Indiana 2022 Regular Session

Indiana Senate Bill SB0293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	SB0293.1
	2	+	January 19, 2022
	3	+	SENATE BILL No. 293
	4	+	_____
	5	+	DIGEST OF SB 293 (Updated January 18, 2022 10:00 am - DI 140)
	6	+	Citations Affected: IC 9-13; IC 9-32; IC 25-37.5.
	7	+	Synopsis: Manufactured home dealers. Amends the definition of
	8	+	"major component parts" to include a catalytic converter. Provides
	9	+	certain requirements for an automotive salvage recycler who is
	10	+	purchasing catalytic converters. Defines "manufactured home dealer"
	11	+	(dealer). Creates a new chapter concerning the licensing of dealers.
	12	+	Provides that a dealer may hold an offsite sale under certain conditions.
	13	+	Requires certain entities to obtain liability insurance coverage in
	14	+	certain amounts. Provides that it is an unfair practice to sell, exchange,
	15	+	or transfer a salvage vehicle without written disclosure. Provides that
	16	+	a dealer is exempt from certain mailing address requirements. Requires
	17	+	that a dealer must remain in good standing with the state department of
	18	+	health while holding a license.
	19	+	Effective: July 1, 2022; July 1, 2023.
	20	+	Crider, Doriot
	21	+	January 10, 2022, read first time and referred to Committee on Homeland Security and
	22	+	Transportation.
	23	+	January 18, 2022, reported favorably — Do Pass.
	24	+	SB 293—LS 6765/DI 143 January 19, 2022
1	25		Second Regular Session of the 122nd General Assembly (2022)
2	26		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	27		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	28		additions will appear in this style type, and deletions will appear in this style type.
5	29		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	30		provision adopted), the text of the new provision will appear in this style type. Also, the
7	31		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	32		a new provision to the Indiana Code or the Indiana Constitution.
9	33		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	34		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 293
12		-	AN ACT to amend the Indiana Code concerning motor vehicles.
	35	+	SENATE BILL No. 293
	36	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	37	+	motor vehicles.
13	38		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 9-13-2-45, AS AMENDED BY P.L.174-2016,
15		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2022]: Sec. 45. "Distributor" means a person, other than a
17		-	manufacturer, that is engaged in the business of selling new motor
18		-	vehicles to dealers located in Indiana. The term includes a distributor's
19		-	branch office. The term does not include a recreational vehicle
20		-	manufacturer.
21		-	SECTION 2. IC 9-13-2-95, AS AMENDED BY P.L.198-2016,
22		-	SECTION 127, IS AMENDED TO READ AS FOLLOWS
23		-	[EFFECTIVE JULY 1, 2022]: Sec. 95. (a) "Major component parts"
24		-	means those parts of vehicles normally having a manufacturer's vehicle
25		-	identification number, a derivative of the identification number, or a
26		-	number supplied by an authorized governmental agency, including
27		-	doors, fenders, differentials, frames, transmissions, engines, doghouses
28		-	(front assembly), rear clips, and additional parts as prescribed by the
29		-	bureau.
30		-	(b) "Major component parts", for purposes of IC 9-32, includes
31		-	a catalytic converter.
32		-	SECTION 3. IC 9-32-2-16.5 IS ADDED TO THE INDIANA CODE
33		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34		-	1, 2023]: Sec. 16.5. (a) "Manufactured home dealer" means any
35		-	person that within a twelve (12) month period sells, offers to sell,
36		-	SEA 293 2
37		-	or advertises for sale, including directly by the Internet or another
38		-	computer network, at least three (3) new or used manufactured
39		-	homes.
40		-	(b) The term does not include:
41		-	(1) a receiver, trustee, or other person appointed by or acting
42		-	under the judgment or order of a court; or
43		-	(2) a public officer while performing official duties.
44		-	SECTION 4. IC 9-32-2-18.3, AS ADDED BY P.L.120-2020,
45		-	SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46		-	JULY 1, 2023]: Sec. 18.3. "New motor vehicle dealer" means any
47		-	person that within a twelve (12) month period sells, offers to sell, or
48		-	advertises for sale, including directly by the Internet or another
49		-	computer network, at least
50		-	(1) twelve (12) new motor vehicles (excluding manufactured
51		-	homes). or
52		-	(2) three (3) new manufactured homes.
53		-	SECTION 5. IC 9-32-2-26.6, AS ADDED BY P.L.120-2020,
54		-	SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55		-	JULY 1, 2023]: Sec. 26.6. (a) "Used motor vehicle dealer" means any
56		-	person that within a twelve (12) month period sells, offers to sell, or
57		-	advertises for sale, including directly by the Internet or another
58		-	computer network, at least
59		-	(1) twelve (12) used motor vehicles (excluding manufactured
60		-	homes). or
61		-	(2) three (3) used manufactured homes.
62		-	(b) The term does not include the following:
63		-	(1) A receiver, trustee, or other person appointed by or acting
64		-	under the judgment or order of a court.
65		-	(2) A public officer while performing official duties.
66		-	(3) A person that holds a mechanic's lien on a motor vehicle under
67		-	IC 9-22-6, if the person sells the motor vehicle:
68		-	(A) in accordance with requirements in IC 9-22-6; or
69		-	(B) to an automotive salvage recycler licensed under IC 9-32-9
70		-	after the motor vehicle fails to sell at public auction conducted
71		-	in compliance with IC 9-22-6.
72		-	(4) A person that holds a lien for towing services under IC 9-22-1,
73		-	if the person complies with all applicable requirements in
74		-	IC 9-22-1 and IC 9-22-6.
75		-	SECTION 6. IC 9-32-6-11, AS AMENDED BY P.L.120-2020,
76		-	SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77		-	JULY 1, 2022]: Sec. 11. (a) The secretary may issue an interim license
78		-	plate to the following persons licensed under this article:
79		-	SEA 293 3
80		-	(1) An automobile auction company.
81		-	(2) A converter manufacturer.
82		-	(3) A new motor vehicle dealer.
83		-	(4) A distributor.
84		-	(5) (4) A watercraft dealer.
85		-	(6) (5) A manufacturer.
86		-	(7) (6) A used motor vehicle dealer.
87		-	(b) The secretary shall prescribe the form of an interim license plate
88		-	issued under this section. An interim license plate must bear the
89		-	assigned registration number and provide sufficient space for the
90		-	expiration date as provided in subsection (c).
91		-	(c) A dealer may provide a person with not more than one (1)
92		-	interim license plate issued by the secretary at the time the dealer:
93		-	(1) sells or leases a motor vehicle to the person; or
94		-	(2) allows a person that buys a motor vehicle to take delivery of
95		-	the motor vehicle before the sale of the motor vehicle is fully
96		-	funded;
97		-	whichever occurs first. The dealer shall, in the manner provided by the
98		-	secretary, affix on the plate in numerals and letters at least three (3)
99		-	inches high the date on which the interim license plate expires.
100		-	(d) An interim license plate authorizes a person to operate the motor
101		-	vehicle until the earlier of the following dates:
102		-	(1) Forty-five (45) days after the date of sale or lease of the motor
103		-	vehicle to the person.
104		-	(2) The date on which a regular license plate is issued.
105		-	A person that violates this subsection commits a Class A infraction.
106		-	(e) A motor vehicle that is required by law to display license plates
107		-	on the front and rear of the motor vehicle is required to display only a
108		-	single interim license plate.
109		-	(f) An interim license plate shall be displayed:
110		-	(1) in the same manner required in IC 9-18-2-26 (before its
111		-	expiration) or IC 9-18.1-4-3; or
112		-	(2) in a location on the left side of a window facing the rear of the
113		-	motor vehicle that is clearly visible and unobstructed. The plate
114		-	must be affixed to the window of the motor vehicle.
115		-	(g) The dealer must provide an ownership document to the person
116		-	at the time of issuance of the interim license plate that must be kept in
117		-	the motor vehicle during the period an interim license plate is used.
118		-	(h) All interim license plates not issued by the dealer must be
119		-	retained in the possession of the dealer at all times.
120		-	(i) The fee for an interim dealer license plate is three dollars ($3).
121		-	The fee shall be distributed as follows:
122		-	SEA 293 4
123		-	(1) Forty percent (40%) to the crossroads 2000 fund established
124		-	by IC 8-14-10-9.
125		-	(2) Forty-nine percent (49%) to the dealer compliance account
126		-	established by IC 9-32-7-1.
127		-	(3) Eleven percent (11%) to the motor vehicle highway account
128		-	under IC 8-14-1.
129		-	(j) The secretary may issue an interim license plate to a person that
130		-	purchases a motor vehicle from a dealer if the dealer has not timely
131		-	delivered or transmitted the certificate of title for the motor vehicle
132		-	under IC 9-32-4-1.
133		-	(k) The secretary may design and issue to a dealer a motor driven
134		-	cycle decal to be used in conjunction with an interim license plate upon
135		-	the sale of a motor driven cycle.
136		-	(l) A new motor vehicle dealer may issue an interim license plate for
137		-	use on a new motor vehicle that the new motor vehicle dealer delivers
138		-	to a purchaser on behalf of a manufacturer or another new motor
139		-	vehicle dealer if:
140		-	(1) there is a written courtesy agreement between the new motor
141		-	vehicle dealer delivering the motor vehicle and the new motor
142		-	vehicle dealer or manufacturer that sold the motor vehicle being
143		-	delivered; and
144		-	(2) the new motor vehicle is transported directly from the
145		-	manufacturer to the new motor vehicle dealer delivering the new
146		-	motor vehicle to the purchaser.
147		-	A person that violates this subsection commits a Class C infraction.
148		-	(m) A person that fails to display an interim license plate as
149		-	prescribed in subsection (f)(1) or (f)(2) commits a Class C infraction.
150		-	SECTION 7. IC 9-32-6-16, AS AMENDED BY P.L.182-2021,
151		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
152		-	JULY 1, 2022]: Sec. 16. (a) Except as provided in subsection (b), if a
153		-	license plate or registration card issued under this article or under
154		-	IC 9-31-3-19 (before its repeal) is lost, stolen, or destroyed, the dealer
155		-	or transport operator may apply for a replacement license plate or
156		-	registration card in the form and manner prescribed by the secretary.
157		-	(b) If a license plate is lost or stolen, the secretary may not issue a
158		-	replacement license plate until the dealer or transport operator to whom
159		-	the license plate was issued:
160		-	(1) has notified:
161		-	(A) the law enforcement agency that has jurisdiction where the
162		-	loss or theft occurred; or
163		-	(B) the law enforcement agency that has jurisdiction over the
164		-	address of the dealer's established place of business; and
165		-	SEA 293 5
166		-	(2) presents to the secretary on a form prescribed by the secretary
167		-	a report completed by the law enforcement agency that was
168		-	notified under subdivision (1).
169		-	SECTION 8. IC 9-32-8.5 IS ADDED TO THE INDIANA CODE
170		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
171		-	JULY 1, 2023]:
172		-	Chapter 8.5. Manufactured Home Dealers
173		-	Sec. 1. (a) To apply for a license under this article, a
174		-	manufactured home dealer must submit an application to the
175		-	secretary. An application for a license must:
176		-	(1) meet the requirements under IC 9-32-11-2; and
177		-	(2) be accompanied by payment of the fee under subsection
178		-	(d).
179		-	(b) An application for a license as a manufactured home dealer
180		-	must show whether the applicant dealer is a manufactured home
181		-	community or a nonresidential sales lot.
182		-	(c) If the applicant dealer is a manufactured home community,
183		-	the application must contain the following:
184		-	(1) The name and contact information of the park operator.
185		-	(2) A copy of the license issued by the state department of
186		-	health.
187		-	(d) The fee for a license for a manufactured home dealer is
188		-	thirty dollars ($30). The fee is nonrefundable and shall be retained
189		-	by the secretary.
190		-	Sec. 2. (a) Except as provided in subsections (b) and (c), an
191		-	application for a manufactured home dealer license must include
192		-	the zoning affidavit required by IC 9-32-11-2(d).
193		-	(b) If the manufactured home dealer:
194		-	(1) has established a place of business that is a manufactured
195		-	home community;
196		-	(2) operates the manufactured home community; and
197		-	(3) is selling or will be selling only manufactured homes that:
198		-	(A) are already located within the manufactured home
199		-	community; or
200		-	(B) will be installed within the manufactured home
201		-	community;
202		-	the application must be accompanied by an affidavit under
203		-	subsection (c).
204		-	(c) An affidavit submitted by a manufactured home dealer
205		-	under subsection (b) must affirm under penalty of perjury that:
206		-	(1) a zoning affidavit or statement is not required under
207		-	subsection (b); and
208		-	SEA 293 6
209		-	(2) the applicant intends to sell only manufactured homes to
210		-	buyers that purchase manufactured homes with the intent for
211		-	the manufactured home to:
212		-	(A) remain within the manufactured home community; or
213		-	(B) be installed within the manufactured home community.
214		-	(d) If the secretary receives a written complaint from the person
215		-	charged with enforcing a zoning ordinance, if one exists, or the
216		-	zoning enforcement officer under IC 36-7-4, that a manufactured
217		-	home dealer who is licensed under subsection (b) or (c) is operating
218		-	in violation of a zoning affidavit required under IC 9-32-11-2(d),
219		-	the secretary shall delay the issuance or renewal of the
220		-	manufactured home dealer's license until the local zoning
221		-	complaint has been satisfied.
222		-	Sec. 3. (a) If the manufactured home dealer's established place
223		-	of business is a nonresidential sales lot, it must meet the
224		-	requirements for new or used motor vehicle dealers as prescribed
225		-	by the secretary under rules adopted under IC 4-22-2.
226		-	(b) If the manufactured home dealer's established place of
227		-	business is a manufactured home community, it must meet location
228		-	standards required by the state department of health.
229		-	SECTION 9. IC 9-32-9-14.5 IS ADDED TO THE INDIANA CODE
230		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
231		-	1, 2022]: Sec. 14.5. (a) An automotive salvage recycler who is
232		-	purchasing a detached catalytic converter valued at less than
233		-	twenty-five dollars ($25) may remit payment in cash. An
234		-	automotive salvage recycler may not purchase more than one (1)
235		-	detached catalytic converter for cash per seller per day under this
236		-	subsection.
237		-	(b) An automated salvage recycler who is purchasing a detached
238		-	catalytic converter that is valued at twenty-five dollars ($25) or
239		-	more:
240		-	(1) must remit payment by check issued and made payable to
241		-	the seller; and
242		-	(2) must not cash a check issued under subdivision (1), or use
243		-	an automated teller machine or other cash card system in lieu
244		-	of a check.
245		-	(c) For each detached catalytic converter purchase by an
246		-	automotive recycler under subsection (b), the automotive salvage
247		-	recycler shall keep all records required by IC 25-37.5-1-2.
248		-	(d) Records required to be maintained under this section may
249		-	be maintained in any form of data storage acceptable to the
250		-	secretary if the records are readily accessible and available to copy
251		-	SEA 293 7
252		-	by an investigating or auditing employee of the secretary upon
253		-	demand at the established place of business.
254		-	(e) An automotive salvage recycler licensed under this article
255		-	that knowingly or intentionally fails to maintain the records
256		-	required by this section commits a Class A infraction.
257		-	SECTION 10. IC 9-32-9-15, AS AMENDED BY P.L.284-2019,
258		-	SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
259		-	JULY 1, 2022]: Sec. 15. (a) The secretary shall prescribe record
260		-	keeping forms to be used by an automotive salvage recycler to preserve
261		-	information about vehicles or major component parts acquired or sold
262		-	by the business.
263		-	(b) For each vehicle acquired by an automotive salvage recycler, the
264		-	record keeping forms required under subsection (a) must contain the
265		-	following information:
266		-	(1) A description of the vehicle, including numbers or other
267		-	marks identifying the vehicle.
268		-	(2) The date the vehicle was acquired.
269		-	(3) The name and address of the person from whom the vehicle
270		-	was acquired.
271		-	(4) The vehicle's trade name.
272		-	(5) The vehicle's manufacturer.
273		-	(6) The vehicle's type.
274		-	(7) The model year.
275		-	(8) The vehicle identification number.
276		-	(9) A statement of whether any number has been defaced,
277		-	destroyed, or changed.
278		-	(c) For each vehicle sold or disposed of by the automotive salvage
279		-	recycler, the record keeping forms required under subsection (a) must
280		-	contain the following information:
281		-	(1) A description of the vehicle, including numbers or other
282		-	marks identifying the vehicle.
283		-	(2) The date the vehicle was disposed of.
284		-	(3) The way in which the vehicle was disposed of.
285		-	(4) The vehicle's trade name.
286		-	(5) The vehicle's manufacturer.
287		-	(6) The vehicle's type.
288		-	(7) The model year.
289		-	(8) The vehicle identification number.
290		-	(9) Verification of the purchaser of the vehicle by confirming the
291		-	purchaser's identity by a driver's license, a state issued
292		-	identification card, or other reliable means.
293		-	(10) For wrecked, dismantled, or rebuilt vehicles, the date the
294		-	SEA 293 8
295		-	vehicle was wrecked, dismantled, or rebuilt.
296		-	(d) Except as provided in section 14.5 of this chapter, for each
297		-	major component part acquired by the automotive salvage recycler, the
298		-	record keeping forms required under subsection (a) must contain the
299		-	following information:
300		-	(1) A description of the major component part, including numbers
301		-	or other marks identifying the major component part.
302		-	(2) The date the major component part was acquired.
303		-	(3) The name and address of the person from whom the major
304		-	component part was acquired.
305		-	(4) The vehicle identification number, if present on the major
306		-	component part.
307		-	(5) A statement of whether any number on the major component
308		-	part has been defaced, destroyed, or changed.
309		-	(e) Except as provided in section 14.5 of this chapter, for each
310		-	major component part sold or disposed of by the automotive salvage
311		-	recycler, the record keeping forms required under subsection (a) must
312		-	contain the following information:
313		-	(1) A description of the major component part, including numbers
314		-	or other marks identifying the major component part.
315		-	(2) The date the major component part was sold or disposed of.
316		-	(3) The way in which the major component part was disposed of.
317		-	(4) The vehicle identification number, if present on the major
318		-	component part. If the vehicle identification number is not present
319		-	on the major component part, the vehicle identification number
320		-	from the source vehicle, if known.
321		-	(5) Verification of the purchaser of the major component part by
322		-	confirming the purchaser's identity by a driver's license, a state
323		-	issued identification card, or other reliable means.
324		-	(f) Separate records for each vehicle or major component part must
325		-	be maintained.
326		-	(g) Except as provided in section 14.5 of this chapter, the record
327		-	keeping requirements of this section do not apply to hulk crushers or
328		-	to scrap metal processors when purchasing scrap from a person that is
329		-	licensed under this article and that is required to keep records under
330		-	this section.
331		-	(h) An automotive salvage recycler licensed under this article that
332		-	knowingly or intentionally fails to:
333		-	(1) maintain records regarding salvage vehicles or major
334		-	component parts acquired or sold by the business; or
335		-	(2) maintain records regarding salvage vehicles or major
336		-	component parts on forms that comply with this section;
337		-	SEA 293 9
338		-	commits a Class A infraction.
339		-	(i) Records required to be maintained under this section may be
340		-	maintained in any form of data storage acceptable to the secretary if the
341		-	records are readily accessible and available to copy by an investigating
342		-	or auditing employee of the secretary upon demand at the established
343		-	place of business.
344		-	SECTION 11. IC 9-32-11-2, AS AMENDED BY P.L.120-2020,
345		-	SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
346		-	JULY 1, 2023]: Sec. 2. (a) An application for a license under this
347		-	article must:
348		-	(1) be accompanied by payment of the applicable fee required
349		-	under this section;
350		-	(2) be on a form prescribed by the secretary;
351		-	(3) contain the information the secretary considers necessary to
352		-	enable the secretary to determine fully:
353		-	(A) the qualifications and eligibility of the applicant to receive
354		-	the license; and
355		-	(B) the ability of the applicant to conduct properly the business
356		-	for which the application is submitted;
357		-	(4) contain evidence of a bond required in subsection (e);
358		-	(5) contain evidence of liability coverage required by section 14
359		-	of this chapter;
360		-	(6) contain the federal tax identification number issued to the
361		-	dealer; and
362		-	(7) contain the registered retail merchant's certificate issued to the
363		-	dealer under IC 6-2.5-8.
364		-	(b) An application for a license as a dealer must show whether the
365		-	applicant proposes to sell new or used motor vehicles, or both.
366		-	(c) An applicant who proposes to use the Internet or another
367		-	computer network to facilitate the sale of motor vehicles shall maintain
368		-	all records at the established place of business in Indiana.
369		-	(d) Except as provided in subsections subsection (e), (h), and (i),
370		-	the application must include an affidavit from:
371		-	(1) the person charged with enforcing a zoning ordinance, if one
372		-	exists; or
373		-	(2) the zoning enforcement officer under IC 36-7-4;
374		-	who has jurisdiction over the real property where the applicant wants
375		-	to operate as a dealer. The affidavit must state that the proposed
376		-	location is zoned for the operation of a dealer's establishment.
377		-	(e) Except as provided in subsections (h) and (i), If there is no
378		-	person or officer under subsection (d)(1) or (d)(2), the application must
379		-	be accompanied by a statement to that effect from the executive (as
380		-	SEA 293 10
381		-	defined in IC 36-1-2-5) of the unit in which the real property is located.
382		-	(f) The applicant may file the zoning affidavit under subsection (d)
383		-	or statement under subsection (e) with the application at any time after
384		-	the filing of the application. However, the secretary may not issue a
385		-	license until the applicant files the affidavit or the statement.
386		-	(g) The zoning affidavit under subsection (d) or statement under
387		-	subsection (e) may not be signed by a person described in subsection
388		-	(d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
389		-	before the affidavit or statement is submitted to the secretary as part of
390		-	an application for a license under this article.
391		-	(h) If:
392		-	(1) the dealer's established place of business is a manufactured
393		-	home community;
394		-	(2) the dealer operates the manufactured home community; and
395		-	(3) the dealer is selling or will be selling only manufactured
396		-	homes that:
397		-	(A) are already located within the manufactured home
398		-	community; or
399		-	(B) will be installed within the manufactured home
400		-	community;
401		-	the application must be accompanied by an affidavit under subsection
402		-	(i).
403		-	(i) An affidavit submitted by a dealer under subsection (h) must
404		-	affirm under penalty of perjury that:
405		-	(1) a zoning affidavit or statement is not required under
406		-	subsection (h); and
407		-	(2) the applicant intends to sell only manufactured homes to
408		-	buyers that purchase manufactured homes with the intent for the
409		-	manufactured home to:
410		-	(A) remain within the manufactured home community; or
411		-	(B) be installed within the manufactured home community.
412		-	(j) If the secretary receives a written complaint from a person
413		-	described in subsection (d)(1) or (d)(2) that a dealer under subsection
414		-	(h) is operating in violation of a local zoning ordinance, the secretary
415		-	shall delay the issuance or renewal of the dealer's license until the local
416		-	zoning complaints have been satisfied.
417		-	(k) (h) A licensee shall maintain a bond satisfactory to the secretary
418		-	in the amount of twenty-five thousand dollars ($25,000). The bond
419		-	must:
420		-	(1) be in favor of the state;
421		-	(2) secure payment of fines, penalties, costs, and fees assessed by
422		-	the secretary after:
423		-	SEA 293 11
424		-	(A) notice;
425		-	(B) opportunity for a hearing; and
426		-	(C) opportunity for judicial review; and
427		-	(3) secure the payment of damages to a person aggrieved by a
428		-	violation of this article by the licensee after a judgment has been
429		-	issued.
430		-	(l) (i) Service under this chapter shall be made in accordance with
431		-	the Indiana Rules of Trial Procedure.
432		-	(m) (j) The fee for a license for a manufacturer or a distributor is
433		-	thirty-five dollars ($35).
434		-	(n) (k) The fee for a license for a used motor vehicle dealer, new
435		-	motor vehicle dealer, or automobile auction company is thirty dollars
436		-	($30).
437		-	(o) (l) The fee for a transfer dealer or a converter manufacturer is
438		-	twenty dollars ($20).
439		-	(p) (m) The fees collected under this section are nonrefundable and
440		-	shall be deposited as set forth in IC 9-32-7-3.
441		-	SECTION 12. IC 9-32-11-6, AS AMENDED BY P.L.284-2019,
442		-	SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
443		-	JULY 1, 2022]: Sec. 6. (a) A license issued to a dealer under this
444		-	article:
445		-	(1) must specify the established place of business; and
446		-	(2) shall be conspicuously displayed at the established place of
447		-	business.
448		-	(b) If a dealer's:
449		-	(1) business name, including a doing business as name;
450		-	(2) established place of business address;
451		-	(3) business entity type;
452		-	(4) contact information;
453		-	(5) dealer owner; or
454		-	(6) dealer manager;
455		-	changes, the dealer shall submit to the secretary an application for
456		-	approval of the change not later than ten (10) days after the change in
457		-	a manner prescribed by the secretary.
458		-	(c) If a dealer requests a change to information appearing on the
459		-	dealer's printed dealer license, the dealer shall remit a fee of five
460		-	dollars ($5) with the notification and submit any additional information
461		-	necessary to obtain an amended dealer license. The fee is
462		-	nonrefundable, and the secretary shall retain the fee.
463		-	(d) (c) A dealer that uses the Internet or another computer network
464		-	to facilitate the sale of motor vehicles as set forth in section 2(c) of this
465		-	chapter shall notify the secretary not later than ten (10) days after any
466		-	SEA 293 12
467		-	change in a name, address, or telephone number documented in
468		-	business records located outside Indiana that have been created in
469		-	transactions made in Indiana by the dealer. A report made under this
470		-	subsection is not subject to the fee under subsection (c).
471		-	(e) (d) Except as provided in subsection (f), (e), an application
472		-	requesting a change to the address for the dealer's established place of
473		-	business must be accompanied by an affidavit stating that the proposed
474		-	location is zoned for the operation of a dealer's establishment from:
475		-	(1) the person charged with enforcing a zoning ordinance
476		-	described in this subsection; or
477		-	(2) the zoning enforcement officer under IC 36-7-4;
478		-	that has jurisdiction over the real property where the applicant wants
479		-	to operate as a dealer.
480		-	(f) (e) If there is no person or officer under subsection (e)(1) or
481		-	(e)(2), (d)(1) or (d)(2), the application must be accompanied by a
482		-	statement to that effect from the executive (as defined in IC 36-1-2-5)
483		-	of the unit in which the real property is located.
484		-	(g) (f) The secretary may not approve a change of location until the
485		-	dealer provides the affidavit or the statement.
486		-	(h) (g) The affidavit or statement may not be signed by a person
487		-	described in subsection (e)(1) or (e)(2) (d)(1) or (d)(2) or the executive
488		-	of a unit more than ninety (90) days before the affidavit or statement is
489		-	submitted to the secretary as part of an application for a change of
490		-	location.
491		-	(i) (h) For the purpose of this section, an offsite sales license issued
492		-	under section 11 of this chapter does not constitute a change of
493		-	location.
494		-	SECTION 13. IC 9-32-11-11, AS AMENDED BY P.L.120-2020,
495		-	SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
496		-	JULY 1, 2022]: Sec. 11. (a) Except as otherwise provided, the secretary
497		-	shall issue an offsite sales permit to a dealer licensed under this article
498		-	who submits an application for the permit not later than ten (10)
499		-	business days or two (2) calendar weeks before the offsite sale date.
500		-	Permit applications under this section shall be made public upon the
501		-	request of any person.
502		-	(b) The secretary may not issue an offsite sales permit to the
503		-	following:
504		-	(1) Except as provided in subsection (c), an applicant dealer
505		-	proposing to conduct a sale outside a radius of twenty (20) miles
506		-	from the applicant dealer's established place of business.
507		-	(2) An applicant dealer that has held more than three (3)
508		-	nonconsecutive offsite sales in the year ending on the date of the
509		-	SEA 293 13
510		-	offsite sale for which the permit application is being submitted.
511		-	(3) An applicant dealer that is proposing to conduct an offsite sale
512		-	for more than ten (10) calendar days.
513		-	(4) An applicant dealer that has failed:
514		-	(A) to pay the applicable fee; or
515		-	(B) file an affidavit or statement;
516		-	under this section.
517		-	(5) A transfer dealer.
518		-	(6) An automotive salvage recycler.
519		-	(c) The following may conduct an offsite sale with an offsite sales
520		-	permit outside a radius of twenty (20) miles from the entity's
521		-	established place of business:
522		-	(1) A new manufactured home dealer.
523		-	(2) A recreational vehicle dealer.
524		-	(3) A rental company that is a dealer conducting a sale at a site
525		-	within twenty (20) miles of any of its company owned affiliates.
526		-	(4) An off-road vehicle dealer.
527		-	(5) An applicant dealer that is selling only motor vehicles
528		-	classified as classic, collector, or antique under rules adopted
529		-	under section 18(a)(2)(B) of this chapter.
530		-	(d) An application for an offsite sales permit must include an
531		-	affidavit stating that the proposed location is zoned for the operation of
532		-	the dealer's offsite sale from:
533		-	(1) the person charged with enforcing a zoning ordinance, if the
534		-	person exists; or
535		-	(2) the zoning enforcement officer under IC 36-7-4;
536		-	who has jurisdiction over the real property where the dealer wants to
537		-	conduct an offsite sale.
538		-	(e) If there is no person or officer under subsection (d)(1) or (d)(2),
539		-	the application must be accompanied by a statement of authorization
540		-	from the executive (as defined in IC 36-1-2-5) of the unit in which the
541		-	real property is located.
542		-	(f) The affidavit or statement may not be signed by a person
543		-	described in subsection (d)(1) or (d)(2) or the executive of a unit more
544		-	than ninety (90) days before the affidavit or statement is submitted to
545		-	the secretary as part of an application for a permit under this section.
546		-	(g) Section 2(c) of this chapter does not apply to the application or
547		-	issuance of an offsite sales permit under this section.
548		-	(h) The fee for an offsite sales permit is twenty-five dollars ($25).
549		-	The fee is nonrefundable and shall be deposited as set forth in
550		-	IC 9-32-7-3.
551		-	(i) A dealer may not hold an offsite sale unless it has been at
552		-	SEA 293 14
553		-	least thirty (30) days since the final day of the dealer's last offsite
554		-	sale.
555		-	SECTION 14. IC 9-32-11-14, AS AMENDED BY P.L.174-2016,
556		-	SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
557		-	JULY 1, 2022]: Sec. 14. (a) At the time of each license application and
558		-	upon request of the secretary, a person licensed under this article shall
559		-	furnish evidence that the person:
560		-	(1) has liability insurance or garage liability insurance of at least
561		-	five hundred thousand dollars ($500,000) covering the person's
562		-	established place of business; or
563		-	(2) is a member of a risk retention group that is regulated by the
564		-	Indiana department of insurance; or
565		-	(3) has a liability insurance policy or garage liability policy
566		-	covering the person's established place of business with limits
567		-	of at least the following:
568		-	(b) A policy described in subsection (a)(1) must have limits of at
569		-	least the following:
570		-	(1) (A) One hundred thousand dollars ($100,000) for bodily
571		-	injury to one (1) person.
572		-	(2) (B) Three hundred thousand dollars ($300,000) for bodily
573		-	injury for each accident.
574		-	(3) (C) Fifty thousand dollars ($50,000) for property damage.
575		-	The minimum amounts required by this subsection section must be
576		-	maintained during the time the license is valid.
577		-	SECTION 15. IC 9-32-13-6, AS AMENDED BY P.L.174-2016,
578		-	SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
579		-	JULY 1, 2022]: Sec. 6. (a) For purposes of this section, "salvage
580		-	vehicle" has the meaning set forth in IC 9-13-2-160(2).
581		-	(b) It is an unfair practice for a dealer to sell, exchange, or transfer
582		-	a rebuilt or salvage vehicle without disclosing in writing to the
583		-	purchaser, customer, or transferee the fact that the motor vehicle is a
584		-	rebuilt or salvage vehicle if the dealer knows or should reasonably
585		-	know before consummating the sale, exchange, or transfer that the
586		-	motor vehicle is a rebuilt or salvage vehicle.
587		-	SECTION 16. IC 9-32-16-11, AS AMENDED BY P.L.182-2021,
588		-	SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
589		-	JULY 1, 2023]: Sec. 11. (a) All dealers and transport operators
590		-	operating as a:
591		-	(1) corporation;
592		-	(2) limited liability company;
593		-	(3) limited partnership; or
594		-	(4) limited liability partnership;
595		-	SEA 293 15
596		-	shall file and maintain all filings required to remain in good standing
597		-	with the secretary of state business services division.
598		-	(b) The dealer must, for the entire licensing period, have an
599		-	established place of business with a physical Indiana address. The
600		-	dealer may not have a mailing address that differs from the actual
601		-	location of the business. At the discretion of the secretary, an
602		-	exemption for the mailing address may be granted for:
603		-	(1) dealers with an established place of business in a location not
604		-	serviced by the United States Postal Service to allow a post office
605		-	box to be used as a mailing address. A dealer using a post office
606		-	box for this reason must notify the division in writing with the
607		-	dealer's application; or
608		-	(2) a manufactured home dealer.
609		-	(c) Before the secretary may issue a license to a dealer or license
610		-	plates to a transport operator, the following must occur:
611		-	(1) A dealer or transport operator must disclose to the secretary
612		-	the following:
613		-	(A) Each dealer owner.
614		-	(B) For a dealer owner that is a business entity, the following:
615		-	(i) If a corporation, each officer, director, and shareholder
616		-	designated in writing by the board of directors.
617		-	(ii) If a limited liability company, each member of the
618		-	company designated in writing by all members.
619		-	(iii) If a partnership, each partner.
620		-	(iv) If a sole proprietorship, the proprietor.
621		-	(C) Except for a transport operator, each dealer manager.
622		-	(2) A person under subdivision (1) must submit to a national
623		-	criminal history background check (as defined in IC 10-13-3-12)
624		-	or expanded criminal history check (as defined in IC 20-26-2-1.5)
625		-	administered by the state police.
626		-	The secretary shall make the determination whether an individual must
627		-	submit to a national criminal history background check or an expanded
628		-	criminal history check under this subsection.
629		-	(d) A national criminal history background check or expanded
630		-	criminal history check conducted under subsection (c):
631		-	(1) is at the expense of the dealer or transport operator, and the
632		-	dealer owners; and
633		-	(2) may be completed not more than sixty (60) days before the
634		-	dealer applies for a license under this article.
635		-	(e) The secretary may deny an application for a license or transport
636		-	operator license plates if the division finds that a dealer owner or a
637		-	dealer manager has been convicted of a:
638		-	SEA 293 16
639		-	(1) felony within the previous ten (10) years;
640		-	(2) felony or misdemeanor involving theft or fraud; or
641		-	(3) felony or misdemeanor concerning an aspect of business
642		-	involving the offer, sale, financing, repair, modification, or
643		-	manufacture of a motor vehicle or watercraft.
644		-	(f) If a dealer or transport operator adds, removes, or changes a
645		-	dealer owner or dealer manager after issuance of the initial license, the
646		-	dealer or transport operator must submit an application for a change in
647		-	ownership in a manner prescribed by the secretary not later than ten
648		-	(10) days after the change. The new dealer owner or dealer manager
649		-	shall submit to a national criminal history background check or
650		-	expanded criminal history check as set forth in subsection (c).
651		-	(g) Following licensure under this article, a dealer or transport
652		-	operator shall, not later than ninety (90) days after the entry of an order
653		-	or judgment, notify the division in writing if the dealer owner or dealer
654		-	manager has been convicted of a:
655		-	(1) felony within the past ten (10) years;
656		-	(2) felony or misdemeanor involving theft or fraud; or
657		-	(3) felony or misdemeanor concerning an aspect of business
658		-	involving the:
659		-	(A) offer;
660		-	(B) sale;
661		-	(C) financing;
662		-	(D) repair;
663		-	(E) modification; or
664		-	(F) manufacture;
665		-	of a motor vehicle or watercraft.
666		-	(h) The dealer or transport operator, and the corporation, company,
667		-	or partnership must be in good standing with the bureau, the
668		-	department of state revenue, the department of financial institutions,
669		-	and the state police department during the entire period for which a
670		-	license is valid. A manufactured home dealer that owns a
671		-	manufactured home community must be in good standing with the
672		-	state department of health during the entire period for which a
673		-	license is valid.
674		-	SECTION 17. IC 25-37.5-1-5, AS AMENDED BY P.L.224-2013,
675		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
676		-	JULY 1, 2022]: Sec. 5. The provisions of sections 2 and 3 of this
677		-	chapter do not apply to purchases from persons, firms, limited liability
678		-	companies, or corporations regularly engaged in the business of
679		-	manufacturing valuable metals, the business of selling valuable metals
680		-	at retail or wholesale, to the purchase of one valuable metal dealer from
681		-	SEA 293 17
682		-	another or the purchase from persons, firms, limited liability
683		-	companies, or corporations engaged in either the generation,
684		-	transmission, or distribution of electric energy or in telephone,
685		-	telegraph, and other communications if such persons, firms, limited
686		-	liability companies, or corporations at the time of purchase provide the
687		-	valuable metal dealer with a bill of sale or other written evidence of
688		-	title to the valuable metal. This section does not apply to a used parts
689		-	dealer.
690		-	SECTION 18. IC 25-37.5-1-9, AS ADDED BY P.L.224-2013,
691		-	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
692		-	JULY 1, 2022]: Sec. 9. (a) A person may not sell or attempt to sell, and
693		-	a valuable metal dealer may not purchase or attempt to purchase, a
694		-	catalytic converter, in whole or in part, as valuable metal when the
695		-	catalytic converter is not attached to a motor vehicle at the time of the
696		-	sale or attempted sale, unless the seller is a used parts dealer or an
697		-	automotive repair company.
698		-	(b) Subsection (a) does not apply when the seller presents the
699		-	valuable metal dealer with
700		-	(1) a:
701		-	(A) certificate of title;
702		-	(B) certificate of registration;
703		-	(C) certificate of authority under IC 9-22-5; or
704		-	(D) receipt from a transaction of repair;
705		-	for the motor vehicle from which the catalytic converter was
706		-	taken; or
707		-	(2) an affidavit executed by a law enforcement officer attesting to
708		-	the officer's reasonable belief that the catalytic converter lawfully
709		-	came into the possession of the person attempting to sell the
710		-	catalytic converter.
711		-	SEA 293 President of the Senate
712		-	President Pro Tempore
713		-	Speaker of the House of Representatives
714		-	Governor of the State of Indiana
715		-	Date: Time:
716		-	SEA 293
	39	+	1 SECTION 1. IC 9-13-2-45, AS AMENDED BY P.L.174-2016,
	40	+	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	41	+	3 JULY 1, 2022]: Sec. 45. "Distributor" means a person, other than a
	42	+	4 manufacturer, that is engaged in the business of selling new motor
	43	+	5 vehicles to dealers located in Indiana. The term includes a distributor's
	44	+	6 branch office. The term does not include a recreational vehicle
	45	+	7 manufacturer.
	46	+	8 SECTION 2. IC 9-13-2-95, AS AMENDED BY P.L.198-2016,
	47	+	9 SECTION 127, IS AMENDED TO READ AS FOLLOWS
	48	+	10 [EFFECTIVE JULY 1, 2022]: Sec. 95. (a) "Major component parts"
	49	+	11 means those parts of vehicles normally having a manufacturer's vehicle
	50	+	12 identification number, a derivative of the identification number, or a
	51	+	13 number supplied by an authorized governmental agency, including
	52	+	14 doors, fenders, differentials, frames, transmissions, engines, doghouses
	53	+	15 (front assembly), rear clips, and additional parts as prescribed by the
	54	+	16 bureau.
	55	+	17 (b) "Major component parts", for purposes of IC 9-32, includes
	56	+	SB 293—LS 6765/DI 143 2
	57	+	1 a catalytic converter.
	58	+	2 SECTION 3. IC 9-32-2-16.5 IS ADDED TO THE INDIANA CODE
	59	+	3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	60	+	4 1, 2023]: Sec. 16.5. (a) "Manufactured home dealer" means any
	61	+	5 person that within a twelve (12) month period sells, offers to sell,
	62	+	6 or advertises for sale, including directly by the Internet or another
	63	+	7 computer network, at least three (3) new or used manufactured
	64	+	8 homes.
	65	+	9 (b) The term does not include:
	66	+	10 (1) a receiver, trustee, or other person appointed by or acting
	67	+	11 under the judgment or order of a court; or
	68	+	12 (2) a public officer while performing official duties.
	69	+	13 SECTION 4. IC 9-32-2-18.3, AS ADDED BY P.L.120-2020,
	70	+	14 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	71	+	15 JULY 1, 2023]: Sec. 18.3. "New motor vehicle dealer" means any
	72	+	16 person that within a twelve (12) month period sells, offers to sell, or
	73	+	17 advertises for sale, including directly by the Internet or another
	74	+	18 computer network, at least
	75	+	19 (1) twelve (12) new motor vehicles (excluding manufactured
	76	+	20 homes). or
	77	+	21 (2) three (3) new manufactured homes.
	78	+	22 SECTION 5. IC 9-32-2-26.6, AS ADDED BY P.L.120-2020,
	79	+	23 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	80	+	24 JULY 1, 2023]: Sec. 26.6. (a) "Used motor vehicle dealer" means any
	81	+	25 person that within a twelve (12) month period sells, offers to sell, or
	82	+	26 advertises for sale, including directly by the Internet or another
	83	+	27 computer network, at least
	84	+	28 (1) twelve (12) used motor vehicles (excluding manufactured
	85	+	29 homes). or
	86	+	30 (2) three (3) used manufactured homes.
	87	+	31 (b) The term does not include the following:
	88	+	32 (1) A receiver, trustee, or other person appointed by or acting
	89	+	33 under the judgment or order of a court.
	90	+	34 (2) A public officer while performing official duties.
	91	+	35 (3) A person that holds a mechanic's lien on a motor vehicle under
	92	+	36 IC 9-22-6, if the person sells the motor vehicle:
	93	+	37 (A) in accordance with requirements in IC 9-22-6; or
	94	+	38 (B) to an automotive salvage recycler licensed under IC 9-32-9
	95	+	39 after the motor vehicle fails to sell at public auction conducted
	96	+	40 in compliance with IC 9-22-6.
	97	+	41 (4) A person that holds a lien for towing services under IC 9-22-1,
	98	+	42 if the person complies with all applicable requirements in
	99	+	SB 293—LS 6765/DI 143 3
	100	+	1 IC 9-22-1 and IC 9-22-6.
	101	+	2 SECTION 6. IC 9-32-6-11, AS AMENDED BY P.L.120-2020,
	102	+	3 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	103	+	4 JULY 1, 2022]: Sec. 11. (a) The secretary may issue an interim license
	104	+	5 plate to the following persons licensed under this article:
	105	+	6 (1) An automobile auction company.
	106	+	7 (2) A converter manufacturer.
	107	+	8 (3) A new motor vehicle dealer.
	108	+	9 (4) A distributor.
	109	+	10 (5) (4) A watercraft dealer.
	110	+	11 (6) (5) A manufacturer.
	111	+	12 (7) (6) A used motor vehicle dealer.
	112	+	13 (b) The secretary shall prescribe the form of an interim license plate
	113	+	14 issued under this section. An interim license plate must bear the
	114	+	15 assigned registration number and provide sufficient space for the
	115	+	16 expiration date as provided in subsection (c).
	116	+	17 (c) A dealer may provide a person with not more than one (1)
	117	+	18 interim license plate issued by the secretary at the time the dealer:
	118	+	19 (1) sells or leases a motor vehicle to the person; or
	119	+	20 (2) allows a person that buys a motor vehicle to take delivery of
	120	+	21 the motor vehicle before the sale of the motor vehicle is fully
	121	+	22 funded;
	122	+	23 whichever occurs first. The dealer shall, in the manner provided by the
	123	+	24 secretary, affix on the plate in numerals and letters at least three (3)
	124	+	25 inches high the date on which the interim license plate expires.
	125	+	26 (d) An interim license plate authorizes a person to operate the motor
	126	+	27 vehicle until the earlier of the following dates:
	127	+	28 (1) Forty-five (45) days after the date of sale or lease of the motor
	128	+	29 vehicle to the person.
	129	+	30 (2) The date on which a regular license plate is issued.
	130	+	31 A person that violates this subsection commits a Class A infraction.
	131	+	32 (e) A motor vehicle that is required by law to display license plates
	132	+	33 on the front and rear of the motor vehicle is required to display only a
	133	+	34 single interim license plate.
	134	+	35 (f) An interim license plate shall be displayed:
	135	+	36 (1) in the same manner required in IC 9-18-2-26 (before its
	136	+	37 expiration) or IC 9-18.1-4-3; or
	137	+	38 (2) in a location on the left side of a window facing the rear of the
	138	+	39 motor vehicle that is clearly visible and unobstructed. The plate
	139	+	40 must be affixed to the window of the motor vehicle.
	140	+	41 (g) The dealer must provide an ownership document to the person
	141	+	42 at the time of issuance of the interim license plate that must be kept in
	142	+	SB 293—LS 6765/DI 143 4
	143	+	1 the motor vehicle during the period an interim license plate is used.
	144	+	2 (h) All interim license plates not issued by the dealer must be
	145	+	3 retained in the possession of the dealer at all times.
	146	+	4 (i) The fee for an interim dealer license plate is three dollars ($3).
	147	+	5 The fee shall be distributed as follows:
	148	+	6 (1) Forty percent (40%) to the crossroads 2000 fund established
	149	+	7 by IC 8-14-10-9.
	150	+	8 (2) Forty-nine percent (49%) to the dealer compliance account
	151	+	9 established by IC 9-32-7-1.
	152	+	10 (3) Eleven percent (11%) to the motor vehicle highway account
	153	+	11 under IC 8-14-1.
	154	+	12 (j) The secretary may issue an interim license plate to a person that
	155	+	13 purchases a motor vehicle from a dealer if the dealer has not timely
	156	+	14 delivered or transmitted the certificate of title for the motor vehicle
	157	+	15 under IC 9-32-4-1.
	158	+	16 (k) The secretary may design and issue to a dealer a motor driven
	159	+	17 cycle decal to be used in conjunction with an interim license plate upon
	160	+	18 the sale of a motor driven cycle.
	161	+	19 (l) A new motor vehicle dealer may issue an interim license plate for
	162	+	20 use on a new motor vehicle that the new motor vehicle dealer delivers
	163	+	21 to a purchaser on behalf of a manufacturer or another new motor
	164	+	22 vehicle dealer if:
	165	+	23 (1) there is a written courtesy agreement between the new motor
	166	+	24 vehicle dealer delivering the motor vehicle and the new motor
	167	+	25 vehicle dealer or manufacturer that sold the motor vehicle being
	168	+	26 delivered; and
	169	+	27 (2) the new motor vehicle is transported directly from the
	170	+	28 manufacturer to the new motor vehicle dealer delivering the new
	171	+	29 motor vehicle to the purchaser.
	172	+	30 A person that violates this subsection commits a Class C infraction.
	173	+	31 (m) A person that fails to display an interim license plate as
	174	+	32 prescribed in subsection (f)(1) or (f)(2) commits a Class C infraction.
	175	+	33 SECTION 7. IC 9-32-6-16, AS AMENDED BY P.L.182-2021,
	176	+	34 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	177	+	35 JULY 1, 2022]: Sec. 16. (a) Except as provided in subsection (b), if a
	178	+	36 license plate or registration card issued under this article or under
	179	+	37 IC 9-31-3-19 (before its repeal) is lost, stolen, or destroyed, the dealer
	180	+	38 or transport operator may apply for a replacement license plate or
	181	+	39 registration card in the form and manner prescribed by the secretary.
	182	+	40 (b) If a license plate is lost or stolen, the secretary may not issue a
	183	+	41 replacement license plate until the dealer or transport operator to whom
	184	+	42 the license plate was issued:
	185	+	SB 293—LS 6765/DI 143 5
	186	+	1 (1) has notified:
	187	+	2 (A) the law enforcement agency that has jurisdiction where the
	188	+	3 loss or theft occurred; or
	189	+	4 (B) the law enforcement agency that has jurisdiction over the
	190	+	5 address of the dealer's established place of business; and
	191	+	6 (2) presents to the secretary on a form prescribed by the secretary
	192	+	7 a report completed by the law enforcement agency that was
	193	+	8 notified under subdivision (1).
	194	+	9 SECTION 8. IC 9-32-8.5 IS ADDED TO THE INDIANA CODE
	195	+	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	196	+	11 JULY 1, 2023]:
	197	+	12 Chapter 8.5. Manufactured Home Dealers
	198	+	13 Sec. 1. (a) To apply for a license under this article, a
	199	+	14 manufactured home dealer must submit an application to the
	200	+	15 secretary. An application for a license must:
	201	+	16 (1) meet the requirements under IC 9-32-11-2; and
	202	+	17 (2) be accompanied by payment of the fee under subsection
	203	+	18 (d).
	204	+	19 (b) An application for a license as a manufactured home dealer
	205	+	20 must show whether the applicant dealer is a manufactured home
	206	+	21 community or a nonresidential sales lot.
	207	+	22 (c) If the applicant dealer is a manufactured home community,
	208	+	23 the application must contain the following:
	209	+	24 (1) The name and contact information of the park operator.
	210	+	25 (2) A copy of the license issued by the state department of
	211	+	26 health.
	212	+	27 (d) The fee for a license for a manufactured home dealer is
	213	+	28 thirty dollars ($30). The fee is nonrefundable and shall be retained
	214	+	29 by the secretary.
	215	+	30 Sec. 2. (a) Except as provided in subsections (b) and (c), an
	216	+	31 application for a manufactured home dealer license must include
	217	+	32 the zoning affidavit required by IC 9-32-11-2(d).
	218	+	33 (b) If the manufactured home dealer:
	219	+	34 (1) has established a place of business that is a manufactured
	220	+	35 home community;
	221	+	36 (2) operates the manufactured home community; and
	222	+	37 (3) is selling or will be selling only manufactured homes that:
	223	+	38 (A) are already located within the manufactured home
	224	+	39 community; or
	225	+	40 (B) will be installed within the manufactured home
	226	+	41 community;
	227	+	42 the application must be accompanied by an affidavit under
	228	+	SB 293—LS 6765/DI 143 6
	229	+	1 subsection (c).
	230	+	2 (c) An affidavit submitted by a manufactured home dealer
	231	+	3 under subsection (b) must affirm under penalty of perjury that:
	232	+	4 (1) a zoning affidavit or statement is not required under
	233	+	5 subsection (b); and
	234	+	6 (2) the applicant intends to sell only manufactured homes to
	235	+	7 buyers that purchase manufactured homes with the intent for
	236	+	8 the manufactured home to:
	237	+	9 (A) remain within the manufactured home community; or
	238	+	10 (B) be installed within the manufactured home community.
	239	+	11 (d) If the secretary receives a written complaint from the person
	240	+	12 charged with enforcing a zoning ordinance, if one exists, or the
	241	+	13 zoning enforcement officer under IC 36-7-4, that a manufactured
	242	+	14 home dealer who is licensed under subsection (b) or (c) is operating
	243	+	15 in violation of a zoning affidavit required under IC 9-32-11-2(d),
	244	+	16 the secretary shall delay the issuance or renewal of the
	245	+	17 manufactured home dealer's license until the local zoning
	246	+	18 complaint has been satisfied.
	247	+	19 Sec. 3. (a) If the manufactured home dealer's established place
	248	+	20 of business is a nonresidential sales lot, it must meet the
	249	+	21 requirements for new or used motor vehicle dealers as prescribed
	250	+	22 by the secretary under rules adopted under IC 4-22-2.
	251	+	23 (b) If the manufactured home dealer's established place of
	252	+	24 business is a manufactured home community, it must meet location
	253	+	25 standards required by the state department of health.
	254	+	26 SECTION 9. IC 9-32-9-14.5 IS ADDED TO THE INDIANA CODE
	255	+	27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	256	+	28 1, 2022]: Sec. 14.5. (a) An automotive salvage recycler who is
	257	+	29 purchasing a detached catalytic converter valued at less than
	258	+	30 twenty-five dollars ($25) may remit payment in cash. An
	259	+	31 automotive salvage recycler may not purchase more than one (1)
	260	+	32 detached catalytic converter for cash per seller per day under this
	261	+	33 subsection.
	262	+	34 (b) An automated salvage recycler who is purchasing a detached
	263	+	35 catalytic converter that is valued at twenty-five dollars ($25) or
	264	+	36 more:
	265	+	37 (1) must remit payment by check issued and made payable to
	266	+	38 the seller; and
	267	+	39 (2) must not cash a check issued under subdivision (1), or use
	268	+	40 an automated teller machine or other cash card system in lieu
	269	+	41 of a check.
	270	+	42 (c) For each detached catalytic converter purchase by an
	271	+	SB 293—LS 6765/DI 143 7
	272	+	1 automotive recycler under subsection (b), the automotive salvage
	273	+	2 recycler shall keep all records required by IC 25-37.5-1-2.
	274	+	3 (d) Records required to be maintained under this section may
	275	+	4 be maintained in any form of data storage acceptable to the
	276	+	5 secretary if the records are readily accessible and available to copy
	277	+	6 by an investigating or auditing employee of the secretary upon
	278	+	7 demand at the established place of business.
	279	+	8 (e) An automotive salvage recycler licensed under this article
	280	+	9 that knowingly or intentionally fails to maintain the records
	281	+	10 required by this section commits a Class A infraction.
	282	+	11 SECTION 10. IC 9-32-9-15, AS AMENDED BY P.L.284-2019,
	283	+	12 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	284	+	13 JULY 1, 2022]: Sec. 15. (a) The secretary shall prescribe record
	285	+	14 keeping forms to be used by an automotive salvage recycler to preserve
	286	+	15 information about vehicles or major component parts acquired or sold
	287	+	16 by the business.
	288	+	17 (b) For each vehicle acquired by an automotive salvage recycler, the
	289	+	18 record keeping forms required under subsection (a) must contain the
	290	+	19 following information:
	291	+	20 (1) A description of the vehicle, including numbers or other
	292	+	21 marks identifying the vehicle.
	293	+	22 (2) The date the vehicle was acquired.
	294	+	23 (3) The name and address of the person from whom the vehicle
	295	+	24 was acquired.
	296	+	25 (4) The vehicle's trade name.
	297	+	26 (5) The vehicle's manufacturer.
	298	+	27 (6) The vehicle's type.
	299	+	28 (7) The model year.
	300	+	29 (8) The vehicle identification number.
	301	+	30 (9) A statement of whether any number has been defaced,
	302	+	31 destroyed, or changed.
	303	+	32 (c) For each vehicle sold or disposed of by the automotive salvage
	304	+	33 recycler, the record keeping forms required under subsection (a) must
	305	+	34 contain the following information:
	306	+	35 (1) A description of the vehicle, including numbers or other
	307	+	36 marks identifying the vehicle.
	308	+	37 (2) The date the vehicle was disposed of.
	309	+	38 (3) The way in which the vehicle was disposed of.
	310	+	39 (4) The vehicle's trade name.
	311	+	40 (5) The vehicle's manufacturer.
	312	+	41 (6) The vehicle's type.
	313	+	42 (7) The model year.
	314	+	SB 293—LS 6765/DI 143 8
	315	+	1 (8) The vehicle identification number.
	316	+	2 (9) Verification of the purchaser of the vehicle by confirming the
	317	+	3 purchaser's identity by a driver's license, a state issued
	318	+	4 identification card, or other reliable means.
	319	+	5 (10) For wrecked, dismantled, or rebuilt vehicles, the date the
	320	+	6 vehicle was wrecked, dismantled, or rebuilt.
	321	+	7 (d) Except as provided in section 14.5 of this chapter, for each
	322	+	8 major component part acquired by the automotive salvage recycler, the
	323	+	9 record keeping forms required under subsection (a) must contain the
	324	+	10 following information:
	325	+	11 (1) A description of the major component part, including numbers
	326	+	12 or other marks identifying the major component part.
	327	+	13 (2) The date the major component part was acquired.
	328	+	14 (3) The name and address of the person from whom the major
	329	+	15 component part was acquired.
	330	+	16 (4) The vehicle identification number, if present on the major
	331	+	17 component part.
	332	+	18 (5) A statement of whether any number on the major component
	333	+	19 part has been defaced, destroyed, or changed.
	334	+	20 (e) Except as provided in section 14.5 of this chapter, for each
	335	+	21 major component part sold or disposed of by the automotive salvage
	336	+	22 recycler, the record keeping forms required under subsection (a) must
	337	+	23 contain the following information:
	338	+	24 (1) A description of the major component part, including numbers
	339	+	25 or other marks identifying the major component part.
	340	+	26 (2) The date the major component part was sold or disposed of.
	341	+	27 (3) The way in which the major component part was disposed of.
	342	+	28 (4) The vehicle identification number, if present on the major
	343	+	29 component part. If the vehicle identification number is not present
	344	+	30 on the major component part, the vehicle identification number
	345	+	31 from the source vehicle, if known.
	346	+	32 (5) Verification of the purchaser of the major component part by
	347	+	33 confirming the purchaser's identity by a driver's license, a state
	348	+	34 issued identification card, or other reliable means.
	349	+	35 (f) Separate records for each vehicle or major component part must
	350	+	36 be maintained.
	351	+	37 (g) Except as provided in section 14.5 of this chapter, the record
	352	+	38 keeping requirements of this section do not apply to hulk crushers or
	353	+	39 to scrap metal processors when purchasing scrap from a person that is
	354	+	40 licensed under this article and that is required to keep records under
	355	+	41 this section.
	356	+	42 (h) An automotive salvage recycler licensed under this article that
	357	+	SB 293—LS 6765/DI 143 9
	358	+	1 knowingly or intentionally fails to:
	359	+	2 (1) maintain records regarding salvage vehicles or major
	360	+	3 component parts acquired or sold by the business; or
	361	+	4 (2) maintain records regarding salvage vehicles or major
	362	+	5 component parts on forms that comply with this section;
	363	+	6 commits a Class A infraction.
	364	+	7 (i) Records required to be maintained under this section may be
	365	+	8 maintained in any form of data storage acceptable to the secretary if the
	366	+	9 records are readily accessible and available to copy by an investigating
	367	+	10 or auditing employee of the secretary upon demand at the established
	368	+	11 place of business.
	369	+	12 SECTION 11. IC 9-32-11-2, AS AMENDED BY P.L.120-2020,
	370	+	13 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	371	+	14 JULY 1, 2023]: Sec. 2. (a) An application for a license under this
	372	+	15 article must:
	373	+	16 (1) be accompanied by payment of the applicable fee required
	374	+	17 under this section;
	375	+	18 (2) be on a form prescribed by the secretary;
	376	+	19 (3) contain the information the secretary considers necessary to
	377	+	20 enable the secretary to determine fully:
	378	+	21 (A) the qualifications and eligibility of the applicant to receive
	379	+	22 the license; and
	380	+	23 (B) the ability of the applicant to conduct properly the business
	381	+	24 for which the application is submitted;
	382	+	25 (4) contain evidence of a bond required in subsection (e);
	383	+	26 (5) contain evidence of liability coverage required by section 14
	384	+	27 of this chapter;
	385	+	28 (6) contain the federal tax identification number issued to the
	386	+	29 dealer; and
	387	+	30 (7) contain the registered retail merchant's certificate issued to the
	388	+	31 dealer under IC 6-2.5-8.
	389	+	32 (b) An application for a license as a dealer must show whether the
	390	+	33 applicant proposes to sell new or used motor vehicles, or both.
	391	+	34 (c) An applicant who proposes to use the Internet or another
	392	+	35 computer network to facilitate the sale of motor vehicles shall maintain
	393	+	36 all records at the established place of business in Indiana.
	394	+	37 (d) Except as provided in subsections subsection (e), (h), and (i),
	395	+	38 the application must include an affidavit from:
	396	+	39 (1) the person charged with enforcing a zoning ordinance, if one
	397	+	40 exists; or
	398	+	41 (2) the zoning enforcement officer under IC 36-7-4;
	399	+	42 who has jurisdiction over the real property where the applicant wants
	400	+	SB 293—LS 6765/DI 143 10
	401	+	1 to operate as a dealer. The affidavit must state that the proposed
	402	+	2 location is zoned for the operation of a dealer's establishment.
	403	+	3 (e) Except as provided in subsections (h) and (i), If there is no
	404	+	4 person or officer under subsection (d)(1) or (d)(2), the application must
	405	+	5 be accompanied by a statement to that effect from the executive (as
	406	+	6 defined in IC 36-1-2-5) of the unit in which the real property is located.
	407	+	7 (f) The applicant may file the zoning affidavit under subsection (d)
	408	+	8 or statement under subsection (e) with the application at any time after
	409	+	9 the filing of the application. However, the secretary may not issue a
	410	+	10 license until the applicant files the affidavit or the statement.
	411	+	11 (g) The zoning affidavit under subsection (d) or statement under
	412	+	12 subsection (e) may not be signed by a person described in subsection
	413	+	13 (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
	414	+	14 before the affidavit or statement is submitted to the secretary as part of
	415	+	15 an application for a license under this article.
	416	+	16 (h) If:
	417	+	17 (1) the dealer's established place of business is a manufactured
	418	+	18 home community;
	419	+	19 (2) the dealer operates the manufactured home community; and
	420	+	20 (3) the dealer is selling or will be selling only manufactured
	421	+	21 homes that:
	422	+	22 (A) are already located within the manufactured home
	423	+	23 community; or
	424	+	24 (B) will be installed within the manufactured home
	425	+	25 community;
	426	+	26 the application must be accompanied by an affidavit under subsection
	427	+	27 (i).
	428	+	28 (i) An affidavit submitted by a dealer under subsection (h) must
	429	+	29 affirm under penalty of perjury that:
	430	+	30 (1) a zoning affidavit or statement is not required under
	431	+	31 subsection (h); and
	432	+	32 (2) the applicant intends to sell only manufactured homes to
	433	+	33 buyers that purchase manufactured homes with the intent for the
	434	+	34 manufactured home to:
	435	+	35 (A) remain within the manufactured home community; or
	436	+	36 (B) be installed within the manufactured home community.
	437	+	37 (j) If the secretary receives a written complaint from a person
	438	+	38 described in subsection (d)(1) or (d)(2) that a dealer under subsection
	439	+	39 (h) is operating in violation of a local zoning ordinance, the secretary
	440	+	40 shall delay the issuance or renewal of the dealer's license until the local
	441	+	41 zoning complaints have been satisfied.
	442	+	42 (k) (h) A licensee shall maintain a bond satisfactory to the secretary
	443	+	SB 293—LS 6765/DI 143 11
	444	+	1 in the amount of twenty-five thousand dollars ($25,000). The bond
	445	+	2 must:
	446	+	3 (1) be in favor of the state;
	447	+	4 (2) secure payment of fines, penalties, costs, and fees assessed by
	448	+	5 the secretary after:
	449	+	6 (A) notice;
	450	+	7 (B) opportunity for a hearing; and
	451	+	8 (C) opportunity for judicial review; and
	452	+	9 (3) secure the payment of damages to a person aggrieved by a
	453	+	10 violation of this article by the licensee after a judgment has been
	454	+	11 issued.
	455	+	12 (l) (i) Service under this chapter shall be made in accordance with
	456	+	13 the Indiana Rules of Trial Procedure.
	457	+	14 (m) (j) The fee for a license for a manufacturer or a distributor is
	458	+	15 thirty-five dollars ($35).
	459	+	16 (n) (k) The fee for a license for a used motor vehicle dealer, new
	460	+	17 motor vehicle dealer, or automobile auction company is thirty dollars
	461	+	18 ($30).
	462	+	19 (o) (l) The fee for a transfer dealer or a converter manufacturer is
	463	+	20 twenty dollars ($20).
	464	+	21 (p) (m) The fees collected under this section are nonrefundable and
	465	+	22 shall be deposited as set forth in IC 9-32-7-3.
	466	+	23 SECTION 12. IC 9-32-11-6, AS AMENDED BY P.L.284-2019,
	467	+	24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	468	+	25 JULY 1, 2022]: Sec. 6. (a) A license issued to a dealer under this
	469	+	26 article:
	470	+	27 (1) must specify the established place of business; and
	471	+	28 (2) shall be conspicuously displayed at the established place of
	472	+	29 business.
	473	+	30 (b) If a dealer's:
	474	+	31 (1) business name, including a doing business as name;
	475	+	32 (2) established place of business address;
	476	+	33 (3) business entity type;
	477	+	34 (4) contact information;
	478	+	35 (5) dealer owner; or
	479	+	36 (6) dealer manager;
	480	+	37 changes, the dealer shall submit to the secretary an application for
	481	+	38 approval of the change not later than ten (10) days after the change in
	482	+	39 a manner prescribed by the secretary.
	483	+	40 (c) If a dealer requests a change to information appearing on the
	484	+	41 dealer's printed dealer license, the dealer shall remit a fee of five
	485	+	42 dollars ($5) with the notification and submit any additional information
	486	+	SB 293—LS 6765/DI 143 12
	487	+	1 necessary to obtain an amended dealer license. The fee is
	488	+	2 nonrefundable, and the secretary shall retain the fee.
	489	+	3 (d) (c) A dealer that uses the Internet or another computer network
	490	+	4 to facilitate the sale of motor vehicles as set forth in section 2(c) of this
	491	+	5 chapter shall notify the secretary not later than ten (10) days after any
	492	+	6 change in a name, address, or telephone number documented in
	493	+	7 business records located outside Indiana that have been created in
	494	+	8 transactions made in Indiana by the dealer. A report made under this
	495	+	9 subsection is not subject to the fee under subsection (c).
	496	+	10 (e) (d) Except as provided in subsection (f), (e), an application
	497	+	11 requesting a change to the address for the dealer's established place of
	498	+	12 business must be accompanied by an affidavit stating that the proposed
	499	+	13 location is zoned for the operation of a dealer's establishment from:
	500	+	14 (1) the person charged with enforcing a zoning ordinance
	501	+	15 described in this subsection; or
	502	+	16 (2) the zoning enforcement officer under IC 36-7-4;
	503	+	17 that has jurisdiction over the real property where the applicant wants
	504	+	18 to operate as a dealer.
	505	+	19 (f) (e) If there is no person or officer under subsection (e)(1) or
	506	+	20 (e)(2), (d)(1) or (d)(2), the application must be accompanied by a
	507	+	21 statement to that effect from the executive (as defined in IC 36-1-2-5)
	508	+	22 of the unit in which the real property is located.
	509	+	23 (g) (f) The secretary may not approve a change of location until the
	510	+	24 dealer provides the affidavit or the statement.
	511	+	25 (h) (g) The affidavit or statement may not be signed by a person
	512	+	26 described in subsection (e)(1) or (e)(2) (d)(1) or (d)(2) or the executive
	513	+	27 of a unit more than ninety (90) days before the affidavit or statement is
	514	+	28 submitted to the secretary as part of an application for a change of
	515	+	29 location.
	516	+	30 (i) (h) For the purpose of this section, an offsite sales license issued
	517	+	31 under section 11 of this chapter does not constitute a change of
	518	+	32 location.
	519	+	33 SECTION 13. IC 9-32-11-11, AS AMENDED BY P.L.120-2020,
	520	+	34 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	521	+	35 JULY 1, 2022]: Sec. 11. (a) Except as otherwise provided, the secretary
	522	+	36 shall issue an offsite sales permit to a dealer licensed under this article
	523	+	37 who submits an application for the permit not later than ten (10)
	524	+	38 business days or two (2) calendar weeks before the offsite sale date.
	525	+	39 Permit applications under this section shall be made public upon the
	526	+	40 request of any person.
	527	+	41 (b) The secretary may not issue an offsite sales permit to the
	528	+	42 following:
	529	+	SB 293—LS 6765/DI 143 13
	530	+	1 (1) Except as provided in subsection (c), an applicant dealer
	531	+	2 proposing to conduct a sale outside a radius of twenty (20) miles
	532	+	3 from the applicant dealer's established place of business.
	533	+	4 (2) An applicant dealer that has held more than three (3)
	534	+	5 nonconsecutive offsite sales in the year ending on the date of the
	535	+	6 offsite sale for which the permit application is being submitted.
	536	+	7 (3) An applicant dealer that is proposing to conduct an offsite sale
	537	+	8 for more than ten (10) calendar days.
	538	+	9 (4) An applicant dealer that has failed:
	539	+	10 (A) to pay the applicable fee; or
	540	+	11 (B) file an affidavit or statement;
	541	+	12 under this section.
	542	+	13 (5) A transfer dealer.
	543	+	14 (6) An automotive salvage recycler.
	544	+	15 (c) The following may conduct an offsite sale with an offsite sales
	545	+	16 permit outside a radius of twenty (20) miles from the entity's
	546	+	17 established place of business:
	547	+	18 (1) A new manufactured home dealer.
	548	+	19 (2) A recreational vehicle dealer.
	549	+	20 (3) A rental company that is a dealer conducting a sale at a site
	550	+	21 within twenty (20) miles of any of its company owned affiliates.
	551	+	22 (4) An off-road vehicle dealer.
	552	+	23 (5) An applicant dealer that is selling only motor vehicles
	553	+	24 classified as classic, collector, or antique under rules adopted
	554	+	25 under section 18(a)(2)(B) of this chapter.
	555	+	26 (d) An application for an offsite sales permit must include an
	556	+	27 affidavit stating that the proposed location is zoned for the operation of
	557	+	28 the dealer's offsite sale from:
	558	+	29 (1) the person charged with enforcing a zoning ordinance, if the
	559	+	30 person exists; or
	560	+	31 (2) the zoning enforcement officer under IC 36-7-4;
	561	+	32 who has jurisdiction over the real property where the dealer wants to
	562	+	33 conduct an offsite sale.
	563	+	34 (e) If there is no person or officer under subsection (d)(1) or (d)(2),
	564	+	35 the application must be accompanied by a statement of authorization
	565	+	36 from the executive (as defined in IC 36-1-2-5) of the unit in which the
	566	+	37 real property is located.
	567	+	38 (f) The affidavit or statement may not be signed by a person
	568	+	39 described in subsection (d)(1) or (d)(2) or the executive of a unit more
	569	+	40 than ninety (90) days before the affidavit or statement is submitted to
	570	+	41 the secretary as part of an application for a permit under this section.
	571	+	42 (g) Section 2(c) of this chapter does not apply to the application or
	572	+	SB 293—LS 6765/DI 143 14
	573	+	1 issuance of an offsite sales permit under this section.
	574	+	2 (h) The fee for an offsite sales permit is twenty-five dollars ($25).
	575	+	3 The fee is nonrefundable and shall be deposited as set forth in
	576	+	4 IC 9-32-7-3.
	577	+	5 (i) A dealer may not hold an offsite sale unless it has been at
	578	+	6 least thirty (30) days since the final day of the dealer's last offsite
	579	+	7 sale.
	580	+	8 SECTION 14. IC 9-32-11-14, AS AMENDED BY P.L.174-2016,
	581	+	9 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	582	+	10 JULY 1, 2022]: Sec. 14. (a) At the time of each license application and
	583	+	11 upon request of the secretary, a person licensed under this article shall
	584	+	12 furnish evidence that the person:
	585	+	13 (1) has liability insurance or garage liability insurance of at least
	586	+	14 five hundred thousand dollars ($500,000) covering the person's
	587	+	15 established place of business; or
	588	+	16 (2) is a member of a risk retention group that is regulated by the
	589	+	17 Indiana department of insurance; or
	590	+	18 (3) has a liability insurance policy or garage liability policy
	591	+	19 covering the person's established place of business with limits
	592	+	20 of at least the following:
	593	+	21 (b) A policy described in subsection (a)(1) must have limits of at
	594	+	22 least the following:
	595	+	23 (1) (A) One hundred thousand dollars ($100,000) for bodily
	596	+	24 injury to one (1) person.
	597	+	25 (2) (B) Three hundred thousand dollars ($300,000) for bodily
	598	+	26 injury for each accident.
	599	+	27 (3) (C) Fifty thousand dollars ($50,000) for property damage.
	600	+	28 The minimum amounts required by this subsection section must be
	601	+	29 maintained during the time the license is valid.
	602	+	30 SECTION 15. IC 9-32-13-6, AS AMENDED BY P.L.174-2016,
	603	+	31 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	604	+	32 JULY 1, 2022]: Sec. 6. (a) For purposes of this section, "salvage
	605	+	33 vehicle" has the meaning set forth in IC 9-13-2-160(2).
	606	+	34 (b) It is an unfair practice for a dealer to sell, exchange, or transfer
	607	+	35 a rebuilt or salvage vehicle without disclosing in writing to the
	608	+	36 purchaser, customer, or transferee the fact that the motor vehicle is a
	609	+	37 rebuilt or salvage vehicle if the dealer knows or should reasonably
	610	+	38 know before consummating the sale, exchange, or transfer that the
	611	+	39 motor vehicle is a rebuilt or salvage vehicle.
	612	+	40 SECTION 16. IC 9-32-16-11, AS AMENDED BY P.L.182-2021,
	613	+	41 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	614	+	42 JULY 1, 2023]: Sec. 11. (a) All dealers and transport operators
	615	+	SB 293—LS 6765/DI 143 15
	616	+	1 operating as a:
	617	+	2 (1) corporation;
	618	+	3 (2) limited liability company;
	619	+	4 (3) limited partnership; or
	620	+	5 (4) limited liability partnership;
	621	+	6 shall file and maintain all filings required to remain in good standing
	622	+	7 with the secretary of state business services division.
	623	+	8 (b) The dealer must, for the entire licensing period, have an
	624	+	9 established place of business with a physical Indiana address. The
	625	+	10 dealer may not have a mailing address that differs from the actual
	626	+	11 location of the business. At the discretion of the secretary, an
	627	+	12 exemption for the mailing address may be granted for:
	628	+	13 (1) dealers with an established place of business in a location not
	629	+	14 serviced by the United States Postal Service to allow a post office
	630	+	15 box to be used as a mailing address. A dealer using a post office
	631	+	16 box for this reason must notify the division in writing with the
	632	+	17 dealer's application; or
	633	+	18 (2) a manufactured home dealer.
	634	+	19 (c) Before the secretary may issue a license to a dealer or license
	635	+	20 plates to a transport operator, the following must occur:
	636	+	21 (1) A dealer or transport operator must disclose to the secretary
	637	+	22 the following:
	638	+	23 (A) Each dealer owner.
	639	+	24 (B) For a dealer owner that is a business entity, the following:
	640	+	25 (i) If a corporation, each officer, director, and shareholder
	641	+	26 designated in writing by the board of directors.
	642	+	27 (ii) If a limited liability company, each member of the
	643	+	28 company designated in writing by all members.
	644	+	29 (iii) If a partnership, each partner.
	645	+	30 (iv) If a sole proprietorship, the proprietor.
	646	+	31 (C) Except for a transport operator, each dealer manager.
	647	+	32 (2) A person under subdivision (1) must submit to a national
	648	+	33 criminal history background check (as defined in IC 10-13-3-12)
	649	+	34 or expanded criminal history check (as defined in IC 20-26-2-1.5)
	650	+	35 administered by the state police.
	651	+	36 The secretary shall make the determination whether an individual must
	652	+	37 submit to a national criminal history background check or an expanded
	653	+	38 criminal history check under this subsection.
	654	+	39 (d) A national criminal history background check or expanded
	655	+	40 criminal history check conducted under subsection (c):
	656	+	41 (1) is at the expense of the dealer or transport operator, and the
	657	+	42 dealer owners; and
	658	+	SB 293—LS 6765/DI 143 16
	659	+	1 (2) may be completed not more than sixty (60) days before the
	660	+	2 dealer applies for a license under this article.
	661	+	3 (e) The secretary may deny an application for a license or transport
	662	+	4 operator license plates if the division finds that a dealer owner or a
	663	+	5 dealer manager has been convicted of a:
	664	+	6 (1) felony within the previous ten (10) years;
	665	+	7 (2) felony or misdemeanor involving theft or fraud; or
	666	+	8 (3) felony or misdemeanor concerning an aspect of business
	667	+	9 involving the offer, sale, financing, repair, modification, or
	668	+	10 manufacture of a motor vehicle or watercraft.
	669	+	11 (f) If a dealer or transport operator adds, removes, or changes a
	670	+	12 dealer owner or dealer manager after issuance of the initial license, the
	671	+	13 dealer or transport operator must submit an application for a change in
	672	+	14 ownership in a manner prescribed by the secretary not later than ten
	673	+	15 (10) days after the change. The new dealer owner or dealer manager
	674	+	16 shall submit to a national criminal history background check or
	675	+	17 expanded criminal history check as set forth in subsection (c).
	676	+	18 (g) Following licensure under this article, a dealer or transport
	677	+	19 operator shall, not later than ninety (90) days after the entry of an order
	678	+	20 or judgment, notify the division in writing if the dealer owner or dealer
	679	+	21 manager has been convicted of a:
	680	+	22 (1) felony within the past ten (10) years;
	681	+	23 (2) felony or misdemeanor involving theft or fraud; or
	682	+	24 (3) felony or misdemeanor concerning an aspect of business
	683	+	25 involving the:
	684	+	26 (A) offer;
	685	+	27 (B) sale;
	686	+	28 (C) financing;
	687	+	29 (D) repair;
	688	+	30 (E) modification; or
	689	+	31 (F) manufacture;
	690	+	32 of a motor vehicle or watercraft.
	691	+	33 (h) The dealer or transport operator, and the corporation, company,
	692	+	34 or partnership must be in good standing with the bureau, the
	693	+	35 department of state revenue, the department of financial institutions,
	694	+	36 and the state police department during the entire period for which a
	695	+	37 license is valid. A manufactured home dealer that owns a
	696	+	38 manufactured home community must be in good standing with the
	697	+	39 state department of health during the entire period for which a
	698	+	40 license is valid.
	699	+	41 SECTION 17. IC 25-37.5-1-5, AS AMENDED BY P.L.224-2013,
	700	+	42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	701	+	SB 293—LS 6765/DI 143 17
	702	+	1 JULY 1, 2022]: Sec. 5. The provisions of sections 2 and 3 of this
	703	+	2 chapter do not apply to purchases from persons, firms, limited liability
	704	+	3 companies, or corporations regularly engaged in the business of
	705	+	4 manufacturing valuable metals, the business of selling valuable metals
	706	+	5 at retail or wholesale, to the purchase of one valuable metal dealer from
	707	+	6 another or the purchase from persons, firms, limited liability
	708	+	7 companies, or corporations engaged in either the generation,
	709	+	8 transmission, or distribution of electric energy or in telephone,
	710	+	9 telegraph, and other communications if such persons, firms, limited
	711	+	10 liability companies, or corporations at the time of purchase provide the
	712	+	11 valuable metal dealer with a bill of sale or other written evidence of
	713	+	12 title to the valuable metal. This section does not apply to a used parts
	714	+	13 dealer.
	715	+	14 SECTION 18. IC 25-37.5-1-9, AS ADDED BY P.L.224-2013,
	716	+	15 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	717	+	16 JULY 1, 2022]: Sec. 9. (a) A person may not sell or attempt to sell, and
	718	+	17 a valuable metal dealer may not purchase or attempt to purchase, a
	719	+	18 catalytic converter, in whole or in part, as valuable metal when the
	720	+	19 catalytic converter is not attached to a motor vehicle at the time of the
	721	+	20 sale or attempted sale, unless the seller is a used parts dealer or an
	722	+	21 automotive repair company.
	723	+	22 (b) Subsection (a) does not apply when the seller presents the
	724	+	23 valuable metal dealer with
	725	+	24 (1) a:
	726	+	25 (A) certificate of title;
	727	+	26 (B) certificate of registration;
	728	+	27 (C) certificate of authority under IC 9-22-5; or
	729	+	28 (D) receipt from a transaction of repair;
	730	+	29 for the motor vehicle from which the catalytic converter was
	731	+	30 taken; or
	732	+	31 (2) an affidavit executed by a law enforcement officer attesting to
	733	+	32 the officer's reasonable belief that the catalytic converter lawfully
	734	+	33 came into the possession of the person attempting to sell the
	735	+	34 catalytic converter.
	736	+	SB 293—LS 6765/DI 143 18
	737	+	COMMITTEE REPORT
	738	+	Madam President: The Senate Committee on Homeland Security
	739	+	and Transportation, to which was referred Senate Bill No. 293, has had
	740	+	the same under consideration and begs leave to report the same back
	741	+	to the Senate with the recommendation that said bill DO PASS.
	742	+	(Reference is to SB 293 as introduced.)
	743	+
	744	+	CRIDER, Chairperson
	745	+	Committee Vote: Yeas 8, Nays 0
	746	+	SB 293—LS 6765/DI 143