Indiana 2024 Regular Session

Indiana Senate Bill SB0065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0065.1
	2	+	February 27, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 65
	5	+	_____
	6	+	DIGEST OF SB 65 (Updated February 27, 2024 11:22 am - DI 137)
	7	+	Citations Affected: IC 9-22; IC 9-32.
	8	+	Synopsis: Salvage motor vehicles. Allows an automotive salvage
	9	+	recycler or an agent of an automotive salvage recycler to apply for a
	10	+	certificate of authority for a motor vehicle on behalf of the seller with
	11	+	all required information collected at the point of sale. Sets forth
	12	+	reporting requirements for automotive salvage recyclers. Requires
	13	+	notice to be provided to the law enforcement agency with jurisdiction
	14	+	over an automotive salvage recycler's established place of business if,
	15	+	when applying for a certificate of authority, the automotive salvage
	16	+	recycler or an agent of the automotive salvage recycler learns: (1) the
	17	+	motor vehicle was reported stolen; or (2) the owner of the motor
	18	+	vehicle does not match the individual who provided the automotive
	19	+	salvage recycler with the motor vehicle.
	20	+	Effective: July 1, 2024.
	21	+	Tomes, Doriot, Raatz
	22	+	(HOUSE SPONSORS — LEDBETTER, PRESSEL, LINDAUER, GENDA)
	23	+	January 8, 2024, read first time and referred to Committee on Homeland Security and
	24	+	Transportation.
	25	+	January 30, 2024, amended, reported favorably — Do Pass.
	26	+	February 1, 2024, read second time, ordered engrossed. Engrossed.
	27	+	February 5, 2024, read third time, passed. Yeas 48, nays 0.
	28	+	HOUSE ACTION
	29	+	February 12, 2024, read first time and referred to Committee on Roads and Transportation.
	30	+	February 27, 2024, amended, reported — Do Pass.
	31	+	ES 65—LS 6445/DI 151 February 27, 2024
1	32		Second Regular Session of the 123rd General Assembly (2024)
2	33		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	34		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	35		additions will appear in this style type, and deletions will appear in this style type.
5	36		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	37		provision adopted), the text of the new provision will appear in this style type. Also, the
7	38		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	39		a new provision to the Indiana Code or the Indiana Constitution.
9	40		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	41		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 65
12		-	AN ACT to amend the Indiana Code concerning motor vehicles.
	42	+	ENGROSSED
	43	+	SENATE BILL No. 65
	44	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	45	+	motor vehicles.
13	46		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 9-22-5-2, AS AMENDED BY P.L.198-2016,
	47	+	1 SECTION 1. IC 9-22-5-2, AS AMENDED BY P.L.198-2016,
	48	+	2 SECTION 407, IS AMENDED TO READ AS FOLLOWS
	49	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person:
	50	+	4 (1) upon whose property or in whose possession is found an
	51	+	5 abandoned vehicle; or
	52	+	6 (2) that owns a vehicle that has a title that is faulty, lost, or
	53	+	7 destroyed;
	54	+	8 may apply in accordance with this chapter for authority to sell, give
	55	+	9 away, or dispose of the vehicle to an automotive salvage recycler for
	56	+	10 scrap metal.
	57	+	11 (b) An automotive salvage recycler or an agent of an automotive
	58	+	12 salvage recycler that purchases a motor vehicle under IC 9-32-9-29
	59	+	13 may apply on behalf of the seller in accordance with this chapter
	60	+	14 for authority to sell, give away, or dispose of the vehicle.
	61	+	15 SECTION 2. IC 9-22-5-18, AS AMENDED BY P.L.198-2016,
	62	+	16 SECTION 413, IS AMENDED TO READ AS FOLLOWS
	63	+	17 [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) This section does not apply
	64	+	ES 65—LS 6445/DI 151 2
	65	+	1 to a vehicle that is acquired according to the requirements set forth
	66	+	2 in IC 9-32-9-29.
	67	+	3 (a) (b) Before a person sells a vehicle to, gives a vehicle to, or
	68	+	4 disposes of a vehicle with an automotive salvage recycler, the person
	69	+	5 shall give the automotive salvage recycler:
	70	+	6 (1) a certificate of authority for the vehicle that:
	71	+	7 (A) is issued by the bureau under this chapter; and
	72	+	8 (B) authorizes the scrapping or dismantling of the vehicle; or
	73	+	9 (2) a certificate of title for the vehicle issued by the bureau under
	74	+	10 IC 9-17-3.
	75	+	11 (b) (c) A person that knowingly or intentionally violates this section
	76	+	12 commits a Class C misdemeanor.
	77	+	13 SECTION 3. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
	78	+	14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	79	+	15 JULY 1, 2024]: Sec. 29. (a) An automotive salvage recycler or an agent
	80	+	16 of an automotive salvage recycler may purchase a motor vehicle
	81	+	17 without a certificate of title for the motor vehicle if:
	82	+	18 (1) the motor vehicle is at least fifteen (15) model years old;
	83	+	19 (2) the purchase is solely for the purpose of dismantling or
	84	+	20 wrecking the motor vehicle for the recovery of scrap metal or the
	85	+	21 sale of parts;
	86	+	22 (3) the automotive salvage recycler records all purchase
	87	+	23 transactions of motor vehicles as required in subsection (b); and
	88	+	24 (4) the person selling the motor vehicle presents a certificate of
	89	+	25 authority as required under IC 9-22-5-18.
	90	+	26 (b) An automotive salvage recycler shall maintain the following
	91	+	27 information with respect to each motor vehicle purchase transaction
	92	+	28 without a certificate of title to which the automotive salvage recycler
	93	+	29 is a party for at least five (5) years after the date of the purchase
	94	+	30 transaction:
	95	+	31 (1) The name, and address, and National Motor Vehicle Title
	96	+	32 Information System identification number of any scrap metal
	97	+	33 processor or automobile scrapyard.
	98	+	34 (2) The name of the person entering the information.
	99	+	35 (3) The date and time of the purchase transaction.
	100	+	36 (4) A description of the motor vehicle that is the subject of the
	101	+	37 purchase transaction, including the make and model of the motor
	102	+	38 vehicle, if discernable.
	103	+	39 (5) The vehicle identification number of the motor vehicle, to the
	104	+	40 extent the number is discernable.
	105	+	41 (6) The amount of consideration given for the motor vehicle.
	106	+	42 (7) A copy of the certificate of authority and a written statement
	107	+	ES 65—LS 6445/DI 151 3
	108	+	1 signed by the seller or the seller's agent certifying the following:
	109	+	2 (A) The seller or the seller's agent has the lawful right to sell
	110	+	3 and dispose of the motor vehicle.
	111	+	4 (B) The motor vehicle is not subject to a security interest or
	112	+	5 lien.
	113	+	6 (C) The motor vehicle will not be titled again and will be
	114	+	7 dismantled or destroyed.
	115	+	8 (D) The seller or the seller's agent acknowledges that a
	116	+	9 person who falsifies information contained in a statement
	117	+	10 under this subdivision is subject to criminal sanctions and
	118	+	11 restitution for losses incurred as a result of the sale of a
	119	+	12 motor vehicle based on falsified information.
	120	+	13 (8) The name, date of birth, and address of the person from whom
	121	+	14 the motor vehicle is being purchased.
	122	+	15 (9) A photocopy or electronic scan of one (1) of the following
	123	+	16 valid and unexpired forms of identification issued to the seller or
	124	+	17 the seller's agent:
	125	+	18 (A) A driver's license.
	126	+	19 (B) An identification card issued under IC 9-24-16-1, a photo
	127	+	20 exempt identification card issued under IC 9-24-16.5, or a
	128	+	21 similar card issued under the laws of another state or the
	129	+	22 federal government.
	130	+	23 (C) A government issued document bearing an image of the
	131	+	24 seller or seller's agent, as applicable.
	132	+	25 For purposes of complying with this subdivision, an automotive
	133	+	26 salvage recycler is not required to make a separate copy of the
	134	+	27 seller's or seller's agent's identification for each purchase
	135	+	28 transaction involving the seller or seller's agent but may instead
	136	+	29 refer to a copy maintained in reference to a particular purchase
	137	+	30 transaction.
	138	+	31 (10) The license plate number, make, model, and color of the
	139	+	32 motor vehicle that is used to deliver the purchased motor vehicle
	140	+	33 to the automotive salvage recycler.
	141	+	34 (11) The signature of the person receiving consideration from the
	142	+	35 seller or the seller's agent.
	143	+	36 (12) A photographic or videographic image, taken when the motor
	144	+	37 vehicle is purchased, of the following:
	145	+	38 (A) A frontal view of the facial features of the seller or the
	146	+	39 seller's agent.
	147	+	40 (B) The motor vehicle that is the subject of the purchase
	148	+	41 transaction.
	149	+	42 (c) An automotive salvage recycler may not complete a purchase
	150	+	ES 65—LS 6445/DI 151 4
	151	+	1 transaction without the information required under subsection (b)(9).
	152	+	2 (d) An automotive salvage recycler or an agent of an automotive
	153	+	3 salvage recycler that knowingly or intentionally buys a motor vehicle
	154	+	4 that is less than fifteen (15) model years old without a certificate of title
	155	+	5 or certificate of authority for the motor vehicle commits a Level 6
	156	+	6 felony.
	157	+	7 (e) An automotive salvage recycler or an agent of an automotive
	158	+	8 salvage recycler may apply for a certificate of authority for a
	159	+	9 motor vehicle of any age on behalf of the seller with all required
	160	+	10 information collected at the point of sale.
	161	+	11 (f) If an automotive salvage recycler or an agent of an
	162	+	12 automotive salvage recycler, in applying for a certificate of
	163	+	13 authority for a motor vehicle under subsection (e), learns:
	164	+	14 (1) the motor vehicle was reported stolen; or
	165	+	15 (2) the owner of the motor vehicle does not match the
	166	+	16 individual who provided the automotive salvage recycler or
	167	+	17 agent of the automotive salvage recycler with the motor
	168	+	18 vehicle;
	169	+	19 the automotive salvage recycler must notify the law enforcement
	170	+	20 agency that has jurisdiction over the address of the automotive
	171	+	21 salvage recycler's established place of business.
	172	+	ES 65—LS 6445/DI 151 5
	173	+	COMMITTEE REPORT
	174	+	Madam President: The Senate Committee on Homeland Security
	175	+	and Transportation, to which was referred Senate Bill No. 65, has had
	176	+	the same under consideration and begs leave to report the same back
	177	+	to the Senate with the recommendation that said bill be AMENDED as
	178	+	follows:
	179	+	Page 1, between the enacting clause and line 1, begin a new
	180	+	paragraph and insert:
	181	+	"SECTION 1. IC 9-22-5-2, AS AMENDED BY P.L.198-2016,
15	182		SECTION 407, IS AMENDED TO READ AS FOLLOWS
16	183		[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A person:
17	184		(1) upon whose property or in whose possession is found an
18	185		abandoned vehicle; or
19	186		(2) that owns a vehicle that has a title that is faulty, lost, or
20	187		destroyed;
21	188		may apply in accordance with this chapter for authority to sell, give
22	189		away, or dispose of the vehicle to an automotive salvage recycler for
23	190		scrap metal.
24	191		(b) An automotive salvage recycler or an agent of an automotive
25	192		salvage recycler that purchases a motor vehicle under IC 9-32-9-29
26	193		may apply on behalf of the seller in accordance with this chapter
27		-	for authority to sell, give away, or dispose of the vehicle.
28		-	SECTION 2. IC 9-22-5-18, AS AMENDED BY P.L.198-2016,
29		-	SECTION 413, IS AMENDED TO READ AS FOLLOWS
30		-	[EFFECTIVE JULY 1, 2024]: Sec. 18. (a) This section does not apply
31		-	to a vehicle that is acquired according to the requirements set forth
32		-	in IC 9-32-9-29.
33		-	(a) (b) Before a person sells a vehicle to, gives a vehicle to, or
34		-	disposes of a vehicle with an automotive salvage recycler, the person
35		-	shall give the automotive salvage recycler:
36		-	SEA 65 — Concur 2
37		-	(1) a certificate of authority for the vehicle that:
38		-	(A) is issued by the bureau under this chapter; and
39		-	(B) authorizes the scrapping or dismantling of the vehicle; or
40		-	(2) a certificate of title for the vehicle issued by the bureau under
41		-	IC 9-17-3.
42		-	(b) (c) A person that knowingly or intentionally violates this section
43		-	commits a Class C misdemeanor.
44		-	SECTION 3. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
	194	+	for authority to sell, give away, or dispose of the vehicle.".
	195	+	Page 3, after line 40, begin a new paragraph and insert:
	196	+	"(f) An automotive salvage recycler or an agent of an
	197	+	automotive salvage recycler may apply for a certificate of
	198	+	authority for a motor vehicle of any age on behalf of the seller with
	199	+	all required information collected at the point of sale.
	200	+	(g) If an automotive salvage recycler or an agent of an
	201	+	automotive salvage recycler, in applying for a certificate of
	202	+	authority for a motor vehicle under subsection (f), learns:
	203	+	(1) the motor vehicle was reported stolen; or
	204	+	(2) the owner of the motor vehicle does not match the
	205	+	individual who provided the automotive salvage recycler or
	206	+	agent of the automotive salvage recycler with the motor
	207	+	vehicle;
	208	+	the automotive salvage recycler must notify the law enforcement
	209	+	agency that has jurisdiction over the address of the automotive
	210	+	salvage recycler's established place of business.".
	211	+	Renumber all SECTIONS consecutively.
	212	+	and when so amended that said bill do pass.
	213	+	ES 65—LS 6445/DI 151 6
	214	+	(Reference is to SB 65 as introduced.)
	215	+	CRIDER, Chairperson
	216	+	Committee Vote: Yeas 8, Nays 0.
	217	+	_____
	218	+	COMMITTEE REPORT
	219	+	Mr. Speaker: Your Committee on Roads and Transportation, to
	220	+	which was referred Senate Bill 65, has had the same under
	221	+	consideration and begs leave to report the same back to the House with
	222	+	the recommendation that said bill be amended as follows:
	223	+	Page 2, delete lines 13 through 42, begin a new paragraph and
	224	+	insert:
	225	+	"SECTION 3. IC 9-32-9-29, AS AMENDED BY P.L.284-2019,
45	226		SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	227		JULY 1, 2024]: Sec. 29. (a) An automotive salvage recycler or an agent
47	228		of an automotive salvage recycler may purchase a motor vehicle
48	229		without a certificate of title for the motor vehicle if:
49	230		(1) the motor vehicle is at least fifteen (15) model years old;
50	231		(2) the purchase is solely for the purpose of dismantling or
51	232		wrecking the motor vehicle for the recovery of scrap metal or the
52	233		sale of parts;
53	234		(3) the automotive salvage recycler records all purchase
54	235		transactions of motor vehicles as required in subsection (b); and
55	236		(4) the person selling the motor vehicle presents a certificate of
56	237		authority as required under IC 9-22-5-18.
57	238		(b) An automotive salvage recycler shall maintain the following
58	239		information with respect to each motor vehicle purchase transaction
59	240		without a certificate of title to which the automotive salvage recycler
60	241		is a party for at least five (5) years after the date of the purchase
61	242		transaction:
62	243		(1) The name, and address, and National Motor Vehicle Title
63	244		Information System identification number of any scrap metal
64	245		processor or automobile scrapyard.
65	246		(2) The name of the person entering the information.
66	247		(3) The date and time of the purchase transaction.
67	248		(4) A description of the motor vehicle that is the subject of the
68	249		purchase transaction, including the make and model of the motor
69	250		vehicle, if discernable.
70	251		(5) The vehicle identification number of the motor vehicle, to the
	252	+	ES 65—LS 6445/DI 151 7
71	253		extent the number is discernable.
72	254		(6) The amount of consideration given for the motor vehicle.
73	255		(7) A copy of the certificate of authority and a written statement
74	256		signed by the seller or the seller's agent certifying the following:
75	257		(A) The seller or the seller's agent has the lawful right to sell
76	258		and dispose of the motor vehicle.
77	259		(B) The motor vehicle is not subject to a security interest or
78	260		lien.
79		-	SEA 65 — Concur 3
80	261		(C) The motor vehicle will not be titled again and will be
81	262		dismantled or destroyed.
82	263		(D) The seller or the seller's agent acknowledges that a
83	264		person who falsifies information contained in a statement
84	265		under this subdivision is subject to criminal sanctions and
85	266		restitution for losses incurred as a result of the sale of a
86	267		motor vehicle based on falsified information.
87	268		(8) The name, date of birth, and address of the person from whom
88	269		the motor vehicle is being purchased.
89	270		(9) A photocopy or electronic scan of one (1) of the following
90	271		valid and unexpired forms of identification issued to the seller or
91	272		the seller's agent:
92	273		(A) A driver's license.
93	274		(B) An identification card issued under IC 9-24-16-1, a photo
94	275		exempt identification card issued under IC 9-24-16.5, or a
95	276		similar card issued under the laws of another state or the
96	277		federal government.
97	278		(C) A government issued document bearing an image of the
98	279		seller or seller's agent, as applicable.
99	280		For purposes of complying with this subdivision, an automotive
100	281		salvage recycler is not required to make a separate copy of the
101	282		seller's or seller's agent's identification for each purchase
102	283		transaction involving the seller or seller's agent but may instead
103	284		refer to a copy maintained in reference to a particular purchase
104	285		transaction.
105	286		(10) The license plate number, make, model, and color of the
106	287		motor vehicle that is used to deliver the purchased motor vehicle
107	288		to the automotive salvage recycler.
108	289		(11) The signature of the person receiving consideration from the
109	290		seller or the seller's agent.
110	291		(12) A photographic or videographic image, taken when the motor
111	292		vehicle is purchased, of the following:
112	293		(A) A frontal view of the facial features of the seller or the
113	294		seller's agent.
	295	+	ES 65—LS 6445/DI 151 8
114	296		(B) The motor vehicle that is the subject of the purchase
115	297		transaction.
116	298		(c) An automotive salvage recycler may not complete a purchase
117	299		transaction without the information required under subsection (b)(9).
118	300		(d) An automotive salvage recycler or an agent of an automotive
119	301		salvage recycler that knowingly or intentionally buys a motor vehicle
120	302		that is less than fifteen (15) model years old without a certificate of title
121	303		or certificate of authority for the motor vehicle commits a Level 6
122		-	SEA 65 — Concur 4
123	304		felony.
124	305		(e) An automotive salvage recycler or an agent of an automotive
125	306		salvage recycler may apply for a certificate of authority for a
126	307		motor vehicle of any age on behalf of the seller with all required
127	308		information collected at the point of sale.
128	309		(f) If an automotive salvage recycler or an agent of an
129	310		automotive salvage recycler, in applying for a certificate of
130	311		authority for a motor vehicle under subsection (e), learns:
131	312		(1) the motor vehicle was reported stolen; or
132	313		(2) the owner of the motor vehicle does not match the
133	314		individual who provided the automotive salvage recycler or
134	315		agent of the automotive salvage recycler with the motor
135	316		vehicle;
136	317		the automotive salvage recycler must notify the law enforcement
137	318		agency that has jurisdiction over the address of the automotive
138		-	salvage recycler's established place of business.
139		-	SEA 65 — Concur President of the Senate
140		-	President Pro Tempore
141		-	Speaker of the House of Representatives
142		-	Governor of the State of Indiana
143		-	Date: Time:
144		-	SEA 65 — Concur
	319	+	salvage recycler's established place of business.".
	320	+	Delete pages 3 through 4.
	321	+	Renumber all SECTIONS consecutively.
	322	+	and when so amended that said bill do pass.
	323	+	(Reference is to SB 65 as printed January 31, 2024.)
	324	+	PRESSEL
	325	+	Committee Vote: yeas 13, nays 0.
	326	+	ES 65—LS 6445/DI 151