*ES0080.1*
February 15, 2024
ENGROSSED
SENATE BILL No. 80
_____
DIGEST OF SB 80 (Updated February 14, 2024 9:04 am - DI 151)
Citations Affected: IC 3-7; IC 9-13; IC 9-32; IC 13-20; IC 24-5;
IC 25-14; IC 34-30.
Synopsis: Code publication. Repeals and relocates a specific Indiana
Code definitions chapter for organization of the defined terms by
alphabetical order and to provide for future expansion of the chapter.
Makes conforming cross-reference updates. Makes no substantive
change to law. Makes technical changes. (The introduced version of
this bill was prepared by the code revision commission.)
Effective: July 1, 2024.
Freeman, Taylor G
(HOUSE SPONSOR — ENGLEMAN)
January 8, 2024, read first time and referred to Committee on Judiciary.
January 11, 2024, reported favorably — Do Pass.
January 16, 2024, read second time, ordered engrossed. Engrossed.
January 22, 2024, read third time, passed. Yeas 46, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Judiciary.
February 15, 2024, amended, reported — Do Pass.
ES 80—LS 6105/DI 112 February 15, 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. 80
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-1.6, AS ADDED BY P.L.92-2013,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1.6. "Advisory board", for purposes of IC 9-32,
4 has the meaning set forth in IC 9-32-2-3. IC 9-32-2.1-2.
5 SECTION 2. IC 9-13-2-8.5, AS AMENDED BY P.L.137-2018,
6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 8.5. "Automotive mobility dealer" has the
8 meaning set forth in IC 9-32-2-4.5. IC 9-32-2.1-4.
9 SECTION 3. IC 9-13-2-9, AS AMENDED BY P.L.198-2016,
10 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 9. "Automotive salvage rebuilder" has the
12 meaning set forth in IC 9-32-2-5. IC 9-32-2.1-5.
13 SECTION 4. IC 9-13-2-10.5, AS ADDED BY P.L.134-2023,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 10.5. "Average wholesale value", for purposes of
16 IC 9-32-11, has the meaning set forth in IC 9-32-2-5.5. IC 9-32-2.1-6.
17 SECTION 5. IC 9-13-2-15, AS AMENDED BY P.L.92-2013,
ES 80—LS 6105/DI 112 2
1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 15. "Broker", for purposes of IC 9-32, has the
3 meaning set forth in IC 9-32-2-6. IC 9-32-2.1-7.
4 SECTION 6. IC 9-13-2-19.5, AS AMENDED BY P.L.92-2013,
5 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 19.5. "Charge back", for purposes of IC 9-32, has
7 the meaning set forth in IC 9-32-2-9. IC 9-32-2.1-8.
8 SECTION 7. IC 9-13-2-42, AS AMENDED BY P.L.137-2018,
9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 42. "Dealer" has the meaning set forth in
11 IC 9-32-2-9.6. IC 9-32-2.1-10.
12 SECTION 8. IC 9-13-2-42.3, AS ADDED BY P.L.179-2017,
13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 42.3. "Dealer manager", for purposes of IC 9-32,
15 has the meaning set forth in IC 9-32-2-9.7. IC 9-32-2.1-11.
16 SECTION 9. IC 9-13-2-42.5, AS ADDED BY P.L.179-2017,
17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 42.5. "Dealer owner", for purposes of IC 9-32, has
19 the meaning set forth in IC 9-32-2-9.9. IC 9-32-2.1-12.
20 SECTION 10. IC 9-13-2-43.3, AS ADDED BY P.L.92-2013,
21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 43.3. "Director", for purposes of IC 9-32, has the
23 meaning set forth in IC 9-32-2-10. IC 9-32-2.1-13.
24 SECTION 11. IC 9-13-2-45.2, AS ADDED BY P.L.151-2015,
25 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 45.2. "Distributor representative", for purposes of
27 IC 9-32-11, has the meaning set forth in IC 9-32-2-10.5.
28 IC 9-32-2.1-15.
29 SECTION 12. IC 9-13-2-45.5, AS ADDED BY P.L.92-2013,
30 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 45.5. "Division", for purposes of IC 9-32, has the
32 meaning set forth in IC 9-32-2-11. IC 9-32-2.1-16.
33 SECTION 13. IC 9-13-2-45.8, AS ADDED BY P.L.245-2019,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 45.8. "Document preparation fee" has the meaning
36 set forth in IC 9-32-2-11.2. IC 9-32-2.1-17.
37 SECTION 14. IC 9-13-2-51, AS AMENDED BY P.L.92-2013,
38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 51. "Existing franchise", for purposes of IC 9-32,
40 has the meaning set forth in IC 9-32-2-12. IC 9-32-2.1-21.
41 SECTION 15. IC 9-13-2-67, AS AMENDED BY P.L.92-2013,
42 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 80—LS 6105/DI 112 3
1 JULY 1, 2024]: Sec. 67. "Franchise", for purposes of IC 9-32, has the
2 meaning set forth in IC 9-32-2-13. IC 9-32-2.1-22.
3 SECTION 16. IC 9-13-2-68, AS AMENDED BY P.L.92-2013,
4 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 68. "Franchisee", for purposes of IC 9-32, has the
6 meaning set forth in IC 9-32-2-14. IC 9-32-2.1-23.
7 SECTION 17. IC 9-13-2-69, AS AMENDED BY P.L.92-2013,
8 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 69. "Franchisor", for purposes of IC 9-32, has the
10 meaning set forth in IC 9-32-2-15. IC 9-32-2.1-24.
11 SECTION 18. IC 9-13-2-90, AS AMENDED BY P.L.92-2013,
12 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 90. "Labor rate", for purposes of IC 9-32, has the
14 meaning set forth in IC 9-32-2-16. IC 9-32-2.1-28.
15 SECTION 19. IC 9-13-2-97.6, AS ADDED BY P.L.151-2015,
16 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 97.6. "Manufacturer representative", for purposes
18 of IC 9-32-11, has the meaning set forth in IC 9-32-2-18.5.
19 IC 9-32-2.1-31.
20 SECTION 20. IC 9-13-2-111.5, AS ADDED BY P.L.120-2020,
21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 111.5. "New motor vehicle dealer", for purposes
23 of IC 9-32, has the meaning set forth in IC 9-32-2-18.3.
24 IC 9-32-2.1-32.
25 SECTION 21. IC 9-13-2-124, AS AMENDED BY P.L.198-2016,
26 SECTION 145, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 124. "Person" means an individual,
28 a firm, a partnership, an association, a fiduciary, an executor or
29 administrator, a governmental entity, a limited liability company, a
30 corporation, a sole proprietorship, a trust, an estate, or another entity,
31 except as defined in the following sections:
32 (1) IC 9-20-14-0.5.
33 (2) IC 9-20-15-0.5.
34 (3) IC 9-32-2-18.6. IC 9-32-2.1-33.
35 SECTION 22. IC 9-13-2-151.5, AS AMENDED BY P.L.92-2013,
36 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 151.5. "Relevant market area", for purposes of
38 IC 9-32, has the meaning set forth in IC 9-32-2-20. IC 9-32-2.1-35.
39 SECTION 23. IC 9-13-2-159.5, AS ADDED BY P.L.92-2013,
40 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 159.5. "Sale", for purposes of IC 9-32, has the
42 meaning set forth in IC 9-32-2-23. IC 9-32-2.1-36.
ES 80—LS 6105/DI 112 4
1 SECTION 24. IC 9-13-2-162.5, AS ADDED BY P.L.92-2013,
2 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 162.5. "Secretary", for purposes of IC 9-32, has
4 the meaning set forth in IC 9-32-2-24. IC 9-32-2.1-37.
5 SECTION 25. IC 9-13-2-174.3, AS ADDED BY P.L.134-2023,
6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 174.3. "Stop sale directive", for purposes of
8 IC 9-32-11, has the meaning set forth in IC 9-32-2-24.8.
9 IC 9-32-2.1-39.
10 SECTION 26. IC 9-13-2-185, AS AMENDED BY P.L.92-2013,
11 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 185. "Transfer dealer", for purposes of IC 9-32,
13 has the meaning set forth in IC 9-32-2-25. IC 9-32-2.1-40.
14 SECTION 27. IC 9-13-2-191.5, AS AMENDED BY P.L.92-2013,
15 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 191.5. "Uniform time standards manual", for
17 purposes of IC 9-32, has the meaning set forth in IC 9-32-2-26.
18 IC 9-32-2.1-42.
19 SECTION 28. IC 9-13-2-194.5, AS ADDED BY P.L.120-2020,
20 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 194.5. "Used motor vehicle", for purposes of
22 IC 9-32, has the meaning set forth in IC 9-32-2-26.5. IC 9-32-2.1-43.
23 SECTION 29. IC 9-13-2-195, AS AMENDED BY P.L.92-2013,
24 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 195. "Used parts dealer", for purposes of IC 9-32,
26 has the meaning set forth in IC 9-32-2-27. IC 9-32-2.1-45.
27 SECTION 30. IC 9-32-2 IS REPEALED [EFFECTIVE JULY 1,
28 2024]. (Definitions for Dealer Services Law).
29 SECTION 31. IC 9-32-2.1 IS ADDED TO THE INDIANA CODE
30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]:
32 Chapter 2.1. Definitions
33 Sec. 1. The definitions in this chapter apply throughout this
34 article.
35 Sec. 2. "Advisory board" refers to the motor vehicle sales
36 advisory board established by IC 9-32-10-1.
37 Sec. 3. "Automobile auction company" means a person whose
38 primary business consists of arranging, managing, sponsoring,
39 advertising, hosting, carrying out, or otherwise facilitating the
40 auction of more than three (3) motor vehicles or watercraft on the
41 basis of bids by persons acting for themselves or others, within a
42 twelve (12) month period. The term includes a place of business or
ES 80—LS 6105/DI 112 5
1 facilities provided by an auctioneer as part of the business of the
2 auctioneer for the purchase and sale of motor vehicles or
3 watercraft on the basis of bids by persons acting for themselves or
4 others. The term does not include a person acting only as an
5 auctioneer under IC 25-6.1-1.
6 Sec. 4. "Automotive mobility dealer" means a person that:
7 (1) engages exclusively in the business of selling, offering to
8 sell, or soliciting or advertising the sale of adapted vehicles or
9 watercraft;
10 (2) possesses adapted vehicles or watercraft exclusively for the
11 purpose of resale, either on the automotive mobility dealer's
12 own account or on behalf of another as the primary or
13 incidental business of the automotive mobility dealer; or
14 (3) engages in the business of:
15 (A) selling, installing, or servicing;
16 (B) offering to sell, install, or service; or
17 (C) soliciting or advertising the sale, installation, or
18 servicing of;
19 equipment or modifications specifically designed to facilitate
20 use or operation of a vehicle or watercraft by an individual
21 who is disabled or aged.
22 The term includes a converter manufacturer (as defined by section
23 9 of this chapter) that engages in any of the activities set forth in
24 subdivisions (1), (2), and (3).
25 Sec. 5. "Automotive salvage rebuilder" means a person that:
26 (1) acquires salvage vehicles for the purpose of restoring,
27 reconstructing, or rebuilding the vehicles; and
28 (2) resells, offers to resell, or advertises for resale the vehicles
29 for use on the highway.
30 Sec. 6. "Average wholesale value" means the average trade-in
31 value indicated in an independent third party guide for the year,
32 make, model, mileage, and condition of a used motor vehicle.
33 Sec. 7. (a) "Broker" means a person that, for a fee, a
34 commission, or other valuable consideration, arranges or offers to
35 arrange a transaction involving the sale, for purposes other than
36 resale, of a new or used motor vehicle and that is not, at any point
37 in the transaction, the bona fide owner of the motor vehicle
38 involved in the transaction.
39 (b) The term does not include:
40 (1) a dealer licensed under this article or an employee of a
41 dealer licensed under this article acting in an employment
42 arrangement with the dealer, if the motor vehicle being sold
ES 80—LS 6105/DI 112 6
1 is a motor vehicle in the dealer's inventory or is subject to a
2 consignment agreement between the dealer and the owner of
3 the motor vehicle;
4 (2) a distributor licensed under this article, or an employee of
5 a distributor licensed under this article and acting in an
6 employment arrangement with the distributor, if the sale
7 being arranged is a sale to a dealer licensed under this article;
8 (3) a manufacturer licensed under this article, or an employee
9 of a manufacturer licensed under this article and acting in an
10 employment arrangement with the manufacturer, if the sale
11 being arranged is a sale to a dealer licensed under this article;
12 or
13 (4) a lead generation or other marketing service, if:
14 (A) the fee for the service is not based on whether the lead
15 provided by the service generated a sale for the dealer; and
16 (B) the service does not have an active role in the
17 negotiation of a sale, including negotiating the price of the
18 motor vehicle.
19 Sec. 8. "Charge back" means a manufacturer induced return of
20 incentive payments to a manufacturer by a new motor vehicle
21 dealer. The term includes a manufacturer drawing funds from an
22 account of a new motor vehicle dealer.
23 Sec. 9. "Converter manufacturer" means a person that adds to,
24 subtracts from, or modifies a previously assembled or
25 manufactured motor vehicle. The term does not include a person
26 that manufactures recreational vehicles.
27 Sec. 10. "Dealer", unless otherwise provided, refers to all
28 persons required to be licensed by the secretary under this article,
29 and before July 1, 2015, a wholesale dealer.
30 Sec. 11. "Dealer manager" means an individual who works at
31 the established place of business of a dealer and who is responsible
32 for and is in charge of the day to day operations, including the
33 management, direction, and control of the dealership.
34 Sec. 12. "Dealer owner" means the following:
35 (1) For a transport operator, a licensed dealer, or an applicant
36 dealer, other than a manufacturer, the following:
37 (A) If a corporation, each officer, director, and
38 shareholder having a ten percent (10%) or greater
39 ownership interest in the corporation.
40 (B) If a corporation and it has no officer, director, or
41 shareholder having a ten percent (10%) or greater
42 ownership interest in the corporation, one (1) or more
ES 80—LS 6105/DI 112 7
1 officers, directors, or shareholders designated in writing by
2 the board of directors.
3 (C) If a sole proprietorship, the proprietor.
4 (D) If a partnership, each partner.
5 (E) If a limited liability company, each member of the
6 company.
7 (2) For a licensed or applicant manufacturer, one (1) or more
8 officers, directors, or shareholders designated in writing by
9 the manufacturer.
10 Sec. 13. "Director" refers to the director of the dealer services
11 division within the office of the secretary of state who is appointed
12 under IC 4-5-1-12(b).
13 Sec. 14. "Disclose" means to engage in a practice or conduct to
14 make available and make known personal information contained
15 in an individual record about an individual to a person by any
16 means of communication.
17 Sec. 15. "Distributor representative" means a person that is
18 certified by the secretary to be an agent of a licensed distributor to
19 act on behalf of a distributor licensed under this article.
20 Sec. 16. "Division" refers to the dealer services division within
21 the office of the secretary of state established by IC 4-5-1-12(a).
22 Sec. 17. "Document preparation fee" means any fee charged by
23 a dealer concerning the sale of a motor vehicle, regardless of
24 designation, and that includes costs incurred by the dealer for the
25 preparation of documents concerning the sale of a motor vehicle.
26 The term does not include a fee imposed by a financial institution
27 for the purpose of extending credit for the purchase of a vehicle.
28 Sec. 18. "Electronic record" means a record created, generated,
29 sent, communicated, received, or stored by electronic means.
30 Sec. 19. "Electronic signature" means an electronic sound,
31 symbol, or process attached to or logically associated with an
32 electronic record and executed or adopted by a person with the
33 intent to sign the electronic record.
34 Sec. 20. "Established place of business" has the meaning set
35 forth in IC 9-13-2-50.
36 Sec. 21. "Existing franchise" means the franchise in effect on
37 the date of a franchisee's death or incapacity.
38 Sec. 22. "Franchise" means an oral or a written agreement for
39 a definite or an indefinite period in which a manufacturer or
40 distributor grants to a dealer a right to use a trade name, trade or
41 service mark, or related characteristic, and in which there is a
42 community of interest in the marketing of motor vehicles or related
ES 80—LS 6105/DI 112 8
1 services at retail or otherwise.
2 Sec. 23. "Franchisee" means a dealer to whom a franchise is
3 granted.
4 Sec. 24. "Franchisor" means a manufacturer or distributor who
5 grants a franchise to a dealer.
6 Sec. 25. "Fraud" means:
7 (1) a misrepresentation of a material fact, promise,
8 representation, or prediction not made honestly or in good
9 faith; or
10 (2) the failure to disclose a material fact necessary in order to
11 make the statements made, in light of the circumstances under
12 which they were made, not misleading.
13 Sec. 26. "Highly restricted personal information" means the
14 following information that identifies an individual:
15 (1) Digital photograph or image.
16 (2) Social Security number.
17 (3) Medical or disability information.
18 Sec. 27. "Individual record" refers to a record created or
19 maintained by the division that contains personal information or
20 highly restricted personal information about an individual who is
21 the subject of the record identified in a request. The term includes
22 records created by a dealer related to the issuance of interim
23 license plates.
24 Sec. 28. "Labor rate" means the hourly labor rate charged by
25 a franchisee for service, filed periodically with the division as the
26 division may require, and posted prominently in the franchisee's
27 service department.
28 Sec. 29. (a) "Manufactured home dealer" means any person that
29 within a twelve (12) month period sells, offers to sell, or advertises
30 for sale, including directly by the Internet or another computer
31 network, at least three (3) new or used manufactured homes.
32 (b) The term does not include:
33 (1) a receiver, trustee, or other person appointed by or acting
34 under the judgment or order of a court; or
35 (2) a public officer while performing official duties.
36 Sec. 30. "Manufacturer of a vehicle subcomponent system"
37 means a manufacturer of a vehicle subcomponent system essential
38 to the operation of a motor vehicle. The term includes a public or
39 private university that is engaged in the:
40 (1) research;
41 (2) development; or
42 (3) manufacture;
ES 80—LS 6105/DI 112 9
1 of a vehicle subcomponent system.
2 Sec. 31. "Manufacturer representative" means a person that is
3 certified by the secretary to be an agent of a licensed manufacturer
4 to act on behalf of a manufacturer licensed under this article.
5 Sec. 32. "New motor vehicle dealer" means any person that
6 within a twelve (12) month period sells, offers to sell, or advertises
7 for sale, including directly by the Internet or another computer
8 network, at least twelve (12) new motor vehicles (excluding
9 manufactured homes).
10 Sec. 33. "Person" does not include the state, an agency of the
11 state, or a municipal corporation.
12 Sec. 34. (a) "Personal information" means information that
13 identifies an individual, including an individual's:
14 (1) digital photograph or image;
15 (2) Social Security number;
16 (3) driver's license or identification document number;
17 (4) name;
18 (5) address;
19 (6) telephone number; or
20 (7) medical or disability information.
21 (b) The term does not include:
22 (1) the name of a dealer owner;
23 (2) the name of a representative of a:
24 (A) manufacturer; or
25 (B) distributor;
26 (3) the name of the zoning official who signed a dealer license
27 application or zoning affidavit related to a dealer license
28 application;
29 (4) the name of the lessor of a dealer's established place of
30 business;
31 (5) the name of a dealer's registered agent; or
32 (6) the name, address, or telephone number of the established
33 place of business of a:
34 (A) business; or
35 (B) dealer.
36 Sec. 35. "Relevant market area" means the following:
37 (1) With respect to a new motor vehicle dealer who plans to
38 relocate the dealer's place of business in a county having a
39 population of more than one hundred thousand (100,000), the
40 area within a radius of six (6) miles of the intended site of the
41 relocated dealer. The six (6) mile distance shall be determined
42 by measuring the distance between the nearest surveyed
ES 80—LS 6105/DI 112 10
1 boundary of the existing new motor vehicle dealer's principal
2 place of business and the nearest surveyed boundary line of
3 the relocated new motor vehicle dealer's place of business.
4 (2) With respect to a:
5 (A) proposed new motor vehicle dealer; or
6 (B) new motor vehicle dealer who plans to relocate the
7 dealer's place of business in a county having a population
8 of not more than one hundred thousand (100,000);
9 the area within a radius of ten (10) miles of the intended site
10 of the proposed or relocated dealer. The ten (10) mile distance
11 shall be determined by measuring the distance between the
12 nearest surveyed boundary line of the existing new motor
13 vehicle dealer's principal place of business and the nearest
14 surveyed boundary line of the proposed or relocated new
15 motor vehicle dealer's principal place of business.
16 Sec. 36. "Sale" includes every contract of sale, contract to sell,
17 or disposition of a motor vehicle or interest in a motor vehicle for
18 value.
19 Sec. 37. "Secretary" refers to the secretary of state holding
20 office as set forth in IC 4-5-1-1.
21 Sec. 38. "Sign" or "signature" includes a manual, facsimile, or
22 conformed signature, or an electronic signature.
23 Sec. 39. "Stop sale directive" means a notification issued by a
24 manufacturer or distributor stating that a used vehicle in inventory
25 may not be sold or leased at retail or wholesale due to:
26 (1) a federal safety recall for:
27 (A) a defect; or
28 (B) a noncompliance; or
29 (2) a federal emissions recall.
30 Sec. 40. (a) "Transfer dealer" means a person that is not
31 engaged in the business of selling motor vehicles but, as a result of
32 the person's primary business, has cause to sell, offer to sell, or
33 advertise for sale at least twelve (12) motor vehicles during a
34 twelve (12) month period.
35 (b) The term does not include:
36 (1) a manufacturer;
37 (2) a distributor;
38 (3) a converter manufacturer;
39 (4) a watercraft dealer;
40 (5) an automotive mobility dealer;
41 (6) an automotive auction;
42 (7) a person engaged in the business of:
ES 80—LS 6105/DI 112 11
1 (A) storing vehicles;
2 (B) furnishing supplies for vehicles;
3 (C) providing towing services for vehicles; or
4 (D) repairing vehicles; or
5 (8) a person whose primary business is selling motor vehicles.
6 Sec. 41. "Transport operator" has the meaning set forth in
7 IC 9-13-2-187.
8 Sec. 42. "Uniform time standards manual" means a schedule
9 established by a manufacturer or distributor setting forth the time
10 allowances for the diagnosis and performance of warranty work
11 and service.
12 Sec. 43. "Used motor vehicle" means a motor vehicle that:
13 (1) has been previously titled under IC 9-17; or
14 (2) has been transferred by a manufacturer, distributor, or
15 dealer to an ultimate purchaser.
16 Sec. 44. (a) "Used motor vehicle dealer" means any person that
17 within a twelve (12) month period sells, offers to sell, or advertises
18 for sale, including directly by the Internet or another computer
19 network, at least twelve (12) used motor vehicles (excluding
20 manufactured homes).
21 (b) The term does not include the following:
22 (1) A receiver, trustee, or other person appointed by or acting
23 under the judgment or order of a court.
24 (2) A public officer while performing official duties.
25 (3) A person that holds a mechanic's lien on a motor vehicle
26 under IC 9-22-6, if the person sells the motor vehicle:
27 (A) in accordance with requirements in IC 9-22-6; or
28 (B) to an automotive salvage recycler licensed under
29 IC 9-32-9 after the motor vehicle fails to sell at public
30 auction conducted in compliance with IC 9-22-6.
31 (4) A person that holds a lien for towing services under
32 IC 9-22-1, if the person complies with all applicable
33 requirements in IC 9-22-1 and IC 9-22-6.
34 Sec. 45. "Used parts dealer" means a person who primarily
35 buys, sells, barters, exchanges, or deals in used major component
36 parts. The term does not include a scrap metal processor.
37 Sec. 46. "Watercraft dealer" means a person that sells, offers to
38 sell, or advertises the sale of at least six (6):
39 (1) watercrafts;
40 (2) trailers designed and used exclusively for the
41 transportation of watercrafts; or
42 (3) trailers sold in general association with the sale of
ES 80—LS 6105/DI 112 12
1 watercrafts;
2 within a period of twelve (12) months.
3 SECTION 32. IC 9-32-11-2.5, AS AMENDED BY P.L.120-2020,
4 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 2.5. (a) An automotive mobility dealer must be
6 licensed under this article as a used motor vehicle dealer, manufacturer,
7 new motor vehicle dealer, or converter manufacturer.
8 (b) Effective January 1, 2018, before an automotive mobility dealer
9 engages in any of the activities described in IC 9-32-2-4.5,
10 IC 9-32-2.1-4, the automotive mobility dealer must have an automotive
11 mobility dealer endorsement issued by the secretary.
12 (c) An application for an automotive mobility endorsement must be:
13 (1) on a form prescribed by the secretary; and
14 (2) accompanied by proof that the applicant is accredited through
15 the Quality Assurance Program of the National Mobility
16 Equipment Dealers Association.
17 SECTION 33. IC 9-32-18-5, AS ADDED BY P.L.179-2017,
18 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 5. (a) The secretary may not make a payment to
20 a qualifying individual under section 4 of this chapter unless the dealer
21 ordered to pay restitution to the qualifying individual has not paid the
22 full amount of the restitution as described in section 2(2) of this
23 chapter:
24 (1) by the date provided in the order; or
25 (2) not later than ninety (90) days after the order is issued;
26 whichever is later.
27 (b) A qualifying individual may seek payment from the fund of any
28 amount of the restitution:
29 (1) ordered by the court to be paid to the qualifying individual or
30 ordered under IC 9-32-16-2; and
31 (2) not paid by the dealer ordered to pay the restitution;
32 by filing a claim with the secretary on a form prescribed by the
33 secretary.
34 (c) The secretary must receive a claim filed under this chapter not
35 later than one hundred eighty (180) days after the date on which the
36 order described in section 2 of this chapter becomes final. The
37 secretary may grant an extension of time for good cause shown by the
38 qualifying individual filing the claim.
39 (d) Notwithstanding subsection (c), the secretary may not accept a
40 claim that is received more than:
41 (1) two (2) years after the date of the judgment described in
42 section 2(2)(A) of this chapter; or
ES 80—LS 6105/DI 112 13
1 (2) one hundred eighty (180) days after the date of the order
2 described in section 2(2)(B) of this chapter;
3 becomes final.
4 (e) The personal information (as defined in IC 9-32-2-18.7),
5 IC 9-32-2.1-34) of a qualifying individual who files a qualifying claim
6 with the secretary under subsection (b) is confidential and may not be
7 disclosed or distributed outside the secretary, except as required by
8 law.
9 (f) Upon receiving a qualifying claim, the secretary may pay, from
10 money available in the fund, to each qualifying individual identified in
11 the claim under section 2(3) of this chapter an amount that:
12 (1) is determined by the secretary, at the secretary's discretion;
13 (2) may be up to the amount of the restitution awarded to the
14 qualifying individual and not paid by the dealer ordered to pay the
15 restitution; and
16 (3) may not exceed three thousand dollars ($3,000).
17 (g) The limits set forth in subsection (f) do not prohibit a qualifying
18 individual from seeking to recover, in any action, or through any other
19 lawful remedy available, any amount of the restitution that:
20 (1) is awarded to the qualifying individual in the order described
21 in section 2(2) of this chapter;
22 (2) is not paid by the dealer ordered to pay the restitution; and
23 (3) exceeds the amount paid to the qualifying individual by the
24 secretary under subsection (f).
25 SECTION 34. IC 13-20-25-10, AS AMENDED BY P.L.130-2018,
26 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 10. (a) A person:
28 (1) who:
29 (A) is not required to submit a recycling activity report under
30 section 9 of this chapter; but
31 (B) recycled recyclable materials during a calendar year;
32 (2) who:
33 (A) meets the definition of "scrap metal processing facility" set
34 forth in IC 8-23-1-36;
35 (B) meets the definition of "automotive salvage recycler" set
36 forth in IC 9-13-2-10;
37 (C) meets the definition of "recycling facility" set forth in
38 IC 9-13-2-150.3;
39 (D) is engaged in business subject to IC 9-22-3;
40 (E) meets the definition of "automotive salvage rebuilder" set
41 forth in IC 9-32-2-5; IC 9-32-2.1-5;
42 (F) meets the definition of "scrap metal processor" set forth in
ES 80—LS 6105/DI 112 14
1 IC 13-11-2-196.5;
2 (G) meets the definition of "core buyer" set forth in
3 IC 25-37.5-1-0.2; or
4 (H) meets the definition of "valuable metal dealer" set forth in
5 IC 25-37.5-1-1(b); or
6 (3) who:
7 (A) is not required to submit a recycling activity report under
8 section 9 of this chapter; but
9 (B) took action during a calendar year to recover, from the
10 solid waste stream, for purposes of:
11 (i) use or reuse;
12 (ii) conversion into raw materials; or
13 (iii) use in the production of new products;
14 materials that were not municipal waste;
15 may voluntarily submit a recycling activity report to the commissioner
16 concerning the person's recycling activity during the calendar year.
17 (b) The commissioner shall include information reported to the
18 commissioner under this section in the annual reports that the
19 commissioner is required to submit under IC 4-23-5.5-6.
20 SECTION 35. IC 24-5-13-3.1, AS AMENDED BY P.L.137-2018,
21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 3.1. As used in this chapter, "dealer" has the
23 meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
24 SECTION 36. IC 24-5-13.1-4, AS ADDED BY P.L.91-2022,
25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 4. As used in this chapter, "dealer" has the
27 meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
28 SECTION 37. IC 34-30-34-2, AS ADDED BY P.L.211-2023,
29 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 2. As used in this chapter, "dealer" has the
31 meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
32 SECTION 38. IC 3-7-16-16, AS AMENDED BY P.L.128-2015,
33 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 16. An employee or a volunteer of the office who
35 provides an individual with an application for assistance or services
36 under this chapter shall do the following:
37 (1) Inform each individual who applies for assistance or services
38 that the information the individual provides on the individual's
39 voter registration application will be used to register the
40 individual to vote unless:
41 (A) the individual is not eligible to vote;
42 (B) the individual declines to register to vote or fails to
ES 80—LS 6105/DI 112 15
1 complete the voter registration part of the application; or
2 (C) the individual answers "no" to either question described
3 by IC 3-7-22-5(3) or IC 3-7-22-5(4).
4 (2) Provide each individual who indicates a desire to register or
5 transfer registration with assistance in filling out the voter
6 registration application unless the individual refuses assistance,
7 as provided in 52 U.S.C. 20506(a)(4)(ii). 52 U.S.C.
8 20506(a)(4)(A)(ii).
9 (3) Check the completed voter registration form for legibility and
10 completeness.
11 (4) Deliver the completed registration form to the office
12 administrator (or the employee designated by the administrator to
13 be responsible for voter registration services) for transmittal to the
14 appropriate county voter registration office.
15 (5) Inform the individual that the individual will receive a mailing
16 from the county voter registration office of the county where the
17 individual resides concerning the disposition of the voter
18 registration application.
19 SECTION 39. IC 3-7-18-8, AS AMENDED BY P.L.128-2015,
20 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 8. An employee of the office who provides an
22 individual with an application for assistance or services under this
23 chapter shall do the following:
24 (1) Inform each individual who applies for assistance or services
25 that the information the individual provides on the individual's
26 voter registration application will be used to register the
27 individual to vote unless:
28 (A) the individual is not eligible to vote;
29 (B) the individual declines to register to vote or fails to
30 complete the voter registration part of the application; or
31 (C) the individual answers "no" to either question described
32 by IC 3-7-22-5(3) or IC 3-7-22-5(4).
33 (2) Provide each individual who indicates a desire to register or
34 transfer registration with assistance in filling out the voter
35 registration application unless the individual refuses assistance,
36 as provided in 52 U.S.C. 20506(a)(4)(A)(ii).
37 (3) Check the completed voter registration form for legibility and
38 completeness.
39 (4) Deliver the completed registration form to the office
40 administrator (or the employee designated by the administrator to
41 be responsible for voter registration services) for transmittal to the
42 appropriate county voter registration office.
ES 80—LS 6105/DI 112 16
1 (5) Inform the individual that the individual will receive a mailing
2 from the county voter registration office of the county where the
3 individual resides concerning the disposition of the voter
4 registration application.
5 SECTION 40. IC 25-14-6-1, AS AMENDED BY P.L.56-2023,
6 SECTION 227, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A dentist may order and
8 administer an immunization that is recommended by the federal
9 Centers for Disease Control and Prevention Advisory Committee on
10 Immunization Practices for individuals who are not less than eleven
11 (11) years of age, if the dentist complies with the following
12 requirements:
13 (1) Before administering an immunization to an individual, the
14 dentist receives the consent of one (1) of the following:
15 (A) If the individual to whom the immunization is to be
16 administered is at least eleven (11) years of age and is less
17 than eighteen (18) years of age, the parent or legal guardian of
18 the individual.
19 (B) If the individual to whom the immunization is to be
20 administered is at least eighteen (18) years of age and has a
21 legal guardian, the legal guardian of the individual.
22 (C) If the individual to whom the immunization is to be
23 administered is at least eighteen (18) years of age and does not
24 have a legal guardian, the individual.
25 A parent or legal guardian who is required to give consent under
26 this subdivision must be present at the time of immunization.
27 (2) Is certified in cardiopulmonary resuscitation.
28 (3) Has successfully completed a course of training in
29 immunization that meets the requirements set forth in subsection
30 (b).
31 (4) Administers the immunization in accordance with a protocol
32 that meets the requirements set forth in section 2 of this chapter.
33 (b) A course of training under subsection (a)(3) must:
34 (1) be provided by an accredited provider;
35 (2) be approved by the board;
36 (3) meet the standards set forth by:
37 (A) the Centers for Disease Control and Prevention or a
38 similar health authority; or
39 (B) a professional body approved by the board; and
40 (4) comply with guidelines issued by:
41 (A) the Centers for Disease Control and Prevention; and
42 (B) the Occupational Safety and Health Administration.
ES 80—LS 6105/DI 112 17
1 (c) A dentist who administers immunizations under this chapter
2 shall maintain records of the dentist's completion of:
3 (1) training in cardiopulmonary resuscitation; and
4 (2) training described in subsection (b).
5 (d) If the Indiana department of health or the department of
6 homeland security determines that an emergency exists, subject to
7 IC 16-41-9-1.7(a)(2), a dentist may administer any immunization in
8 accordance with any instructions in the emergency determination.
ES 80—LS 6105/DI 112 18
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 80, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 80 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 11, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
Senate Bill 80, 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 14, after line 31, begin a new paragraph and insert:
"SECTION 38. IC 3-7-16-16, AS AMENDED BY P.L.128-2015,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 16. An employee or a volunteer of the office who
provides an individual with an application for assistance or services
under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) the individual answers "no" to either question described
by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 52 U.S.C. 20506(a)(4)(ii). 52 U.S.C.
20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
ES 80—LS 6105/DI 112 19
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing
from the county voter registration office of the county where the
individual resides concerning the disposition of the voter
registration application.
SECTION 39. IC 3-7-18-8, AS AMENDED BY P.L.128-2015,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. An employee of the office who provides an
individual with an application for assistance or services under this
chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) the individual answers "no" to either question described
by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 52 U.S.C. 20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing
from the county voter registration office of the county where the
individual resides concerning the disposition of the voter
registration application.
SECTION 40. IC 25-14-6-1, AS AMENDED BY P.L.56-2023,
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A dentist may order and
administer an immunization that is recommended by the federal
Centers for Disease Control and Prevention Advisory Committee on
Immunization Practices for individuals who are not less than eleven
(11) years of age, if the dentist complies with the following
ES 80—LS 6105/DI 112 20
requirements:
(1) Before administering an immunization to an individual, the
dentist receives the consent of one (1) of the following:
(A) If the individual to whom the immunization is to be
administered is at least eleven (11) years of age and is less
than eighteen (18) years of age, the parent or legal guardian of
the individual.
(B) If the individual to whom the immunization is to be
administered is at least eighteen (18) years of age and has a
legal guardian, the legal guardian of the individual.
(C) If the individual to whom the immunization is to be
administered is at least eighteen (18) years of age and does not
have a legal guardian, the individual.
A parent or legal guardian who is required to give consent under
this subdivision must be present at the time of immunization.
(2) Is certified in cardiopulmonary resuscitation.
(3) Has successfully completed a course of training in
immunization that meets the requirements set forth in subsection
(b).
(4) Administers the immunization in accordance with a protocol
that meets the requirements set forth in section 2 of this chapter.
(b) A course of training under subsection (a)(3) must:
(1) be provided by an accredited provider;
(2) be approved by the board;
(3) meet the standards set forth by:
(A) the Centers for Disease Control and Prevention or a
similar health authority; or
(B) a professional body approved by the board; and
(4) comply with guidelines issued by:
(A) the Centers for Disease Control and Prevention; and
(B) the Occupational Safety and Health Administration.
(c) A dentist who administers immunizations under this chapter
shall maintain records of the dentist's completion of:
(1) training in cardiopulmonary resuscitation; and
(2) training described in subsection (b).
(d) If the Indiana department of health or the department of
homeland security determines that an emergency exists, subject to
IC 16-41-9-1.7(a)(2), a dentist may administer any immunization in
accordance with any instructions in the emergency determination.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 80—LS 6105/DI 112 21
(Reference is to SB 80 as printed January 12, 2024.)
JETER
Committee Vote: yeas 10, nays 0.
ES 80—LS 6105/DI 112