Introduced Version
HOUSE BILL No. 1382
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-22-1-8; IC 9-32; IC 9-32.5;
IC 24-5-0.5-3; IC 24-14; IC 35-52-9.1.
Synopsis: Dealer services division. Provides that the licensing
requirements relating to vehicle merchandising do not apply to
distributors or manufacturers that are not located in Indiana. Provides
that if certain persons engage in the business of buying, selling, or
trading of motor vehicles on a Sunday, those persons commit a Class
B misdemeanor. Amends current law that establishes a mandatory
training program that applicants for a used motor vehicle dealer license
must complete. Provides that except as part of a change in dealer
business entity type, a holder of a dealer license or endorsement may
not take certain actions with respect to the dealer license or
endorsement. Provides that certain people may not be employed as a
salesperson or act as an agent or contractor for a dealer. Provides that
the secretary of state has authority over towing services in Indiana
(currently only the attorney general has authority over towing services).
Requires a towing company to obtain a license from the secretary of
state dealer services division. Makes conforming changes.
Effective: July 1, 2025.
Heine, Pressel
January 13, 2025, read first time and referred to Committee on Roads and Transportation.
2025 IN 1382—LS 7090/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1382
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 9-13-2-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 2.1. "Affiliate", for purposes of IC 9-32.5, has the
4 meaning set forth in IC 9-32.5-2-2.
5 SECTION 2. IC 9-13-2-7.7 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 7.7. "Automobile club", for purposes of IC 9-32.5,
8 has the meaning set forth in IC 9-32.5-2-3.
9 SECTION 3. IC 9-13-2-34.4 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 34.4. "Consensual towing agreement", for purposes
12 of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-4.
13 SECTION 4. IC 9-13-2-45.5, AS AMENDED BY P.L.104-2024,
14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 45.5. "Division", for purposes of IC 9-32 and
16 IC 9-32.5, has the meaning set forth in IC 9-32-2.1-16.
2025 IN 1382—LS 7090/DI 154 2
1 SECTION 5. IC 9-13-2-49.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 49.8. "Emergency towing", for purposes of IC 9-32.5,
4 has the meaning set forth in IC 9-32.5-2-6.
5 SECTION 6. IC 9-13-2-65.5 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 65.5. "Flat bed service", for purposes of IC 9-32.5,
8 has the meaning set forth in IC 9-32.5-2-7.
9 SECTION 7. IC 9-13-2-70.3 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 70.3. "Government agency towing", for purposes of
12 IC 9-32.5, has the meaning set forth in IC 9-32.5-2-8.
13 SECTION 8. IC 9-13-2-92.1 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2025]: Sec. 92.1. "Law enforcement towing", for purposes of
16 IC 9-32.5, has the meaning set forth in IC 9-32.5-2-9.
17 SECTION 9. IC 9-13-2-94.1 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2025]: Sec. 94.1. "Local law enforcement agency", for purposes
20 of IC 9-26-9 and IC 9-32.5, has the meaning set forth in
21 IC 9-26-9-2.
22 SECTION 10. IC 9-13-2-105, AS AMENDED BY P.L.120-2020,
23 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as
25 otherwise provided in this section, a vehicle that is self-propelled. The
26 term does not include a farm tractor, an implement of agriculture
27 designed to be operated primarily in a farm field or on farm premises,
28 an electric bicycle, an electric foot scooter, or an electric personal
29 assistive mobility device.
30 (b) "Motor vehicle", for purposes of IC 9-21, means:
31 (1) a vehicle that is self-propelled; or
32 (2) a vehicle that is propelled by electric power obtained from
33 overhead trolley wires, but not operated upon rails.
34 The term does not include an electric foot scooter.
35 (c) "Motor vehicle", for purposes of IC 9-32, includes a semitrailer,
36 a trailer, an off-road vehicle, a snowmobile, a mini-truck, a
37 manufactured home, or a recreational vehicle. The term does not
38 include an electric foot scooter.
39 (d) "Motor vehicle", for purposes of IC 9-32.5, has the meaning
40 set forth in IC 9-32.5-2-11.
41 SECTION 11. IC 9-13-2-121, AS AMENDED BY P.L.164-2020,
42 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025 IN 1382—LS 7090/DI 154 3
1 JULY 1, 2025]: Sec. 121. (a) Except as otherwise provided in
2 subsection (b), "owner" means a person, other than a lienholder, that:
3 (1) holds the property in or title to, as applicable, a vehicle,
4 manufactured home, mobile home, off-road vehicle, snowmobile,
5 or watercraft; or
6 (2) is entitled to the use or possession of, as applicable, a vehicle,
7 manufactured home, off-road vehicle, snowmobile, or watercraft,
8 through a lease or other agreement intended to operate as a
9 security.
10 (b) "Owner" for purposes of IC 9-18.1-14.5, has the meaning set
11 forth in 33 CFR 174.3.
12 (c) "Owner", for purposes of IC 9-32.5 (except IC 9-32.5-5), has
13 the meaning set forth in IC 9-32.5-2-12.
14 SECTION 12. IC 9-13-2-136.1 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 136.1. "Private property towing",
17 for purposes of IC 9-32.5, has the meaning set forth in
18 IC 9-32.5-2-13.
19 SECTION 13. IC 9-13-2-162.5, AS AMENDED BY P.L.104-2024,
20 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 162.5. "Secretary", for purposes of IC 9-32 and
22 IC 9-32.5, has the meaning set forth in IC 9-32-2.1-37.
23 SECTION 14. IC 9-13-2-163.5 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 163.5. "Seizure towing", for
26 purposes of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-15.
27 SECTION 15. IC 9-13-2-174.4 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 174.4. "Storage facility", for
30 purposes of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-16.
31 SECTION 16. IC 9-13-2-177.2 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2025]: Sec. 177.2. "Taxpayer identification
34 number", for purposes of IC 9-32.5, has the meaning set forth in
35 IC 9-32.5-2-17.
36 SECTION 17. IC 9-13-2-178.4 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 178.4. "Tow truck", for purposes
39 of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-18.
40 SECTION 18. IC 9-13-2-178.5 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2025]: Sec. 178.5. "Tow truck operator", for
2025 IN 1382—LS 7090/DI 154 4
1 purposes of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-19.
2 SECTION 19. IC 9-13-2-178.6 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 178.6. "Towing company", for
5 purposes of IC 9-32.5, has the meaning set forth in IC 9-32.5-2-20.
6 SECTION 20. IC 9-13-2-178.7 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 178.7. "Towing company
9 manager", for purposes of IC 9-32.5, has the meaning set forth in
10 IC 9-32.5-2-21.
11 SECTION 21. IC 9-13-2-178.8 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 178.8. "Towing company owner",
14 for purposes of IC 9-32.5, has the meaning set forth in
15 IC 9-32.5-2-22.
16 SECTION 22. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), if the properly
19 identified person who owns or holds a lien on a vehicle appears at the
20 site of storage before disposal of the vehicle or parts and pays all costs
21 relating to a tow, the storage of the vehicle, and all allowable fees, as
22 applicable, the vehicle or parts shall be released.
23 (b) A towing service or storage yard may charge an inspection fee
24 to an owner, a lienholder, or an insurance company representative to
25 inspect a vehicle or retrieve items from the vehicle. A fee under this
26 subsection must be refunded if the costs relating to a tow, the storage
27 of the vehicle, and all allowable fees, as applicable, are paid under
28 subsection (a).
29 (c) A towing service or storage yard must accept payment made by
30 any of the following means from a person seeking to release a vehicle
31 under this section:
32 (1) Cash.
33 (2) Certified check.
34 (3) Insurance check.
35 (4) Money order.
36 A towing service or storage facility may elect to accept payment by
37 means of a credit card or debit card.
38 (d) Upon receiving payment of all costs relating to a tow, the storage
39 of a vehicle, and all allowable fees, as applicable, a towing service or
40 storage yard shall provide to the person making payment an itemized
41 receipt that includes the information set forth in IC 24-14-5,
42 IC 9-32.5-6, to the extent the information is known or available.
2025 IN 1382—LS 7090/DI 154 5
1 (e) A towing service or storage yard must be open for business and
2 accessible by telephone during regular office hours. A towing service
3 or storage yard must provide a telephone number that is available on a
4 twenty-four (24) hour basis to receive calls and messages from callers,
5 including calls made outside of regular office hours. All calls made to
6 a towing service or storage yard must be returned within twenty-four
7 (24) hours from the time received. However, if adverse weather, an act
8 of God, or an emergency situation over which the towing service or
9 storage yard has no control prevents the towing service or storage yard
10 from returning calls within twenty-four (24) hours, the towing service
11 or storage yard shall return all calls received as quickly as possible.
12 (f) A towing service or storage yard shall, if required, notify the
13 appropriate public agency of all releases under this section. The
14 notification must include:
15 (1) the name and address of:
16 (A) the person that owns or holds a lien on the vehicle; and
17 (B) the insurance company that insures the vehicle, if the
18 vehicle was released to a representative of the insurance
19 company;
20 (2) the signature of the individual to whom the vehicle was
21 released;
22 (3) a description of the vehicle or parts;
23 (4) costs paid; and
24 (5) the date of release.
25 SECTION 23. IC 9-32-2.1-11, AS ADDED BY P.L.104-2024,
26 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 11. "Dealer manager" means an individual who
28 works at the established place of business of a dealer and who is
29 responsible for and is in charge of the day to day operations, including
30 the management, direction, and control of the dealership.
31 SECTION 24. IC 9-32-7-1, AS AMENDED BY P.L.179-2017,
32 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 1. (a) The dealer compliance account is
34 established as a separate account to be administered by the secretary.
35 The funds in the account must be available, with the approval of the
36 budget agency, for use in enforcing and administering this article.
37 (b) The expenses of administering this article shall be paid from
38 money in the account.
39 (c) The treasurer of state shall invest the money in the dealer
40 compliance account not currently needed to meet the obligations of the
41 account in the same manner as other public money may be invested.
42 Interest that accrues from these investments shall be deposited in the
2025 IN 1382—LS 7090/DI 154 6
1 account.
2 (d) The dealer compliance account consists of the following:
3 (1) Money deposited under:
4 (A) IC 9-32-6;
5 (B) IC 9-32-6.5; and
6 (C) section 3(1) of this chapter; and
7 (D) IC 9-32.5-3-4.
8 (2) Appropriations to the account from other sources.
9 (3) Grants, gifts, donations, or transfers intended for deposit in the
10 account.
11 (4) Interest that accrues from money in the account.
12 (e) Money in the dealer compliance account at the end of a state
13 fiscal year does not revert to the state general fund.
14 (f) Money in the dealer compliance account is continuously
15 appropriated to the secretary for the purposes of the account.
16 SECTION 25. IC 9-32-7-3, AS AMENDED BY P.L.179-2017,
17 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 3. All money collected by the secretary from
19 manufacturers, distributors, dealers, automobile auctions, manufacturer
20 representatives, distributor representatives, transfer dealers, converter
21 manufacturers, or automotive mobility dealers for licenses,
22 endorsements, and permit fees under IC 9-32-11 and towing
23 companies for licenses under IC 9-32.5-3-6 shall be deposited as
24 follows:
25 (1) Thirty percent (30%) to the dealer compliance account
26 established by section 1 of this chapter.
27 (2) Forty percent (40%) to the motor vehicle highway account
28 under IC 8-14-1.
29 (3) Twenty percent (20%) to the state police department, and this
30 amount is continuously appropriated to the department for its use
31 in enforcing odometer laws.
32 (4) Ten percent (10%) to the attorney general, and this amount is
33 continuously appropriated to the attorney general for use in
34 enforcing odometer laws.
35 SECTION 26. IC 9-32-8.5-0.5 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. For purposes of this chapter,
38 a manufactured home community may include an entity associated
39 with the person to which the Indiana department of health issues
40 a mobile home park license under IC 16-41-27.
41 SECTION 27. IC 9-32-8.5-2, AS ADDED BY P.L.20-2022,
42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025 IN 1382—LS 7090/DI 154 7
1 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsections (b) and
2 (c), an application for a manufactured home dealer license must
3 include the zoning affidavit required by IC 9-32-11-2(d).
4 IC 9-32-11-2(e).
5 (b) If the manufactured home dealer:
6 (1) has established a place of business that is a manufactured
7 home community;
8 (2) operates the manufactured home community; and
9 (3) is selling or will be selling only manufactured homes that:
10 (A) are already located within the manufactured home
11 community; or
12 (B) will be installed within the manufactured home
13 community;
14 the application must be accompanied by an affidavit under subsection
15 (c).
16 (c) An affidavit submitted by a manufactured home dealer under
17 subsection (b) must affirm under penalty of perjury that:
18 (1) a zoning affidavit or statement is not required under
19 subsection (b); and
20 (2) the applicant intends to sell only manufactured homes to
21 buyers that purchase manufactured homes with the intent for the
22 manufactured home to:
23 (A) remain within the manufactured home community; or
24 (B) be installed within the manufactured home community.
25 (d) If the secretary receives a written complaint from the person
26 charged with enforcing a zoning ordinance, if one exists, or the zoning
27 enforcement officer under IC 36-7-4, that a manufactured home dealer
28 who is licensed under subsection (b) or (c) is operating in violation of
29 a zoning affidavit required under IC 9-32-11-2(d), IC 9-32-11-2(e), the
30 secretary shall delay the issuance or renewal of the manufactured home
31 dealer's license until the local zoning complaint has been satisfied.
32 SECTION 28. IC 9-32-11-2, AS AMENDED BY P.L.116-2024,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 2. (a) This section does not apply to a
35 distributor or manufacturer not located in Indiana.
36 (a) (b) An application for a license under this article must:
37 (1) be accompanied by payment of the applicable fee required
38 under this section;
39 (2) be on a form prescribed by the secretary;
40 (3) contain the information the secretary considers necessary to
41 enable the secretary to determine fully:
42 (A) the qualifications and eligibility of the applicant to receive
2025 IN 1382—LS 7090/DI 154 8
1 the license; and
2 (B) the ability of the applicant to conduct properly the business
3 for which the application is submitted;
4 (4) contain evidence of a bond required in subsection (e); (f);
5 (5) contain evidence of liability coverage required by section 14
6 of this chapter;
7 (6) contain the federal tax identification number issued to the
8 dealer; and
9 (7) contain the registered retail merchant's certificate issued to the
10 dealer under IC 6-2.5-8.
11 (b) (c) An application for a license as a dealer must show whether
12 the applicant proposes to sell new or used motor vehicles, or both.
13 (c) (d) An applicant who proposes to use the Internet or another
14 computer network to facilitate the sale of motor vehicles shall maintain
15 all records at the established place of business in Indiana.
16 (d) (e) Except as provided in subsection (e), (f), the application must
17 include an affidavit from:
18 (1) the person charged with enforcing a zoning ordinance, if one
19 exists; or
20 (2) the zoning enforcement officer under IC 36-7-4;
21 who has jurisdiction over the real property where the applicant wants
22 to operate as a dealer. The affidavit must state that the proposed
23 location is zoned for the operation of a dealer's establishment.
24 (e) (f) If there is no person or officer under subsection (d)(1) or
25 (d)(2), (e)(1) or (e)(2), the application must be accompanied by a
26 statement to that effect from the executive (as defined in IC 36-1-2-5)
27 of the unit in which the real property is located.
28 (f) (g) The applicant may file the zoning affidavit under subsection
29 (d) (e) or statement under subsection (e) (f) with the application at any
30 time after the filing of the application. However, the secretary may not
31 issue a license until the applicant files the affidavit or the statement.
32 (g) (h) The zoning affidavit under subsection (d) (e) or statement
33 under subsection (e) (f) may not be signed by a person described in
34 subsection (d)(1) or (d)(2) (e)(1) or (e)(2) or the executive of the unit
35 more than ninety (90) days before the affidavit or statement is
36 submitted to the secretary as part of an application for a license under
37 this article.
38 (h) (i) A licensee shall maintain a bond satisfactory to the secretary
39 in the amount of twenty-five thousand dollars ($25,000). The bond
40 must:
41 (1) be in favor of the state;
42 (2) secure payment of fines, penalties, costs, and fees assessed by
2025 IN 1382—LS 7090/DI 154 9
1 the secretary after:
2 (A) notice;
3 (B) opportunity for a hearing; and
4 (C) opportunity for judicial review; and
5 (3) secure the payment of damages to a person aggrieved by a
6 violation of this article by the licensee after a judgment has been
7 issued.
8 (i) (j) Service under this chapter shall be made in accordance with
9 the Indiana Rules of Trial Procedure.
10 (j) (k) The fee for a license for a manufacturer or a distributor is
11 thirty-five dollars ($35).
12 (k) (l) The fee for a license for a used motor vehicle dealer, new
13 motor vehicle dealer, or automobile auction company is thirty dollars
14 ($30).
15 (l) (m) The fee for a transfer dealer or a converter manufacturer is
16 twenty dollars ($20).
17 (m) (n) The fees collected under this section are nonrefundable and
18 shall be deposited as set forth in IC 9-32-7-3.
19 (n) (o) An application for a used motor vehicle dealer license must
20 include a certificate of completion of the training course described in
21 IC 9-32-16-1.3, issued by the Independent Automobile Dealers
22 Association domiciled in Indiana.
23 SECTION 29. IC 9-32-11-6, AS AMENDED BY P.L.20-2022,
24 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 6. (a) A license issued to a dealer under this
26 article:
27 (1) must specify the established place of business; and
28 (2) shall be conspicuously displayed at the established place of
29 business.
30 (b) If a dealer's:
31 (1) business name, including a doing business as name;
32 (2) established place of business address;
33 (3) business entity type;
34 (4) contact information;
35 (5) dealer owner; or
36 (6) dealer manager;
37 changes, the dealer shall submit to the secretary an application for
38 approval of the change not later than ten (10) days after the change in
39 a manner prescribed by the secretary.
40 (c) A dealer that uses the Internet or another computer network to
41 facilitate the sale of motor vehicles as set forth in section 2(c) 2(d) of
42 this chapter shall notify the secretary not later than ten (10) days after
2025 IN 1382—LS 7090/DI 154 10
1 any change in a name, address, or telephone number documented in
2 business records located outside Indiana that have been created in
3 transactions made in Indiana by the dealer.
4 (d) Except as provided in subsection (e), an application requesting
5 a change to the address for the dealer's established place of business
6 must be accompanied by an affidavit stating that the proposed location
7 is zoned for the operation of a dealer's establishment from:
8 (1) the person charged with enforcing a zoning ordinance
9 described in this subsection; or
10 (2) the zoning enforcement officer under IC 36-7-4;
11 that has jurisdiction over the real property where the applicant wants
12 to operate as a dealer.
13 (e) If there is no person or officer under subsection (d)(1) or (d)(2),
14 the application must be accompanied by a statement to that effect from
15 the executive (as defined in IC 36-1-2-5) of the unit in which the real
16 property is located.
17 (f) The secretary may not approve a change of location until the
18 dealer provides the affidavit or the statement.
19 (g) The affidavit or statement may not be signed by a person
20 described in subsection (d)(1) or (d)(2) or the executive of a unit more
21 than ninety (90) days before the affidavit or statement is submitted to
22 the secretary as part of an application for a change of location.
23 (h) For the purpose of this section, an offsite sales license issued
24 under section 11 of this chapter does not constitute a change of
25 location.
26 SECTION 30. IC 9-32-11-11, AS AMENDED BY P.L.20-2022,
27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 11. (a) Except as otherwise provided, the secretary
29 shall issue an offsite sales permit to a dealer licensed under this article
30 who submits an application for the permit not later than ten (10)
31 business days or two (2) calendar weeks before the offsite sale date.
32 Permit applications under this section shall be made public upon the
33 request of any person.
34 (b) The secretary may not issue an offsite sales permit to the
35 following:
36 (1) Except as provided in subsection (c), an applicant dealer
37 proposing to conduct a sale outside a radius of twenty (20) miles
38 from the applicant dealer's established place of business.
39 (2) An applicant dealer that has held more than three (3)
40 nonconsecutive offsite sales in the year ending on the date of the
41 offsite sale for which the permit application is being submitted.
42 (3) An applicant dealer that is proposing to conduct an offsite sale
2025 IN 1382—LS 7090/DI 154 11
1 for more than ten (10) calendar days.
2 (4) An applicant dealer that has failed:
3 (A) to pay the applicable fee; or
4 (B) file an affidavit or statement;
5 under this section.
6 (5) A transfer dealer.
7 (6) An automotive salvage recycler.
8 (c) The following may conduct an offsite sale with an offsite sales
9 permit outside a radius of twenty (20) miles from the entity's
10 established place of business:
11 (1) A new manufactured home dealer.
12 (2) A recreational vehicle dealer.
13 (3) A rental company that is a dealer conducting a sale at a site
14 within twenty (20) miles of any of its company owned affiliates.
15 (4) An off-road vehicle dealer.
16 (5) An applicant dealer that is selling only motor vehicles
17 classified as classic, collector, or antique under rules adopted
18 under section 18(a)(2)(B) of this chapter.
19 (d) An application for an offsite sales permit must include an
20 affidavit stating that the proposed location is zoned for the operation of
21 the dealer's offsite sale from:
22 (1) the person charged with enforcing a zoning ordinance, if the
23 person exists; or
24 (2) the zoning enforcement officer under IC 36-7-4;
25 who has jurisdiction over the real property where the dealer wants to
26 conduct an offsite sale.
27 (e) If there is no person or officer under subsection (d)(1) or (d)(2),
28 the application must be accompanied by a statement of authorization
29 from the executive (as defined in IC 36-1-2-5) of the unit in which the
30 real property is located.
31 (f) The affidavit or statement may not be signed by a person
32 described in subsection (d)(1) or (d)(2) or the executive of a unit more
33 than ninety (90) days before the affidavit or statement is submitted to
34 the secretary as part of an application for a permit under this section.
35 (g) Section 2(c) 2(d) of this chapter does not apply to the application
36 or issuance of an offsite sales permit under this section.
37 (h) The fee for an offsite sales permit is twenty-five dollars ($25).
38 The fee is nonrefundable and shall be deposited as set forth in
39 IC 9-32-7-3.
40 (i) A dealer may not hold an offsite sale unless it has been at least
41 thirty (30) days since the final day of the dealer's last offsite sale.
42 SECTION 31. IC 9-32-11-12.5, AS AMENDED BY P.L.182-2021,
2025 IN 1382—LS 7090/DI 154 12
1 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 12.5. (a) This section applies to licenses (other
3 than wholesale dealer licenses) issued after December 31, 2014.
4 (b) An initial or renewed license issued under this article or
5 IC 9-32.5 is valid from the issue date through the expiration date in
6 accordance with the following schedule:
7 (1) A license for a person whose business name begins with the
8 letters A through B expires February 1 of each year.
9 (2) A license for a person whose business name begins with the
10 letter C expires March 1 of each year.
11 (3) A license for a person whose business name begins with the
12 letters D through F expires April 1 of each year.
13 (4) A license for a person whose business name begins with the
14 letters G through H expires May 1 of each year.
15 (5) A license for a person whose business name begins with the
16 letters I through J expires June 1 of each year.
17 (6) A license for a person whose business name begins with the
18 letters K through L expires July 1 of each year.
19 (7) A license for a person whose business name begins with the
20 letters M through N expires August 1 of each year.
21 (8) A license for a person whose business name begins with the
22 letters O through P expires September 1 of each year.
23 (9) A license for a person whose business name begins with the
24 letters Q through R expires October 1 of each year.
25 (10) A license for a person whose business name begins with the
26 letter S expires November 1 of each year.
27 (11) A license for a person whose business name begins with the
28 letters T through V expires December 1 of each year.
29 (12) A license for a person whose business name begins with the
30 letters W through Z expires January 1 of each year.
31 (c) A dealer license issued to a person whose business name begins
32 with a nonalpha character expires November 1 of each year.
33 (d) The fee for the renewal of an automotive salvage recycler license
34 is ten dollars ($10). The fees collected under this subsection are
35 nonrefundable and shall be retained by the secretary.
36 (e) The fee for the renewal of a watercraft dealer license is thirty
37 dollars ($30). The fees collected under this subsection are
38 nonrefundable and shall be retained by the secretary.
39 (f) The fee for the renewal of a manufacturer or distributor license
40 is thirty-five dollars ($35). The fees collected under this subsection are
41 nonrefundable and shall be retained by the secretary.
42 (g) The fee for the renewal of a converter manufacturer or transfer
2025 IN 1382—LS 7090/DI 154 13
1 dealer license is twenty dollars ($20). The fees collected under this
2 subsection are nonrefundable and shall be deposited as set forth in
3 IC 9-32-7-3.
4 (h) The fee for the renewal of a used motor vehicle dealer, new
5 motor vehicle dealer, or automotive auction company license is thirty
6 dollars ($30). The fees collected under this section are nonrefundable
7 and shall be deposited as set forth in IC 9-32-7-3.
8 (i) A person who violates this section by operating on an expired
9 license issued under this chapter commits a Class A infraction.
10 (j) In the event of a natural disaster or other emergency that prevents
11 the secretary from processing an application for license renewal, the
12 secretary may issue an order extending license expiration dates for not
13 more than twelve (12) additional months.
14 SECTION 32. IC 9-32-13-30.2 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 30.2. (a) This section does not
17 apply to the following:
18 (1) A person that holds a special event permit issued under
19 IC 9-32-11-18.
20 (2) The buying, selling, or trading of a motor vehicle that is a
21 motorcycle.
22 (b) A person that engages in the business of buying, selling, or
23 trading of motor vehicles on a Sunday commits a Class B
24 misdemeanor.
25 SECTION 33. IC 9-32-16-1.3, AS ADDED BY P.L.116-2024,
26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 1.3. (a) The secretary in consultation with the
28 Independent Automobile Dealers Association domiciled in Indiana and
29 the division shall develop a required training course that an applicant
30 for a used motor vehicle dealer license must complete in order to obtain
31 a used motor vehicle dealer license. The training course must provide
32 the used motor vehicle dealer information on:
33 (1) licensing requirements;
34 (2) laws; and
35 (3) rules.
36 (b) The training course under this section must be offered and
37 certified by the Independent Automobile Dealers Association
38 domiciled in Indiana.
39 (c) The training course under this section must be offered online.
40 (d) The training course under this section must be completed by
41 at least one (1) person identified by the applicant as the used motor
42 vehicle dealer owner.
2025 IN 1382—LS 7090/DI 154 14
1 (d) (e) Upon completion of the training course:
2 (1) the Independent Automobile Dealers Association domiciled
3 in Indiana shall issue a certificate of completion to each used
4 motor vehicle dealer owner who successfully completes the
5 training course; and
6 (2) the used motor vehicle dealer owner is not required to retake
7 the training course.
8 (e) (f) The applicant for a used motor vehicle dealer license must
9 submit the certificate of completion issued by the Independent
10 Automobile Dealers Association domiciled in Indiana in subsection
11 (d)(1) (e)(1) with the applicant's application for a used motor vehicle
12 dealer license.
13 (f) (g) The cost for the training course under this section shall:
14 (1) not exceed three hundred dollars ($300); and
15 (2) be payable to the Independent Automobile Dealers
16 Association domiciled in Indiana.
17 (g) (h) A used motor vehicle dealer owner is not required to
18 participate in the training course under this section if the used motor
19 vehicle dealer owner:
20 (1) is renewing the used motor vehicle dealer's license; or
21 (2) has:
22 (A) more than at least one (1) other licensed used motor
23 vehicle dealership location in Indiana; and
24 (B) previously completed the training course under this section
25 to obtain a used motor vehicle dealer license for one (1) of the
26 dealer's used motor vehicle dealership locations; or
27 (3) possessed a valid used motor vehicle dealer license for at
28 least one (1) other licensed used motor vehicle dealership
29 location in Indiana on July 1, 2024.
30 SECTION 34. IC 9-32-16-2, AS AMENDED BY P.L.182-2021,
31 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 2. (a) An order issued under this article or
33 IC 9-32.5 may:
34 (1) deny a dealer license, transport operator license plate, or
35 endorsement application for registration if the secretary finds that
36 the order is in the public interest and subsection (c) authorizes the
37 action;
38 (2) condition or limit the issuance of transport operator license
39 plates to an applicant if the secretary finds that the order is in the
40 interest of the public and subsection (c) authorizes the actions;
41 and
42 (3) condition or limit the license of an applicant to be a dealer
2025 IN 1382—LS 7090/DI 154 15
1 and, if the applicant for a dealer license is a partner, officer,
2 director, or person having similar status or performing similar
3 functions, or a person directly or indirectly in control of the
4 dealership, the order may condition or limit the license.
5 (b) If the secretary finds that an order is in the public interest and
6 subsection (c) authorizes the action, an order issued under this article
7 may deny, revoke, suspend, condition, limit, or permanently bar the
8 granting of a license or endorsement or issuing of a license plate to or
9 an application for a license, endorsement, or license plate from a
10 transport operator, dealer, owner, dealer manager, or a person having
11 a similar status or performing similar functions as a dealer, or a person
12 directly or indirectly in control of the dealer. However, the secretary
13 may not:
14 (1) institute a revocation or suspension proceeding under this
15 subsection based on an order issued under the law of another state
16 that is reported to the secretary or a designee of the secretary more
17 than one (1) year after the date of the order on which it is based;
18 or
19 (2) issue an order on the basis of an order issued under the dealer
20 services laws of another state unless the other order was based on
21 conduct for which subsection (c) would authorize the action had
22 the conduct occurred in Indiana.
23 (c) A person may be disciplined under this section if the person:
24 (1) has filed an application for transport operator license plates,
25 a dealer license, or a dealer endorsement in Indiana under this
26 article, or its predecessor, within the previous ten (10) years,
27 which, as of the effective date of license or registration or as of
28 any date after filing in the case of an order denying effectiveness,
29 was incomplete as to a material fact or contained a statement that,
30 in light of the circumstances under which it was made, was false
31 or misleading with respect to a material fact;
32 (2) knowingly violated or knowingly failed to comply with this
33 article, or its predecessor, within the previous ten (10) years;
34 (3) has been convicted of a:
35 (A) felony within the previous ten (10) years;
36 (B) felony or misdemeanor involving theft or fraud; or
37 (C) felony or misdemeanor concerning an aspect of business
38 involving the offer, sale, financing, repair, modification, or
39 manufacture of a motor vehicle or watercraft;
40 (4) is enjoined or restrained by a court with jurisdiction in an
41 action instituted by a state or the United States from engaging in
42 or continuing an act, practice, or course of business involving an
2025 IN 1382—LS 7090/DI 154 16
1 aspect of a business involving the offer, barter, sale, purchase,
2 transfer, financing, repair, or manufacture of a motor vehicle or
3 watercraft;
4 (5) refuses to allow or otherwise impedes the secretary from
5 conducting an audit or inspection;
6 (6) has engaged in dishonest or unethical practices in a business
7 involving the offer, barter, sale, purchase, transfer, financing,
8 repair, or manufacture of a motor vehicle or watercraft within the
9 previous ten (10) years;
10 (7) is engaging in unfair practices as set forth in this article;
11 (8) is on the most recent tax warrant list supplied to the secretary
12 by the department of state revenue;
13 (9) violates IC 23-2-2.7;
14 (10) violates IC 9-19-9;
15 (11) willfully violates federal or state law relating to the sale,
16 distribution, financing, or insuring of motor vehicles or
17 watercraft;
18 (12) is not compliant with local, state, or federal laws and
19 regulations regarding a dealer license, endorsement, or dealer
20 business;
21 (13) violates IC 9-32-9-15;
22 (14) violates IC 9-32-9-16; or
23 (15) violates IC 9-32-9-29.
24 (d) The secretary may revoke, suspend, or deny an application,
25 impose fines and costs, restrict, condition, limit, bar, or suspend a
26 dealer license, a dealer endorsement, or a license plate issued under
27 this article, or order restitution, or do any combination of these actions
28 before final determination of an administrative proceeding. Upon the
29 issuance of an order, the secretary shall promptly notify each person
30 subject to the order:
31 (1) that the order has been issued;
32 (2) the reasons for the action; and
33 (3) that upon receipt of a request in a record from the person, an
34 order setting a hearing date will be issued within fifteen (15) days.
35 If a hearing is not requested and no hearing is ordered by the secretary
36 within thirty (30) days after the date of service of the order, the order
37 becomes final by operation of law. If a hearing is requested or ordered,
38 the secretary, after notice of and opportunity for hearing to each person
39 subject to the order, may modify or vacate the order or extend the order
40 until final determination.
41 (e) After a hearing, the secretary may suspend or deny an
42 application, impose fines and costs, restrict, condition, limit, bar,
2025 IN 1382—LS 7090/DI 154 17
1 suspend, or revoke a license plate issued under this article, dealer
2 license or endorsement or order restitution, or do any combination of
3 these actions.
4 (f) Revocation or suspension of a license or endorsement of a dealer
5 may be limited to one (1) or more locations, to one (1) or more defined
6 areas, or only to certain aspects of the business.
7 (g) Except as provided in subsection (d), an order may not be issued
8 under this section without:
9 (1) appropriate notice to the applicant or registrant;
10 (2) an opportunity for a hearing; and
11 (3) reasons for the action.
12 (h) A person that controls, directly or indirectly, a person not in
13 compliance with this section may be disciplined by order of the
14 secretary under subsections (a) and (b) to the same extent as the
15 noncomplying person, unless the controlling person did not know, and
16 in the exercise of reasonable care could not have known, of the
17 existence of conduct that is a ground for discipline under this section.
18 (i) A person subject to this chapter that has not been issued a license
19 or endorsement is subject to the same disciplinary fines, costs, and
20 penalties as if a license had been issued.
21 (j) A person who has been barred under this section may not be
22 employed as a salesperson or act as an agent or contractor for a
23 dealer. A person that knowingly violates this subsection commits
24 a Class C misdemeanor.
25 SECTION 35. IC 9-32-16-16, AS AMENDED BY P.L.179-2017,
26 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 16. Except as part of a change in a dealer
28 business entity type, a dealer license or endorsement issued under this
29 article or by the bureau of motor vehicles under IC 9-23 (before its
30 repeal) may not be:
31 (1) loaned;
32 (2) leased;
33 (3) sold;
34 (4) transferred;
35 (5) copied;
36 (6) altered; or
37 (7) reproduced.
38 SECTION 36. IC 9-32.5 IS ADDED TO THE INDIANA CODE AS
39 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
40 2025]:
41 ARTICLE 32.5. TOWING SERVICES
42 Chapter 1. Application
2025 IN 1382—LS 7090/DI 154 18
1 Sec. 1. This article shall not be construed to limit the authority
2 of the bureau to administer this title.
3 Sec. 2. The transmission of electronic records under this article
4 is governed by IC 26-2-8-114.
5 Sec. 3. (a) This article applies to any person engaging in, or
6 offering to engage in, the business of providing towing service in
7 Indiana.
8 (b) This article does not apply to the towing of motor vehicles:
9 (1) into Indiana; or
10 (2) through Indiana;
11 if the towing originates in another state.
12 Sec. 4. This article does not apply to government agency towing.
13 Sec. 5. This article does not supersede or nullify a towing
14 company's or any other person's rights, duties, or obligations
15 under the following:
16 (1) IC 9-22-1.
17 (2) IC 9-22-6.
18 Sec. 6. (a) The secretary shall administer and enforce this
19 article.
20 (b) The secretary may delegate any or all of the rights, duties,
21 or obligations of the secretary under this article to:
22 (1) the director of the division; or
23 (2) another designee under the supervision and control of the
24 secretary.
25 The secretary or the secretary's designee has the authority to adopt
26 and enforce rules under IC 4-22-2.
27 (c) Except as otherwise set forth in this article, the provisions of:
28 (1) IC 9-32-3;
29 (2) IC 9-32-7;
30 (3) IC 9-32-13;
31 (4) IC 9-32-16; and
32 (5) IC 9-32-17;
33 apply to the enforcement and administration of this article.
34 Chapter 2. Definitions
35 Sec. 1. The definitions in this chapter apply throughout this
36 article.
37 Sec. 2. "Affiliate" has the meaning set forth in IC 23-1-43-1.
38 Sec. 3. (a) "Automobile club" means a person that, for
39 consideration, promises to assist its members or subscribers in
40 matters relating to:
41 (1) motor travel; or
42 (2) the operation, use, or maintenance of a motor vehicle;
2025 IN 1382—LS 7090/DI 154 19
1 by supplying services, which may include towing service,
2 emergency road service, or indemnification service.
3 (b) The term includes:
4 (1) a motor vehicle dealer; or
5 (2) an insurance company;
6 operating as an automobile club to provide any of the services
7 described in subsection (a).
8 Sec. 4. "Consensual towing agreement" means an agreement
9 between a towing company and a person or business to perform
10 towing services at the request of the owner, operator, or person
11 having legal custody of the vehicle that is agreed upon prior to the
12 vehicle being towed.
13 Sec. 5. "Division" has the meaning set forth in IC 9-32-2.1-16.
14 Sec. 6. "Emergency towing" means the towing of a motor
15 vehicle, with or without the owner's consent, because of:
16 (1) a motor vehicle accident on a public street, road, or
17 highway; or
18 (2) an incident:
19 (A) related to an emergency; and
20 (B) necessitating the removal of the motor vehicle from a
21 location for public safety reasons.
22 Sec. 7. "Flat bed service" means a type of towing service that
23 involves moving vehicles by loading them onto a flat bed platform.
24 Sec. 8. "Government agency towing" means the towing of a
25 government owned or government controlled vehicle by the
26 government agency that owns or controls the towed vehicle.
27 Sec. 9. (a) "Law enforcement towing" means the towing of a
28 motor vehicle for law enforcement purposes.
29 (b) The term includes towing for law enforcement purposes that
30 is performed by a towing company:
31 (1) under a contract with the state, a local unit, or a local law
32 enforcement agency of the state or local unit; or
33 (2) on behalf of the state, a local unit, or a local law
34 enforcement agency of the state or local unit.
35 (c) The term does not include seizure towing.
36 Sec. 10. "Local law enforcement agency" has the meaning set
37 forth in IC 9-26-9-2.
38 Sec. 11. "Motor vehicle" means any vehicle that:
39 (1) is manufactured primarily for use on public streets, roads,
40 and highways (not including a vehicle operated exclusively on
41 a rail or rails); and
42 (2) has at least four (4) wheels.
2025 IN 1382—LS 7090/DI 154 20
1 Sec. 12. (a) "Owner", with respect to a motor vehicle, means,
2 except as provided in subsection (b), the registered owner, as
3 determined by a search under IC 9-22-1-19.
4 (b) The term does not apply to IC 9-32.5-5. However, the term
5 does apply to IC 9-32.5-5-4.
6 Sec. 13. "Private property towing" means the towing of a motor
7 vehicle, without the owner's consent:
8 (1) from private property on which the motor vehicle was
9 illegally parked; or
10 (2) from private property because of an exigent circumstance
11 necessitating its removal;
12 to another location.
13 Sec. 14. "Secretary" has the meaning set forth in IC 9-32-2.1-37.
14 Sec. 15. "Seizure towing" means the towing of a motor vehicle
15 for law enforcement purposes involving:
16 (1) the maintenance of the chain of custody of evidence; or
17 (2) the forfeiture of assets.
18 Sec. 16. (a) "Storage facility" means any:
19 (1) lot;
20 (2) facility; or
21 (3) other property;
22 used to store motor vehicles that have been removed from another
23 location by a tow truck.
24 (b) The term includes a storage yard (as defined in
25 IC 9-22-1-3.5).
26 Sec. 17. "Taxpayer identification number" means:
27 (1) for an individual, the individual's Social Security number;
28 or
29 (2) for a business entity registered by the secretary of state
30 business services division, the business identification number
31 assigned to the business.
32 Sec. 18. "Tow truck" means a motor vehicle equipped to
33 provide any form of towing service, including recovery service or
34 flat bed service.
35 Sec. 19. "Tow truck operator" means an individual who
36 operates a tow truck as an employee or agent of a towing company.
37 Sec. 20. (a) "Towing company" means a service or business
38 that:
39 (1) tows or otherwise moves motor vehicles by means of a tow
40 truck; or
41 (2) owns or operates a storage lot.
42 (b) The term includes a tow truck operator acting on behalf of
2025 IN 1382—LS 7090/DI 154 21
1 a towing company when appropriate in the context.
2 Sec. 21. "Towing company manager" means an individual who
3 is responsible for and is in charge of the day to day operations,
4 including the management, direction, and control of the towing
5 company's operations.
6 Sec. 22. "Towing company owner" means the following:
7 (1) If a corporation, each officer, director, and shareholder
8 having ten percent (10%) or greater ownership interest in the
9 corporation.
10 (2) If a corporation and it has no officer, director, or
11 shareholder having a ten percent (10%) or greater ownership
12 interest in the corporation, one (1) or more officers, directors,
13 or shareholders designated in writing by the board of
14 directors.
15 (3) If a sole proprietorship, the proprietor.
16 (4) If a partnership, each partner.
17 (5) If a limited liability company, each member of the
18 company.
19 Chapter 3. Towing Companies
20 Sec. 1. (a) All towing companies operating as a:
21 (1) corporation;
22 (2) limited liability company;
23 (3) limited partnership; or
24 (4) limited liability partnership;
25 shall file and maintain all filings required to remain in good
26 standing with the secretary of state business services division.
27 (b) A towing company must, for the entire licensing period, have
28 an established place of business with a physical Indiana address.
29 (c) Except as provided in subsection (d), a towing company may
30 not have a mailing address that differs from the address described
31 in subsection (b).
32 (d) A towing company with an established place of business in:
33 (1) Indiana; and
34 (2) a location not serviced by the United States Postal Service;
35 may use a post office box as the towing company's mailing address.
36 (e) If a towing company meets the requirements under
37 subsection (d) to use a post office box as the towing company's
38 mailing address, the towing company must notify the division in
39 writing with the towing company's application.
40 Sec. 2. (a) Before the secretary may issue a license to a towing
41 company, the following must occur:
2025 IN 1382—LS 7090/DI 154 22
1 (1) The towing company must disclose to the secretary the
2 following:
3 (A) Each towing company owner.
4 (B) For a towing company owner that is a business entity,
5 the following:
6 (i) If a corporation, each officer, director, and
7 shareholder designated in writing by the board of
8 directors.
9 (ii) If a limited liability company, each member of the
10 company designated in writing by all members.
11 (iii) If a partnership, each partner.
12 (iv) If a sole proprietorship, the proprietor.
13 (2) The towing company must submit the application for a
14 license described in sections 3 and 4 of this chapter.
15 (b) If a towing company adds, removes, or changes a towing
16 company owner or towing company manager after issuance of the
17 initial license, the towing company must submit an application for
18 a change in towing company ownership in a manner prescribed by
19 the secretary not later than ten (10) days after the change.
20 (c) Following licensure under this article, a towing company
21 shall, not later than ninety (90) days after the entry of an order or
22 judgment, notify the division in writing if the towing company
23 owner or towing company manager has been convicted of a:
24 (1) felony within the past ten (10) years;
25 (2) felony or misdemeanor involving theft or fraud; or
26 (3) felony or misdemeanor involving the:
27 (A) offer;
28 (B) sale;
29 (C) financing;
30 (D) repair;
31 (E) modification; or
32 (F) manufacture;
33 of a motor vehicle or watercraft.
34 (d) The towing company, its owners, and if a business entity, the
35 corporation, company, or partnership that owns the towing
36 company, must be in good standing with:
37 (1) the bureau;
38 (2) the department of state revenue;
39 (3) the department of financial institutions; and
40 (4) the state police department;
41 during the entire period for which a license is valid.
2025 IN 1382—LS 7090/DI 154 23
1 Sec. 3. (a) A person applying for a towing company license must
2 submit an application in the form and manner prescribed by the
3 division and provide the following information:
4 (1) The towing company's taxpayer identification number.
5 (2) The following information for each owner of the towing
6 company:
7 (A) If the owner is an individual, the individual's:
8 (i) name;
9 (ii) date of birth;
10 (iii) home address;
11 (iv) telephone number; and
12 (v) drivers license number.
13 (B) If the owner is a business entity, the towing company
14 manager's:
15 (i) name;
16 (ii) home address;
17 (iii) date of birth;
18 (iv) telephone number; and
19 (v) taxpayer identification number.
20 (3) The telephone number and electronic mail address of the
21 primary place of business.
22 (4) The address, telephone number, and hours of operation of
23 any vehicle storage facility where towed vehicles will be towed
24 and stored.
25 (5) The vehicle identification numbers of all tow trucks
26 owned, operated, or otherwise controlled by the towing
27 company that are domiciled at the location for which the
28 license is being applied.
29 (6) For each individual employed or contracted by the towing
30 company as a tow truck operator:
31 (A) the individual's name;
32 (B) the individual's date of birth; and
33 (C) a photocopy of the individual's driver's license.
34 (b) The towing company must disclose, in a manner prescribed
35 by the secretary, whenever:
36 (1) a tow vehicle is added or removed from the towing
37 company's fleet;
38 (2) a person becomes employed or contracted by the
39 towing company as a tow truck operator; or
40 (3) a person is no longer employed or contracted by the
41 towing company as a tow truck operator;
2025 IN 1382—LS 7090/DI 154 24
1 within ten (10) days of the change during the time for which a
2 license issued under this article is valid.
3 Sec. 4. (a) An application submitted under this chapter must:
4 (1) include evidence of a bond required by subsection (d);
5 (2) include evidence of liability coverage required by
6 subsection (e);
7 (3) include the registered retail merchant's certificate issued
8 to the towing company under IC 6-2.5-8;
9 (4) except as provided in subsection (b), include an affidavit
10 from:
11 (A) the person charged with enforcing a zoning ordinance,
12 if one exists; or
13 (B) the zoning enforcement officer under IC 36-7-4;
14 who has jurisdiction over the real property where the
15 applicant intends to establish a vehicle storage facility. The
16 affidavit must state that the proposed location is zoned for the
17 operation of the towing company's establishment; and
18 (5) include payment of a fee of thirty dollars ($30).
19 (b) If there is no person under subsection (a)(4)(A) or (a)(4)(B),
20 the application must be accompanied by a statement to that effect
21 from the executive (as defined in IC 36-1-2-5) of the unit in which
22 the real property is located.
23 (c) The applicant may file the zoning affidavit under subsection
24 (a)(4) or statement under subsection (b) with the application at any
25 time after filing of the application. However, the secretary may not
26 issue a license until the applicant files the affidavit or the
27 statement.
28 (d) A licensee shall maintain a bond satisfactory to the secretary
29 in the amount of twenty-five thousand dollars ($25,000). The bond
30 must:
31 (1) be in favor of the state;
32 (2) secure payment of fines, penalties, costs, and fees assessed
33 by the secretary after:
34 (A) notice;
35 (B) opportunity for a hearing; and
36 (C) opportunity for judicial review; and
37 (3) secure payment of damages to a person aggrieved by a
38 violation of this article or IC 9-32 by the licensee after a
39 judgment has been issued.
40 (e) At the time of each license application and upon request of
41 the secretary, a person licensed under this article shall furnish
42 evidence that the person:
2025 IN 1382—LS 7090/DI 154 25
1 (1) has garage liability insurance of at least five hundred
2 thousand dollars ($500,000) covering the person's established
3 place of business;
4 (2) is a member of a risk retention group that is regulated by
5 the Indiana department of insurance; or
6 (3) has a liability insurance policy or garage liability policy
7 covering the person's established place of business with limits
8 of at least the following:
9 (A) One hundred thousand dollars ($100,000) for bodily
10 injury to one (1) person.
11 (B) Three hundred thousand dollars ($300,000) for bodily
12 injury for each accident.
13 (C) Fifty thousand dollars ($50,000) for property damage.
14 The minimum amounts required by this subsection must be
15 maintained during the time the license is valid.
16 (f) The fee collected under subsection (a)(5) shall be deposited
17 into the dealer compliance account established by IC 9-32-7-1.
18 Sec. 5. (a) A license issued to a towing company under this
19 article shall be conspicuously displayed at the established place of
20 business.
21 (b) If a towing company's:
22 (1) business name, including a doing business as name;
23 (2) established place of business address;
24 (3) business entity type; or
25 (4) contact information;
26 changes, the towing company shall submit to the secretary an
27 application for approval of the change not later than ten (10) days
28 after the change in a manner prescribed by the secretary.
29 (c) An application requesting a change to the address for the
30 towing company's established place of business must be
31 accompanied by an affidavit stating that the proposed location is
32 zoned for the operation of a towing company as described in
33 section 4(a)(4) of this chapter.
34 (d) If a towing company's license is lost or destroyed, the towing
35 company must apply for a replacement license in a manner
36 prescribed by the secretary.
37 Sec. 6. (a) A license issued under this article shall expire
38 annually based on the schedule set forth at IC 9-32-11-12.5.
39 (b) The fee to renew a license issued under this article is thirty
40 dollars ($30). The fee shall be distributed in the same manner as
41 other fees as set forth in IC 9-32-7-3.
2025 IN 1382—LS 7090/DI 154 26
1 (c) A person who violates this section by operating on an expired
2 license issued under this chapter commits a Class A infraction.
3 (d) In the event of a natural disaster or other emergency that
4 prevents the secretary from processing an application for license
5 renewal, the secretary may issue an order extending license
6 expiration dates for not more than twelve (12) additional months.
7 Sec. 7. (a) A towing company shall identify a tow truck utilized
8 by the towing company by painting or permanently affixing:
9 (1) the name of the business; and
10 (2) the name of the city where the tow truck is domiciled;
11 on both of the tow truck's doors in a form that may easily be read
12 by a law enforcement officer.
13 (b) A person who engages in the business of towing disabled
14 motor vehicles without complying with subsection (a) commits a
15 Class C infraction.
16 Chapter 4. Emergency Towing
17 Sec. 1. This chapter applies to a towing company that engages
18 in, or offers to engage in, emergency towing.
19 Sec. 2. (a) Except as provided in subsection (b), a towing
20 company shall not stop, or cause a person to stop, at the scene of an
21 accident or near a disabled motor vehicle:
22 (1) if there is an injury as the result of an accident; or
23 (2) for the purpose of:
24 (A) soliciting an engagement for emergency towing
25 services;
26 (B) moving a motor vehicle from a public street, road, or
27 highway; or
28 (C) accruing charges in connection with an activity
29 described in clause (A) or (B).
30 (b) A towing company may stop, or cause a person to stop, at the
31 scene of an accident or near a disabled motor vehicle under the
32 circumstances or for any of the purposes described in subsection
33 (a) if:
34 (1) the towing company is requested to stop or to perform a
35 towing service by a law enforcement officer or by authorized
36 state, county, or municipal personnel;
37 (2) the towing company is summoned to the scene or
38 requested to stop by the owner or operator of a disabled
39 vehicle;
40 (3) the owner of a disabled motor vehicle has previously
41 provided consent to the towing company to stop or perform
42 a towing service; or
2025 IN 1382—LS 7090/DI 154 27
1 (4) the towing company has a reasonable belief that a motorist
2 is in need of immediate aid.
3 However, a towing company may not offer towing services under
4 subdivision (4) unless one (1) of the conditions described in
5 subdivisions (1) through (3) are also met.
6 Sec. 3. (a) Except as provided in subsections (b) and (c), the
7 owner or operator of a disabled motor vehicle may, in consultation
8 with law enforcement or with authorized state, county, or
9 municipal personnel (if appropriate):
10 (1) summon to the disabled motor vehicle's location the
11 towing company of the owner's or operator's choice, either
12 directly or through an insurance company's or an automobile
13 club's emergency service arrangement; and
14 (2) designate the location to which the disabled motor vehicle
15 is to be towed.
16 However, if the location designated by the owner or operator is not
17 a storage facility owned or operated by the towing company, the
18 owner or operator must make arrangements for payment to the
19 towing company prior to the tow truck leaving the scene. The fee
20 charged by the towing company may not be more than normally
21 charged by the towing company for the service provided.
22 (b) Subsection (a) does not apply:
23 (1) in any case in which the owner or operator of a disabled
24 motor vehicle:
25 (A) is incapacitated or otherwise unable to summon a
26 towing company; or
27 (B) defers to law enforcement or to authorized state,
28 county, or municipal personnel as to:
29 (i) the towing company to be summoned; or
30 (ii) the location to which the disabled motor vehicle is to
31 be towed; or
32 (2) in the event of a declared emergency.
33 (c) The authority of an owner or operator of a disabled vehicle
34 to summon the towing company of the owner's or operator's choice
35 under subsection (a) shall be superseded by a law enforcement
36 officer or by authorized state, county, or municipal personnel if the
37 towing company of choice of the owner or operator:
38 (1) is unable to respond to the location of the disabled motor
39 vehicle in a timely fashion; and
40 (2) the disabled motor vehicle:
41 (A) is a hazard;
42 (B) impedes the flow of traffic; or
2025 IN 1382—LS 7090/DI 154 28
1 (C) may not legally remain in its location;
2 in the opinion of the law enforcement officer or authorized
3 state, county, or municipal personnel.
4 Sec. 4. If a disabled motor vehicle:
5 (1) is causing; or
6 (2) poses;
7 a safety hazard to any of the parties at the scene of the disabled
8 motor vehicle, the disabled motor vehicle may be moved by a
9 towing company to a safe location after being released by a law
10 enforcement officer or by authorized state, county, or municipal
11 personnel for that purpose.
12 Sec. 5. (a) If a towing company is summoned for emergency
13 towing by the owner or operator of a disabled motor vehicle, the
14 towing company shall make a record of the following, to the extent
15 available:
16 (1) The:
17 (A) first and last name; and
18 (B) telephone number;
19 of the person that summoned the towing company to the
20 scene.
21 (2) The make, model, year, vehicle identification number, and
22 license plate number of the disabled motor vehicle.
23 (b) If a towing company is summoned for emergency towing by
24 a law enforcement officer or by authorized state, county, or
25 municipal personnel, the towing company shall make a record of
26 the following, to the extent available:
27 (1) The identity of:
28 (A) the local law enforcement agency; or
29 (B) the authorized state, county, or municipal agency;
30 requesting the emergency towing.
31 (2) The make, model, year, vehicle identification number, and
32 license plate number of the disabled motor vehicle.
33 (c) A towing company:
34 (1) shall:
35 (A) maintain a record created under subsection (a) or (b);
36 and
37 (B) provide a record created under subsection (a) or (b) to
38 a local law enforcement agency upon request;
39 from the time the towing company appears at the scene of the
40 disabled motor vehicle until the time the motor vehicle is
41 towed and released to an authorized party; and
42 (2) shall:
2025 IN 1382—LS 7090/DI 154 29
1 (A) retain a record created under subsection (a) or (b) for
2 a period of two (2) years from the date the disabled vehicle
3 was towed from the scene; and
4 (B) throughout the two (2) year period described in clause
5 (A), make the record available for inspection and copying,
6 not later than two (2) business days after receiving a
7 written request for inspection from:
8 (i) a local law enforcement agency;
9 (ii) the attorney general;
10 (iii) the disabled motor vehicle's owner;
11 (iv) an authorized agent of the disabled motor vehicle's
12 owner; or
13 (v) the division.
14 Sec. 6. A towing company that performs emergency towing
15 under this chapter shall do the following:
16 (1) Properly secure all towed motor vehicles.
17 (2) Take all reasonable efforts to prevent:
18 (A) further damage (including weather damage) to; or
19 (B) the theft of;
20 all towed motor vehicles, including a towed motor vehicle's
21 cargo and contents.
22 Chapter 5. Commercial Private Property Towing
23 Sec. 1. (a) This chapter applies to a towing company that
24 engages in, or offers to engage in, commercial private property
25 towing.
26 (b) This chapter does not apply to the towing of a motor vehicle
27 from a tow-away zone that is not located on commercial private
28 property.
29 Sec. 2. (a) Except as provided in subsections (b) and (c), the
30 owner of a commercial private property may establish a tow-away
31 zone on the owner's property. A commercial private property
32 owner that establishes a tow-away zone under this section must
33 post a tow-away zone sign at the location of the tow-away zone that
34 is conspicuous and clearly visible to the public. A tow-away zone
35 sign described under this section shall provide the following
36 information:
37 (1) A statement that the area in the immediate vicinity of the
38 sign is a tow-away zone.
39 (2) Pertinent contact information.
40 (3) A description of any person permitted to park in the
41 affected area, if applicable.
2025 IN 1382—LS 7090/DI 154 30
1 (b) A commercial private property owner may have a motor
2 vehicle towed from the owner's commercial private property
3 without first displaying signage concerning the tow-away zone if
4 the motor vehicle is removed under IC 9-22-1-16.
5 (c) A unit (as defined in IC 36-1-2-23) may adopt an ordinance
6 that provides for different requirements than those provided in this
7 section.
8 Sec. 3. A towing company that tows a motor vehicle under this
9 chapter shall ensure that the motor vehicle is towed:
10 (1) to a storage facility within forty (40) miles of the location
11 of the tow-away zone from which the motor vehicle was
12 removed; or
13 (2) if there is no storage facility within forty (40) miles of the
14 location of the tow-away zone, to the storage facility nearest
15 to the tow-away zone that has been approved by the
16 commercial private property owner from where the motor
17 vehicle was towed.
18 Sec. 4. If the owner (as defined in IC 9-32.5-2-12) or operator of
19 a motor vehicle that is parked in violation of a tow-away zone
20 arrives at the location of the tow-away zone while the motor vehicle
21 is in the process of being towed, the towing company shall give the
22 owner or operator either oral or written notification that the
23 owner or operator may pay a fee in an amount that is not greater
24 than half of the amount of the fee the towing company normally
25 charges for the release of a motor vehicle. Upon the owner's or
26 operator's payment of the amount specified, the towing company
27 shall:
28 (1) release the motor vehicle to the owner or operator; and
29 (2) give the owner or operator a receipt showing:
30 (A) the full amount of the fee the towing company
31 normally charges for the release of a motor vehicle; and
32 (B) the amount of the fee paid by the owner or operator.
33 Sec. 5. If required by the local law enforcement agency, not later
34 than two (2) hours after completing a tow of a motor vehicle from
35 a commercial private property described under this chapter, a
36 towing company shall provide notice of the private property
37 towing to the local law enforcement agency having jurisdiction in
38 the location of the commercial private property.
39 Sec. 6. A towing company that performs commercial private
40 property towing under this chapter shall do the following:
41 (1) Properly secure all towed motor vehicles.
42 (2) Take all reasonable efforts to prevent:
2025 IN 1382—LS 7090/DI 154 31
1 (A) further damage (including weather damage) to; or
2 (B) the theft of;
3 all towed motor vehicles, including a towed motor vehicle's
4 cargo and contents.
5 Sec. 7. This chapter does not affect a private property owner's
6 rights under IC 9-22-1 with respect to abandoned vehicles on the
7 private property owner's property.
8 Chapter 6. Invoices for Towing Services
9 Sec. 1. (a) An itemized invoice of actual towing charges assessed
10 by a towing company shall be made available to the owner of the
11 motor vehicle or the owner's agent not later than one (1) business
12 day after:
13 (1) the tow is completed; or
14 (2) the towing company has obtained all necessary
15 information to be included on the invoice, including any
16 charges submitted by subcontractors used by the towing
17 company to complete the tow and recovery.
18 (b) The itemized invoice required by this section must contain
19 the following information:
20 (1) The location from which the motor vehicle was towed.
21 (2) The location to which the motor vehicle was towed.
22 (3) The name, address, and telephone number of the towing
23 company.
24 (4) A description of the towed motor vehicle, including the:
25 (A) make;
26 (B) model;
27 (C) year; and
28 (D) vehicle identification number;
29 of the motor vehicle.
30 (5) The license plate number and state of registration for the
31 towed motor vehicle.
32 (6) The cost of the original towing service.
33 (7) The cost of any vehicle storage fees, expressed as a daily
34 rate.
35 (8) Other fees, including documentation fees and motor
36 vehicle search fees.
37 (9) The costs for services that were performed under a
38 warranty or that were otherwise performed at no cost to the
39 owner of the motor vehicle.
40 (c) Any service or fee in addition to the services or fees
41 described in subsection (b)(6), (b)(7), or (b)(8) must be set forth
42 individually as a single line item on the invoice required by this
2025 IN 1382—LS 7090/DI 154 32
1 section, with an explanation and the exact charge for the service or
2 the exact amount of the fee.
3 (d) A copy of each invoice and receipt submitted by a tow truck
4 operator in accordance with this section shall:
5 (1) be retained by the towing company for a period of two (2)
6 years from the date of issuance; and
7 (2) throughout the two (2) year period described in
8 subdivision (1), be made available for inspection and copying
9 not later than forty-eight (48) hours after receiving a written
10 request for inspection from:
11 (A) a law enforcement agency;
12 (B) the attorney general;
13 (C) the prosecuting attorney or city attorney having
14 jurisdiction in the location of any of the towing company's
15 Indiana business locations;
16 (D) the disabled motor vehicle's owner;
17 (E) the agent of the disabled motor vehicle's owner; or
18 (F) the division.
19 Chapter 7. Notice Requirements
20 Sec. 1. Not later than three (3) business days after a completed
21 tow, the towing company or storage facility responsible for a towed
22 vehicle must:
23 (1) search:
24 (A) the National Motor Vehicle Title Information System
25 data base (as described under 49 U.S.C. 30502); or
26 (B) an equivalent and commonly available data base; and
27 (2) comply with:
28 (A) IC 9-22-1-19; or
29 (B) IC 9-22-1-21;
30 as applicable.
31 Chapter 8. Releasing Towed Motor Vehicles
32 Sec. 1. This chapter applies to the following:
33 (1) A towing company that tows and stores a motor vehicle
34 under this article.
35 (2) A storage facility that stores a motor vehicle that is towed
36 by a towing company under this article, regardless of whether
37 the towing company and the storage facility are affiliates.
38 Sec. 2. (a) Upon payment of all costs relating to a tow, the
39 storage of a motor vehicle, and all allowable fees, as applicable, the
40 towing company or storage facility shall release the motor vehicle
41 to a properly identified person that owns or holds a lien on the
42 motor vehicle. Each release performed under this subsection shall
2025 IN 1382—LS 7090/DI 154 33
1 comply with the procedures and be subject to the same
2 requirements set forth in IC 9-22-1-8 with respect to abandoned
3 motor vehicles.
4 (b) The owner, lienholder, or insurance company representative
5 responsible for releasing a motor vehicle under this section shall
6 have the right to inspect the motor vehicle during normal business
7 hours before accepting the release of the motor vehicle.
8 (c) A towing company or storage facility shall accept the
9 following forms of payment:
10 (1) Cash.
11 (2) Certified check.
12 (3) Insurance check.
13 (4) Money order.
14 A towing service or storage facility may elect to accept payment by
15 means of a credit card or debit card.
16 (d) A towing company or storage facility, upon receiving
17 payment for all costs and fees assessed against a motor vehicle,
18 shall provide an itemized receipt that includes the information
19 described under IC 9-32.5-6 if the information is available.
20 (e) A towing company or storage facility shall comply with
21 IC 9-22-1-8.
22 Chapter 9. Fees and Records
23 Sec. 1. (a) A towing company or storage facility shall charge a
24 fee for towing, clean-up services, or storage of a motor vehicle that
25 shall not exceed:
26 (1) for towing services, one hundred fifty dollars ($150);
27 (2) for storage fees:
28 (A) thirty dollars ($30) for each twenty-four (24) hour
29 period; provided, however, that a storage fee may not
30 begin to accrue until twenty-four (24) hours have passed
31 since the vehicle arrived at the vehicle storage facility, not
32 to exceed a total of two thousand dollars ($2,000); or
33 (B) forty-five dollars ($45) per day for a vehicle with a
34 length of at least thirty (30) feet, not to exceed a total of
35 twenty-five hundred dollars ($2,500);
36 (3) for after hours retrieval, one hundred dollars ($100); and
37 (4) for an administrative fee, twenty-five dollars ($25).
38 (b) If the towing company accepts a payment by credit or debit
39 card, the towing company may assess the fee paid by the towing
40 company to the card processor for processing the transaction.
41 (c) The fee limitations provided in subsection (a) do not:
2025 IN 1382—LS 7090/DI 154 34
1 (1) restrict a tow company from assessing fees for other
2 services that may be requested by the vehicle's owner; or
3 (2) apply to a towed vehicle having a gross vehicle weight of
4 thirteen thousand (13,000) pounds or greater.
5 (d) If it is determined that a vehicle is towed in violation of this
6 article, towing and storage fees which have been paid may be
7 recovered by the vehicle's owner.
8 (e) Liability for damage to a towed vehicle is not limited by the
9 provisions of this article.
10 Sec. 2. All services provided by a towing company or storage
11 facility, including any warranty service or zero (0) cost service,
12 shall be recorded on an invoice. The towing company or storage
13 facility shall:
14 (1) maintain the invoice described in this section for a period
15 of not less than two (2) years from the date of issuance; and
16 (2) throughout the two (2) year period described in
17 subdivision (1), make the invoice available for inspection and
18 copying not later than forty-eight (48) hours after receiving a
19 written request for inspection from:
20 (A) a law enforcement agency;
21 (B) the attorney general;
22 (C) the prosecuting attorney or city attorney having
23 jurisdiction in the location of any of the towing company's
24 Indiana business locations;
25 (D) the disabled motor vehicle's owner;
26 (E) the agent of the disabled motor vehicle's owner; or
27 (F) the division.
28 Sec. 3. Upon demand, a towing company or storage facility shall
29 furnish a copy of the invoice described in IC 9-32.5-6 to a local law
30 enforcement agency, the office of the attorney general, or the
31 division.
32 Chapter 10. Prohibited Acts
33 Sec. 1. A towing company shall not do any of the following:
34 (1) Falsely represent, either expressly or by implication, that
35 the towing company represents or is approved by any
36 organization that provides emergency road service for
37 disabled motor vehicles.
38 (2) Require the owner or operator of a disabled motor vehicle
39 to preauthorize:
40 (A) repair work; or
41 (B) more than twenty-four (24) hours of storage;
2025 IN 1382—LS 7090/DI 154 35
1 as a condition for providing towing service for the disabled
2 motor vehicle.
3 (3) Charge more than one (1) towing fee when the owner or
4 operator of a disabled motor vehicle requests that the disabled
5 motor vehicle be towed to a repair facility owned or operated
6 by the towing company.
7 (4) Tow a motor vehicle to a repair facility unless:
8 (A) either:
9 (i) the owner of the motor vehicle; or
10 (ii) the owner's designated representative;
11 gives consent for the motor vehicle to be towed to the
12 repair facility; and
13 (B) the consent described in clause (A) is given before the
14 motor vehicle is removed from the location from which it
15 is to be towed.
16 The prohibition set forth in this subdivision does not apply in
17 any case in which a towing company tows a motor vehicle to
18 a storage facility that includes a repair facility on the same
19 site.
20 Sec. 2. A towing company or a storage facility shall not do any
21 of the following:
22 (1) Upon payment of all costs relating to a tow, motor vehicle
23 storage, and all allowable fees, as applicable, refuse to release
24 the motor vehicle during regular office hours to a properly
25 identified person who owns or holds a lien on the motor
26 vehicle in accordance with the procedures and subject to the
27 same requirements set forth in IC 9-22-1-8 with respect to
28 abandoned motor vehicles. However, a towing company or
29 storage facility shall not release a motor vehicle in any case in
30 which a local law enforcement agency has ordered the motor
31 vehicle not to be released, or in any case in which the motor
32 vehicle cannot be released because of pending litigation.
33 (2) Refuse to permit:
34 (A) a properly identified person who owns or holds a lien
35 on a motor vehicle; or
36 (B) a representative of the insurance company that insures
37 the motor vehicle, if the vehicle is covered by an active
38 policy of insurance;
39 to inspect the motor vehicle during regular office hours before
40 all costs incurred against the motor vehicle are paid or the
41 motor vehicle is released. An inspection fee may not be
2025 IN 1382—LS 7090/DI 154 36
1 charged for an inspection that occurs during regular office
2 hours.
3 (3) Charge any storage fee for a stored motor vehicle with
4 respect to any day on which:
5 (A) release of the motor vehicle; or
6 (B) inspection of the motor vehicle by the owner,
7 lienholder, or insurance company;
8 is not permitted during regular office hours by the towing
9 company or storage facility.
10 Chapter 11. Violations
11 Sec. 1. (a) The division:
12 (1) shall receive; and
13 (2) may investigate;
14 complaints alleging violations of this article.
15 (b) After finding, either upon a complaint made or upon the
16 division's own investigation, that a violation of this article has
17 occurred, the division may take any action described by
18 IC 9-32-16-2.
19 (c) In connection with the administration and enforcement of
20 this article, the attorney general shall render all necessary
21 assistance to the division upon the request of the division. The
22 attorney general shall employ legal and other professional services
23 to adequately and fully aid the division in administering and
24 enforcing this article under the direction of the division.
25 (d) Expenses incurred by the attorney general for the purposes
26 stated in subsection (c) are chargeable against and shall be paid out
27 of funds appropriated to the attorney general for the
28 administration of the office of the attorney general. The attorney
29 general may authorize the division to represent the division in any
30 proceeding involving enforcement or defense of this article.
31 Sec. 2. (a) Notwithstanding any enforcement action taken by the
32 division stemming from a violation of this article, a person who
33 violates this article commits a deceptive act that is:
34 (1) actionable under IC 24-5-0.5; and
35 (2) subject to the remedies and penalties set forth in
36 IC 24-5-0.5.
37 SECTION 37. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
38 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 3. (a) A supplier may not commit an unfair,
40 abusive, or deceptive act, omission, or practice in connection with a
41 consumer transaction. Such an act, omission, or practice by a supplier
42 is a violation of this chapter whether it occurs before, during, or after
2025 IN 1382—LS 7090/DI 154 37
1 the transaction. An act, omission, or practice prohibited by this section
2 includes both implicit and explicit misrepresentations.
3 (b) Without limiting the scope of subsection (a), the following acts,
4 and the following representations as to the subject matter of a
5 consumer transaction, made orally, in writing, or by electronic
6 communication, by a supplier, are deceptive acts:
7 (1) That such subject of a consumer transaction has sponsorship,
8 approval, performance, characteristics, accessories, uses, or
9 benefits it does not have which the supplier knows or should
10 reasonably know it does not have.
11 (2) That such subject of a consumer transaction is of a particular
12 standard, quality, grade, style, or model, if it is not and if the
13 supplier knows or should reasonably know that it is not.
14 (3) That such subject of a consumer transaction is new or unused,
15 if it is not and if the supplier knows or should reasonably know
16 that it is not.
17 (4) That such subject of a consumer transaction will be supplied
18 to the public in greater quantity than the supplier intends or
19 reasonably expects.
20 (5) That replacement or repair constituting the subject of a
21 consumer transaction is needed, if it is not and if the supplier
22 knows or should reasonably know that it is not.
23 (6) That a specific price advantage exists as to such subject of a
24 consumer transaction, if it does not and if the supplier knows or
25 should reasonably know that it does not.
26 (7) That the supplier has a sponsorship, approval, or affiliation in
27 such consumer transaction the supplier does not have, and which
28 the supplier knows or should reasonably know that the supplier
29 does not have.
30 (8) That such consumer transaction involves or does not involve
31 a warranty, a disclaimer of warranties, or other rights, remedies,
32 or obligations, if the representation is false and if the supplier
33 knows or should reasonably know that the representation is false.
34 (9) That the consumer will receive a rebate, discount, or other
35 benefit as an inducement for entering into a sale or lease in return
36 for giving the supplier the names of prospective consumers or
37 otherwise helping the supplier to enter into other consumer
38 transactions, if earning the benefit, rebate, or discount is
39 contingent upon the occurrence of an event subsequent to the time
40 the consumer agrees to the purchase or lease.
41 (10) That the supplier is able to deliver or complete the subject of
42 the consumer transaction within a stated period of time, when the
2025 IN 1382—LS 7090/DI 154 38
1 supplier knows or should reasonably know the supplier could not.
2 If no time period has been stated by the supplier, there is a
3 presumption that the supplier has represented that the supplier
4 will deliver or complete the subject of the consumer transaction
5 within a reasonable time, according to the course of dealing or the
6 usage of the trade.
7 (11) That the consumer will be able to purchase the subject of the
8 consumer transaction as advertised by the supplier, if the supplier
9 does not intend to sell it.
10 (12) That the replacement or repair constituting the subject of a
11 consumer transaction can be made by the supplier for the estimate
12 the supplier gives a customer for the replacement or repair, if the
13 specified work is completed and:
14 (A) the cost exceeds the estimate by an amount equal to or
15 greater than ten percent (10%) of the estimate;
16 (B) the supplier did not obtain written permission from the
17 customer to authorize the supplier to complete the work even
18 if the cost would exceed the amounts specified in clause (A);
19 (C) the total cost for services and parts for a single transaction
20 is more than seven hundred fifty dollars ($750); and
21 (D) the supplier knew or reasonably should have known that
22 the cost would exceed the estimate in the amounts specified in
23 clause (A).
24 (13) That the replacement or repair constituting the subject of a
25 consumer transaction is needed, and that the supplier disposes of
26 the part repaired or replaced earlier than seventy-two (72) hours
27 after both:
28 (A) the customer has been notified that the work has been
29 completed; and
30 (B) the part repaired or replaced has been made available for
31 examination upon the request of the customer.
32 (14) Engaging in the replacement or repair of the subject of a
33 consumer transaction if the consumer has not authorized the
34 replacement or repair, and if the supplier knows or should
35 reasonably know that it is not authorized.
36 (15) The act of misrepresenting the geographic location of the
37 supplier by listing an alternate business name or an assumed
38 business name (as described in IC 23-0.5-3-4) in a local telephone
39 directory if:
40 (A) the name misrepresents the supplier's geographic location;
41 (B) the listing fails to identify the locality and state of the
42 supplier's business;
2025 IN 1382—LS 7090/DI 154 39
1 (C) calls to the local telephone number are routinely forwarded
2 or otherwise transferred to a supplier's business location that
3 is outside the calling area covered by the local telephone
4 directory; and
5 (D) the supplier's business location is located in a county that
6 is not contiguous to a county in the calling area covered by the
7 local telephone directory.
8 (16) The act of listing an alternate business name or assumed
9 business name (as described in IC 23-0.5-3-4) in a directory
10 assistance data base if:
11 (A) the name misrepresents the supplier's geographic location;
12 (B) calls to the local telephone number are routinely forwarded
13 or otherwise transferred to a supplier's business location that
14 is outside the local calling area; and
15 (C) the supplier's business location is located in a county that
16 is not contiguous to a county in the local calling area.
17 (17) The violation by a supplier of IC 24-3-4 concerning
18 cigarettes for import or export.
19 (18) The act of a supplier in knowingly selling or reselling a
20 product to a consumer if the product has been recalled, whether
21 by the order of a court or a regulatory body, or voluntarily by the
22 manufacturer, distributor, or retailer, unless the product has been
23 repaired or modified to correct the defect that was the subject of
24 the recall.
25 (19) The violation by a supplier of 47 U.S.C. 227, including any
26 rules or regulations issued under 47 U.S.C. 227.
27 (20) The violation by a supplier of the federal Fair Debt
28 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
29 rules or regulations issued under the federal Fair Debt Collection
30 Practices Act (15 U.S.C. 1692 et seq.).
31 (21) A violation of IC 24-5-7 (concerning health spa services), as
32 set forth in IC 24-5-7-17.
33 (22) A violation of IC 24-5-8 (concerning business opportunity
34 transactions), as set forth in IC 24-5-8-20.
35 (23) A violation of IC 24-5-10 (concerning home consumer
36 transactions), as set forth in IC 24-5-10-18.
37 (24) A violation of IC 24-5-11 (concerning real property
38 improvement contracts), as set forth in IC 24-5-11-14.
39 (25) A violation of IC 24-5-12 (concerning telephone
40 solicitations), as set forth in IC 24-5-12-23.
41 (26) A violation of IC 24-5-13.5 (concerning buyback motor
42 vehicles), as set forth in IC 24-5-13.5-14.
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1 (27) A violation of IC 24-5-14 (concerning automatic
2 dialing-announcing devices), as set forth in IC 24-5-14-13.
3 (28) A violation of IC 24-5-15 (concerning credit services
4 organizations), as set forth in IC 24-5-15-11.
5 (29) A violation of IC 24-5-16 (concerning unlawful motor
6 vehicle subleasing), as set forth in IC 24-5-16-18.
7 (30) A violation of IC 24-5-17 (concerning environmental
8 marketing claims), as set forth in IC 24-5-17-14.
9 (31) A violation of IC 24-5-19 (concerning deceptive commercial
10 solicitation), as set forth in IC 24-5-19-11.
11 (32) A violation of IC 24-5-21 (concerning prescription drug
12 discount cards), as set forth in IC 24-5-21-7.
13 (33) A violation of IC 24-5-23.5-7 (concerning real estate
14 appraisals), as set forth in IC 24-5-23.5-9.
15 (34) A violation of IC 24-5-26 (concerning identity theft), as set
16 forth in IC 24-5-26-3.
17 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
18 as set forth in IC 24-5.5-6-1.
19 (36) A violation of IC 24-8 (concerning promotional gifts and
20 contests), as set forth in IC 24-8-6-3.
21 (37) A violation of IC 21-18.5-6 (concerning representations
22 made by a postsecondary credit bearing proprietary educational
23 institution), as set forth in IC 21-18.5-6-22.5.
24 (38) A violation of IC 24-5-15.5 (concerning collection actions of
25 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
26 (39) A violation of IC 24-14 IC 9-32.5 (concerning towing
27 services), as set forth in IC 24-14-10-1. IC 9-32.5-11-2.
28 (40) A violation of IC 24-5-14.5 (concerning misleading or
29 inaccurate caller identification information), as set forth in
30 IC 24-5-14.5-12.
31 (41) A violation of IC 24-5-27 (concerning intrastate inmate
32 calling services), as set forth in IC 24-5-27-27.
33 (42) A violation of IC 15-21 (concerning sales of dogs by retail
34 pet stores), as set forth in IC 15-21-7-4.
35 (43) A violation of IC 24-4-23 (concerning the security of
36 information collected and transmitted by an adult oriented website
37 operator), as set forth in IC 24-4-23-14.
38 (c) Any representations on or within a product or its packaging or
39 in advertising or promotional materials which would constitute a
40 deceptive act shall be the deceptive act both of the supplier who places
41 such representation thereon or therein, or who authored such materials,
42 and such other suppliers who shall state orally or in writing that such
2025 IN 1382—LS 7090/DI 154 41
1 representation is true if such other supplier shall know or have reason
2 to know that such representation was false.
3 (d) If a supplier shows by a preponderance of the evidence that an
4 act resulted from a bona fide error notwithstanding the maintenance of
5 procedures reasonably adopted to avoid the error, such act shall not be
6 deceptive within the meaning of this chapter.
7 (e) It shall be a defense to any action brought under this chapter that
8 the representation constituting an alleged deceptive act was one made
9 in good faith by the supplier without knowledge of its falsity and in
10 reliance upon the oral or written representations of the manufacturer,
11 the person from whom the supplier acquired the product, any testing
12 organization, or any other person provided that the source thereof is
13 disclosed to the consumer.
14 (f) For purposes of subsection (b)(12), a supplier that provides
15 estimates before performing repair or replacement work for a customer
16 shall give the customer a written estimate itemizing as closely as
17 possible the price for labor and parts necessary for the specific job
18 before commencing the work.
19 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
20 company or other provider of a telephone directory or directory
21 assistance service or its officer or agent is immune from liability for
22 publishing the listing of an alternate business name or assumed
23 business name of a supplier in its directory or directory assistance data
24 base unless the telephone company or other provider of a telephone
25 directory or directory assistance service is the same person as the
26 supplier who has committed the deceptive act.
27 (h) For purposes of subsection (b)(18), it is an affirmative defense
28 to any action brought under this chapter that the product has been
29 altered by a person other than the defendant to render the product
30 completely incapable of serving its original purpose.
31 SECTION 38. IC 24-14 IS REPEALED [EFFECTIVE JULY 1,
32 2025]. (Towing Services).
33 SECTION 39. IC 35-52-9.1-70 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 70. IC 9-32-13-30.2 defines a
36 crime concerning the buying, selling, or trading of motor vehicles
37 on a Sunday.
38 SECTION 40. IC 35-52-9.1-71 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 71. IC 9-32-16-2 defines a crime
41 concerning persons who are barred.
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