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.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1382
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 9-32-2.1-11, AS ADDED BY P.L.104-2024,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. "Dealer manager" means an individual who
works at the established place of business of a dealer and who is
responsible for and is in charge of the day to day operations, including
the management, direction, and control of the dealership.
SECTION 2. IC 9-32-8.5-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.5. For purposes of this chapter,
a manufactured home community may include an entity associated
with the person to which the Indiana department of health issues
a mobile home park license under IC 16-41-27.
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
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(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
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
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(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
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.
SECTION 4. IC 9-32-13-30.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 30.2. (a) This section does not
apply to the following:
(1) A person that holds a special event permit issued under
IC 9-32-11-18.
(2) The buying, selling, or trading of a motor vehicle that is a
motorcycle.
(b) A person that engages in the business of buying, selling, or
trading of motor vehicles on a Sunday commits a Class B
misdemeanor.
SECTION 5. IC 9-32-16-1.3, AS ADDED BY P.L.116-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.3. (a) The secretary in consultation with the
Independent Automobile Dealers Association domiciled in Indiana and
the division shall develop a required training course that an applicant
for a used motor vehicle dealer license must complete in order to obtain
a used motor vehicle dealer license. The training course must provide
the used motor vehicle dealer information on:
(1) licensing requirements;
(2) laws; and
(3) rules.
(b) The training course under this section must be offered and
certified by the Independent Automobile Dealers Association
domiciled in Indiana.
(c) The training course under this section must be offered online.
(d) The training course under this section must be completed by
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at least one (1) person identified by the applicant as the used motor
vehicle dealer owner.
(d) (e) Upon completion of the training course:
(1) the Independent Automobile Dealers Association domiciled
in Indiana shall issue a certificate of completion to each used
motor vehicle dealer owner who successfully completes the
training course; and
(2) the used motor vehicle dealer owner is not required to retake
the training course.
(e) (f) The applicant for a used motor vehicle dealer license must
submit the certificate of completion issued by the Independent
Automobile Dealers Association domiciled in Indiana in subsection
(d)(1) (e)(1) with the applicant's application for a used motor vehicle
dealer license.
(f) (g) The cost for the training course under this section shall:
(1) not exceed three hundred dollars ($300); and
(2) be payable to the Independent Automobile Dealers
Association domiciled in Indiana.
(g) (h) A used motor vehicle dealer owner is not required to
participate in the training course under this section if the used motor
vehicle dealer owner:
(1) is renewing the used motor vehicle dealer's license; or
(2) has:
(A) more than at least one (1) other licensed used motor
vehicle dealership location in Indiana; and
(B) previously completed the training course under this section
to obtain a used motor vehicle dealer license for one (1) of the
dealer's used motor vehicle dealership locations; or
(3) possessed a valid used motor vehicle dealer license for at
least one (1) other licensed used motor vehicle dealership
location in Indiana on July 1, 2024.
SECTION 6. IC 9-32-16-16, AS AMENDED BY P.L.179-2017,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. Except as part of a change in a dealer
business entity type, a dealer license or endorsement issued under this
article or by the bureau of motor vehicles under IC 9-23 (before its
repeal) may not be:
(1) loaned;
(2) leased;
(3) sold;
(4) transferred;
(5) copied;
(6) altered; or
(7) reproduced.
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SECTION 7. IC 35-52-9.1-70 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 70. IC 9-32-13-30.2 defines a
crime concerning the buying, selling, or trading of motor vehicles
on a Sunday.
HEA 1382 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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