LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6445 NOTE PREPARED: Feb 1, 2024 BILL NUMBER: SB 65 BILL AMENDED: Jan 30, 2024 SUBJECT: Salvage Motor Vehicles. FIRST AUTHOR: Sen. Tomes BILL STATUS: 2 nd Reading - 1 st House FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill 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. The bill also 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. The bill sets forth reporting requirements for automotive salvage recyclers. It also 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 Date: July 1, 2024. Explanation of State Expenditures: The bill will decrease BMV workload to process certificate of authority requests. Explanation of State Revenues: Summary - This bill is expected to decrease State Highway Fund revenue by approximately $40,200 per year beginning in FY 2025. SB 65 1 Additional Information - The bill would allow motor vehicles that meet certain requirements to be purchased by an automotive salvage recycler without a certificate of authority. The bill also allows an automotive salvage recycler to apply for a certificate of authority on the behalf of a seller. It is expected that by exempting the requirement to obtain a certificate of authority in certain instances, the bill is expected to result in a net decrease in certificate of authority requests made with the BMV. Decreases in certificate of authority requests will decrease revenue to the Motor Vehicle Highway Account (MVHA) from the $4 application fee. The BMV reports that between FY 2021 and FY 2023, an average of approximately 16,200 requests for certificates of authority for junk vehicles were received, generating approximately $64,800 in revenue to the MVHA per year. The MVHA distributes 62% of revenue collections to the State Highway Fund, with the remaining 38% distributed to local units of government through the MVHA funding formula. Penalty Provision: A person who sells or disposes of a vehicle with a salvage recycler without providing a certificate of authority commits a Class C misdemeanor. If fewer court cases occur and less fines are collected, revenue to both the Common School Fund and the state General Fund would decrease. The maximum fine for a Class C misdemeanor is $500. Criminal fines are deposited in the Common School Fund.The total fee revenue per case would range between $113 and $135. The amount of court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. Explanation of Local Expenditures: Penalty Provision: This bill could reduce county jail expenditures by a small amount. A Class C misdemeanor is punishable by up to 60 days in jail. The average cost per day to incarcerate a prisoner is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021. Explanation of Local Revenues: This bill is expected to decrease MVHA distributions to local units of government by approximately $24,600 per year beginning in FY 2025. Penalty Provision: If fewer court actions occur, less revenue will be collected by certain local units. If the case is filed in a court of record, the county general fund would receive $47.40 and qualifying municipalities would receive a share of $3.60. If the case is filed in a municipal court, the county would receive $30, and the municipality would receive $46. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. State Agencies Affected: BMV, INDOT. Local Agencies Affected: Counties, municipalities, trial courts, local law enforcement agencies. Information Sources: BMV Certificate of Authority Application Checklist; BMV State Form 55018; Cody Eckart, BMV. Fiscal Analyst: Bill Brumbach, 317-232-9559. SB 65 2