182 | | - | 1 is making an application for a personalized license plate message |
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183 | | - | 2 under section 2(b) of this chapter the person shall indicate |
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184 | | - | 3 indicating the combination of letters or numerals, or both, requested by |
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185 | | - | 4 the person. |
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186 | | - | 5 (b) The bureau may refuse to issue a combination of letters or |
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187 | | - | 6 numerals, or both, that: |
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188 | | - | 7 (1) carries a connotation offensive to good taste and decency; |
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189 | | - | 8 (2) would be misleading; or |
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190 | | - | 9 (3) the bureau otherwise considers improper for issuance. |
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191 | | - | 10 SECTION 6. IC 9-18.5-2-8, AS ADDED BY P.L.198-2016, |
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192 | | - | 11 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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193 | | - | 12 [EFFECTIVE JULY 1, 2025]: Sec. 8. The bureau shall issue a |
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194 | | - | 13 personalized license plate under this chapter to a person that does the |
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| 192 | + | 1 in Indiana and will be titling or registering the vehicle in another |
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| 193 | + | 2 state or foreign country. |
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| 194 | + | 3 (2) The person is an Indiana resident and is intending to move to |
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| 195 | + | 4 another state and the current vehicle registration or temporary |
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| 196 | + | 5 permit will expire before the person moves. |
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| 197 | + | 6 (3) The person is an Indiana resident and the vehicle registration |
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| 198 | + | 7 in another state has expired and the person has applied under |
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| 199 | + | 8 IC 9-17 for a title for the vehicle. |
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| 200 | + | 9 (4) The person owns and operates the vehicle and the person: |
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| 201 | + | 10 (A) does not operate the vehicle as a lessor; and |
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| 202 | + | 11 (B) moves the empty vehicle from one (1) lessee-carrier to |
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| 203 | + | 12 another. |
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| 204 | + | 13 (5) The person owns a vehicle for which emissions testing is |
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| 205 | + | 14 required and the vehicle will require further mechanical repairs |
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| 206 | + | 15 in order to comply with the emissions testing requirements. |
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| 207 | + | 16 (c) A temporary registration permit shall be displayed on a vehicle |
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| 208 | + | 17 in a manner determined by the bureau. |
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| 209 | + | 18 (d) The bureau may issue a temporary registration permit |
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| 210 | + | 19 under this section at the bureau's discretion if the person complies |
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| 211 | + | 20 with subsection (a) and applies in a form and manner prescribed |
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| 212 | + | 21 by the bureau. |
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| 213 | + | 22 SECTION 5. IC 9-18.5-2-2, AS ADDED BY P.L.198-2016, |
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| 214 | + | 23 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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| 215 | + | 24 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A personalized license plate |
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| 216 | + | 25 may be the same color and size and contain similar required |
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| 217 | + | 26 information as regular license plates issued under IC 9-18 (before its |
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| 218 | + | 27 expiration) or IC 9-18.1 for the respective class of vehicle. The bureau |
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| 219 | + | 28 may offer alternative designs or color scheme versions of a license |
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| 220 | + | 29 plate issued under IC 9-18.1. |
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| 221 | + | 30 (b) A personalized license plate message is limited to the: |
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| 222 | + | 31 (1) numerals 0 through 9; or |
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| 223 | + | 32 (2) letters A through Z; |
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| 224 | + | 33 in a continuous combination of numbers and letters with at least two |
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| 225 | + | 34 (2) positions. |
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| 226 | + | 35 (c) A personalized license plate may not duplicate a regularly issued |
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| 227 | + | 36 plate. |
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| 228 | + | 37 (d) Only one (1) personalized plate, without regard to classification |
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| 229 | + | 38 of registration, may be issued by the bureau with the same |
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| 230 | + | 39 configuration of numbers and letters. |
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| 231 | + | 40 (e) A person that selects both an alternative design or color |
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| 232 | + | 41 scheme under subsection (a) and a personalized license plate |
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| 233 | + | 42 message under subsection (b) shall pay a separate fee for each |
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| 234 | + | EH 1390—LS 7417/DI 137 5 |
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| 235 | + | 1 personalization under section 8(3) of this chapter. |
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| 236 | + | 2 SECTION 6. IC 9-18.5-2-4, AS ADDED BY P.L.198-2016, |
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| 237 | + | 3 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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| 238 | + | 4 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) A person that applies for: |
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| 239 | + | 5 (1) a personalized license plate; or |
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| 240 | + | 6 (2) the renewal of a personalized license plate in the subsequent |
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| 241 | + | 7 period; |
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| 242 | + | 8 must file an application in the manner the bureau requires. If a person |
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| 243 | + | 9 is making an application for a personalized license plate message |
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| 244 | + | 10 under section 2(b) of this chapter the person shall indicate |
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| 245 | + | 11 indicating the combination of letters or numerals, or both, requested by |
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| 246 | + | 12 the person. |
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| 247 | + | 13 (b) The bureau may refuse to issue a combination of letters or |
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| 248 | + | 14 numerals, or both, that: |
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| 249 | + | 15 (1) carries a connotation offensive to good taste and decency; |
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| 250 | + | 16 (2) would be misleading; or |
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| 251 | + | 17 (3) the bureau otherwise considers improper for issuance. |
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| 252 | + | 18 SECTION 7. IC 9-18.5-2-8, AS ADDED BY P.L.198-2016, |
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| 253 | + | 19 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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| 254 | + | 20 [EFFECTIVE JULY 1, 2025]: Sec. 8. The bureau shall issue a |
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| 255 | + | 21 personalized license plate under this chapter to a person that does the |
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| 256 | + | 22 following: |
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| 257 | + | 23 (1) Complies with IC 9-18 (before its expiration) or IC 9-18.1. |
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| 258 | + | 24 (2) Pays any additional fee associated with a license plate |
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| 259 | + | 25 described in section 1(b) of this chapter. |
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| 260 | + | 26 (3) Pays a fee of forty-five dollars ($45) each for an alternative |
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| 261 | + | 27 design or color scheme under section 2(a) of this chapter or a |
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| 262 | + | 28 personalized license plate message under section 2(b) of this |
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| 263 | + | 29 chapter. The fee shall be distributed as follows: |
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| 264 | + | 30 (A) Four dollars ($4) to the crossroads 2000 fund. |
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| 265 | + | 31 (B) Seven dollars ($7) to the motor vehicle highway account. |
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| 266 | + | 32 (C) Thirty-four dollars ($34) to the commission fund. |
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| 267 | + | 33 Upon the payment of the fee, the bureau shall issue a receipt. |
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| 268 | + | 34 SECTION 8. IC 9-18.5-2-9, AS ADDED BY P.L.198-2016, |
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| 269 | + | 35 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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| 270 | + | 36 [EFFECTIVE JULY 1, 2025]: Sec. 9. If a person that applies for a |
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| 271 | + | 37 personalized license plate under this chapter with a given |
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| 272 | + | 38 configuration of letters or numbers is not able to obtain the license |
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| 273 | + | 39 plate requested or a satisfactory alternative configuration, the bureau |
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| 274 | + | 40 shall refund the entire personalized license plate fee associated with |
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| 275 | + | 41 the personalized license plate message under section 8(3) of this |
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| 276 | + | 42 chapter to the person. However, a refund of a personalized license plate |
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| 277 | + | EH 1390—LS 7417/DI 137 6 |
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| 278 | + | 1 fee may not be made when the person that applies for the personalized |
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| 279 | + | 2 license plate cancels the request. |
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| 280 | + | 3 SECTION 9. IC 9-18.5-12-3, AS ADDED BY P.L.198-2016, |
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| 281 | + | 4 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
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| 282 | + | 5 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A special group that seeks |
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| 283 | + | 6 initial participation in the special group recognition license plate |
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| 284 | + | 7 program must submit a completed application to the bureau not later |
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| 285 | + | 8 than April 1 for potential issuance in the following year. The |
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| 286 | + | 9 application must contain the following: |
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| 287 | + | 10 (1) The name and address of the resident agent of the special |
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| 288 | + | 11 group. |
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| 289 | + | 12 (2) Evidence of governance by a board of directors consisting of |
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| 290 | + | 13 at least five (5) members, a majority of whom are outside |
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| 291 | + | 14 directors, who meet at least semiannually to establish policy for |
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| 292 | + | 15 the special group and review the accomplishments of the special |
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| 293 | + | 16 group. |
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| 294 | + | 17 (3) A copy of the: |
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| 295 | + | 18 (A) ethics statement; |
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| 296 | + | 19 (B) constitution and bylaws; and |
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| 297 | + | 20 (C) articles of incorporation as an entity that is exempt from |
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| 298 | + | 21 federal income taxation under Section 501(c) of the Internal |
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| 299 | + | 22 Revenue Code; |
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| 300 | + | 23 of the special group. |
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| 301 | + | 24 (4) Copies of the last three (3) consecutive: |
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| 302 | + | 25 (A) annual reports; and |
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| 303 | + | 26 (B) annual generally accepted auditing standards or |
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| 304 | + | 27 government auditing standards audits; |
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| 305 | + | 28 of the special group. |
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| 306 | + | 29 (5) Evidence of appropriate use of resources and compliance with |
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| 307 | + | 30 federal and state laws, including evidence of appropriate |
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| 308 | + | 31 management and internal controls in order to ensure: |
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| 309 | + | 32 (A) compliance with law; |
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| 310 | + | 33 (B) that finances are used in compliance with the purpose |
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| 311 | + | 34 statement of the special group; and |
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| 312 | + | 35 (C) maintenance as an entity that is exempt from taxation |
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| 313 | + | 36 under Section 501(c) of the Internal Revenue Code. |
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| 314 | + | 37 (6) Evidence of transparency of financial and operational |
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| 315 | + | 38 activities to include availability of current financial statements at |
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| 316 | + | 39 any time upon the request of the bureau or a donor to the special |
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| 317 | + | 40 group. |
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| 318 | + | 41 (7) Evidence of internal controls to prevent conflict of interest by |
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| 319 | + | 42 board members and employees. |
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| 320 | + | EH 1390—LS 7417/DI 137 7 |
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| 321 | + | 1 (8) A petition with the dated signatures of at least five hundred |
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| 322 | + | 2 (500) one thousand (1,000) residents of Indiana, obtained |
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| 323 | + | 3 during a single calendar year, who pledge to purchase the |
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| 324 | + | 4 special group recognition license plate. |
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| 325 | + | 5 (9) A statement of the designated use of any annual fee to be |
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| 326 | + | 6 collected by the bureau. |
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| 327 | + | 7 (10) A copy of a certified motion passed by the board of directors |
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| 328 | + | 8 of the special group requesting that the special group recognition |
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| 329 | + | 9 license plate be issued by the bureau and stating the designated |
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| 330 | + | 10 use of any annual fee to be collected by the bureau. |
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| 331 | + | 11 (11) Evidence of statewide public benefit from the special group. |
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| 332 | + | 12 (12) Evidence of statewide public benefit from the use of the |
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| 333 | + | 13 annual fee collected by the bureau. |
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| 334 | + | 14 (13) Evidence that the special group's use of the annual fee to be |
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| 335 | + | 15 collected by the bureau and the organizational purpose statement |
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| 336 | + | 16 of the special group conform with at least one (1) of the following |
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| 337 | + | 17 categories: |
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| 338 | + | 18 (A) Direct health care or medical research. |
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| 339 | + | 19 (B) Fraternal or service organizations. |
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| 340 | + | 20 (C) Government and quasi-government. For purposes of this |
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| 341 | + | 21 clause, a special group that designates the use of the fees |
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| 342 | + | 22 collected for deposit in the capital projects fund established by |
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| 343 | + | 23 IC 9-18.5-28-5(a) is considered to have a quasi-government |
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| 344 | + | 24 purpose. |
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| 345 | + | 25 (D) Military and veterans' affairs. |
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| 346 | + | 26 (E) Public and transportation safety. |
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| 347 | + | 27 (F) A state educational institution (as defined in |
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| 348 | + | 28 IC 21-7-13-32) or an approved postsecondary educational |
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| 349 | + | 29 institution (as defined in IC 21-7-13-6) for scholarships for |
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| 350 | + | 30 Indiana residents. |
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| 351 | + | 31 (G) Agriculture, animals, and environment. |
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| 352 | + | 32 (14) Evidence that the organization has prohibitions and internal |
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| 353 | + | 33 controls prohibiting advocacy of the following: |
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| 354 | + | 34 (A) Violation of federal or state law. |
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| 355 | + | 35 (B) Violation of generally accepted ethical standards or |
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| 356 | + | 36 societal behavioral standards. |
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| 357 | + | 37 (C) Individual political candidates. |
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| 358 | + | 38 (b) The bureau shall review the application for a special group |
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| 359 | + | 39 recognition license plate that has been submitted to the bureau under |
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| 360 | + | 40 subsection (a). Upon satisfaction to the bureau of the completeness of |
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| 361 | + | 41 the information in the application, the bureau shall forward the |
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| 362 | + | 42 application to the executive director of the legislative services agency |
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| 363 | + | EH 1390—LS 7417/DI 137 8 |
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| 364 | + | 1 in an electronic format under IC 5-14-6 for review by the committee. |
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| 365 | + | 2 SECTION 10. IC 9-18.5-12-13, AS AMENDED BY P.L.118-2022, |
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| 366 | + | 3 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 367 | + | 4 JULY 1, 2025]: Sec. 13. (a) In order to continue participation in the |
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| 368 | + | 5 special group recognition license plate program, a special group must: |
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| 369 | + | 6 (1) sell at least: |
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| 370 | + | 7 (A) for a special group recognition license plate issued |
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| 371 | + | 8 before January 1, 2026, five hundred (500) special group |
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| 372 | + | 9 recognition license plates of the special group; and |
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| 373 | + | 10 (B) for a special group recognition license plate issued after |
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| 374 | + | 11 December 31, 2025, one thousand (1,000) special group |
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| 375 | + | 12 recognition license plates of the special group; |
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| 376 | + | 13 in the first two (2) years in which the license plate is offered for |
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| 377 | + | 14 sale; and |
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| 378 | + | 15 (2) maintain the sale or renewal of at least: |
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| 379 | + | 16 (A) for a special group recognition license plate issued |
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| 380 | + | 17 before January 1, 2026, five hundred (500) special group |
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| 381 | + | 18 recognition license plates; and |
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| 382 | + | 19 (B) for a special group recognition license plate issued after |
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| 383 | + | 20 December 31, 2025, one thousand (1,000) special group |
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| 384 | + | 21 recognition license plates; |
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| 385 | + | 22 during each subsequent year after the initial two (2) year period |
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| 386 | + | 23 of sale. |
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| 387 | + | 24 (b) If the special group fails to sell or renew special group |
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| 388 | + | 25 recognition license plates in the manner provided in subsection (a), the |
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| 389 | + | 26 bureau shall place the issuance of the special group recognition license |
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| 390 | + | 27 plates for the special group on probation for the subsequent year. If, in |
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| 391 | + | 28 that subsequent year on probation, the special group fails to sell or |
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| 392 | + | 29 renew at least five hundred (500) the number of special group |
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| 393 | + | 30 recognition license plates required under subsection (a), the bureau |
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| 394 | + | 31 shall terminate the participation of the special group in the special |
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| 395 | + | 32 group recognition license plate program. If the special group sells or |
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| 396 | + | 33 renews at least five hundred (500) the number of special group |
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| 397 | + | 34 recognition license plates required under subsection (a) in the year |
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| 398 | + | 35 on probation, the participation of the special group in the special group |
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| 399 | + | 36 recognition license plate program is continued. A special group shall |
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| 400 | + | 37 be afforded only one (1) probationary period under this subsection. |
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| 401 | + | 38 (c) The bureau may terminate the participation of a special group in |
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| 402 | + | 39 the special group recognition license plate program if the special |
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| 403 | + | 40 group: |
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| 404 | + | 41 (1) ceases operations; or |
---|
| 405 | + | 42 (2) fails to use the annual fee collected by the bureau in a manner |
---|
| 406 | + | EH 1390—LS 7417/DI 137 9 |
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| 407 | + | 1 consistent with the statement submitted by the special group |
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| 408 | + | 2 under section 3(a)(9) of this chapter. |
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| 409 | + | 3 (d) A special group that desires to participate in the special group |
---|
| 410 | + | 4 recognition license plate program after termination by the bureau under |
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| 411 | + | 5 this section: |
---|
| 412 | + | 6 (1) must follow the procedure set forth in section 3 of this |
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| 413 | + | 7 chapter; and |
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| 414 | + | 8 (2) may not reapply to participate in the special group recognition |
---|
| 415 | + | 9 license plate program for at least two (2) years after termination. |
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| 416 | + | 10 (e) Upon termination under this section of a special group's |
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| 417 | + | 11 participation in the special group recognition license plate program, the |
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| 418 | + | 12 bureau shall distribute any money remaining in the trust fund |
---|
| 419 | + | 13 established under section 14 of this chapter for the special group to the |
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| 420 | + | 14 state general fund. |
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| 421 | + | 15 SECTION 11. IC 9-20-9-1, AS AMENDED BY P.L.12-2013, |
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| 422 | + | 16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 423 | + | 17 JULY 1, 2025]: Sec. 1. (a) As used in this section, "drive away or tow |
---|
| 424 | + | 18 away" means the delivery service performed by a transport operator by |
---|
| 425 | + | 19 which motor vehicles in transit are delivered by driving singly or in |
---|
| 426 | + | 20 combination by the towbar, saddlemount, or fullmount methods or any |
---|
| 427 | + | 21 lawful combination of those methods, including coupling equipment or |
---|
| 428 | + | 22 where a truck or tractor draws or tows a semitrailer or trailer in transit. |
---|
| 429 | + | 23 (b) A combination of two (2) vehicles coupled together, including |
---|
| 430 | + | 24 load, may not exceed a total length of sixty (60) feet, except for the |
---|
| 431 | + | 25 following: |
---|
| 432 | + | 26 (1) A combination of two (2) vehicles coupled together that are |
---|
| 433 | + | 27 especially constructed to transport other vehicles or boats. This |
---|
| 434 | + | 28 exception includes any combination of a truck, tractor, |
---|
| 435 | + | 29 semitrailer, and trailer if the combination is used exclusively or |
---|
| 436 | + | 30 primarily in connection with motorsports. |
---|
| 437 | + | 31 (2) A combination of two (2) vehicles coupled together being |
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| 438 | + | 32 transported in a drive away or tow away service. |
---|
| 439 | + | 33 (3) A pole trailer owned by or operated for a public utility (as |
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| 440 | + | 34 defined in IC 8-1-2-1), while the pole trailer is being used in |
---|
| 441 | + | 35 connection with the utility services of the public utility. |
---|
| 442 | + | 36 (4) Trailers used in transporting oil field equipment or pipe for the |
---|
| 443 | + | 37 transmission of oil or gas. |
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| 444 | + | 38 (5) Construction vehicles with a towbar connection used in |
---|
| 445 | + | 39 connection with a trailer used to haul heavy equipment. |
---|
| 446 | + | 40 SECTION 12. IC 9-21-4-6.5 IS ADDED TO THE INDIANA CODE |
---|
| 447 | + | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
| 448 | + | 42 UPON PASSAGE]: Sec. 6.5. (a) This section does not apply to the |
---|
| 449 | + | EH 1390—LS 7417/DI 137 10 |
---|
| 450 | + | 1 advertisement of a: |
---|
| 451 | + | 2 (1) product containing marijuana; or |
---|
| 452 | + | 3 (2) controlled substance listed in schedule I of IC 35-48-2; |
---|
| 453 | + | 4 pursuant to a contract that was entered into or renewed before the |
---|
| 454 | + | 5 effective date of this section as enacted during the 2025 regular |
---|
| 455 | + | 6 session of the general assembly. |
---|
| 456 | + | 7 (b) As used in this section, "marijuana" has the meaning set |
---|
| 457 | + | 8 forth in IC 35-48-1-19. |
---|
| 458 | + | 9 (c) As used in this section, "person" means: |
---|
| 459 | + | 10 (1) an individual; |
---|
| 460 | + | 11 (2) a proprietorship; |
---|
| 461 | + | 12 (3) a partnership; |
---|
| 462 | + | 13 (4) a firm; |
---|
| 463 | + | 14 (5) an association; |
---|
| 464 | + | 15 (6) a corporation; |
---|
| 465 | + | 16 (7) a limited liability company; or |
---|
| 466 | + | 17 (8) another legal entity. |
---|
| 467 | + | 18 (d) A person may not advertise a: |
---|
| 468 | + | 19 (1) product containing marijuana; or |
---|
| 469 | + | 20 (2) controlled substance listed in schedule I of IC 35-48-2; |
---|
| 470 | + | 21 on an outdoor advertising sign located adjacent to a highway |
---|
| 471 | + | 22 located in Indiana. |
---|
| 472 | + | 23 (e) The attorney general may bring an action under IC 24-4 to |
---|
| 473 | + | 24 obtain any or all of the following against a person that violates this |
---|
| 474 | + | 25 section: |
---|
| 475 | + | 26 (1) An injunction to enjoin future violations of this section. |
---|
| 476 | + | 27 (2) The following civil penalties: |
---|
| 477 | + | 28 (A) Not more than five thousand dollars ($5,000) for the |
---|
| 478 | + | 29 first violation. |
---|
| 479 | + | 30 (B) Not more than ten thousand dollars ($10,000) for a |
---|
| 480 | + | 31 second violation. |
---|
| 481 | + | 32 (C) Not more than fifteen thousand dollars ($15,000) for |
---|
| 482 | + | 33 each additional violation. |
---|
| 483 | + | 34 (3) The attorney general's reasonable costs in: |
---|
| 484 | + | 35 (A) the investigation of the violations under this section; |
---|
| 485 | + | 36 and |
---|
| 486 | + | 37 (B) maintaining the action. |
---|
| 487 | + | 38 (f) All civil penalties collected under this section shall be |
---|
| 488 | + | 39 deposited in the state general fund. |
---|
| 489 | + | 40 SECTION 13. IC 9-21-9-2 IS AMENDED TO READ AS |
---|
| 490 | + | 41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. Whenever a vehicle |
---|
| 491 | + | 42 is moved, operated, or driven on a highway that is open for vehicular |
---|
| 492 | + | EH 1390—LS 7417/DI 137 11 |
---|
| 493 | + | 1 travel, the vehicle shall display a triangular slow moving vehicle |
---|
| 494 | + | 2 emblem mounted as near as is practicable to the center of mass and at |
---|
| 495 | + | 3 an approximate height of not less than three (3) two (2) and not more |
---|
| 496 | + | 4 than five (5) ten (10) feet from level ground or pavement surface. The |
---|
| 497 | + | 5 emblem shall be mounted so as to be entirely visible from the rear, day |
---|
| 498 | + | 6 or night. The emblem and the emblem's position of mounting on the |
---|
| 499 | + | 7 vehicle must meet the specifications established by rules adopted by |
---|
| 500 | + | 8 the Indiana criminal justice institute. substantially adhere to the |
---|
| 501 | + | 9 recommendations of the: |
---|
| 502 | + | 10 (1) American Society of Agricultural and Biological |
---|
| 503 | + | 11 Engineers; |
---|
| 504 | + | 12 (2) American National Standards Institute; and |
---|
| 505 | + | 13 (3) Society of Automotive Engineers. |
---|
| 506 | + | 14 SECTION 14. IC 9-21-9-5 IS REPEALED [EFFECTIVE JULY 1, |
---|
| 507 | + | 15 2025]. Sec. 5. (a) The Indiana criminal justice institute shall adopt rules |
---|
| 508 | + | 16 under IC 4-22-2 establishing standards and specifications for the |
---|
| 509 | + | 17 design, materials, and mounting of a standard slow moving vehicle |
---|
| 510 | + | 18 emblem for the uniform identification of slow moving vehicles. |
---|
| 511 | + | 19 (b) In adopting rules under subsection (a), the Indiana criminal |
---|
| 512 | + | 20 justice institute shall substantially adhere to the current |
---|
| 513 | + | 21 recommendations of the American Society of Agricultural Engineers, |
---|
| 514 | + | 22 the American National Standards Institute, and the Society of |
---|
| 515 | + | 23 Automotive Engineers so that the slow moving vehicle emblem may be |
---|
| 516 | + | 24 more universally recognizable and of adequate quality. |
---|
| 517 | + | 25 (c) The Indiana criminal justice institute shall adopt revisions to the |
---|
| 518 | + | 26 standards and specifications adopted as required under subsection (a) |
---|
| 519 | + | 27 as amendments are made to the recommendations of the American |
---|
| 520 | + | 28 Society of Agricultural Engineers, the American National Standards |
---|
| 521 | + | 29 Institute, and the Society of Automotive Engineers regarding the slow |
---|
| 522 | + | 30 moving vehicle emblem. |
---|
| 523 | + | 31 SECTION 15. IC 9-22-1-8, AS AMENDED BY P.L.281-2019, |
---|
| 524 | + | 32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 525 | + | 33 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly |
---|
| 526 | + | 34 identified person who owns or holds a lien on a vehicle appears at the |
---|
| 527 | + | 35 site of storage before disposal of the vehicle or parts and pays all costs |
---|
| 528 | + | 36 relating to a tow, the storage of the vehicle, and all allowable fees, as |
---|
| 529 | + | 37 applicable, the vehicle or parts shall be released. |
---|
| 530 | + | 38 (b) A towing service or storage yard may not charge an inspection |
---|
| 531 | + | 39 fee to an owner, a lienholder, or an insurance company representative |
---|
| 532 | + | 40 to inspect a vehicle or retrieve items from the vehicle. A fee under this |
---|
| 533 | + | 41 subsection must be refunded if the costs relating to a tow, the storage |
---|
| 534 | + | 42 of the vehicle, and all allowable fees, as applicable, are paid under |
---|
| 535 | + | EH 1390—LS 7417/DI 137 12 |
---|
| 536 | + | 1 subsection (a). |
---|
| 537 | + | 2 (c) A towing service or storage yard must accept payment made by |
---|
| 538 | + | 3 any of the following means from a person seeking to release a vehicle |
---|
| 539 | + | 4 under this section: |
---|
| 540 | + | 5 (1) Cash. |
---|
| 541 | + | 6 (2) Certified check. |
---|
| 542 | + | 7 (3) Insurance check. |
---|
| 543 | + | 8 (4) Money order. |
---|
| 544 | + | 9 A towing service or storage facility may elect to accept payment by |
---|
| 545 | + | 10 means of a credit card or debit card. |
---|
| 546 | + | 11 (d) Upon receiving payment of all costs relating to a tow, the storage |
---|
| 547 | + | 12 of a vehicle, and all allowable fees, as applicable, a towing service or |
---|
| 548 | + | 13 storage yard shall provide to the person making payment an itemized |
---|
| 549 | + | 14 receipt that includes the information set forth in IC 24-14-5, to the |
---|
| 550 | + | 15 extent the information is known or available. |
---|
| 551 | + | 16 (e) A towing service or storage yard must be open for business and |
---|
| 552 | + | 17 accessible by telephone during regular office hours. A towing service |
---|
| 553 | + | 18 or storage yard must provide a telephone number that is available on a |
---|
| 554 | + | 19 twenty-four (24) hour basis to receive calls and messages from callers, |
---|
| 555 | + | 20 including calls made outside of regular office hours. All calls made to |
---|
| 556 | + | 21 a towing service or storage yard must be returned within twenty-four |
---|
| 557 | + | 22 (24) hours from the time received. However, if adverse weather, an act |
---|
| 558 | + | 23 of God, or an emergency situation over which the towing service or |
---|
| 559 | + | 24 storage yard has no control prevents the towing service or storage yard |
---|
| 560 | + | 25 from returning calls within twenty-four (24) hours, the towing service |
---|
| 561 | + | 26 or storage yard shall return all calls received as quickly as possible. |
---|
| 562 | + | 27 (f) A towing service or storage yard shall, if required, notify the |
---|
| 563 | + | 28 appropriate public agency of all releases under this section. The |
---|
| 564 | + | 29 notification must include: |
---|
| 565 | + | 30 (1) the name and address of: |
---|
| 566 | + | 31 (A) the person that owns or holds a lien on the vehicle; and |
---|
| 567 | + | 32 (B) the insurance company that insures the vehicle, if the |
---|
| 568 | + | 33 vehicle was released to a representative of the insurance |
---|
| 569 | + | 34 company; |
---|
| 570 | + | 35 (2) the signature of the individual to whom the vehicle was |
---|
| 571 | + | 36 released; |
---|
| 572 | + | 37 (3) a description of the vehicle or parts; |
---|
| 573 | + | 38 (4) costs paid; and |
---|
| 574 | + | 39 (5) the date of release. |
---|
| 575 | + | 40 (g) A towing company shall release property to an owner or an |
---|
| 576 | + | 41 owner's designee not later than twenty-four (24) hours after the |
---|
| 577 | + | 42 towing company's receipt of: |
---|
| 578 | + | EH 1390—LS 7417/DI 137 13 |
---|
| 579 | + | 1 (1) payment of seventy percent (70%) of the amount of the |
---|
| 580 | + | 2 invoice; and |
---|
| 581 | + | 3 (2) a copy of a towing complaint filed with the attorney |
---|
| 582 | + | 4 general under IC 24-14-11 that includes the amount of the |
---|
| 583 | + | 5 bond obtained by the owner for the remainder of the amount |
---|
| 584 | + | 6 of the invoice. |
---|
| 585 | + | 7 SECTION 16. IC 9-22-1-16, AS AMENDED BY P.L.262-2013, |
---|
| 586 | + | 8 SECTION 105, IS AMENDED TO READ AS FOLLOWS |
---|
| 587 | + | 9 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) If after twenty-four (24) |
---|
| 588 | + | 10 hours the person who owns a vehicle believed to be abandoned on |
---|
| 589 | + | 11 private property has not removed the vehicle from the private property, |
---|
| 590 | + | 12 the person who owns or controls the private property on which the |
---|
| 591 | + | 13 vehicle is believed to be abandoned may have the vehicle towed from |
---|
| 592 | + | 14 the private property. |
---|
| 593 | + | 15 (b) Notwithstanding subsection (a), in an emergency situation a |
---|
| 594 | + | 16 vehicle believed to be abandoned on private property may be removed |
---|
| 595 | + | 17 immediately. As used in this subsection, "emergency situation" means |
---|
| 596 | + | 18 that the presence of the vehicle believed to be abandoned interferes |
---|
| 597 | + | 19 physically with the conduct of normal business operations of the person |
---|
| 598 | + | 20 who owns or controls the private property or poses a threat to the safety |
---|
| 599 | + | 21 or security of persons or property, or both. |
---|
| 600 | + | 22 (c) A person who owns or controls the private property must |
---|
| 601 | + | 23 have a contract with a towing company to tow under this section. |
---|
| 602 | + | 24 For contracts entered into, amended, or renewed after June 30, |
---|
| 603 | + | 25 2025, the contract must include the following: |
---|
| 604 | + | 26 (1) Rates for removal. |
---|
| 605 | + | 27 (2) Rates for storage. |
---|
| 606 | + | 28 (3) Any fees that are permitted. |
---|
| 607 | + | 29 (4) Location and telephone number of the private property. |
---|
| 608 | + | 30 (5) Hours that a vehicle may be picked up. |
---|
| 609 | + | 31 SECTION 17. IC 9-22-3-4.1, AS ADDED BY P.L.198-2016, |
---|
| 610 | + | 32 SECTION 385, IS AMENDED TO READ AS FOLLOWS |
---|
| 611 | + | 33 [EFFECTIVE JULY 1, 2025]: Sec. 4.1. (a) This section applies to a |
---|
| 612 | + | 34 vehicle: |
---|
| 613 | + | 35 (1) for which an insurance company has made and paid an agreed |
---|
| 614 | + | 36 settlement; and |
---|
| 615 | + | 37 (2) that meets at least one (1) of the criteria set forth in section 3 |
---|
| 616 | + | 38 of this chapter. |
---|
| 617 | + | 39 (b) A person that owns or holds a lien upon a vehicle described in |
---|
| 618 | + | 40 subsection (a) shall assign the certificate of title to the insurance |
---|
| 619 | + | 41 company described in subsection (a) not more than thirty (30) days |
---|
| 620 | + | 42 after the date of settlement. An assignment under this subsection |
---|
| 621 | + | EH 1390—LS 7417/DI 137 14 |
---|
| 622 | + | 1 does not require notarization and may be signed electronically. |
---|
| 623 | + | 2 (c) The insurance company shall: |
---|
| 624 | + | 3 (1) apply to the bureau within forty-five (45) days after receipt of |
---|
| 625 | + | 4 the certificate of title for a certificate of salvage title for each |
---|
| 626 | + | 5 vehicle subject to this chapter; and |
---|
| 627 | + | 6 (2) if in the possession of the insurance company, surrender |
---|
| 628 | + | 7 the: |
---|
| 629 | + | 8 (A) certificate of title, signed or unsigned; or |
---|
| 630 | + | 9 (B) other proof of ownership; |
---|
| 631 | + | 10 to the bureau; and or other proof of ownership to the bureau and |
---|
| 632 | + | 11 pay a salvage title fee of four dollars ($4). The fee shall be |
---|
| 633 | + | 12 deposited in the motor vehicle highway account. |
---|
| 634 | + | 13 (3) pay a salvage title fee of four dollars ($4). The fee shall be |
---|
| 635 | + | 14 deposited in the motor vehicle highway account. |
---|
| 636 | + | 15 (d) After the bureau has received the items set forth in subsection |
---|
| 637 | + | 16 (c)(2) and (c)(3), the bureau shall issue a certificate of salvage title for |
---|
| 638 | + | 17 a vehicle to: |
---|
| 639 | + | 18 (1) the owner, if the owner retains possession of the vehicle as |
---|
| 640 | + | 19 part of an agreed settlement with an insurance company for the |
---|
| 641 | + | 20 vehicle; or |
---|
| 642 | + | 21 (2) the insurance company, if the owner does not retain |
---|
| 643 | + | 22 possession. |
---|
| 644 | + | 23 (e) Except as provided in section 4.4 of this chapter, a person that |
---|
| 645 | + | 24 violates this section commits a Class D infraction. |
---|
| 646 | + | 25 SECTION 18. IC 9-22-3-4.2, AS ADDED BY P.L.198-2016, |
---|
| 647 | + | 26 SECTION 386, IS AMENDED TO READ AS FOLLOWS |
---|
| 648 | + | 27 [EFFECTIVE JULY 1, 2025]: Sec. 4.2. (a) A self-insured entity that |
---|
| 649 | + | 28 owns a vehicle that meets at least one (1) of the criteria set forth in |
---|
| 650 | + | 29 section 3 of this chapter shall apply to the bureau within forty-five (45) |
---|
| 651 | + | 30 days after the date of loss for a certificate of salvage title in the name |
---|
| 652 | + | 31 of the self-insured entity's name. |
---|
| 653 | + | 32 (b) Any other person acquiring a wrecked or damaged vehicle that |
---|
| 654 | + | 33 meets at least one (1) of the criteria set forth in section 3 of this |
---|
| 655 | + | 34 chapter, which acquisition is not evidenced by a certificate of salvage |
---|
| 656 | + | 35 title, shall apply to the bureau within forty-five (45) days after |
---|
| 657 | + | 36 acquiring the vehicle for a certificate of salvage title. |
---|
| 658 | + | 37 (c) The bureau shall issue a certificate of salvage title as proof of |
---|
| 659 | + | 38 ownership for a salvage vehicle when the acquiring person does the |
---|
| 660 | + | 39 following: |
---|
| 661 | + | 40 (1) Makes a proper application in the manner and form prescribed |
---|
| 662 | + | 41 by the bureau. |
---|
| 663 | + | 42 (2) Pays a salvage title fee of four dollars ($4). The fee shall be |
---|
| 664 | + | EH 1390—LS 7417/DI 137 15 |
---|
| 665 | + | 1 deposited in the motor vehicle highway account. |
---|
| 666 | + | 2 (3) If in the possession of the acquiring person, surrenders the |
---|
| 667 | + | 3 vehicle's original certificate of title or other proof of ownership. |
---|
| 668 | + | 4 as determined by the bureau. |
---|
| 669 | + | 5 (d) Except as provided in section 4.4 of this chapter, a person that |
---|
| 670 | + | 6 violates this section commits a Class D infraction. |
---|
| 671 | + | 7 SECTION 19. IC 9-22-3-4.4, AS ADDED BY P.L.198-2016, |
---|
| 672 | + | 8 SECTION 388, IS AMENDED TO READ AS FOLLOWS |
---|
| 673 | + | 9 [EFFECTIVE JULY 1, 2025]: Sec. 4.4. (a) For purposes of sections |
---|
| 674 | + | 10 4.1, 4.2, and 4.3 of this chapter, "other proof of ownership" with respect |
---|
| 675 | + | 11 to a vehicle includes the following items that contain the physical or |
---|
| 676 | + | 12 electronic signature of the owner, with or without notarization: |
---|
| 677 | + | 13 (1) A document granting an insurance company a limited power |
---|
| 678 | + | 14 of attorney. |
---|
| 679 | + | 15 (2) An affidavit transferring title to an insurance company. |
---|
| 680 | + | 16 (3) Another document authorizing an insurance company to |
---|
| 681 | + | 17 assign ownership of the motor vehicle. |
---|
| 682 | + | 18 (b) A person that violates section 4.1, 4.2, or 4.3 of this chapter by |
---|
| 683 | + | 19 knowingly or intentionally submitting a fraudulent document or |
---|
| 684 | + | 20 affidavit described in subsection (a) commits a Class A infraction. |
---|
| 685 | + | 21 (c) Other proof of ownership may accompany a signed or |
---|
| 686 | + | 22 unsigned vehicle title. The bureau may accept a signed vehicle title |
---|
| 687 | + | 23 as other proof of ownership. |
---|
| 688 | + | 24 SECTION 20. IC 9-24-3-2.5, AS AMENDED BY P.L.111-2021, |
---|
| 689 | + | 25 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 690 | + | 26 JULY 1, 2025]: Sec. 2.5. (a) Except as provided in section 3 of this |
---|
| 691 | + | 27 chapter, an individual must satisfy the requirements set forth in one (1) |
---|
| 692 | + | 28 of the following subdivisions to receive a driver's license: |
---|
| 693 | + | 29 (1) The individual meets the following conditions: |
---|
| 694 | + | 30 (A) Is at least sixteen (16) years and ninety (90) days of age. |
---|
| 695 | + | 31 (B) Has held a valid learner's permit for at least one hundred |
---|
| 696 | + | 32 eighty (180) days. |
---|
| 697 | + | 33 (C) Obtains an instructor's certification that the individual has |
---|
| 698 | + | 34 satisfactorily completed an approved driver education course. |
---|
| 699 | + | 35 (D) Passes the required examinations. |
---|
| 700 | + | 36 (E) Completes at least fifty (50) hours of supervised driving |
---|
| 701 | + | 37 practice, of which at least ten (10) hours are nighttime driving, |
---|
| 702 | + | 38 as provided in subsection (b). |
---|
| 703 | + | 39 (2) The individual meets the following conditions: |
---|
| 704 | + | 40 (A) Is at least sixteen (16) years and two hundred seventy |
---|
| 705 | + | 41 (270) days of age. |
---|
| 706 | + | 42 (B) Has held a valid learner's permit for at least one hundred |
---|
| 707 | + | EH 1390—LS 7417/DI 137 16 |
---|
| 708 | + | 1 eighty (180) days. |
---|
| 709 | + | 2 (C) Passes the required examinations. |
---|
| 710 | + | 3 (D) Completes at least fifty (50) hours of supervised driving |
---|
| 711 | + | 4 practice, of which at least ten (10) hours are nighttime driving, |
---|
| 712 | + | 5 as provided in subsection (b). |
---|
| 713 | + | 6 (3) The individual meets the following conditions: |
---|
| 714 | + | 7 (A) Is at least sixteen (16) years and one hundred eighty (180) |
---|
| 715 | + | 8 days of age but less than eighteen (18) years of age. |
---|
| 716 | + | 9 (B) Has previously been a nonresident of Indiana, but, at the |
---|
| 717 | + | 10 time of application, qualifies as an Indiana resident. |
---|
| 718 | + | 11 (C) Has held for at least sixty (60) days a valid driver's license, |
---|
| 719 | + | 12 excluding a learner's permit or the equivalent, in the state or a |
---|
| 720 | + | 13 combination of states in which the individual formerly resided. |
---|
| 721 | + | 14 (D) Passes the required examinations. |
---|
| 722 | + | 15 (4) The individual meets the following conditions: |
---|
| 723 | + | 16 (A) Is at least eighteen (18) years of age. |
---|
| 724 | + | 17 (B) Has previously been a nonresident but, at the time of |
---|
| 725 | + | 18 application, qualifies as an Indiana resident. |
---|
| 726 | + | 19 (C) Held a valid driver's license, excluding a learner's permit |
---|
| 727 | + | 20 or the equivalent, from the state or country of prior residence. |
---|
| 728 | + | 21 (D) Passes the required examinations. |
---|
| 729 | + | 22 (5) The individual meets the following conditions: |
---|
| 730 | + | 23 (A) Is at least eighteen (18) years of age. sixteen (16) years |
---|
| 731 | + | 24 and ninety (90) days of age. |
---|
| 732 | + | 25 (B) Is a person with a disability. |
---|
| 733 | + | 26 (C) Holds an Has held an Indiana learner's permit for at least |
---|
| 734 | + | 27 one hundred eighty (180) days. |
---|
| 735 | + | 28 (D) Has successfully completed driver rehabilitation training |
---|
| 736 | + | 29 by a certified driver rehabilitation specialist recognized by the |
---|
| 737 | + | 30 bureau. |
---|
| 738 | + | 31 (E) Passes the required examinations. |
---|
| 739 | + | 32 (F) Completes at least fifty (50) hours of supervised driving |
---|
| 740 | + | 33 practice, of which at least ten (10) hours are nighttime |
---|
| 741 | + | 34 driving, as provided in subsection (b). |
---|
| 742 | + | 35 (b) An applicant who is required to complete at least fifty (50) hours |
---|
| 743 | + | 36 of supervised practice driving under subsection (a)(1)(E), or (a)(2)(D), |
---|
| 744 | + | 37 or (a)(5)(F) must do the following: |
---|
| 745 | + | 38 (1) If the applicant is less than eighteen (18) years of age, |
---|
| 746 | + | 39 complete the practice driving with: |
---|
| 747 | + | 40 (A) a licensed driver, with valid driving privileges, who is: |
---|
| 748 | + | 41 (i) at least twenty-five (25) years of age; and |
---|
| 749 | + | 42 (ii) related to the applicant by blood, marriage, or legal |
---|
| 750 | + | EH 1390—LS 7417/DI 137 17 |
---|
| 751 | + | 1 status; |
---|
| 752 | + | 2 (B) the spouse of the applicant who is: |
---|
| 753 | + | 3 (i) a licensed driver with valid driving privileges; and |
---|
| 754 | + | 4 (ii) at least twenty-one (21) years of age; or |
---|
| 755 | + | 5 (C) an individual with valid driving privileges who: |
---|
| 756 | + | 6 (i) is licensed as a driver education instructor under |
---|
| 757 | + | 7 IC 9-27-6-8 and is working under the direction of a driver |
---|
| 758 | + | 8 training school described in IC 9-27-6-3(a)(2); or |
---|
| 759 | + | 9 (ii) is a certified driver rehabilitation specialist recognized |
---|
| 760 | + | 10 by the bureau who is employed through a driver |
---|
| 761 | + | 11 rehabilitation program. |
---|
| 762 | + | 12 (2) If the applicant is at least eighteen (18) years of age, complete |
---|
| 763 | + | 13 the driving practice with: |
---|
| 764 | + | 14 (A) a licensed driver, with valid driving privileges, who is at |
---|
| 765 | + | 15 least twenty-five (25) years of age; or |
---|
| 766 | + | 16 (B) the spouse of the applicant who is: |
---|
| 767 | + | 17 (i) a licensed driver with valid driving privileges; and |
---|
| 768 | + | 18 (ii) at least twenty-one (21) years of age. |
---|
| 769 | + | 19 (3) If the applicant is less than eighteen (18) years of age and is |
---|
| 770 | + | 20 under the care and supervision of the department of child |
---|
| 771 | + | 21 services, complete the driving practice with: |
---|
| 772 | + | 22 (A) a licensed driver with valid driving privileges who is: |
---|
| 773 | + | 23 (i) at least twenty-five (25) years of age; and |
---|
| 774 | + | 24 (ii) related to the applicant by blood, marriage, or legal |
---|
| 775 | + | 25 status; |
---|
| 776 | + | 26 (B) a licensed driver with valid driving privileges who is: |
---|
| 777 | + | 27 (i) at least twenty-five (25) years of age; and |
---|
| 778 | + | 28 (ii) approved by the department of child services; or |
---|
| 779 | + | 29 (C) an individual with valid driving privileges who is: |
---|
| 780 | + | 30 (i) licensed as a driver education instructor under |
---|
| 781 | + | 31 IC 9-27-6-8 and is working under the direction of a driver |
---|
| 782 | + | 32 training school described in IC 9-27-6-3(a)(2); or |
---|
| 783 | + | 33 (ii) a certified driver rehabilitation specialist recognized by |
---|
| 784 | + | 34 the bureau who is employed through a driver rehabilitation |
---|
| 785 | + | 35 program. |
---|
| 786 | + | 36 (4) Submit to the commission under IC 9-24-9-2(c) evidence of |
---|
| 787 | + | 37 the time logged in practice driving. |
---|
| 788 | + | 38 SECTION 21. IC 9-24-6.1-5, AS ADDED BY P.L.198-2016, |
---|
| 789 | + | 39 SECTION 452, IS AMENDED TO READ AS FOLLOWS |
---|
| 790 | + | 40 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The bureau may contract with |
---|
| 791 | + | 41 public and private institutions, agencies, businesses, and organizations |
---|
| 792 | + | 42 to conduct testing required to implement the program. A person that |
---|
| 793 | + | EH 1390—LS 7417/DI 137 18 |
---|
| 794 | + | 1 conducts testing under this section may impose, collect, and retain fees |
---|
| 795 | + | 2 for conducting the testing. |
---|
| 796 | + | 3 (b) Fees for testing under this section may be not more than the |
---|
| 797 | + | 4 following: |
---|
| 798 | + | 5 (1) One hundred fifty dollars ($150) per skills exam if: |
---|
| 799 | + | 6 (A) the applicant is an employee of the Indiana department |
---|
| 800 | + | 7 of transportation; or |
---|
| 801 | + | 8 (B) the applicant is a school bus driver. |
---|
| 802 | + | 9 (2) Two hundred dollars ($200) for an initial skills exam. |
---|
| 803 | + | 10 (3) One hundred fifty dollars ($150) for a second skills exam. |
---|
| 804 | + | 11 (4) One hundred dollars ($100) for a third skills exam and any |
---|
| 805 | + | 12 subsequent skills exam. |
---|
| 806 | + | 13 SECTION 22. IC 9-24-6.1-10.5 IS ADDED TO THE INDIANA |
---|
| 807 | + | 14 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 808 | + | 15 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. The bureau shall issue a |
---|
| 809 | + | 16 commercial driver's license to any person who holds a valid |
---|
| 810 | + | 17 commercial driver's license of the same class issued by another |
---|
| 811 | + | 18 state without requiring the person to take a commercial driver's |
---|
| 812 | + | 19 license written exam or skills exam. |
---|
| 813 | + | 20 SECTION 23. IC 9-24-7-7, AS AMENDED BY P.L.85-2013, |
---|
| 814 | + | 21 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 815 | + | 22 JULY 1, 2025]: Sec. 7. The bureau shall publish the following: |
---|
| 816 | + | 23 (1) An online driving guide that may be used by the holder of a |
---|
| 817 | + | 24 learner's permit and the parent of the holder of a learner's permit, |
---|
| 818 | + | 25 if applicable. |
---|
| 819 | + | 26 (2) An online log that must be completed to show evidence of the |
---|
| 820 | + | 27 completion of the hours of supervised practice driving required |
---|
| 821 | + | 28 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D), or |
---|
| 822 | + | 29 IC 9-24-3-2.5(a)(5)(F). |
---|
| 823 | + | 30 SECTION 24. IC 9-24-8.5-2, AS AMENDED BY P.L.141-2024, |
---|
| 824 | + | 31 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 825 | + | 32 JULY 1, 2025]: Sec. 2. (a) A driver's license issued under IC 9-24-3 |
---|
| 826 | + | 33 may include one (1) or more of the following: |
---|
| 827 | + | 34 (1) A motorcycle endorsement under IC 9-24-8-4 (before its |
---|
| 828 | + | 35 expiration) or section 3 of this chapter. |
---|
| 829 | + | 36 (2) A for-hire endorsement under section 5 of this chapter. |
---|
| 830 | + | 37 (b) A commercial driver's license may include one (1) or more of |
---|
| 831 | + | 38 the following: |
---|
| 832 | + | 39 (1) A motorcycle endorsement under IC 9-24-8-4 (before its |
---|
| 833 | + | 40 expiration) or section 3 of this chapter. |
---|
| 834 | + | 41 (2) Except for a hazardous materials endorsement and an |
---|
| 835 | + | 42 intrastate passenger transport endorsement, an endorsement |
---|
| 836 | + | EH 1390—LS 7417/DI 137 19 |
---|
| 837 | + | 1 under IC 9-24-6.1, including under any rules adopted under |
---|
| 838 | + | 2 IC 9-24-6.1, if the applicant is at least twenty-one (21) years of |
---|
| 839 | + | 3 age. |
---|
| 840 | + | 4 (3) A hazardous materials endorsement and an intrastate |
---|
| 841 | + | 5 passenger transport endorsement under IC 9-24-6.1, including |
---|
| 842 | + | 6 under any rules adopted under IC 9-24-6.1, if the applicant is at |
---|
| 843 | + | 7 least eighteen (18) years of age. |
---|
| 844 | + | 8 SECTION 25. IC 9-24-9-2, AS AMENDED BY P.L.141-2024, |
---|
| 845 | + | 9 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 846 | + | 10 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), each |
---|
| 847 | + | 11 application for a driver's license or permit under this chapter must |
---|
| 848 | + | 12 require the following information: |
---|
| 849 | + | 13 (1) The full legal name of the applicant. |
---|
| 850 | + | 14 (2) The applicant's date of birth. |
---|
| 851 | + | 15 (3) The gender of the applicant. |
---|
| 852 | + | 16 (4) The applicant's height, weight, hair color, and eye color. |
---|
| 853 | + | 17 (5) The address of the applicant. |
---|
| 854 | + | 18 (6) A: |
---|
| 855 | + | 19 (A) valid Social Security number; or |
---|
| 856 | + | 20 (B) verification of an applicant's: |
---|
| 857 | + | 21 (i) ineligibility to be issued a Social Security number; |
---|
| 858 | + | 22 (ii) identity; and |
---|
| 859 | + | 23 (iii) lawful status. |
---|
| 860 | + | 24 (7) Whether the applicant has been subject to fainting spells or |
---|
| 861 | + | 25 seizures. |
---|
| 862 | + | 26 (8) Whether the applicant has been issued a driver's license or has |
---|
| 863 | + | 27 been the holder of a permit, and if so, when and by what |
---|
| 864 | + | 28 jurisdiction. |
---|
| 865 | + | 29 (9) Whether the applicant's driver's license or permit has ever |
---|
| 866 | + | 30 been suspended or revoked, and if so, the date of and the reason |
---|
| 867 | + | 31 for the suspension or revocation. |
---|
| 868 | + | 32 (10) Whether the applicant has been convicted of: |
---|
| 869 | + | 33 (A) a crime punishable as a felony under Indiana motor |
---|
| 870 | + | 34 vehicle law; or |
---|
| 871 | + | 35 (B) any other felony in the commission of which a motor |
---|
| 872 | + | 36 vehicle was used; |
---|
| 873 | + | 37 that has not been expunged by a court. |
---|
| 874 | + | 38 (11) Whether the applicant has a physical or mental disability, |
---|
| 875 | + | 39 and if so, the nature of the disability. |
---|
| 876 | + | 40 (12) The signature of the applicant showing the applicant's legal |
---|
| 877 | + | 41 name as it appears or will appear on the driver's license or permit. |
---|
| 878 | + | 42 (13) A digital photograph of the applicant. |
---|
| 879 | + | EH 1390—LS 7417/DI 137 20 |
---|
| 880 | + | 1 (14) Any other information the bureau requires. |
---|
| 881 | + | 2 (b) For purposes of subsection (a), an individual certified as a |
---|
| 882 | + | 3 program participant in the address confidentiality program under |
---|
| 883 | + | 4 IC 5-26.5 is not required to provide the individual's address, but may |
---|
| 884 | + | 5 provide an address designated by the office of the attorney general |
---|
| 885 | + | 6 under IC 5-26.5 as the individual's address. |
---|
| 886 | + | 7 (c) In addition to the information required by subsection (a), an |
---|
| 887 | + | 8 applicant who is required to complete at least fifty (50) hours of |
---|
| 888 | + | 9 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or |
---|
| 889 | + | 10 IC 9-24-3-2.5(a)(2)(D), or IC 9-24-3-2.5(a)(5)(F) must submit to the |
---|
| 890 | + | 11 bureau evidence of the time logged in practice driving. |
---|
| 891 | + | 12 SECTION 26. IC 9-24-12-0.5, AS AMENDED BY P.L.211-2023, |
---|
| 892 | + | 13 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 893 | + | 14 JULY 1, 2025]: Sec. 0.5. (a) A learner's permit issued in the form of a |
---|
| 894 | + | 15 physical credential expires two (2) years after the date of issuance. A |
---|
| 895 | + | 16 learner's permit expires upon the bureau receiving notice of the |
---|
| 896 | + | 17 death of the holder or upon issuance of a subsequent physical |
---|
| 897 | + | 18 credential. |
---|
| 898 | + | 19 (b) A motorcycle learner's permit expires one (1) year after the date |
---|
| 899 | + | 20 of issuance. A motorcycle permit may be renewed one (1) time for a |
---|
| 900 | + | 21 period of one (1) year. An individual who does not obtain a motorcycle |
---|
| 901 | + | 22 endorsement under IC 9-24-8.5 before the expiration of the renewed |
---|
| 902 | + | 23 motorcycle permit may not reapply for a new motorcycle permit for a |
---|
| 903 | + | 24 period of one (1) year after the date of expiration of the renewed |
---|
| 904 | + | 25 motorcycle permit. The bureau may not issue more than three (3) |
---|
| 905 | + | 26 motorcycle learner's permits to an individual within a five (5) year |
---|
| 906 | + | 27 period. A motorcycle learner's permit expires upon the bureau |
---|
| 907 | + | 28 receiving notice of the death of the holder. |
---|
| 908 | + | 29 (c) A commercial learner's permit expires one hundred eighty (180) |
---|
| 909 | + | 30 days after the date of issuance. The bureau may issue not more than |
---|
| 910 | + | 31 three (3) commercial learner's permits to an individual within a |
---|
| 911 | + | 32 twenty-four (24) month period. A commercial learner's permit |
---|
| 912 | + | 33 expires upon the bureau receiving notice of the death of the holder. |
---|
| 913 | + | 34 (d) The fee to renew a permit that expires under this section is the |
---|
| 914 | + | 35 applicable fee to issue the permit under this article. |
---|
| 915 | + | 36 SECTION 27. IC 9-24-12-11, AS AMENDED BY P.L.141-2024, |
---|
| 916 | + | 37 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 917 | + | 38 JULY 1, 2025]: Sec. 11. (a) This section applies to a driver's license |
---|
| 918 | + | 39 other than a commercial driver's license. |
---|
| 919 | + | 40 (b) If the birthday of a holder on which the holder's driver's license |
---|
| 920 | + | 41 would otherwise expire falls on: |
---|
| 921 | + | 42 (1) Sunday; |
---|
| 922 | + | EH 1390—LS 7417/DI 137 21 |
---|
| 923 | + | 1 (2) a legal holiday (as set forth in IC 1-1-9-1); or |
---|
| 924 | + | 2 (3) a weekday when all license branches in the county of |
---|
| 925 | + | 3 residence of the holder are closed; |
---|
| 926 | + | 4 the driver's license of the holder does not expire until midnight of the |
---|
| 927 | + | 5 first day after the birthday on which a license branch is open for |
---|
| 928 | + | 6 business in the county of residence of the holder. |
---|
| 929 | + | 7 (c) A driver's license issued to an applicant who complies with |
---|
| 930 | + | 8 IC 9-24-9-2.5 expires: |
---|
| 931 | + | 9 (1) at midnight one (1) year after issuance if there is no expiration |
---|
| 932 | + | 10 date on the authorization granted to the individual to remain in the |
---|
| 933 | + | 11 United States; or |
---|
| 934 | + | 12 (2) if there is an expiration date on the authorization granted to |
---|
| 935 | + | 13 the individual to remain in the United States, the earlier of the |
---|
196 | | - | 15 (1) Complies with IC 9-18 (before its expiration) or IC 9-18.1. |
---|
197 | | - | 16 (2) Pays any additional fee associated with a license plate |
---|
198 | | - | 17 described in section 1(b) of this chapter. |
---|
199 | | - | 18 (3) Pays a fee of forty-five dollars ($45) each for an alternative |
---|
200 | | - | 19 design or color scheme under section 2(a) of this chapter or a |
---|
201 | | - | 20 personalized license plate message under section 2(b) of this |
---|
202 | | - | 21 chapter. The fee shall be distributed as follows: |
---|
203 | | - | 22 (A) Four dollars ($4) to the crossroads 2000 fund. |
---|
204 | | - | 23 (B) Seven dollars ($7) to the motor vehicle highway account. |
---|
205 | | - | 24 (C) Thirty-four dollars ($34) to the commission fund. |
---|
206 | | - | 25 Upon the payment of the fee, the bureau shall issue a receipt. |
---|
207 | | - | 26 SECTION 7. IC 9-18.5-2-9, AS ADDED BY P.L.198-2016, |
---|
208 | | - | 27 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
209 | | - | 28 [EFFECTIVE JULY 1, 2025]: Sec. 9. If a person that applies for a |
---|
210 | | - | 29 personalized license plate under this chapter with a given |
---|
211 | | - | 30 configuration of letters or numbers is not able to obtain the license |
---|
212 | | - | 31 plate requested or a satisfactory alternative configuration, the bureau |
---|
213 | | - | 32 shall refund the entire personalized license plate fee associated with |
---|
214 | | - | 33 the personalized license plate message under section 8(3) of this |
---|
215 | | - | 34 chapter to the person. However, a refund of a personalized license plate |
---|
216 | | - | 35 fee may not be made when the person that applies for the personalized |
---|
217 | | - | 36 license plate cancels the request. |
---|
218 | | - | 37 SECTION 8. IC 9-18.5-12-3, AS ADDED BY P.L.198-2016, |
---|
219 | | - | 38 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
220 | | - | 39 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A special group that seeks |
---|
221 | | - | 40 initial participation in the special group recognition license plate |
---|
222 | | - | 41 program must submit a completed application to the bureau not later |
---|
223 | | - | 42 than April 1 for potential issuance in the following year. The |
---|
224 | | - | EH 1390—LS 7417/DI 137 5 |
---|
225 | | - | 1 application must contain the following: |
---|
226 | | - | 2 (1) The name and address of the resident agent of the special |
---|
227 | | - | 3 group. |
---|
228 | | - | 4 (2) Evidence of governance by a board of directors consisting of |
---|
229 | | - | 5 at least five (5) members, a majority of whom are outside |
---|
230 | | - | 6 directors, who meet at least semiannually to establish policy for |
---|
231 | | - | 7 the special group and review the accomplishments of the special |
---|
232 | | - | 8 group. |
---|
233 | | - | 9 (3) A copy of the: |
---|
234 | | - | 10 (A) ethics statement; |
---|
235 | | - | 11 (B) constitution and bylaws; and |
---|
236 | | - | 12 (C) articles of incorporation as an entity that is exempt from |
---|
237 | | - | 13 federal income taxation under Section 501(c) of the Internal |
---|
238 | | - | 14 Revenue Code; |
---|
239 | | - | 15 of the special group. |
---|
240 | | - | 16 (4) Copies of the last three (3) consecutive: |
---|
241 | | - | 17 (A) annual reports; and |
---|
242 | | - | 18 (B) annual generally accepted auditing standards or |
---|
243 | | - | 19 government auditing standards audits; |
---|
244 | | - | 20 of the special group. |
---|
245 | | - | 21 (5) Evidence of appropriate use of resources and compliance with |
---|
246 | | - | 22 federal and state laws, including evidence of appropriate |
---|
247 | | - | 23 management and internal controls in order to ensure: |
---|
248 | | - | 24 (A) compliance with law; |
---|
249 | | - | 25 (B) that finances are used in compliance with the purpose |
---|
250 | | - | 26 statement of the special group; and |
---|
251 | | - | 27 (C) maintenance as an entity that is exempt from taxation |
---|
252 | | - | 28 under Section 501(c) of the Internal Revenue Code. |
---|
253 | | - | 29 (6) Evidence of transparency of financial and operational |
---|
254 | | - | 30 activities to include availability of current financial statements at |
---|
255 | | - | 31 any time upon the request of the bureau or a donor to the special |
---|
256 | | - | 32 group. |
---|
257 | | - | 33 (7) Evidence of internal controls to prevent conflict of interest by |
---|
258 | | - | 34 board members and employees. |
---|
259 | | - | 35 (8) A petition with the dated signatures of at least five hundred |
---|
260 | | - | 36 (500) one thousand (1,000) residents of Indiana, obtained |
---|
261 | | - | 37 during a single calendar year, who pledge to purchase the |
---|
262 | | - | 38 special group recognition license plate. |
---|
263 | | - | 39 (9) A statement of the designated use of any annual fee to be |
---|
264 | | - | 40 collected by the bureau. |
---|
265 | | - | 41 (10) A copy of a certified motion passed by the board of directors |
---|
266 | | - | 42 of the special group requesting that the special group recognition |
---|
267 | | - | EH 1390—LS 7417/DI 137 6 |
---|
268 | | - | 1 license plate be issued by the bureau and stating the designated |
---|
269 | | - | 2 use of any annual fee to be collected by the bureau. |
---|
270 | | - | 3 (11) Evidence of statewide public benefit from the special group. |
---|
271 | | - | 4 (12) Evidence of statewide public benefit from the use of the |
---|
272 | | - | 5 annual fee collected by the bureau. |
---|
273 | | - | 6 (13) Evidence that the special group's use of the annual fee to be |
---|
274 | | - | 7 collected by the bureau and the organizational purpose statement |
---|
275 | | - | 8 of the special group conform with at least one (1) of the following |
---|
276 | | - | 9 categories: |
---|
277 | | - | 10 (A) Direct health care or medical research. |
---|
278 | | - | 11 (B) Fraternal or service organizations. |
---|
279 | | - | 12 (C) Government and quasi-government. For purposes of this |
---|
280 | | - | 13 clause, a special group that designates the use of the fees |
---|
281 | | - | 14 collected for deposit in the capital projects fund established by |
---|
282 | | - | 15 IC 9-18.5-28-5(a) is considered to have a quasi-government |
---|
283 | | - | 16 purpose. |
---|
284 | | - | 17 (D) Military and veterans' affairs. |
---|
285 | | - | 18 (E) Public and transportation safety. |
---|
286 | | - | 19 (F) A state educational institution (as defined in |
---|
287 | | - | 20 IC 21-7-13-32) or an approved postsecondary educational |
---|
288 | | - | 21 institution (as defined in IC 21-7-13-6) for scholarships for |
---|
289 | | - | 22 Indiana residents. |
---|
290 | | - | 23 (G) Agriculture, animals, and environment. |
---|
291 | | - | 24 (14) Evidence that the organization has prohibitions and internal |
---|
292 | | - | 25 controls prohibiting advocacy of the following: |
---|
293 | | - | 26 (A) Violation of federal or state law. |
---|
294 | | - | 27 (B) Violation of generally accepted ethical standards or |
---|
295 | | - | 28 societal behavioral standards. |
---|
296 | | - | 29 (C) Individual political candidates. |
---|
297 | | - | 30 (b) The bureau shall review the application for a special group |
---|
298 | | - | 31 recognition license plate that has been submitted to the bureau under |
---|
299 | | - | 32 subsection (a). Upon satisfaction to the bureau of the completeness of |
---|
300 | | - | 33 the information in the application, the bureau shall forward the |
---|
301 | | - | 34 application to the executive director of the legislative services agency |
---|
302 | | - | 35 in an electronic format under IC 5-14-6 for review by the committee. |
---|
303 | | - | 36 SECTION 9. IC 9-18.5-12-13, AS AMENDED BY P.L.118-2022, |
---|
304 | | - | 37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
305 | | - | 38 JULY 1, 2025]: Sec. 13. (a) In order to continue participation in the |
---|
306 | | - | 39 special group recognition license plate program, a special group must: |
---|
307 | | - | 40 (1) sell at least: |
---|
308 | | - | 41 (A) for a special group recognition license plate issued |
---|
309 | | - | 42 before January 1, 2026, five hundred (500) special group |
---|
310 | | - | EH 1390—LS 7417/DI 137 7 |
---|
311 | | - | 1 recognition license plates of the special group; and |
---|
312 | | - | 2 (B) for a special group recognition license plate issued after |
---|
313 | | - | 3 December 31, 2025, one thousand (1,000) special group |
---|
314 | | - | 4 recognition license plates of the special group; |
---|
315 | | - | 5 in the first two (2) years in which the license plate is offered for |
---|
316 | | - | 6 sale; and |
---|
317 | | - | 7 (2) maintain the sale or renewal of at least: |
---|
318 | | - | 8 (A) for a special group recognition license plate issued |
---|
319 | | - | 9 before January 1, 2026, five hundred (500) special group |
---|
320 | | - | 10 recognition license plates; and |
---|
321 | | - | 11 (B) for a special group recognition license plate issued after |
---|
322 | | - | 12 December 31, 2025, one thousand (1,000) special group |
---|
323 | | - | 13 recognition license plates; |
---|
324 | | - | 14 during each subsequent year after the initial two (2) year period |
---|
325 | | - | 15 of sale. |
---|
326 | | - | 16 (b) If the special group fails to sell or renew special group |
---|
327 | | - | 17 recognition license plates in the manner provided in subsection (a), the |
---|
328 | | - | 18 bureau shall place the issuance of the special group recognition license |
---|
329 | | - | 19 plates for the special group on probation for the subsequent year. If, in |
---|
330 | | - | 20 that subsequent year on probation, the special group fails to sell or |
---|
331 | | - | 21 renew at least five hundred (500) the number of special group |
---|
332 | | - | 22 recognition license plates required under subsection (a), the bureau |
---|
333 | | - | 23 shall terminate the participation of the special group in the special |
---|
334 | | - | 24 group recognition license plate program. If the special group sells or |
---|
335 | | - | 25 renews at least five hundred (500) the number of special group |
---|
336 | | - | 26 recognition license plates required under subsection (a) in the year |
---|
337 | | - | 27 on probation, the participation of the special group in the special group |
---|
338 | | - | 28 recognition license plate program is continued. A special group shall |
---|
339 | | - | 29 be afforded only one (1) probationary period under this subsection. |
---|
340 | | - | 30 (c) The bureau may terminate the participation of a special group in |
---|
341 | | - | 31 the special group recognition license plate program if the special |
---|
342 | | - | 32 group: |
---|
343 | | - | 33 (1) ceases operations; or |
---|
344 | | - | 34 (2) fails to use the annual fee collected by the bureau in a manner |
---|
345 | | - | 35 consistent with the statement submitted by the special group |
---|
346 | | - | 36 under section 3(a)(9) of this chapter. |
---|
347 | | - | 37 (d) A special group that desires to participate in the special group |
---|
348 | | - | 38 recognition license plate program after termination by the bureau under |
---|
349 | | - | 39 this section: |
---|
350 | | - | 40 (1) must follow the procedure set forth in section 3 of this |
---|
351 | | - | 41 chapter; and |
---|
352 | | - | 42 (2) may not reapply to participate in the special group recognition |
---|
353 | | - | EH 1390—LS 7417/DI 137 8 |
---|
354 | | - | 1 license plate program for at least two (2) years after termination. |
---|
355 | | - | 2 (e) Upon termination under this section of a special group's |
---|
356 | | - | 3 participation in the special group recognition license plate program, the |
---|
357 | | - | 4 bureau shall distribute any money remaining in the trust fund |
---|
358 | | - | 5 established under section 14 of this chapter for the special group to the |
---|
359 | | - | 6 state general fund. |
---|
360 | | - | 7 SECTION 10. IC 9-20-9-1, AS AMENDED BY P.L.12-2013, |
---|
361 | | - | 8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
362 | | - | 9 JULY 1, 2025]: Sec. 1. (a) As used in this section, "drive away or tow |
---|
363 | | - | 10 away" means the delivery service performed by a transport operator by |
---|
364 | | - | 11 which motor vehicles in transit are delivered by driving singly or in |
---|
365 | | - | 12 combination by the towbar, saddlemount, or fullmount methods or any |
---|
366 | | - | 13 lawful combination of those methods, including coupling equipment or |
---|
367 | | - | 14 where a truck or tractor draws or tows a semitrailer or trailer in transit. |
---|
368 | | - | 15 (b) A combination of two (2) vehicles coupled together, including |
---|
369 | | - | 16 load, may not exceed a total length of sixty (60) feet, except for the |
---|
370 | | - | 17 following: |
---|
371 | | - | 18 (1) A combination of two (2) vehicles coupled together that are |
---|
372 | | - | 19 especially constructed to transport other vehicles or boats. This |
---|
373 | | - | 20 exception includes any combination of a truck, tractor, |
---|
374 | | - | 21 semitrailer, and trailer if the combination is used exclusively or |
---|
375 | | - | 22 primarily in connection with motorsports. |
---|
376 | | - | 23 (2) A combination of two (2) vehicles coupled together being |
---|
377 | | - | 24 transported in a drive away or tow away service. |
---|
378 | | - | 25 (3) A pole trailer owned by or operated for a public utility (as |
---|
379 | | - | 26 defined in IC 8-1-2-1), while the pole trailer is being used in |
---|
380 | | - | 27 connection with the utility services of the public utility. |
---|
381 | | - | 28 (4) Trailers used in transporting oil field equipment or pipe for the |
---|
382 | | - | 29 transmission of oil or gas. |
---|
383 | | - | 30 (5) Construction vehicles with a towbar connection used in |
---|
384 | | - | 31 connection with a trailer used to haul heavy equipment. |
---|
385 | | - | 32 SECTION 11. IC 9-21-9-2 IS AMENDED TO READ AS |
---|
386 | | - | 33 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. Whenever a vehicle |
---|
387 | | - | 34 is moved, operated, or driven on a highway that is open for vehicular |
---|
388 | | - | 35 travel, the vehicle shall display a triangular slow moving vehicle |
---|
389 | | - | 36 emblem mounted as near as is practicable to the center of mass and at |
---|
390 | | - | 37 an approximate height of not less than three (3) two (2) and not more |
---|
391 | | - | 38 than five (5) ten (10) feet from level ground or pavement surface. The |
---|
392 | | - | 39 emblem shall be mounted so as to be entirely visible from the rear, day |
---|
393 | | - | 40 or night. The emblem and the emblem's position of mounting on the |
---|
394 | | - | 41 vehicle must meet the specifications established by rules adopted by |
---|
395 | | - | 42 the Indiana criminal justice institute. substantially adhere to the |
---|
396 | | - | EH 1390—LS 7417/DI 137 9 |
---|
397 | | - | 1 recommendations of the: |
---|
398 | | - | 2 (1) American Society of Agricultural and Biological |
---|
399 | | - | 3 Engineers; |
---|
400 | | - | 4 (2) American National Standards Institute; and |
---|
401 | | - | 5 (3) Society of Automotive Engineers. |
---|
402 | | - | 6 SECTION 12. IC 9-21-9-5 IS REPEALED [EFFECTIVE JULY 1, |
---|
403 | | - | 7 2025]. Sec. 5. (a) The Indiana criminal justice institute shall adopt rules |
---|
404 | | - | 8 under IC 4-22-2 establishing standards and specifications for the |
---|
405 | | - | 9 design, materials, and mounting of a standard slow moving vehicle |
---|
406 | | - | 10 emblem for the uniform identification of slow moving vehicles. |
---|
407 | | - | 11 (b) In adopting rules under subsection (a), the Indiana criminal |
---|
408 | | - | 12 justice institute shall substantially adhere to the current |
---|
409 | | - | 13 recommendations of the American Society of Agricultural Engineers, |
---|
410 | | - | 14 the American National Standards Institute, and the Society of |
---|
411 | | - | 15 Automotive Engineers so that the slow moving vehicle emblem may be |
---|
412 | | - | 16 more universally recognizable and of adequate quality. |
---|
413 | | - | 17 (c) The Indiana criminal justice institute shall adopt revisions to the |
---|
414 | | - | 18 standards and specifications adopted as required under subsection (a) |
---|
415 | | - | 19 as amendments are made to the recommendations of the American |
---|
416 | | - | 20 Society of Agricultural Engineers, the American National Standards |
---|
417 | | - | 21 Institute, and the Society of Automotive Engineers regarding the slow |
---|
418 | | - | 22 moving vehicle emblem. |
---|
419 | | - | 23 SECTION 13. IC 9-22-3-4.1, AS ADDED BY P.L.198-2016, |
---|
420 | | - | 24 SECTION 385, IS AMENDED TO READ AS FOLLOWS |
---|
421 | | - | 25 [EFFECTIVE JULY 1, 2025]: Sec. 4.1. (a) This section applies to a |
---|
422 | | - | 26 vehicle: |
---|
423 | | - | 27 (1) for which an insurance company has made and paid an agreed |
---|
424 | | - | 28 settlement; and |
---|
425 | | - | 29 (2) that meets at least one (1) of the criteria set forth in section 3 |
---|
426 | | - | 30 of this chapter. |
---|
427 | | - | 31 (b) A person that owns or holds a lien upon a vehicle described in |
---|
428 | | - | 32 subsection (a) shall assign the certificate of title to the insurance |
---|
429 | | - | 33 company described in subsection (a) not more than thirty (30) days |
---|
430 | | - | 34 after the date of settlement. An assignment under this subsection |
---|
431 | | - | 35 does not require notarization and may be signed electronically. |
---|
432 | | - | 36 (c) The insurance company shall: |
---|
433 | | - | 37 (1) apply to the bureau within forty-five (45) days after receipt of |
---|
434 | | - | 38 the certificate of title for a certificate of salvage title for each |
---|
435 | | - | 39 vehicle subject to this chapter; and |
---|
436 | | - | 40 (2) if in the possession of the insurance company, surrender |
---|
437 | | - | 41 the: |
---|
438 | | - | 42 (A) certificate of title, signed or unsigned; or |
---|
439 | | - | EH 1390—LS 7417/DI 137 10 |
---|
440 | | - | 1 (B) other proof of ownership; |
---|
441 | | - | 2 to the bureau; and or other proof of ownership to the bureau and |
---|
442 | | - | 3 pay a salvage title fee of four dollars ($4). The fee shall be |
---|
443 | | - | 4 deposited in the motor vehicle highway account. |
---|
444 | | - | 5 (3) pay a salvage title fee of four dollars ($4). The fee shall be |
---|
445 | | - | 6 deposited in the motor vehicle highway account. |
---|
446 | | - | 7 (d) After the bureau has received the items set forth in subsection |
---|
447 | | - | 8 (c)(2) and (c)(3), the bureau shall issue a certificate of salvage title for |
---|
448 | | - | 9 a vehicle to: |
---|
449 | | - | 10 (1) the owner, if the owner retains possession of the vehicle as |
---|
450 | | - | 11 part of an agreed settlement with an insurance company for the |
---|
451 | | - | 12 vehicle; or |
---|
452 | | - | 13 (2) the insurance company, if the owner does not retain |
---|
453 | | - | 14 possession. |
---|
454 | | - | 15 (e) Except as provided in section 4.4 of this chapter, a person that |
---|
455 | | - | 16 violates this section commits a Class D infraction. |
---|
456 | | - | 17 SECTION 14. IC 9-22-3-4.2, AS ADDED BY P.L.198-2016, |
---|
457 | | - | 18 SECTION 386, IS AMENDED TO READ AS FOLLOWS |
---|
458 | | - | 19 [EFFECTIVE JULY 1, 2025]: Sec. 4.2. (a) A self-insured entity that |
---|
459 | | - | 20 owns a vehicle that meets at least one (1) of the criteria set forth in |
---|
460 | | - | 21 section 3 of this chapter shall apply to the bureau within forty-five (45) |
---|
461 | | - | 22 days after the date of loss for a certificate of salvage title in the name |
---|
462 | | - | 23 of the self-insured entity's name. |
---|
463 | | - | 24 (b) Any other person acquiring a wrecked or damaged vehicle that |
---|
464 | | - | 25 meets at least one (1) of the criteria set forth in section 3 of this |
---|
465 | | - | 26 chapter, which acquisition is not evidenced by a certificate of salvage |
---|
466 | | - | 27 title, shall apply to the bureau within forty-five (45) days after |
---|
467 | | - | 28 acquiring the vehicle for a certificate of salvage title. |
---|
468 | | - | 29 (c) The bureau shall issue a certificate of salvage title as proof of |
---|
469 | | - | 30 ownership for a salvage vehicle when the acquiring person does the |
---|
470 | | - | 31 following: |
---|
471 | | - | 32 (1) Makes a proper application in the manner and form prescribed |
---|
472 | | - | 33 by the bureau. |
---|
473 | | - | 34 (2) Pays a salvage title fee of four dollars ($4). The fee shall be |
---|
474 | | - | 35 deposited in the motor vehicle highway account. |
---|
475 | | - | 36 (3) If in the possession of the acquiring person, surrenders the |
---|
476 | | - | 37 vehicle's original certificate of title or other proof of ownership. |
---|
477 | | - | 38 as determined by the bureau. |
---|
478 | | - | 39 (d) Except as provided in section 4.4 of this chapter, a person that |
---|
479 | | - | 40 violates this section commits a Class D infraction. |
---|
480 | | - | 41 SECTION 15. IC 9-22-3-4.4, AS ADDED BY P.L.198-2016, |
---|
481 | | - | 42 SECTION 388, IS AMENDED TO READ AS FOLLOWS |
---|
482 | | - | EH 1390—LS 7417/DI 137 11 |
---|
483 | | - | 1 [EFFECTIVE JULY 1, 2025]: Sec. 4.4. (a) For purposes of sections |
---|
484 | | - | 2 4.1, 4.2, and 4.3 of this chapter, "other proof of ownership" with respect |
---|
485 | | - | 3 to a vehicle includes the following items that contain the physical or |
---|
486 | | - | 4 electronic signature of the owner, with or without notarization: |
---|
487 | | - | 5 (1) A document granting an insurance company a limited power |
---|
488 | | - | 6 of attorney. |
---|
489 | | - | 7 (2) An affidavit transferring title to an insurance company. |
---|
490 | | - | 8 (3) Another document authorizing an insurance company to |
---|
491 | | - | 9 assign ownership of the motor vehicle. |
---|
492 | | - | 10 (b) A person that violates section 4.1, 4.2, or 4.3 of this chapter by |
---|
493 | | - | 11 knowingly or intentionally submitting a fraudulent document or |
---|
494 | | - | 12 affidavit described in subsection (a) commits a Class A infraction. |
---|
495 | | - | 13 (c) Other proof of ownership may accompany a signed or |
---|
496 | | - | 14 unsigned vehicle title. The bureau may accept a signed vehicle title |
---|
497 | | - | 15 as other proof of ownership. |
---|
498 | | - | 16 SECTION 16. IC 9-24-3-2.5, AS AMENDED BY P.L.111-2021, |
---|
499 | | - | 17 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
500 | | - | 18 JULY 1, 2025]: Sec. 2.5. (a) Except as provided in section 3 of this |
---|
501 | | - | 19 chapter, an individual must satisfy the requirements set forth in one (1) |
---|
502 | | - | 20 of the following subdivisions to receive a driver's license: |
---|
503 | | - | 21 (1) The individual meets the following conditions: |
---|
504 | | - | 22 (A) Is at least sixteen (16) years and ninety (90) days of age. |
---|
505 | | - | 23 (B) Has held a valid learner's permit for at least one hundred |
---|
506 | | - | 24 eighty (180) days. |
---|
507 | | - | 25 (C) Obtains an instructor's certification that the individual has |
---|
508 | | - | 26 satisfactorily completed an approved driver education course. |
---|
509 | | - | 27 (D) Passes the required examinations. |
---|
510 | | - | 28 (E) Completes at least fifty (50) hours of supervised driving |
---|
511 | | - | 29 practice, of which at least ten (10) hours are nighttime driving, |
---|
512 | | - | 30 as provided in subsection (b). |
---|
513 | | - | 31 (2) The individual meets the following conditions: |
---|
514 | | - | 32 (A) Is at least sixteen (16) years and two hundred seventy |
---|
515 | | - | 33 (270) days of age. |
---|
516 | | - | 34 (B) Has held a valid learner's permit for at least one hundred |
---|
517 | | - | 35 eighty (180) days. |
---|
518 | | - | 36 (C) Passes the required examinations. |
---|
519 | | - | 37 (D) Completes at least fifty (50) hours of supervised driving |
---|
520 | | - | 38 practice, of which at least ten (10) hours are nighttime driving, |
---|
521 | | - | 39 as provided in subsection (b). |
---|
522 | | - | 40 (3) The individual meets the following conditions: |
---|
523 | | - | 41 (A) Is at least sixteen (16) years and one hundred eighty (180) |
---|
524 | | - | 42 days of age but less than eighteen (18) years of age. |
---|
525 | | - | EH 1390—LS 7417/DI 137 12 |
---|
526 | | - | 1 (B) Has previously been a nonresident of Indiana, but, at the |
---|
527 | | - | 2 time of application, qualifies as an Indiana resident. |
---|
528 | | - | 3 (C) Has held for at least sixty (60) days a valid driver's license, |
---|
529 | | - | 4 excluding a learner's permit or the equivalent, in the state or a |
---|
530 | | - | 5 combination of states in which the individual formerly resided. |
---|
531 | | - | 6 (D) Passes the required examinations. |
---|
532 | | - | 7 (4) The individual meets the following conditions: |
---|
533 | | - | 8 (A) Is at least eighteen (18) years of age. |
---|
534 | | - | 9 (B) Has previously been a nonresident but, at the time of |
---|
535 | | - | 10 application, qualifies as an Indiana resident. |
---|
536 | | - | 11 (C) Held a valid driver's license, excluding a learner's permit |
---|
537 | | - | 12 or the equivalent, from the state or country of prior residence. |
---|
538 | | - | 13 (D) Passes the required examinations. |
---|
539 | | - | 14 (5) The individual meets the following conditions: |
---|
540 | | - | 15 (A) Is at least eighteen (18) years of age. sixteen (16) years |
---|
541 | | - | 16 and ninety (90) days of age. |
---|
542 | | - | 17 (B) Is a person with a disability. |
---|
543 | | - | 18 (C) Holds an Has held an Indiana learner's permit for at least |
---|
544 | | - | 19 one hundred eighty (180) days. |
---|
545 | | - | 20 (D) Has successfully completed driver rehabilitation training |
---|
546 | | - | 21 by a certified driver rehabilitation specialist recognized by the |
---|
547 | | - | 22 bureau. |
---|
548 | | - | 23 (E) Passes the required examinations. |
---|
549 | | - | 24 (F) Completes at least fifty (50) hours of supervised driving |
---|
550 | | - | 25 practice, of which at least ten (10) hours are nighttime |
---|
551 | | - | 26 driving, as provided in subsection (b). |
---|
552 | | - | 27 (b) An applicant who is required to complete at least fifty (50) hours |
---|
553 | | - | 28 of supervised practice driving under subsection (a)(1)(E), or (a)(2)(D), |
---|
554 | | - | 29 or (a)(5)(F) must do the following: |
---|
555 | | - | 30 (1) If the applicant is less than eighteen (18) years of age, |
---|
556 | | - | 31 complete the practice driving with: |
---|
557 | | - | 32 (A) a licensed driver, with valid driving privileges, who is: |
---|
558 | | - | 33 (i) at least twenty-five (25) years of age; and |
---|
559 | | - | 34 (ii) related to the applicant by blood, marriage, or legal |
---|
560 | | - | 35 status; |
---|
561 | | - | 36 (B) the spouse of the applicant who is: |
---|
562 | | - | 37 (i) a licensed driver with valid driving privileges; and |
---|
563 | | - | 38 (ii) at least twenty-one (21) years of age; or |
---|
564 | | - | 39 (C) an individual with valid driving privileges who: |
---|
565 | | - | 40 (i) is licensed as a driver education instructor under |
---|
566 | | - | 41 IC 9-27-6-8 and is working under the direction of a driver |
---|
567 | | - | 42 training school described in IC 9-27-6-3(a)(2); or |
---|
568 | | - | EH 1390—LS 7417/DI 137 13 |
---|
569 | | - | 1 (ii) is a certified driver rehabilitation specialist recognized |
---|
570 | | - | 2 by the bureau who is employed through a driver |
---|
571 | | - | 3 rehabilitation program. |
---|
572 | | - | 4 (2) If the applicant is at least eighteen (18) years of age, complete |
---|
573 | | - | 5 the driving practice with: |
---|
574 | | - | 6 (A) a licensed driver, with valid driving privileges, who is at |
---|
575 | | - | 7 least twenty-five (25) years of age; or |
---|
576 | | - | 8 (B) the spouse of the applicant who is: |
---|
577 | | - | 9 (i) a licensed driver with valid driving privileges; and |
---|
578 | | - | 10 (ii) at least twenty-one (21) years of age. |
---|
579 | | - | 11 (3) If the applicant is less than eighteen (18) years of age and is |
---|
580 | | - | 12 under the care and supervision of the department of child |
---|
581 | | - | 13 services, complete the driving practice with: |
---|
582 | | - | 14 (A) a licensed driver with valid driving privileges who is: |
---|
583 | | - | 15 (i) at least twenty-five (25) years of age; and |
---|
584 | | - | 16 (ii) related to the applicant by blood, marriage, or legal |
---|
585 | | - | 17 status; |
---|
586 | | - | 18 (B) a licensed driver with valid driving privileges who is: |
---|
587 | | - | 19 (i) at least twenty-five (25) years of age; and |
---|
588 | | - | 20 (ii) approved by the department of child services; or |
---|
589 | | - | 21 (C) an individual with valid driving privileges who is: |
---|
590 | | - | 22 (i) licensed as a driver education instructor under |
---|
591 | | - | 23 IC 9-27-6-8 and is working under the direction of a driver |
---|
592 | | - | 24 training school described in IC 9-27-6-3(a)(2); or |
---|
593 | | - | 25 (ii) a certified driver rehabilitation specialist recognized by |
---|
594 | | - | 26 the bureau who is employed through a driver rehabilitation |
---|
595 | | - | 27 program. |
---|
596 | | - | 28 (4) Submit to the commission under IC 9-24-9-2(c) evidence of |
---|
597 | | - | 29 the time logged in practice driving. |
---|
598 | | - | 30 SECTION 17. IC 9-24-6.1-5, AS ADDED BY P.L.198-2016, |
---|
599 | | - | 31 SECTION 452, IS AMENDED TO READ AS FOLLOWS |
---|
600 | | - | 32 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The bureau may contract with |
---|
601 | | - | 33 public and private institutions, agencies, businesses, and organizations |
---|
602 | | - | 34 to conduct testing required to implement the program. A person that |
---|
603 | | - | 35 conducts testing under this section may impose, collect, and retain fees |
---|
604 | | - | 36 for conducting the testing. |
---|
605 | | - | 37 (b) Fees for testing under this section may be not more than the |
---|
606 | | - | 38 following: |
---|
607 | | - | 39 (1) One hundred fifty dollars ($150) per skills exam if: |
---|
608 | | - | 40 (A) the applicant is an employee of the Indiana department |
---|
609 | | - | 41 of transportation; or |
---|
610 | | - | 42 (B) the applicant is a school bus driver. |
---|
611 | | - | EH 1390—LS 7417/DI 137 14 |
---|
612 | | - | 1 (2) Two hundred dollars ($200) for an initial skills exam. |
---|
613 | | - | 2 (3) One hundred fifty dollars ($150) for a second skills exam. |
---|
614 | | - | 3 (4) One hundred dollars ($100) for a third skills exam and any |
---|
615 | | - | 4 subsequent skills exam. |
---|
616 | | - | 5 SECTION 18. IC 9-24-7-7, AS AMENDED BY P.L.85-2013, |
---|
617 | | - | 6 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
618 | | - | 7 JULY 1, 2025]: Sec. 7. The bureau shall publish the following: |
---|
619 | | - | 8 (1) An online driving guide that may be used by the holder of a |
---|
620 | | - | 9 learner's permit and the parent of the holder of a learner's permit, |
---|
621 | | - | 10 if applicable. |
---|
622 | | - | 11 (2) An online log that must be completed to show evidence of the |
---|
623 | | - | 12 completion of the hours of supervised practice driving required |
---|
624 | | - | 13 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D), or |
---|
625 | | - | 14 IC 9-24-3-2.5(a)(5)(F). |
---|
626 | | - | 15 SECTION 19. IC 9-24-8.5-2, AS AMENDED BY P.L.141-2024, |
---|
627 | | - | 16 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
628 | | - | 17 JULY 1, 2025]: Sec. 2. (a) A driver's license issued under IC 9-24-3 |
---|
629 | | - | 18 may include one (1) or more of the following: |
---|
630 | | - | 19 (1) A motorcycle endorsement under IC 9-24-8-4 (before its |
---|
631 | | - | 20 expiration) or section 3 of this chapter. |
---|
632 | | - | 21 (2) A for-hire endorsement under section 5 of this chapter. |
---|
633 | | - | 22 (b) A commercial driver's license may include one (1) or more of |
---|
634 | | - | 23 the following: |
---|
635 | | - | 24 (1) A motorcycle endorsement under IC 9-24-8-4 (before its |
---|
636 | | - | 25 expiration) or section 3 of this chapter. |
---|
637 | | - | 26 (2) Except for a hazardous materials endorsement and an |
---|
638 | | - | 27 intrastate passenger transport endorsement, an endorsement |
---|
639 | | - | 28 under IC 9-24-6.1, including under any rules adopted under |
---|
640 | | - | 29 IC 9-24-6.1, if the applicant is at least twenty-one (21) years of |
---|
641 | | - | 30 age. |
---|
642 | | - | 31 (3) A hazardous materials endorsement and an intrastate |
---|
643 | | - | 32 passenger transport endorsement under IC 9-24-6.1, including |
---|
644 | | - | 33 under any rules adopted under IC 9-24-6.1, if the applicant is at |
---|
645 | | - | 34 least eighteen (18) years of age. |
---|
646 | | - | 35 SECTION 20. IC 9-24-9-2, AS AMENDED BY P.L.141-2024, |
---|
647 | | - | 36 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
648 | | - | 37 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), each |
---|
649 | | - | 38 application for a driver's license or permit under this chapter must |
---|
650 | | - | 39 require the following information: |
---|
651 | | - | 40 (1) The full legal name of the applicant. |
---|
652 | | - | 41 (2) The applicant's date of birth. |
---|
653 | | - | 42 (3) The gender of the applicant. |
---|
654 | | - | EH 1390—LS 7417/DI 137 15 |
---|
655 | | - | 1 (4) The applicant's height, weight, hair color, and eye color. |
---|
656 | | - | 2 (5) The address of the applicant. |
---|
657 | | - | 3 (6) A: |
---|
658 | | - | 4 (A) valid Social Security number; or |
---|
659 | | - | 5 (B) verification of an applicant's: |
---|
660 | | - | 6 (i) ineligibility to be issued a Social Security number; |
---|
661 | | - | 7 (ii) identity; and |
---|
662 | | - | 8 (iii) lawful status. |
---|
663 | | - | 9 (7) Whether the applicant has been subject to fainting spells or |
---|
664 | | - | 10 seizures. |
---|
665 | | - | 11 (8) Whether the applicant has been issued a driver's license or has |
---|
666 | | - | 12 been the holder of a permit, and if so, when and by what |
---|
667 | | - | 13 jurisdiction. |
---|
668 | | - | 14 (9) Whether the applicant's driver's license or permit has ever |
---|
669 | | - | 15 been suspended or revoked, and if so, the date of and the reason |
---|
670 | | - | 16 for the suspension or revocation. |
---|
671 | | - | 17 (10) Whether the applicant has been convicted of: |
---|
672 | | - | 18 (A) a crime punishable as a felony under Indiana motor |
---|
673 | | - | 19 vehicle law; or |
---|
674 | | - | 20 (B) any other felony in the commission of which a motor |
---|
675 | | - | 21 vehicle was used; |
---|
676 | | - | 22 that has not been expunged by a court. |
---|
677 | | - | 23 (11) Whether the applicant has a physical or mental disability, |
---|
678 | | - | 24 and if so, the nature of the disability. |
---|
679 | | - | 25 (12) The signature of the applicant showing the applicant's legal |
---|
680 | | - | 26 name as it appears or will appear on the driver's license or permit. |
---|
681 | | - | 27 (13) A digital photograph of the applicant. |
---|
682 | | - | 28 (14) Any other information the bureau requires. |
---|
683 | | - | 29 (b) For purposes of subsection (a), an individual certified as a |
---|
684 | | - | 30 program participant in the address confidentiality program under |
---|
685 | | - | 31 IC 5-26.5 is not required to provide the individual's address, but may |
---|
686 | | - | 32 provide an address designated by the office of the attorney general |
---|
687 | | - | 33 under IC 5-26.5 as the individual's address. |
---|
688 | | - | 34 (c) In addition to the information required by subsection (a), an |
---|
689 | | - | 35 applicant who is required to complete at least fifty (50) hours of |
---|
690 | | - | 36 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or |
---|
691 | | - | 37 IC 9-24-3-2.5(a)(2)(D), or IC 9-24-3-2.5(a)(5)(F) must submit to the |
---|
692 | | - | 38 bureau evidence of the time logged in practice driving. |
---|
693 | | - | 39 SECTION 21. IC 9-24-12-0.5, AS AMENDED BY P.L.211-2023, |
---|
694 | | - | 40 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
695 | | - | 41 JULY 1, 2025]: Sec. 0.5. (a) A learner's permit issued in the form of a |
---|
696 | | - | 42 physical credential expires two (2) years after the date of issuance. A |
---|
697 | | - | EH 1390—LS 7417/DI 137 16 |
---|
698 | | - | 1 learner's permit expires upon the bureau receiving notice of the |
---|
699 | | - | 2 death of the holder or upon issuance of a subsequent physical |
---|
700 | | - | 3 credential. |
---|
701 | | - | 4 (b) A motorcycle learner's permit expires one (1) year after the date |
---|
702 | | - | 5 of issuance. A motorcycle permit may be renewed one (1) time for a |
---|
703 | | - | 6 period of one (1) year. An individual who does not obtain a motorcycle |
---|
704 | | - | 7 endorsement under IC 9-24-8.5 before the expiration of the renewed |
---|
705 | | - | 8 motorcycle permit may not reapply for a new motorcycle permit for a |
---|
706 | | - | 9 period of one (1) year after the date of expiration of the renewed |
---|
707 | | - | 10 motorcycle permit. The bureau may not issue more than three (3) |
---|
708 | | - | 11 motorcycle learner's permits to an individual within a five (5) year |
---|
709 | | - | 12 period. A motorcycle learner's permit expires upon the bureau |
---|
710 | | - | 13 receiving notice of the death of the holder. |
---|
711 | | - | 14 (c) A commercial learner's permit expires one hundred eighty (180) |
---|
712 | | - | 15 days after the date of issuance. The bureau may issue not more than |
---|
713 | | - | 16 three (3) commercial learner's permits to an individual within a |
---|
714 | | - | 17 twenty-four (24) month period. A commercial learner's permit |
---|
715 | | - | 18 expires upon the bureau receiving notice of the death of the holder. |
---|
716 | | - | 19 (d) The fee to renew a permit that expires under this section is the |
---|
717 | | - | 20 applicable fee to issue the permit under this article. |
---|
718 | | - | 21 SECTION 22. IC 9-24-12-11, AS AMENDED BY P.L.141-2024, |
---|
719 | | - | 22 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
720 | | - | 23 JULY 1, 2025]: Sec. 11. (a) This section applies to a driver's license |
---|
721 | | - | 24 other than a commercial driver's license. |
---|
722 | | - | 25 (b) If the birthday of a holder on which the holder's driver's license |
---|
723 | | - | 26 would otherwise expire falls on: |
---|
724 | | - | 27 (1) Sunday; |
---|
725 | | - | 28 (2) a legal holiday (as set forth in IC 1-1-9-1); or |
---|
726 | | - | 29 (3) a weekday when all license branches in the county of |
---|
727 | | - | 30 residence of the holder are closed; |
---|
728 | | - | 31 the driver's license of the holder does not expire until midnight of the |
---|
729 | | - | 32 first day after the birthday on which a license branch is open for |
---|
730 | | - | 33 business in the county of residence of the holder. |
---|
731 | | - | 34 (c) A driver's license issued to an applicant who complies with |
---|
732 | | - | 35 IC 9-24-9-2.5 expires: |
---|
733 | | - | 36 (1) at midnight one (1) year after issuance if there is no expiration |
---|
734 | | - | 37 date on the authorization granted to the individual to remain in the |
---|
735 | | - | 38 United States; or |
---|
736 | | - | 39 (2) if there is an expiration date on the authorization granted to |
---|
737 | | - | 40 the individual to remain in the United States, the earlier of the |
---|
738 | | - | 41 following: |
---|
739 | | - | 42 (A) At midnight of the date the authorization of the holder to |
---|
740 | | - | EH 1390—LS 7417/DI 137 17 |
---|
741 | | - | 1 have lawful status as a permanent resident or conditional |
---|
742 | | - | 2 resident alien of the United States expires. |
---|
743 | | - | 3 (B) At midnight of the birthday of the holder that occurs six |
---|
744 | | - | 4 (6) years after the date of issuance. |
---|
745 | | - | 5 (d) A driver's license expires upon the bureau receiving notice of the |
---|
746 | | - | 6 death of the holder or the issuance of a subsequent physical |
---|
747 | | - | 7 credential. |
---|
748 | | - | 8 SECTION 23. IC 9-24-16-4, AS AMENDED BY P.L.211-2023, |
---|
749 | | - | 9 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
750 | | - | 10 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and |
---|
751 | | - | 11 section 5(e) of this chapter, an identification card expires at midnight |
---|
752 | | - | 12 of the birthday of the holder that occurs six (6) years following the date |
---|
753 | | - | 13 of issuance. |
---|
754 | | - | 14 (b) An identification card issued under this article to an applicant |
---|
755 | | - | 15 who complies with section 3.5 of this chapter expires: |
---|
756 | | - | 16 (1) at midnight one (1) year after issuance, if there is no |
---|
757 | | - | 17 expiration date on the authorization granted to the individual to |
---|
758 | | - | 18 remain in the United States; or |
---|
759 | | - | 19 (2) if there is an expiration date on the authorization granted to |
---|
760 | | - | 20 the individual to remain in the United States, the earlier of the |
---|
761 | | - | 21 following: |
---|
762 | | - | 22 (A) At midnight of the date the authorization of the holder to |
---|
763 | | - | 23 have lawful status as a permanent resident or conditional |
---|
764 | | - | 24 resident alien of the United States expires. |
---|
765 | | - | 25 (B) At midnight of the birthday of the holder that occurs six |
---|
766 | | - | 26 (6) years after the date of issuance. |
---|
767 | | - | 27 SECTION 24. IC 9-24-16-5, AS AMENDED BY P.L.141-2024, |
---|
768 | | - | 28 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
769 | | - | 29 JULY 1, 2025]: Sec. 5. (a) An application for renewal of an |
---|
770 | | - | 30 identification card issued in the form of a physical credential may be |
---|
771 | | - | 31 made not more than twenty-four (24) months before the expiration date |
---|
772 | | - | 32 of the card issued in the form of a physical credential. However, when |
---|
773 | | - | 33 the applicant complies with section 3.5 of this chapter, an application |
---|
774 | | - | 34 for renewal of an identification card issued in the form of a physical |
---|
775 | | - | 35 credential may be filed not more than one (1) month before the |
---|
776 | | - | 36 expiration date of the identification card issued in the form of a |
---|
777 | | - | 37 physical credential held by the applicant. |
---|
778 | | - | 38 (b) Except as provided in subsection (d), a renewed card issued in |
---|
779 | | - | 39 the form of a physical credential is valid on the birth date of the holder |
---|
780 | | - | 40 and remains valid for six (6) years. |
---|
781 | | - | 41 (c) Renewal may not be granted if the cardholder was issued a |
---|
782 | | - | 42 driver's license issued in the form of a physical credential subsequent |
---|
783 | | - | EH 1390—LS 7417/DI 137 18 |
---|
784 | | - | 1 to the last issuance of an identification card issued in the form of a |
---|
785 | | - | 2 physical credential. |
---|
786 | | - | 3 (d) A renewed identification card issued under this article in the |
---|
787 | | - | 4 form of a physical credential to an applicant who complies with section |
---|
788 | | - | 5 3.5 of this chapter expires: |
---|
789 | | - | 6 (1) at midnight one (1) year after issuance, if there is no |
---|
790 | | - | 7 expiration date on the authorization granted to the individual to |
---|
791 | | - | 8 remain in the United States; or |
---|
792 | | - | 9 (2) if there is an expiration date on the authorization granted to |
---|
793 | | - | 10 the individual to remain in the United States, the earlier of the |
---|
794 | | - | 11 following: |
---|
795 | | - | 12 (A) At midnight of the date the authorization of the holder to |
---|
796 | | - | 13 have lawful status as a permanent resident or conditional |
---|
797 | | - | 14 resident alien of the United States expires. |
---|
798 | | - | 15 (B) At midnight of the birthday of the holder that occurs six |
---|
799 | | - | 16 (6) years after the date of issuance. |
---|
800 | | - | 17 (e) An identification card expires upon the bureau receiving notice |
---|
801 | | - | 18 of the death of the holder or upon issuance of a subsequent physical |
---|
802 | | - | 19 credential. |
---|
803 | | - | 20 SECTION 25. IC 9-24-16.5-5, AS AMENDED BY P.L.147-2018, |
---|
804 | | - | 21 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
805 | | - | 22 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (f), a |
---|
806 | | - | 23 photo exempt identification card expires at midnight on the birth date |
---|
807 | | - | 24 of the holder that occurs six (6) years following the date of issuance. |
---|
808 | | - | 25 (b) An application for renewal of a photo exempt identification card |
---|
809 | | - | 26 may be made not more than twenty-four (24) months before the |
---|
810 | | - | 27 expiration date of the card. |
---|
811 | | - | 28 (c) A renewed photo exempt identification card is valid on the birth |
---|
812 | | - | 29 date of the holder and remains valid for six (6) years. |
---|
813 | | - | 30 (d) A photo exempt identification card may not be renewed if the |
---|
814 | | - | 31 holder was issued a driver's license or an identification card after the |
---|
815 | | - | 32 last issuance of a photo exempt identification card. |
---|
816 | | - | 33 (e) An application for the renewal of a photo exempt identification |
---|
817 | | - | 34 card may not be made by mail or by electronic service. |
---|
818 | | - | 35 (f) A photo exempt identification card expires upon the bureau |
---|
819 | | - | 36 receiving notice of the death of the holder or upon issuance of a |
---|
820 | | - | 37 subsequent physical credential. |
---|
821 | | - | 38 SECTION 26. IC 9-26-2-2 IS AMENDED TO READ AS |
---|
822 | | - | 39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A law |
---|
823 | | - | 40 enforcement officer shall forward a written report of each accident |
---|
824 | | - | 41 investigated under section 1 of this chapter to the state police |
---|
825 | | - | 42 department within twenty-four (24) hours after completing the |
---|
826 | | - | EH 1390—LS 7417/DI 137 19 |
---|
827 | | - | 1 investigation. The report must contain, if possible, the following |
---|
828 | | - | 2 information: |
---|
829 | | - | 3 (1) The name and address of the owner and operator of each |
---|
830 | | - | 4 vehicle involved in the accident. |
---|
831 | | - | 5 (2) The license number and description of each vehicle involved |
---|
832 | | - | 6 in the accident. |
---|
833 | | - | 7 (3) The time and place the accident occurred. |
---|
834 | | - | 8 (4) The name and address of each person injured or killed in the |
---|
835 | | - | 9 accident. |
---|
836 | | - | 10 (5) The name and address of each witness to the accident. |
---|
837 | | - | 11 (6) Whether the law enforcement officer has a reasonable |
---|
838 | | - | 12 belief that a driver's medical impairment may have |
---|
839 | | - | 13 contributed to the accident. |
---|
840 | | - | 14 (b) A law enforcement officer and a law enforcement agency are |
---|
841 | | - | 15 not civilly or criminally liable for any damages related to whether |
---|
842 | | - | 16 a law enforcement officer identifies or fails to identify whether a |
---|
843 | | - | 17 driver's medical impairment may have contributed to an accident |
---|
844 | | - | 18 under subsection (a)(6). |
---|
845 | | - | 19 SECTION 27. IC 34-30-2.1-103.8 IS ADDED TO THE INDIANA |
---|
846 | | - | 20 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
847 | | - | 21 [EFFECTIVE JULY 1, 2025]: Sec. 103.8. IC 9-26-2-2 (Concerning |
---|
848 | | - | 22 reporting whether a driver's medical impairment may have |
---|
849 | | - | 23 contributed to an accident). |
---|
850 | | - | 24 SECTION 28. IC 36-9-4-29.4, AS AMENDED BY P.L.210-2023, |
---|
851 | | - | 25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
852 | | - | 26 JULY 1, 2025]: Sec. 29.4. (a) This section does not apply to a public |
---|
853 | | - | 27 transportation corporation located in a county having a consolidated |
---|
854 | | - | 28 city. |
---|
855 | | - | 29 (b) A public transportation corporation may provide regularly |
---|
856 | | - | 30 scheduled passenger service to specifically designated locations outside |
---|
857 | | - | 31 the system's operational boundaries as described in IC 36-9-1-9 if all |
---|
858 | | - | 32 of the following conditions are met: |
---|
859 | | - | 33 (1) The legislative body of the municipality approves any |
---|
860 | | - | 34 expansion of the service outside the municipality's corporate |
---|
861 | | - | 35 boundaries. |
---|
862 | | - | 36 (2) The expanded service is reasonably required to do any of the |
---|
863 | | - | 37 following: |
---|
864 | | - | 38 (A) Enhance employment opportunities in the new service area |
---|
865 | | - | 39 or the existing service area. |
---|
866 | | - | 40 (B) Serve persons who are elderly, persons with a disability, or |
---|
867 | | - | 41 other persons who are in need of public transportation. |
---|
868 | | - | 42 (3) Except as provided in subsections (e) and (f), the expanded |
---|
869 | | - | EH 1390—LS 7417/DI 137 20 |
---|
870 | | - | 1 service does not extend beyond the boundary of the county in |
---|
871 | | - | 2 which the corporation is located. |
---|
872 | | - | 3 (c) Notwithstanding section 39 of this chapter, a public |
---|
873 | | - | 4 transportation corporation may provide demand responsive service |
---|
874 | | - | 5 outside of the system's operational boundaries as described in |
---|
875 | | - | 6 IC 36-9-1-9 if the conditions listed in subsection (b) are met. |
---|
876 | | - | 7 (d) The board may contract with a private operator for the operation |
---|
877 | | - | 8 of an expanded service under this section. |
---|
878 | | - | 9 (e) Subsection (b)(3) does not apply to a special purpose bus (as |
---|
879 | | - | 10 defined in IC 20-27-2-10) or a school bus (as defined in IC 20-27-2-8) |
---|
880 | | - | 11 that provides expanded service for a purpose permitted under |
---|
881 | | - | 12 IC 20-27-9. |
---|
882 | | - | 13 (f) A county having a population of more than one hundred |
---|
883 | | - | 14 eighty-five thousand (185,000) and less than two hundred thousand |
---|
884 | | - | 15 (200,000) may enter into an interlocal cooperation agreement with an |
---|
885 | | - | 16 adjacent county under IC 36-1-7 to allow a public transportation |
---|
886 | | - | 17 corporation to provide expanded service beyond the boundary of the |
---|
887 | | - | 18 county in which the corporation is located. |
---|
888 | | - | EH 1390—LS 7417/DI 137 21 |
---|
| 937 | + | 15 (A) At midnight of the date the authorization of the holder to |
---|
| 938 | + | 16 have lawful status as a permanent resident or conditional |
---|
| 939 | + | 17 resident alien of the United States expires. |
---|
| 940 | + | 18 (B) At midnight of the birthday of the holder that occurs six |
---|
| 941 | + | 19 (6) years after the date of issuance. |
---|
| 942 | + | 20 (d) A driver's license expires upon the bureau receiving notice of the |
---|
| 943 | + | 21 death of the holder or the issuance of a subsequent physical |
---|
| 944 | + | 22 credential. |
---|
| 945 | + | 23 SECTION 28. IC 9-24-16-4, AS AMENDED BY P.L.211-2023, |
---|
| 946 | + | 24 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 947 | + | 25 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and |
---|
| 948 | + | 26 section 5(e) of this chapter, an identification card expires at midnight |
---|
| 949 | + | 27 of the birthday of the holder that occurs six (6) years following the date |
---|
| 950 | + | 28 of issuance. |
---|
| 951 | + | 29 (b) An identification card issued under this article to an applicant |
---|
| 952 | + | 30 who complies with section 3.5 of this chapter expires: |
---|
| 953 | + | 31 (1) at midnight one (1) year after issuance, if there is no |
---|
| 954 | + | 32 expiration date on the authorization granted to the individual to |
---|
| 955 | + | 33 remain in the United States; or |
---|
| 956 | + | 34 (2) if there is an expiration date on the authorization granted to |
---|
| 957 | + | 35 the individual to remain in the United States, the earlier of the |
---|
| 958 | + | 36 following: |
---|
| 959 | + | 37 (A) At midnight of the date the authorization of the holder to |
---|
| 960 | + | 38 have lawful status as a permanent resident or conditional |
---|
| 961 | + | 39 resident alien of the United States expires. |
---|
| 962 | + | 40 (B) At midnight of the birthday of the holder that occurs six |
---|
| 963 | + | 41 (6) years after the date of issuance. |
---|
| 964 | + | 42 SECTION 29. IC 9-24-16-5, AS AMENDED BY P.L.141-2024, |
---|
| 965 | + | EH 1390—LS 7417/DI 137 22 |
---|
| 966 | + | 1 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 967 | + | 2 JULY 1, 2025]: Sec. 5. (a) An application for renewal of an |
---|
| 968 | + | 3 identification card issued in the form of a physical credential may be |
---|
| 969 | + | 4 made not more than twenty-four (24) months before the expiration date |
---|
| 970 | + | 5 of the card issued in the form of a physical credential. However, when |
---|
| 971 | + | 6 the applicant complies with section 3.5 of this chapter, an application |
---|
| 972 | + | 7 for renewal of an identification card issued in the form of a physical |
---|
| 973 | + | 8 credential may be filed not more than one (1) month before the |
---|
| 974 | + | 9 expiration date of the identification card issued in the form of a |
---|
| 975 | + | 10 physical credential held by the applicant. |
---|
| 976 | + | 11 (b) Except as provided in subsection (d), a renewed card issued in |
---|
| 977 | + | 12 the form of a physical credential is valid on the birth date of the holder |
---|
| 978 | + | 13 and remains valid for six (6) years. |
---|
| 979 | + | 14 (c) Renewal may not be granted if the cardholder was issued a |
---|
| 980 | + | 15 driver's license issued in the form of a physical credential subsequent |
---|
| 981 | + | 16 to the last issuance of an identification card issued in the form of a |
---|
| 982 | + | 17 physical credential. |
---|
| 983 | + | 18 (d) A renewed identification card issued under this article in the |
---|
| 984 | + | 19 form of a physical credential to an applicant who complies with section |
---|
| 985 | + | 20 3.5 of this chapter expires: |
---|
| 986 | + | 21 (1) at midnight one (1) year after issuance, if there is no |
---|
| 987 | + | 22 expiration date on the authorization granted to the individual to |
---|
| 988 | + | 23 remain in the United States; or |
---|
| 989 | + | 24 (2) if there is an expiration date on the authorization granted to |
---|
| 990 | + | 25 the individual to remain in the United States, the earlier of the |
---|
| 991 | + | 26 following: |
---|
| 992 | + | 27 (A) At midnight of the date the authorization of the holder to |
---|
| 993 | + | 28 have lawful status as a permanent resident or conditional |
---|
| 994 | + | 29 resident alien of the United States expires. |
---|
| 995 | + | 30 (B) At midnight of the birthday of the holder that occurs six |
---|
| 996 | + | 31 (6) years after the date of issuance. |
---|
| 997 | + | 32 (e) An identification card expires upon the bureau receiving notice |
---|
| 998 | + | 33 of the death of the holder or upon issuance of a subsequent physical |
---|
| 999 | + | 34 credential. |
---|
| 1000 | + | 35 SECTION 30. IC 9-24-16.5-5, AS AMENDED BY P.L.147-2018, |
---|
| 1001 | + | 36 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1002 | + | 37 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (f), a |
---|
| 1003 | + | 38 photo exempt identification card expires at midnight on the birth date |
---|
| 1004 | + | 39 of the holder that occurs six (6) years following the date of issuance. |
---|
| 1005 | + | 40 (b) An application for renewal of a photo exempt identification card |
---|
| 1006 | + | 41 may be made not more than twenty-four (24) months before the |
---|
| 1007 | + | 42 expiration date of the card. |
---|
| 1008 | + | EH 1390—LS 7417/DI 137 23 |
---|
| 1009 | + | 1 (c) A renewed photo exempt identification card is valid on the birth |
---|
| 1010 | + | 2 date of the holder and remains valid for six (6) years. |
---|
| 1011 | + | 3 (d) A photo exempt identification card may not be renewed if the |
---|
| 1012 | + | 4 holder was issued a driver's license or an identification card after the |
---|
| 1013 | + | 5 last issuance of a photo exempt identification card. |
---|
| 1014 | + | 6 (e) An application for the renewal of a photo exempt identification |
---|
| 1015 | + | 7 card may not be made by mail or by electronic service. |
---|
| 1016 | + | 8 (f) A photo exempt identification card expires upon the bureau |
---|
| 1017 | + | 9 receiving notice of the death of the holder or upon issuance of a |
---|
| 1018 | + | 10 subsequent physical credential. |
---|
| 1019 | + | 11 SECTION 31. IC 9-25-4-7, AS AMENDED BY P.L.59-2013, |
---|
| 1020 | + | 12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1021 | + | 13 JANUARY 1, 2028]: Sec. 7. (a) Proof of financial responsibility as |
---|
| 1022 | + | 14 requested by the bureau: |
---|
| 1023 | + | 15 (1) must be in effect on the date of the request; and |
---|
| 1024 | + | 16 (2) may be given by any of the following methods: |
---|
| 1025 | + | 17 (A) Proof that a policy or policies of operator or motor vehicle |
---|
| 1026 | + | 18 liability insurance, as applicable, have been obtained and are |
---|
| 1027 | + | 19 in full force and effect, including through a secure online |
---|
| 1028 | + | 20 insurance verification system under IC 9-25-11. |
---|
| 1029 | + | 21 (B) Proof that a bond has been duly executed. |
---|
| 1030 | + | 22 (C) Proof that deposit has been made of money or securities. |
---|
| 1031 | + | 23 (b) Proof of financial responsibility as requested by a law |
---|
| 1032 | + | 24 enforcement officer: |
---|
| 1033 | + | 25 (1) must be in effect on the date of the request; and |
---|
| 1034 | + | 26 (2) may be provided in a paper or electronic format or may be |
---|
| 1035 | + | 27 verified by the law enforcement officer through a secure |
---|
| 1036 | + | 28 online insurance verification system under IC 9-25-11. For |
---|
| 1037 | + | 29 purposes of this subdivision, electronic formats include the |
---|
| 1038 | + | 30 display of an electronic image on a telecommunications device. |
---|
| 1039 | + | 31 SECTION 32. IC 9-25-4-8, AS AMENDED BY P.L.59-2013, |
---|
| 1040 | + | 32 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1041 | + | 33 JANUARY 1, 2028]: Sec. 8. Proof of financial responsibility meeting |
---|
| 1042 | + | 34 the requirements set forth in this article must be filed in a manner |
---|
| 1043 | + | 35 prescribed by the bureau by an insurance carrier of the person for |
---|
| 1044 | + | 36 whom proof is required or through a secure online insurance |
---|
| 1045 | + | 37 verification system under IC 9-25-11. |
---|
| 1046 | + | 38 SECTION 33. IC 9-25-11 IS ADDED TO THE INDIANA CODE |
---|
| 1047 | + | 39 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1048 | + | 40 JANUARY 1, 2028]: |
---|
| 1049 | + | 41 Chapter 11. Real Time Insurance Verification |
---|
| 1050 | + | 42 Sec. 1. (a) The bureau shall maintain a secure online insurance |
---|
| 1051 | + | EH 1390—LS 7417/DI 137 24 |
---|
| 1052 | + | 1 verification system to access information in real time from a |
---|
| 1053 | + | 2 driver's insurer for the purpose of determining a driver's |
---|
| 1054 | + | 3 compliance with this article. The secure online insurance |
---|
| 1055 | + | 4 verification system must transmit requests to insurers for |
---|
| 1056 | + | 5 verification of motor vehicle liability insurance policies via web |
---|
| 1057 | + | 6 services established by the insurers in compliance with the |
---|
| 1058 | + | 7 specifications and standards of the Insurance Industry Committee |
---|
| 1059 | + | 8 on Motor Vehicle Administration. |
---|
| 1060 | + | 9 (b) In any circumstance in which the bureau or a law |
---|
| 1061 | + | 10 enforcement officer is required by law to determine a driver's |
---|
| 1062 | + | 11 compliance with this article, the bureau or the law enforcement |
---|
| 1063 | + | 12 officer shall use the secure online insurance verification system. |
---|
| 1064 | + | 13 (c) If the bureau or a law enforcement officer is unable to |
---|
| 1065 | + | 14 determine a driver's compliance with this article through the |
---|
| 1066 | + | 15 secure online insurance verification system, the bureau shall |
---|
| 1067 | + | 16 determine the driver's compliance with this article using another |
---|
| 1068 | + | 17 method allowed under this article. |
---|
| 1069 | + | 18 Sec. 2. The bureau may contract with a third party to |
---|
| 1070 | + | 19 implement this chapter. |
---|
| 1071 | + | 20 Sec. 3. An insurer shall allow the bureau to access information |
---|
| 1072 | + | 21 regarding a driver's compliance with this article through a secure |
---|
| 1073 | + | 22 online insurance verification system. |
---|
| 1074 | + | 23 Sec. 4. The bureau may adopt rules under IC 4-22-2 to |
---|
| 1075 | + | 24 implement this chapter. |
---|
| 1076 | + | 25 SECTION 34. IC 9-25-11.5 IS ADDED TO THE INDIANA CODE |
---|
| 1077 | + | 26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1078 | + | 27 JULY 1, 2025]: |
---|
| 1079 | + | 28 Chapter 11.5. Real Time Insurance Verification Advisory Board |
---|
| 1080 | + | 29 Sec. 1. As used in this chapter, "advisory board" refers to the |
---|
| 1081 | + | 30 real time insurance verification advisory board established by |
---|
| 1082 | + | 31 section 2 of this chapter. |
---|
| 1083 | + | 32 Sec. 2. The real time insurance verification advisory board is |
---|
| 1084 | + | 33 established under the executive branch of state government for the |
---|
| 1085 | + | 34 purpose of advising the bureau on the implementation of the real |
---|
| 1086 | + | 35 time insurance verification program. |
---|
| 1087 | + | 36 Sec. 3. The advisory board consists of the following eight (8) |
---|
| 1088 | + | 37 members: |
---|
| 1089 | + | 38 (1) The commissioner or the commissioner's designee. |
---|
| 1090 | + | 39 (2) The following seven (7) members, all appointed by the |
---|
| 1091 | + | 40 commissioner: |
---|
| 1092 | + | 41 (A) Two (2) members representing the bureau. |
---|
| 1093 | + | 42 (B) One (1) member representing the department of |
---|
| 1094 | + | EH 1390—LS 7417/DI 137 25 |
---|
| 1095 | + | 1 insurance. |
---|
| 1096 | + | 2 (C) Three (3) members representing insurance companies, |
---|
| 1097 | + | 3 recommended by the Insurance Industry Committee on |
---|
| 1098 | + | 4 Motor Vehicle Administration. |
---|
| 1099 | + | 5 (D) One (1) member representing an independent |
---|
| 1100 | + | 6 insurance agency. |
---|
| 1101 | + | 7 Sec. 4. (a) The members shall elect a chairperson of the advisory |
---|
| 1102 | + | 8 board at the advisory board's first meeting. |
---|
| 1103 | + | 9 (b) A majority of the members of the advisory board constitutes |
---|
| 1104 | + | 10 a quorum. |
---|
| 1105 | + | 11 (c) All members of the advisory board are non-voting members. |
---|
| 1106 | + | 12 The advisory board may not take official action. |
---|
| 1107 | + | 13 (d) An appointed member of the advisory board serves a two (2) |
---|
| 1108 | + | 14 year term, beginning December 31, 2025, and ending December 31, |
---|
| 1109 | + | 15 2027. |
---|
| 1110 | + | 16 (e) An appointed member of the advisory board serves at the |
---|
| 1111 | + | 17 will of the commissioner. If a vacancy occurs on the advisory |
---|
| 1112 | + | 18 board, the commissioner shall appoint an individual to fill the |
---|
| 1113 | + | 19 vacancy. |
---|
| 1114 | + | 20 Sec. 5. (a) A member of the advisory board who is not a state |
---|
| 1115 | + | 21 employee is not entitled to the minimum salary per diem provided |
---|
| 1116 | + | 22 by IC 4-10-11-2.1(b). The member is, however, entitled to |
---|
| 1117 | + | 23 reimbursement for mileage and traveling expenses as provided |
---|
| 1118 | + | 24 under IC 4-13-1-4 and other expenses actually incurred in |
---|
| 1119 | + | 25 connection with the member's duties as provided in the state |
---|
| 1120 | + | 26 policies and procedures established by the Indiana department of |
---|
| 1121 | + | 27 administration and approved by the budget agency. |
---|
| 1122 | + | 28 (b) Each member of the advisory board who is a state employee, |
---|
| 1123 | + | 29 but who is not a member of the general assembly, is entitled to |
---|
| 1124 | + | 30 reimbursement for mileage and traveling expenses as provided |
---|
| 1125 | + | 31 under IC 4-13-1-4 and other expenses actually incurred in |
---|
| 1126 | + | 32 connection with the member's duties as provided in the state |
---|
| 1127 | + | 33 policies and procedures established by the Indiana department of |
---|
| 1128 | + | 34 administration and approved by the budget agency. |
---|
| 1129 | + | 35 Sec. 6. (a) The bureau shall staff the advisory board. |
---|
| 1130 | + | 36 (b) The expenses of the advisory board shall be paid from funds |
---|
| 1131 | + | 37 appropriated to the bureau. |
---|
| 1132 | + | 38 Sec. 7. This chapter expires December 31, 2028. |
---|
| 1133 | + | 39 SECTION 35. IC 9-26-2-2 IS AMENDED TO READ AS |
---|
| 1134 | + | 40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A law |
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| 1135 | + | 41 enforcement officer shall forward a written report of each accident |
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| 1136 | + | 42 investigated under section 1 of this chapter to the state police |
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| 1137 | + | EH 1390—LS 7417/DI 137 26 |
---|
| 1138 | + | 1 department within twenty-four (24) hours after completing the |
---|
| 1139 | + | 2 investigation. The report must contain, if possible, the following |
---|
| 1140 | + | 3 information: |
---|
| 1141 | + | 4 (1) The name and address of the owner and operator of each |
---|
| 1142 | + | 5 vehicle involved in the accident. |
---|
| 1143 | + | 6 (2) The license number and description of each vehicle involved |
---|
| 1144 | + | 7 in the accident. |
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| 1145 | + | 8 (3) The time and place the accident occurred. |
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| 1146 | + | 9 (4) The name and address of each person injured or killed in the |
---|
| 1147 | + | 10 accident. |
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| 1148 | + | 11 (5) The name and address of each witness to the accident. |
---|
| 1149 | + | 12 (6) Whether the law enforcement officer has a reasonable |
---|
| 1150 | + | 13 belief that a driver's medical impairment may have |
---|
| 1151 | + | 14 contributed to the accident. |
---|
| 1152 | + | 15 (b) A law enforcement officer and a law enforcement agency are |
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| 1153 | + | 16 not civilly or criminally liable for any damages related to whether |
---|
| 1154 | + | 17 a law enforcement officer identifies or fails to identify whether a |
---|
| 1155 | + | 18 driver's medical impairment may have contributed to an accident |
---|
| 1156 | + | 19 under subsection (a)(6). |
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| 1157 | + | 20 SECTION 36. IC 10-11-2-35.4 IS ADDED TO THE INDIANA |
---|
| 1158 | + | 21 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1159 | + | 22 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department |
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| 1160 | + | 23 shall review its rate sheet for towing service not less than one (1) |
---|
| 1161 | + | 24 time per calendar year. |
---|
| 1162 | + | 25 SECTION 37. IC 10-11-2-35.6 IS ADDED TO THE INDIANA |
---|
| 1163 | + | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1164 | + | 27 [EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department |
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| 1165 | + | 28 may perform an audit of a towing company's truck and equipment |
---|
| 1166 | + | 29 inventory before adding the towing company to the state police |
---|
| 1167 | + | 30 department's towing rotation. |
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| 1168 | + | 31 SECTION 38. IC 24-14-2-3.8 IS ADDED TO THE INDIANA |
---|
| 1169 | + | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1170 | + | 33 [EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Compensation" means any |
---|
| 1171 | + | 34 money, thing of value, or economic benefit conferred on, or |
---|
| 1172 | + | 35 received by, a person in return for services rendered, or for |
---|
| 1173 | + | 36 services to be rendered, whether by that person or another person. |
---|
| 1174 | + | 37 SECTION 39. IC 24-14-2-12.3 IS ADDED TO THE INDIANA |
---|
| 1175 | + | 38 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1176 | + | 39 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of |
---|
| 1177 | + | 40 IC 24-14-7, has the meaning set forth in IC 24-14-7-3. |
---|
| 1178 | + | 41 SECTION 40. IC 24-14-5-1, AS ADDED BY P.L.281-2019, |
---|
| 1179 | + | 42 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1180 | + | EH 1390—LS 7417/DI 137 27 |
---|
| 1181 | + | 1 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing |
---|
| 1182 | + | 2 charges assessed by a towing company shall be made available to the |
---|
| 1183 | + | 3 owner of the motor vehicle or the owner's agent not later than one (1) |
---|
| 1184 | + | 4 business day after: |
---|
| 1185 | + | 5 (1) the tow is completed; or |
---|
| 1186 | + | 6 (2) the towing company has obtained all necessary information to |
---|
| 1187 | + | 7 be included on the invoice, including any charges submitted by |
---|
| 1188 | + | 8 subcontractors used by the towing company to complete the tow |
---|
| 1189 | + | 9 and recovery. |
---|
| 1190 | + | 10 (b) The itemized invoice required by this section must contain the |
---|
| 1191 | + | 11 following information: |
---|
| 1192 | + | 12 (1) The location from which the motor vehicle was towed. |
---|
| 1193 | + | 13 (2) The location to which the motor vehicle was towed. |
---|
| 1194 | + | 14 (3) The name, address, and telephone number of the towing |
---|
| 1195 | + | 15 company. |
---|
| 1196 | + | 16 (4) A description of the towed motor vehicle, including the: |
---|
| 1197 | + | 17 (A) make; |
---|
| 1198 | + | 18 (B) model; |
---|
| 1199 | + | 19 (C) year; and |
---|
| 1200 | + | 20 (D) vehicle identification number; |
---|
| 1201 | + | 21 of the motor vehicle. |
---|
| 1202 | + | 22 (5) The license plate number and state of registration for the |
---|
| 1203 | + | 23 towed motor vehicle. |
---|
| 1204 | + | 24 (6) The cost of the original towing service. |
---|
| 1205 | + | 25 (7) The cost of any vehicle storage fees, expressed as a daily rate. |
---|
| 1206 | + | 26 (8) Other fees, including documentation fees and motor vehicle |
---|
| 1207 | + | 27 search fees. Each fee must include a full description of the |
---|
| 1208 | + | 28 services that were provided. |
---|
| 1209 | + | 29 (9) The costs for services that were performed under a warranty |
---|
| 1210 | + | 30 or that were otherwise performed at no cost to the owner of the |
---|
| 1211 | + | 31 motor vehicle. |
---|
| 1212 | + | 32 (10) An attestation that all items invoiced were used and |
---|
| 1213 | + | 33 necessary in the ordinary course of business. |
---|
| 1214 | + | 34 (11) The time that each invoiced item was used and the |
---|
| 1215 | + | 35 location. |
---|
| 1216 | + | 36 (12) The number of miles the vehicle was towed. |
---|
| 1217 | + | 37 (c) Any service or fee in addition to the services or fees described |
---|
| 1218 | + | 38 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as |
---|
| 1219 | + | 39 a single line item on the invoice required by this section, with an |
---|
| 1220 | + | 40 explanation and the exact charge for the service or the exact amount of |
---|
| 1221 | + | 41 the fee. |
---|
| 1222 | + | 42 (d) A copy of each invoice and receipt submitted by a tow truck |
---|
| 1223 | + | EH 1390—LS 7417/DI 137 28 |
---|
| 1224 | + | 1 operator in accordance with this section shall: |
---|
| 1225 | + | 2 (1) be retained by the towing company for a period of two (2) |
---|
| 1226 | + | 3 years from the date of issuance; and |
---|
| 1227 | + | 4 (2) throughout the two (2) year period described in subdivision |
---|
| 1228 | + | 5 (1), be made available for inspection and copying not later than |
---|
| 1229 | + | 6 forty-eight (48) hours after receiving a written request for |
---|
| 1230 | + | 7 inspection from: |
---|
| 1231 | + | 8 (A) a law enforcement agency; |
---|
| 1232 | + | 9 (B) the attorney general; |
---|
| 1233 | + | 10 (C) the prosecuting attorney or city attorney having |
---|
| 1234 | + | 11 jurisdiction in the location of any of the towing company's |
---|
| 1235 | + | 12 Indiana business locations; |
---|
| 1236 | + | 13 (D) the disabled motor vehicle's owner; or |
---|
| 1237 | + | 14 (E) the agent of the disabled motor vehicle's owner. |
---|
| 1238 | + | 15 SECTION 41. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE |
---|
| 1239 | + | 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 1240 | + | 17 1, 2025]: Sec. 2. A towing company may charge fees for emergency |
---|
| 1241 | + | 18 towing and private property towing as follows: |
---|
| 1242 | + | 19 (1) If the towing service is an emergency towing requested by |
---|
| 1243 | + | 20 the state police department and the towing company has filed |
---|
| 1244 | + | 21 its rates to be part of the state police department's towing |
---|
| 1245 | + | 22 rotation, at the rate agreed to by the towing company and the |
---|
| 1246 | + | 23 state police department. |
---|
| 1247 | + | 24 (2) If the towing service is an emergency towing requested by |
---|
| 1248 | + | 25 a local law enforcement agency and the local law enforcement |
---|
| 1249 | + | 26 agency has set rates, at the rate of the local law enforcement |
---|
| 1250 | + | 27 agency. |
---|
| 1251 | + | 28 (3) If the towing service is an emergency towing requested by |
---|
| 1252 | + | 29 a local law enforcement agency and the local law enforcement |
---|
| 1253 | + | 30 agency does not have set rates, at the following rates: |
---|
| 1254 | + | 31 (A) The rate the towing company provides to the state |
---|
| 1255 | + | 32 police department district in which the tow occurs. |
---|
| 1256 | + | 33 (B) If the towing company does not have rates filed with |
---|
| 1257 | + | 34 the state police department district in which the tow |
---|
| 1258 | + | 35 occurs, then a rate that is not more than the state police |
---|
| 1259 | + | 36 department district's towing and storage agreements. |
---|
| 1260 | + | 37 (4) If the towing service is a private property towing |
---|
| 1261 | + | 38 requested by a property owner, at the rate applicable under |
---|
| 1262 | + | 39 subdivision (2) or (3). |
---|
| 1263 | + | 40 SECTION 42. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE |
---|
| 1264 | + | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 1265 | + | 42 1, 2025]: Sec. 3. (a) As used in this section, "property" means any |
---|
| 1266 | + | EH 1390—LS 7417/DI 137 29 |
---|
| 1267 | + | 1 of the following: |
---|
| 1268 | + | 2 (1) A truck (as defined in IC 9-13-2-188). |
---|
| 1269 | + | 3 (2) A trailer (as defined in IC 9-13-2-184). |
---|
| 1270 | + | 4 (3) Cargo. |
---|
| 1271 | + | 5 (b) A person may file a complaint with the towing complaint |
---|
| 1272 | + | 6 advisory board under IC 24-14-11.5 if the person: |
---|
| 1273 | + | 7 (1) owns or holds a lien on property held at a towing company |
---|
| 1274 | + | 8 or storage facility; and |
---|
| 1275 | + | 9 (2) believes the charges relating to a tow or the storage of the |
---|
| 1276 | + | 10 property are unreasonable. |
---|
| 1277 | + | 11 (c) Not later than twenty-four (24) hours after receipt of: |
---|
| 1278 | + | 12 (1) seventy percent (70%) of the amount charged; and |
---|
| 1279 | + | 13 (2) a copy of a complaint filed with the towing complaint |
---|
| 1280 | + | 14 advisory board under IC 24-14-11.5; |
---|
| 1281 | + | 15 a towing company or storage facility shall release all property to |
---|
| 1282 | + | 16 a properly identified person who owns or holds a lien on the |
---|
| 1283 | + | 17 property. |
---|
| 1284 | + | 18 SECTION 43. IC 24-14-8-3, AS ADDED BY P.L.281-2019, |
---|
| 1285 | + | 19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1286 | + | 20 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage |
---|
| 1287 | + | 21 facility shall furnish a copy of the invoice described in IC 24-14-5 and |
---|
| 1288 | + | 22 all supporting documentation, including payroll records and copies |
---|
| 1289 | + | 23 of invoices from third parties that are included on the invoice, to a |
---|
| 1290 | + | 24 local law enforcement agency or the office of the attorney general. |
---|
| 1291 | + | 25 SECTION 44. IC 24-14-8-4 IS ADDED TO THE INDIANA CODE |
---|
| 1292 | + | 26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 1293 | + | 27 1, 2025]: Sec. 4. (a) A towing company shall identify a tow truck |
---|
| 1294 | + | 28 utilized by the towing company by painting or permanently |
---|
| 1295 | + | 29 affixing: |
---|
| 1296 | + | 30 (1) the name of the business; |
---|
| 1297 | + | 31 (2) the name of the city where the tow truck is domiciled; and |
---|
| 1298 | + | 32 (3) the United States Department of Transportation |
---|
| 1299 | + | 33 identification number of the business; |
---|
| 1300 | + | 34 on both of the tow truck's doors in a form that may easily be read |
---|
| 1301 | + | 35 by a law enforcement officer. |
---|
| 1302 | + | 36 (b) A person who engages in the business of towing motor |
---|
| 1303 | + | 37 vehicles without complying with subsection (a) commits a Class C |
---|
| 1304 | + | 38 infraction. |
---|
| 1305 | + | 39 SECTION 45. IC 24-14-9-1, AS ADDED BY P.L.281-2019, |
---|
| 1306 | + | 40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1307 | + | 41 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the |
---|
| 1308 | + | 42 following: |
---|
| 1309 | + | EH 1390—LS 7417/DI 137 30 |
---|
| 1310 | + | 1 (1) Falsely represent, either expressly or by implication, that the |
---|
| 1311 | + | 2 towing company represents or is approved by any organization |
---|
| 1312 | + | 3 that provides emergency road service for disabled motor vehicles. |
---|
| 1313 | + | 4 (2) Require the owner or operator of a disabled motor vehicle to |
---|
| 1314 | + | 5 preauthorize: |
---|
| 1315 | + | 6 (A) repair work; or |
---|
| 1316 | + | 7 (B) more than twenty-four (24) hours of storage; |
---|
| 1317 | + | 8 as a condition for providing towing service for the disabled motor |
---|
| 1318 | + | 9 vehicle. |
---|
| 1319 | + | 10 (3) Charge more than one (1) towing fee when the owner or |
---|
| 1320 | + | 11 operator of a disabled motor vehicle requests that the disabled |
---|
| 1321 | + | 12 motor vehicle be towed to a repair facility owned or operated by |
---|
| 1322 | + | 13 the towing company. |
---|
| 1323 | + | 14 (4) Tow a motor vehicle to a repair facility unless: |
---|
| 1324 | + | 15 (A) either: |
---|
| 1325 | + | 16 (i) the owner of the motor vehicle; or |
---|
| 1326 | + | 17 (ii) the owner's designated representative; |
---|
| 1327 | + | 18 gives consent for the motor vehicle to be towed to the repair |
---|
| 1328 | + | 19 facility; and |
---|
| 1329 | + | 20 (B) the consent described in clause (A) is given before the |
---|
| 1330 | + | 21 motor vehicle is removed from the location from which it is to |
---|
| 1331 | + | 22 be towed. |
---|
| 1332 | + | 23 The prohibition set forth in this subdivision does not apply in any |
---|
| 1333 | + | 24 case in which a towing company tows a motor vehicle to a storage |
---|
| 1334 | + | 25 facility that includes a repair facility on the same site. |
---|
| 1335 | + | 26 (5) Offer or provide compensation to a person for a towing |
---|
| 1336 | + | 27 referral unless the person and towing company have a prior |
---|
| 1337 | + | 28 contract. |
---|
| 1338 | + | 29 SECTION 46. IC 24-14-9-2, AS ADDED BY P.L.281-2019, |
---|
| 1339 | + | 30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1340 | + | 31 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not |
---|
| 1341 | + | 32 do any of the following: |
---|
| 1342 | + | 33 (1) Upon payment of all costs relating to a tow, motor vehicle |
---|
| 1343 | + | 34 storage, and all allowable fees, as applicable, refuse to release the |
---|
| 1344 | + | 35 motor vehicle during regular office hours to a properly identified |
---|
| 1345 | + | 36 person who owns or holds a lien on the motor vehicle in |
---|
| 1346 | + | 37 accordance with the procedures and subject to the same |
---|
| 1347 | + | 38 requirements set forth in IC 9-22-1-8 with respect to abandoned |
---|
| 1348 | + | 39 motor vehicles. However, a towing company or storage facility |
---|
| 1349 | + | 40 shall not release a motor vehicle in any case in which a local law |
---|
| 1350 | + | 41 enforcement agency has ordered the motor vehicle not to be |
---|
| 1351 | + | 42 released, or in any case in which the motor vehicle cannot be |
---|
| 1352 | + | EH 1390—LS 7417/DI 137 31 |
---|
| 1353 | + | 1 released because of pending litigation. |
---|
| 1354 | + | 2 (2) Refuse to permit: |
---|
| 1355 | + | 3 (A) a properly identified person who owns or holds a lien on |
---|
| 1356 | + | 4 a motor vehicle; or |
---|
| 1357 | + | 5 (B) a representative of the insurance company that insures the |
---|
| 1358 | + | 6 motor vehicle, if the vehicle is covered by an active policy of |
---|
| 1359 | + | 7 insurance; |
---|
| 1360 | + | 8 to inspect the motor vehicle during regular office hours before all |
---|
| 1361 | + | 9 costs incurred against the motor vehicle are paid or the motor |
---|
| 1362 | + | 10 vehicle is released. An inspection fee may not be charged for an |
---|
| 1363 | + | 11 inspection that occurs during regular office hours. |
---|
| 1364 | + | 12 (3) Charge any storage fee for a stored motor vehicle with respect |
---|
| 1365 | + | 13 to any day on which: |
---|
| 1366 | + | 14 (A) release of the motor vehicle; or |
---|
| 1367 | + | 15 (B) inspection of the motor vehicle by the owner, lienholder, |
---|
| 1368 | + | 16 or insurance company; |
---|
| 1369 | + | 17 is not permitted during regular office hours by the towing |
---|
| 1370 | + | 18 company or storage facility. |
---|
| 1371 | + | 19 (4) Offer to provide compensation to a person for a referral |
---|
| 1372 | + | 20 unless the person and the towing company or storage facility |
---|
| 1373 | + | 21 have an executed contract in place. |
---|
| 1374 | + | 22 (5) Charge more than the fees that are included in a towing |
---|
| 1375 | + | 23 agreement or contract with the law enforcement agency that |
---|
| 1376 | + | 24 ordered the tow or the contract with the private property |
---|
| 1377 | + | 25 owner that ordered the tow under IC 9-22-1. |
---|
| 1378 | + | 26 SECTION 47. IC 24-14-11 IS ADDED TO THE INDIANA CODE |
---|
| 1379 | + | 27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1380 | + | 28 JULY 1, 2025]: |
---|
| 1381 | + | 29 Chapter 11. Towing Complaints |
---|
| 1382 | + | 30 Sec. 1. As used in this chapter, "complainant" means a person |
---|
| 1383 | + | 31 who files a towing complaint under this chapter. |
---|
| 1384 | + | 32 Sec. 2. As used in this chapter, "towing complaint" means a |
---|
| 1385 | + | 33 written complaint related to towing fees. |
---|
| 1386 | + | 34 Sec. 3. Not later than December 1, 2025, the attorney general |
---|
| 1387 | + | 35 shall create a form that may be used by a consumer to submit a |
---|
| 1388 | + | 36 towing complaint to the attorney general. |
---|
| 1389 | + | 37 Sec. 4. If the attorney general receives a towing complaint |
---|
| 1390 | + | 38 regarding a towing invoice that is greater than: |
---|
| 1391 | + | 39 (1) for a vehicle weighing less than twenty-six thousand |
---|
| 1392 | + | 40 (26,000) pounds, one thousand dollars ($1,000); or |
---|
| 1393 | + | 41 (2) for a vehicle weighing twenty-six thousand (26,000) pounds |
---|
| 1394 | + | 42 or more, twenty thousand dollars ($20,000); |
---|
| 1395 | + | EH 1390—LS 7417/DI 137 32 |
---|
| 1396 | + | 1 the attorney general shall follow the procedure set forth in section |
---|
| 1397 | + | 2 5 of this chapter. |
---|
| 1398 | + | 3 Sec. 5. Upon the attorney general's receipt of a towing complaint |
---|
| 1399 | + | 4 that meets the requirements of section 4 of this chapter, the |
---|
| 1400 | + | 5 attorney general shall do the following: |
---|
| 1401 | + | 6 (1) Direct the complainant to remit payment of seventy |
---|
| 1402 | + | 7 percent (70%) of the invoiced amount to the towing company |
---|
| 1403 | + | 8 and obtain a bond in the amount of thirty percent (30%) of |
---|
| 1404 | + | 9 the invoiced amount. |
---|
| 1405 | + | 10 (2) Once the complainant has provided evidence of the |
---|
| 1406 | + | 11 complainant's compliance with subdivision (1), forward a |
---|
| 1407 | + | 12 copy of the towing complaint to the towing complaint |
---|
| 1408 | + | 13 advisory board established by IC 24-14-11.5-3 and the towing |
---|
| 1409 | + | 14 company. |
---|
| 1410 | + | 15 SECTION 48. IC 24-14-11.5 IS ADDED TO THE INDIANA |
---|
| 1411 | + | 16 CODE AS A NEW CHAPTER TO READ AS FOLLOWS |
---|
| 1412 | + | 17 [EFFECTIVE JULY 1, 2025]: |
---|
| 1413 | + | 18 Chapter 11.5. Towing Complaint Advisory Board |
---|
| 1414 | + | 19 Sec. 1. As used in this chapter, "advisory board" means the |
---|
| 1415 | + | 20 towing complaint advisory board established by section 3 of this |
---|
| 1416 | + | 21 chapter. |
---|
| 1417 | + | 22 Sec. 2. As used in this chapter, "towing complaint" means a |
---|
| 1418 | + | 23 written complaint related to towing fees that is forwarded by the |
---|
| 1419 | + | 24 attorney general to the advisory board. |
---|
| 1420 | + | 25 Sec. 3. The towing complaint advisory board is established as a |
---|
| 1421 | + | 26 continuing board under the executive branch of state government |
---|
| 1422 | + | 27 for the purpose of advising the attorney general regarding towing |
---|
| 1423 | + | 28 complaints. The attorney general shall administer the advisory |
---|
| 1424 | + | 29 board. |
---|
| 1425 | + | 30 Sec. 4. (a) The advisory board consists of the following seven (7) |
---|
| 1426 | + | 31 members, all appointed by the governor: |
---|
| 1427 | + | 32 (1) One (1) member who represents the consumer. |
---|
| 1428 | + | 33 (2) Two (2) members who have broad experience in the |
---|
| 1429 | + | 34 towing industry, who represent different geographic regions |
---|
| 1430 | + | 35 of the state. |
---|
| 1431 | + | 36 (3) One (1) member who has broad experience in the trucking |
---|
| 1432 | + | 37 industry. |
---|
| 1433 | + | 38 (4) One (1) member who has broad experience in the |
---|
| 1434 | + | 39 insurance industry. |
---|
| 1435 | + | 40 (5) One (1) member who represents law enforcement. |
---|
| 1436 | + | 41 (6) One (1) member who has broad experience in the banking |
---|
| 1437 | + | 42 industry. |
---|
| 1438 | + | EH 1390—LS 7417/DI 137 33 |
---|
| 1439 | + | 1 (b) All members are voting members. |
---|
| 1440 | + | 2 (c) The member appointed under subsection (a)(1) shall serve as |
---|
| 1441 | + | 3 the advisory board chair. |
---|
| 1442 | + | 4 Sec. 5. (a) Members of the advisory board serve a four (4) year |
---|
| 1443 | + | 5 term that ends June 30 of each odd-numbered year but may be |
---|
| 1444 | + | 6 reappointed to subsequent terms. Members serve at the will of the |
---|
| 1445 | + | 7 appointing authority who appointed the member. |
---|
| 1446 | + | 8 (b) If a vacancy occurs, the appointing authority who appointed |
---|
| 1447 | + | 9 the member whose position is vacant shall appoint an individual to |
---|
| 1448 | + | 10 fill the vacancy. An appointment to fill a vacancy occurring before |
---|
| 1449 | + | 11 the expiration of a term is for the remainder of the unexpired term. |
---|
| 1450 | + | 12 Sec. 6. A member of the advisory board who is not a state |
---|
| 1451 | + | 13 employee is not entitled to the minimum salary per diem provided |
---|
| 1452 | + | 14 by IC 4-10-11-2.1(b). The member is, however, entitled to |
---|
| 1453 | + | 15 reimbursement for mileage and traveling expenses as provided |
---|
| 1454 | + | 16 under IC 4-13-1-4 and other expenses actually incurred in |
---|
| 1455 | + | 17 connection with the member's duties as provided in the state |
---|
| 1456 | + | 18 policies and procedures established by the Indiana department of |
---|
| 1457 | + | 19 administration and approved by the budget agency. |
---|
| 1458 | + | 20 Sec. 7. (a) Four (4) members of the advisory board constitute a |
---|
| 1459 | + | 21 quorum. |
---|
| 1460 | + | 22 (b) The affirmative vote of at least four (4) members of the |
---|
| 1461 | + | 23 advisory board is required for the advisory board to take any |
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| 1462 | + | 24 official action. |
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| 1463 | + | 25 (c) The advisory board shall meet at the call of the advisory |
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| 1464 | + | 26 board chair. |
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| 1465 | + | 27 Sec. 8. (a) The attorney general shall staff the advisory board. |
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| 1466 | + | 28 (b) The expenses of the advisory board shall be paid from funds |
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| 1467 | + | 29 appropriated to the attorney general. |
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| 1468 | + | 30 Sec. 9. (a) The advisory board shall establish procedures for |
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| 1469 | + | 31 reviewing and resolving towing complaints. |
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| 1470 | + | 32 (b) Upon receipt of a towing complaint, the advisory board shall |
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| 1471 | + | 33 give notice to the towing company against whom the towing |
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| 1472 | + | 34 complaint is directed and the advisory board shall provide |
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| 1473 | + | 35 information about the reconsideration process. |
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| 1474 | + | 36 Sec. 10. (a) The advisory board shall review a towing complaint |
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| 1475 | + | 37 not later than thirty (30) days after receiving the complaint from |
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| 1476 | + | 38 the attorney general and issue a determination not later than |
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| 1477 | + | 39 fifteen (15) days after the advisory board's review. The advisory |
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| 1478 | + | 40 board may agree to extend the deadlines under this subsection. |
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| 1479 | + | 41 (b) In reviewing a towing complaint received under subsection |
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| 1480 | + | 42 (a), the advisory board shall determine: |
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| 1481 | + | EH 1390—LS 7417/DI 137 34 |
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| 1482 | + | 1 (1) whether the amount the towing company charged was |
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| 1483 | + | 2 unreasonable; and |
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| 1484 | + | 3 (2) what constitutes a reasonable charge; |
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| 1485 | + | 4 based on the facts and circumstances of the towing complaint. |
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| 1486 | + | 5 (c) The advisory board shall calculate the amount a towing |
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| 1487 | + | 6 company overcharged a person using the advisory board's |
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| 1488 | + | 7 determination required under subsection (b). |
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| 1489 | + | 8 (d) The advisory board shall advise the attorney general of the |
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| 1490 | + | 9 advisory board's determination. The attorney general shall then |
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| 1491 | + | 10 take action to ensure the remittance of payment accordingly. |
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| 1492 | + | 11 (e) If the advisory board determines that a person owes a towing |
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| 1493 | + | 12 company an amount that is more than seventy percent (70%) of the |
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| 1494 | + | 13 invoiced amount paid by the person to the towing company under |
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| 1495 | + | 14 IC 24-14-11-5, the amount of the bond that is payable to the towing |
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| 1496 | + | 15 company based on the advisory board's determination must be |
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| 1497 | + | 16 paid to the towing company not later than seven (7) days after the |
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| 1498 | + | 17 determination is made. |
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| 1499 | + | 18 Sec. 11. If the advisory board does not review a complaint or |
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| 1500 | + | 19 issue a determination within the deadlines or any extension set |
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| 1501 | + | 20 forth in section 10(a) of this chapter, the invoiced amount is |
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| 1502 | + | 21 presumed to be reasonable. Any charges presumed to be |
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| 1503 | + | 22 reasonable due to the inaction of the advisory board may not be |
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| 1504 | + | 23 used as a basis to determine the reasonableness of an invoice in any |
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| 1505 | + | 24 future proceeding. |
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| 1506 | + | 25 SECTION 49. IC 34-30-2.1-103.8 IS ADDED TO THE INDIANA |
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| 1507 | + | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 1508 | + | 27 [EFFECTIVE JULY 1, 2025]: Sec. 103.8. IC 9-26-2-2 (Concerning |
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| 1509 | + | 28 reporting whether a driver's medical impairment may have |
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| 1510 | + | 29 contributed to an accident). |
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| 1511 | + | 30 SECTION 50. IC 36-9-4-29.4, AS AMENDED BY P.L.210-2023, |
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| 1512 | + | 31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1513 | + | 32 JULY 1, 2025]: Sec. 29.4. (a) This section does not apply to a public |
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| 1514 | + | 33 transportation corporation located in a county having a consolidated |
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| 1515 | + | 34 city. |
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| 1516 | + | 35 (b) A public transportation corporation may provide regularly |
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| 1517 | + | 36 scheduled passenger service to specifically designated locations outside |
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| 1518 | + | 37 the system's operational boundaries as described in IC 36-9-1-9 if all |
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| 1519 | + | 38 of the following conditions are met: |
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| 1520 | + | 39 (1) The legislative body of the municipality approves any |
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| 1521 | + | 40 expansion of the service outside the municipality's corporate |
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| 1522 | + | 41 boundaries. |
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| 1523 | + | 42 (2) The expanded service is reasonably required to do any of the |
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| 1524 | + | EH 1390—LS 7417/DI 137 35 |
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| 1525 | + | 1 following: |
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| 1526 | + | 2 (A) Enhance employment opportunities in the new service area |
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| 1527 | + | 3 or the existing service area. |
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| 1528 | + | 4 (B) Serve persons who are elderly, persons with a disability, or |
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| 1529 | + | 5 other persons who are in need of public transportation. |
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| 1530 | + | 6 (3) Except as provided in subsections (e) and (f), the expanded |
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| 1531 | + | 7 service does not extend beyond the boundary of the county in |
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| 1532 | + | 8 which the corporation is located. |
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| 1533 | + | 9 (c) Notwithstanding section 39 of this chapter, a public |
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| 1534 | + | 10 transportation corporation may provide demand responsive service |
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| 1535 | + | 11 outside of the system's operational boundaries as described in |
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| 1536 | + | 12 IC 36-9-1-9 if the conditions listed in subsection (b) are met. |
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| 1537 | + | 13 (d) The board may contract with a private operator for the operation |
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| 1538 | + | 14 of an expanded service under this section. |
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| 1539 | + | 15 (e) Subsection (b)(3) does not apply to a special purpose bus (as |
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| 1540 | + | 16 defined in IC 20-27-2-10) or a school bus (as defined in IC 20-27-2-8) |
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| 1541 | + | 17 that provides expanded service for a purpose permitted under |
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| 1542 | + | 18 IC 20-27-9. |
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| 1543 | + | 19 (f) A county having a population of more than one hundred |
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| 1544 | + | 20 eighty-five thousand (185,000) and less than two hundred thousand |
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| 1545 | + | 21 (200,000) may enter into an interlocal cooperation agreement with an |
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| 1546 | + | 22 adjacent county under IC 36-1-7 to allow a public transportation |
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| 1547 | + | 23 corporation to provide expanded service beyond the boundary of the |
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| 1548 | + | 24 county in which the corporation is located. |
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| 1549 | + | 25 SECTION 51. An emergency is declared for this act. |
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| 1550 | + | EH 1390—LS 7417/DI 137 36 |
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