Indiana 2024 Regular Session

Indiana House Bill HB1239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1239
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-32.
7	7	Synopsis: Administrative proceedings for unfair practices. Allows a
8	8	complaint that alleges the commission of an unfair practice under
9	9	dealer services law to be filed with the office of administrative law
10	10	proceedings (instead of with the dealer services division of the
11	11	secretary of state). Provides that an administrative law judge with
12	12	relevant experience shall preside over the proceedings and issue a
13	13	written decision. Provides that the administrative law judge may
14	14	recommend, and the secretary of state may adopt, remedial measures
15	15	or other equitable remedies. Provides that the administrative law judge
16	16	may recommend mediation during the pendency of the action.
17	17	Effective: July 1, 2024.
18	18	Steuerwald, Jeter
19	19	January 9, 2024, read first time and referred to Committee on Judiciary.
20	20	2024 IN 1239—LS 6704/DI 151 Introduced
21	21	Second Regular Session of the 123rd General Assembly (2024)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2023 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1239
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	motor vehicles.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 9-32-13-31, AS AMENDED BY P.L.174-2016,
36	36	2 SECTION 107, IS AMENDED TO READ AS FOLLOWS
37	37	3 [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) A dealer that alleges the
38	38	4 commission of an unfair practice by a manufacturer or distributor in
39	39	5 violation of: section 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22,
40	40	6 23, 28, 29, or 30 of this chapter
41	41	7 (1) IC 9-32-11-20;
42	42	8 (2) this chapter;
43	43	9 (3) IC 9-32-15; or
44	44	10 (4) IC 23-2-2.7, as incorporated under this article;
45	45	11 may file a complaint directly with the division under IC 9-32-16-15.
46	46	12 office of administrative law proceedings under IC 4-15-10.5.
47	47	13 (b) Upon receipt of a complaint under subsection (a), the division
48	48	14 may conduct an investigation under IC 9-32-16-14. Pursuant to
49	49	15 IC 4-15-10.5-13, an administrative law judge with relevant
50	50	16 experience shall be designated to preside over administrative
51	51	17 proceedings under subsection (a). The administrative law judge
52	52	2024 IN 1239—LS 6704/DI 151 2
53	53	1 shall conduct the proceedings in accordance with IC 4-21.5. At the
54	54	2 conclusion of the administrative proceedings, the administrative
55	55	3 law judge shall issue a written decision pursuant to
56	56	4 IC 4-15-10.5-14.
57	57	5 (c) If the division determines that a manufacturer or distributor has
58	58	6 committed it is determined that a violation including an unfair
59	59	7 practice described in occurred under subsection (a), the division may
60	60	8 take action against the manufacturer or distributor under IC 9-32-16
61	61	9 and IC 9-32-17. the administrative law judge may recommend, and
62	62	10 the secretary of state may adopt, remedial measures or other
63	63	11 equitable remedies.
64	64	12 (d) A person that performs an act that is an unfair practice under this
65	65	13 chapter commits a Class A infraction.
66	66	14 (e) This section does not limit the ability of a dealer, manufacturer,
67	67	15 or distributor to request a hearing under IC 9-32-16-2.
68	68	16 SECTION 2. IC 9-32-16-15, AS AMENDED BY P.L.182-2021,
69	69	17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	18 JULY 1, 2024]: Sec. 15. (a) A dealer who is injured by alleges the
71	71	19 commission of an unfair practice set forth in IC 9-32-11-20,
72	72	20 IC 9-32-13, or IC 9-32-15, or IC 23-2-2.7 may file a complaint or
73	73	21 petition with the division. office of administrative law proceedings.
74	74	22 (b) A dealer who is injured by an unfair practice set forth in
75	75	23 IC 9-32-13-27 may file a request for declaratory judgment with the
76	76	24 division.
77	77	25 (c) A dealer may not file a complaint, request for declaratory
78	78	26 judgment under subsection (b) based on an alleged violation of
79	79	27 IC 9-32-13-27, or petition with the division under subsection (a) based
80	80	28 on an alleged violation of IC 9-32-13 or IC 9-32-15 by a manufacturer
81	81	29 or distributor unless the dealer serves a demand for mediation upon the
82	82	30 manufacturer or distributor:
83	83	31 (1) before; or
84	84	32 (2) at the same time as;
85	85	33 filing the complaint, request for declaratory judgment, or petition. A
86	86	34 demand for mediation must be in writing and served upon the
87	87	35 manufacturer or distributor by certified mail at an address designated
88	88	36 for the manufacturer or distributor in the licensor's records. The
89	89	37 demand for mediation must contain a brief statement of the dispute and
90	90	38 the relief sought by the dealer serving the demand.
91	91	39 (d) Not later than twenty (20) days after the date the demand for
92	92	40 mediation is served under subsection (c), the parties shall mutually
93	93	41 select an independent mediator and meet with the mediator for the
94	94	42 purpose of attempting to resolve the dispute. The meeting place must
95	95	2024 IN 1239—LS 6704/DI 151 3
96	96	1 be within Indiana at a location selected by the mediator. The mediator
97	97	2 may extend the period in which the meeting must occur for good cause
98	98	3 shown by either party or upon stipulation of the parties.
99	99	4 (b) The secretary of state shall retain ultimate authority for
100	100	5 actions brought under IC 9-32-13-24 and IC 9-32-13-27.
101	101	6 (c) As part of the adjudicatory process set forth in IC 4-15-10.5,
102	102	7 the administrative law judge may recommend mediation during
103	103	8 the pendency of the action.
104	104	2024 IN 1239—LS 6704/DI 151