*EH1382.2*
Reprinted
March 18, 2025
ENGROSSED
HOUSE BILL No. 1382
_____
DIGEST OF HB 1382 (Updated March 17, 2025 2:44 pm - DI 154)
Citations Affected: IC 9-32; IC 35-52.
Synopsis: Dealer services division. Provides that certain 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 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. Makes conforming changes.
Effective: July 1, 2025.
Heine, Pressel, Harris
(SENATE SPONSORS — DORIOT, CRIDER)
January 13, 2025, read first time and referred to Committee on Roads and Transportation.
February 3, 2025, amended, reported — Do Pass.
February 10, 2025, read second time, amended, ordered engrossed.
February 11, 2025, engrossed. Read third time, passed. Yeas 90, nays 0.
SENATE ACTION
February 20, 2025, read first time and referred to Committee on Homeland Security and
Transportation.
March 11, 2025, reported favorably — Do Pass.
March 17, 2025, read second time, amended, ordered engrossed.
EH 1382—LS 7090/DI 154 Reprinted
March 18, 2025
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.
ENGROSSED
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 9-32-2.1-11, AS ADDED BY P.L.104-2024,
2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 11. "Dealer manager" means an individual who
4 works at the established place of business of a dealer and who is
5 responsible for and is in charge of the day to day operations, including
6 the management, direction, and control of the dealership.
7 SECTION 2. IC 9-32-8.5-0.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. For purposes of this chapter,
10 a manufactured home community may include an entity associated
11 with the person to which the Indiana department of health issues
12 a mobile home park license under IC 16-41-27.
13 SECTION 3. IC 9-32-11-2, AS AMENDED BY P.L.116-2024,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 2. (a) An application for a license under this
16 article must:
EH 1382—LS 7090/DI 154 2
1 (1) be accompanied by payment of the applicable fee required
2 under this section;
3 (2) be on a form prescribed by the secretary;
4 (3) contain the information the secretary considers necessary to
5 enable the secretary to determine fully:
6 (A) the qualifications and eligibility of the applicant to receive
7 the license; and
8 (B) the ability of the applicant to conduct properly the business
9 for which the application is submitted;
10 (4) contain evidence of a bond required in subsection (e);
11 (5) contain evidence of liability coverage required by section 14
12 of this chapter;
13 (6) contain the federal tax identification number issued to the
14 dealer; and
15 (7) contain the registered retail merchant's certificate issued to the
16 dealer under IC 6-2.5-8.
17 (b) An application for a license as a dealer must show whether the
18 applicant proposes to sell new or used motor vehicles, or both.
19 (c) An applicant who proposes to use the Internet or another
20 computer network to facilitate the sale of motor vehicles shall maintain
21 all records at the established place of business in Indiana.
22 (d) This subsection does not apply to a distributor or
23 manufacturer not located in Indiana. Except as provided in
24 subsection (e), the application must include an affidavit from:
25 (1) the person charged with enforcing a zoning ordinance, if one
26 exists; or
27 (2) the zoning enforcement officer under IC 36-7-4;
28 who has jurisdiction over the real property where the applicant wants
29 to operate as a dealer. The affidavit must state that the proposed
30 location is zoned for the operation of a dealer's establishment.
31 (e) If there is no person or officer under subsection (d)(1) or (d)(2),
32 the application must be accompanied by a statement to that effect from
33 the executive (as defined in IC 36-1-2-5) of the unit in which the real
34 property is located.
35 (f) The applicant may file the zoning affidavit under subsection (d)
36 or statement under subsection (e) with the application at any time after
37 the filing of the application. However, the secretary may not issue a
38 license until the applicant files the affidavit or the statement.
39 (g) The zoning affidavit under subsection (d) or statement under
40 subsection (e) may not be signed by a person described in subsection
41 (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
42 before the affidavit or statement is submitted to the secretary as part of
EH 1382—LS 7090/DI 154 3
1 an application for a license under this article.
2 (h) A licensee shall maintain a bond satisfactory to the secretary in
3 the amount of twenty-five thousand dollars ($25,000). The bond must:
4 (1) be in favor of the state;
5 (2) secure payment of fines, penalties, costs, and fees assessed by
6 the secretary after:
7 (A) notice;
8 (B) opportunity for a hearing; and
9 (C) opportunity for judicial review; and
10 (3) secure the payment of damages to a person aggrieved by a
11 violation of this article by the licensee after a judgment has been
12 issued.
13 (i) Service under this chapter shall be made in accordance with the
14 Indiana Rules of Trial Procedure.
15 (j) The fee for a license for a manufacturer or a distributor is
16 thirty-five dollars ($35).
17 (k) The fee for a license for a used motor vehicle dealer, new motor
18 vehicle dealer, or automobile auction company is thirty dollars ($30).
19 (l) The fee for a transfer dealer or a converter manufacturer is
20 twenty dollars ($20).
21 (m) The fees collected under this section are nonrefundable and
22 shall be deposited as set forth in IC 9-32-7-3.
23 (n) An application for a used motor vehicle dealer license must
24 include a certificate of completion of the training course described in
25 IC 9-32-16-1.3, issued by the Independent Automobile Dealers
26 Association domiciled in Indiana.
27 SECTION 4. IC 9-32-13-30.2 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 30.2. (a) This section does not
30 apply to the following:
31 (1) A person that holds a special event permit issued under
32 IC 9-32-11-18.
33 (2) The buying, selling, or trading of a motor vehicle that is a
34 motorcycle.
35 (b) A person that engages in the business of buying, selling, or
36 trading of motor vehicles on a Sunday commits a Class B
37 misdemeanor.
38 SECTION 5. IC 9-32-16-1.3, AS ADDED BY P.L.116-2024,
39 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1.3. (a) The secretary in consultation with the
41 Independent Automobile Dealers Association domiciled in Indiana and
42 the division shall develop a required training course that an applicant
EH 1382—LS 7090/DI 154 4
1 for a used motor vehicle dealer license must complete in order to obtain
2 a used motor vehicle dealer license. The training course must provide
3 the used motor vehicle dealer information on:
4 (1) licensing requirements;
5 (2) laws; and
6 (3) rules.
7 (b) The training course under this section must be offered and
8 certified by the Independent Automobile Dealers Association
9 domiciled in Indiana.
10 (c) The training course under this section must be offered online.
11 (d) The training course under this section must be completed by
12 at least one (1) person identified by the applicant as the used motor
13 vehicle dealer owner.
14 (d) (e) Upon completion of the training course:
15 (1) the Independent Automobile Dealers Association domiciled
16 in Indiana shall issue a certificate of completion to each used
17 motor vehicle dealer owner who successfully completes the
18 training course; and
19 (2) the used motor vehicle dealer owner is not required to retake
20 the training course.
21 (e) (f) The applicant for a used motor vehicle dealer license must
22 submit the certificate of completion issued by the Independent
23 Automobile Dealers Association domiciled in Indiana in subsection
24 (d)(1) (e)(1) with the applicant's application for a used motor vehicle
25 dealer license.
26 (f) (g) The cost for the training course under this section shall:
27 (1) not exceed three hundred dollars ($300); and
28 (2) be payable to the Independent Automobile Dealers
29 Association domiciled in Indiana.
30 (g) (h) A used motor vehicle dealer owner is not required to
31 participate in the training course under this section if the used motor
32 vehicle dealer owner:
33 (1) is renewing the used motor vehicle dealer's license; or
34 (2) has:
35 (A) more than at least one (1) other licensed used motor
36 vehicle dealership location in Indiana; and
37 (B) previously completed the training course under this section
38 to obtain a used motor vehicle dealer license for one (1) of the
39 dealer's used motor vehicle dealership locations; or
40 (3) possessed a valid used motor vehicle dealer license for at
41 least one (1) other licensed used motor vehicle dealership
42 location in Indiana on July 1, 2024.
EH 1382—LS 7090/DI 154 5
1 SECTION 6. IC 9-32-16-16, AS AMENDED BY P.L.179-2017,
2 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 16. Except as part of a change in a dealer
4 business entity type, a dealer license or endorsement issued under this
5 article or by the bureau of motor vehicles under IC 9-23 (before its
6 repeal) may not be:
7 (1) loaned;
8 (2) leased;
9 (3) sold;
10 (4) transferred;
11 (5) copied;
12 (6) altered; or
13 (7) reproduced.
14 SECTION 7. IC 35-52-9.1-70 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 70. IC 9-32-13-30.2 defines a
17 crime concerning the buying, selling, or trading of motor vehicles
18 on a Sunday.
EH 1382—LS 7090/DI 154 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred House Bill 1382, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 16.
Delete pages 2 through 4.
Page 5, delete lines 1 through 24.
Page 5, delete lines 31 through 42.
Page 6, delete lines 1 through 34.
Page 11, delete line 42.
Delete page 12.
Page 13, delete lines 1 through 13.
Page 14, line 32, delete "or".
Page 14, line 33, delete "IC 9-32.5".
Page 17, delete lines 38 through 42.
Delete pages 18 through 40.
Page 41, delete lines 1 through 32.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1382 as introduced.)
PRESSEL
Committee Vote: yeas 10, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1382 be amended to read as
follows:
Page 8, delete lines 14 through 42.
Delete pages 9 through 10.
Page 11, delete lines 1 through 7.
Page 11, delete lines 26 through 29.
Renumber all SECTIONS consecutively.
(Reference is to HB 1382 as printed February 3, 2025.)
HEINE
EH 1382—LS 7090/DI 154 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Homeland Security and
Transportation, to which was referred House Bill No. 1382, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1382 as reprinted February 11, 2025.)
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
SENATE MOTION
Mr. President: I move that Engrossed House Bill 1382 be amended
to read as follows:
Page 1, delete lines 13 through 16, begin a new paragraph and
insert:
"SECTION 3. IC 9-32-11-2, AS AMENDED BY P.L.116-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) An application for a license under this
article must:
(1) be accompanied by payment of the applicable fee required
under this section;
(2) be on a form prescribed by the secretary;
(3) contain the information the secretary considers necessary to
enable the secretary to determine fully:
(A) the qualifications and eligibility of the applicant to receive
the license; and
(B) the ability of the applicant to conduct properly the business
for which the application is submitted;
(4) contain evidence of a bond required in subsection (e);
(5) contain evidence of liability coverage required by section 14
of this chapter;
(6) contain the federal tax identification number issued to the
dealer; and
(7) contain the registered retail merchant's certificate issued to the
dealer under IC 6-2.5-8.
(b) An application for a license as a dealer must show whether the
applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or another
EH 1382—LS 7090/DI 154 8
computer network to facilitate the sale of motor vehicles shall maintain
all records at the established place of business in Indiana.
(d) This subsection does not apply to a distributor or
manufacturer not located in Indiana. Except as provided in
subsection (e), the application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance, if one
exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment.
(e) If there is no person or officer under subsection (d)(1) or (d)(2),
the application must be accompanied by a statement to that effect from
the executive (as defined in IC 36-1-2-5) of the unit in which the real
property is located.
(f) The applicant may file the zoning affidavit under subsection (d)
or statement under subsection (e) with the application at any time after
the filing of the application. However, the secretary may not issue a
license until the applicant files the affidavit or the statement.
(g) The zoning affidavit under subsection (d) or statement under
subsection (e) may not be signed by a person described in subsection
(d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
before the affidavit or statement is submitted to the secretary as part of
an application for a license under this article.
(h) A licensee shall maintain a bond satisfactory to the secretary in
the amount of twenty-five thousand dollars ($25,000). The bond must:
(1) be in favor of the state;
(2) secure payment of fines, penalties, costs, and fees assessed by
the secretary after:
(A) notice;
(B) opportunity for a hearing; and
(C) opportunity for judicial review; and
(3) secure the payment of damages to a person aggrieved by a
violation of this article by the licensee after a judgment has been
issued.
(i) Service under this chapter shall be made in accordance with the
Indiana Rules of Trial Procedure.
(j) The fee for a license for a manufacturer or a distributor is
thirty-five dollars ($35).
(k) The fee for a license for a used motor vehicle dealer, new motor
vehicle dealer, or automobile auction company is thirty dollars ($30).
(l) The fee for a transfer dealer or a converter manufacturer is
EH 1382—LS 7090/DI 154 9
twenty dollars ($20).
(m) The fees collected under this section are nonrefundable and
shall be deposited as set forth in IC 9-32-7-3.
(n) An application for a used motor vehicle dealer license must
include a certificate of completion of the training course described in
IC 9-32-16-1.3, issued by the Independent Automobile Dealers
Association domiciled in Indiana.".
Delete pages 2 through 5.
Page 6, delete lines 1 through 39.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1382 as printed March 12, 2025.)
DORIOT
EH 1382—LS 7090/DI 154