IN
Indiana House Bill HB1167

Indiana 2022 Regular Session

Indiana House Bill HB1167 Compare Versions

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1+*EH1167.3*
2+Reprinted
3+March 1, 2022
4+ENGROSSED
5+HOUSE BILL No. 1167
6+_____
7+DIGEST OF HB 1167 (Updated February 28, 2022 3:19 pm - DI 106)
8+Citations Affected: IC 6-1.1; IC 8-2.1; IC 9-14; IC 9-14.1; IC 9-17;
9+IC 9-18.5; IC 9-21; IC 9-22; IC 9-24; IC 9-30; IC 9-32.
10+Synopsis: Bureau of motor vehicles. Allows an advanced practice
11+registered nurse to sign certain health documents concerning driving
12+privileges. Requires the bureau of motor vehicles (bureau) to establish
13+and maintain an audit working group. Provides that meetings of the
14+(Continued next page)
15+Effective: Upon passage; July 1, 2022; January 1, 2023.
16+Pressel, Saunders
17+(SENATE SPONSORS — CRIDER, GARTEN)
18+January 6, 2022, read first time and referred to Committee on Roads and Transportation.
19+January 13, 2022, amended, reported — Do Pass.
20+January 24, 2022, read second time, amended, ordered engrossed.
21+January 25, 2022, engrossed. Read third time, passed. Yeas 81, nays 9.
22+SENATE ACTION
23+February 2, 2022, read first time and referred to Committee on Homeland Security and
24+Transportation.
25+February 15, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
26+Appropriations.
27+February 24, 2022, amended, reported favorably — Do Pass.
28+February 28, 2022, read second time, amended, ordered engrossed.
29+EH 1167—LS 7095/DI 139 Digest Continued
30+audit working group are not subject to open door laws. Provides that
31+the bureau, rather than the state board of accounts, is required to
32+conduct an audit of each license branch. Amends certain dates
33+regarding the statewide electronic lien and title system (system).
34+Removes system provisions concerning qualified service provider
35+payments, participation notification, and annual fees. Provides that the
36+bureau and participating qualified service providers or lienholders may
37+charge certain system fees, but sunsets the provisions on July 1, 2025.
38+mends dates concerning the voluntary or required use of the system.
39+Requires the bureau to distribute at least one time each month the fees
40+collected and deposited from certain special group recognition license
41+plates. Repeals the law providing for the Earlham College trust license
42+plate. Provides that interference with highway traffic is considered
43+unreasonable if the interference occurs for more than 10 consecutive
44+minutes except for: (1) machinery or equipment used in highway
45+construction or maintenance by the Indiana department of
46+transportation, counties, or municipalities; and (2) firefighting
47+apparatus owned or operated by a political subdivision or a volunteer
48+fire department. Provides that a public agency or towing service that
49+obtains the name and address of the owner of or lienholder on a vehicle
50+shall, not later than three business days after obtaining the name and
51+address, notify the owner of the vehicle and any lienholder on the
52+vehicle, as indicated by the certificate of title or as discovered by a
53+search of the National Motor Vehicle Title Information System or an
54+equivalent and commonly available data base. Requires the bureau to
55+process an electronic application for a certificate of authority not more
56+than five business days after the submission of the application if the
57+application meets certain requirements. Provides that an individual is
58+not required to be a citizen of the United States as shown in the records
59+of the bureau to apply for a replacement driver's license or learner's
60+permit by electronic service. Provides that a suspension for failure to
61+satisfy a judgment imposed before December 31, 2021 terminates on
62+December 31, 2024. Removes the requirement that the bureau collect
63+an administrative penalty if a dealer fails to apply for a certificate of
64+title for a motor vehicle that is purchased or acquired in a state that
65+does not have a certificate of title law. Provides that a manufacturer or
66+distributor may not sell or offer to sell, directly or indirectly, a new
67+motor vehicle to the general public in Indiana except through a new
68+motor vehicle dealer holding a franchise for the line make covering the
69+new motor vehicle. Provides that the sales of new motor vehicles by a
70+manufacturer or franchisor to the federal government, a charitable
71+organization, an employee of the manufacturer or distributor, or a
72+manufacturer or distributor under certain conditions. Provides that an
73+individual subject to both an administrative license suspension and a
74+court ordered license suspension must file a petition for specialized
75+driving privileges in the court that ordered the suspension. Repeals a
76+statute requiring the use of a turn signal 200 feet before making a turn.
77+Makes technical corrections.
78+EH 1167—LS 7095/DI 139EH 1167—LS 7095/DI 139 Reprinted
79+March 1, 2022
180 Second Regular Session of the 122nd General Assembly (2022)
281 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
382 Constitution) is being amended, the text of the existing provision will appear in this style type,
483 additions will appear in this style type, and deletions will appear in this style type.
584 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
685 provision adopted), the text of the new provision will appear in this style type. Also, the
786 word NEW will appear in that style type in the introductory clause of each SECTION that adds
887 a new provision to the Indiana Code or the Indiana Constitution.
988 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1089 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1167
12-AN ACT to amend the Indiana Code concerning motor vehicles.
90+ENGROSSED
91+HOUSE BILL No. 1167
92+A BILL FOR AN ACT to amend the Indiana Code concerning
93+motor vehicles.
1394 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 6-1.1-7-10, AS AMENDED BY P.L.235-2017,
15-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2022]: Sec. 10. (a) This section does not apply to a mobile
17-home that is offered for sale at auction under IC 9-22-1.5, IC 9-22-1.7,
18-or IC 6-1.1-23.5 for the transfer resulting from the auction.
19-(b) As used in this section, "official seal" has the meaning set
20-forth in IC 33-42-0.5-21.
21-(b) (c) A mobile home may not be moved from one (1) location to
22-another unless the owner or the owner's agent obtains a permit to move
23-the mobile home from the county treasurer.
24-(c) (d) The bureau of motor vehicles may not:
25-(1) transfer the title to a mobile home; or
26-(2) change names in any manner on the title to a mobile home;
27-unless the owner or the owner's agent holds a valid permit to transfer
28-the title that was issued by the county treasurer and includes the county
29-treasurer's embossed official seal.
30-(d) (e) A county treasurer shall issue a permit which is required to
31-either move, or transfer the title to, a mobile home if the taxes, special
32-assessments, interest, penalties, judgments, and costs that are due and
33-payable on the mobile home have been paid and the person requesting
34-the permit has a state issued title, a court order, or a bureau of motor
35-vehicles affidavit of sale or disposal. The county treasurer shall issue
36-the permit not later than two (2) business days (excluding weekends
37-HEA 1167 — Concur 2
38-and holidays) after the date the completed permit application is
39-received by the county treasurer. The permit shall state the date it is
40-issued.
41-(e) (f) After issuing a permit to move a mobile home under
42-subsection (d), (e), a county treasurer shall notify the township assessor
43-of the township to which the mobile home will be moved, or the county
44-assessor if there is no township assessor for the township, that the
45-permit to move the mobile home has been issued.
46-(f) (g) A permit to move, or transfer title to, a mobile home that is
47-issued under this section expires ninety (90) days after the date the
48-permit is issued. The permit is invalid after the permit expires. If the
49-owner wishes to move, or transfer title to, the mobile home after the
50-permit has expired, the owner or the owner's agent must obtain a new
51-permit under this section.
52-(g) (h) A county treasurer is not liable for the county treasurer's
53-good faith efforts to collect taxes that are due and payable for a mobile
54-home. Good faith efforts include the refusal to issue a permit under
55-subsection (d) (e) until all property taxes that are due and payable for
56-a mobile home are paid to the county treasurer.
57-SECTION 2. IC 6-1.1-7-10.4, AS AMENDED BY P.L.198-2016,
58-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59-JULY 1, 2022]: Sec. 10.4. (a) This section does not apply to a mobile
60-home that is offered for sale at auction under IC 9-22-1.5 or
61-IC 9-22-1.7 for the transfer resulting from the auction.
62-(b) The owner of a mobile home who sells the mobile home to
63-another person shall provide the purchaser with the permit required by
64-section 10(c) 10(d) of this chapter before the sale is consummated.
65-SECTION 3. IC 8-2.1-24-18, AS AMENDED BY P.L.198-2016,
66-SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67-JULY 1, 2022]: Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through
68-387, 390 through 393, and 395 through 398 are incorporated into
69-Indiana law by reference, and, except as provided in subsections (d),
70-(e), (f), (g), and (j), must be complied with by an interstate and
71-intrastate motor carrier of persons or property throughout Indiana.
72-Intrastate motor carriers subject to compliance reviews under 49 CFR
73-385 shall be selected according to criteria determined by the
74-superintendent which must include but are not limited to factors such
75-as previous history of violations found in roadside compliance checks
76-and other recorded violations. However, the provisions of 49 CFR 395
77-that regulate the hours of service of drivers, including requirements for
78-the maintenance of logs, do not apply to a driver of a truck that is
79-registered by the bureau of motor vehicles and used as a farm truck
80-under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle
81-operated in intrastate construction or construction related service, or
82-HEA 1167 — Concur 3
83-the restoration of public utility services interrupted by an emergency.
84-Except as provided in subsection (i) and (j):
85-(1) intrastate motor carriers not operating under authority issued
86-by the United States Department of Transportation shall comply
87-with the requirements of 49 CFR 390.21(b)(3) by registering with
88-the department of state revenue as an intrastate motor carrier and
89-displaying the certification number issued by the department of
90-state revenue preceded by the letters "IN"; and
91-(2) all other requirements of 49 CFR 390.21 apply equally to
92-interstate and intrastate motor carriers.
93-(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
94-through 178, and 180, are incorporated into Indiana law by reference,
95-and every:
96-(1) private carrier;
97-(2) common carrier;
98-(3) contract carrier;
99-(4) motor carrier of property, intrastate;
100-(5) hazardous material shipper; and
101-(6) carrier otherwise exempt under section 3 of this chapter;
102-must comply with the federal regulations incorporated under this
103-subsection, whether engaged in interstate or intrastate commerce.
104-(c) Notwithstanding subsection (b), nonspecification bulk and
105-nonbulk packaging, including cargo tank motor vehicles, may be used
106-only if all the following conditions exist:
107-(1) The maximum capacity of the vehicle is less than three
108-thousand five hundred (3,500) gallons.
109-(2) The shipment of goods is limited to intrastate commerce.
110-(3) The vehicle is used only for the purpose of transporting fuel
111-oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
112-of these substances.
113-Maintenance, inspection, and marking requirements of 49 CFR 173.8
114-and Part 180 are applicable. In accordance with federal hazardous
115-materials regulations, new or additional nonspecification cargo tank
116-motor vehicles may not be placed in service under this subsection.
117-(d) For the purpose of enforcing this section, only:
118-(1) a state police officer or state police motor carrier inspector
119-who:
120-(A) has successfully completed a course of instruction
121-approved by the United States Department of Transportation;
122-and
123-(B) maintains an acceptable competency level as established
124-by the state police department; or
125-(2) an employee of a law enforcement agency who:
126-(A) before January 1, 1991, has successfully completed a
127-HEA 1167 — Concur 4
128-course of instruction approved by the United States
129-Department of Transportation; and
130-(B) maintains an acceptable competency level as established
131-by the state police department;
132-on the enforcement of 49 CFR, may, upon demand, inspect the books,
133-accounts, papers, records, memoranda, equipment, and premises of any
134-carrier, including a carrier exempt under section 3 of this chapter.
135-(e) A person hired before September 1, 1985, who operates a motor
136-vehicle intrastate incidentally to the person's normal employment duties
137-and who is not employed to operate a motor vehicle for hire is exempt
138-from 49 CFR 391 as incorporated by this section.
139-(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
140-person at least eighteen (18) years of age and less than twenty-one (21)
141-years of age may be employed as a driver to operate a commercial
142-motor vehicle intrastate. However, a person employed under this
143-subsection is not exempt from any other provision of 49 CFR 391.
144-(g) Notwithstanding subsection (a) or (b), the following provisions
145-of 49 CFR do not apply to private carriers of property operated only in
146-intrastate commerce or any carriers of property operated only in
147-intrastate commerce while employed in construction or construction
148-related service:
149-(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
150-a driver who has been diagnosed as an insulin dependent diabetic,
151-if the driver has applied for and been granted an intrastate
152-medical waiver by the bureau of motor vehicles pursuant to this
153-subsection. The same standards and the following procedures
154-shall apply for this waiver whether or not the driver is required to
155-hold a commercial driver's license. An application for the waiver
156-shall be submitted by the driver and completed and signed by a
157-certified endocrinologist, or the driver's treating physician, or the
158-driver's treating advanced practice registered nurse attesting
159-that the driver:
160-(A) is not otherwise physically disqualified under Subpart
161-391.41 to operate a motor vehicle, whether or not any
162-additional disqualifying condition results from the diabetic
163-condition, and is not likely to suffer any diminution in driving
164-ability due to the driver's diabetic condition;
165-(B) is free of severe hypoglycemia or hypoglycemia
166-unawareness and has had less than one (1) documented,
167-symptomatic hypoglycemic reaction per month;
168-(C) has demonstrated the ability and willingness to properly
169-monitor and manage the driver's diabetic condition;
170-(D) has agreed to and, to the endocrinologist's, or treating
171-physician's, or treating advanced practice registered
172-HEA 1167 — Concur 5
173-nurse's knowledge, has carried a source of rapidly absorbable
174-glucose at all times while driving a motor vehicle, has self
175-monitored blood glucose levels one (1) hour before driving
176-and at least once every four (4) hours while driving or on duty
177-before driving using a portable glucose monitoring device
178-equipped with a computerized memory; and
179-(E) has submitted the blood glucose logs from the monitoring
180-device to the endocrinologist, or treating physician, or
181-treating advanced practice registered nurse at the time of
182-the annual medical examination.
183-A copy of the blood glucose logs shall be filed along with the
184-annual statement from the endocrinologist, or treating physician,
185-or treating advanced practice registered nurse with the bureau
186-of motor vehicles for review by the driver licensing medical
187-advisory board established under IC 9-14-11. A copy of the
188-annual statement shall also be provided to the driver's employer
189-for retention in the driver's qualification file, and a copy shall be
190-retained and held by the driver while driving for presentation to
191-an authorized federal, state, or local law enforcement official.
192-Notwithstanding the requirements of this subdivision, the
193-endocrinologist, the treating physician, the treating advanced
194-practice registered nurse, the advisory board of the bureau of
195-motor vehicles, or the bureau of motor vehicles may, where
196-medical indications warrant, establish a short period for the
197-medical examinations required under this subdivision.
198-(2) Subpart 396.9 as it applies to inspection of vehicles carrying
199-or loaded with a perishable product. However, this exemption
200-does not prohibit a law enforcement officer from stopping these
201-vehicles for an obvious violation that poses an imminent threat of
202-an accident or incident. The exemption is not intended to include
203-refrigerated vehicles loaded with perishables when the
204-refrigeration unit is working.
205-(3) Subpart 396.11 as it applies to driver vehicle inspection
206-reports.
207-(4) Subpart 396.13 as it applies to driver inspection.
208-(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
209-season" refers to the period between January 1 and December 31 of
210-each year. The intrastate commerce exception set forth in 49 CFR
211-395.1(k), as it applies to the transportation of agricultural commodities
212-and farm supplies, is restricted to single vehicles and cargo tank motor
213-vehicles with a capacity of not more than five thousand four hundred
214-(5,400) gallons.
215-(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
216-motor carrier or a guest operator not engaged in interstate commerce
217-HEA 1167 — Concur 6
218-and operating a motor vehicle as a farm vehicle in connection with
219-agricultural pursuits usual and normal to the user's farming operation
220-or for personal purposes unless the vehicle is operated either part time
221-or incidentally in the conduct of a commercial enterprise.
222-(j) This section does not apply to private carriers that operate using
223-only the type of motor vehicles specified in IC 8-2.1-24-3(6).
224-(k) The superintendent of state police may adopt rules under
225-IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
226-reference under this section.
227-SECTION 4. IC 9-14-10-1, AS AMENDED BY P.L.257-2017,
228-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
229-JULY 1, 2022]: Sec. 1. The commission board shall do the following:
230-(1) Recommend legislation needed to operate the license
231-branches.
232-(2) Recommend rules needed to operate the license branches.
233-(3) Review budget proposals for the commission and the license
234-branches operated under IC 9-14.1, including the budget required
235-by IC 9-14.1-5-4 and IC 9-14.1-5-5.
236-(4) Establish the determination criteria and determine the number
237-and location of license branches to be operated under IC 9-14.1.
238-(5) Establish and adopt minimum standards for the operation and
239-maintenance of each physical or virtual location at which services
240-are provided by a full service provider or partial services provider
241-under IC 9-14.1.
242-(6) Administer the commission fund established under
243-IC 9-14-14-1.
244-(7) Establish and maintain an audit working group composed
245-of two (2) board members of the commission, excluding the
246-commissioner, who are selected by and may be dismissed by
247-the commissioner. A meeting of the audit working group is
248-not subject to IC 5-14-1.5.
249-(8) Approve an internal audit charter and an audit plan at
250-least one (1) time each year.
251-SECTION 5. IC 9-14.1-5-1, AS ADDED BY P.L.198-2016,
252-SECTION 195, IS AMENDED TO READ AS FOLLOWS
253-[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state board of accounts
254-bureau shall conduct an audit each account of each license branch
255-operated under this article.
256-(b) Each audit must be
257-(1) completed not more than ninety (90) days after
258-commencement of the audit; and
259-(2) filed with the legislative services agency in an electronic
260-format under IC 5-14-6 not more than thirty (30) days after
261-completion of the audit. conducted as determined by an annual
262-HEA 1167 — Concur 7
263-risk assessment and an audit plan.
264-(c) An audit prepared under this section is a public record.
265-(d) Notwithstanding the audit performed under subsection (a),
266-the state board of accounts may examine an account of a license
267-branch operated under this article.
268-SECTION 6. IC 9-17-5-6, AS ADDED BY P.L.81-2021, SECTION
95+1 SECTION 1. IC 6-1.1-7-10, AS AMENDED BY P.L.235-2017,
96+2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97+3 JULY 1, 2022]: Sec. 10. (a) This section does not apply to a mobile
98+4 home that is offered for sale at auction under IC 9-22-1.5, IC 9-22-1.7,
99+5 or IC 6-1.1-23.5 for the transfer resulting from the auction.
100+6 (b) As used in this section, "official seal" has the meaning set
101+7 forth in IC 33-42-0.5-21.
102+8 (b) (c) A mobile home may not be moved from one (1) location to
103+9 another unless the owner or the owner's agent obtains a permit to move
104+10 the mobile home from the county treasurer.
105+11 (c) (d) The bureau of motor vehicles may not:
106+12 (1) transfer the title to a mobile home; or
107+13 (2) change names in any manner on the title to a mobile home;
108+14 unless the owner or the owner's agent holds a valid permit to transfer
109+15 the title that was issued by the county treasurer and includes the county
110+16 treasurer's embossed official seal.
111+EH 1167—LS 7095/DI 139 2
112+1 (d) (e) A county treasurer shall issue a permit which is required to
113+2 either move, or transfer the title to, a mobile home if the taxes, special
114+3 assessments, interest, penalties, judgments, and costs that are due and
115+4 payable on the mobile home have been paid and the person requesting
116+5 the permit has a state issued title, a court order, or a bureau of motor
117+6 vehicles affidavit of sale or disposal. The county treasurer shall issue
118+7 the permit not later than two (2) business days (excluding weekends
119+8 and holidays) after the date the completed permit application is
120+9 received by the county treasurer. The permit shall state the date it is
121+10 issued.
122+11 (e) (f) After issuing a permit to move a mobile home under
123+12 subsection (d), (e), a county treasurer shall notify the township assessor
124+13 of the township to which the mobile home will be moved, or the county
125+14 assessor if there is no township assessor for the township, that the
126+15 permit to move the mobile home has been issued.
127+16 (f) (g) A permit to move, or transfer title to, a mobile home that is
128+17 issued under this section expires ninety (90) days after the date the
129+18 permit is issued. The permit is invalid after the permit expires. If the
130+19 owner wishes to move, or transfer title to, the mobile home after the
131+20 permit has expired, the owner or the owner's agent must obtain a new
132+21 permit under this section.
133+22 (g) (h) A county treasurer is not liable for the county treasurer's
134+23 good faith efforts to collect taxes that are due and payable for a mobile
135+24 home. Good faith efforts include the refusal to issue a permit under
136+25 subsection (d) (e) until all property taxes that are due and payable for
137+26 a mobile home are paid to the county treasurer.
138+27 SECTION 2. IC 6-1.1-7-10.4, AS AMENDED BY P.L.198-2016,
139+28 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
140+29 JULY 1, 2022]: Sec. 10.4. (a) This section does not apply to a mobile
141+30 home that is offered for sale at auction under IC 9-22-1.5 or
142+31 IC 9-22-1.7 for the transfer resulting from the auction.
143+32 (b) The owner of a mobile home who sells the mobile home to
144+33 another person shall provide the purchaser with the permit required by
145+34 section 10(c) 10(d) of this chapter before the sale is consummated.
146+35 SECTION 3. IC 8-2.1-24-18, AS AMENDED BY P.L.198-2016,
147+36 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
148+37 JULY 1, 2022]: Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through
149+38 387, 390 through 393, and 395 through 398 are incorporated into
150+39 Indiana law by reference, and, except as provided in subsections (d),
151+40 (e), (f), (g), and (j), must be complied with by an interstate and
152+41 intrastate motor carrier of persons or property throughout Indiana.
153+42 Intrastate motor carriers subject to compliance reviews under 49 CFR
154+EH 1167—LS 7095/DI 139 3
155+1 385 shall be selected according to criteria determined by the
156+2 superintendent which must include but are not limited to factors such
157+3 as previous history of violations found in roadside compliance checks
158+4 and other recorded violations. However, the provisions of 49 CFR 395
159+5 that regulate the hours of service of drivers, including requirements for
160+6 the maintenance of logs, do not apply to a driver of a truck that is
161+7 registered by the bureau of motor vehicles and used as a farm truck
162+8 under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle
163+9 operated in intrastate construction or construction related service, or
164+10 the restoration of public utility services interrupted by an emergency.
165+11 Except as provided in subsection (i) and (j):
166+12 (1) intrastate motor carriers not operating under authority issued
167+13 by the United States Department of Transportation shall comply
168+14 with the requirements of 49 CFR 390.21(b)(3) by registering with
169+15 the department of state revenue as an intrastate motor carrier and
170+16 displaying the certification number issued by the department of
171+17 state revenue preceded by the letters "IN"; and
172+18 (2) all other requirements of 49 CFR 390.21 apply equally to
173+19 interstate and intrastate motor carriers.
174+20 (b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
175+21 through 178, and 180, are incorporated into Indiana law by reference,
176+22 and every:
177+23 (1) private carrier;
178+24 (2) common carrier;
179+25 (3) contract carrier;
180+26 (4) motor carrier of property, intrastate;
181+27 (5) hazardous material shipper; and
182+28 (6) carrier otherwise exempt under section 3 of this chapter;
183+29 must comply with the federal regulations incorporated under this
184+30 subsection, whether engaged in interstate or intrastate commerce.
185+31 (c) Notwithstanding subsection (b), nonspecification bulk and
186+32 nonbulk packaging, including cargo tank motor vehicles, may be used
187+33 only if all the following conditions exist:
188+34 (1) The maximum capacity of the vehicle is less than three
189+35 thousand five hundred (3,500) gallons.
190+36 (2) The shipment of goods is limited to intrastate commerce.
191+37 (3) The vehicle is used only for the purpose of transporting fuel
192+38 oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
193+39 of these substances.
194+40 Maintenance, inspection, and marking requirements of 49 CFR 173.8
195+41 and Part 180 are applicable. In accordance with federal hazardous
196+42 materials regulations, new or additional nonspecification cargo tank
197+EH 1167—LS 7095/DI 139 4
198+1 motor vehicles may not be placed in service under this subsection.
199+2 (d) For the purpose of enforcing this section, only:
200+3 (1) a state police officer or state police motor carrier inspector
201+4 who:
202+5 (A) has successfully completed a course of instruction
203+6 approved by the United States Department of Transportation;
204+7 and
205+8 (B) maintains an acceptable competency level as established
206+9 by the state police department; or
207+10 (2) an employee of a law enforcement agency who:
208+11 (A) before January 1, 1991, has successfully completed a
209+12 course of instruction approved by the United States
210+13 Department of Transportation; and
211+14 (B) maintains an acceptable competency level as established
212+15 by the state police department;
213+16 on the enforcement of 49 CFR, may, upon demand, inspect the books,
214+17 accounts, papers, records, memoranda, equipment, and premises of any
215+18 carrier, including a carrier exempt under section 3 of this chapter.
216+19 (e) A person hired before September 1, 1985, who operates a motor
217+20 vehicle intrastate incidentally to the person's normal employment duties
218+21 and who is not employed to operate a motor vehicle for hire is exempt
219+22 from 49 CFR 391 as incorporated by this section.
220+23 (f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
221+24 person at least eighteen (18) years of age and less than twenty-one (21)
222+25 years of age may be employed as a driver to operate a commercial
223+26 motor vehicle intrastate. However, a person employed under this
224+27 subsection is not exempt from any other provision of 49 CFR 391.
225+28 (g) Notwithstanding subsection (a) or (b), the following provisions
226+29 of 49 CFR do not apply to private carriers of property operated only in
227+30 intrastate commerce or any carriers of property operated only in
228+31 intrastate commerce while employed in construction or construction
229+32 related service:
230+33 (1) Subpart 391.41(b)(3) as it applies to physical qualifications of
231+34 a driver who has been diagnosed as an insulin dependent diabetic,
232+35 if the driver has applied for and been granted an intrastate
233+36 medical waiver by the bureau of motor vehicles pursuant to this
234+37 subsection. The same standards and the following procedures
235+38 shall apply for this waiver whether or not the driver is required to
236+39 hold a commercial driver's license. An application for the waiver
237+40 shall be submitted by the driver and completed and signed by a
238+41 certified endocrinologist, or the driver's treating physician, or the
239+42 driver's treating advanced practice registered nurse attesting
240+EH 1167—LS 7095/DI 139 5
241+1 that the driver:
242+2 (A) is not otherwise physically disqualified under Subpart
243+3 391.41 to operate a motor vehicle, whether or not any
244+4 additional disqualifying condition results from the diabetic
245+5 condition, and is not likely to suffer any diminution in driving
246+6 ability due to the driver's diabetic condition;
247+7 (B) is free of severe hypoglycemia or hypoglycemia
248+8 unawareness and has had less than one (1) documented,
249+9 symptomatic hypoglycemic reaction per month;
250+10 (C) has demonstrated the ability and willingness to properly
251+11 monitor and manage the driver's diabetic condition;
252+12 (D) has agreed to and, to the endocrinologist's, or treating
253+13 physician's, or treating advanced practice registered
254+14 nurse's knowledge, has carried a source of rapidly absorbable
255+15 glucose at all times while driving a motor vehicle, has self
256+16 monitored blood glucose levels one (1) hour before driving
257+17 and at least once every four (4) hours while driving or on duty
258+18 before driving using a portable glucose monitoring device
259+19 equipped with a computerized memory; and
260+20 (E) has submitted the blood glucose logs from the monitoring
261+21 device to the endocrinologist, or treating physician, or
262+22 treating advanced practice registered nurse at the time of
263+23 the annual medical examination.
264+24 A copy of the blood glucose logs shall be filed along with the
265+25 annual statement from the endocrinologist, or treating physician,
266+26 or treating advanced practice registered nurse with the bureau
267+27 of motor vehicles for review by the driver licensing medical
268+28 advisory board established under IC 9-14-11. A copy of the
269+29 annual statement shall also be provided to the driver's employer
270+30 for retention in the driver's qualification file, and a copy shall be
271+31 retained and held by the driver while driving for presentation to
272+32 an authorized federal, state, or local law enforcement official.
273+33 Notwithstanding the requirements of this subdivision, the
274+34 endocrinologist, the treating physician, the treating advanced
275+35 practice registered nurse, the advisory board of the bureau of
276+36 motor vehicles, or the bureau of motor vehicles may, where
277+37 medical indications warrant, establish a short period for the
278+38 medical examinations required under this subdivision.
279+39 (2) Subpart 396.9 as it applies to inspection of vehicles carrying
280+40 or loaded with a perishable product. However, this exemption
281+41 does not prohibit a law enforcement officer from stopping these
282+42 vehicles for an obvious violation that poses an imminent threat of
283+EH 1167—LS 7095/DI 139 6
284+1 an accident or incident. The exemption is not intended to include
285+2 refrigerated vehicles loaded with perishables when the
286+3 refrigeration unit is working.
287+4 (3) Subpart 396.11 as it applies to driver vehicle inspection
288+5 reports.
289+6 (4) Subpart 396.13 as it applies to driver inspection.
290+7 (h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
291+8 season" refers to the period between January 1 and December 31 of
292+9 each year. The intrastate commerce exception set forth in 49 CFR
293+10 395.1(k), as it applies to the transportation of agricultural commodities
294+11 and farm supplies, is restricted to single vehicles and cargo tank motor
295+12 vehicles with a capacity of not more than five thousand four hundred
296+13 (5,400) gallons.
297+14 (i) The requirements of 49 CFR 390.21 do not apply to an intrastate
298+15 motor carrier or a guest operator not engaged in interstate commerce
299+16 and operating a motor vehicle as a farm vehicle in connection with
300+17 agricultural pursuits usual and normal to the user's farming operation
301+18 or for personal purposes unless the vehicle is operated either part time
302+19 or incidentally in the conduct of a commercial enterprise.
303+20 (j) This section does not apply to private carriers that operate using
304+21 only the type of motor vehicles specified in IC 8-2.1-24-3(6).
305+22 (k) The superintendent of state police may adopt rules under
306+23 IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
307+24 reference under this section.
308+25 SECTION 4. IC 9-14-10-1, AS AMENDED BY P.L.257-2017,
309+26 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310+27 JULY 1, 2022]: Sec. 1. The commission board shall do the following:
311+28 (1) Recommend legislation needed to operate the license
312+29 branches.
313+30 (2) Recommend rules needed to operate the license branches.
314+31 (3) Review budget proposals for the commission and the license
315+32 branches operated under IC 9-14.1, including the budget required
316+33 by IC 9-14.1-5-4 and IC 9-14.1-5-5.
317+34 (4) Establish the determination criteria and determine the number
318+35 and location of license branches to be operated under IC 9-14.1.
319+36 (5) Establish and adopt minimum standards for the operation and
320+37 maintenance of each physical or virtual location at which services
321+38 are provided by a full service provider or partial services provider
322+39 under IC 9-14.1.
323+40 (6) Administer the commission fund established under
324+41 IC 9-14-14-1.
325+42 (7) Establish and maintain an audit working group composed
326+EH 1167—LS 7095/DI 139 7
327+1 of two (2) board members of the commission, excluding the
328+2 commissioner, who are selected by and may be dismissed by
329+3 the commissioner. A meeting of the audit working group is
330+4 not subject to IC 5-14-1.5.
331+5 (8) Approve an internal audit charter and an audit plan at
332+6 least one (1) time each year.
333+7 SECTION 5. IC 9-14.1-5-1, AS ADDED BY P.L.198-2016,
334+8 SECTION 195, IS AMENDED TO READ AS FOLLOWS
335+9 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The state board of accounts
336+10 bureau shall conduct an audit each account of each license branch
337+11 operated under this article.
338+12 (b) Each audit must be
339+13 (1) completed not more than ninety (90) days after
340+14 commencement of the audit; and
341+15 (2) filed with the legislative services agency in an electronic
342+16 format under IC 5-14-6 not more than thirty (30) days after
343+17 completion of the audit. conducted as determined by an annual
344+18 risk assessment and an audit plan.
345+19 (c) An audit prepared under this section is a public record.
346+20 (d) Notwithstanding the audit performed under subsection (a),
347+21 the state board of accounts may examine an account of a license
348+22 branch operated under this article.
349+23 SECTION 6. IC 9-17-5-6, AS ADDED BY P.L.81-2021, SECTION
350+24 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
351+25 PASSAGE]: Sec. 6. (a) As used in this section, "qualified service
352+26 provider" means a person able to provide electronic lien or electronic
353+27 title services in coordination with vehicle lienholders and state
354+28 departments of motor vehicles.
355+29 (b) As used in this section, "qualified vendor" refers to a person with
356+30 whom the bureau contracts to:
357+31 (1) develop;
358+32 (2) implement; and
359+33 (3) provide ongoing support with respect to;
360+34 a statewide electronic lien and title system under this section.
361+35 (c) As used in this section, "statewide electronic lien and title
362+36 system" or "system" means a statewide electronic lien and title system
363+37 implemented by the bureau under this section to process:
364+38 (1) vehicle titles;
365+39 (2) certificate of title data in which a lien is notated; and
366+40 (3) the notification, maintenance, and release of security interests
367+41 in vehicles;
368+42 through electronic means instead of paper documents.
369+EH 1167—LS 7095/DI 139 8
370+1 (d) Not later than the dates set forth in subsection (h), the bureau
371+2 shall implement a statewide electronic lien and title system for the
372+3 following purposes:
373+4 (1) To facilitate and promote commerce and governmental
374+5 transactions by validating and authorizing the use of electronic
375+6 records.
376+7 (2) To modernize the law and eliminate barriers to electronic
377+8 commerce and governmental transactions resulting from
378+9 uncertainties related to handwritten and other written materials.
379+10 (3) To promote uniformity of the law among the states relating to
380+11 the use of electronic and similar technological means of effecting
381+12 and performing commercial and governmental transactions.
382+13 (4) To promote public confidence in the validity, integrity, and
383+14 reliability of electronic commerce and governmental transactions.
384+15 (5) To promote the development of the legal and business
385+16 infrastructure necessary to implement electronic commerce and
386+17 governmental transactions.
387+18 (e) The bureau may:
388+19 (1) contract with one (1) or more qualified vendors to develop and
389+20 implement a statewide electronic lien and title system; or
390+21 (2) develop and make available to qualified service providers a
391+22 well defined set of information services that will enable secure
392+23 access to the data and internal application components necessary
393+24 to facilitate the creation of a statewide electronic lien and title
394+25 system.
395+26 (f) If the bureau elects under subsection (e)(1) to contract with one
396+27 (1) or more qualified vendors to develop and implement a statewide
397+28 electronic lien and title system, the following apply:
398+29 (1) The bureau shall issue a competitive request for proposals to
399+30 assess the qualifications of any vendor seeking to develop,
400+31 implement, and provide ongoing support for the system. The
401+32 bureau may reserve the right to receive input concerning
402+33 specifications for the establishment and operation of the system
403+34 from parties that do not respond to the bureau's request for
404+35 proposals.
405+36 (2) A contract entered into between the bureau and a qualified
406+37 vendor may not provide for any costs or charges payable by the
407+38 bureau to the qualified vendor. The qualified vendor shall
408+39 reimburse the bureau for any reasonable and documented costs
409+40 incurred by the bureau and directly associated with the
410+41 development, implementation, or ongoing support of the system.
411+42 (3) Upon implementing a statewide electronic lien and title
412+EH 1167—LS 7095/DI 139 9
413+1 system under this section, the qualified vendor may charge
414+2 participating lienholders or their agents a fee for each lien
415+3 notification transaction provided through the system, in order to
416+4 recover the qualified vendor's costs associated with the
417+5 development, implementation, and ongoing administration of the
418+6 system. A lien notification fee under this subdivision must be
419+7 consistent with market pricing and may not exceed three dollars
420+8 and fifty cents ($3.50). The qualified vendor may not charge
421+9 lienholders or their agents any additional fee for lien releases,
422+10 assignments, or transfers. The qualified vendor may not charge a
423+11 fee under this subdivision to a state agency or its agents for lien
424+12 notification, lien release, lien assignment, or lien transfer. To
425+13 recover their costs associated with the lien, participating
426+14 lienholders or their agents may charge:
427+15 (A) the borrower in a vehicle loan; or
428+16 (B) the lessee in a vehicle lease;
429+17 an amount equal to any lien notification fee imposed by the
430+18 qualified vendor under this subdivision, plus a fee in an amount
431+19 not to exceed three dollars ($3) for each electronic transaction in
432+20 which a lien is notated.
433+21 (4) A qualified vendor may also serve as a qualified service
434+22 provider to motor vehicle lienholders if the following conditions
435+23 are met:
436+24 (A) The contract between the bureau and the qualified vendor
437+25 must include provisions specifically prohibiting the qualified
438+26 vendor from using information concerning vehicle titles for
439+27 any commercial, marketing, business, or other purpose not
440+28 specifically contemplated by this chapter.
441+29 (B) The contract between the bureau and the qualified vendor
442+30 must include an acknowledgment by the qualified vendor that
443+31 the qualified vendor is required to enter into agreements to
444+32 exchange electronic lien data with any:
445+33 (i) qualified service providers that offer electronic lien or
446+34 title services in Indiana and that have been approved by the
447+35 bureau for participation in the system; and
448+36 (ii) qualified service providers that are not qualified vendors.
449+37 (C) The bureau must periodically monitor the fees charged by
450+38 a qualified vendor that also:
451+39 (i) serves as a qualified service provider to lienholders; or
452+40 (ii) provides services as a qualified vendor to other qualified
453+41 service providers;
454+42 to ensure that the qualified vendor is not engaging in predatory
455+EH 1167—LS 7095/DI 139 10
456+1 pricing.
457+2 (g) If the bureau elects under subsection (e)(2) to develop an
458+3 interface to provide qualified service providers secure access to data to
459+4 facilitate the creation of a statewide electronic lien and title system, the
460+5 following apply:
461+6 (1) The bureau shall establish:
462+7 (A) the total cost to develop the statewide electronic lien and
463+8 title system by July 1, 2021; 2022;
464+9 (B) qualifications for third party service providers offering
465+10 electronic lien services; and
466+11 (C) a qualification process to:
467+12 (i) evaluate electronic lien and title system technologies
468+13 developed by third party service providers; and
469+14 (ii) determine whether such technologies comply with
470+15 defined security and platform standards.
471+16 (2) Not later than February July 1, 2022, the bureau shall publish
472+17 on the bureau's Internet web site the qualifications established by
473+18 the bureau under subdivision (1). A third party service provider
474+19 that seeks to become qualified by the bureau under this subsection
475+20 must demonstrate the service provider's qualifications, in the form
476+21 and manner specified by the bureau, not later than thirty (30) days
477+22 after the date of the bureau's publication under this subdivision.
478+23 After the elapse of the thirty (30) day period during which third
479+24 party service providers may respond to the bureau's publication
480+25 under this subdivision, the bureau shall notify each responding
481+26 third party service provider as to:
482+27 (A) the total cost to develop the system, as determined by
483+28 the bureau under subdivision (1); and
484+29 (B) whether the third party service provider has met the
485+30 qualifications established by the bureau under subdivision (1)
486+31 and is approved to participate in the statewide electronic lien
487+32 and title system.
488+33 (3) Not later than thirty (30) days after receiving a notice of
489+34 approval from the bureau under subdivision (2), each qualified
490+35 service provider shall remit to the bureau a payment in an amount
491+36 equal to the total development costs of the system divided by the
492+37 total number of qualified service providers participating in the
493+38 system. notify the bureau of the qualified service provider's
494+39 intention to participate in the statewide electronic lien and
495+40 title system.
496+41 (4) If a third party service provider that did not:
497+42 (A) submit proof of its qualifications under subdivision (2); or
498+EH 1167—LS 7095/DI 139 11
499+1 (B) pay initial development costs under subdivision (3);
500+2 later wishes to participate in the system, the third party service
501+3 provider may apply to the bureau to participate in the system. The
502+4 bureau shall allow the third party service provider to participate
503+5 in the system if the third party service provider meets the
504+6 qualifications established by the bureau under subdivision (1) and
505+7 pays to the department the third party service provider's
506+8 proportional share of the system development costs.
507+9 (5) Each qualified service provider shall remit to the bureau, on
508+10 a date prescribed by the bureau, an annual fee established by the
509+11 bureau and not to exceed three thousand dollars ($3,000), to be
510+12 used for the operation and maintenance of the system.
511+13 (4) Upon implementing a statewide electronic lien and title
512+14 system under this section, the bureau may charge
513+15 participating service providers or their agents a fee for each
514+16 lien transaction provided through the system in order to
515+17 recover the bureau's costs associated with the development,
516+18 implementation, and ongoing administration of the system. A
517+19 fee under this subdivision must be consistent with market
518+20 pricing and may not exceed three dollars and twenty-five
519+21 cents ($3.25). A fee collected under this subdivision shall be
520+22 deposited in the commission fund. Fees collected by the
521+23 bureau for the implementation of a statewide electronic lien
522+24 and title system are limited to those contained in this
523+25 subdivision. This subdivision expires July 1, 2025.
524+26 (6) (5) A contract entered into between the bureau and a qualified
525+27 service provider may not provide for any costs or charges payable
526+28 by the bureau to the qualified service provider.
527+29 (7) (6) Upon the implementation of a statewide electronic lien and
528+30 title system under this section, a qualified service provider may
529+31 charge participating lienholders or their agents transaction fees
530+32 consistent with market pricing in addition to the fees described
531+33 in subdivision (4). A fee under this subdivision may not be
532+34 charged to a state agency or its agents for lien notification, lien
533+35 release, lien assignment, or lien transfer. To recover their costs
534+36 associated with a lien, participating lienholders or their agents
535+37 may charge:
536+38 (A) the borrower in a vehicle loan; or
537+39 (B) the lessee in a vehicle lease;
538+40 an amount equal to any fee imposed by a qualified service
539+41 provider under this subdivision, plus a fee in an amount not
540+42 to exceed three dollars ($3) for each electronic transaction in
541+EH 1167—LS 7095/DI 139 12
542+1 which a lien is notated. This subdivision expires July 1, 2025.
543+2 (8) (7) The contract between the bureau and a qualified service
544+3 provider must include provisions specifically prohibiting the
545+4 qualified service provider from using information concerning
546+5 vehicle titles for any commercial, marketing, business, or other
547+6 purpose not specifically contemplated by this chapter.
548+7 (h) Subject to subsection (i), the bureau shall implement, and allow
549+8 or require the use of, a statewide electronic lien and title system under
550+9 this section as follows:
551+10 (1) A statewide electronic lien system that is capable of
552+11 processing:
553+12 (A) certificate of title data in which a lien is notated; and
554+13 (B) the notification, maintenance, and release of security
555+14 interests in vehicles;
556+15 through electronic means must be made available for voluntary
557+16 use by vehicle lienholders not later than February July 1, 2022.
558+17 (2) Subject to subsection (j)(5), the bureau shall require that the
559+18 statewide electronic lien system made available under subdivision
560+19 (1) be used for processing:
561+20 (A) certificate of title data in which a lien is notated; and
562+21 (B) the notification, maintenance, and release of security
563+22 interests in vehicles;
564+23 after June 30, 2022. 2023.
565+24 (3) A statewide electronic title system capable of processing
566+25 vehicle titles through electronic means must be made available for
567+26 voluntary use by vehicle dealers, lienholders, and owners not later
568+27 than July 1, 2022. 2025.
569+28 (4) The bureau shall require that the statewide electronic title
570+29 system made available under subdivision (3) be used for
571+30 processing vehicle titles after June 30, 2023. 2026.
572+31 (i) Subsection (h) does not prohibit the bureau or any:
573+32 (1) qualified vendor with whom the bureau contracts under
574+33 subsection (f); or
575+34 (2) qualified service provider with whom the bureau contracts
576+35 under subsection (g);
577+36 from implementing, making available, or requiring the use of a
578+37 statewide electronic lien system described in subsection (h)(1) at the
579+38 same time as, or in conjunction with, a statewide electronic title system
580+39 described in subsection (h)(3), or from implementing, making
581+40 available, or requiring the use of a statewide electronic lien system
582+41 described in subsection (h)(1) or a statewide electronic title system
583+42 described in subsection (h)(3) before the applicable dates otherwise set
584+EH 1167—LS 7095/DI 139 13
585+1 forth in subsection (h).
586+2 (j) The following apply to the use of a statewide electronic lien
587+3 system described in subsection (h)(1):
588+4 (1) Notwithstanding section 5(b) of this chapter, if there are one
589+5 (1) or more liens or encumbrances on a motor vehicle, the bureau
590+6 may electronically transmit the lien to the first lienholder and
591+7 notify the first lienholder of any additional liens. Subsequent lien
592+8 satisfactions may be electronically transmitted to the bureau and
593+9 must include the name and address of the person satisfying the
594+10 lien.
595+11 (2) Whenever the electronic transmission of lien notifications and
596+12 lien satisfactions is used, a certificate of title need not be issued
597+13 until the last lien is satisfied and a clear certificate of title can be
598+14 issued to the owner of the motor vehicle. The bureau may print or
599+15 issue electronically the clear certificate of title to the owner or
600+16 subsequent assignee of the motor vehicle.
601+17 (3) If a motor vehicle is subject to an electronic lien, the
602+18 certificate of title for the motor vehicle is considered to be
603+19 physically held by the lienholder for purposes of compliance with
604+20 state or federal odometer disclosure requirements.
605+21 (4) A certified copy of the bureau's electronic record of a lien is
606+22 admissible in any civil, criminal, or administrative proceeding in
607+23 Indiana as evidence of the existence of the lien. If a certificate of
608+24 title is maintained electronically in a statewide electronic title
609+25 system described in subsection (h)(3), a certified copy of the
610+26 bureau's electronic record of the certificate of title is admissible
611+27 in any civil, criminal, or administrative proceeding in Indiana as
612+28 evidence of the existence and contents of the certificate of title.
613+29 (5) All individuals and lienholders who conduct at least twelve
614+30 (12) lien transactions annually must use the statewide electronic
615+31 lien and title system implemented under this section to record
616+32 information concerning the perfection and release of a security
617+33 interest in a vehicle.
618+34 (6) An electronic notice or release of a lien made through the
619+35 statewide electronic lien and title system implemented under this
620+36 section has the same force and effect as a notice or release of a
621+37 lien made on a paper document.
622+38 (7) The bureau may convert an existing paper lien to an electronic
623+39 lien upon request of the primary lienholder. The bureau, or a third
624+40 party contracting with the bureau under this section, is authorized
625+41 to collect a fee not to exceed three dollars ($3) for each
626+42 conversion performed under this subdivision. A fee under this
627+EH 1167—LS 7095/DI 139 14
628+1 subdivision may not be charged to a state agency or its agents.
629+2 (8) Notwithstanding section 5 of this chapter, any requirement
630+3 that a security interest or other information appear on a certificate
631+4 of title is satisfied by the inclusion of that information in an
632+5 electronic file maintained in an electronic title system.
633+6 (k) Nothing in this section precludes the bureau from collecting a
634+7 title fee for the preparation and issuance of a title.
635+8 (l) The bureau may adopt rules under IC 4-22-2 to implement this
636+9 section, including emergency rules in the manner provided by
637+10 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
638+11 adopted by the bureau under this subsection and in the manner
639+12 provided by IC 4-22-2-37.1 expires on the date on which a rule that
640+13 supersedes the emergency rule is adopted by the bureau under
641+14 IC 4-22-2-24 through IC 4-22-2-36.
642+15 SECTION 7. IC 9-18.5-2-1, AS AMENDED BY P.L.29-2021,
643+16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
644+17 JULY 1, 2022]: Sec. 1. (a) A person may apply to the bureau for a
645+18 personalized license plate to display on the person's vehicle.
646+19 (b) The following license plates may be designed as a personalized
647+20 license plate under this chapter:
648+21 (1) IC 9-18.5-4 (prisoner of war license plates).
649+22 (2) IC 9-18.5-5 (disabled Hoosier veteran license plates).
650+23 (3) IC 9-18.5-6 (Purple Heart license plates).
651+24 (4) IC 9-18.5-7 (National Guard license plates).
652+25 (5) IC 9-18.5-8 (license plates for persons with disabilities).
653+26 (6) IC 9-18.5-9 (amateur radio operator license plates).
654+27 (7) IC 9-18.5-10 (civic event license plates).
655+28 (8) IC 9-18.5-11 (In God We Trust license plates).
656+29 (9) IC 9-18.5-12 (special group recognition license plates).
657+30 (10) IC 9-18.5-13 (environmental license plates).
658+31 (11) IC 9-18.5-14 (kids first trust license plates).
659+32 (12) IC 9-18.5-15 (education license plates).
660+33 (13) IC 9-18.5-16 (Indiana FFA trust license plates).
661+34 (14) IC 9-18.5-17 (Indiana firefighter license plates).
662+35 (15) IC 9-18.5-18 (Indiana boy scouts trust license plates).
663+36 (16) IC 9-18.5-19 (D.A.R.E. Indiana trust license plates).
664+37 (17) IC 9-18.5-20 (Indiana arts trust license plates).
665+38 (18) IC 9-18.5-21 (Indiana health trust license plates).
666+39 (19) IC 9-18.5-22 (Indiana Native American trust license plates).
667+40 (20) IC 9-18.5-24 (Pearl Harbor survivor license plates).
668+41 (21) IC 9-18.5-25 (Indiana state educational institution trust
669+42 license plates).
670+EH 1167—LS 7095/DI 139 15
671+1 (22) IC 9-18.5-26 (Lewis and Clark expedition license plates).
672+2 (23) IC 9-18.5-27 (Riley Children's Foundation license plates).
673+3 (24) IC 9-18.5-28 (National Football League franchised
674+4 professional football team license plates).
675+5 (25) IC 9-18.5-29 (Hoosier veteran license plates).
676+6 (26) IC 9-18.5-30 (support our troops license plates).
677+7 (27) IC 9-18.5-31 (Abraham Lincoln's boyhood home license
678+8 plates).
679+9 (28) IC 9-18.5-32 (Earlham College Trust license plates).
680+10 (29) (28) IC 9-18.5-33 (Indiana Gold Star family member license
681+11 plates).
682+12 (30) (29) IC 9-18.5-35 (Armed Forces Expeditionary Medal
683+13 license plates).
684+14 (31) (30) A license plate issued under IC 9-18 (before its
685+15 expiration) or IC 9-18.1.
686+16 SECTION 8. IC 9-18.5-12-13, AS AMENDED BY P.L.178-2019,
687+17 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
688+18 JULY 1, 2022]: Sec. 13. (a) In order to continue participation in the
689+19 special group recognition license plate program, a special group must:
690+20 (1) sell at least five hundred (500) special group recognition
691+21 license plates of the special group in the first two (2) years in
692+22 which the license plate is offered for sale; and
693+23 (2) maintain the sale or renewal of at least five hundred (500)
694+24 special group recognition license plates during each subsequent
695+25 year after the initial two (2) year period of sale.
696+26 (b) If the special group fails to sell or renew special group
697+27 recognition license plates in the manner provided in subsection (a), the
698+28 bureau shall place the issuance of the special group recognition license
699+29 plates for the special group on probation for the subsequent year. If, in
700+30 that subsequent year on probation, the special group fails to sell or
701+31 renew at least five hundred (500) special group recognition license
702+32 plates, the bureau shall terminate the participation of the special group
703+33 in the special group recognition license plate program. If the special
704+34 group sells or renews at least five hundred (500) special group
705+35 recognition license plates in the year on probation, the participation of
706+36 the special group in the special group recognition license plate program
707+37 is continued. A special group shall be afforded only one (1)
708+38 probationary period under this subsection.
709+39 (c) The bureau may terminate the participation of a special group in
710+40 the special group recognition license plate program if the special
711+41 group:
712+42 (1) ceases operations; or
713+EH 1167—LS 7095/DI 139 16
714+1 (2) fails to use the annual fee collected by the bureau in a manner
715+2 consistent with the statement submitted by the special group
716+3 under section 3(a)(9) of this chapter.
717+4 (d) A special group that desires to participate in the special group
718+5 recognition license plate program after termination by the bureau under
719+6 this section:
720+7 (1) must follow the procedure set forth in section 3 of this
721+8 chapter; and
722+9 (2) may not reapply to participate in the special group
723+10 recognition license plate program for at least two (2) years
724+11 after termination.
725+12 (e) Upon termination under this section of a special group's
726+13 participation in the special group recognition license plate program, the
727+14 bureau shall distribute any money remaining in the trust fund
728+15 established under section 14 of this chapter for the special group to the
729+16 state general fund.
730+17 SECTION 9. IC 9-18.5-16-4, AS ADDED BY P.L.198-2016,
731+18 SECTION 327, IS AMENDED TO READ AS FOLLOWS
732+19 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana FFA trust fund
733+20 is established.
734+21 (b) The treasurer of state shall invest the money in the Indiana FFA
735+22 trust fund not currently needed to meet the obligations of the Indiana
736+23 FFA trust fund in the same manner as other public trust funds are
737+24 invested. Interest that accrues from these investments shall be
738+25 deposited in the Indiana FFA trust fund.
739+26 (c) The bureau shall administer the Indiana FFA trust fund.
740+27 Expenses of administering the Indiana FFA trust fund shall be paid
741+28 from money in the Indiana FFA trust fund.
742+29 (d) On June 30 of each year, The bureau shall distribute at least one
743+30 (1) time each month the money from the fund to the FFA Foundation
744+31 that is located within Indiana.
745+32 (e) Money in the fund at the end of a state fiscal year does not revert
746+33 to the state general fund.
747+34 SECTION 10. IC 9-18.5-18-4, AS ADDED BY P.L.198-2016,
748+35 SECTION 327, IS AMENDED TO READ AS FOLLOWS
749+36 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana boy scouts trust
750+37 fund is established.
751+38 (b) The treasurer of state shall invest the money in the fund not
752+39 currently needed to meet the obligations of the fund in the same
753+40 manner as other public trust funds are invested. Interest that accrues
754+41 from these investments shall be deposited in the fund.
755+42 (c) The bureau shall administer the fund. Expenses of administering
756+EH 1167—LS 7095/DI 139 17
757+1 the fund shall be paid from money in the fund.
758+2 (d) On June 30 of each year, The bureau shall distribute at least one
759+3 (1) time each month the money from the fund to the organization
760+4 established under section 5 of this chapter.
761+5 (e) Money in the fund at the end of a state fiscal year does not revert
762+6 to the state general fund.
763+7 SECTION 11. IC 9-18.5-19-4, AS ADDED BY P.L.198-2016,
764+8 SECTION 327, IS AMENDED TO READ AS FOLLOWS
765+9 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The D.A.R.E. Indiana trust
766+10 fund is established.
767+11 (b) The treasurer of state shall invest the money in the fund not
768+12 currently needed to meet the obligations of the fund in the same
769+13 manner as other public trust funds are invested. Interest that accrues
770+14 from these investments shall be deposited in the fund.
771+15 (c) The bureau shall administer the fund. Expenses of administering
772+16 the fund shall be paid from money in the fund.
773+17 (d) On June 30 of each year, The bureau shall distribute at least one
774+18 (1) time each month the money from the fund to D.A.R.E. Indiana,
775+19 Inc.
776+20 (e) Money in the fund at the end of a state fiscal year does not revert
777+21 to the state general fund.
778+22 SECTION 12. IC 9-18.5-20-3, AS ADDED BY P.L.198-2016,
779+23 SECTION 327, IS AMENDED TO READ AS FOLLOWS
780+24 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The fees for an Indiana arts
781+25 trust license plate are as follows:
782+26 (1) An annual supplemental fee of fifteen dollars ($15) under
783+27 IC 9-18.5-12-16.
784+28 (2) An annual fee of not more than twenty-five dollars ($25) as
785+29 provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
786+30 (b) The annual fee referred to in subsection (a)(2) must be collected
787+31 by the bureau and deposited in the Indiana arts commission trust fund
788+32 established under IC 4-23-2.5-4.
789+33 (c) The bureau shall distribute at least one (1) time each month
790+34 the money from the Indiana arts commission trust fund collected
791+35 under subsection (b).
792+36 SECTION 13. IC 9-18.5-21-4, AS ADDED BY P.L.198-2016,
793+37 SECTION 327, IS AMENDED TO READ AS FOLLOWS
794+38 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana health trust fund
795+39 is established.
796+40 (b) The treasurer of state shall invest the money in the Indiana
797+41 health trust fund not currently needed to meet the obligations of the
798+42 Indiana health trust fund in the same manner as other public trust funds
799+EH 1167—LS 7095/DI 139 18
800+1 are invested. Interest that accrues from these investments shall be
801+2 deposited in the Indiana health trust fund.
802+3 (c) The bureau shall administer the Indiana health trust fund.
803+4 Expenses of administering the Indiana health trust fund shall be paid
804+5 from money in the Indiana health trust fund.
805+6 (d) On June 30 of each year, The bureau shall distribute at least one
806+7 (1) time each month the money from the fund to the organization
807+8 established under section 5 of this chapter.
808+9 (e) Money in the fund at the end of a state fiscal year does not revert
809+10 to the state general fund.
810+11 SECTION 14. IC 9-18.5-22-4, AS ADDED BY P.L.198-2016,
811+12 SECTION 327, IS AMENDED TO READ AS FOLLOWS
812+13 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana Native American
813+14 trust fund is established.
814+15 (b) The treasurer of state shall invest the money in the Indiana
815+16 Native American trust fund not currently needed to meet the
816+17 obligations of the Indiana Native American trust fund in the same
817+18 manner as other public trust funds are invested. Interest that accrues
818+19 from these investments shall be deposited in the Indiana Native
819+20 American trust fund.
820+21 (c) The bureau shall administer the Indiana Native American trust
821+22 fund. Expenses of administering the Indiana Native American trust
822+23 fund shall be paid from money in the Indiana Native American trust
823+24 fund.
824+25 (d) On June 30 of each year, The bureau shall distribute at least one
825+26 (1) time each month the money from the fund to the Native American
826+27 Indian affairs commission established under IC 4-23-32.
827+28 (e) Money in the fund at the end of a state fiscal year does not revert
828+29 to the state general fund.
829+30 (f) The Native American Indian affairs commission may use money
830+31 received under this section for any lawful purpose of the Native
831+32 American Indian affairs commission.
832+33 SECTION 15. IC 9-18.5-23-3, AS AMENDED BY P.L.57-2020,
833+34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
834+35 JULY 1, 2022]: Sec. 3. (a) The fees for a first responder license plate
835+36 are as follows:
836+37 (1) An annual supplemental fee of fifteen dollars ($15) under
837+38 IC 9-18.5-12-16.
838+39 (2) An annual fee of not more than twenty-five dollars ($25) as
839+40 provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
840+41 (b) The annual fee referred to in subsection (a)(2) shall be collected
841+42 by the bureau and deposited in the fund established under
842+EH 1167—LS 7095/DI 139 19
843+1 IC 10-15-3-1.
844+2 (c) The bureau shall distribute at least one (1) time each month
845+3 the money from the fund collected under subsection (b).
846+4 SECTION 16. IC 9-18.5-26-4, AS ADDED BY P.L.198-2016,
847+5 SECTION 327, IS AMENDED TO READ AS FOLLOWS
848+6 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Lewis and Clark
849+7 expedition fund is established.
850+8 (b) The treasurer of state shall invest the money in the fund not
851+9 currently needed to meet the obligations of the fund in the same
852+10 manner as other public funds are invested. Interest that accrues from
853+11 these investments shall be deposited in the fund. Money in the fund is
854+12 continuously appropriated for the purposes of this section.
855+13 (c) The bureau shall administer the fund. Expenses of administering
856+14 the fund shall be paid from money in the fund.
857+15 (d) The bureau shall monthly distribute at least one (1) time each
858+16 month the money from the fund to the Lewis and Clark expedition
859+17 commission established by IC 14-20-15.
860+18 (e) Money in the fund at the end of a state fiscal year does not revert
861+19 to the state general fund.
862+20 SECTION 17. IC 9-18.5-28-4, AS ADDED BY P.L.198-2016,
863+21 SECTION 327, IS AMENDED TO READ AS FOLLOWS
864+22 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The fees for a National
865+23 Football League franchised football team license plate are as follows:
866+24 (1) An annual supplemental fee of ten dollars ($10). The fee shall
867+25 be distributed as follows:
868+26 (A) Five dollars ($5) to the commission fund.
869+27 (B) Five dollars ($5) to the motor vehicle highway account.
870+28 (2) An annual fee of twenty dollars ($20) for deposit in the capital
871+29 projects fund established by section 5 of this chapter.
872+30 (b) The bureau shall distribute at least one (1) time each month
873+31 the money from the capital projects fund collected under
874+32 subsection (a).
875+33 SECTION 18. IC 9-18.5-29-3, AS ADDED BY P.L.198-2016,
876+34 SECTION 327, IS AMENDED TO READ AS FOLLOWS
877+35 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual who registers
878+36 a vehicle under this title may apply for and receive a Hoosier veteran
879+37 license plate for one (1) or more vehicles upon doing the following:
880+38 (1) Completing an application for a Hoosier veteran license plate.
881+39 (2) Presenting one (1) of the following to the bureau:
882+40 (A) A United States Uniformed Services Retiree Identification
883+41 Card.
884+42 (B) A DD 214 or DD 215 record.
885+EH 1167—LS 7095/DI 139 20
886+1 (C) United States military discharge papers.
887+2 (D) A current armed forces identification card.
888+3 (E) A credential issued to the individual that contains an
889+4 indication of veteran status under IC 9-24-11-5.5.
890+5 (3) Paying a fee in an amount of fifteen dollars ($15).
891+6 (b) The bureau shall distribute at least one (1) time each month the
892+7 fee described in subsection (a)(3) to the director of veterans' affairs for
893+8 deposit in the military family relief fund established under
894+9 IC 10-17-12-8.
895+10 SECTION 19. IC 9-18.5-30-2, AS ADDED BY P.L.198-2016,
896+11 SECTION 327, IS AMENDED TO READ AS FOLLOWS
897+12 [EFFECTIVE JULY 1, 2022]: Sec. 2. A person may receive a support
898+13 our troops license plate under this chapter upon doing the following:
899+14 (1) Completing an application for a support our troops license
900+15 plate.
901+16 (2) Paying an annual fee of twenty dollars ($20).
902+17 The bureau shall distribute at least one (1) time each month the fee
903+18 described in subdivision (2) to the director of veterans' affairs for
904+19 deposit in the military family relief fund established under
905+20 IC 10-17-12-8.
906+21 SECTION 20. IC 9-18.5-31-7, AS ADDED BY P.L.198-2016,
907+22 SECTION 327, IS AMENDED TO READ AS FOLLOWS
908+23 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The Indiana State Museum
909+24 Foundation trust fund is established.
910+25 (b) The treasurer of state shall invest the money in the Indiana State
911+26 Museum Foundation trust fund not currently needed to meet the
912+27 obligations of the Indiana State Museum Foundation trust fund in the
913+28 same manner as other public funds are invested. Interest that accrues
914+29 from these investments shall be deposited in the Indiana State Museum
915+30 Foundation trust fund. Money in the Indiana State Museum Foundation
916+31 trust fund is continuously appropriated for the purposes of this section.
917+32 (c) The bureau shall administer the Indiana State Museum
918+33 Foundation trust fund. Expenses of administering the Indiana State
919+34 Museum Foundation trust fund shall be paid from money in the fund.
920+35 (d) On June 30 of each year, The bureau shall distribute at least one
921+36 (1) time each month the money from the Indiana State Museum
922+37 Foundation trust fund to the Indiana State Museum Foundation, Inc. for
923+38 use concerning the Lincoln collection.
924+39 (e) Money in the Indiana State Museum Foundation trust fund at the
925+40 end of a state fiscal year does not revert to the state general fund.
926+41 SECTION 21. IC 9-18.5-32 IS REPEALED [EFFECTIVE JULY 1,
927+42 2022]. (Earlham College Trust License Plates).
928+EH 1167—LS 7095/DI 139 21
929+1 SECTION 22. IC 9-21-8-24 IS AMENDED TO READ AS
930+2 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 24. (a) A person
931+3 may not:
932+4 (1) slow down or stop a vehicle;
933+5 (2) turn a vehicle from a direct course upon a highway; or
934+6 (3) change from one (1) traffic lane to another;
935+7 unless the movement can be made with reasonable safety.
936+8 (b) Before making a movement described in this section, a person
937+9 shall give provide notice of the person's intention by giving:
938+10 (1) a clearly audible horn signal by sounding the horn if any
939+11 pedestrian may be affected by the movement; and
940+12 (2) give an appropriate stop or turn signal in the manner provided
941+13 in sections 27 through 28 of this chapter. if any other vehicle may
942+14 be affected by the movement.
943+15 SECTION 23. IC 9-21-8-25 IS REPEALED [EFFECTIVE
944+16 JANUARY 1, 2023]. Sec. 25. A signal of intention to turn right or left
945+17 shall be given continuously during not less than the last two hundred
946+18 (200) feet traveled by a vehicle before turning or changing lanes. A
947+19 vehicle traveling in a speed zone of at least fifty (50) miles per hour
948+20 shall give a signal continuously for not less than the last three hundred
949+21 (300) feet traveled by the vehicle before turning or changing lanes.
950+22 SECTION 24. IC 9-21-8-47, AS AMENDED BY P.L.210-2005,
951+23 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
952+24 JULY 1, 2022]: Sec. 47. (a) The following vehicles must be moved or
953+25 operated so as to avoid any material damage to the highway or
954+26 unreasonable interference with other highway traffic:
955+27 (1) Machinery or equipment used in highway construction or
956+28 maintenance by the Indiana department of transportation,
957+29 counties, or municipalities.
958+30 (2) Farm drainage machinery.
959+31 (3) Implements of agriculture.
960+32 (4) Firefighting apparatus owned or operated by a political
961+33 subdivision or a volunteer fire department (as defined in
962+34 IC 36-8-12-2).
963+35 (5) Farm vehicles loaded with farm products.
964+36 (b) For purposes of this section, interference with other highway
965+37 traffic is considered unreasonable if the interference occurs for
966+38 more than ten (10) consecutive minutes. This subsection does not
967+39 apply to a vehicle in subsection (a)(1) or (a)(4).
968+40 SECTION 25. IC 9-22-1-19, AS AMENDED BY P.L.281-2019,
969+41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
970+42 JULY 1, 2022]: Sec. 19. (a) Within three (3) business days after
971+EH 1167—LS 7095/DI 139 22
972+1 removal of a vehicle to a storage yard or towing service under section
973+2 13, 14, 16, or 31 of this chapter or IC 9-22-6, the public agency or
974+3 towing service shall conduct a search of the National Motor Vehicle
975+4 Title Information System or an equivalent and commonly available data
976+5 base to attempt to obtain the last state of record of the vehicle in order
977+6 to attempt to ascertain the name and address of the person who owns
978+7 or holds a lien on the vehicle.
979+8 (b) A public agency or towing service that obtains the name and
980+9 address of the owner of or lienholder on a vehicle shall, not later than
981+10 three (3) business days after obtaining the name and address, notify the
982+11 person who owns or holds a lien on the vehicle owner of the vehicle
983+12 and any lienholder on the vehicle, as indicated by the certificate of
984+13 title or discovered by a search under subsection (a), of the
985+14 following:
986+15 (1) The name, address, and telephone number of the public
987+16 agency or towing service.
988+17 (2) That storage charges are being accrued and the vehicle is
989+18 subject to sale if the vehicle is not claimed and the charges are not
990+19 paid.
991+20 (3) The earliest possible date and location of the public sale or
992+21 auction.
993+22 The notice must be made by certified mail or a certificate of mailing or
994+23 by means of an electronic service approved by the bureau.
995+24 Notwithstanding section 4 of this chapter, a public agency or towing
996+25 service that fails to notify the owner of or lienholder on the vehicle as
997+26 set forth in this subsection may not collect additional storage costs
998+27 incurred after the date of receipt of the name and address obtained.
999+28 SECTION 26. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
1000+29 SECTION 408, IS AMENDED TO READ AS FOLLOWS
1001+30 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The application required
1002+31 under section 2 of this chapter shall be made in a manner prescribed by
1003+32 the bureau and filed with the bureau.
1004+33 (b) The application required by section 2 of this chapter must
1005+34 include the following:
1006+35 (1) The name and address of the applicant.
1007+36 (2) The year, make, model, and vehicle identification number of
1008+37 the vehicle, if ascertainable, together with any other identifying
1009+38 features.
1010+39 (3) A concise statement of the facts surrounding the abandonment
1011+40 of the vehicle, that the title of the vehicle is faulty, lost, or
1012+41 destroyed, or the reasons for disposal of the vehicle.
1013+42 (4) An affidavit executed by the applicant stating that the facts
1014+EH 1167—LS 7095/DI 139 23
1015+1 alleged in the application are true and that no material fact has
1016+2 been withheld.
1017+3 (c) The bureau shall issue a certificate of authority if:
1018+4 (1) the bureau determines that the application satisfies the
1019+5 requirements of this chapter; and
1020+6 (2) the applicant pays a fee of four dollars ($4) for each certificate
1021+7 of authority.
1022+8 The fee under subdivision (2) shall be deposited in the motor vehicle
1023+9 highway account.
1024+10 (d) The bureau shall process an electronic application for a
1025+11 certificate of authority not more than five (5) business days after
1026+12 the submission of the application if the application meets the
1027+13 requirements under section 2 of this chapter or under this section.
1028+14 (d) (e) A certificate of authority issued under this chapter must
1029+15 contain the following information:
1030+16 (1) The name and address of the person that filed the application
1031+17 required under section 2 of this chapter.
1032+18 (2) The year, make, model, and vehicle identification number, if
1033+19 ascertainable, together with any other identifying features of the
1034+20 vehicle that has been authorized to be sold for scrap metal.
1035+21 SECTION 27. IC 9-22-6-2, AS AMENDED BY P.L.157-2017,
1036+22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1037+23 JULY 1, 2022]: Sec. 2. (a) A person that performs labor, furnishes
1038+24 materials or storage, or does repair work on a vehicle at the request of
1039+25 the owner of the vehicle has a mechanic's lien on the vehicle for the
1040+26 reasonable value of the charges for the labor, materials, storage, or
1041+27 repairs.
1042+28 (b) A person that provides towing services for a vehicle at the
1043+29 request of the owner of the vehicle has a mechanic's lien on the vehicle
1044+30 for the reasonable value of the charges for the towing services and
1045+31 other related costs.
1046+32 (c) A person that has a mechanic's lien on a vehicle under
1047+33 subsection (a) or (b) may advertise the vehicle for sale if the person
1048+34 followed the procedures described in IC 9-22-1-19 and if:
1049+35 (1) the charges made under subsection (a) or (b) are not paid; and
1050+36 (2) the vehicle is not claimed;
1051+37 within thirty (30) days after the date on which the vehicle is left in or
1052+38 comes into the possession of the person for repairs, storage, towing, or
1053+39 the furnishing of materials. The vehicle may not be sold until the later
1054+40 of fifteen (15) days after the date the advertisement required by
1055+41 subsection (d) has been placed or fifteen (15) days after notice required
1056+42 by subsection (e) has been sent.
1057+EH 1167—LS 7095/DI 139 24
1058+1 (d) Before a vehicle may be sold under subsection (c) or under
1059+2 IC 9-22-1-21.5, an advertisement must be placed in a newspaper that
1060+3 is printed in English and of general circulation in the city or town in
1061+4 which the lienholder's place of business is located. If the lienholder is
1062+5 located outside the corporate limits of a city or a town, the
1063+6 advertisement must be placed in a newspaper of general circulation in
1064+7 the county in which the place of business of the lienholder is located.
1065+8 The advertisement must contain at least the following information:
1066+9 (1) A description of the vehicle, including make, year, and
1067+10 manufacturer's identification number.
1068+11 (2) The amount of the unpaid charges.
1069+12 (3) The time, place, and date of the sale.
1070+13 (e) In addition to the advertisement required under subsection (d),
1071+14 the person that holds the mechanic's lien under this section or under
1072+15 IC 9-22-1-21.5(c) must notify the owner of the vehicle and any other
1073+16 person that holds a lien of record, as indicated on the certificate of title
1074+of the vehicle or discovered as a result of the search 17 described in
1075+18 IC 9-22-1-19, by certified mail, return receipt requested, at the last
1076+19 known address of the owner or person, as applicable, that the vehicle
1077+20 will be sold at public auction on a specified date to satisfy the
1078+21 mechanic's lien imposed by this section. If the person who holds the
1079+22 mechanic's lien has proof that the notice was mailed to the owner of the
1080+23 vehicle and any person who holds a lien of record in accordance
1081+24 with this subsection, actual receipt of the notice by the owner of the
1082+25 vehicle is not required. Actual receipt of the notice by any other person
1083+26 that holds a lien of record is required unless a properly addressed
1084+27 notice is refused by the addressee or is otherwise returned to the sender
1085+28 as undeliverable.
1086+29 (f) A person that holds a mechanic's lien of record on a vehicle
1087+30 subject to sale under this section or under IC 9-22-1-21.5 may pay the
1088+31 storage, repair, towing, or service charges due. If the person that holds
1089+32 the mechanic's lien of record elects to pay the charges due, the person
1090+33 is entitled to possession of the vehicle and becomes the holder of the
1091+34 mechanic's lien imposed by this section.
1092+35 (g) If the person that owns a vehicle or the lienholder of a vehicle
1093+36 subject to sale under this section or under IC 9-22-1-21.5 does not
1094+37 claim the vehicle and satisfy the mechanic's lien on the vehicle, the
1095+38 vehicle may be sold at public sale or public auction to the highest and
1096+39 best bidder. A person that holds a mechanic's lien under this section
1097+40 may purchase a vehicle subject to sale under this section.
1098+41 (h) A person that holds a mechanic's lien under this section or under
1099+42 IC 9-22-1-21.5 may deduct and retain the amount of the mechanic's
1100+EH 1167—LS 7095/DI 139 25
1101+1 lien, the sale disposal costs, and the cost of the advertisement required
1102+2 under subsection (d) from the purchase price received for a vehicle sold
1103+3 under this section. After deducting from the purchase price the amount
1104+4 of the mechanic's lien, the sale disposal costs, and the cost of the
1105+5 advertisement, the person shall pay the surplus of the purchase price to
1106+6 the person that holds the first lien of record, as indicated on the
1107+7 certificate of title, of the vehicle. If there is no lien of record, the person
1108+8 shall pay the surplus of the purchase price to the owner of the vehicle,
1109+9 if the owner's address or whereabouts are known. If the address or
1110+10 whereabouts are not known and there is no lien of record, the surplus
1111+11 of the purchase price shall be sent to:
1112+12 (1) the abandoned vehicle fund of the city, county, or town from
1113+13 which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1114+14 (2) the clerk of courts, for all other vehicles, in the jurisdiction in
1115+15 which the business of the person that holds the mechanic's lien is
1116+16 located, for the use and benefit of the owner of the vehicle.
1117+17 (i) The person that holds the first lien of record may deduct and
1118+18 retain the amount of the lien of record from the surplus purchase price
1119+19 transferred to the person under subsection (h). After deducting the
1120+20 amount of the lien of record from the surplus purchase price transferred
1121+21 to the person under subsection (h), the person that holds the first lien
1122+22 of record shall pay any remaining surplus to the owner of the vehicle,
1123+23 if the owner's address or whereabouts are known. If the address or
1124+24 whereabouts of the owner of the vehicle are not known, the surplus of
1125+25 the purchase price shall be sent to:
1126+26 (1) the abandoned vehicle fund of the city, county, or town from
1127+27 which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1128+28 (2) the clerk of the courts for all other vehicles, in the jurisdiction
1129+29 in which the business of the person that holds the mechanic's lien
1130+30 is located, for the use and benefit of the owner of the vehicle.
1131+31 (j) A person that holds a mechanic's lien under this section shall
1132+32 execute and deliver to the purchaser of a vehicle under this section or
1133+33 under IC 9-22-1-21.5 a sales certificate in the form designated by the
1134+34 bureau, setting forth the following information:
1135+35 (1) The facts of the sale.
1136+36 (2) The vehicle identification number.
1137+37 (3) The certificate of title if available.
1138+38 (4) A certification from the newspaper showing that the
1139+39 advertisement was made as required under subsection (d).
1140+40 (5) Any other information that the bureau requires.
1141+41 Whenever the bureau receives from the purchaser an application for
1142+42 certificate of title accompanied by these items, the bureau shall issue
1143+EH 1167—LS 7095/DI 139 26
1144+1 a certificate of title for the vehicle under IC 9-17.
1145+2 (k) A person that violates this section commits a Class A infraction.
1146+3 SECTION 28. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
1147+4 SECTION 424, IS AMENDED TO READ AS FOLLOWS
1148+5 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
1149+6 driver's license or learner's permit or grant driving privileges to the
1150+7 following individuals:
1151+8 (1) An individual whose driving privileges have been suspended,
1152+9 during the period for which the driving privileges are suspended,
1153+10 or to an individual whose driver's license has been revoked, until
1154+11 the time the bureau is authorized under Indiana law to issue the
1155+12 individual a new driver's license.
1156+13 (2) An individual whose learner's permit has been suspended or
1157+14 revoked until the time the bureau is authorized under Indiana law
1158+15 to issue the individual a new learner's permit.
1159+16 (3) An individual who, in the opinion of the bureau, is afflicted
1160+17 with or suffering from a physical or mental disability or disease
1161+18 that prevents the individual from exercising reasonable and
1162+19 ordinary control over a motor vehicle while operating the motor
1163+20 vehicle on a highway.
1164+21 (4) An individual who is unable to understand highway warnings
1165+22 or direction signs written in the English language.
1166+23 (5) An individual who is required under this article to take an
1167+24 examination unless:
1168+25 (A) the individual successfully passes the examination; or
1169+26 (B) the bureau waives the examination requirement.
1170+27 (6) An individual who is required under IC 9-25 or any other
1171+28 statute to deposit or provide proof of financial responsibility and
1172+29 who has not deposited or provided that proof.
1173+30 (7) An individual when the bureau has good cause to believe that
1174+31 the operation of a motor vehicle on a highway by the individual
1175+32 would be inimical to public safety or welfare.
1176+33 (8) An individual who is the subject of an order issued by:
1177+34 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
1178+35 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
1179+36 (B) the Title IV-D agency;
1180+37 ordering that a driver's license or permit not be issued to the
1181+38 individual.
1182+39 (9) An individual who has not presented valid documentary
1183+40 evidence to the bureau of the individual's legal status in the
1184+41 United States, as required by IC 9-24-9-2.5.
1185+42 (10) An individual who does not otherwise satisfy the
1186+EH 1167—LS 7095/DI 139 27
1187+1 requirements of this article.
1188+2 (b) An individual subject to epileptic seizures may not be denied a
1189+3 driver's license or permit under this section if the individual presents
1190+4 a statement from a licensed physician or an advanced practice
1191+5 registered nurse, on a form prescribed by the bureau, that the
1192+6 individual is under medication and is free from seizures while under
1193+7 medication.
1194+8 SECTION 29. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
1195+9 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1196+10 JULY 1, 2022]: Sec. 3.5. (a) If a valid computerized image or digital
1197+11 photograph of an individual exists within the records of the
1198+12 bureau, an individual may apply for a replacement driver's license or
1199+13 learner's permit by electronic service. subject to the following
1200+14 conditions:
1201+15 (1) A valid computerized image or digital photograph of the
1202+16 individual must exist within the records of the bureau.
1203+17 (2) The individual must be a citizen of the United States, as
1204+18 shown in the records of the bureau.
1205+19 (b) An individual applying for a replacement of a driver's license or
1206+20 a learner's permit must apply in person at a license branch if the
1207+21 individual is not entitled to apply by mail or by electronic service under
1208+22 subsection (a).
1209+23 SECTION 30. IC 9-30-3-8.5, AS ADDED BY P.L.86-2021,
1210+24 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1211+25 JULY 1, 2022]: Sec. 8.5. (a) Upon receipt by the bureau of a notice of
1212+26 suspension for failure to satisfy a judgment under section 8 of this
1213+27 chapter, the bureau shall send a request for proof of future financial
1214+28 responsibility to the person.
1215+29 (b) During the three (3) years following a suspension under section
1216+30 8 of this chapter, the person's driving privileges remain suspended
1217+31 unless the person:
1218+32 (1) satisfies the judgment; or
1219+33 (2) provides proof of future financial responsibility under IC 9-25.
1220+34 (c) Upon receipt of proof of future financial responsibility, the
1221+35 bureau shall stay a suspension under section 8 of this chapter.
1222+36 (d) If at any time during the three (3) years following a suspension
1223+37 under section 8 of this chapter, a person:
1224+38 (1) has provided proof of future financial responsibility under
1225+39 IC 9-25; and
1226+40 (2) fails to maintain proof of future financial responsibility;
1227+41 the bureau shall suspend the person's driving privileges until the person
1228+42 provides proof of future financial responsibility under IC 9-25 or the
1229+EH 1167—LS 7095/DI 139 28
1230+1 suspension is terminated by the bureau.
1231+2 (e) The bureau shall waive reinstatement fees for a suspension under
1232+3 section 8 of this chapter if the person:
1233+4 (1) satisfies the judgment; or
1234+5 (2) maintains proof of financial responsibility for three (3) years.
1235+6 (f) For a suspension for failure to satisfy a judgment under
1236+7 section 8 of this chapter imposed before December 31, 2021, the
1237+8 suspension terminates on December 31, 2024.
1238+9 SECTION 31. IC 9-30-16-4, AS AMENDED BY P.L.198-2016,
1239+10 SECTION 609, IS AMENDED TO READ AS FOLLOWS
1240+11 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) An individual whose driving
1241+12 privileges have been suspended by the bureau by an administrative
1242+13 action and not by a court order may petition a court for specialized
1243+14 driving privileges as described in section 3(b) through 3(d) of this
1244+15 chapter.
1245+16 (b) A petition filed under this section must:
1246+17 (1) be verified by the petitioner;
1247+18 (2) state the petitioner's age, date of birth, and address;
1248+19 (3) state the grounds for relief and the relief sought;
1249+20 (4) be filed in the appropriate county, as determined under
1250+21 subsection (d);
1251+22 (5) be filed in a circuit or superior court; and
1252+23 (6) be served on the bureau and the prosecuting attorney.
1253+24 (c) A prosecuting attorney shall appear on behalf of the bureau to
1254+25 respond to a petition filed under this section.
1255+26 (d) An individual whose driving privileges are suspended in Indiana
1256+27 must may file a petition for specialized driving privileges. The petition
1257+28 must be filed as follows:
1258+29 (1) Except as provided in subdivision (2), if the individual is an
1259+30 Indiana resident, in the county in which the individual resides.
1260+31 (2) If the individual is an Indiana resident and is subject to an
1261+32 active administrative suspension under this section in addition
1262+33 to an active court ordered suspension under section 3 or 3.5
1263+34 of this chapter, in the court that has ordered or imposed a
1264+35 suspension of the individual's driving privileges.
1265+36 (2) (3) If the individual was an Indiana resident at the time the
1266+37 individual's driving privileges were suspended but is currently a
1267+38 nonresident, in the county in which the individual's most recent
1268+39 Indiana moving violation judgment was entered against the
1269+40 individual.
1270+41 SECTION 32. IC 9-32-5-6, AS AMENDED BY P.L.198-2016,
1271+42 SECTION 625, IS AMENDED TO READ AS FOLLOWS
1272+EH 1167—LS 7095/DI 139 29
1273+1 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If a dealer purchases or
1274+2 acquires ownership of a motor vehicle in a state that does not have a
1275+3 certificate of title law, the dealer shall apply for an Indiana certificate
1276+4 of title for the motor vehicle not more than forty-five (45) days after the
1277+5 date of purchase or the date ownership of the motor vehicle was
1278+6 acquired.
1279+7 (b) The bureau shall collect an administrative penalty as provided
1280+8 in IC 9-17-2-14.7 if a dealer fails to apply for a certificate of title for a
1281+9 motor vehicle as described in subsection (a).
1282+10 SECTION 33. IC 9-32-11-20, AS AMENDED BY P.L.245-2019,
1283+11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1284+12 JULY 1, 2022]: Sec. 20. (a) This section does not apply to:
1285+13 (1) a manufacturer of a trailer or semitrailer; or
1286+14 (2) a manufacturer that produces fewer than one thousand (1,000)
1287+15 units per year.
1288+16 (b) Except as provided in subsection (d) or under
1289+17 IC 9-32-13-23(a)(3), a manufacturer or distributor may not sell or
1290+18 offer to sell, directly or indirectly, a new motor vehicle to the
1291+19 general public in Indiana except through a new motor vehicle
1292+20 dealer holding a franchise for the line make covering the new
1293+21 motor vehicle. This subsection does not apply to the sales of new
1294+22 motor vehicles by a manufacturer or franchisor to:
1295+23 (1) the federal government;
1296+24 (2) a charitable organization; or
1297+25 (3) an employee of the manufacturer or distributor.
1298+26 (b) (c) Except as provided in subsection (c), (d), a manufacturer or
1299+27 distributor may not engage in sales directly to the general public in
1300+28 Indiana.
1301+29 (c) (d) A manufacturer or distributor may engage in sales directly
1302+30 to the general public in Indiana only if:
1303+31 (1) the manufacturer or distributor was granted an initial license
1304+32 to sell new motor vehicles before July 1, 2015; and
1305+33 (2) the manufacturer or distributor establishes at least one (1)
1306+34 physical location in Indiana that is a warranty repair service
1307+35 center before January 1, 2018.
1308+36 (d) (e) A manufacturer or distributor described in subsection (c) (d)
1309+37 must stop engaging in sales directly to the general public in Indiana if
1310+38 the manufacturer or distributor sells, transfers, or conveys a majority
1311+39 interest in the manufacturer or distributor to another person that is
1312+40 required to be licensed under this chapter.
1313+41 (e) For purposes of this subsection, "subscription program" means
1314+42 a subscription service that, for a recurring fee and for a limited period
1315+EH 1167—LS 7095/DI 139 30
1316+1 of time, allows a participating person exclusive use of a motor vehicle
1317+2 owned by an entity that controls or contracts with the subscription
1318+3 service. The term does not include leases, short term motor vehicle
1319+4 rentals, or services that allow short term sharing of a motor vehicle.
1320+5 Subscription programs are prohibited in Indiana. This subsection
1321+6 expires on May 1, 2020.
1322+7 SECTION 34. An emergency is declared for this act.
1323+EH 1167—LS 7095/DI 139 31
1324+COMMITTEE REPORT
1325+Mr. Speaker: Your Committee on Roads and Transportation, to
1326+which was referred House Bill 1167, has had the same under
1327+consideration and begs leave to report the same back to the House with
1328+the recommendation that said bill be amended as follows:
1329+Page 14, between lines 7 and 8, begin a new paragraph and insert:
1330+"SECTION 21. IC 9-21-8-47, AS AMENDED BY P.L.210-2005,
1331+SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1332+JULY 1, 2022]: Sec. 47. (a) The following vehicles must be moved or
1333+operated so as to avoid any material damage to the highway or
1334+unreasonable interference with other highway traffic:
1335+(1) Machinery or equipment used in highway construction or
1336+maintenance by the Indiana department of transportation,
1337+counties, or municipalities.
1338+(2) Farm drainage machinery.
1339+(3) Implements of agriculture.
1340+(4) Firefighting apparatus owned or operated by a political
1341+subdivision or a volunteer fire department (as defined in
1342+IC 36-8-12-2).
1343+(5) Farm vehicles loaded with farm products.
1344+(b) For purposes of this section, interference with other highway
1345+traffic is considered unreasonable if the interference occurs for
1346+more than ten (10) consecutive minutes.".
1347+Page 16, after line 26, begin a new paragraph and insert:
1348+"SECTION 25. IC 9-32-11-20, AS AMENDED BY P.L.245-2019,
1349+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1350+JULY 1, 2022]: Sec. 20. (a) This section does not apply to:
1351+(1) a manufacturer of a trailer or semitrailer; or
1352+(2) a manufacturer that produces fewer than one thousand (1,000)
1353+units per year.
1354+(b) Except as provided in subsection (d), a manufacturer or
1355+distributor may not sell or offer to sell, directly or indirectly, a new
1356+motor vehicle to the general public in Indiana except through a
1357+new motor vehicle dealer holding a franchise for the line make
1358+covering the new motor vehicle. This subsection does not apply to
1359+the sales of new motor vehicles by a manufacturer or franchisor to:
1360+(1) the federal government;
1361+(2) a charitable organization;
1362+(3) an employee of the manufacturer or distributor; or
1363+(4) a manufacturer or distributor under IC 9-32-13-23(a)(3).
1364+(b) (c) Except as provided in subsection (c), (d), a manufacturer or
1365+distributor may not engage in sales directly to the general public in
1366+EH 1167—LS 7095/DI 139 32
1367+Indiana.
1368+(c) (d) A manufacturer or distributor may engage in sales directly
1369+to the general public in Indiana only if:
1370+(1) the manufacturer or distributor was granted an initial license
1371+to sell new motor vehicles before July 1, 2015; and
1372+(2) the manufacturer or distributor establishes at least one (1)
1373+physical location in Indiana that is a warranty repair service
1374+center before January 1, 2018.
1375+(d) (e) A manufacturer or distributor described in subsection (c) (d)
1376+must stop engaging in sales directly to the general public in Indiana if
1377+the manufacturer or distributor sells, transfers, or conveys a majority
1378+interest in the manufacturer or distributor to another person that is
1379+required to be licensed under this chapter.
1380+(e) For purposes of this subsection, "subscription program" means
1381+a subscription service that, for a recurring fee and for a limited period
1382+of time, allows a participating person exclusive use of a motor vehicle
1383+owned by an entity that controls or contracts with the subscription
1384+service. The term does not include leases, short term motor vehicle
1385+rentals, or services that allow short term sharing of a motor vehicle.
1386+Subscription programs are prohibited in Indiana. This subsection
1387+expires on May 1, 2020.".
1388+Renumber all SECTIONS consecutively.
1389+and when so amended that said bill do pass.
1390+(Reference is to HB 1167 as introduced.)
1391+PRESSEL
1392+Committee Vote: yeas 11, nays 0.
1393+_____
1394+HOUSE MOTION
1395+Mr. Speaker: I move that House Bill 1167 be amended to read as
1396+follows:
1397+Page 14, line 24, after "minutes." insert "This subsection does not
1398+apply to a vehicle in subsection (a)(1) or (a)(4).".
1399+Page 15, line 7, reset in roman "or a certificate of mailing".
1400+Page 15, between lines 12 and 13, begin a new paragraph and insert:
1401+"SECTION 23. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
1402+SECTION 408, IS AMENDED TO READ AS FOLLOWS
1403+EH 1167—LS 7095/DI 139 33
1404+[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The application required
1405+under section 2 of this chapter shall be made in a manner prescribed by
1406+the bureau and filed with the bureau.
1407+(b) The application required by section 2 of this chapter must
1408+include the following:
1409+(1) The name and address of the applicant.
1410+(2) The year, make, model, and vehicle identification number of
1411+the vehicle, if ascertainable, together with any other identifying
1412+features.
1413+(3) A concise statement of the facts surrounding the abandonment
1414+of the vehicle, that the title of the vehicle is faulty, lost, or
1415+destroyed, or the reasons for disposal of the vehicle.
1416+(4) An affidavit executed by the applicant stating that the facts
1417+alleged in the application are true and that no material fact has
1418+been withheld.
1419+(c) The bureau shall issue a certificate of authority if:
1420+(1) the bureau determines that the application satisfies the
1421+requirements of this chapter; and
1422+(2) the applicant pays a fee of four dollars ($4) for each certificate
1423+of authority.
1424+The fee under subdivision (2) shall be deposited in the motor vehicle
1425+highway account.
1426+(d) The bureau shall process an electronic application for a
1427+certificate of authority not more than five (5) business days after
1428+the submission of the application if the application meets the
1429+requirements under section 2 of this chapter or under this section.
1430+(d) (e) A certificate of authority issued under this chapter must
1431+contain the following information:
1432+(1) The name and address of the person that filed the application
1433+required under section 2 of this chapter.
1434+(2) The year, make, model, and vehicle identification number, if
1435+ascertainable, together with any other identifying features of the
1436+vehicle that has been authorized to be sold for scrap metal.".
1437+Page 16, between lines 32 and 33, begin a new paragraph and insert:
1438+"SECTION 26. IC 9-30-3-8.5, AS ADDED BY P.L.86-2021,
1439+SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1440+JULY 1, 2022]: Sec. 8.5. (a) Upon receipt by the bureau of a notice of
1441+suspension for failure to satisfy a judgment under section 8 of this
1442+chapter, the bureau shall send a request for proof of future financial
1443+responsibility to the person.
1444+(b) During the three (3) years following a suspension under section
1445+8 of this chapter, the person's driving privileges remain suspended
1446+EH 1167—LS 7095/DI 139 34
1447+unless the person:
1448+(1) satisfies the judgment; or
1449+(2) provides proof of future financial responsibility under IC 9-25.
1450+(c) Upon receipt of proof of future financial responsibility, the
1451+bureau shall stay a suspension under section 8 of this chapter.
1452+(d) If at any time during the three (3) years following a suspension
1453+under section 8 of this chapter, a person:
1454+(1) has provided proof of future financial responsibility under
1455+IC 9-25; and
1456+(2) fails to maintain proof of future financial responsibility;
1457+the bureau shall suspend the person's driving privileges until the person
1458+provides proof of future financial responsibility under IC 9-25 or the
1459+suspension is terminated by the bureau.
1460+(e) The bureau shall waive reinstatement fees for a suspension under
1461+section 8 of this chapter if the person:
1462+(1) satisfies the judgment; or
1463+(2) maintains proof of financial responsibility for three (3) years.
1464+(f) For a suspension for failure to satisfy a judgment under
1465+section 8 of this chapter imposed before December 31, 2021, the
1466+suspension terminates on December 31, 2024.".
1467+Page 17, line 8, after "(d)" insert "or under IC 9-32-13-23(a)(3)".
1468+Page 17, line 15, after "organization;" insert "or".
1469+Page 17, line 16, delete "distributor; or" and insert "distributor.".
1470+Page 17, delete line 17.
1471+Renumber all SECTIONS consecutively.
1472+(Reference is to HB 1167 as printed January 13, 2022.)
1473+PRESSEL
1474+_____
1475+HOUSE MOTION
1476+Mr. Speaker: I move that House Bill 1167 be amended to read as
1477+follows:
1478+Page 15, line 7, reset in roman "or a certificate of mailing".
1479+Page 15, between lines 12 and 13, begin a new paragraph and insert:
1480+"SECTION 23. IC 9-22-6-2, AS AMENDED BY P.L.157-2017,
1481+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1482+JULY 1, 2022]: Sec. 2. (a) A person that performs labor, furnishes
1483+materials or storage, or does repair work on a vehicle at the request of
1484+EH 1167—LS 7095/DI 139 35
1485+the owner of the vehicle has a mechanic's lien on the vehicle for the
1486+reasonable value of the charges for the labor, materials, storage, or
1487+repairs.
1488+(b) A person that provides towing services for a vehicle at the
1489+request of the owner of the vehicle has a mechanic's lien on the vehicle
1490+for the reasonable value of the charges for the towing services and
1491+other related costs.
1492+(c) A person that has a mechanic's lien on a vehicle under
1493+subsection (a) or (b) may advertise the vehicle for sale if the person
1494+followed the procedures described in IC 9-22-1-19 and if:
1495+(1) the charges made under subsection (a) or (b) are not paid; and
1496+(2) the vehicle is not claimed;
1497+within thirty (30) days after the date on which the vehicle is left in or
1498+comes into the possession of the person for repairs, storage, towing, or
1499+the furnishing of materials. The vehicle may not be sold until the later
1500+of fifteen (15) days after the date the advertisement required by
1501+subsection (d) has been placed or fifteen (15) days after notice required
1502+by subsection (e) has been sent.
1503+(d) Before a vehicle may be sold under subsection (c) or under
1504+IC 9-22-1-21.5, an advertisement must be placed in a newspaper that
1505+is printed in English and of general circulation in the city or town in
1506+which the lienholder's place of business is located. If the lienholder is
1507+located outside the corporate limits of a city or a town, the
1508+advertisement must be placed in a newspaper of general circulation in
1509+the county in which the place of business of the lienholder is located.
1510+The advertisement must contain at least the following information:
1511+(1) A description of the vehicle, including make, year, and
1512+manufacturer's identification number.
1513+(2) The amount of the unpaid charges.
1514+(3) The time, place, and date of the sale.
1515+(e) In addition to the advertisement required under subsection (d),
1516+the person that holds the mechanic's lien under this section or under
1517+IC 9-22-1-21.5(c) must notify the owner of the vehicle and any other
1518+person that holds a lien of record, as indicated on the certificate of title
1519+of the vehicle or discovered as a result of the search described in
1520+IC 9-22-1-19, by certified mail, return receipt requested, at the last
1521+known address of the owner or person, as applicable, that the vehicle
1522+will be sold at public auction on a specified date to satisfy the
1523+mechanic's lien imposed by this section. If the person who holds the
1524+mechanic's lien has proof that the notice was mailed to the owner of the
1525+vehicle and any person who holds a lien of record in accordance
1526+with this subsection, actual receipt of the notice by the owner of the
1527+EH 1167—LS 7095/DI 139 36
1528+vehicle is not required. Actual receipt of the notice by any other person
1529+that holds a lien of record is required unless a properly addressed
1530+notice is refused by the addressee or is otherwise returned to the sender
1531+as undeliverable.
1532+(f) A person that holds a mechanic's lien of record on a vehicle
1533+subject to sale under this section or under IC 9-22-1-21.5 may pay the
1534+storage, repair, towing, or service charges due. If the person that holds
1535+the mechanic's lien of record elects to pay the charges due, the person
1536+is entitled to possession of the vehicle and becomes the holder of the
1537+mechanic's lien imposed by this section.
1538+(g) If the person that owns a vehicle or the lienholder of a vehicle
1539+subject to sale under this section or under IC 9-22-1-21.5 does not
1540+claim the vehicle and satisfy the mechanic's lien on the vehicle, the
1541+vehicle may be sold at public sale or public auction to the highest and
1542+best bidder. A person that holds a mechanic's lien under this section
1543+may purchase a vehicle subject to sale under this section.
1544+(h) A person that holds a mechanic's lien under this section or under
1545+IC 9-22-1-21.5 may deduct and retain the amount of the mechanic's
1546+lien, the sale disposal costs, and the cost of the advertisement required
1547+under subsection (d) from the purchase price received for a vehicle sold
1548+under this section. After deducting from the purchase price the amount
1549+of the mechanic's lien, the sale disposal costs, and the cost of the
1550+advertisement, the person shall pay the surplus of the purchase price to
1551+the person that holds the first lien of record, as indicated on the
1552+certificate of title, of the vehicle. If there is no lien of record, the person
1553+shall pay the surplus of the purchase price to the owner of the vehicle,
1554+if the owner's address or whereabouts are known. If the address or
1555+whereabouts are not known and there is no lien of record, the surplus
1556+of the purchase price shall be sent to:
1557+(1) the abandoned vehicle fund of the city, county, or town from
1558+which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1559+(2) the clerk of courts, for all other vehicles, in the jurisdiction in
1560+which the business of the person that holds the mechanic's lien is
1561+located, for the use and benefit of the owner of the vehicle.
1562+(i) The person that holds the first lien of record may deduct and
1563+retain the amount of the lien of record from the surplus purchase price
1564+transferred to the person under subsection (h). After deducting the
1565+amount of the lien of record from the surplus purchase price transferred
1566+to the person under subsection (h), the person that holds the first lien
1567+of record shall pay any remaining surplus to the owner of the vehicle,
1568+if the owner's address or whereabouts are known. If the address or
1569+whereabouts of the owner of the vehicle are not known, the surplus of
1570+EH 1167—LS 7095/DI 139 37
1571+the purchase price shall be sent to:
1572+(1) the abandoned vehicle fund of the city, county, or town from
1573+which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1574+(2) the clerk of the courts for all other vehicles, in the jurisdiction
1575+in which the business of the person that holds the mechanic's lien
1576+is located, for the use and benefit of the owner of the vehicle.
1577+(j) A person that holds a mechanic's lien under this section shall
1578+execute and deliver to the purchaser of a vehicle under this section or
1579+under IC 9-22-1-21.5 a sales certificate in the form designated by the
1580+bureau, setting forth the following information:
1581+(1) The facts of the sale.
1582+(2) The vehicle identification number.
1583+(3) The certificate of title if available.
1584+(4) A certification from the newspaper showing that the
1585+advertisement was made as required under subsection (d).
1586+(5) Any other information that the bureau requires.
1587+ Whenever the bureau receives from the purchaser an application for
1588+certificate of title accompanied by these items, the bureau shall issue
1589+a certificate of title for the vehicle under IC 9-17.
1590+(k) A person that violates this section commits a Class A
1591+infraction.".
1592+Renumber all SECTIONS consecutively.
1593+(Reference is to HB 1167 as printed January 13, 2022.)
1594+AUSTIN
1595+_____
1596+COMMITTEE REPORT
1597+Madam President: The Senate Committee on Homeland Security
1598+and Transportation, to which was referred House Bill No. 1167, has
1599+had the same under consideration and begs leave to report the same
1600+back to the Senate with the recommendation that said bill be
1601+AMENDED as follows:
1602+Page 7, between lines 21 and 22, begin a new paragraph and insert:
1603+"SECTION 6. IC 9-17-5-6, AS ADDED BY P.L.81-2021, SECTION
2691604 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
2701605 PASSAGE]: Sec. 6. (a) As used in this section, "qualified service
2711606 provider" means a person able to provide electronic lien or electronic
2721607 title services in coordination with vehicle lienholders and state
1608+EH 1167—LS 7095/DI 139 38
2731609 departments of motor vehicles.
2741610 (b) As used in this section, "qualified vendor" refers to a person with
2751611 whom the bureau contracts to:
2761612 (1) develop;
2771613 (2) implement; and
2781614 (3) provide ongoing support with respect to;
2791615 a statewide electronic lien and title system under this section.
2801616 (c) As used in this section, "statewide electronic lien and title
2811617 system" or "system" means a statewide electronic lien and title system
2821618 implemented by the bureau under this section to process:
2831619 (1) vehicle titles;
2841620 (2) certificate of title data in which a lien is notated; and
2851621 (3) the notification, maintenance, and release of security interests
2861622 in vehicles;
2871623 through electronic means instead of paper documents.
2881624 (d) Not later than the dates set forth in subsection (h), the bureau
2891625 shall implement a statewide electronic lien and title system for the
2901626 following purposes:
2911627 (1) To facilitate and promote commerce and governmental
2921628 transactions by validating and authorizing the use of electronic
2931629 records.
2941630 (2) To modernize the law and eliminate barriers to electronic
2951631 commerce and governmental transactions resulting from
2961632 uncertainties related to handwritten and other written materials.
2971633 (3) To promote uniformity of the law among the states relating to
2981634 the use of electronic and similar technological means of effecting
2991635 and performing commercial and governmental transactions.
3001636 (4) To promote public confidence in the validity, integrity, and
3011637 reliability of electronic commerce and governmental transactions.
3021638 (5) To promote the development of the legal and business
3031639 infrastructure necessary to implement electronic commerce and
3041640 governmental transactions.
3051641 (e) The bureau may:
3061642 (1) contract with one (1) or more qualified vendors to develop and
307-HEA 1167 — Concur 8
3081643 implement a statewide electronic lien and title system; or
3091644 (2) develop and make available to qualified service providers a
3101645 well defined set of information services that will enable secure
3111646 access to the data and internal application components necessary
3121647 to facilitate the creation of a statewide electronic lien and title
3131648 system.
3141649 (f) If the bureau elects under subsection (e)(1) to contract with one
3151650 (1) or more qualified vendors to develop and implement a statewide
1651+EH 1167—LS 7095/DI 139 39
3161652 electronic lien and title system, the following apply:
3171653 (1) The bureau shall issue a competitive request for proposals to
3181654 assess the qualifications of any vendor seeking to develop,
3191655 implement, and provide ongoing support for the system. The
3201656 bureau may reserve the right to receive input concerning
3211657 specifications for the establishment and operation of the system
3221658 from parties that do not respond to the bureau's request for
3231659 proposals.
3241660 (2) A contract entered into between the bureau and a qualified
3251661 vendor may not provide for any costs or charges payable by the
3261662 bureau to the qualified vendor. The qualified vendor shall
3271663 reimburse the bureau for any reasonable and documented costs
3281664 incurred by the bureau and directly associated with the
3291665 development, implementation, or ongoing support of the system.
3301666 (3) Upon implementing a statewide electronic lien and title
3311667 system under this section, the qualified vendor may charge
3321668 participating lienholders or their agents a fee for each lien
3331669 notification transaction provided through the system, in order to
3341670 recover the qualified vendor's costs associated with the
3351671 development, implementation, and ongoing administration of the
3361672 system. A lien notification fee under this subdivision must be
3371673 consistent with market pricing and may not exceed three dollars
3381674 and fifty cents ($3.50). The qualified vendor may not charge
3391675 lienholders or their agents any additional fee for lien releases,
3401676 assignments, or transfers. The qualified vendor may not charge a
3411677 fee under this subdivision to a state agency or its agents for lien
3421678 notification, lien release, lien assignment, or lien transfer. To
3431679 recover their costs associated with the lien, participating
3441680 lienholders or their agents may charge:
3451681 (A) the borrower in a vehicle loan; or
3461682 (B) the lessee in a vehicle lease;
3471683 an amount equal to any lien notification fee imposed by the
3481684 qualified vendor under this subdivision, plus a fee in an amount
3491685 not to exceed three dollars ($3) for each electronic transaction in
3501686 which a lien is notated.
3511687 (4) A qualified vendor may also serve as a qualified service
352-HEA 1167 — Concur 9
3531688 provider to motor vehicle lienholders if the following conditions
3541689 are met:
3551690 (A) The contract between the bureau and the qualified vendor
3561691 must include provisions specifically prohibiting the qualified
3571692 vendor from using information concerning vehicle titles for
3581693 any commercial, marketing, business, or other purpose not
1694+EH 1167—LS 7095/DI 139 40
3591695 specifically contemplated by this chapter.
3601696 (B) The contract between the bureau and the qualified vendor
3611697 must include an acknowledgment by the qualified vendor that
3621698 the qualified vendor is required to enter into agreements to
3631699 exchange electronic lien data with any:
3641700 (i) qualified service providers that offer electronic lien or
3651701 title services in Indiana and that have been approved by the
3661702 bureau for participation in the system; and
3671703 (ii) qualified service providers that are not qualified vendors.
3681704 (C) The bureau must periodically monitor the fees charged by
3691705 a qualified vendor that also:
3701706 (i) serves as a qualified service provider to lienholders; or
3711707 (ii) provides services as a qualified vendor to other qualified
3721708 service providers;
3731709 to ensure that the qualified vendor is not engaging in predatory
3741710 pricing.
3751711 (g) If the bureau elects under subsection (e)(2) to develop an
3761712 interface to provide qualified service providers secure access to data to
3771713 facilitate the creation of a statewide electronic lien and title system, the
3781714 following apply:
3791715 (1) The bureau shall establish:
3801716 (A) the total cost to develop the statewide electronic lien and
3811717 title system by July 1, 2021; 2022;
3821718 (B) qualifications for third party service providers offering
3831719 electronic lien services; and
3841720 (C) a qualification process to:
3851721 (i) evaluate electronic lien and title system technologies
3861722 developed by third party service providers; and
3871723 (ii) determine whether such technologies comply with
3881724 defined security and platform standards.
3891725 (2) Not later than February July 1, 2022, the bureau shall publish
3901726 on the bureau's Internet web site the qualifications established by
3911727 the bureau under subdivision (1). A third party service provider
3921728 that seeks to become qualified by the bureau under this subsection
3931729 must demonstrate the service provider's qualifications, in the form
3941730 and manner specified by the bureau, not later than thirty (30) days
3951731 after the date of the bureau's publication under this subdivision.
3961732 After the elapse of the thirty (30) day period during which third
397-HEA 1167 — Concur 10
3981733 party service providers may respond to the bureau's publication
3991734 under this subdivision, the bureau shall notify each responding
4001735 third party service provider as to:
4011736 (A) the total cost to develop the system, as determined by
1737+EH 1167—LS 7095/DI 139 41
4021738 the bureau under subdivision (1); and
4031739 (B) whether the third party service provider has met the
4041740 qualifications established by the bureau under subdivision (1)
4051741 and is approved to participate in the statewide electronic lien
4061742 and title system.
4071743 (3) Not later than thirty (30) days after receiving a notice of
4081744 approval from the bureau under subdivision (2), each qualified
4091745 service provider shall remit to the bureau a payment in an amount
4101746 equal to the total development costs of the system divided by the
4111747 total number of qualified service providers participating in the
4121748 system. notify the bureau of the qualified service provider's
4131749 intention to participate in the statewide electronic lien and
4141750 title system.
4151751 (4) If a third party service provider that did not:
4161752 (A) submit proof of its qualifications under subdivision (2); or
4171753 (B) pay initial development costs under subdivision (3);
4181754 later wishes to participate in the system, the third party service
4191755 provider may apply to the bureau to participate in the system. The
4201756 bureau shall allow the third party service provider to participate
4211757 in the system if the third party service provider meets the
4221758 qualifications established by the bureau under subdivision (1) and
4231759 pays to the department the third party service provider's
4241760 proportional share of the system development costs.
4251761 (5) Each qualified service provider shall remit to the bureau, on
4261762 a date prescribed by the bureau, an annual fee established by the
4271763 bureau and not to exceed three thousand dollars ($3,000), to be
4281764 used for the operation and maintenance of the system.
4291765 (4) Upon implementing a statewide electronic lien and title
4301766 system under this section, the bureau may charge
4311767 participating service providers or their agents a fee for each
4321768 lien transaction provided through the system in order to
4331769 recover the bureau's costs associated with the development,
4341770 implementation, and ongoing administration of the system. A
4351771 fee under this subdivision must be consistent with market
4361772 pricing and may not exceed three dollars and twenty-five
4371773 cents ($3.25). A fee collected under this subdivision shall be
4381774 deposited in the commission fund. Fees collected by the
4391775 bureau for the implementation of a statewide electronic lien
4401776 and title system are limited to those contained in this
4411777 subdivision. This subdivision expires July 1, 2025.
442-HEA 1167 — Concur 11
4431778 (6) (5) A contract entered into between the bureau and a qualified
4441779 service provider may not provide for any costs or charges payable
1780+EH 1167—LS 7095/DI 139 42
4451781 by the bureau to the qualified service provider.
4461782 (7) (6) Upon the implementation of a statewide electronic lien and
4471783 title system under this section, a qualified service provider may
4481784 charge participating lienholders or their agents transaction fees
4491785 consistent with market pricing in addition to the fees described
450-in subdivision (4). A fee under this subdivision may not be
451-charged to a state agency or its agents for lien notification, lien
452-release, lien assignment, or lien transfer. To recover their costs
1786+in subdivision 4. A fee under this subdivision may not be charged
1787+to a state agency or its agents for lien notification, lien release,
1788+lien assignment, or lien transfer. To recover their costs
4531789 associated with a lien, participating lienholders or their agents
4541790 may charge:
4551791 (A) the borrower in a vehicle loan; or
4561792 (B) the lessee in a vehicle lease;
4571793 an amount equal to any fee imposed by a qualified service
4581794 provider under this subdivision, plus a fee in an amount not
4591795 to exceed three dollars ($3) for each electronic transaction in
460-which a lien is notated. This subdivision expires July 1, 2025.
1796+which a lien is notated.
4611797 (8) (7) The contract between the bureau and a qualified service
4621798 provider must include provisions specifically prohibiting the
4631799 qualified service provider from using information concerning
4641800 vehicle titles for any commercial, marketing, business, or other
4651801 purpose not specifically contemplated by this chapter.
4661802 (h) Subject to subsection (i), the bureau shall implement, and allow
4671803 or require the use of, a statewide electronic lien and title system under
4681804 this section as follows:
4691805 (1) A statewide electronic lien system that is capable of
4701806 processing:
4711807 (A) certificate of title data in which a lien is notated; and
4721808 (B) the notification, maintenance, and release of security
4731809 interests in vehicles;
4741810 through electronic means must be made available for voluntary
4751811 use by vehicle lienholders not later than February July 1, 2022.
4761812 (2) Subject to subsection (j)(5), the bureau shall require that the
4771813 statewide electronic lien system made available under subdivision
4781814 (1) be used for processing:
4791815 (A) certificate of title data in which a lien is notated; and
4801816 (B) the notification, maintenance, and release of security
4811817 interests in vehicles;
4821818 after June 30, 2022. 2023.
4831819 (3) A statewide electronic title system capable of processing
4841820 vehicle titles through electronic means must be made available for
4851821 voluntary use by vehicle dealers, lienholders, and owners not later
4861822 than July 1, 2022. 2025.
487-HEA 1167 — Concur 12
1823+EH 1167—LS 7095/DI 139 43
4881824 (4) The bureau shall require that the statewide electronic title
4891825 system made available under subdivision (3) be used for
4901826 processing vehicle titles after June 30, 2023. 2026.
4911827 (i) Subsection (h) does not prohibit the bureau or any:
4921828 (1) qualified vendor with whom the bureau contracts under
4931829 subsection (f); or
4941830 (2) qualified service provider with whom the bureau contracts
4951831 under subsection (g);
4961832 from implementing, making available, or requiring the use of a
4971833 statewide electronic lien system described in subsection (h)(1) at the
4981834 same time as, or in conjunction with, a statewide electronic title system
4991835 described in subsection (h)(3), or from implementing, making
5001836 available, or requiring the use of a statewide electronic lien system
5011837 described in subsection (h)(1) or a statewide electronic title system
5021838 described in subsection (h)(3) before the applicable dates otherwise set
5031839 forth in subsection (h).
5041840 (j) The following apply to the use of a statewide electronic lien
5051841 system described in subsection (h)(1):
5061842 (1) Notwithstanding section 5(b) of this chapter, if there are one
5071843 (1) or more liens or encumbrances on a motor vehicle, the bureau
5081844 may electronically transmit the lien to the first lienholder and
5091845 notify the first lienholder of any additional liens. Subsequent lien
5101846 satisfactions may be electronically transmitted to the bureau and
5111847 must include the name and address of the person satisfying the
5121848 lien.
5131849 (2) Whenever the electronic transmission of lien notifications and
5141850 lien satisfactions is used, a certificate of title need not be issued
5151851 until the last lien is satisfied and a clear certificate of title can be
5161852 issued to the owner of the motor vehicle. The bureau may print or
5171853 issue electronically the clear certificate of title to the owner or
5181854 subsequent assignee of the motor vehicle.
5191855 (3) If a motor vehicle is subject to an electronic lien, the
5201856 certificate of title for the motor vehicle is considered to be
5211857 physically held by the lienholder for purposes of compliance with
5221858 state or federal odometer disclosure requirements.
5231859 (4) A certified copy of the bureau's electronic record of a lien is
5241860 admissible in any civil, criminal, or administrative proceeding in
5251861 Indiana as evidence of the existence of the lien. If a certificate of
5261862 title is maintained electronically in a statewide electronic title
5271863 system described in subsection (h)(3), a certified copy of the
5281864 bureau's electronic record of the certificate of title is admissible
5291865 in any civil, criminal, or administrative proceeding in Indiana as
1866+EH 1167—LS 7095/DI 139 44
5301867 evidence of the existence and contents of the certificate of title.
5311868 (5) All individuals and lienholders who conduct at least twelve
532-HEA 1167 — Concur 13
5331869 (12) lien transactions annually must use the statewide electronic
5341870 lien and title system implemented under this section to record
5351871 information concerning the perfection and release of a security
5361872 interest in a vehicle.
5371873 (6) An electronic notice or release of a lien made through the
5381874 statewide electronic lien and title system implemented under this
5391875 section has the same force and effect as a notice or release of a
5401876 lien made on a paper document.
5411877 (7) The bureau may convert an existing paper lien to an electronic
5421878 lien upon request of the primary lienholder. The bureau, or a third
5431879 party contracting with the bureau under this section, is authorized
5441880 to collect a fee not to exceed three dollars ($3) for each
5451881 conversion performed under this subdivision. A fee under this
5461882 subdivision may not be charged to a state agency or its agents.
5471883 (8) Notwithstanding section 5 of this chapter, any requirement
5481884 that a security interest or other information appear on a certificate
5491885 of title is satisfied by the inclusion of that information in an
5501886 electronic file maintained in an electronic title system.
5511887 (k) Nothing in this section precludes the bureau from collecting a
5521888 title fee for the preparation and issuance of a title.
5531889 (l) The bureau may adopt rules under IC 4-22-2 to implement this
5541890 section, including emergency rules in the manner provided by
5551891 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
5561892 adopted by the bureau under this subsection and in the manner
5571893 provided by IC 4-22-2-37.1 expires on the date on which a rule that
5581894 supersedes the emergency rule is adopted by the bureau under
559-IC 4-22-2-24 through IC 4-22-2-36.
560-SECTION 7. IC 9-18.5-2-1, AS AMENDED BY P.L.29-2021,
561-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
562-JULY 1, 2022]: Sec. 1. (a) A person may apply to the bureau for a
563-personalized license plate to display on the person's vehicle.
564-(b) The following license plates may be designed as a personalized
565-license plate under this chapter:
566-(1) IC 9-18.5-4 (prisoner of war license plates).
567-(2) IC 9-18.5-5 (disabled Hoosier veteran license plates).
568-(3) IC 9-18.5-6 (Purple Heart license plates).
569-(4) IC 9-18.5-7 (National Guard license plates).
570-(5) IC 9-18.5-8 (license plates for persons with disabilities).
571-(6) IC 9-18.5-9 (amateur radio operator license plates).
572-(7) IC 9-18.5-10 (civic event license plates).
573-(8) IC 9-18.5-11 (In God We Trust license plates).
574-(9) IC 9-18.5-12 (special group recognition license plates).
575-(10) IC 9-18.5-13 (environmental license plates).
576-(11) IC 9-18.5-14 (kids first trust license plates).
577-HEA 1167 — Concur 14
578-(12) IC 9-18.5-15 (education license plates).
579-(13) IC 9-18.5-16 (Indiana FFA trust license plates).
580-(14) IC 9-18.5-17 (Indiana firefighter license plates).
581-(15) IC 9-18.5-18 (Indiana boy scouts trust license plates).
582-(16) IC 9-18.5-19 (D.A.R.E. Indiana trust license plates).
583-(17) IC 9-18.5-20 (Indiana arts trust license plates).
584-(18) IC 9-18.5-21 (Indiana health trust license plates).
585-(19) IC 9-18.5-22 (Indiana Native American trust license plates).
586-(20) IC 9-18.5-24 (Pearl Harbor survivor license plates).
587-(21) IC 9-18.5-25 (Indiana state educational institution trust
588-license plates).
589-(22) IC 9-18.5-26 (Lewis and Clark expedition license plates).
590-(23) IC 9-18.5-27 (Riley Children's Foundation license plates).
591-(24) IC 9-18.5-28 (National Football League franchised
592-professional football team license plates).
593-(25) IC 9-18.5-29 (Hoosier veteran license plates).
594-(26) IC 9-18.5-30 (support our troops license plates).
595-(27) IC 9-18.5-31 (Abraham Lincoln's boyhood home license
596-plates).
597-(28) IC 9-18.5-32 (Earlham College Trust license plates).
598-(29) (28) IC 9-18.5-33 (Indiana Gold Star family member license
599-plates).
600-(30) (29) IC 9-18.5-35 (Armed Forces Expeditionary Medal
601-license plates).
602-(31) (30) A license plate issued under IC 9-18 (before its
603-expiration) or IC 9-18.1.
604-SECTION 8. IC 9-18.5-12-13, AS AMENDED BY P.L.178-2019,
605-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
606-JULY 1, 2022]: Sec. 13. (a) In order to continue participation in the
607-special group recognition license plate program, a special group must:
608-(1) sell at least five hundred (500) special group recognition
609-license plates of the special group in the first two (2) years in
610-which the license plate is offered for sale; and
611-(2) maintain the sale or renewal of at least five hundred (500)
612-special group recognition license plates during each subsequent
613-year after the initial two (2) year period of sale.
614-(b) If the special group fails to sell or renew special group
615-recognition license plates in the manner provided in subsection (a), the
616-bureau shall place the issuance of the special group recognition license
617-plates for the special group on probation for the subsequent year. If, in
618-that subsequent year on probation, the special group fails to sell or
619-renew at least five hundred (500) special group recognition license
620-plates, the bureau shall terminate the participation of the special group
621-in the special group recognition license plate program. If the special
622-HEA 1167 — Concur 15
623-group sells or renews at least five hundred (500) special group
624-recognition license plates in the year on probation, the participation of
625-the special group in the special group recognition license plate program
626-is continued. A special group shall be afforded only one (1)
627-probationary period under this subsection.
628-(c) The bureau may terminate the participation of a special group in
629-the special group recognition license plate program if the special
630-group:
631-(1) ceases operations; or
632-(2) fails to use the annual fee collected by the bureau in a manner
633-consistent with the statement submitted by the special group
634-under section 3(a)(9) of this chapter.
635-(d) A special group that desires to participate in the special group
636-recognition license plate program after termination by the bureau under
637-this section:
638-(1) must follow the procedure set forth in section 3 of this
639-chapter; and
640-(2) may not reapply to participate in the special group
641-recognition license plate program for at least two (2) years
642-after termination.
643-(e) Upon termination under this section of a special group's
644-participation in the special group recognition license plate program, the
645-bureau shall distribute any money remaining in the trust fund
646-established under section 14 of this chapter for the special group to the
647-state general fund.
648-SECTION 9. IC 9-18.5-16-4, AS ADDED BY P.L.198-2016,
649-SECTION 327, IS AMENDED TO READ AS FOLLOWS
650-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana FFA trust fund
651-is established.
652-(b) The treasurer of state shall invest the money in the Indiana FFA
653-trust fund not currently needed to meet the obligations of the Indiana
654-FFA trust fund in the same manner as other public trust funds are
655-invested. Interest that accrues from these investments shall be
656-deposited in the Indiana FFA trust fund.
657-(c) The bureau shall administer the Indiana FFA trust fund.
658-Expenses of administering the Indiana FFA trust fund shall be paid
659-from money in the Indiana FFA trust fund.
660-(d) On June 30 of each year, The bureau shall distribute at least one
661-(1) time each month the money from the fund to the FFA Foundation
662-that is located within Indiana.
663-(e) Money in the fund at the end of a state fiscal year does not revert
664-to the state general fund.
665-SECTION 10. IC 9-18.5-18-4, AS ADDED BY P.L.198-2016,
666-SECTION 327, IS AMENDED TO READ AS FOLLOWS
667-HEA 1167 — Concur 16
668-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana boy scouts trust
669-fund is established.
670-(b) The treasurer of state shall invest the money in the fund not
671-currently needed to meet the obligations of the fund in the same
672-manner as other public trust funds are invested. Interest that accrues
673-from these investments shall be deposited in the fund.
674-(c) The bureau shall administer the fund. Expenses of administering
675-the fund shall be paid from money in the fund.
676-(d) On June 30 of each year, The bureau shall distribute at least one
677-(1) time each month the money from the fund to the organization
678-established under section 5 of this chapter.
679-(e) Money in the fund at the end of a state fiscal year does not revert
680-to the state general fund.
681-SECTION 11. IC 9-18.5-19-4, AS ADDED BY P.L.198-2016,
682-SECTION 327, IS AMENDED TO READ AS FOLLOWS
683-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The D.A.R.E. Indiana trust
684-fund is established.
685-(b) The treasurer of state shall invest the money in the fund not
686-currently needed to meet the obligations of the fund in the same
687-manner as other public trust funds are invested. Interest that accrues
688-from these investments shall be deposited in the fund.
689-(c) The bureau shall administer the fund. Expenses of administering
690-the fund shall be paid from money in the fund.
691-(d) On June 30 of each year, The bureau shall distribute at least one
692-(1) time each month the money from the fund to D.A.R.E. Indiana,
693-Inc.
694-(e) Money in the fund at the end of a state fiscal year does not revert
695-to the state general fund.
696-SECTION 12. IC 9-18.5-20-3, AS ADDED BY P.L.198-2016,
697-SECTION 327, IS AMENDED TO READ AS FOLLOWS
698-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The fees for an Indiana arts
699-trust license plate are as follows:
700-(1) An annual supplemental fee of fifteen dollars ($15) under
701-IC 9-18.5-12-16.
702-(2) An annual fee of not more than twenty-five dollars ($25) as
703-provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
704-(b) The annual fee referred to in subsection (a)(2) must be collected
705-by the bureau and deposited in the Indiana arts commission trust fund
706-established under IC 4-23-2.5-4.
707-(c) The bureau shall distribute at least one (1) time each month
708-the money from the Indiana arts commission trust fund collected
709-under subsection (b).
710-SECTION 13. IC 9-18.5-21-4, AS ADDED BY P.L.198-2016,
711-SECTION 327, IS AMENDED TO READ AS FOLLOWS
712-HEA 1167 — Concur 17
713-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana health trust fund
714-is established.
715-(b) The treasurer of state shall invest the money in the Indiana
716-health trust fund not currently needed to meet the obligations of the
717-Indiana health trust fund in the same manner as other public trust funds
718-are invested. Interest that accrues from these investments shall be
719-deposited in the Indiana health trust fund.
720-(c) The bureau shall administer the Indiana health trust fund.
721-Expenses of administering the Indiana health trust fund shall be paid
722-from money in the Indiana health trust fund.
723-(d) On June 30 of each year, The bureau shall distribute at least one
724-(1) time each month the money from the fund to the organization
725-established under section 5 of this chapter.
726-(e) Money in the fund at the end of a state fiscal year does not revert
727-to the state general fund.
728-SECTION 14. IC 9-18.5-22-4, AS ADDED BY P.L.198-2016,
729-SECTION 327, IS AMENDED TO READ AS FOLLOWS
730-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Indiana Native American
731-trust fund is established.
732-(b) The treasurer of state shall invest the money in the Indiana
733-Native American trust fund not currently needed to meet the
734-obligations of the Indiana Native American trust fund in the same
735-manner as other public trust funds are invested. Interest that accrues
736-from these investments shall be deposited in the Indiana Native
737-American trust fund.
738-(c) The bureau shall administer the Indiana Native American trust
739-fund. Expenses of administering the Indiana Native American trust
740-fund shall be paid from money in the Indiana Native American trust
741-fund.
742-(d) On June 30 of each year, The bureau shall distribute at least one
743-(1) time each month the money from the fund to the Native American
744-Indian affairs commission established under IC 4-23-32.
745-(e) Money in the fund at the end of a state fiscal year does not revert
746-to the state general fund.
747-(f) The Native American Indian affairs commission may use money
748-received under this section for any lawful purpose of the Native
749-American Indian affairs commission.
750-SECTION 15. IC 9-18.5-23-3, AS AMENDED BY P.L.57-2020,
751-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
752-JULY 1, 2022]: Sec. 3. (a) The fees for a first responder license plate
753-are as follows:
754-(1) An annual supplemental fee of fifteen dollars ($15) under
755-IC 9-18.5-12-16.
756-(2) An annual fee of not more than twenty-five dollars ($25) as
757-HEA 1167 — Concur 18
758-provided in IC 9-18.5-12-14(d)(2) or IC 9-18.5-12-15(b).
759-(b) The annual fee referred to in subsection (a)(2) shall be collected
760-by the bureau and deposited in the fund established under
761-IC 10-15-3-1.
762-(c) The bureau shall distribute at least one (1) time each month
763-the money from the fund collected under subsection (b).
764-SECTION 16. IC 9-18.5-26-4, AS ADDED BY P.L.198-2016,
765-SECTION 327, IS AMENDED TO READ AS FOLLOWS
766-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The Lewis and Clark
767-expedition fund is established.
768-(b) The treasurer of state shall invest the money in the fund not
769-currently needed to meet the obligations of the fund in the same
770-manner as other public funds are invested. Interest that accrues from
771-these investments shall be deposited in the fund. Money in the fund is
772-continuously appropriated for the purposes of this section.
773-(c) The bureau shall administer the fund. Expenses of administering
774-the fund shall be paid from money in the fund.
775-(d) The bureau shall monthly distribute at least one (1) time each
776-month the money from the fund to the Lewis and Clark expedition
777-commission established by IC 14-20-15.
778-(e) Money in the fund at the end of a state fiscal year does not revert
779-to the state general fund.
780-SECTION 17. IC 9-18.5-28-4, AS ADDED BY P.L.198-2016,
781-SECTION 327, IS AMENDED TO READ AS FOLLOWS
782-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The fees for a National
783-Football League franchised football team license plate are as follows:
784-(1) An annual supplemental fee of ten dollars ($10). The fee shall
785-be distributed as follows:
786-(A) Five dollars ($5) to the commission fund.
787-(B) Five dollars ($5) to the motor vehicle highway account.
788-(2) An annual fee of twenty dollars ($20) for deposit in the capital
789-projects fund established by section 5 of this chapter.
790-(b) The bureau shall distribute at least one (1) time each month
791-the money from the capital projects fund collected under
792-subsection (a).
793-SECTION 18. IC 9-18.5-29-3, AS ADDED BY P.L.198-2016,
794-SECTION 327, IS AMENDED TO READ AS FOLLOWS
795-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual who registers
796-a vehicle under this title may apply for and receive a Hoosier veteran
797-license plate for one (1) or more vehicles upon doing the following:
798-(1) Completing an application for a Hoosier veteran license plate.
799-(2) Presenting one (1) of the following to the bureau:
800-(A) A United States Uniformed Services Retiree Identification
801-Card.
802-HEA 1167 — Concur 19
803-(B) A DD 214 or DD 215 record.
804-(C) United States military discharge papers.
805-(D) A current armed forces identification card.
806-(E) A credential issued to the individual that contains an
807-indication of veteran status under IC 9-24-11-5.5.
808-(3) Paying a fee in an amount of fifteen dollars ($15).
809-(b) The bureau shall distribute at least one (1) time each month the
810-fee described in subsection (a)(3) to the director of veterans' affairs for
811-deposit in the military family relief fund established under
812-IC 10-17-12-8.
813-SECTION 19. IC 9-18.5-30-2, AS ADDED BY P.L.198-2016,
814-SECTION 327, IS AMENDED TO READ AS FOLLOWS
815-[EFFECTIVE JULY 1, 2022]: Sec. 2. A person may receive a support
816-our troops license plate under this chapter upon doing the following:
817-(1) Completing an application for a support our troops license
818-plate.
819-(2) Paying an annual fee of twenty dollars ($20).
820-The bureau shall distribute at least one (1) time each month the fee
821-described in subdivision (2) to the director of veterans' affairs for
822-deposit in the military family relief fund established under
823-IC 10-17-12-8.
824-SECTION 20. IC 9-18.5-31-7, AS ADDED BY P.L.198-2016,
825-SECTION 327, IS AMENDED TO READ AS FOLLOWS
826-[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The Indiana State Museum
827-Foundation trust fund is established.
828-(b) The treasurer of state shall invest the money in the Indiana State
829-Museum Foundation trust fund not currently needed to meet the
830-obligations of the Indiana State Museum Foundation trust fund in the
831-same manner as other public funds are invested. Interest that accrues
832-from these investments shall be deposited in the Indiana State Museum
833-Foundation trust fund. Money in the Indiana State Museum Foundation
834-trust fund is continuously appropriated for the purposes of this section.
835-(c) The bureau shall administer the Indiana State Museum
836-Foundation trust fund. Expenses of administering the Indiana State
837-Museum Foundation trust fund shall be paid from money in the fund.
838-(d) On June 30 of each year, The bureau shall distribute at least one
839-(1) time each month the money from the Indiana State Museum
840-Foundation trust fund to the Indiana State Museum Foundation, Inc. for
841-use concerning the Lincoln collection.
842-(e) Money in the Indiana State Museum Foundation trust fund at the
843-end of a state fiscal year does not revert to the state general fund.
844-SECTION 21. IC 9-18.5-32 IS REPEALED [EFFECTIVE JULY 1,
845-2022]. (Earlham College Trust License Plates).
846-SECTION 22. IC 9-21-8-24 IS AMENDED TO READ AS
847-HEA 1167 — Concur 20
1895+IC 4-22-2-24 through IC 4-22-2-36.".
1896+Page 22, after line 2, begin a new paragraph and insert:
1897+"SECTION 31. An emergency is declared for this act.".
1898+Renumber all SECTIONS consecutively.
1899+and when so amended that said bill do pass and be reassigned to the
1900+Senate Committee on Appropriations.
1901+(Reference is to HB 1167 as reprinted January 25, 2022.)
1902+CRIDER, Chairperson
1903+Committee Vote: Yeas 9, Nays 0.
1904+EH 1167—LS 7095/DI 139 45
1905+COMMITTEE REPORT
1906+Madam President: The Senate Committee on Appropriations, to
1907+which was referred House Bill No. 1167, has had the same under
1908+consideration and begs leave to report the same back to the Senate with
1909+the recommendation that said bill be AMENDED as follows:
1910+Page 11, line 32, delete "4." and insert "(4).".
1911+Page 11, line 42, after "notated." insert "This subdivision expires
1912+July 1, 2025.".
1913+and when so amended that said bill do pass.
1914+(Reference is to EHB 1167 as printed February 16, 2022.)
1915+MISHLER, Chairperson
1916+Committee Vote: Yeas 12, Nays 0.
1917+_____
1918+SENATE MOTION
1919+Madam President: I move that Engrossed House Bill 1167 be
1920+amended to read as follows:
1921+Page 20, after line 42, begin a new paragraph and insert:
1922+"SECTION 21. IC 9-21-8-24 IS AMENDED TO READ AS
8481923 FOLLOWS [EFFECTIVE JANUARY 1, 2023]: Sec. 24. (a) A person
8491924 may not:
8501925 (1) slow down or stop a vehicle;
8511926 (2) turn a vehicle from a direct course upon a highway; or
8521927 (3) change from one (1) traffic lane to another;
8531928 unless the movement can be made with reasonable safety.
8541929 (b) Before making a movement described in this section, a person
8551930 shall give provide notice of the person's intention by giving:
8561931 (1) a clearly audible horn signal by sounding the horn if any
8571932 pedestrian may be affected by the movement; and
8581933 (2) give an appropriate stop or turn signal in the manner provided
8591934 in sections 27 through 28 of this chapter. if any other vehicle may
8601935 be affected by the movement.
8611936 SECTION 23. IC 9-21-8-25 IS REPEALED [EFFECTIVE
8621937 JANUARY 1, 2023]. Sec. 25. A signal of intention to turn right or left
8631938 shall be given continuously during not less than the last two hundred
8641939 (200) feet traveled by a vehicle before turning or changing lanes. A
8651940 vehicle traveling in a speed zone of at least fifty (50) miles per hour
1941+EH 1167—LS 7095/DI 139 46
8661942 shall give a signal continuously for not less than the last three hundred
867-(300) feet traveled by the vehicle before turning or changing lanes.
868-SECTION 24. IC 9-21-8-47, AS AMENDED BY P.L.210-2005,
869-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
870-JULY 1, 2022]: Sec. 47. (a) The following vehicles must be moved or
871-operated so as to avoid any material damage to the highway or
872-unreasonable interference with other highway traffic:
873-(1) Machinery or equipment used in highway construction or
874-maintenance by the Indiana department of transportation,
875-counties, or municipalities.
876-(2) Farm drainage machinery.
877-(3) Implements of agriculture.
878-(4) Firefighting apparatus owned or operated by a political
879-subdivision or a volunteer fire department (as defined in
880-IC 36-8-12-2).
881-(5) Farm vehicles loaded with farm products.
882-(b) For purposes of this section, interference with other highway
883-traffic is considered unreasonable if the interference occurs for
884-more than ten (10) consecutive minutes. This subsection does not
885-apply to a vehicle in subsection (a)(1) or (a)(4).
886-SECTION 25. IC 9-22-1-19, AS AMENDED BY P.L.281-2019,
887-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
888-JULY 1, 2022]: Sec. 19. (a) Within three (3) business days after
889-removal of a vehicle to a storage yard or towing service under section
890-13, 14, 16, or 31 of this chapter or IC 9-22-6, the public agency or
891-towing service shall conduct a search of the National Motor Vehicle
892-HEA 1167 — Concur 21
893-Title Information System or an equivalent and commonly available data
894-base to attempt to obtain the last state of record of the vehicle in order
895-to attempt to ascertain the name and address of the person who owns
896-or holds a lien on the vehicle.
897-(b) A public agency or towing service that obtains the name and
898-address of the owner of or lienholder on a vehicle shall, not later than
899-three (3) business days after obtaining the name and address, notify the
900-person who owns or holds a lien on the vehicle owner of the vehicle
901-and any lienholder on the vehicle, as indicated by the certificate of
902-title or discovered by a search under subsection (a), of the
903-following:
904-(1) The name, address, and telephone number of the public
905-agency or towing service.
906-(2) That storage charges are being accrued and the vehicle is
907-subject to sale if the vehicle is not claimed and the charges are not
908-paid.
909-(3) The earliest possible date and location of the public sale or
910-auction.
911-The notice must be made by certified mail or a certificate of mailing or
912-by means of an electronic service approved by the bureau.
913-Notwithstanding section 4 of this chapter, a public agency or towing
914-service that fails to notify the owner of or lienholder on the vehicle as
915-set forth in this subsection may not collect additional storage costs
916-incurred after the date of receipt of the name and address obtained.
917-SECTION 26. IC 9-22-5-3, AS AMENDED BY P.L.198-2016,
918-SECTION 408, IS AMENDED TO READ AS FOLLOWS
919-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The application required
920-under section 2 of this chapter shall be made in a manner prescribed by
921-the bureau and filed with the bureau.
922-(b) The application required by section 2 of this chapter must
923-include the following:
924-(1) The name and address of the applicant.
925-(2) The year, make, model, and vehicle identification number of
926-the vehicle, if ascertainable, together with any other identifying
927-features.
928-(3) A concise statement of the facts surrounding the abandonment
929-of the vehicle, that the title of the vehicle is faulty, lost, or
930-destroyed, or the reasons for disposal of the vehicle.
931-(4) An affidavit executed by the applicant stating that the facts
932-alleged in the application are true and that no material fact has
933-been withheld.
934-(c) The bureau shall issue a certificate of authority if:
935-(1) the bureau determines that the application satisfies the
936-requirements of this chapter; and
937-HEA 1167 — Concur 22
938-(2) the applicant pays a fee of four dollars ($4) for each certificate
939-of authority.
940-The fee under subdivision (2) shall be deposited in the motor vehicle
941-highway account.
942-(d) The bureau shall process an electronic application for a
943-certificate of authority not more than five (5) business days after
944-the submission of the application if the application meets the
945-requirements under section 2 of this chapter or under this section.
946-(d) (e) A certificate of authority issued under this chapter must
947-contain the following information:
948-(1) The name and address of the person that filed the application
949-required under section 2 of this chapter.
950-(2) The year, make, model, and vehicle identification number, if
951-ascertainable, together with any other identifying features of the
952-vehicle that has been authorized to be sold for scrap metal.
953-SECTION 27. IC 9-22-6-2, AS AMENDED BY P.L.157-2017,
954-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
955-JULY 1, 2022]: Sec. 2. (a) A person that performs labor, furnishes
956-materials or storage, or does repair work on a vehicle at the request of
957-the owner of the vehicle has a mechanic's lien on the vehicle for the
958-reasonable value of the charges for the labor, materials, storage, or
959-repairs.
960-(b) A person that provides towing services for a vehicle at the
961-request of the owner of the vehicle has a mechanic's lien on the vehicle
962-for the reasonable value of the charges for the towing services and
963-other related costs.
964-(c) A person that has a mechanic's lien on a vehicle under
965-subsection (a) or (b) may advertise the vehicle for sale if the person
966-followed the procedures described in IC 9-22-1-19 and if:
967-(1) the charges made under subsection (a) or (b) are not paid; and
968-(2) the vehicle is not claimed;
969-within thirty (30) days after the date on which the vehicle is left in or
970-comes into the possession of the person for repairs, storage, towing, or
971-the furnishing of materials. The vehicle may not be sold until the later
972-of fifteen (15) days after the date the advertisement required by
973-subsection (d) has been placed or fifteen (15) days after notice required
974-by subsection (e) has been sent.
975-(d) Before a vehicle may be sold under subsection (c) or under
976-IC 9-22-1-21.5, an advertisement must be placed in a newspaper that
977-is printed in English and of general circulation in the city or town in
978-which the lienholder's place of business is located. If the lienholder is
979-located outside the corporate limits of a city or a town, the
980-advertisement must be placed in a newspaper of general circulation in
981-the county in which the place of business of the lienholder is located.
982-HEA 1167 — Concur 23
983-The advertisement must contain at least the following information:
984-(1) A description of the vehicle, including make, year, and
985-manufacturer's identification number.
986-(2) The amount of the unpaid charges.
987-(3) The time, place, and date of the sale.
988-(e) In addition to the advertisement required under subsection (d),
989-the person that holds the mechanic's lien under this section or under
990-IC 9-22-1-21.5(c) must notify the owner of the vehicle and any other
991-person that holds a lien of record, as indicated on the certificate of title
992-of the vehicle or discovered as a result of the search described in
993-IC 9-22-1-19, by certified mail, return receipt requested, at the last
994-known address of the owner or person, as applicable, that the vehicle
995-will be sold at public auction on a specified date to satisfy the
996-mechanic's lien imposed by this section. If the person who holds the
997-mechanic's lien has proof that the notice was mailed to the owner of the
998-vehicle and any person who holds a lien of record in accordance
999-with this subsection, actual receipt of the notice by the owner of the
1000-vehicle is not required. Actual receipt of the notice by any other person
1001-that holds a lien of record is required unless a properly addressed
1002-notice is refused by the addressee or is otherwise returned to the sender
1003-as undeliverable.
1004-(f) A person that holds a mechanic's lien of record on a vehicle
1005-subject to sale under this section or under IC 9-22-1-21.5 may pay the
1006-storage, repair, towing, or service charges due. If the person that holds
1007-the mechanic's lien of record elects to pay the charges due, the person
1008-is entitled to possession of the vehicle and becomes the holder of the
1009-mechanic's lien imposed by this section.
1010-(g) If the person that owns a vehicle or the lienholder of a vehicle
1011-subject to sale under this section or under IC 9-22-1-21.5 does not
1012-claim the vehicle and satisfy the mechanic's lien on the vehicle, the
1013-vehicle may be sold at public sale or public auction to the highest and
1014-best bidder. A person that holds a mechanic's lien under this section
1015-may purchase a vehicle subject to sale under this section.
1016-(h) A person that holds a mechanic's lien under this section or under
1017-IC 9-22-1-21.5 may deduct and retain the amount of the mechanic's
1018-lien, the sale disposal costs, and the cost of the advertisement required
1019-under subsection (d) from the purchase price received for a vehicle sold
1020-under this section. After deducting from the purchase price the amount
1021-of the mechanic's lien, the sale disposal costs, and the cost of the
1022-advertisement, the person shall pay the surplus of the purchase price to
1023-the person that holds the first lien of record, as indicated on the
1024-certificate of title, of the vehicle. If there is no lien of record, the person
1025-shall pay the surplus of the purchase price to the owner of the vehicle,
1026-if the owner's address or whereabouts are known. If the address or
1027-HEA 1167 — Concur 24
1028-whereabouts are not known and there is no lien of record, the surplus
1029-of the purchase price shall be sent to:
1030-(1) the abandoned vehicle fund of the city, county, or town from
1031-which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1032-(2) the clerk of courts, for all other vehicles, in the jurisdiction in
1033-which the business of the person that holds the mechanic's lien is
1034-located, for the use and benefit of the owner of the vehicle.
1035-(i) The person that holds the first lien of record may deduct and
1036-retain the amount of the lien of record from the surplus purchase price
1037-transferred to the person under subsection (h). After deducting the
1038-amount of the lien of record from the surplus purchase price transferred
1039-to the person under subsection (h), the person that holds the first lien
1040-of record shall pay any remaining surplus to the owner of the vehicle,
1041-if the owner's address or whereabouts are known. If the address or
1042-whereabouts of the owner of the vehicle are not known, the surplus of
1043-the purchase price shall be sent to:
1044-(1) the abandoned vehicle fund of the city, county, or town from
1045-which the vehicle was towed, for vehicles subject to IC 9-22-1; or
1046-(2) the clerk of the courts for all other vehicles, in the jurisdiction
1047-in which the business of the person that holds the mechanic's lien
1048-is located, for the use and benefit of the owner of the vehicle.
1049-(j) A person that holds a mechanic's lien under this section shall
1050-execute and deliver to the purchaser of a vehicle under this section or
1051-under IC 9-22-1-21.5 a sales certificate in the form designated by the
1052-bureau, setting forth the following information:
1053-(1) The facts of the sale.
1054-(2) The vehicle identification number.
1055-(3) The certificate of title if available.
1056-(4) A certification from the newspaper showing that the
1057-advertisement was made as required under subsection (d).
1058-(5) Any other information that the bureau requires.
1059-Whenever the bureau receives from the purchaser an application for
1060-certificate of title accompanied by these items, the bureau shall issue
1061-a certificate of title for the vehicle under IC 9-17.
1062-(k) A person that violates this section commits a Class A infraction.
1063-SECTION 28. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
1064-SECTION 424, IS AMENDED TO READ AS FOLLOWS
1065-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
1066-driver's license or learner's permit or grant driving privileges to the
1067-following individuals:
1068-(1) An individual whose driving privileges have been suspended,
1069-during the period for which the driving privileges are suspended,
1070-or to an individual whose driver's license has been revoked, until
1071-the time the bureau is authorized under Indiana law to issue the
1072-HEA 1167 — Concur 25
1073-individual a new driver's license.
1074-(2) An individual whose learner's permit has been suspended or
1075-revoked until the time the bureau is authorized under Indiana law
1076-to issue the individual a new learner's permit.
1077-(3) An individual who, in the opinion of the bureau, is afflicted
1078-with or suffering from a physical or mental disability or disease
1079-that prevents the individual from exercising reasonable and
1080-ordinary control over a motor vehicle while operating the motor
1081-vehicle on a highway.
1082-(4) An individual who is unable to understand highway warnings
1083-or direction signs written in the English language.
1084-(5) An individual who is required under this article to take an
1085-examination unless:
1086-(A) the individual successfully passes the examination; or
1087-(B) the bureau waives the examination requirement.
1088-(6) An individual who is required under IC 9-25 or any other
1089-statute to deposit or provide proof of financial responsibility and
1090-who has not deposited or provided that proof.
1091-(7) An individual when the bureau has good cause to believe that
1092-the operation of a motor vehicle on a highway by the individual
1093-would be inimical to public safety or welfare.
1094-(8) An individual who is the subject of an order issued by:
1095-(A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
1096-IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
1097-(B) the Title IV-D agency;
1098-ordering that a driver's license or permit not be issued to the
1099-individual.
1100-(9) An individual who has not presented valid documentary
1101-evidence to the bureau of the individual's legal status in the
1102-United States, as required by IC 9-24-9-2.5.
1103-(10) An individual who does not otherwise satisfy the
1104-requirements of this article.
1105-(b) An individual subject to epileptic seizures may not be denied a
1106-driver's license or permit under this section if the individual presents
1107-a statement from a licensed physician or an advanced practice
1108-registered nurse, on a form prescribed by the bureau, that the
1109-individual is under medication and is free from seizures while under
1110-medication.
1111-SECTION 29. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
1112-SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1113-JULY 1, 2022]: Sec. 3.5. (a) If a valid computerized image or digital
1114-photograph of an individual exists within the records of the
1115-bureau, an individual may apply for a replacement driver's license or
1116-learner's permit by electronic service. subject to the following
1117-HEA 1167 — Concur 26
1118-conditions:
1119-(1) A valid computerized image or digital photograph of the
1120-individual must exist within the records of the bureau.
1121-(2) The individual must be a citizen of the United States, as
1122-shown in the records of the bureau.
1123-(b) An individual applying for a replacement of a driver's license or
1124-a learner's permit must apply in person at a license branch if the
1125-individual is not entitled to apply by mail or by electronic service under
1126-subsection (a).
1127-SECTION 30. IC 9-30-3-8.5, AS ADDED BY P.L.86-2021,
1128-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1129-JULY 1, 2022]: Sec. 8.5. (a) Upon receipt by the bureau of a notice of
1130-suspension for failure to satisfy a judgment under section 8 of this
1131-chapter, the bureau shall send a request for proof of future financial
1132-responsibility to the person.
1133-(b) During the three (3) years following a suspension under section
1134-8 of this chapter, the person's driving privileges remain suspended
1135-unless the person:
1136-(1) satisfies the judgment; or
1137-(2) provides proof of future financial responsibility under IC 9-25.
1138-(c) Upon receipt of proof of future financial responsibility, the
1139-bureau shall stay a suspension under section 8 of this chapter.
1140-(d) If at any time during the three (3) years following a suspension
1141-under section 8 of this chapter, a person:
1142-(1) has provided proof of future financial responsibility under
1143-IC 9-25; and
1144-(2) fails to maintain proof of future financial responsibility;
1145-the bureau shall suspend the person's driving privileges until the person
1146-provides proof of future financial responsibility under IC 9-25 or the
1147-suspension is terminated by the bureau.
1148-(e) The bureau shall waive reinstatement fees for a suspension under
1149-section 8 of this chapter if the person:
1150-(1) satisfies the judgment; or
1151-(2) maintains proof of financial responsibility for three (3) years.
1152-(f) For a suspension for failure to satisfy a judgment under
1153-section 8 of this chapter imposed before December 31, 2021, the
1154-suspension terminates on December 31, 2024.
1155-SECTION 31. IC 9-30-16-4, AS AMENDED BY P.L.198-2016,
1943+(300) feet traveled by the vehicle before turning or changing lanes.".
1944+Page 27, between lines 29 and 30, begin a new paragraph and insert:
1945+"SECTION 31. IC 9-30-16-4, AS AMENDED BY P.L.198-2016,
11561946 SECTION 609, IS AMENDED TO READ AS FOLLOWS
11571947 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) An individual whose driving
11581948 privileges have been suspended by the bureau by an administrative
11591949 action and not by a court order may petition a court for specialized
11601950 driving privileges as described in section 3(b) through 3(d) of this
11611951 chapter.
1162-HEA 1167 — Concur 27
11631952 (b) A petition filed under this section must:
11641953 (1) be verified by the petitioner;
11651954 (2) state the petitioner's age, date of birth, and address;
11661955 (3) state the grounds for relief and the relief sought;
11671956 (4) be filed in the appropriate county, as determined under
11681957 subsection (d);
11691958 (5) be filed in a circuit or superior court; and
11701959 (6) be served on the bureau and the prosecuting attorney.
11711960 (c) A prosecuting attorney shall appear on behalf of the bureau to
11721961 respond to a petition filed under this section.
11731962 (d) An individual whose driving privileges are suspended in Indiana
11741963 must may file a petition for specialized driving privileges. The petition
11751964 must be filed as follows:
11761965 (1) Except as provided in subdivision (2), if the individual is an
11771966 Indiana resident, in the county in which the individual resides.
11781967 (2) If the individual is an Indiana resident and is subject to an
11791968 active administrative suspension under this section in addition
11801969 to an active court ordered suspension under section 3 or 3.5
11811970 of this chapter, in the court that has ordered or imposed a
11821971 suspension of the individual's driving privileges.
11831972 (2) (3) If the individual was an Indiana resident at the time the
11841973 individual's driving privileges were suspended but is currently a
11851974 nonresident, in the county in which the individual's most recent
11861975 Indiana moving violation judgment was entered against the
1187-individual.
1188-SECTION 32. IC 9-32-5-6, AS AMENDED BY P.L.198-2016,
1189-SECTION 625, IS AMENDED TO READ AS FOLLOWS
1190-[EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If a dealer purchases or
1191-acquires ownership of a motor vehicle in a state that does not have a
1192-certificate of title law, the dealer shall apply for an Indiana certificate
1193-of title for the motor vehicle not more than forty-five (45) days after the
1194-date of purchase or the date ownership of the motor vehicle was
1195-acquired.
1196-(b) The bureau shall collect an administrative penalty as provided
1197-in IC 9-17-2-14.7 if a dealer fails to apply for a certificate of title for a
1198-motor vehicle as described in subsection (a).
1199-SECTION 33. IC 9-32-11-20, AS AMENDED BY P.L.245-2019,
1200-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1201-JULY 1, 2022]: Sec. 20. (a) This section does not apply to:
1202-(1) a manufacturer of a trailer or semitrailer; or
1203-(2) a manufacturer that produces fewer than one thousand (1,000)
1204-units per year.
1205-(b) Except as provided in subsection (d) or under
1206-IC 9-32-13-23(a)(3), a manufacturer or distributor may not sell or
1207-HEA 1167 — Concur 28
1208-offer to sell, directly or indirectly, a new motor vehicle to the
1209-general public in Indiana except through a new motor vehicle
1210-dealer holding a franchise for the line make covering the new
1211-motor vehicle. This subsection does not apply to the sales of new
1212-motor vehicles by a manufacturer or franchisor to:
1213-(1) the federal government;
1214-(2) a charitable organization; or
1215-(3) an employee of the manufacturer or distributor.
1216-(b) (c) Except as provided in subsection (c), (d), a manufacturer or
1217-distributor may not engage in sales directly to the general public in
1218-Indiana.
1219-(c) (d) A manufacturer or distributor may engage in sales directly
1220-to the general public in Indiana only if:
1221-(1) the manufacturer or distributor was granted an initial license
1222-to sell new motor vehicles before July 1, 2015; and
1223-(2) the manufacturer or distributor establishes at least one (1)
1224-physical location in Indiana that is a warranty repair service
1225-center before January 1, 2018.
1226-(d) (e) A manufacturer or distributor described in subsection (c) (d)
1227-must stop engaging in sales directly to the general public in Indiana if
1228-the manufacturer or distributor sells, transfers, or conveys a majority
1229-interest in the manufacturer or distributor to another person that is
1230-required to be licensed under this chapter.
1231-(e) For purposes of this subsection, "subscription program" means
1232-a subscription service that, for a recurring fee and for a limited period
1233-of time, allows a participating person exclusive use of a motor vehicle
1234-owned by an entity that controls or contracts with the subscription
1235-service. The term does not include leases, short term motor vehicle
1236-rentals, or services that allow short term sharing of a motor vehicle.
1237-Subscription programs are prohibited in Indiana. This subsection
1238-expires on May 1, 2020.
1239-SECTION 34. An emergency is declared for this act.
1240-HEA 1167 — Concur Speaker of the House of Representatives
1241-President of the Senate
1242-President Pro Tempore
1243-Governor of the State of Indiana
1244-Date: Time:
1245-HEA 1167 — Concur
1976+individual.".
1977+Renumber all SECTIONS consecutively.
1978+(Reference is to EHB 1167 as printed February 25, 2022.)
1979+FREEMAN
1980+EH 1167—LS 7095/DI 139