learner's permit by electronic
service. Provides that a suspension for failure to satisfy a judgment
imposed before December 31, 2021 terminates on December 31, 2024.
Removes the requirement that the bureau collect an administrative
penalty if a dealer fails to apply for a certificate of title for a motor
vehicle that is purchased or acquired in a state that does not have a
certificate of title law. Provides that a manufacturer or distributor may
not sell or offer to sell, directly or indirectly, a new motor vehicle to the
general public in Indiana except through a new motor vehicle dealer
holding a franchise for the line make covering the new motor vehicle.
Provides that the sales of new motor vehicles by a manufacturer or
franchisor to the federal government, a charitable organization, an
employee of the manufacturer or distributor, or a manufacturer or
distributor under certain conditions. Makes technical corrections.
HB 1167—LS 7095/DI 139HB 1167—LS 7095/DI 139 Reprinted
January 25, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1167
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-1.1-7-10, AS AMENDED BY P.L.235-2017,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 10. (a) This section does not apply to a mobile
4 home that is offered for sale at auction under IC 9-22-1.5, IC 9-22-1.7,
5 or IC 6-1.1-23.5 for the transfer resulting from the auction.
6 (b) As used in this section, "official seal" has the meaning set
7 forth in IC 33-42-0.5-21.
8 (b) (c) A mobile home may not be moved from one (1) location to
9 another unless the owner or the owner's agent obtains a permit to move
10 the mobile home from the county treasurer.
11 (c) (d) The bureau of motor vehicles may not:
12 (1) transfer the title to a mobile home; or
13 (2) change names in any manner on the title to a mobile home;
14 unless the owner or the owner's agent holds a valid permit to transfer
15 the title that was issued by the county treasurer and includes the county
16 treasurer's embossed official seal.
17 (d) (e) A county treasurer shall issue a permit which is required to
HB 1167—LS 7095/DI 139 2
1 either move, or transfer the title to, a mobile home if the taxes, special
2 assessments, interest, penalties, judgments, and costs that are due and
3 payable on the mobile home have been paid and the person requesting
4 the permit has a state issued title, a court order, or a bureau of motor
5 vehicles affidavit of sale or disposal. The county treasurer shall issue
6 the permit not later than two (2) business days (excluding weekends
7 and holidays) after the date the completed permit application is
8 received by the county treasurer. The permit shall state the date it is
9 issued.
10 (e) (f) After issuing a permit to move a mobile home under
11 subsection (d), (e), a county treasurer shall notify the township assessor
12 of the township to which the mobile home will be moved, or the county
13 assessor if there is no township assessor for the township, that the
14 permit to move the mobile home has been issued.
15 (f) (g) A permit to move, or transfer title to, a mobile home that is
16 issued under this section expires ninety (90) days after the date the
17 permit is issued. The permit is invalid after the permit expires. If the
18 owner wishes to move, or transfer title to, the mobile home after the
19 permit has expired, the owner or the owner's agent must obtain a new
20 permit under this section.
21 (g) (h) A county treasurer is not liable for the county treasurer's
22 good faith efforts to collect taxes that are due and payable for a mobile
23 home. Good faith efforts include the refusal to issue a permit under
24 subsection (d) (e) until all property taxes that are due and payable for
25 a mobile home are paid to the county treasurer.
26 SECTION 2. IC 6-1.1-7-10.4, AS AMENDED BY P.L.198-2016,
27 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 10.4. (a) This section does not apply to a mobile
29 home that is offered for sale at auction under IC 9-22-1.5 or
30 IC 9-22-1.7 for the transfer resulting from the auction.
31 (b) The owner of a mobile home who sells the mobile home to
32 another person shall provide the purchaser with the permit required by
33 section 10(c) 10(d) of this chapter before the sale is consummated.
34 SECTION 3. IC 8-2.1-24-18, AS AMENDED BY P.L.198-2016,
35 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through
37 387, 390 through 393, and 395 through 398 are incorporated into
38 Indiana law by reference, and, except as provided in subsections (d),
39 (e), (f), (g), and (j), must be complied with by an interstate and
40 intrastate motor carrier of persons or property throughout Indiana.
41 Intrastate motor carriers subject to compliance reviews under 49 CFR
42 385 shall be selected according to criteria determined by the
HB 1167—LS 7095/DI 139 3
1 superintendent which must include but are not limited to factors such
2 as previous history of violations found in roadside compliance checks
3 and other recorded violations. However, the provisions of 49 CFR 395
4 that regulate the hours of service of drivers, including requirements for
5 the maintenance of logs, do not apply to a driver of a truck that is
6 registered by the bureau of motor vehicles and used as a farm truck
7 under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle
8 operated in intrastate construction or construction related service, or
9 the restoration of public utility services interrupted by an emergency.
10 Except as provided in subsection (i) and (j):
11 (1) intrastate motor carriers not operating under authority issued
12 by the United States Department of Transportation shall comply
13 with the requirements of 49 CFR 390.21(b)(3) by registering with
14 the department of state revenue as an intrastate motor carrier and
15 displaying the certification number issued by the department of
16 state revenue preceded by the letters "IN"; and
17 (2) all other requirements of 49 CFR 390.21 apply equally to
18 interstate and intrastate motor carriers.
19 (b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
20 through 178, and 180, are incorporated into Indiana law by reference,
21 and every:
22 (1) private carrier;
23 (2) common carrier;
24 (3) contract carrier;
25 (4) motor carrier of property, intrastate;
26 (5) hazardous material shipper; and
27 (6) carrier otherwise exempt under section 3 of this chapter;
28 must comply with the federal regulations incorporated under this
29 subsection, whether engaged in interstate or intrastate commerce.
30 (c) Notwithstanding subsection (b), nonspecification bulk and
31 nonbulk packaging, including cargo tank motor vehicles, may be used
32 only if all the following conditions exist:
33 (1) The maximum capacity of the vehicle is less than three
34 thousand five hundred (3,500) gallons.
35 (2) The shipment of goods is limited to intrastate commerce.
36 (3) The vehicle is used only for the purpose of transporting fuel
37 oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
38 of these substances.
39 Maintenance, inspection, and marking requirements of 49 CFR 173.8
40 and Part 180 are applicable. In accordance with federal hazardous
41 materials regulations, new or additional nonspecification cargo tank
42 motor vehicles may not be placed in service under this subsection.
HB 1167—LS 7095/DI 139 4
1 (d) For the purpose of enforcing this section, only:
2 (1) a state police officer or state police motor carrier inspector
3 who:
4 (A) has successfully completed a course of instruction
5 approved by the United States Department of Transportation;
6 and
7 (B) maintains an acceptable competency level as established
8 by the state police department; or
9 (2) an employee of a law enforcement agency who:
10 (A) before January 1, 1991, has successfully completed a
11 course of instruction approved by the United States
12 Department of Transportation; and
13 (B) maintains an acceptable competency level as established
14 by the state police department;
15 on the enforcement of 49 CFR, may, upon demand, inspect the books,
16 accounts, papers, records, memoranda, equipment, and premises of any
17 carrier, including a carrier exempt under section 3 of this chapter.
18 (e) A person hired before September 1, 1985, who operates a motor
19 vehicle intrastate incidentally to the person's normal employment duties
20 and who is not employed to operate a motor vehicle for hire is exempt
21 from 49 CFR 391 as incorporated by this section.
22 (f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
23 person at least eighteen (18) years of age and less than twenty-one (21)
24 years of age may be employed as a driver to operate a commercial
25 motor vehicle intrastate. However, a person employed under this
26 subsection is not exempt from any other provision of 49 CFR 391.
27 (g) Notwithstanding subsection (a) or (b), the following provisions
28 of 49 CFR do not apply to private carriers of property operated only in
29 intrastate commerce or any carriers of property operated only in
30 intrastate commerce while employed in construction or construction
31 related service:
32 (1) Subpart 391.41(b)(3) as it applies to physical qualifications of
33 a driver who has been diagnosed as an insulin dependent diabetic,
34 if the driver has applied for and been granted an intrastate
35 medical waiver by the bureau of motor vehicles pursuant to this
36 subsection. The same standards and the following procedures
37 shall apply for this waiver whether or not the driver is required to
38 hold a commercial driver's license. An application for the waiver
39 shall be submitted by the driver and completed and signed by a
40 certified endocrinologist, or the driver's treating physician, or the
41 driver's treating advanced practice registered nurse attesting
42 that the driver:
HB 1167—LS 7095/DI 139 5
1 (A) is not otherwise physically disqualified under Subpart
2 391.41 to operate a motor vehicle, whether or not any
3 additional disqualifying condition results from the diabetic
4 condition, and is not likely to suffer any diminution in driving
5 ability due to the driver's diabetic condition;
6 (B) is free of severe hypoglycemia or hypoglycemia
7 unawareness and has had less than one (1) documented,
8 symptomatic hypoglycemic reaction per month;
9 (C) has demonstrated the ability and willingness to properly
10 monitor and manage the driver's diabetic condition;
11 (D) has agreed to and, to the endocrinologist's, or treating
12 physician's, or treating advanced practice registered
13 nurse's knowledge, has carried a source of rapidly absorbable
14 glucose at all times while driving a motor vehicle, has self
15 monitored blood glucose levels one (1) hour before driving
16 and at least once every four (4) hours while driving or on duty
17 before driving using a portable glucose monitoring device
18 equipped with a computerized memory; and
19 (E) has submitted the blood glucose logs from the monitoring
20 device to the endocrinologist, or treating physician, or
21 treating advanced practice registered nurse at the time of
22 the annual medical examination.
23 A copy of the blood glucose logs shall be filed along with the
24 annual statement from the endocrinologist, or treating physician,
25 or treating advanced practice registered nurse with the bureau
26 of motor vehicles for review by the driver licensing medical
27 advisory board established under IC 9-14-11. A copy of the
28 annual statement shall also be provided to the driver's employer
29 for retention in the driver's qualification file, and a copy shall be
30 retained and held by the driver while driving for presentation to
31 an authorized federal, state, or local law enforcement official.
32 Notwithstanding the requirements of this subdivision, the
33 endocrinologist, the treating physician, the treating advanced
34 practice registered nurse, the advisory board of the bureau of
35 motor vehicles, or the bureau of motor vehicles may, where
36 medical indications warrant, establish a short period for the
37 medical examinations required under this subdivision.
38 (2) Subpart 396.9 as it applies to inspection of vehicles carrying
39 or loaded with a perishable product. However, this exemption
40 does not prohibit a law enforcement officer from stopping these
41 vehicles for an obvious violation that poses an imminent threat of
42 an accident or incident. The exemption is not intended to include
HB 1167—LS 7095/DI 139 6
1 refrigerated vehicles loaded with perishables when the
2 refrigeration unit is working.
3 (3) Subpart 396.11 as it applies to driver vehicle inspection
4 reports.
5 (4) Subpart 396.13 as it applies to driver inspection.
6 (h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
7 season" refers to the period between January 1 and December 31 of
8 each year. The intrastate commerce exception set forth in 49 CFR
9 395.1(k), as it applies to the transportation of agricultural commodities
10 and farm supplies, is restricted to single vehicles and cargo tank motor
11 vehicles with a capacity of not more than five thousand four hundred
12 (5,400) gallons.
13 (i) The requirements of 49 CFR 390.21 do not apply to an intrastate
14 motor carrier or a guest operator not engaged in interstate commerce
15 and operating a motor vehicle as a farm vehicle in connection with
16 agricultural pursuits usual and normal to the user's farming operation
17 or for personal purposes unless the vehicle is operated either part time
18 or incidentally in the conduct of a commercial enterprise.
19 (j) This section does not apply to private carriers that operate using
20 only the type of motor vehicles specified in IC 8-2.1-24-3(6).
21 (k) The superintendent of state police may adopt rules under
22 IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
23 reference under this section.
24 SECTION 4. IC 9-14-10-1, AS AMENDED BY P.L.257-2017,
25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 1. The commission board shall do the following:
27 (1) Recommend legislation needed to operate the license
28 branches.
29 (2) Recommend rules needed to operate the license branches.
30 (3) Review budget proposals for the commission and the license
31 branches operated under IC 9-14.1, including the budget required
32 by IC 9-14.1-5-4 and IC 9-14.1-5-5.
33 (4) Establish the determination criteria and determine the number
34 and location of license branches to be operated under IC 9-14.1.
35 (5) Establish and adopt minimum standards for the operation and
36 maintenance of each physical or virtual location at which services
37 are provided by a full service provider or partial services provider
38 under IC 9-14.1.
39 (6) Administer the commission fund established under
40 IC 9-14-14-1.
41 (7) Establish and maintain an audit working group composed
42 of two (2) board members of the commission, excluding the
HB 1167—LS 7095/DI 139 7
1 commissioner, who are selected by and may be dismissed by
2 the commissioner. A meeting of the audit working group is
3 not subject to IC 5-14-1.5.
4 (8) Approve an internal audit charter and an audit plan at
5 least one (1) time each year.
6 SECTION 5. IC 9-14.1-5-1, AS ADDED BY P.L.198-2016,
7 SECTION 195, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state board of accounts
9 bureau shall conduct an audit each account of each license branch
10 operated under this article.
11 (b) Each audit must be
12 (1) completed not more than ninety (90) days after
13 commencement of the audit; and
14 (2) filed with the legislative services agency in an electronic
15 format under IC 5-14-6 not more than thirty (30) days after
16 completion of the audit. conducted as determined by an annual
17 risk assessment and an audit plan.
18 (c) An audit prepared under this section is a public record.
19 (d) Notwithstanding the audit performed under subsection (a),
20 the state board of accounts may examine an account of a license
21 branch operated under this article.
22 SECTION 6. IC 9-18.5-2-1, AS AMENDED BY P.L.29-2021,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 1. (a) A person may apply to the bureau for a
25 personalized license plate to display on the person's vehicle.
26 (b) The following license plates may be designed as a personalized
27 license plate under this chapter:
28 (1) IC 9-18.5-4 (prisoner of war license plates).
29 (2) IC 9-18.5-5 (disabled Hoosier veteran license plates).
30 (3) IC 9-18.5-6 (Purple Heart license plates).
31 (4) IC 9-18.5-7 (National Guard license plates).
32 (5) IC 9-18.5-8 (license plates for persons with disabilities).
33 (6) IC 9-18.5-9 (amateur radio operator license plates).
34 (7) IC 9-18.5-10 (civic event license plates).
35 (8) IC 9-18.5-11 (In God We Trust license plates).
36 (9) IC 9-18.5-12 (special group recognition license plates).
37 (10) IC 9-18.5-13 (environmental license plates).
38 (11) IC 9-18.5-14 (kids first trust license plates).
39 (12) IC 9-18.5-15 (education license plates).
40 (13) IC 9-18.5-16 (Indiana FFA trust license plates).
41 (14) IC 9-18.5-17 (Indiana firefighter license plates).
42 (15) IC 9-18.5-18 (Indiana boy scouts trust license plates).
HB 1167—LS 7095/DI 139 8
1 (16) IC 9-18.5-19 (D.A.R.E. Indiana trust license plates).
2 (17) IC 9-18.5-20 (Indiana arts trust license plates).
3 (18) IC 9-18.5-21 (Indiana health trust license plates).
4 (19) IC 9-18.5-22 (Indiana Native American trust license plates).
5 (20) IC 9-18.5-24 (Pearl Harbor survivor license plates).
6 (21) IC 9-18.5-25 (Indiana state educational institution trust
7 license plates).
8 (22) IC 9-18.5-26 (Lewis and Clark expedition license plates).
9 (23) IC 9-18.5-27 (Riley Children's Foundation license plates).
10 (24) IC 9-18.5-28 (National Football League franchised
11 professional football team license plates).
12 (25) IC 9-18.5-29 (Hoosier veteran license plates).
13 (26) IC 9-18.5-30 (support our troops license plates).
14 (27) IC 9-18.5-31 (Abraham Lincoln's boyhood home license
15 plates).
16 (28) IC 9-18.5-32 (Earlham College Trust license plates).
17 (29) (28) IC 9-18.5-33 (Indiana Gold Star family member license
18 plates).
19 (30) (29) IC 9-18.5-35 (Armed Forces Expeditionary Medal
20 license plates).
21 (31) (30) A license plate issued under IC 9-18 (before its
22 expiration) or IC 9-18.1.
23 SECTION 7. IC 9-18.5-12-13, AS AMENDED BY P.L.178-2019,
24 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 13. (a) In order to continue participation in the
26 special group recognition license plate program, a special group must:
27 (1) sell at least five hundred (500) special group recognition
28 license plates of the special group in the first two (2) years in
29 which the license plate is offered for sale; and
30 (2) maintain the sale or renewal of at least five hundred (500)
31 special group recognition license plates during each subsequent
32 year after the initial two (2) year period of sale.
33 (b) If the special group fails to sell or renew special group
34 recognition license plates in the manner provided in subsection (a), the
35 bureau shall place the issuance of the special group recognition license
36 plates for the special group on probation for the subsequent year. If, in
37 that subsequent year on probation, the special group fails to sell or
38 renew at least five hundred (500) special group recognition license
39 plates, the bureau shall terminate the participation of the special group
40 in the special group recognition license plate program. If the special
41 group sells or renews at least five hundred (500) special group
42 recognition license plates in the year on probation, the participation of
HB 1167—LS 7095/DI 139 9
1 the special group in the special group recognition license plate program
2 is continued. A special group shall be afforded only one (1)
3 probationary period under this subsection.
4 (c) The bureau may terminate the participation of a special group in
5 the special group recognition license plate program if the special
6 group:
7 (1) ceases operations; or
8 (2) fails to use the annual fee collected by the bureau in a manner
9 consistent with the statement submitted by the special group
10 under section 3(a)(9) of this chapter.
11 (d) A special group that desires to participate in the special group
12 recognition license plate program after termination by the bureau under
13 this section:
14 (1) must follow the procedure set forth in section 3 of this
15 chapter; and
16 (2) may not reapply to participate in the special group
17 recognition license plate program for at least two (2) years
18 after termination.
19 (e) Upon termination under this section of a special group's
20 participation in the special group recognition license plate program, the
21 bureau shall distribute any money remaining in the trust fund
22 established under section 14 of this chapter for the special group to the
23 state general fund.
24 SECTION 8. IC 9-18.5-16-4, AS ADDED BY P.L.198-2016,
25 SECTION 327, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana FFA trust fund
27 is established.
28 (b) The treasurer of state shall invest the money in the Indiana FFA
29 trust fund not currently needed to meet the obligations of the Indiana
30 FFA trust fund in the same manner as other public trust funds are
31 invested. Interest that accrues from these investments shall be
32 deposited in the Indiana FFA trust fund.
33 (c) The bureau shall administer the Indiana FFA trust fund.
34 Expenses of administering the Indiana FFA trust fund shall be paid
35 from money in the Indiana FFA trust fund.
36 (d) On June 30 of each year, The bureau shall distribute at least one
37 (1) time each month the money from the fund to the FFA Foundation
38 that is located within Indiana.
39 (e) Money in the fund at the end of a state fiscal year does not revert
40 to the state general fund.
41 SECTION 9. IC 9-18.5-18-4, AS ADDED BY P.L.198-2016,
42 SECTION 327, IS AMENDED TO READ AS FOLLOWS
HB 1167—LS 7095/DI 139 10
1 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana boy scouts trust
2 fund is established.
3 (b) The treasurer of state shall invest the money in the fund not
4 currently needed to meet the obligations of the fund in the same
5 manner as other public trust funds are invested. Interest that accrues
6 from these investments shall be deposited in the fund.
7 (c) The bureau shall administer the fund. Expenses of administering
8 the fund shall be paid from money in the fund.
9 (d) On June 30 of each year, The bureau shall distribute at least one
10 (1) time each month the money from the fund to the organization
11 established under section 5 of this chapter.
12 (e) Money in the fund at the end of a state fiscal year does not revert
13 to the state general fund.
14 SECTION 10. IC 9-18.5-19-4, AS ADDED BY P.L.198-2016,
15 SECTION 327, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The D.A.R.E. Indiana trust
17 fund is established.
18 (b) The treasurer of state shall invest the money in the fund not
19 currently needed to meet the obligations of the fund in the same
20 manner as other public trust funds are invested. Interest that accrues
21 from these investments shall be deposited in the fund.
22 (c) The bureau shall administer the fund. Expenses of administering
23 the fund shall be paid from money in the fund.
24 (d) On June 30 of each year, The bureau shall distribute at least one
25 (1) time each month the money from the fund to D.A.R.E. Indiana,
26 Inc.
27 (e) Money in the fund at the end of a state fiscal year does not revert
28 to the state general fund.
29 SECTION 11. IC 9-18.5-20-3, AS ADDED BY P.L.198-2016,
30 SECTION 327, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The fees for an Indiana arts
32 trust license plate are as follows:
33 (1) An annual supplemental fee of fifteen dollars ($15) under
34 IC 9-18.5-12-16.
35 (2) An annual fee of not more than twenty-five dollars ($25) as
36 provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
37 (b) The annual fee referred to in subsection (a)(2) must be collected
38 by the bureau and deposited in the Indiana arts commission trust fund
39 established under IC 4-23-2.5-4.
40 (c) The bureau shall distribute at least one (1) time each month
41 the money from the Indiana arts commission trust fund collected
42 under subsection (b).
HB 1167—LS 7095/DI 139 11
1 SECTION 12. IC 9-18.5-21-4, AS ADDED BY P.L.198-2016,
2 SECTION 327, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana health trust fund
4 is established.
5 (b) The treasurer of state shall invest the money in the Indiana
6 health trust fund not currently needed to meet the obligations of the
7 Indiana health trust fund in the same manner as other public trust funds
8 are invested. Interest that accrues from these investments shall be
9 deposited in the Indiana health trust fund.
10 (c) The bureau shall administer the Indiana health trust fund.
11 Expenses of administering the Indiana health trust fund shall be paid
12 from money in the Indiana health trust fund.
13 (d) On June 30 of each year, The bureau shall distribute at least one
14 (1) time each month the money from the fund to the organization
15 established under section 5 of this chapter.
16 (e) Money in the fund at the end of a state fiscal year does not revert
17 to the state general fund.
18 SECTION 13. IC 9-18.5-22-4, AS ADDED BY P.L.198-2016,
19 SECTION 327, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana Native American
21 trust fund is established.
22 (b) The treasurer of state shall invest the money in the Indiana
23 Native American trust fund not currently needed to meet the
24 obligations of the Indiana Native American trust fund in the same
25 manner as other public trust funds are invested. Interest that accrues
26 from these investments shall be deposited in the Indiana Native
27 American trust fund.
28 (c) The bureau shall administer the Indiana Native American trust
29 fund. Expenses of administering the Indiana Native American trust
30 fund shall be paid from money in the Indiana Native American trust
31 fund.
32 (d) On June 30 of each year, The bureau shall distribute at least one
33 (1) time each month the money from the fund to the Native American
34 Indian affairs commission established under IC 4-23-32.
35 (e) Money in the fund at the end of a state fiscal year does not revert
36 to the state general fund.
37 (f) The Native American Indian affairs commission may use money
38 received under this section for any lawful purpose of the Native
39 American Indian affairs commission.
40 SECTION 14. IC 9-18.5-23-3, AS AMENDED BY P.L.57-2020,
41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 3. (a) The fees for a first responder license plate
HB 1167—LS 7095/DI 139 12
1 are as follows:
2 (1) An annual supplemental fee of fifteen dollars ($15) under
3 IC 9-18.5-12-16.
4 (2) An annual fee of not more than twenty-five dollars ($25) as
5 provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
6 (b) The annual fee referred to in subsection (a)(2) shall be collected
7 by the bureau and deposited in the fund established under
8 IC 10-15-3-1.
9 (c) The bureau shall distribute at least one (1) time each month
10 the money from the fund collected under subsection (b).
11 SECTION 15. IC 9-18.5-26-4, AS ADDED BY P.L.198-2016,
12 SECTION 327, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Lewis and Clark
14 expedition fund is established.
15 (b) The treasurer of state shall invest the money in the fund not
16 currently needed to meet the obligations of the fund in the same
17 manner as other public funds are invested. Interest that accrues from
18 these investments shall be deposited in the fund. Money in the fund is
19 continuously appropriated for the purposes of this section.
20 (c) The bureau shall administer the fund. Expenses of administering
21 the fund shall be paid from money in the fund.
22 (d) The bureau shall monthly distribute at least one (1) time each
23 month the money from the fund to the Lewis and Clark expedition
24 commission established by IC 14-20-15.
25 (e) Money in the fund at the end of a state fiscal year does not revert
26 to the state general fund.
27 SECTION 16. IC 9-18.5-28-4, AS ADDED BY P.L.198-2016,
28 SECTION 327, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The fees for a National
30 Football League franchised football team license plate are as follows:
31 (1) An annual supplemental fee of ten dollars ($10). The fee shall
32 be distributed as follows:
33 (A) Five dollars ($5) to the commission fund.
34 (B) Five dollars ($5) to the motor vehicle highway account.
35 (2) An annual fee of twenty dollars ($20) for deposit in the capital
36 projects fund established by section 5 of this chapter.
37 (b) The bureau shall distribute at least one (1) time each month
38 the money from the capital projects fund collected under
39 subsection (a).
40 SECTION 17. IC 9-18.5-29-3, AS ADDED BY P.L.198-2016,
41 SECTION 327, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual who registers
HB 1167—LS 7095/DI 139 13
1 a vehicle under this title may apply for and receive a Hoosier veteran
2 license plate for one (1) or more vehicles upon doing the following:
3 (1) Completing an application for a Hoosier veteran license plate.
4 (2) Presenting one (1) of the following to the bureau:
5 (A) A United States Uniformed Services Retiree Identification
6 Card.
7 (B) A DD 214 or DD 215 record.
8 (C) United States military discharge papers.
9 (D) A current armed forces identification card.
10 (E) A credential issued to the individual that contains an
11 indication of veteran status under IC 9-24-11-5.5.
12 (3) Paying a fee in an amount of fifteen dollars ($15).
13 (b) The bureau shall distribute at least one (1) time each month the
14 fee described in subsection (a)(3) to the director of veterans' affairs for
15 deposit in the military family relief fund established under
16 IC 10-17-12-8.
17 SECTION 18. IC 9-18.5-30-2, AS ADDED BY P.L.198-2016,
18 SECTION 327, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2022]: Sec. 2. A person may receive a support
20 our troops license plate under this chapter upon doing the following:
21 (1) Completing an application for a support our troops license
22 plate.
23 (2) Paying an annual fee of twenty dollars ($20).
24 The bureau shall distribute at least one (1) time each month the fee
25 described in subdivision (2) to the director of veterans' affairs for
26 deposit in the military family relief fund established under
27 IC 10-17-12-8.
28 SECTION 19. IC 9-18.5-31-7, AS ADDED BY P.L.198-2016,
29 SECTION 327, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The Indiana State Museum
31 Foundation trust fund is established.
32 (b) The treasurer of state shall invest the money in the Indiana State
33 Museum Foundation trust fund not currently needed to meet the
34 obligations of the Indiana State Museum Foundation trust fund in the
35 same manner as other public funds are invested. Interest that accrues
36 from these investments shall be deposited in the Indiana State Museum
37 Foundation trust fund. Money in the Indiana State Museum Foundation
38 trust fund is continuously appropriated for the purposes of this section.
39 (c) The bureau shall administer the Indiana State Museum
40 Foundation trust fund. Expenses of administering the Indiana State
41 Museum Foundation trust fund shall be paid from money in the fund.
42 (d) On June 30 of each year, The bureau shall distribute at least one
HB 1167—LS 7095/DI 139 14
1 (1) time each month the money from the Indiana State Museum
2 Foundation trust fund to the Indiana State Museum Foundation, Inc. for
3 use concerning the Lincoln collection.
4 (e) Money in the Indiana State Museum Foundation trust fund at the
5 end of a state fiscal year does not revert to the state general fund.
6 SECTION 20. IC 9-18.5-32 IS REPEALED [EFFECTIVE JULY 1,
7 2022]. (Earlham College Trust License Plates).
8 SECTION 21. IC 9-21-8-47, AS AMENDED BY P.L.210-2005,
9 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 47. (a) The following vehicles must be moved or
11 operated so as to avoid any material damage to the highway or
12 unreasonable interference with other highway traffic:
13 (1) Machinery or equipment used in highway construction or
14 maintenance by the Indiana department of transportation,
15 counties, or municipalities.
16 (2) Farm drainage machinery.
17 (3) Implements of agriculture.
18 (4) Firefighting apparatus owned or operated by a political
19 subdivision or a volunteer fire department (as defined in
20 IC 36-8-12-2).
21 (5) Farm vehicles loaded with farm products.
22 (b) For purposes of this section, interference with other highway
23 traffic is considered unreasonable if the interference occurs for
24 more than ten (10) consecutive minutes. This subsection does not
25 apply to a vehicle in subsection (a)(1) or (a)(4).
26 SECTION 22. IC 9-22-1-19, AS AMENDED BY P.L.281-2019,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 19. (a) Within three (3) business days after
29 removal of a vehicle to a storage yard or towing service under section
30 13, 14, 16, or 31 of this chapter or IC 9-22-6, the public agency or
31 towing service shall conduct a search of the National Motor Vehicle
32 Title Information System or an equivalent and commonly available data
33 base to attempt to obtain the last state of record of the vehicle in order
34 to attempt to ascertain the name and address of the person who owns
35 or holds a lien on the vehicle.
36 (b) A public agency or towing service that obtains the name and
37 address of the owner of or lienholder on a vehicle shall, not later than
38 three (3) business days after obtaining the name and address, notify the
39 person who owns or holds a lien on the vehicle owner of the vehicle
40 and any lienholder on the vehicle, as indicated by the certificate of
41 title or discovered by a search under subsection (a), of the
42 following:
HB 1167—LS 7095/DI 139 15
1 (1) The name, address, and telephone number of the public
2 agency or towing service.
3 (2) That storage charges are being accrued and the vehicle is
4 subject to sale if the vehicle is not claimed and the charges are not
5 paid.
6 (3) The earliest possible date and location of the public sale or
7 auction.
8 The notice must be made by certified mail or a certificate of mailing or
9 by means of an electronic service approved by the bureau.
10 Notwithstanding section 4 of this chapter, a public agency or towing
11 service that fails to notify the owner of or lienholder on the vehicle as
12 set forth in this subsection may not collect additional storage costs
13 incurred after the date of receipt of the name and address obtained.
14 SECTION 23. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
15 SECTION 408, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The application required
17 under section 2 of this chapter shall be made in a manner prescribed by
18 the bureau and filed with the bureau.
19 (b) The application required by section 2 of this chapter must
20 include the following:
21 (1) The name and address of the applicant.
22 (2) The year, make, model, and vehicle identification number of
23 the vehicle, if ascertainable, together with any other identifying
24 features.
25 (3) A concise statement of the facts surrounding the abandonment
26 of the vehicle, that the title of the vehicle is faulty, lost, or
27 destroyed, or the reasons for disposal of the vehicle.
28 (4) An affidavit executed by the applicant stating that the facts
29 alleged in the application are true and that no material fact has
30 been withheld.
31 (c) The bureau shall issue a certificate of authority if:
32 (1) the bureau determines that the application satisfies the
33 requirements of this chapter; and
34 (2) the applicant pays a fee of four dollars ($4) for each certificate
35 of authority.
36 The fee under subdivision (2) shall be deposited in the motor vehicle
37 highway account.
38 (d) The bureau shall process an electronic application for a
39 certificate of authority not more than five (5) business days after
40 the submission of the application if the application meets the
41 requirements under section 2 of this chapter or under this section.
42 (d) (e) A certificate of authority issued under this chapter must
HB 1167—LS 7095/DI 139 16
1 contain the following information:
2 (1) The name and address of the person that filed the application
3 required under section 2 of this chapter.
4 (2) The year, make, model, and vehicle identification number, if
5 ascertainable, together with any other identifying features of the
6 vehicle that has been authorized to be sold for scrap metal.
7 SECTION 24. IC 9-22-6-2, AS AMENDED BY P.L.157-2017,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 2. (a) A person that performs labor, furnishes
10 materials or storage, or does repair work on a vehicle at the request of
11 the owner of the vehicle has a mechanic's lien on the vehicle for the
12 reasonable value of the charges for the labor, materials, storage, or
13 repairs.
14 (b) A person that provides towing services for a vehicle at the
15 request of the owner of the vehicle has a mechanic's lien on the vehicle
16 for the reasonable value of the charges for the towing services and
17 other related costs.
18 (c) A person that has a mechanic's lien on a vehicle under
19 subsection (a) or (b) may advertise the vehicle for sale if the person
20 followed the procedures described in IC 9-22-1-19 and if:
21 (1) the charges made under subsection (a) or (b) are not paid; and
22 (2) the vehicle is not claimed;
23 within thirty (30) days after the date on which the vehicle is left in or
24 comes into the possession of the person for repairs, storage, towing, or
25 the furnishing of materials. The vehicle may not be sold until the later
26 of fifteen (15) days after the date the advertisement required by
27 subsection (d) has been placed or fifteen (15) days after notice required
28 by subsection (e) has been sent.
29 (d) Before a vehicle may be sold under subsection (c) or under
30 IC 9-22-1-21.5, an advertisement must be placed in a newspaper that
31 is printed in English and of general circulation in the city or town in
32 which the lienholder's place of business is located. If the lienholder is
33 located outside the corporate limits of a city or a town, the
34 advertisement must be placed in a newspaper of general circulation in
35 the county in which the place of business of the lienholder is located.
36 The advertisement must contain at least the following information:
37 (1) A description of the vehicle, including make, year, and
38 manufacturer's identification number.
39 (2) The amount of the unpaid charges.
40 (3) The time, place, and date of the sale.
41 (e) In addition to the advertisement required under subsection (d),
42 the person that holds the mechanic's lien under this section or under
HB 1167—LS 7095/DI 139 17
1 IC 9-22-1-21.5(c) must notify the owner of the vehicle and any other
2 person that holds a lien of record, as indicated on the certificate of title
of the vehicle or discovered as a result of the search 3 described in
4 IC 9-22-1-19, by certified mail, return receipt requested, at the last
5 known address of the owner or person, as applicable, that the vehicle
6 will be sold at public auction on a specified date to satisfy the
7 mechanic's lien imposed by this section. If the person who holds the
8 mechanic's lien has proof that the notice was mailed to the owner of the
9 vehicle and any person who holds a lien of record in accordance
10 with this subsection, actual receipt of the notice by the owner of the
11 vehicle is not required. Actual receipt of the notice by any other person
12 that holds a lien of record is required unless a properly addressed
13 notice is refused by the addressee or is otherwise returned to the sender
14 as undeliverable.
15 (f) A person that holds a mechanic's lien of record on a vehicle
16 subject to sale under this section or under IC 9-22-1-21.5 may pay the
17 storage, repair, towing, or service charges due. If the person that holds
18 the mechanic's lien of record elects to pay the charges due, the person
19 is entitled to possession of the vehicle and becomes the holder of the
20 mechanic's lien imposed by this section.
21 (g) If the person that owns a vehicle or the lienholder of a vehicle
22 subject to sale under this section or under IC 9-22-1-21.5 does not
23 claim the vehicle and satisfy the mechanic's lien on the vehicle, the
24 vehicle may be sold at public sale or public auction to the highest and
25 best bidder. A person that holds a mechanic's lien under this section
26 may purchase a vehicle subject to sale under this section.
27 (h) A person that holds a mechanic's lien under this section or under
28 IC 9-22-1-21.5 may deduct and retain the amount of the mechanic's
29 lien, the sale disposal costs, and the cost of the advertisement required
30 under subsection (d) from the purchase price received for a vehicle sold
31 under this section. After deducting from the purchase price the amount
32 of the mechanic's lien, the sale disposal costs, and the cost of the
33 advertisement, the person shall pay the surplus of the purchase price to
34 the person that holds the first lien of record, as indicated on the
35 certificate of title, of the vehicle. If there is no lien of record, the person
36 shall pay the surplus of the purchase price to the owner of the vehicle,
37 if the owner's address or whereabouts are known. If the address or
38 whereabouts are not known and there is no lien of record, the surplus
39 of the purchase price shall be sent to:
40 (1) the abandoned vehicle fund of the city, county, or town from
41 which the vehicle was towed, for vehicles subject to IC 9-22-1; or
42 (2) the clerk of courts, for all other vehicles, in the jurisdiction in
HB 1167—LS 7095/DI 139 18
1 which the business of the person that holds the mechanic's lien is
2 located, for the use and benefit of the owner of the vehicle.
3 (i) The person that holds the first lien of record may deduct and
4 retain the amount of the lien of record from the surplus purchase price
5 transferred to the person under subsection (h). After deducting the
6 amount of the lien of record from the surplus purchase price transferred
7 to the person under subsection (h), the person that holds the first lien
8 of record shall pay any remaining surplus to the owner of the vehicle,
9 if the owner's address or whereabouts are known. If the address or
10 whereabouts of the owner of the vehicle are not known, the surplus of
11 the purchase price shall be sent to:
12 (1) the abandoned vehicle fund of the city, county, or town from
13 which the vehicle was towed, for vehicles subject to IC 9-22-1; or
14 (2) the clerk of the courts for all other vehicles, in the jurisdiction
15 in which the business of the person that holds the mechanic's lien
16 is located, for the use and benefit of the owner of the vehicle.
17 (j) A person that holds a mechanic's lien under this section shall
18 execute and deliver to the purchaser of a vehicle under this section or
19 under IC 9-22-1-21.5 a sales certificate in the form designated by the
20 bureau, setting forth the following information:
21 (1) The facts of the sale.
22 (2) The vehicle identification number.
23 (3) The certificate of title if available.
24 (4) A certification from the newspaper showing that the
25 advertisement was made as required under subsection (d).
26 (5) Any other information that the bureau requires.
27 Whenever the bureau receives from the purchaser an application for
28 certificate of title accompanied by these items, the bureau shall issue
29 a certificate of title for the vehicle under IC 9-17.
30 (k) A person that violates this section commits a Class A infraction.
31 SECTION 25. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
32 SECTION 424, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
34 driver's license or learner's permit or grant driving privileges to the
35 following individuals:
36 (1) An individual whose driving privileges have been suspended,
37 during the period for which the driving privileges are suspended,
38 or to an individual whose driver's license has been revoked, until
39 the time the bureau is authorized under Indiana law to issue the
40 individual a new driver's license.
41 (2) An individual whose learner's permit has been suspended or
42 revoked until the time the bureau is authorized under Indiana law
HB 1167—LS 7095/DI 139 19
1 to issue the individual a new learner's permit.
2 (3) An individual who, in the opinion of the bureau, is afflicted
3 with or suffering from a physical or mental disability or disease
4 that prevents the individual from exercising reasonable and
5 ordinary control over a motor vehicle while operating the motor
6 vehicle on a highway.
7 (4) An individual who is unable to understand highway warnings
8 or direction signs written in the English language.
9 (5) An individual who is required under this article to take an
10 examination unless:
11 (A) the individual successfully passes the examination; or
12 (B) the bureau waives the examination requirement.
13 (6) An individual who is required under IC 9-25 or any other
14 statute to deposit or provide proof of financial responsibility and
15 who has not deposited or provided that proof.
16 (7) An individual when the bureau has good cause to believe that
17 the operation of a motor vehicle on a highway by the individual
18 would be inimical to public safety or welfare.
19 (8) An individual who is the subject of an order issued by:
20 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
21 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
22 (B) the Title IV-D agency;
23 ordering that a driver's license or permit not be issued to the
24 individual.
25 (9) An individual who has not presented valid documentary
26 evidence to the bureau of the individual's legal status in the
27 United States, as required by IC 9-24-9-2.5.
28 (10) An individual who does not otherwise satisfy the
29 requirements of this article.
30 (b) An individual subject to epileptic seizures may not be denied a
31 driver's license or permit under this section if the individual presents
32 a statement from a licensed physician or an advanced practice
33 registered nurse, on a form prescribed by the bureau, that the
34 individual is under medication and is free from seizures while under
35 medication.
36 SECTION 26. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
37 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 3.5. (a) If a valid computerized image or digital
39 photograph of an individual exists within the records of the
40 bureau, an individual may apply for a replacement driver's license or
41 learner's permit by electronic service. subject to the following
42 conditions:
HB 1167—LS 7095/DI 139 20
1 (1) A valid computerized image or digital photograph of the
2 individual must exist within the records of the bureau.
3 (2) The individual must be a citizen of the United States, as
4 shown in the records of the bureau.
5 (b) An individual applying for a replacement of a driver's license or
6 a learner's permit must apply in person at a license branch if the
7 individual is not entitled to apply by mail or by electronic service under
8 subsection (a).
9 SECTION 27. IC 9-30-3-8.5, AS ADDED BY P.L.86-2021,
10 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 8.5. (a) Upon receipt by the bureau of a notice of
12 suspension for failure to satisfy a judgment under section 8 of this
13 chapter, the bureau shall send a request for proof of future financial
14 responsibility to the person.
15 (b) During the three (3) years following a suspension under section
16 8 of this chapter, the person's driving privileges remain suspended
17 unless the person:
18 (1) satisfies the judgment; or
19 (2) provides proof of future financial responsibility under IC 9-25.
20 (c) Upon receipt of proof of future financial responsibility, the
21 bureau shall stay a suspension under section 8 of this chapter.
22 (d) If at any time during the three (3) years following a suspension
23 under section 8 of this chapter, a person:
24 (1) has provided proof of future financial responsibility under
25 IC 9-25; and
26 (2) fails to maintain proof of future financial responsibility;
27 the bureau shall suspend the person's driving privileges until the person
28 provides proof of future financial responsibility under IC 9-25 or the
29 suspension is terminated by the bureau.
30 (e) The bureau shall waive reinstatement fees for a suspension under
31 section 8 of this chapter if the person:
32 (1) satisfies the judgment; or
33 (2) maintains proof of financial responsibility for three (3) years.
34 (f) For a suspension for failure to satisfy a judgment under
35 section 8 of this chapter imposed before December 31, 2021, the
36 suspension terminates on December 31, 2024.
37 SECTION 28. IC 9-32-5-6, AS AMENDED BY P.L.198-2016,
38 SECTION 625, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If a dealer purchases or
40 acquires ownership of a motor vehicle in a state that does not have a
41 certificate of title law, the dealer shall apply for an Indiana certificate
42 of title for the motor vehicle not more than forty-five (45) days after the
HB 1167—LS 7095/DI 139 21
1 date of purchase or the date ownership of the motor vehicle was
2 acquired.
3 (b) The bureau shall collect an administrative penalty as provided
4 in IC 9-17-2-14.7 if a dealer fails to apply for a certificate of title for a
5 motor vehicle as described in subsection (a).
6 SECTION 29. IC 9-32-11-20, AS AMENDED BY P.L.245-2019,
7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 20. (a) This section does not apply to:
9 (1) a manufacturer of a trailer or semitrailer; or
10 (2) a manufacturer that produces fewer than one thousand (1,000)
11 units per year.
12 (b) Except as provided in subsection (d) or under
13 IC 9-32-13-23(a)(3), a manufacturer or distributor may not sell or
14 offer to sell, directly or indirectly, a new motor vehicle to the
15 general public in Indiana except through a new motor vehicle
16 dealer holding a franchise for the line make covering the new
17 motor vehicle. This subsection does not apply to the sales of new
18 motor vehicles by a manufacturer or franchisor to:
19 (1) the federal government;
20 (2) a charitable organization; or
21 (3) an employee of the manufacturer or distributor.
22 (b) (c) Except as provided in subsection (c), (d), a manufacturer or
23 distributor may not engage in sales directly to the general public in
24 Indiana.
25 (c) (d) A manufacturer or distributor may engage in sales directly
26 to the general public in Indiana only if:
27 (1) the manufacturer or distributor was granted an initial license
28 to sell new motor vehicles before July 1, 2015; and
29 (2) the manufacturer or distributor establishes at least one (1)
30 physical location in Indiana that is a warranty repair service
31 center before January 1, 2018.
32 (d) (e) A manufacturer or distributor described in subsection (c) (d)
33 must stop engaging in sales directly to the general public in Indiana if
34 the manufacturer or distributor sells, transfers, or conveys a majority
35 interest in the manufacturer or distributor to another person that is
36 required to be licensed under this chapter.
37 (e) For purposes of this subsection, "subscription program" means
38 a subscription service that, for a recurring fee and for a limited period
39 of time, allows a participating person exclusive use of a motor vehicle
40 owned by an entity that controls or contracts with the subscription
41 service. The term does not include leases, short term motor vehicle
42 rentals, or services that allow short term sharing of a motor vehicle.
HB 1167—LS 7095/DI 139 22
1 Subscription programs are prohibited in Indiana. This subsection
2 expires on May 1, 2020.
HB 1167—LS 7095/DI 139 23
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred House Bill 1167, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 14, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 21. IC 9-21-8-47, AS AMENDED BY P.L.210-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 47. (a) The following vehicles must be moved or
operated so as to avoid any material damage to the highway or
unreasonable interference with other highway traffic:
(1) Machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation,
counties, or municipalities.
(2) Farm drainage machinery.
(3) Implements of agriculture.
(4) Firefighting apparatus owned or operated by a political
subdivision or a volunteer fire department (as defined in
IC 36-8-12-2).
(5) Farm vehicles loaded with farm products.
(b) For purposes of this section, interference with other highway
traffic is considered unreasonable if the interference occurs for
more than ten (10) consecutive minutes.".
Page 16, after line 26, begin a new paragraph and insert:
"SECTION 25. IC 9-32-11-20, AS AMENDED BY P.L.245-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 20. (a) This section does not apply to:
(1) a manufacturer of a trailer or semitrailer; or
(2) a manufacturer that produces fewer than one thousand (1,000)
units per year.
(b) Except as provided in subsection (d), a manufacturer or
distributor may not sell or offer to sell, directly or indirectly, a new
motor vehicle to the general public in Indiana except through a
new motor vehicle dealer holding a franchise for the line make
covering the new motor vehicle. This subsection does not apply to
the sales of new motor vehicles by a manufacturer or franchisor to:
(1) the federal government;
(2) a charitable organization;
(3) an employee of the manufacturer or distributor; or
(4) a manufacturer or distributor under IC 9-32-13-23(a)(3).
(b) (c) Except as provided in subsection (c), (d), a manufacturer or
distributor may not engage in sales directly to the general public in
HB 1167—LS 7095/DI 139 24
Indiana.
(c) (d) A manufacturer or distributor may engage in sales directly
to the general public in Indiana only if:
(1) the manufacturer or distributor was granted an initial license
to sell new motor vehicles before July 1, 2015; and
(2) the manufacturer or distributor establishes at least one (1)
physical location in Indiana that is a warranty repair service
center before January 1, 2018.
(d) (e) A manufacturer or distributor described in subsection (c) (d)
must stop engaging in sales directly to the general public in Indiana if
the manufacturer or distributor sells, transfers, or conveys a majority
interest in the manufacturer or distributor to another person that is
required to be licensed under this chapter.
(e) For purposes of this subsection, "subscription program" means
a subscription service that, for a recurring fee and for a limited period
of time, allows a participating person exclusive use of a motor vehicle
owned by an entity that controls or contracts with the subscription
service. The term does not include leases, short term motor vehicle
rentals, or services that allow short term sharing of a motor vehicle.
Subscription programs are prohibited in Indiana. This subsection
expires on May 1, 2020.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1167 as introduced.)
PRESSEL
Committee Vote: yeas 11, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1167 be amended to read as
follows:
Page 14, line 24, after "minutes." insert "This subsection does not
apply to a vehicle in subsection (a)(1) or (a)(4).".
Page 15, line 7, reset in roman "or a certificate of mailing".
Page 15, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 23. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
SECTION 408, IS AMENDED TO READ AS FOLLOWS
HB 1167—LS 7095/DI 139 25
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The application required
under section 2 of this chapter shall be made in a manner prescribed by
the bureau and filed with the bureau.
(b) The application required by section 2 of this chapter must
include the following:
(1) The name and address of the applicant.
(2) The year, make, model, and vehicle identification number of
the vehicle, if ascertainable, together with any other identifying
features.
(3) A concise statement of the facts surrounding the abandonment
of the vehicle, that the title of the vehicle is faulty, lost, or
destroyed, or the reasons for disposal of the vehicle.
(4) An affidavit executed by the applicant stating that the facts
alleged in the application are true and that no material fact has
been withheld.
(c) The bureau shall issue a certificate of authority if:
(1) the bureau determines that the application satisfies the
requirements of this chapter; and
(2) the applicant pays a fee of four dollars ($4) for each certificate
of authority.
The fee under subdivision (2) shall be deposited in the motor vehicle
highway account.
(d) The bureau shall process an electronic application for a
certificate of authority not more than five (5) business days after
the submission of the application if the application meets the
requirements under section 2 of this chapter or under this section.
(d) (e) A certificate of authority issued under this chapter must
contain the following information:
(1) The name and address of the person that filed the application
required under section 2 of this chapter.
(2) The year, make, model, and vehicle identification number, if
ascertainable, together with any other identifying features of the
vehicle that has been authorized to be sold for scrap metal.".
Page 16, between lines 32 and 33, begin a new paragraph and insert:
"SECTION 26. IC 9-30-3-8.5, AS ADDED BY P.L.86-2021,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8.5. (a) Upon receipt by the bureau of a notice of
suspension for failure to satisfy a judgment under section 8 of this
chapter, the bureau shall send a request for proof of future financial
responsibility to the person.
(b) During the three (3) years following a suspension under section
8 of this chapter, the person's driving privileges remain suspended
HB 1167—LS 7095/DI 139 26
unless the person:
(1) satisfies the judgment; or
(2) provides proof of future financial responsibility under IC 9-25.
(c) Upon receipt of proof of future financial responsibility, the
bureau shall stay a suspension under section 8 of this chapter.
(d) If at any time during the three (3) years following a suspension
under section 8 of this chapter, a person:
(1) has provided proof of future financial responsibility under
IC 9-25; and
(2) fails to maintain proof of future financial responsibility;
the bureau shall suspend the person's driving privileges until the person
provides proof of future financial responsibility under IC 9-25 or the
suspension is terminated by the bureau.
(e) The bureau shall waive reinstatement fees for a suspension under
section 8 of this chapter if the person:
(1) satisfies the judgment; or
(2) maintains proof of financial responsibility for three (3) years.
(f) For a suspension for failure to satisfy a judgment under
section 8 of this chapter imposed before December 31, 2021, the
suspension terminates on December 31, 2024.".
Page 17, line 8, after "(d)" insert "or under IC 9-32-13-23(a)(3)".
Page 17, line 15, after "organization;" insert "or".
Page 17, line 16, delete "distributor; or" and insert "distributor.".
Page 17, delete line 17.
Renumber all SECTIONS consecutively.
(Reference is to HB 1167 as printed January 13, 2022.)
PRESSEL
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1167 be amended to read as
follows:
Page 15, line 7, reset in roman "or a certificate of mailing".
Page 15, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 23. IC 9-22-6-2, AS AMENDED BY P.L.157-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) A person that performs labor, furnishes
materials or storage, or does repair work on a vehicle at the request of
HB 1167—LS 7095/DI 139 27
the owner of the vehicle has a mechanic's lien on the vehicle for the
reasonable value of the charges for the labor, materials, storage, or
repairs.
(b) A person that provides towing services for a vehicle at the
request of the owner of the vehicle has a mechanic's lien on the vehicle
for the reasonable value of the charges for the towing services and
other related costs.
(c) A person that has a mechanic's lien on a vehicle under
subsection (a) or (b) may advertise the vehicle for sale if the person
followed the procedures described in IC 9-22-1-19 and if:
(1) the charges made under subsection (a) or (b) are not paid; and
(2) the vehicle is not claimed;
within thirty (30) days after the date on which the vehicle is left in or
comes into the possession of the person for repairs, storage, towing, or
the furnishing of materials. The vehicle may not be sold until the later
of fifteen (15) days after the date the advertisement required by
subsection (d) has been placed or fifteen (15) days after notice required
by subsection (e) has been sent.
(d) Before a vehicle may be sold under subsection (c) or under
IC 9-22-1-21.5, an advertisement must be placed in a newspaper that
is printed in English and of general circulation in the city or town in
which the lienholder's place of business is located. If the lienholder is
located outside the corporate limits of a city or a town, the
advertisement must be placed in a newspaper of general circulation in
the county in which the place of business of the lienholder is located.
The advertisement must contain at least the following information:
(1) A description of the vehicle, including make, year, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person that holds the mechanic's lien under this section or under
IC 9-22-1-21.5(c) must notify the owner of the vehicle and any other
person that holds a lien of record, as indicated on the certificate of title
of the vehicle or discovered as a result of the search described in
IC 9-22-1-19, by certified mail, return receipt requested, at the last
known address of the owner or person, as applicable, that the vehicle
will be sold at public auction on a specified date to satisfy the
mechanic's lien imposed by this section. If the person who holds the
mechanic's lien has proof that the notice was mailed to the owner of the
vehicle and any person who holds a lien of record in accordance
with this subsection, actual receipt of the notice by the owner of the
HB 1167—LS 7095/DI 139 28
vehicle is not required. Actual receipt of the notice by any other person
that holds a lien of record is required unless a properly addressed
notice is refused by the addressee or is otherwise returned to the sender
as undeliverable.
(f) A person that holds a mechanic's lien of record on a vehicle
subject to sale under this section or under IC 9-22-1-21.5 may pay the
storage, repair, towing, or service charges due. If the person that holds
the mechanic's lien of record elects to pay the charges due, the person
is entitled to possession of the vehicle and becomes the holder of the
mechanic's lien imposed by this section.
(g) If the person that owns a vehicle or the lienholder of a vehicle
subject to sale under this section or under IC 9-22-1-21.5 does not
claim the vehicle and satisfy the mechanic's lien on the vehicle, the
vehicle may be sold at public sale or public auction to the highest and
best bidder. A person that holds a mechanic's lien under this section
may purchase a vehicle subject to sale under this section.
(h) A person that holds a mechanic's lien under this section or under
IC 9-22-1-21.5 may deduct and retain the amount of the mechanic's
lien, the sale disposal costs, and the cost of the advertisement required
under subsection (d) from the purchase price received for a vehicle sold
under this section. After deducting from the purchase price the amount
of the mechanic's lien, the sale disposal costs, and the cost of the
advertisement, the person shall pay the surplus of the purchase price to
the person that holds the first lien of record, as indicated on the
certificate of title, of the vehicle. If there is no lien of record, the person
shall pay the surplus of the purchase price to the owner of the vehicle,
if the owner's address or whereabouts are known. If the address or
whereabouts are not known and there is no lien of record, the surplus
of the purchase price shall be sent to:
(1) the abandoned vehicle fund of the city, county, or town from
which the vehicle was towed, for vehicles subject to IC 9-22-1; or
(2) the clerk of courts, for all other vehicles, in the jurisdiction in
which the business of the person that holds the mechanic's lien is
located, for the use and benefit of the owner of the vehicle.
(i) The person that holds the first lien of record may deduct and
retain the amount of the lien of record from the surplus purchase price
transferred to the person under subsection (h). After deducting the
amount of the lien of record from the surplus purchase price transferred
to the person under subsection (h), the person that holds the first lien
of record shall pay any remaining surplus to the owner of the vehicle,
if the owner's address or whereabouts are known. If the address or
whereabouts of the owner of the vehicle are not known, the surplus of
HB 1167—LS 7095/DI 139 29
the purchase price shall be sent to:
(1) the abandoned vehicle fund of the city, county, or town from
which the vehicle was towed, for vehicles subject to IC 9-22-1; or
(2) the clerk of the courts for all other vehicles, in the jurisdiction
in which the business of the person that holds the mechanic's lien
is located, for the use and benefit of the owner of the vehicle.
(j) A person that holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section or
under IC 9-22-1-21.5 a sales certificate in the form designated by the
bureau, setting forth the following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certification from the newspaper showing that the
advertisement was made as required under subsection (d).
(5) Any other information that the bureau requires.
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17.
(k) A person that violates this section commits a Class A
infraction.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1167 as printed January 13, 2022.)
AUSTIN
HB 1167—LS 7095/DI 139