*ES0065.1*
February 27, 2024
ENGROSSED
SENATE BILL No. 65
_____
DIGEST OF SB 65 (Updated February 27, 2024 11:22 am - DI 137)
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. 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, Raatz
(HOUSE SPONSORS — LEDBETTER, PRESSEL, LINDAUER, GENDA)
January 8, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
January 30, 2024, amended, reported favorably — Do Pass.
February 1, 2024, read second time, ordered engrossed. Engrossed.
February 5, 2024, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Roads and Transportation.
February 27, 2024, amended, reported — Do Pass.
ES 65—LS 6445/DI 151 February 27, 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.
ENGROSSED
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
ES 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 title for the motor vehicle if:
18 (1) the motor vehicle is at least fifteen (15) model years old;
19 (2) the purchase is solely for the purpose of dismantling or
20 wrecking the motor vehicle for the recovery of scrap metal or the
21 sale of parts;
22 (3) the automotive salvage recycler records all purchase
23 transactions of motor vehicles as required in subsection (b); and
24 (4) the person selling the motor vehicle presents a certificate of
25 authority as required under IC 9-22-5-18.
26 (b) An automotive salvage recycler shall maintain the following
27 information with respect to each motor vehicle purchase transaction
28 without a certificate of title to which the automotive salvage recycler
29 is a party for at least five (5) years after the date of the purchase
30 transaction:
31 (1) The name, and address, and National Motor Vehicle Title
32 Information System identification number of any scrap metal
33 processor or automobile scrapyard.
34 (2) The name of the person entering the information.
35 (3) The date and time of the purchase transaction.
36 (4) A description of the motor vehicle that is the subject of the
37 purchase transaction, including the make and model of the motor
38 vehicle, if discernable.
39 (5) The vehicle identification number of the motor vehicle, to the
40 extent the number is discernable.
41 (6) The amount of consideration given for the motor vehicle.
42 (7) A copy of the certificate of authority and a written statement
ES 65—LS 6445/DI 151 3
1 signed by the seller or the seller's agent certifying the following:
2 (A) The seller or the seller's agent has the lawful right to sell
3 and dispose of the motor vehicle.
4 (B) The motor vehicle is not subject to a security interest or
5 lien.
6 (C) The motor vehicle will not be titled again and will be
7 dismantled or destroyed.
8 (D) The seller or the seller's agent acknowledges that a
9 person who falsifies information contained in a statement
10 under this subdivision is subject to criminal sanctions and
11 restitution for losses incurred as a result of the sale of a
12 motor vehicle based on falsified information.
13 (8) The name, date of birth, and address of the person from whom
14 the motor vehicle is being purchased.
15 (9) A photocopy or electronic scan of one (1) of the following
16 valid and unexpired forms of identification issued to the seller or
17 the seller's agent:
18 (A) A driver's license.
19 (B) An identification card issued under IC 9-24-16-1, a photo
20 exempt identification card issued under IC 9-24-16.5, or a
21 similar card issued under the laws of another state or the
22 federal government.
23 (C) A government issued document bearing an image of the
24 seller or seller's agent, as applicable.
25 For purposes of complying with this subdivision, an automotive
26 salvage recycler is not required to make a separate copy of the
27 seller's or seller's agent's identification for each purchase
28 transaction involving the seller or seller's agent but may instead
29 refer to a copy maintained in reference to a particular purchase
30 transaction.
31 (10) The license plate number, make, model, and color of the
32 motor vehicle that is used to deliver the purchased motor vehicle
33 to the automotive salvage recycler.
34 (11) The signature of the person receiving consideration from the
35 seller or the seller's agent.
36 (12) A photographic or videographic image, taken when the motor
37 vehicle is purchased, of the following:
38 (A) A frontal view of the facial features of the seller or the
39 seller's agent.
40 (B) The motor vehicle that is the subject of the purchase
41 transaction.
42 (c) An automotive salvage recycler may not complete a purchase
ES 65—LS 6445/DI 151 4
1 transaction without the information required under subsection (b)(9).
2 (d) An automotive salvage recycler or an agent of an automotive
3 salvage recycler that knowingly or intentionally buys a motor vehicle
4 that is less than fifteen (15) model years old without a certificate of title
5 or certificate of authority for the motor vehicle commits a Level 6
6 felony.
7 (e) An automotive salvage recycler or an agent of an automotive
8 salvage recycler may apply for a certificate of authority for a
9 motor vehicle of any age on behalf of the seller with all required
10 information collected at the point of sale.
11 (f) If an automotive salvage recycler or an agent of an
12 automotive salvage recycler, in applying for a certificate of
13 authority for a motor vehicle under subsection (e), learns:
14 (1) the motor vehicle was reported stolen; or
15 (2) the owner of the motor vehicle does not match the
16 individual who provided the automotive salvage recycler or
17 agent of the automotive salvage recycler with the motor
18 vehicle;
19 the automotive salvage recycler must notify the law enforcement
20 agency that has jurisdiction over the address of the automotive
21 salvage recycler's established place of business.
ES 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.
ES 65—LS 6445/DI 151 6
(Reference is to SB 65 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred Senate Bill 65, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, delete lines 13 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 29. (a) An automotive salvage recycler or an agent
of an automotive salvage recycler may purchase a motor vehicle
without a certificate of title for the motor vehicle if:
(1) the motor vehicle is at least fifteen (15) model years old;
(2) the purchase is solely for the purpose of dismantling or
wrecking the motor vehicle for the recovery of scrap metal or the
sale of parts;
(3) the automotive salvage recycler records all purchase
transactions of motor vehicles as required in subsection (b); and
(4) the person selling the motor vehicle presents a certificate of
authority as required under IC 9-22-5-18.
(b) An automotive salvage recycler shall maintain the following
information with respect to each motor vehicle purchase transaction
without a certificate of title to which the automotive salvage recycler
is a party for at least five (5) years after the date of the purchase
transaction:
(1) The name, and address, and National Motor Vehicle Title
Information System identification number of any scrap metal
processor or automobile scrapyard.
(2) The name of the person entering the information.
(3) The date and time of the purchase transaction.
(4) A description of the motor vehicle that is the subject of the
purchase transaction, including the make and model of the motor
vehicle, if discernable.
(5) The vehicle identification number of the motor vehicle, to the
ES 65—LS 6445/DI 151 7
extent the number is discernable.
(6) The amount of consideration given for the motor vehicle.
(7) A copy of the certificate of authority and a written statement
signed by the seller or the seller's agent certifying the following:
(A) The seller or the seller's agent has the lawful right to sell
and dispose of the motor vehicle.
(B) The motor vehicle is not subject to a security interest or
lien.
(C) The motor vehicle will not be titled again and will be
dismantled or destroyed.
(D) The seller or the seller's agent acknowledges that a
person who falsifies information contained in a statement
under this subdivision is subject to criminal sanctions and
restitution for losses incurred as a result of the sale of a
motor vehicle based on falsified information.
(8) The name, date of birth, and address of the person from whom
the motor vehicle is being purchased.
(9) A photocopy or electronic scan of one (1) of the following
valid and unexpired forms of identification issued to the seller or
the seller's agent:
(A) A driver's license.
(B) An identification card issued under IC 9-24-16-1, a photo
exempt identification card issued under IC 9-24-16.5, or a
similar card issued under the laws of another state or the
federal government.
(C) A government issued document bearing an image of the
seller or seller's agent, as applicable.
For purposes of complying with this subdivision, an automotive
salvage recycler is not required to make a separate copy of the
seller's or seller's agent's identification for each purchase
transaction involving the seller or seller's agent but may instead
refer to a copy maintained in reference to a particular purchase
transaction.
(10) The license plate number, make, model, and color of the
motor vehicle that is used to deliver the purchased motor vehicle
to the automotive salvage recycler.
(11) The signature of the person receiving consideration from the
seller or the seller's agent.
(12) A photographic or videographic image, taken when the motor
vehicle is purchased, of the following:
(A) A frontal view of the facial features of the seller or the
seller's agent.
ES 65—LS 6445/DI 151 8
(B) The motor vehicle that is the subject of the purchase
transaction.
(c) An automotive salvage recycler may not complete a purchase
transaction without the information required under subsection (b)(9).
(d) An automotive salvage recycler or an agent of an automotive
salvage recycler that knowingly or intentionally buys a motor vehicle
that is less than fifteen (15) model years old without a certificate of title
or certificate of authority for the motor vehicle commits a Level 6
felony.
(e) 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.
(f) 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 (e), 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.".
Delete pages 3 through 4.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 65 as printed January 31, 2024.)
PRESSEL
Committee Vote: yeas 13, nays 0.
ES 65—LS 6445/DI 151