LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington, Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 7189 NOTE PREPARED: Jan 5, 2022 BILL NUMBER: HB 1258 BILL AMENDED: SUBJECT: Electronic Lien and Title System. FIRST AUTHOR: Rep. Pressel BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED: GENERAL IMPACT: Pending DEDICATED FEDERAL Summary of Legislation: This bill amends as follows the Indiana Code section requiring the Bureau of Motor Vehicles (BMV) to implement a statewide electronic lien and title system (system) to process vehicle titles and transactions involving security interests in vehicles: (1) Provides that if the BMV elects under the statute to allow qualified electronic lien service providers (providers) to facilitate the creation of the system, a participating provider may, upon implementation of the system, recover the provider's proportionate share of the costs associated with the development and ongoing administration of the system by charging a fee in an amount that is: (a) consistent with market pricing; and (b) determined by the BMV upon implementation of the system; for each lien notification transaction provided through the system. (Current law provides that if the BMV elects under the statute to contract with a vendor to develop the system, the vendor may recover, upon implementing the system, system development and administration costs through the imposition of a fee. However, if the BMV elects to allow providers to facilitate the creation of the system, current law requires each participating provider to remit to the BMV, not later than 30 days after being notified of the provider's qualification to participate, a payment in the amount of the provider's proportionate share of the total cost to develop the system.) (2) Prohibits a provider from charging lienholders or their agents any additional fee for lien releases, assignments, or transfers (as is provided for in current law with respect to the lien notification fee that a vendor selected by the BMV is authorized to charge). (3) Authorizes lienholders or their agents to charge: (A) the borrower in a vehicle loan; or (B) the lessee in a vehicle lease; an amount equal to any lien notification fee imposed by a provider, plus a fee in an amount not to exceed $3 for each electronic lien transaction (as is provided for in current law if the BMV elects under the statute to contract with a vendor to develop the system). HB 1258 1 (4) Eliminates the requirement that each provider remit to the BMV an annual fee: (A) established by the BMV; and (B) not exceeding $3,000; for the operation and maintenance of the system. Effective Date: July 1, 2022. Explanation of State Expenditures: As of the above date, the fiscal analysis of this bill has not been completed. Please contact the Office of Fiscal and Management Analysis for an update of this fiscal impact statement. Explanation of State Revenues: Explanation of Local Expenditures: Explanation of Local Revenues: State Agencies Affected: Local Agencies Affected: Information Sources: Fiscal Analyst: Bill Brumbach, 317-232-9559. HB 1258 2