Introduced Version
SENATE BILL No. 293
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-32; IC 25-37.5-1.
Synopsis: Manufactured home dealers. Amends the definition of
"major component parts" to include a catalytic converter. Provides
certain requirements for an automotive salvage recycler who is
purchasing catalytic converters. Defines "manufactured home dealer"
(dealer). Creates a new chapter concerning the licensing of dealers.
Provides that a dealer may hold an offsite sale under certain conditions.
Requires certain entities to obtain liability insurance coverage in
certain amounts. Provides that it is an unfair practice to sell, exchange,
or transfer a salvage vehicle without written disclosure. Provides that
a dealer is exempt from certain mailing address requirements. Requires
that a dealer must remain in good standing with the state department of
health while holding a license.
Effective: July 1, 2022; July 1, 2023.
Crider
January 10, 2022, read first time and referred to Committee on Homeland Security and
Transportation.
2022 IN 293—LS 6765/DI 143 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 293
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-45, AS AMENDED BY P.L.174-2016,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 45. "Distributor" means a person, other than a
4 manufacturer, that is engaged in the business of selling new motor
5 vehicles to dealers located in Indiana. The term includes a distributor's
6 branch office. The term does not include a recreational vehicle
7 manufacturer.
8 SECTION 2. IC 9-13-2-95, AS AMENDED BY P.L.198-2016,
9 SECTION 127, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 95. (a) "Major component parts"
11 means those parts of vehicles normally having a manufacturer's vehicle
12 identification number, a derivative of the identification number, or a
13 number supplied by an authorized governmental agency, including
14 doors, fenders, differentials, frames, transmissions, engines, doghouses
15 (front assembly), rear clips, and additional parts as prescribed by the
16 bureau.
17 (b) "Major component parts", for purposes of IC 9-32, includes
2022 IN 293—LS 6765/DI 143 2
1 a catalytic converter.
2 SECTION 3. IC 9-32-2-16.5 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2023]: Sec. 16.5. (a) "Manufactured home dealer" means any
5 person that within a twelve (12) month period sells, offers to sell,
6 or advertises for sale, including directly by the Internet or another
7 computer network, at least three (3) new or used manufactured
8 homes.
9 (b) The term does not include:
10 (1) a receiver, trustee, or other person appointed by or acting
11 under the judgment or order of a court; or
12 (2) a public officer while performing official duties.
13 SECTION 4. IC 9-32-2-18.3, AS ADDED BY P.L.120-2020,
14 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 18.3. "New motor vehicle dealer" means any
16 person that within a twelve (12) month period sells, offers to sell, or
17 advertises for sale, including directly by the Internet or another
18 computer network, at least
19 (1) twelve (12) new motor vehicles (excluding manufactured
20 homes). or
21 (2) three (3) new manufactured homes.
22 SECTION 5. IC 9-32-2-26.6, AS ADDED BY P.L.120-2020,
23 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 26.6. (a) "Used motor vehicle dealer" means any
25 person that within a twelve (12) month period sells, offers to sell, or
26 advertises for sale, including directly by the Internet or another
27 computer network, at least
28 (1) twelve (12) used motor vehicles (excluding manufactured
29 homes). or
30 (2) three (3) used manufactured homes.
31 (b) The term does not include the following:
32 (1) A receiver, trustee, or other person appointed by or acting
33 under the judgment or order of a court.
34 (2) A public officer while performing official duties.
35 (3) A person that holds a mechanic's lien on a motor vehicle under
36 IC 9-22-6, if the person sells the motor vehicle:
37 (A) in accordance with requirements in IC 9-22-6; or
38 (B) to an automotive salvage recycler licensed under IC 9-32-9
39 after the motor vehicle fails to sell at public auction conducted
40 in compliance with IC 9-22-6.
41 (4) A person that holds a lien for towing services under IC 9-22-1,
42 if the person complies with all applicable requirements in
2022 IN 293—LS 6765/DI 143 3
1 IC 9-22-1 and IC 9-22-6.
2 SECTION 6. IC 9-32-6-11, AS AMENDED BY P.L.120-2020,
3 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 11. (a) The secretary may issue an interim license
5 plate to the following persons licensed under this article:
6 (1) An automobile auction company.
7 (2) A converter manufacturer.
8 (3) A new motor vehicle dealer.
9 (4) A distributor.
10 (5) (4) A watercraft dealer.
11 (6) (5) A manufacturer.
12 (7) (6) A used motor vehicle dealer.
13 (b) The secretary shall prescribe the form of an interim license plate
14 issued under this section. An interim license plate must bear the
15 assigned registration number and provide sufficient space for the
16 expiration date as provided in subsection (c).
17 (c) A dealer may provide a person with not more than one (1)
18 interim license plate issued by the secretary at the time the dealer:
19 (1) sells or leases a motor vehicle to the person; or
20 (2) allows a person that buys a motor vehicle to take delivery of
21 the motor vehicle before the sale of the motor vehicle is fully
22 funded;
23 whichever occurs first. The dealer shall, in the manner provided by the
24 secretary, affix on the plate in numerals and letters at least three (3)
25 inches high the date on which the interim license plate expires.
26 (d) An interim license plate authorizes a person to operate the motor
27 vehicle until the earlier of the following dates:
28 (1) Forty-five (45) days after the date of sale or lease of the motor
29 vehicle to the person.
30 (2) The date on which a regular license plate is issued.
31 A person that violates this subsection commits a Class A infraction.
32 (e) A motor vehicle that is required by law to display license plates
33 on the front and rear of the motor vehicle is required to display only a
34 single interim license plate.
35 (f) An interim license plate shall be displayed:
36 (1) in the same manner required in IC 9-18-2-26 (before its
37 expiration) or IC 9-18.1-4-3; or
38 (2) in a location on the left side of a window facing the rear of the
39 motor vehicle that is clearly visible and unobstructed. The plate
40 must be affixed to the window of the motor vehicle.
41 (g) The dealer must provide an ownership document to the person
42 at the time of issuance of the interim license plate that must be kept in
2022 IN 293—LS 6765/DI 143 4
1 the motor vehicle during the period an interim license plate is used.
2 (h) All interim license plates not issued by the dealer must be
3 retained in the possession of the dealer at all times.
4 (i) The fee for an interim dealer license plate is three dollars ($3).
5 The fee shall be distributed as follows:
6 (1) Forty percent (40%) to the crossroads 2000 fund established
7 by IC 8-14-10-9.
8 (2) Forty-nine percent (49%) to the dealer compliance account
9 established by IC 9-32-7-1.
10 (3) Eleven percent (11%) to the motor vehicle highway account
11 under IC 8-14-1.
12 (j) The secretary may issue an interim license plate to a person that
13 purchases a motor vehicle from a dealer if the dealer has not timely
14 delivered or transmitted the certificate of title for the motor vehicle
15 under IC 9-32-4-1.
16 (k) The secretary may design and issue to a dealer a motor driven
17 cycle decal to be used in conjunction with an interim license plate upon
18 the sale of a motor driven cycle.
19 (l) A new motor vehicle dealer may issue an interim license plate for
20 use on a new motor vehicle that the new motor vehicle dealer delivers
21 to a purchaser on behalf of a manufacturer or another new motor
22 vehicle dealer if:
23 (1) there is a written courtesy agreement between the new motor
24 vehicle dealer delivering the motor vehicle and the new motor
25 vehicle dealer or manufacturer that sold the motor vehicle being
26 delivered; and
27 (2) the new motor vehicle is transported directly from the
28 manufacturer to the new motor vehicle dealer delivering the new
29 motor vehicle to the purchaser.
30 A person that violates this subsection commits a Class C infraction.
31 (m) A person that fails to display an interim license plate as
32 prescribed in subsection (f)(1) or (f)(2) commits a Class C infraction.
33 SECTION 7. IC 9-32-6-16, AS AMENDED BY P.L.182-2021,
34 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 16. (a) Except as provided in subsection (b), if a
36 license plate or registration card issued under this article or under
37 IC 9-31-3-19 (before its repeal) is lost, stolen, or destroyed, the dealer
38 or transport operator may apply for a replacement license plate or
39 registration card in the form and manner prescribed by the secretary.
40 (b) If a license plate is lost or stolen, the secretary may not issue a
41 replacement license plate until the dealer or transport operator to whom
42 the license plate was issued:
2022 IN 293—LS 6765/DI 143 5
1 (1) has notified:
2 (A) the law enforcement agency that has jurisdiction where the
3 loss or theft occurred; or
4 (B) the law enforcement agency that has jurisdiction over the
5 address of the dealer's established place of business; and
6 (2) presents to the secretary on a form prescribed by the secretary
7 a report completed by the law enforcement agency that was
8 notified under subdivision (1).
9 SECTION 8. IC 9-32-8.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]:
12 Chapter 8.5. Manufactured Home Dealers
13 Sec. 1. (a) To apply for a license under this article, a
14 manufactured home dealer must submit an application to the
15 secretary. An application for a license must:
16 (1) meet the requirements under IC 9-32-11-2; and
17 (2) be accompanied by payment of the fee under subsection
18 (d).
19 (b) An application for a license as a manufactured home dealer
20 must show whether the applicant dealer is a manufactured home
21 community or a nonresidential sales lot.
22 (c) If the applicant dealer is a manufactured home community,
23 the application must contain the following:
24 (1) The name and contact information of the park operator.
25 (2) A copy of the license issued by the state department of
26 health.
27 (d) The fee for a license for a manufactured home dealer is
28 thirty dollars ($30). The fee is nonrefundable and shall be retained
29 by the secretary.
30 Sec. 2. (a) Except as provided in subsections (b) and (c), an
31 application for a manufactured home dealer license must include
32 the zoning affidavit required by IC 9-32-11-2(d).
33 (b) If the manufactured home dealer:
34 (1) has established a place of business that is a manufactured
35 home community;
36 (2) operates the manufactured home community; and
37 (3) is selling or will be selling only manufactured homes that:
38 (A) are already located within the manufactured home
39 community; or
40 (B) will be installed within the manufactured home
41 community;
42 the application must be accompanied by an affidavit under
2022 IN 293—LS 6765/DI 143 6
1 subsection (c).
2 (c) An affidavit submitted by a manufactured home dealer
3 under subsection (b) must affirm under penalty of perjury that:
4 (1) a zoning affidavit or statement is not required under
5 subsection (b); and
6 (2) the applicant intends to sell only manufactured homes to
7 buyers that purchase manufactured homes with the intent for
8 the manufactured home to:
9 (A) remain within the manufactured home community; or
10 (B) be installed within the manufactured home community.
11 (d) If the secretary receives a written complaint from the person
12 charged with enforcing a zoning ordinance, if one exists, or the
13 zoning enforcement officer under IC 36-7-4, that a manufactured
14 home dealer who is licensed under subsection (b) or (c) is operating
15 in violation of a zoning affidavit required under IC 9-32-11-2(d),
16 the secretary shall delay the issuance or renewal of the
17 manufactured home dealer's license until the local zoning
18 complaint has been satisfied.
19 Sec. 3. (a) If the manufactured home dealer's established place
20 of business is a nonresidential sales lot, it must meet the
21 requirements for new or used motor vehicle dealers as prescribed
22 by the secretary under rules adopted under IC 4-22-2.
23 (b) If the manufactured home dealer's established place of
24 business is a manufactured home community, it must meet location
25 standards required by the state department of health.
26 SECTION 9. IC 9-32-9-14.5 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2022]: Sec. 14.5. (a) An automotive salvage recycler who is
29 purchasing a detached catalytic converter valued at less than
30 twenty-five dollars ($25) may remit payment in cash. An
31 automotive salvage recycler may not purchase more than one (1)
32 detached catalytic converter for cash per seller per day under this
33 subsection.
34 (b) An automated salvage recycler who is purchasing a detached
35 catalytic converter that is valued at twenty-five dollars ($25) or
36 more:
37 (1) must remit payment by check issued and made payable to
38 the seller; and
39 (2) must not cash a check issued under subdivision (1), or use
40 an automated teller machine or other cash card system in lieu
41 of a check.
42 (c) For each detached catalytic converter purchase by an
2022 IN 293—LS 6765/DI 143 7
1 automotive recycler under subsection (b), the automotive salvage
2 recycler shall keep all records required by IC 25-37.5-1-2.
3 (d) Records required to be maintained under this section may
4 be maintained in any form of data storage acceptable to the
5 secretary if the records are readily accessible and available to copy
6 by an investigating or auditing employee of the secretary upon
7 demand at the established place of business.
8 (e) An automotive salvage recycler licensed under this article
9 that knowingly or intentionally fails to maintain the records
10 required by this section commits a Class A infraction.
11 SECTION 10. IC 9-32-9-15, AS AMENDED BY P.L.284-2019,
12 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 15. (a) The secretary shall prescribe record
14 keeping forms to be used by an automotive salvage recycler to preserve
15 information about vehicles or major component parts acquired or sold
16 by the business.
17 (b) For each vehicle acquired by an automotive salvage recycler, the
18 record keeping forms required under subsection (a) must contain the
19 following information:
20 (1) A description of the vehicle, including numbers or other
21 marks identifying the vehicle.
22 (2) The date the vehicle was acquired.
23 (3) The name and address of the person from whom the vehicle
24 was acquired.
25 (4) The vehicle's trade name.
26 (5) The vehicle's manufacturer.
27 (6) The vehicle's type.
28 (7) The model year.
29 (8) The vehicle identification number.
30 (9) A statement of whether any number has been defaced,
31 destroyed, or changed.
32 (c) For each vehicle sold or disposed of by the automotive salvage
33 recycler, the record keeping forms required under subsection (a) must
34 contain the following information:
35 (1) A description of the vehicle, including numbers or other
36 marks identifying the vehicle.
37 (2) The date the vehicle was disposed of.
38 (3) The way in which the vehicle was disposed of.
39 (4) The vehicle's trade name.
40 (5) The vehicle's manufacturer.
41 (6) The vehicle's type.
42 (7) The model year.
2022 IN 293—LS 6765/DI 143 8
1 (8) The vehicle identification number.
2 (9) Verification of the purchaser of the vehicle by confirming the
3 purchaser's identity by a driver's license, a state issued
4 identification card, or other reliable means.
5 (10) For wrecked, dismantled, or rebuilt vehicles, the date the
6 vehicle was wrecked, dismantled, or rebuilt.
7 (d) Except as provided in section 14.5 of this chapter, for each
8 major component part acquired by the automotive salvage recycler, the
9 record keeping forms required under subsection (a) must contain the
10 following information:
11 (1) A description of the major component part, including numbers
12 or other marks identifying the major component part.
13 (2) The date the major component part was acquired.
14 (3) The name and address of the person from whom the major
15 component part was acquired.
16 (4) The vehicle identification number, if present on the major
17 component part.
18 (5) A statement of whether any number on the major component
19 part has been defaced, destroyed, or changed.
20 (e) Except as provided in section 14.5 of this chapter, for each
21 major component part sold or disposed of by the automotive salvage
22 recycler, the record keeping forms required under subsection (a) must
23 contain the following information:
24 (1) A description of the major component part, including numbers
25 or other marks identifying the major component part.
26 (2) The date the major component part was sold or disposed of.
27 (3) The way in which the major component part was disposed of.
28 (4) The vehicle identification number, if present on the major
29 component part. If the vehicle identification number is not present
30 on the major component part, the vehicle identification number
31 from the source vehicle, if known.
32 (5) Verification of the purchaser of the major component part by
33 confirming the purchaser's identity by a driver's license, a state
34 issued identification card, or other reliable means.
35 (f) Separate records for each vehicle or major component part must
36 be maintained.
37 (g) Except as provided in section 14.5 of this chapter, the record
38 keeping requirements of this section do not apply to hulk crushers or
39 to scrap metal processors when purchasing scrap from a person that is
40 licensed under this article and that is required to keep records under
41 this section.
42 (h) An automotive salvage recycler licensed under this article that
2022 IN 293—LS 6765/DI 143 9
1 knowingly or intentionally fails to:
2 (1) maintain records regarding salvage vehicles or major
3 component parts acquired or sold by the business; or
4 (2) maintain records regarding salvage vehicles or major
5 component parts on forms that comply with this section;
6 commits a Class A infraction.
7 (i) Records required to be maintained under this section may be
8 maintained in any form of data storage acceptable to the secretary if the
9 records are readily accessible and available to copy by an investigating
10 or auditing employee of the secretary upon demand at the established
11 place of business.
12 SECTION 11. IC 9-32-11-2, AS AMENDED BY P.L.120-2020,
13 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 2. (a) An application for a license under this
15 article must:
16 (1) be accompanied by payment of the applicable fee required
17 under this section;
18 (2) be on a form prescribed by the secretary;
19 (3) contain the information the secretary considers necessary to
20 enable the secretary to determine fully:
21 (A) the qualifications and eligibility of the applicant to receive
22 the license; and
23 (B) the ability of the applicant to conduct properly the business
24 for which the application is submitted;
25 (4) contain evidence of a bond required in subsection (e);
26 (5) contain evidence of liability coverage required by section 14
27 of this chapter;
28 (6) contain the federal tax identification number issued to the
29 dealer; and
30 (7) contain the registered retail merchant's certificate issued to the
31 dealer under IC 6-2.5-8.
32 (b) An application for a license as a dealer must show whether the
33 applicant proposes to sell new or used motor vehicles, or both.
34 (c) An applicant who proposes to use the Internet or another
35 computer network to facilitate the sale of motor vehicles shall maintain
36 all records at the established place of business in Indiana.
37 (d) Except as provided in subsections subsection (e), (h), and (i),
38 the application must include an affidavit from:
39 (1) the person charged with enforcing a zoning ordinance, if one
40 exists; or
41 (2) the zoning enforcement officer under IC 36-7-4;
42 who has jurisdiction over the real property where the applicant wants
2022 IN 293—LS 6765/DI 143 10
1 to operate as a dealer. The affidavit must state that the proposed
2 location is zoned for the operation of a dealer's establishment.
3 (e) Except as provided in subsections (h) and (i), If there is no
4 person or officer under subsection (d)(1) or (d)(2), the application must
5 be accompanied by a statement to that effect from the executive (as
6 defined in IC 36-1-2-5) of the unit in which the real property is located.
7 (f) The applicant may file the zoning affidavit under subsection (d)
8 or statement under subsection (e) with the application at any time after
9 the filing of the application. However, the secretary may not issue a
10 license until the applicant files the affidavit or the statement.
11 (g) The zoning affidavit under subsection (d) or statement under
12 subsection (e) may not be signed by a person described in subsection
13 (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
14 before the affidavit or statement is submitted to the secretary as part of
15 an application for a license under this article.
16 (h) If:
17 (1) the dealer's established place of business is a manufactured
18 home community;
19 (2) the dealer operates the manufactured home community; and
20 (3) the dealer is selling or will be selling only manufactured
21 homes that:
22 (A) are already located within the manufactured home
23 community; or
24 (B) will be installed within the manufactured home
25 community;
26 the application must be accompanied by an affidavit under subsection
27 (i).
28 (i) An affidavit submitted by a dealer under subsection (h) must
29 affirm under penalty of perjury that:
30 (1) a zoning affidavit or statement is not required under
31 subsection (h); and
32 (2) the applicant intends to sell only manufactured homes to
33 buyers that purchase manufactured homes with the intent for the
34 manufactured home to:
35 (A) remain within the manufactured home community; or
36 (B) be installed within the manufactured home community.
37 (j) If the secretary receives a written complaint from a person
38 described in subsection (d)(1) or (d)(2) that a dealer under subsection
39 (h) is operating in violation of a local zoning ordinance, the secretary
40 shall delay the issuance or renewal of the dealer's license until the local
41 zoning complaints have been satisfied.
42 (k) (h) A licensee shall maintain a bond satisfactory to the secretary
2022 IN 293—LS 6765/DI 143 11
1 in the amount of twenty-five thousand dollars ($25,000). The bond
2 must:
3 (1) be in favor of the state;
4 (2) secure payment of fines, penalties, costs, and fees assessed by
5 the secretary after:
6 (A) notice;
7 (B) opportunity for a hearing; and
8 (C) opportunity for judicial review; and
9 (3) secure the payment of damages to a person aggrieved by a
10 violation of this article by the licensee after a judgment has been
11 issued.
12 (l) (i) Service under this chapter shall be made in accordance with
13 the Indiana Rules of Trial Procedure.
14 (m) (j) The fee for a license for a manufacturer or a distributor is
15 thirty-five dollars ($35).
16 (n) (k) The fee for a license for a used motor vehicle dealer, new
17 motor vehicle dealer, or automobile auction company is thirty dollars
18 ($30).
19 (o) (l) The fee for a transfer dealer or a converter manufacturer is
20 twenty dollars ($20).
21 (p) (m) The fees collected under this section are nonrefundable and
22 shall be deposited as set forth in IC 9-32-7-3.
23 SECTION 12. IC 9-32-11-6, AS AMENDED BY P.L.284-2019,
24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 6. (a) A license issued to a dealer under this
26 article:
27 (1) must specify the established place of business; and
28 (2) shall be conspicuously displayed at the established place of
29 business.
30 (b) If a dealer's:
31 (1) business name, including a doing business as name;
32 (2) established place of business address;
33 (3) business entity type;
34 (4) contact information;
35 (5) dealer owner; or
36 (6) dealer manager;
37 changes, the dealer shall submit to the secretary an application for
38 approval of the change not later than ten (10) days after the change in
39 a manner prescribed by the secretary.
40 (c) If a dealer requests a change to information appearing on the
41 dealer's printed dealer license, the dealer shall remit a fee of five
42 dollars ($5) with the notification and submit any additional information
2022 IN 293—LS 6765/DI 143 12
1 necessary to obtain an amended dealer license. The fee is
2 nonrefundable, and the secretary shall retain the fee.
3 (d) (c) A dealer that uses the Internet or another computer network
4 to facilitate the sale of motor vehicles as set forth in section 2(c) of this
5 chapter shall notify the secretary not later than ten (10) days after any
6 change in a name, address, or telephone number documented in
7 business records located outside Indiana that have been created in
8 transactions made in Indiana by the dealer. A report made under this
9 subsection is not subject to the fee under subsection (c).
10 (e) (d) Except as provided in subsection (f), (e), an application
11 requesting a change to the address for the dealer's established place of
12 business must be accompanied by an affidavit stating that the proposed
13 location is zoned for the operation of a dealer's establishment from:
14 (1) the person charged with enforcing a zoning ordinance
15 described in this subsection; or
16 (2) the zoning enforcement officer under IC 36-7-4;
17 that has jurisdiction over the real property where the applicant wants
18 to operate as a dealer.
19 (f) (e) If there is no person or officer under subsection (e)(1) or
20 (e)(2), (d)(1) or (d)(2), the application must be accompanied by a
21 statement to that effect from the executive (as defined in IC 36-1-2-5)
22 of the unit in which the real property is located.
23 (g) (f) The secretary may not approve a change of location until the
24 dealer provides the affidavit or the statement.
25 (h) (g) The affidavit or statement may not be signed by a person
26 described in subsection (e)(1) or (e)(2) (d)(1) or (d)(2) or the executive
27 of a unit more than ninety (90) days before the affidavit or statement is
28 submitted to the secretary as part of an application for a change of
29 location.
30 (i) (h) For the purpose of this section, an offsite sales license issued
31 under section 11 of this chapter does not constitute a change of
32 location.
33 SECTION 13. IC 9-32-11-11, AS AMENDED BY P.L.120-2020,
34 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 11. (a) Except as otherwise provided, the secretary
36 shall issue an offsite sales permit to a dealer licensed under this article
37 who submits an application for the permit not later than ten (10)
38 business days or two (2) calendar weeks before the offsite sale date.
39 Permit applications under this section shall be made public upon the
40 request of any person.
41 (b) The secretary may not issue an offsite sales permit to the
42 following:
2022 IN 293—LS 6765/DI 143 13
1 (1) Except as provided in subsection (c), an applicant dealer
2 proposing to conduct a sale outside a radius of twenty (20) miles
3 from the applicant dealer's established place of business.
4 (2) An applicant dealer that has held more than three (3)
5 nonconsecutive offsite sales in the year ending on the date of the
6 offsite sale for which the permit application is being submitted.
7 (3) An applicant dealer that is proposing to conduct an offsite sale
8 for more than ten (10) calendar days.
9 (4) An applicant dealer that has failed:
10 (A) to pay the applicable fee; or
11 (B) file an affidavit or statement;
12 under this section.
13 (5) A transfer dealer.
14 (6) An automotive salvage recycler.
15 (c) The following may conduct an offsite sale with an offsite sales
16 permit outside a radius of twenty (20) miles from the entity's
17 established place of business:
18 (1) A new manufactured home dealer.
19 (2) A recreational vehicle dealer.
20 (3) A rental company that is a dealer conducting a sale at a site
21 within twenty (20) miles of any of its company owned affiliates.
22 (4) An off-road vehicle dealer.
23 (5) An applicant dealer that is selling only motor vehicles
24 classified as classic, collector, or antique under rules adopted
25 under section 18(a)(2)(B) of this chapter.
26 (d) An application for an offsite sales permit must include an
27 affidavit stating that the proposed location is zoned for the operation of
28 the dealer's offsite sale from:
29 (1) the person charged with enforcing a zoning ordinance, if the
30 person exists; or
31 (2) the zoning enforcement officer under IC 36-7-4;
32 who has jurisdiction over the real property where the dealer wants to
33 conduct an offsite sale.
34 (e) If there is no person or officer under subsection (d)(1) or (d)(2),
35 the application must be accompanied by a statement of authorization
36 from the executive (as defined in IC 36-1-2-5) of the unit in which the
37 real property is located.
38 (f) The affidavit or statement may not be signed by a person
39 described in subsection (d)(1) or (d)(2) or the executive of a unit more
40 than ninety (90) days before the affidavit or statement is submitted to
41 the secretary as part of an application for a permit under this section.
42 (g) Section 2(c) of this chapter does not apply to the application or
2022 IN 293—LS 6765/DI 143 14
1 issuance of an offsite sales permit under this section.
2 (h) The fee for an offsite sales permit is twenty-five dollars ($25).
3 The fee is nonrefundable and shall be deposited as set forth in
4 IC 9-32-7-3.
5 (i) A dealer may not hold an offsite sale unless it has been at
6 least thirty (30) days since the final day of the dealer's last offsite
7 sale.
8 SECTION 14. IC 9-32-11-14, AS AMENDED BY P.L.174-2016,
9 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 14. (a) At the time of each license application and
11 upon request of the secretary, a person licensed under this article shall
12 furnish evidence that the person:
13 (1) has liability insurance or garage liability insurance of at least
14 five hundred thousand dollars ($500,000) covering the person's
15 established place of business; or
16 (2) is a member of a risk retention group that is regulated by the
17 Indiana department of insurance; or
18 (3) has a liability insurance policy or garage liability policy
19 covering the person's established place of business with limits
20 of at least the following:
21 (b) A policy described in subsection (a)(1) must have limits of at
22 least the following:
23 (1) (A) One hundred thousand dollars ($100,000) for bodily
24 injury to one (1) person.
25 (2) (B) Three hundred thousand dollars ($300,000) for bodily
26 injury for each accident.
27 (3) (C) Fifty thousand dollars ($50,000) for property damage.
28 The minimum amounts required by this subsection section must be
29 maintained during the time the license is valid.
30 SECTION 15. IC 9-32-13-6, AS AMENDED BY P.L.174-2016,
31 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 6. (a) For purposes of this section, "salvage
33 vehicle" has the meaning set forth in IC 9-13-2-160(2).
34 (b) It is an unfair practice for a dealer to sell, exchange, or transfer
35 a rebuilt or salvage vehicle without disclosing in writing to the
36 purchaser, customer, or transferee the fact that the motor vehicle is a
37 rebuilt or salvage vehicle if the dealer knows or should reasonably
38 know before consummating the sale, exchange, or transfer that the
39 motor vehicle is a rebuilt or salvage vehicle.
40 SECTION 16. IC 9-32-16-11, AS AMENDED BY P.L.182-2021,
41 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 11. (a) All dealers and transport operators
2022 IN 293—LS 6765/DI 143 15
1 operating as a:
2 (1) corporation;
3 (2) limited liability company;
4 (3) limited partnership; or
5 (4) limited liability partnership;
6 shall file and maintain all filings required to remain in good standing
7 with the secretary of state business services division.
8 (b) The dealer must, for the entire licensing period, have an
9 established place of business with a physical Indiana address. The
10 dealer may not have a mailing address that differs from the actual
11 location of the business. At the discretion of the secretary, an
12 exemption for the mailing address may be granted for:
13 (1) dealers with an established place of business in a location not
14 serviced by the United States Postal Service to allow a post office
15 box to be used as a mailing address. A dealer using a post office
16 box for this reason must notify the division in writing with the
17 dealer's application; or
18 (2) a manufactured home dealer.
19 (c) Before the secretary may issue a license to a dealer or license
20 plates to a transport operator, the following must occur:
21 (1) A dealer or transport operator must disclose to the secretary
22 the following:
23 (A) Each dealer owner.
24 (B) For a dealer owner that is a business entity, the following:
25 (i) If a corporation, each officer, director, and shareholder
26 designated in writing by the board of directors.
27 (ii) If a limited liability company, each member of the
28 company designated in writing by all members.
29 (iii) If a partnership, each partner.
30 (iv) If a sole proprietorship, the proprietor.
31 (C) Except for a transport operator, each dealer manager.
32 (2) A person under subdivision (1) must submit to a national
33 criminal history background check (as defined in IC 10-13-3-12)
34 or expanded criminal history check (as defined in IC 20-26-2-1.5)
35 administered by the state police.
36 The secretary shall make the determination whether an individual must
37 submit to a national criminal history background check or an expanded
38 criminal history check under this subsection.
39 (d) A national criminal history background check or expanded
40 criminal history check conducted under subsection (c):
41 (1) is at the expense of the dealer or transport operator, and the
42 dealer owners; and
2022 IN 293—LS 6765/DI 143 16
1 (2) may be completed not more than sixty (60) days before the
2 dealer applies for a license under this article.
3 (e) The secretary may deny an application for a license or transport
4 operator license plates if the division finds that a dealer owner or a
5 dealer manager has been convicted of a:
6 (1) felony within the previous ten (10) years;
7 (2) felony or misdemeanor involving theft or fraud; or
8 (3) felony or misdemeanor concerning an aspect of business
9 involving the offer, sale, financing, repair, modification, or
10 manufacture of a motor vehicle or watercraft.
11 (f) If a dealer or transport operator adds, removes, or changes a
12 dealer owner or dealer manager after issuance of the initial license, the
13 dealer or transport operator must submit an application for a change in
14 ownership in a manner prescribed by the secretary not later than ten
15 (10) days after the change. The new dealer owner or dealer manager
16 shall submit to a national criminal history background check or
17 expanded criminal history check as set forth in subsection (c).
18 (g) Following licensure under this article, a dealer or transport
19 operator shall, not later than ninety (90) days after the entry of an order
20 or judgment, notify the division in writing if the dealer owner or dealer
21 manager has been convicted of a:
22 (1) felony within the past ten (10) years;
23 (2) felony or misdemeanor involving theft or fraud; or
24 (3) felony or misdemeanor concerning an aspect of business
25 involving the:
26 (A) offer;
27 (B) sale;
28 (C) financing;
29 (D) repair;
30 (E) modification; or
31 (F) manufacture;
32 of a motor vehicle or watercraft.
33 (h) The dealer or transport operator, and the corporation, company,
34 or partnership must be in good standing with the bureau, the
35 department of state revenue, the department of financial institutions,
36 and the state police department during the entire period for which a
37 license is valid. A manufactured home dealer that owns a
38 manufactured home community must be in good standing with the
39 state department of health during the entire period for which a
40 license is valid.
41 SECTION 17. IC 25-37.5-1-5, AS AMENDED BY P.L.224-2013,
42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022 IN 293—LS 6765/DI 143 17
1 JULY 1, 2022]: Sec. 5. The provisions of sections 2 and 3 of this
2 chapter do not apply to purchases from persons, firms, limited liability
3 companies, or corporations regularly engaged in the business of
4 manufacturing valuable metals, the business of selling valuable metals
5 at retail or wholesale, to the purchase of one valuable metal dealer from
6 another or the purchase from persons, firms, limited liability
7 companies, or corporations engaged in either the generation,
8 transmission, or distribution of electric energy or in telephone,
9 telegraph, and other communications if such persons, firms, limited
10 liability companies, or corporations at the time of purchase provide the
11 valuable metal dealer with a bill of sale or other written evidence of
12 title to the valuable metal. This section does not apply to a used parts
13 dealer.
14 SECTION 18. IC 25-37.5-1-9, AS ADDED BY P.L.224-2013,
15 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 9. (a) A person may not sell or attempt to sell, and
17 a valuable metal dealer may not purchase or attempt to purchase, a
18 catalytic converter, in whole or in part, as valuable metal when the
19 catalytic converter is not attached to a motor vehicle at the time of the
20 sale or attempted sale, unless the seller is a used parts dealer or an
21 automotive repair company.
22 (b) Subsection (a) does not apply when the seller presents the
23 valuable metal dealer with
24 (1) a:
25 (A) certificate of title;
26 (B) certificate of registration;
27 (C) certificate of authority under IC 9-22-5; or
28 (D) receipt from a transaction of repair;
29 for the motor vehicle from which the catalytic converter was
30 taken; or
31 (2) an affidavit executed by a law enforcement officer attesting to
32 the officer's reasonable belief that the catalytic converter lawfully
33 came into the possession of the person attempting to sell the
34 catalytic converter.
2022 IN 293—LS 6765/DI 143