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.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 65
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
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.
SECTION 2. IC 9-22-5-18, AS AMENDED BY P.L.198-2016,
SECTION 413, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 18. (a) This section does not apply
to a vehicle that is acquired according to the requirements set forth
in IC 9-32-9-29.
(a) (b) Before a person sells a vehicle to, gives a vehicle to, or
disposes of a vehicle with an automotive salvage recycler, the person
shall give the automotive salvage recycler:
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(1) a certificate of authority for the vehicle that:
(A) is issued by the bureau under this chapter; and
(B) authorizes the scrapping or dismantling of the vehicle; or
(2) a certificate of title for the vehicle issued by the bureau under
IC 9-17-3.
(b) (c) A person that knowingly or intentionally violates this section
commits a Class C misdemeanor.
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
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.
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(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.
(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
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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.
SEA 65 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 65 — Concur