Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0065 Introduced / Bill

Filed 12/21/2023

                     
Introduced Version
SENATE BILL No. 65
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 9-22-5-18; IC 9-32-9-29.
Synopsis:  Salvage motor vehicles. Allows an automotive salvage
recycler to purchase, accept, or dispose of a motor vehicle without a
certificate of authority if: (1) the motor vehicle is at least 15 model
years old; (2) the motor vehicle is solely intended for dismantling or
wrecking for the recovery of scrap metal or the sale of parts; and (3) the
automotive salvage recycler records all required information. Sets forth
reporting requirements for automotive salvage recyclers.
Effective:  July 1, 2024.
Tomes
January 8, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
2024	IN 65—LS 6445/DI 151 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 65
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-22-5-18, AS AMENDED BY P.L.198-2016,
2 SECTION 413, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) This section does not apply
4 to a vehicle that is acquired according to the requirements set forth
5 in IC 9-32-9-29.
6 (a) (b) Before a person sells a vehicle to, gives a vehicle to, or
7 disposes of a vehicle with an automotive salvage recycler, the person
8 shall give the automotive salvage recycler:
9 (1) a certificate of authority for the vehicle that:
10 (A) is issued by the bureau under this chapter; and
11 (B) authorizes the scrapping or dismantling of the vehicle; or
12 (2) a certificate of title for the vehicle issued by the bureau under
13 IC 9-17-3.
14 (b) (c) A person that knowingly or intentionally violates this section
15 commits a Class C misdemeanor.
16 SECTION 2. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
17 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024	IN 65—LS 6445/DI 151 2
1 JULY 1, 2024]: Sec. 29. (a) An automotive salvage recycler or an agent
2 of an automotive salvage recycler may purchase a motor vehicle
3 without a certificate of authority or a certificate of title for the motor
4 vehicle if:
5 (1) the motor vehicle is at least fifteen (15) model years old;
6 (2) the purchase is solely for the purpose of dismantling or
7 wrecking the motor vehicle for the recovery of scrap metal or the
8 sale of parts; and
9 (3) the automotive salvage recycler records all purchase
10 transactions of motor vehicles as required in subsection (b). and
11 (4) the person selling the motor vehicle presents a certificate of
12 authority as required under IC 9-22-5-18.
13 (b) An automotive salvage recycler shall maintain the following
14 information with respect to each motor vehicle purchase transaction
15 without a certificate of authority or a certificate of title to which the
16 automotive salvage recycler is a party for at least five (5) years after the
17 date of the purchase transaction:
18 (1) The name, and address, and National Motor Vehicle Title
19 Information System identification number of any scrap metal
20 processor or automobile scrapyard.
21 (2) The name of the person entering the information.
22 (3) The date and time of the purchase transaction.
23 (4) A description of the motor vehicle that is the subject of the
24 purchase transaction, including the make and model of the motor
25 vehicle, if discernable.
26 (5) The vehicle identification number of the motor vehicle, to the
27 extent the number is discernable.
28 (6) The amount of consideration given for the motor vehicle.
29 (7) A copy of the certificate of authority and A written statement
30 signed by the seller or the seller's agent certifying the following:
31 (A) The seller or the seller's agent has the lawful right to sell
32 and dispose of the motor vehicle.
33 (B) The motor vehicle is not subject to a security interest or
34 lien.
35 (C) The motor vehicle will not be titled again and will be
36 dismantled or destroyed.
37 (D) The seller or the seller's agent acknowledges that a
38 person who falsifies information contained in a statement
39 under this subdivision is subject to criminal sanctions and
40 restitution for losses incurred as a result of the sale of a
41 motor vehicle based on falsified information.
42 (8) The name, date of birth, and address of the person from whom
2024	IN 65—LS 6445/DI 151 3
1 the motor vehicle is being purchased.
2 (9) A photocopy or electronic scan of one (1) of the following
3 valid and unexpired forms of identification issued to the seller or
4 the seller's agent:
5 (A) A driver's license.
6 (B) An identification card issued under IC 9-24-16-1, a photo
7 exempt identification card issued under IC 9-24-16.5, or a
8 similar card issued under the laws of another state or the
9 federal government.
10 (C) A government issued document bearing an image of the
11 seller or seller's agent, as applicable.
12 For purposes of complying with this subdivision, an automotive
13 salvage recycler is not required to make a separate copy of the
14 seller's or seller's agent's identification for each purchase
15 transaction involving the seller or seller's agent but may instead
16 refer to a copy maintained in reference to a particular purchase
17 transaction.
18 (10) The license plate number, make, model, and color of the
19 motor vehicle that is used to deliver the purchased motor vehicle
20 to the automotive salvage recycler.
21 (11) The signature of the person receiving consideration from the
22 seller or the seller's agent.
23 (12) A photographic or videographic image, taken when the motor
24 vehicle is purchased, of the following:
25 (A) A frontal view of the facial features of the seller or the
26 seller's agent.
27 (B) The motor vehicle that is the subject of the purchase
28 transaction.
29 (c) An automotive salvage recycler may not complete a purchase
30 transaction without the information required under subsection (b)(9).
31 (d) An automotive salvage recycler or an agent of an automotive
32 salvage recycler that knowingly or intentionally buys a motor vehicle
33 that is less than fifteen (15) model years old without a certificate of title
34 or certificate of authority for the motor vehicle commits a Level 6
35 felony.
36 (e) An automotive salvage recycler or an agent of an automotive
37 salvage recycler shall report to the bureau the information
38 required by this section not later than the date on which a motor
39 vehicle that is at least fifteen (15) model years old is purchased
40 without a certificate of authority or a certificate of title.
2024	IN 65—LS 6445/DI 151