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 ENROLLED ACT No. 1167
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-1.1-7-10, AS AMENDED BY P.L.235-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) This section does not apply to a mobile
home that is offered for sale at auction under IC 9-22-1.5, IC 9-22-1.7,
or IC 6-1.1-23.5 for the transfer resulting from the auction.
(b) As used in this section, "official seal" has the meaning set
forth in IC 33-42-0.5-21.
(b) (c) A mobile home may not be moved from one (1) location to
another unless the owner or the owner's agent obtains a permit to move
the mobile home from the county treasurer.
(c) (d) The bureau of motor vehicles may not:
(1) transfer the title to a mobile home; or
(2) change names in any manner on the title to a mobile home;
unless the owner or the owner's agent holds a valid permit to transfer
the title that was issued by the county treasurer and includes the county
treasurer's embossed official seal.
(d) (e) A county treasurer shall issue a permit which is required to
either move, or transfer the title to, a mobile home if the taxes, special
assessments, interest, penalties, judgments, and costs that are due and
payable on the mobile home have been paid and the person requesting
the permit has a state issued title, a court order, or a bureau of motor
vehicles affidavit of sale or disposal. The county treasurer shall issue
the permit not later than two (2) business days (excluding weekends
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and holidays) after the date the completed permit application is
received by the county treasurer. The permit shall state the date it is
issued.
(e) (f) After issuing a permit to move a mobile home under
subsection (d), (e), a county treasurer shall notify the township assessor
of the township to which the mobile home will be moved, or the county
assessor if there is no township assessor for the township, that the
permit to move the mobile home has been issued.
(f) (g) A permit to move, or transfer title to, a mobile home that is
issued under this section expires ninety (90) days after the date the
permit is issued. The permit is invalid after the permit expires. If the
owner wishes to move, or transfer title to, the mobile home after the
permit has expired, the owner or the owner's agent must obtain a new
permit under this section.
(g) (h) A county treasurer is not liable for the county treasurer's
good faith efforts to collect taxes that are due and payable for a mobile
home. Good faith efforts include the refusal to issue a permit under
subsection (d) (e) until all property taxes that are due and payable for
a mobile home are paid to the county treasurer.
SECTION 2. IC 6-1.1-7-10.4, AS AMENDED BY P.L.198-2016,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10.4. (a) This section does not apply to a mobile
home that is offered for sale at auction under IC 9-22-1.5 or
IC 9-22-1.7 for the transfer resulting from the auction.
(b) The owner of a mobile home who sells the mobile home to
another person shall provide the purchaser with the permit required by
section 10(c) 10(d) of this chapter before the sale is consummated.
SECTION 3. IC 8-2.1-24-18, AS AMENDED BY P.L.198-2016,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through
387, 390 through 393, and 395 through 398 are incorporated into
Indiana law by reference, and, except as provided in subsections (d),
(e), (f), (g), and (j), must be complied with by an interstate and
intrastate motor carrier of persons or property throughout Indiana.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle
operated in intrastate construction or construction related service, or
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the restoration of public utility services interrupted by an emergency.
Except as provided in subsection (i) and (j):
(1) intrastate motor carriers not operating under authority issued
by the United States Department of Transportation shall comply
with the requirements of 49 CFR 390.21(b)(3) by registering with
the department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of
state revenue preceded by the letters "IN"; and
(2) all other requirements of 49 CFR 390.21 apply equally to
interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, are incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
Maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the United States Department of Transportation;
and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
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course of instruction approved by the United States
Department of Transportation; and
(B) maintains an acceptable competency level as established
by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the books,
accounts, papers, records, memoranda, equipment, and premises of any
carrier, including a carrier exempt under section 3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor
vehicle intrastate incidentally to the person's normal employment duties
and who is not employed to operate a motor vehicle for hire is exempt
from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
person at least eighteen (18) years of age and less than twenty-one (21)
years of age may be employed as a driver to operate a commercial
motor vehicle intrastate. However, a person employed under this
subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions
of 49 CFR do not apply to private carriers of property operated only in
intrastate commerce or any carriers of property operated only in
intrastate commerce while employed in construction or construction
related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
a driver who has been diagnosed as an insulin dependent diabetic,
if the driver has applied for and been granted an intrastate
medical waiver by the bureau of motor vehicles pursuant to this
subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist, or the driver's treating physician, or the
driver's treating advanced practice registered nurse attesting
that the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any
additional disqualifying condition results from the diabetic
condition, and is not likely to suffer any diminution in driving
ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's, or treating
physician's, or treating advanced practice registered
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nurse's knowledge, has carried a source of rapidly absorbable
glucose at all times while driving a motor vehicle, has self
monitored blood glucose levels one (1) hour before driving
and at least once every four (4) hours while driving or on duty
before driving using a portable glucose monitoring device
equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist, or treating physician, or
treating advanced practice registered nurse at the time of
the annual medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist, or treating physician,
or treating advanced practice registered nurse with the bureau
of motor vehicles for review by the driver licensing medical
advisory board established under IC 9-14-11. A copy of the
annual statement shall also be provided to the driver's employer
for retention in the driver's qualification file, and a copy shall be
retained and held by the driver while driving for presentation to
an authorized federal, state, or local law enforcement official.
Notwithstanding the requirements of this subdivision, the
endocrinologist, the treating physician, the treating advanced
practice registered nurse, the advisory board of the bureau of
motor vehicles, or the bureau of motor vehicles may, where
medical indications warrant, establish a short period for the
medical examinations required under this subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
season" refers to the period between January 1 and December 31 of
each year. The intrastate commerce exception set forth in 49 CFR
395.1(k), as it applies to the transportation of agricultural commodities
and farm supplies, is restricted to single vehicles and cargo tank motor
vehicles with a capacity of not more than five thousand four hundred
(5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
motor carrier or a guest operator not engaged in interstate commerce
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and operating a motor vehicle as a farm vehicle in connection with
agricultural pursuits usual and normal to the user's farming operation
or for personal purposes unless the vehicle is operated either part time
or incidentally in the conduct of a commercial enterprise.
(j) This section does not apply to private carriers that operate using
only the type of motor vehicles specified in IC 8-2.1-24-3(6).
(k) The superintendent of state police may adopt rules under
IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
reference under this section.
SECTION 4. IC 9-14-10-1, AS AMENDED BY P.L.257-2017,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. The commission board shall do the following:
(1) Recommend legislation needed to operate the license
branches.
(2) Recommend rules needed to operate the license branches.
(3) Review budget proposals for the commission and the license
branches operated under IC 9-14.1, including the budget required
by IC 9-14.1-5-4 and IC 9-14.1-5-5.
(4) Establish the determination criteria and determine the number
and location of license branches to be operated under IC 9-14.1.
(5) Establish and adopt minimum standards for the operation and
maintenance of each physical or virtual location at which services
are provided by a full service provider or partial services provider
under IC 9-14.1.
(6) Administer the commission fund established under
IC 9-14-14-1.
(7) Establish and maintain an audit working group composed
of two (2) board members of the commission, excluding the
commissioner, who are selected by and may be dismissed by
the commissioner. A meeting of the audit working group is
not subject to IC 5-14-1.5.
(8) Approve an internal audit charter and an audit plan at
least one (1) time each year.
SECTION 5. IC 9-14.1-5-1, AS ADDED BY P.L.198-2016,
SECTION 195, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state board of accounts
bureau shall conduct an audit each account of each license branch
operated under this article.
(b) Each audit must be
(1) completed not more than ninety (90) days after
commencement of the audit; and
(2) filed with the legislative services agency in an electronic
format under IC 5-14-6 not more than thirty (30) days after
completion of the audit. conducted as determined by an annual
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risk assessment and an audit plan.
(c) An audit prepared under this section is a public record.
(d) Notwithstanding the audit performed under subsection (a),
the state board of accounts may examine an account of a license
branch operated under this article.
SECTION 6. IC 9-17-5-6, AS ADDED BY P.L.81-2021, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 6. (a) As used in this section, "qualified service
provider" means a person able to provide electronic lien or electronic
title services in coordination with vehicle lienholders and state
departments of motor vehicles.
(b) As used in this section, "qualified vendor" refers to a person with
whom the bureau contracts to:
(1) develop;
(2) implement; and
(3) provide ongoing support with respect to;
a statewide electronic lien and title system under this section.
(c) As used in this section, "statewide electronic lien and title
system" or "system" means a statewide electronic lien and title system
implemented by the bureau under this section to process:
(1) vehicle titles;
(2) certificate of title data in which a lien is notated; and
(3) the notification, maintenance, and release of security interests
in vehicles;
through electronic means instead of paper documents.
(d) Not later than the dates set forth in subsection (h), the bureau
shall implement a statewide electronic lien and title system for the
following purposes:
(1) To facilitate and promote commerce and governmental
transactions by validating and authorizing the use of electronic
records.
(2) To modernize the law and eliminate barriers to electronic
commerce and governmental transactions resulting from
uncertainties related to handwritten and other written materials.
(3) To promote uniformity of the law among the states relating to
the use of electronic and similar technological means of effecting
and performing commercial and governmental transactions.
(4) To promote public confidence in the validity, integrity, and
reliability of electronic commerce and governmental transactions.
(5) To promote the development of the legal and business
infrastructure necessary to implement electronic commerce and
governmental transactions.
(e) The bureau may:
(1) contract with one (1) or more qualified vendors to develop and
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implement a statewide electronic lien and title system; or
(2) develop and make available to qualified service providers a
well defined set of information services that will enable secure
access to the data and internal application components necessary
to facilitate the creation of a statewide electronic lien and title
system.
(f) If the bureau elects under subsection (e)(1) to contract with one
(1) or more qualified vendors to develop and implement a statewide
electronic lien and title system, the following apply:
(1) The bureau shall issue a competitive request for proposals to
assess the qualifications of any vendor seeking to develop,
implement, and provide ongoing support for the system. The
bureau may reserve the right to receive input concerning
specifications for the establishment and operation of the system
from parties that do not respond to the bureau's request for
proposals.
(2) A contract entered into between the bureau and a qualified
vendor may not provide for any costs or charges payable by the
bureau to the qualified vendor. The qualified vendor shall
reimburse the bureau for any reasonable and documented costs
incurred by the bureau and directly associated with the
development, implementation, or ongoing support of the system.
(3) Upon implementing a statewide electronic lien and title
system under this section, the qualified vendor may charge
participating lienholders or their agents a fee for each lien
notification transaction provided through the system, in order to
recover the qualified vendor's costs associated with the
development, implementation, and ongoing administration of the
system. A lien notification fee under this subdivision must be
consistent with market pricing and may not exceed three dollars
and fifty cents ($3.50). The qualified vendor may not charge
lienholders or their agents any additional fee for lien releases,
assignments, or transfers. The qualified vendor may not charge a
fee under this subdivision to a state agency or its agents for lien
notification, lien release, lien assignment, or lien transfer. To
recover their costs associated with the lien, participating
lienholders or their agents may charge:
(A) the borrower in a vehicle loan; or
(B) the lessee in a vehicle lease;
an amount equal to any lien notification fee imposed by the
qualified vendor under this subdivision, plus a fee in an amount
not to exceed three dollars ($3) for each electronic transaction in
which a lien is notated.
(4) A qualified vendor may also serve as a qualified service
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provider to motor vehicle lienholders if the following conditions
are met:
(A) The contract between the bureau and the qualified vendor
must include provisions specifically prohibiting the qualified
vendor from using information concerning vehicle titles for
any commercial, marketing, business, or other purpose not
specifically contemplated by this chapter.
(B) The contract between the bureau and the qualified vendor
must include an acknowledgment by the qualified vendor that
the qualified vendor is required to enter into agreements to
exchange electronic lien data with any:
(i) qualified service providers that offer electronic lien or
title services in Indiana and that have been approved by the
bureau for participation in the system; and
(ii) qualified service providers that are not qualified vendors.
(C) The bureau must periodically monitor the fees charged by
a qualified vendor that also:
(i) serves as a qualified service provider to lienholders; or
(ii) provides services as a qualified vendor to other qualified
service providers;
to ensure that the qualified vendor is not engaging in predatory
pricing.
(g) If the bureau elects under subsection (e)(2) to develop an
interface to provide qualified service providers secure access to data to
facilitate the creation of a statewide electronic lien and title system, the
following apply:
(1) The bureau shall establish:
(A) the total cost to develop the statewide electronic lien and
title system by July 1, 2021; 2022;
(B) qualifications for third party service providers offering
electronic lien services; and
(C) a qualification process to:
(i) evaluate electronic lien and title system technologies
developed by third party service providers; and
(ii) determine whether such technologies comply with
defined security and platform standards.
(2) Not later than February July 1, 2022, the bureau shall publish
on the bureau's Internet web site the qualifications established by
the bureau under subdivision (1). A third party service provider
that seeks to become qualified by the bureau under this subsection
must demonstrate the service provider's qualifications, in the form
and manner specified by the bureau, not later than thirty (30) days
after the date of the bureau's publication under this subdivision.
After the elapse of the thirty (30) day period during which third
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party service providers may respond to the bureau's publication
under this subdivision, the bureau shall notify each responding
third party service provider as to:
(A) the total cost to develop the system, as determined by
the bureau under subdivision (1); and
(B) whether the third party service provider has met the
qualifications established by the bureau under subdivision (1)
and is approved to participate in the statewide electronic lien
and title system.
(3) Not later than thirty (30) days after receiving a notice of
approval from the bureau under subdivision (2), each qualified
service provider shall remit to the bureau a payment in an amount
equal to the total development costs of the system divided by the
total number of qualified service providers participating in the
system. notify the bureau of the qualified service provider's
intention to participate in the statewide electronic lien and
title system.
(4) If a third party service provider that did not:
(A) submit proof of its qualifications under subdivision (2); or
(B) pay initial development costs under subdivision (3);
later wishes to participate in the system, the third party service
provider may apply to the bureau to participate in the system. The
bureau shall allow the third party service provider to participate
in the system if the third party service provider meets the
qualifications established by the bureau under subdivision (1) and
pays to the department the third party service provider's
proportional share of the system development costs.
(5) Each qualified service provider shall remit to the bureau, on
a date prescribed by the bureau, an annual fee established by the
bureau and not to exceed three thousand dollars ($3,000), to be
used for the operation and maintenance of the system.
(4) Upon implementing a statewide electronic lien and title
system under this section, the bureau may charge
participating service providers or their agents a fee for each
lien transaction provided through the system in order to
recover the bureau's costs associated with the development,
implementation, and ongoing administration of the system. A
fee under this subdivision must be consistent with market
pricing and may not exceed three dollars and twenty-five
cents ($3.25). A fee collected under this subdivision shall be
deposited in the commission fund. Fees collected by the
bureau for the implementation of a statewide electronic lien
and title system are limited to those contained in this
subdivision. This subdivision expires July 1, 2025.
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(6) (5) A contract entered into between the bureau and a qualified
service provider may not provide for any costs or charges payable
by the bureau to the qualified service provider.
(7) (6) Upon the implementation of a statewide electronic lien and
title system under this section, a qualified service provider may
charge participating lienholders or their agents transaction fees
consistent with market pricing in addition to the fees described
in subdivision (4). A fee under this subdivision may not be
charged to a state agency or its agents for lien notification, lien
release, lien assignment, or lien transfer. To recover their costs
associated with a lien, participating lienholders or their agents
may charge:
(A) the borrower in a vehicle loan; or
(B) the lessee in a vehicle lease;
an amount equal to any fee imposed by a qualified service
provider under this subdivision, plus a fee in an amount not
to exceed three dollars ($3) for each electronic transaction in
which a lien is notated. This subdivision expires July 1, 2025.
(8) (7) The contract between the bureau and a qualified service
provider must include provisions specifically prohibiting the
qualified service provider from using information concerning
vehicle titles for any commercial, marketing, business, or other
purpose not specifically contemplated by this chapter.
(h) Subject to subsection (i), the bureau shall implement, and allow
or require the use of, a statewide electronic lien and title system under
this section as follows:
(1) A statewide electronic lien system that is capable of
processing:
(A) certificate of title data in which a lien is notated; and
(B) the notification, maintenance, and release of security
interests in vehicles;
through electronic means must be made available for voluntary
use by vehicle lienholders not later than February July 1, 2022.
(2) Subject to subsection (j)(5), the bureau shall require that the
statewide electronic lien system made available under subdivision
(1) be used for processing:
(A) certificate of title data in which a lien is notated; and
(B) the notification, maintenance, and release of security
interests in vehicles;
after June 30, 2022. 2023.
(3) A statewide electronic title system capable of processing
vehicle titles through electronic means must be made available for
voluntary use by vehicle dealers, lienholders, and owners not later
than July 1, 2022. 2025.
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(4) The bureau shall require that the statewide electronic title
system made available under subdivision (3) be used for
processing vehicle titles after June 30, 2023. 2026.
(i) Subsection (h) does not prohibit the bureau or any:
(1) qualified vendor with whom the bureau contracts under
subsection (f); or
(2) qualified service provider with whom the bureau contracts
under subsection (g);
from implementing, making available, or requiring the use of a
statewide electronic lien system described in subsection (h)(1) at the
same time as, or in conjunction with, a statewide electronic title system
described in subsection (h)(3), or from implementing, making
available, or requiring the use of a statewide electronic lien system
described in subsection (h)(1) or a statewide electronic title system
described in subsection (h)(3) before the applicable dates otherwise set
forth in subsection (h).
(j) The following apply to the use of a statewide electronic lien
system described in subsection (h)(1):
(1) Notwithstanding section 5(b) of this chapter, if there are one
(1) or more liens or encumbrances on a motor vehicle, the bureau
may electronically transmit the lien to the first lienholder and
notify the first lienholder of any additional liens. Subsequent lien
satisfactions may be electronically transmitted to the bureau and
must include the name and address of the person satisfying the
lien.
(2) Whenever the electronic transmission of lien notifications and
lien satisfactions is used, a certificate of title need not be issued
until the last lien is satisfied and a clear certificate of title can be
issued to the owner of the motor vehicle. The bureau may print or
issue electronically the clear certificate of title to the owner or
subsequent assignee of the motor vehicle.
(3) If a motor vehicle is subject to an electronic lien, the
certificate of title for the motor vehicle is considered to be
physically held by the lienholder for purposes of compliance with
state or federal odometer disclosure requirements.
(4) A certified copy of the bureau's electronic record of a lien is
admissible in any civil, criminal, or administrative proceeding in
Indiana as evidence of the existence of the lien. If a certificate of
title is maintained electronically in a statewide electronic title
system described in subsection (h)(3), a certified copy of the
bureau's electronic record of the certificate of title is admissible
in any civil, criminal, or administrative proceeding in Indiana as
evidence of the existence and contents of the certificate of title.
(5) All individuals and lienholders who conduct at least twelve
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(12) lien transactions annually must use the statewide electronic
lien and title system implemented under this section to record
information concerning the perfection and release of a security
interest in a vehicle.
(6) An electronic notice or release of a lien made through the
statewide electronic lien and title system implemented under this
section has the same force and effect as a notice or release of a
lien made on a paper document.
(7) The bureau may convert an existing paper lien to an electronic
lien upon request of the primary lienholder. The bureau, or a third
party contracting with the bureau under this section, is authorized
to collect a fee not to exceed three dollars ($3) for each
conversion performed under this subdivision. A fee under this
subdivision may not be charged to a state agency or its agents.
(8) Notwithstanding section 5 of this chapter, any requirement
that a security interest or other information appear on a certificate
of title is satisfied by the inclusion of that information in an
electronic file maintained in an electronic title system.
(k) Nothing in this section precludes the bureau from collecting a
title fee for the preparation and issuance of a title.
(l) The bureau may adopt rules under IC 4-22-2 to implement this
section, including emergency rules in the manner provided by
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
adopted by the bureau under this subsection and in the manner
provided by IC 4-22-2-37.1 expires on the date on which a rule that
supersedes the emergency rule is adopted by the bureau under
IC 4-22-2-24 through IC 4-22-2-36.
SECTION 7. IC 9-18.5-2-1, AS AMENDED BY P.L.29-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) A person may apply to the bureau for a
personalized license plate to display on the person's vehicle.
(b) The following license plates may be designed as a personalized
license plate under this chapter:
(1) IC 9-18.5-4 (prisoner of war license plates).
(2) IC 9-18.5-5 (disabled Hoosier veteran license plates).
(3) IC 9-18.5-6 (Purple Heart license plates).
(4) IC 9-18.5-7 (National Guard license plates).
(5) IC 9-18.5-8 (license plates for persons with disabilities).
(6) IC 9-18.5-9 (amateur radio operator license plates).
(7) IC 9-18.5-10 (civic event license plates).
(8) IC 9-18.5-11 (In God We Trust license plates).
(9) IC 9-18.5-12 (special group recognition license plates).
(10) IC 9-18.5-13 (environmental license plates).
(11) IC 9-18.5-14 (kids first trust license plates).
HEA 1167 — Concur 14
(12) IC 9-18.5-15 (education license plates).
(13) IC 9-18.5-16 (Indiana FFA trust license plates).
(14) IC 9-18.5-17 (Indiana firefighter license plates).
(15) IC 9-18.5-18 (Indiana boy scouts trust license plates).
(16) IC 9-18.5-19 (D.A.R.E. Indiana trust license plates).
(17) IC 9-18.5-20 (Indiana arts trust license plates).
(18) IC 9-18.5-21 (Indiana health trust license plates).
(19) IC 9-18.5-22 (Indiana Native American trust license plates).
(20) IC 9-18.5-24 (Pearl Harbor survivor license plates).
(21) IC 9-18.5-25 (Indiana state educational institution trust
license plates).
(22) IC 9-18.5-26 (Lewis and Clark expedition license plates).
(23) IC 9-18.5-27 (Riley Children's Foundation license plates).
(24) IC 9-18.5-28 (National Football League franchised
professional football team license plates).
(25) IC 9-18.5-29 (Hoosier veteran license plates).
(26) IC 9-18.5-30 (support our troops license plates).
(27) IC 9-18.5-31 (Abraham Lincoln's boyhood home license
plates).
(28) IC 9-18.5-32 (Earlham College Trust license plates).
(29) (28) IC 9-18.5-33 (Indiana Gold Star family member license
plates).
(30) (29) IC 9-18.5-35 (Armed Forces Expeditionary Medal
license plates).
(31) (30) A license plate issued under IC 9-18 (before its
expiration) or IC 9-18.1.
SECTION 8. IC 9-18.5-12-13, AS AMENDED BY P.L.178-2019,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) In order to continue participation in the
special group recognition license plate program, a special group must:
(1) sell at least five hundred (500) special group recognition
license plates of the special group in the first two (2) years in
which the license plate is offered for sale; and
(2) maintain the sale or renewal of at least five hundred (500)
special group recognition license plates during each subsequent
year after the initial two (2) year period of sale.
(b) If the special group fails to sell or renew special group
recognition license plates in the manner provided in subsection (a), the
bureau shall place the issuance of the special group recognition license
plates for the special group on probation for the subsequent year. If, in
that subsequent year on probation, the special group fails to sell or
renew at least five hundred (500) special group recognition license
plates, the bureau shall terminate the participation of the special group
in the special group recognition license plate program. If the special
HEA 1167 — Concur 15
group sells or renews at least five hundred (500) special group
recognition license plates in the year on probation, the participation of
the special group in the special group recognition license plate program
is continued. A special group shall be afforded only one (1)
probationary period under this subsection.
(c) The bureau may terminate the participation of a special group in
the special group recognition license plate program if the special
group:
(1) ceases operations; or
(2) fails to use the annual fee collected by the bureau in a manner
consistent with the statement submitted by the special group
under section 3(a)(9) of this chapter.
(d) A special group that desires to participate in the special group
recognition license plate program after termination by the bureau under
this section:
(1) must follow the procedure set forth in section 3 of this
chapter; and
(2) may not reapply to participate in the special group
recognition license plate program for at least two (2) years
after termination.
(e) Upon termination under this section of a special group's
participation in the special group recognition license plate program, the
bureau shall distribute any money remaining in the trust fund
established under section 14 of this chapter for the special group to the
state general fund.
SECTION 9. IC 9-18.5-16-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana FFA trust fund
is established.
(b) The treasurer of state shall invest the money in the Indiana FFA
trust fund not currently needed to meet the obligations of the Indiana
FFA trust fund in the same manner as other public trust funds are
invested. Interest that accrues from these investments shall be
deposited in the Indiana FFA trust fund.
(c) The bureau shall administer the Indiana FFA trust fund.
Expenses of administering the Indiana FFA trust fund shall be paid
from money in the Indiana FFA trust fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the fund to the FFA Foundation
that is located within Indiana.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 10. IC 9-18.5-18-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
HEA 1167 — Concur 16
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana boy scouts trust
fund is established.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) The bureau shall administer the fund. Expenses of administering
the fund shall be paid from money in the fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the fund to the organization
established under section 5 of this chapter.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 11. IC 9-18.5-19-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The D.A.R.E. Indiana trust
fund is established.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) The bureau shall administer the fund. Expenses of administering
the fund shall be paid from money in the fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the fund to D.A.R.E. Indiana,
Inc.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 12. IC 9-18.5-20-3, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The fees for an Indiana arts
trust license plate are as follows:
(1) An annual supplemental fee of fifteen dollars ($15) under
IC 9-18.5-12-16.
(2) An annual fee of not more than twenty-five dollars ($25) as
provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
(b) The annual fee referred to in subsection (a)(2) must be collected
by the bureau and deposited in the Indiana arts commission trust fund
established under IC 4-23-2.5-4.
(c) The bureau shall distribute at least one (1) time each month
the money from the Indiana arts commission trust fund collected
under subsection (b).
SECTION 13. IC 9-18.5-21-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
HEA 1167 — Concur 17
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana health trust fund
is established.
(b) The treasurer of state shall invest the money in the Indiana
health trust fund not currently needed to meet the obligations of the
Indiana health trust fund in the same manner as other public trust funds
are invested. Interest that accrues from these investments shall be
deposited in the Indiana health trust fund.
(c) The bureau shall administer the Indiana health trust fund.
Expenses of administering the Indiana health trust fund shall be paid
from money in the Indiana health trust fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the fund to the organization
established under section 5 of this chapter.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 14. IC 9-18.5-22-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana Native American
trust fund is established.
(b) The treasurer of state shall invest the money in the Indiana
Native American trust fund not currently needed to meet the
obligations of the Indiana Native American trust fund in the same
manner as other public trust funds are invested. Interest that accrues
from these investments shall be deposited in the Indiana Native
American trust fund.
(c) The bureau shall administer the Indiana Native American trust
fund. Expenses of administering the Indiana Native American trust
fund shall be paid from money in the Indiana Native American trust
fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the fund to the Native American
Indian affairs commission established under IC 4-23-32.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(f) The Native American Indian affairs commission may use money
received under this section for any lawful purpose of the Native
American Indian affairs commission.
SECTION 15. IC 9-18.5-23-3, AS AMENDED BY P.L.57-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) The fees for a first responder license plate
are as follows:
(1) An annual supplemental fee of fifteen dollars ($15) under
IC 9-18.5-12-16.
(2) An annual fee of not more than twenty-five dollars ($25) as
HEA 1167 — Concur 18
provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
(b) The annual fee referred to in subsection (a)(2) shall be collected
by the bureau and deposited in the fund established under
IC 10-15-3-1.
(c) The bureau shall distribute at least one (1) time each month
the money from the fund collected under subsection (b).
SECTION 16. IC 9-18.5-26-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Lewis and Clark
expedition fund is established.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds are invested. Interest that accrues from
these investments shall be deposited in the fund. Money in the fund is
continuously appropriated for the purposes of this section.
(c) The bureau shall administer the fund. Expenses of administering
the fund shall be paid from money in the fund.
(d) The bureau shall monthly distribute at least one (1) time each
month the money from the fund to the Lewis and Clark expedition
commission established by IC 14-20-15.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 17. IC 9-18.5-28-4, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The fees for a National
Football League franchised football team license plate are as follows:
(1) An annual supplemental fee of ten dollars ($10). The fee shall
be distributed as follows:
(A) Five dollars ($5) to the commission fund.
(B) Five dollars ($5) to the motor vehicle highway account.
(2) An annual fee of twenty dollars ($20) for deposit in the capital
projects fund established by section 5 of this chapter.
(b) The bureau shall distribute at least one (1) time each month
the money from the capital projects fund collected under
subsection (a).
SECTION 18. IC 9-18.5-29-3, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual who registers
a vehicle under this title may apply for and receive a Hoosier veteran
license plate for one (1) or more vehicles upon doing the following:
(1) Completing an application for a Hoosier veteran license plate.
(2) Presenting one (1) of the following to the bureau:
(A) A United States Uniformed Services Retiree Identification
Card.
HEA 1167 — Concur 19
(B) A DD 214 or DD 215 record.
(C) United States military discharge papers.
(D) A current armed forces identification card.
(E) A credential issued to the individual that contains an
indication of veteran status under IC 9-24-11-5.5.
(3) Paying a fee in an amount of fifteen dollars ($15).
(b) The bureau shall distribute at least one (1) time each month the
fee described in subsection (a)(3) to the director of veterans' affairs for
deposit in the military family relief fund established under
IC 10-17-12-8.
SECTION 19. IC 9-18.5-30-2, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2. A person may receive a support
our troops license plate under this chapter upon doing the following:
(1) Completing an application for a support our troops license
plate.
(2) Paying an annual fee of twenty dollars ($20).
The bureau shall distribute at least one (1) time each month the fee
described in subdivision (2) to the director of veterans' affairs for
deposit in the military family relief fund established under
IC 10-17-12-8.
SECTION 20. IC 9-18.5-31-7, AS ADDED BY P.L.198-2016,
SECTION 327, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The Indiana State Museum
Foundation trust fund is established.
(b) The treasurer of state shall invest the money in the Indiana State
Museum Foundation trust fund not currently needed to meet the
obligations of the Indiana State Museum Foundation trust fund in the
same manner as other public funds are invested. Interest that accrues
from these investments shall be deposited in the Indiana State Museum
Foundation trust fund. Money in the Indiana State Museum Foundation
trust fund is continuously appropriated for the purposes of this section.
(c) The bureau shall administer the Indiana State Museum
Foundation trust fund. Expenses of administering the Indiana State
Museum Foundation trust fund shall be paid from money in the fund.
(d) On June 30 of each year, The bureau shall distribute at least one
(1) time each month the money from the Indiana State Museum
Foundation trust fund to the Indiana State Museum Foundation, Inc. for
use concerning the Lincoln collection.
(e) Money in the Indiana State Museum Foundation trust fund at the
end of a state fiscal year does not revert to the state general fund.
SECTION 21. IC 9-18.5-32 IS REPEALED [EFFECTIVE JULY 1,
2022]. (Earlham College Trust License Plates).
SECTION 22. IC 9-21-8-24 IS AMENDED TO READ AS
HEA 1167 — Concur 20
FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 24. (a) A person
may not:
(1) slow down or stop a vehicle;
(2) turn a vehicle from a direct course upon a highway; or
(3) change from one (1) traffic lane to another;
unless the movement can be made with reasonable safety.
(b) Before making a movement described in this section, a person
shall give provide notice of the person's intention by giving:
(1) a clearly audible horn signal by sounding the horn if any
pedestrian may be affected by the movement; and
(2) give an appropriate stop or turn signal in the manner provided
in sections 27 through 28 of this chapter. if any other vehicle may
be affected by the movement.
SECTION 23. IC 9-21-8-25 IS REPEALED [EFFECTIVE
JANUARY 1, 2023]. Sec. 25. A signal of intention to turn right or left
shall be given continuously during not less than the last two hundred
(200) feet traveled by a vehicle before turning or changing lanes. A
vehicle traveling in a speed zone of at least fifty (50) miles per hour
shall give a signal continuously for not less than the last three hundred
(300) feet traveled by the vehicle before turning or changing lanes.
SECTION 24. 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. This subsection does not
apply to a vehicle in subsection (a)(1) or (a)(4).
SECTION 25. IC 9-22-1-19, AS AMENDED BY P.L.281-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 19. (a) Within three (3) business days after
removal of a vehicle to a storage yard or towing service under section
13, 14, 16, or 31 of this chapter or IC 9-22-6, the public agency or
towing service shall conduct a search of the National Motor Vehicle
HEA 1167 — Concur 21
Title Information System or an equivalent and commonly available data
base to attempt to obtain the last state of record of the vehicle in order
to attempt to ascertain the name and address of the person who owns
or holds a lien on the vehicle.
(b) A 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 (3) business days after obtaining the name and address, notify the
person who owns or holds a lien on the vehicle owner of the vehicle
and any lienholder on the vehicle, as indicated by the certificate of
title or discovered by a search under subsection (a), of the
following:
(1) The name, address, and telephone number of the public
agency or towing service.
(2) That storage charges are being accrued and the vehicle is
subject to sale if the vehicle is not claimed and the charges are not
paid.
(3) The earliest possible date and location of the public sale or
auction.
The notice must be made by certified mail or a certificate of mailing or
by means of an electronic service approved by the bureau.
Notwithstanding section 4 of this chapter, a public agency or towing
service that fails to notify the owner of or lienholder on the vehicle as
set forth in this subsection may not collect additional storage costs
incurred after the date of receipt of the name and address obtained.
SECTION 26. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
SECTION 408, IS AMENDED TO READ AS FOLLOWS
[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
HEA 1167 — Concur 22
(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.
SECTION 27. 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
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.
HEA 1167 — Concur 23
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
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
HEA 1167 — Concur 24
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
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.
SECTION 28. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
SECTION 424, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
driver's license or learner's permit or grant driving privileges to the
following individuals:
(1) An individual whose driving privileges have been suspended,
during the period for which the driving privileges are suspended,
or to an individual whose driver's license has been revoked, until
the time the bureau is authorized under Indiana law to issue the
HEA 1167 — Concur 25
individual a new driver's license.
(2) An individual whose learner's permit has been suspended or
revoked until the time the bureau is authorized under Indiana law
to issue the individual a new learner's permit.
(3) An individual who, in the opinion of the bureau, is afflicted
with or suffering from a physical or mental disability or disease
that prevents the individual from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle on a highway.
(4) An individual who is unable to understand highway warnings
or direction signs written in the English language.
(5) An individual who is required under this article to take an
examination unless:
(A) the individual successfully passes the examination; or
(B) the bureau waives the examination requirement.
(6) An individual who is required under IC 9-25 or any other
statute to deposit or provide proof of financial responsibility and
who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe that
the operation of a motor vehicle on a highway by the individual
would be inimical to public safety or welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
(B) the Title IV-D agency;
ordering that a driver's license or permit not be issued to the
individual.
(9) An individual who has not presented valid documentary
evidence to the bureau of the individual's legal status in the
United States, as required by IC 9-24-9-2.5.
(10) An individual who does not otherwise satisfy the
requirements of this article.
(b) An individual subject to epileptic seizures may not be denied a
driver's license or permit under this section if the individual presents
a statement from a licensed physician or an advanced practice
registered nurse, on a form prescribed by the bureau, that the
individual is under medication and is free from seizures while under
medication.
SECTION 29. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.5. (a) If a valid computerized image or digital
photograph of an individual exists within the records of the
bureau, an individual may apply for a replacement driver's license or
learner's permit by electronic service. subject to the following
HEA 1167 — Concur 26
conditions:
(1) A valid computerized image or digital photograph of the
individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(b) An individual applying for a replacement of a driver's license or
a learner's permit must apply in person at a license branch if the
individual is not entitled to apply by mail or by electronic service under
subsection (a).
SECTION 30. 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
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.
SECTION 31. IC 9-30-16-4, AS AMENDED BY P.L.198-2016,
SECTION 609, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) An individual whose driving
privileges have been suspended by the bureau by an administrative
action and not by a court order may petition a court for specialized
driving privileges as described in section 3(b) through 3(d) of this
chapter.
HEA 1167 — Concur 27
(b) A petition filed under this section must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, and address;
(3) state the grounds for relief and the relief sought;
(4) be filed in the appropriate county, as determined under
subsection (d);
(5) be filed in a circuit or superior court; and
(6) be served on the bureau and the prosecuting attorney.
(c) A prosecuting attorney shall appear on behalf of the bureau to
respond to a petition filed under this section.
(d) An individual whose driving privileges are suspended in Indiana
must may file a petition for specialized driving privileges. The petition
must be filed as follows:
(1) Except as provided in subdivision (2), if the individual is an
Indiana resident, in the county in which the individual resides.
(2) If the individual is an Indiana resident and is subject to an
active administrative suspension under this section in addition
to an active court ordered suspension under section 3 or 3.5
of this chapter, in the court that has ordered or imposed a
suspension of the individual's driving privileges.
(2) (3) If the individual was an Indiana resident at the time the
individual's driving privileges were suspended but is currently a
nonresident, in the county in which the individual's most recent
Indiana moving violation judgment was entered against the
individual.
SECTION 32. IC 9-32-5-6, AS AMENDED BY P.L.198-2016,
SECTION 625, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If a dealer purchases or
acquires ownership of a motor vehicle in a state that does not have a
certificate of title law, the dealer shall apply for an Indiana certificate
of title for the motor vehicle not more than forty-five (45) days after the
date of purchase or the date ownership of the motor vehicle was
acquired.
(b) The bureau shall collect an administrative penalty as provided
in IC 9-17-2-14.7 if a dealer fails to apply for a certificate of title for a
motor vehicle as described in subsection (a).
SECTION 33. 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) or under
IC 9-32-13-23(a)(3), a manufacturer or distributor may not sell or
HEA 1167 — Concur 28
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; or
(3) an employee of the manufacturer or distributor.
(b) (c) Except as provided in subsection (c), (d), a manufacturer or
distributor may not engage in sales directly to the general public in
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.
SECTION 34. An emergency is declared for this act.
HEA 1167 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1167 — Concur