*SB0065.1*
January 31, 2024
SENATE BILL No. 65
_____
DIGEST OF SB 65 (Updated January 30, 2024 10:56 am - DI 151)
Citations Affected: IC 9-22; IC 9-32.
Synopsis: Salvage motor vehicles. Allows an automotive salvage
recycler or an agent of an automotive salvage recycler to apply for a
certificate of authority for a motor vehicle on behalf of the seller with
all required information collected at the point of sale. 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. Requires notice to be provided to the law enforcement
agency with jurisdiction over an automotive salvage recycler's
established place of business if, when applying for a certificate of
authority, the automotive salvage recycler or an agent of the automotive
salvage recycler learns: (1) the motor vehicle was reported stolen; or
(2) the owner of the motor vehicle does not match the individual who
provided the automotive salvage recycler with the motor vehicle.
Effective: July 1, 2024.
Tomes, Doriot
January 8, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
January 30, 2024, amended, reported favorably — Do Pass.
SB 65—LS 6445/DI 151 January 31, 2024
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 9-22-5-2, AS AMENDED BY P.L.198-2016,
2 SECTION 407, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person:
4 (1) upon whose property or in whose possession is found an
5 abandoned vehicle; or
6 (2) that owns a vehicle that has a title that is faulty, lost, or
7 destroyed;
8 may apply in accordance with this chapter for authority to sell, give
9 away, or dispose of the vehicle to an automotive salvage recycler for
10 scrap metal.
11 (b) An automotive salvage recycler or an agent of an automotive
12 salvage recycler that purchases a motor vehicle under IC 9-32-9-29
13 may apply on behalf of the seller in accordance with this chapter
14 for authority to sell, give away, or dispose of the vehicle.
15 SECTION 2. IC 9-22-5-18, AS AMENDED BY P.L.198-2016,
16 SECTION 413, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) This section does not apply
SB 65—LS 6445/DI 151 2
1 to a vehicle that is acquired according to the requirements set forth
2 in IC 9-32-9-29.
3 (a) (b) Before a person sells a vehicle to, gives a vehicle to, or
4 disposes of a vehicle with an automotive salvage recycler, the person
5 shall give the automotive salvage recycler:
6 (1) a certificate of authority for the vehicle that:
7 (A) is issued by the bureau under this chapter; and
8 (B) authorizes the scrapping or dismantling of the vehicle; or
9 (2) a certificate of title for the vehicle issued by the bureau under
10 IC 9-17-3.
11 (b) (c) A person that knowingly or intentionally violates this section
12 commits a Class C misdemeanor.
13 SECTION 3. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 29. (a) An automotive salvage recycler or an agent
16 of an automotive salvage recycler may purchase a motor vehicle
17 without a certificate of authority or a certificate of title for the motor
18 vehicle if:
19 (1) the motor vehicle is at least fifteen (15) model years old;
20 (2) the purchase is solely for the purpose of dismantling or
21 wrecking the motor vehicle for the recovery of scrap metal or the
22 sale of parts; and
23 (3) the automotive salvage recycler records all purchase
24 transactions of motor vehicles as required in subsection (b). and
25 (4) the person selling the motor vehicle presents a certificate of
26 authority as required under IC 9-22-5-18.
27 (b) An automotive salvage recycler shall maintain the following
28 information with respect to each motor vehicle purchase transaction
29 without a certificate of authority or a certificate of title to which the
30 automotive salvage recycler is a party for at least five (5) years after the
31 date of the purchase transaction:
32 (1) The name, and address, and National Motor Vehicle Title
33 Information System identification number of any scrap metal
34 processor or automobile scrapyard.
35 (2) The name of the person entering the information.
36 (3) The date and time of the purchase transaction.
37 (4) A description of the motor vehicle that is the subject of the
38 purchase transaction, including the make and model of the motor
39 vehicle, if discernable.
40 (5) The vehicle identification number of the motor vehicle, to the
41 extent the number is discernable.
42 (6) The amount of consideration given for the motor vehicle.
SB 65—LS 6445/DI 151 3
1 (7) A copy of the certificate of authority and A written statement
2 signed by the seller or the seller's agent certifying the following:
3 (A) The seller or the seller's agent has the lawful right to sell
4 and dispose of the motor vehicle.
5 (B) The motor vehicle is not subject to a security interest or
6 lien.
7 (C) The motor vehicle will not be titled again and will be
8 dismantled or destroyed.
9 (D) The seller or the seller's agent acknowledges that a
10 person who falsifies information contained in a statement
11 under this subdivision is subject to criminal sanctions and
12 restitution for losses incurred as a result of the sale of a
13 motor vehicle based on falsified information.
14 (8) The name, date of birth, and address of the person from whom
15 the motor vehicle is being purchased.
16 (9) A photocopy or electronic scan of one (1) of the following
17 valid and unexpired forms of identification issued to the seller or
18 the seller's agent:
19 (A) A driver's license.
20 (B) An identification card issued under IC 9-24-16-1, a photo
21 exempt identification card issued under IC 9-24-16.5, or a
22 similar card issued under the laws of another state or the
23 federal government.
24 (C) A government issued document bearing an image of the
25 seller or seller's agent, as applicable.
26 For purposes of complying with this subdivision, an automotive
27 salvage recycler is not required to make a separate copy of the
28 seller's or seller's agent's identification for each purchase
29 transaction involving the seller or seller's agent but may instead
30 refer to a copy maintained in reference to a particular purchase
31 transaction.
32 (10) The license plate number, make, model, and color of the
33 motor vehicle that is used to deliver the purchased motor vehicle
34 to the automotive salvage recycler.
35 (11) The signature of the person receiving consideration from the
36 seller or the seller's agent.
37 (12) A photographic or videographic image, taken when the motor
38 vehicle is purchased, of the following:
39 (A) A frontal view of the facial features of the seller or the
40 seller's agent.
41 (B) The motor vehicle that is the subject of the purchase
42 transaction.
SB 65—LS 6445/DI 151 4
1 (c) An automotive salvage recycler may not complete a purchase
2 transaction without the information required under subsection (b)(9).
3 (d) An automotive salvage recycler or an agent of an automotive
4 salvage recycler that knowingly or intentionally buys a motor vehicle
5 that is less than fifteen (15) model years old without a certificate of title
6 or certificate of authority for the motor vehicle commits a Level 6
7 felony.
8 (e) An automotive salvage recycler or an agent of an automotive
9 salvage recycler shall report to the bureau the information
10 required by this section not later than the date on which a motor
11 vehicle that is at least fifteen (15) model years old is purchased
12 without a certificate of authority or a certificate of title.
13 (f) An automotive salvage recycler or an agent of an automotive
14 salvage recycler may apply for a certificate of authority for a
15 motor vehicle of any age on behalf of the seller with all required
16 information collected at the point of sale.
17 (g) If an automotive salvage recycler or an agent of an
18 automotive salvage recycler, in applying for a certificate of
19 authority for a motor vehicle under subsection (f), learns:
20 (1) the motor vehicle was reported stolen; or
21 (2) the owner of the motor vehicle does not match the
22 individual who provided the automotive salvage recycler or
23 agent of the automotive salvage recycler with the motor
24 vehicle;
25 the automotive salvage recycler must notify the law enforcement
26 agency that has jurisdiction over the address of the automotive
27 salvage recycler's established place of business.
SB 65—LS 6445/DI 151 5
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 65, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 9-22-5-2, AS AMENDED BY P.L.198-2016,
SECTION 407, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person:
(1) upon whose property or in whose possession is found an
abandoned vehicle; or
(2) that owns a vehicle that has a title that is faulty, lost, or
destroyed;
may apply in accordance with this chapter for authority to sell, give
away, or dispose of the vehicle to an automotive salvage recycler for
scrap metal.
(b) An automotive salvage recycler or an agent of an automotive
salvage recycler that purchases a motor vehicle under IC 9-32-9-29
may apply on behalf of the seller in accordance with this chapter
for authority to sell, give away, or dispose of the vehicle.".
Page 3, after line 40, begin a new paragraph and insert:
"(f) An automotive salvage recycler or an agent of an
automotive salvage recycler may apply for a certificate of
authority for a motor vehicle of any age on behalf of the seller with
all required information collected at the point of sale.
(g) If an automotive salvage recycler or an agent of an
automotive salvage recycler, in applying for a certificate of
authority for a motor vehicle under subsection (f), learns:
(1) the motor vehicle was reported stolen; or
(2) the owner of the motor vehicle does not match the
individual who provided the automotive salvage recycler or
agent of the automotive salvage recycler with the motor
vehicle;
the automotive salvage recycler must notify the law enforcement
agency that has jurisdiction over the address of the automotive
salvage recycler's established place of business.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
SB 65—LS 6445/DI 151 6
(Reference is to SB 65 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0.
SB 65—LS 6445/DI 151