Indiana 2025 Regular Session

Indiana House Bill HB1493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1493.1~~
2		-	~~February 3, 2025~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1493
4	4		_____
5		-	DIGEST OF HB 1493 (Updated February 3, 2025 1:13 pm - DI 137)
6		-	Citations Affected: IC 5-2; IC 9-22; IC 10-11; IC 24-14.
7		-	Synopsis: Regulation of towing services. Requires a local law
8		-	enforcement agency to establish a written policy or enter into a contract
9		-	for a towing rotation for emergency towing. Requires a towing
10		-	company to release property to an owner not later than 24 hours after
11		-	partial payment is received for an invoice. Adds requirements for an
12		-	itemized invoice provided by a towing company. Requires a towing
13		-	company to create a rate sheet. Establishes rates a towing company
14		-	may charge for fees for emergency towing or private property towing.
15		-	Establishes a towing complaint process and the towing complaint
16		-	advisory board.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 24-14.
	7	+	Synopsis: Regulation of towing services. Establishes the towing
	8	+	complaint board to review and resolve towing complaints. Requires an
	9	+	attestation on invoices of actual towing charges assessed by a towing
	10	+	company that all equipment billed for was necessary and used.
	11	+	Prohibits certain towing companies from offering compensation for
	12	+	referrals. Requires a law enforcement agency to periodically review a
	13	+	towing company's rate sheets and whether the towing company has
	14	+	been issued a fine by the towing complaint board. Provides that upon
	15	+	payment of 50% of the charges and a copy of a filed complaint with the
	16	+	towing complaint board, a towing company or storage shall release any
	17	+	property within 24 hours.
17	18		Effective: July 1, 2025.
18		-	Criswell~~, Pressel, Lehman, Andrade~~
	19	+	Criswell
19	20		January 21, 2025, read first time and referred to Committee on Roads and Transportation.
20		-	February 3, 2025, amended, reported — Do Pass.
21		-	HB 1493—LS 7680/DI 151 February 3, 2025
	21	+	2025 IN 1493—LS 7680/DI 151 Introduced
22	22		First Regular Session of the 124th General Assembly (2025)
23	23		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24		Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25		additions will appear in this style type, and deletions will appear in this style type.
26	26		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27		provision adopted), the text of the new provision will appear in this style type. Also, the
28	28		word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29		a new provision to the Indiana Code or the Indiana Constitution.
30	30		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31		between statutes enacted by the 2024 Regular Session of the General Assembly.
32	32		HOUSE BILL No. 1493
33	33		A BILL FOR AN ACT to amend the Indiana Code concerning trade
34	34		regulation.
35	35		Be it enacted by the General Assembly of the State of Indiana:
36		-	1 SECTION 1. IC 5-2-26.1 IS ADDED TO THE INDIANA CODE
37		-	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38		-	3 JULY 1, 2025]:
39		-	4 Chapter 26.1. Towing Rotation Requirements
40		-	5 Sec. 1. The definitions in IC 24-14-2 apply throughout this
41		-	6 chapter.
42		-	7 Sec. 2. A local law enforcement agency shall do at least one (1)
43		-	8 of the following for emergency towing:
44		-	9 (1) Establish a written policy for towing rotations.
45		-	10 (2) Enter into a contract.
46		-	11 Sec. 3. (a) This section applies to:
47		-	12 (1) a written policy established after June 30, 2025; and
48		-	13 (2) a contract entered into, amended, or renewed after June
49		-	14 30, 2025.
50		-	15 (b) A written policy or contract required under section 2 of this
51		-	16 chapter must include the following, as applicable:
52		-	17 (1) The length of time of the contract between the towing
53		-	HB 1493—LS 7680/DI 151 2
54		-	1 company and the local law enforcement agency, including
55		-	2 renewal periods.
56		-	3 (2) Rates for all services, including standby rates.
57		-	4 (3) Rates for storage and the timing for when storage charges
58		-	5 begin.
59		-	6 (4) The allowable administrative fee for each service and
60		-	7 when the fee is applicable.
61		-	8 (5) Truck and equipment requirements.
62		-	9 (6) Availability of a towing company to respond to calls.
63		-	10 (7) Response time requirements.
64		-	11 (8) Storage lot requirements.
65		-	12 (9) Availability for the owner to pick up the vehicle, including
66		-	13 after hours.
67		-	14 (10) Access to personal belongings in a vehicle that is in
68		-	15 storage.
69		-	16 (11) Markup percentages for items or services provided by
70		-	17 third parties.
71		-	18 (12) A provision that allows the local law enforcement agency
72		-	19 to suspend or remove a towing company that violates the
73		-	20 written policy.
74		-	21 (13) A prohibition on charging fees that are not listed under
75		-	22 the written policy or contract.
76		-	23 Sec. 4. A local law enforcement agency may not use a towing
77		-	24 company that charges unreasonable fees as part of its towing
78		-	25 rotation. A local law enforcement agency must perform a periodic
79		-	26 review of a towing company's rates for reasonableness.
80		-	27 Sec. 5. A contract required under section 2 of this chapter may
81		-	28 not include a minimum number of hours for a towing service to be
82		-	29 invoiced.
83		-	30 SECTION 2. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
84		-	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
85		-	32 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
86		-	33 identified person who owns or holds a lien on a vehicle appears at the
87		-	34 site of storage before disposal of the vehicle or parts and pays all costs
88		-	35 relating to a tow, the storage of the vehicle, and all allowable fees, as
89		-	36 applicable, the vehicle or parts shall be released.
90		-	37 (b) A towing service or storage yard may not charge an inspection
91		-	38 fee to an owner, a lienholder, or an insurance company representative
92		-	39 to inspect a vehicle or retrieve items from the vehicle. A fee under this
93		-	40 subsection must be refunded if the costs relating to a tow, the storage
94		-	41 of the vehicle, and all allowable fees, as applicable, are paid under
95		-	42 subsection (a).
96		-	HB 1493—LS 7680/DI 151 3
97		-	1 (c) A towing service or storage yard must accept payment made by
98		-	2 any of the following means from a person seeking to release a vehicle
99		-	3 under this section:
100		-	4 (1) Cash.
101		-	5 (2) Certified check.
102		-	6 (3) Insurance check.
103		-	7 (4) Money order.
104		-	8 A towing service or storage facility may elect to accept payment by
105		-	9 means of a credit card or debit card.
106		-	10 (d) Upon receiving payment of all costs relating to a tow, the storage
107		-	11 of a vehicle, and all allowable fees, as applicable, a towing service or
108		-	12 storage yard shall provide to the person making payment an itemized
109		-	13 receipt that includes the information set forth in IC 24-14-5, to the
110		-	14 extent the information is known or available.
111		-	15 (e) A towing service or storage yard must be open for business and
112		-	16 accessible by telephone during regular office hours. A towing service
113		-	17 or storage yard must provide a telephone number that is available on a
114		-	18 twenty-four (24) hour basis to receive calls and messages from callers,
115		-	19 including calls made outside of regular office hours. All calls made to
116		-	20 a towing service or storage yard must be returned within twenty-four
117		-	21 (24) hours from the time received. However, if adverse weather, an act
118		-	22 of God, or an emergency situation over which the towing service or
119		-	23 storage yard has no control prevents the towing service or storage yard
120		-	24 from returning calls within twenty-four (24) hours, the towing service
121		-	25 or storage yard shall return all calls received as quickly as possible.
122		-	26 (f) A towing service or storage yard shall, if required, notify the
123		-	27 appropriate public agency of all releases under this section. The
124		-	28 notification must include:
125		-	29 (1) the name and address of:
126		-	30 (A) the person that owns or holds a lien on the vehicle; and
127		-	31 (B) the insurance company that insures the vehicle, if the
128		-	32 vehicle was released to a representative of the insurance
129		-	33 company;
130		-	34 (2) the signature of the individual to whom the vehicle was
131		-	35 released;
132		-	36 (3) a description of the vehicle or parts;
133		-	37 (4) costs paid; and
134		-	38 (5) the date of release.
135		-	39 (g) A towing company shall release property to an owner or an
136		-	40 owner's designee not later than twenty-four (24) hours after the
137		-	41 towing company's receipt of:
138		-	42 (1) payment of fifty percent (50%) of the amount of the
139		-	HB 1493—LS 7680/DI 151 4
140		-	1 invoice; and
141		-	2 (2) a copy of a towing complaint filed with the attorney
142		-	3 general under IC 24-14-11 that includes the amount of the
143		-	4 bond obtained by the owner for the remainder of the amount
144		-	5 of the invoice.
145		-	6 SECTION 3. IC 9-22-1-16, AS AMENDED BY P.L.262-2013,
146		-	7 SECTION 105, IS AMENDED TO READ AS FOLLOWS
147		-	8 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) If after twenty-four (24)
148		-	9 hours the person who owns a vehicle believed to be abandoned on
149		-	10 private property has not removed the vehicle from the private property,
150		-	11 the person who owns or controls the private property on which the
151		-	12 vehicle is believed to be abandoned may have the vehicle towed from
152		-	13 the private property.
153		-	14 (b) Notwithstanding subsection (a), in an emergency situation a
154		-	15 vehicle believed to be abandoned on private property may be removed
155		-	16 immediately. As used in this subsection, "emergency situation" means
156		-	17 that the presence of the vehicle believed to be abandoned interferes
157		-	18 physically with the conduct of normal business operations of the person
158		-	19 who owns or controls the private property or poses a threat to the safety
159		-	20 or security of persons or property, or both.
160		-	21 (c) A person who owns or controls the private property must
161		-	22 have a contract with a towing company to tow under this section.
162		-	23 For contracts entered into, amended, or renewed after June 30,
163		-	24 2025, the contract must include the following:
164		-	25 (1) Rates for removal.
165		-	26 (2) Rates for storage.
166		-	27 (3) Any fees that are permitted.
167		-	28 (4) Location and telephone number of the private property.
168		-	29 (5) Hours that a vehicle may be picked up.
169		-	30 SECTION 4. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
170		-	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
171		-	32 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
172		-	33 shall review its rate sheet for towing service not less than one (1)
173		-	34 time per calendar year.
174		-	35 SECTION 5. IC 24-14-2-3.8 IS ADDED TO THE INDIANA CODE
175		-	36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
176		-	37 1, 2025]: Sec. 3.8. "Compensation" means any money, thing of
177		-	38 value, or economic benefit conferred on, or received by, a person
178		-	39 in return for services rendered, or for services to be rendered,
179		-	40 whether by that person or another person.
180		-	41 SECTION 6. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
181		-	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
182		-	HB 1493—LS 7680/DI 151 5
183		-	1 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
184		-	2 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
185		-	3 SECTION 7. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
186		-	4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
187		-	5 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
188		-	6 charges assessed by a towing company shall be made available to the
189		-	7 owner of the motor vehicle or the owner's agent not later than one (1)
190		-	8 business day after:
191		-	9 (1) the tow is completed; or
192		-	10 (2) the towing company has obtained all necessary information to
193		-	11 be included on the invoice, including any charges submitted by
194		-	12 subcontractors used by the towing company to complete the tow
195		-	13 and recovery.
196		-	14 (b) The itemized invoice required by this section must contain the
197		-	15 following information:
198		-	16 (1) The location from which the motor vehicle was towed.
199		-	17 (2) The location to which the motor vehicle was towed.
200		-	18 (3) The name, address, and telephone number of the towing
201		-	19 company.
202		-	20 (4) A description of the towed motor vehicle, including the:
203		-	21 (A) make;
204		-	22 (B) model;
205		-	23 (C) year; and
206		-	24 (D) vehicle identification number;
207		-	25 of the motor vehicle.
208		-	26 (5) The license plate number and state of registration for the
209		-	27 towed motor vehicle.
210		-	28 (6) The cost of the original towing service.
211		-	29 (7) The cost of any vehicle storage fees, expressed as a daily rate.
212		-	30 (8) Other fees, including documentation fees and motor vehicle
213		-	31 search fees. Each fee must include a full description of the
214		-	32 services that were provided.
215		-	33 (9) The costs for services that were performed under a warranty
216		-	34 or that were otherwise performed at no cost to the owner of the
217		-	35 motor vehicle.
218		-	36 (10) An attestation that all items invoiced were used and
219		-	37 necessary in the ordinary course of business.
220		-	38 (11) The time that each invoiced item was used and the
221		-	39 location.
222		-	40 (12) The number of miles the vehicle was towed.
223		-	41 (c) Any service or fee in addition to the services or fees described
224		-	42 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
225		-	HB 1493—LS 7680/DI 151 6
226		-	1 a single line item on the invoice required by this section, with an
227		-	2 explanation and the exact charge for the service or the exact amount of
228		-	3 the fee.
229		-	4 (d) A copy of each invoice and receipt submitted by a tow truck
230		-	5 operator in accordance with this section shall:
231		-	6 (1) be retained by the towing company for a period of two (2)
232		-	7 years from the date of issuance; and
233		-	8 (2) throughout the two (2) year period described in subdivision
234		-	9 (1), be made available for inspection and copying not later than
235		-	10 forty-eight (48) hours after receiving a written request for
236		-	11 inspection from:
237		-	12 (A) a law enforcement agency;
238		-	13 (B) the attorney general;
239		-	14 (C) the prosecuting attorney or city attorney having
240		-	15 jurisdiction in the location of any of the towing company's
241		-	16 Indiana business locations;
242		-	17 (D) the disabled motor vehicle's owner; or
243		-	18 (E) the agent of the disabled motor vehicle's owner.
244		-	19 SECTION 8. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
245		-	20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
246		-	21 1, 2025]: Sec. 2. (a) A towing company that provides towing and
247		-	22 storage services under this article must create a rate sheet that
248		-	23 includes the cost and charging rate, if applicable, for the following
249		-	24 services:
250		-	25 (1) Any tow provided by the towing company.
251		-	26 (2) Any clean-up service provided by the towing company.
252		-	27 (3) Any labor or storage charge assessed by the towing
253		-	28 company.
254		-	29 (4) Any other additional fee or surcharge reasonably related
255		-	30 to the tow.
256		-	31 A rate sheet may not include any charges for administrative or
257		-	32 inspection fees. A towing company may not charge an
258		-	33 administrative or inspection fee.
259		-	34 (b) A rate sheet described in subsection (a) shall be:
260		-	35 (1) conspicuously displayed at each towing company's place
261		-	36 of business; and
262		-	37 (2) provided to any customer or patron upon request.
263		-	38 (c) If the owner of a vehicle is present at the time of the tow, a
264		-	39 tow truck operator must provide the owner of the vehicle with the
265		-	40 rate sheet described in subsection (a) prior to attaching the vehicle
266		-	41 to the tow truck.
267		-	42 (d) Assessing a cost or charging a rate in excess of the applicable
268		-	HB 1493—LS 7680/DI 151 7
269		-	1 cost or charging rate displayed on a rate sheet described in
270		-	2 subsection (a) constitutes a deceptive act (as defined in
271		-	3 IC 24-14-10-1).
272		-	4 SECTION 9. IC 24-14-5-3 IS ADDED TO THE INDIANA CODE
273		-	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
274		-	6 1, 2025]: Sec. 3. A towing company may charge fees for emergency
275		-	7 towing and private property towing as follows:
276		-	8 (1) If the towing service is an emergency towing requested by
277		-	9 the state police department and the towing company has filed
278		-	10 its rates to be part of the state police department's towing
279		-	11 rotation, at the rate provided to the state police department.
280		-	12 (2) If the towing service is an emergency towing requested by
281		-	13 a local law enforcement agency and the local law enforcement
282		-	14 agency has set rates, at the rate of the local law enforcement
283		-	15 agency.
284		-	16 (3) If the towing service is an emergency towing requested by
285		-	17 a local law enforcement agency and the local law enforcement
286		-	18 agency does not have set rates, at the following rates:
287		-	19 (A) The rate the towing company provides to the state
288		-	20 police department district in which the tow occurs.
289		-	21 (B) If the towing company does not have rates filed with
290		-	22 the state police department district in which the tow
291		-	23 occurs, then a rate that is not more than the state police
292		-	24 department district's towing and storage agreements.
293		-	25 (4) If the towing service is a private property towing
294		-	26 requested by a property owner, at the rate applicable under
295		-	27 subdivision (2) or (3).
296		-	28 SECTION 10. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
297		-	29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
298		-	30 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
299		-	31 of the following:
300		-	32 (1) A truck (as defined in IC 9-13-2-188).
301		-	33 (2) A trailer (as defined in IC 9-13-2-184).
302		-	34 (3) Cargo.
303		-	35 (b) A person may file a complaint with the towing complaint
304		-	36 advisory board under IC 24-14-11.5 if the person:
305		-	37 (1) owns or holds a lien on property held at a towing company
306		-	38 or storage facility; and
307		-	39 (2) believes the charges relating to a tow or the storage of the
308		-	40 property are unreasonable.
309		-	41 (c) Not later than twenty-four (24) hours after receipt of:
310		-	42 (1) fifty percent (50%) of the amount charged; and
311		-	HB 1493—LS 7680/DI 151 8
312		-	1 (2) a copy of a complaint filed with the towing complaint
313		-	2 advisory board under IC 24-14-11.5;
314		-	3 a towing company or storage facility shall release all property to
315		-	4 a properly identified person who owns or holds a lien on the
316		-	5 property.
317		-	6 SECTION 11. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
318		-	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
319		-	8 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
320		-	9 facility shall furnish a copy of the invoice described in IC 24-14-5 and
321		-	10 all supporting documentation, including payroll records and copies
322		-	11 of invoices from third parties that are included on the invoice, to a
323		-	12 local law enforcement agency or the office of the attorney general.
324		-	13 SECTION 12. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
325		-	14 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
326		-	15 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
327		-	16 following:
328		-	17 (1) Falsely represent, either expressly or by implication, that the
329		-	18 towing company represents or is approved by any organization
330		-	19 that provides emergency road service for disabled motor vehicles.
331		-	20 (2) Require the owner or operator of a disabled motor vehicle to
332		-	21 preauthorize:
333		-	22 (A) repair work; or
334		-	23 (B) more than twenty-four (24) hours of storage;
335		-	24 as a condition for providing towing service for the disabled motor
336		-	25 vehicle.
337		-	26 (3) Charge more than one (1) towing fee when the owner or
338		-	27 operator of a disabled motor vehicle requests that the disabled
339		-	28 motor vehicle be towed to a repair facility owned or operated by
340		-	29 the towing company.
341		-	30 (4) Tow a motor vehicle to a repair facility unless:
342		-	31 (A) either:
343		-	32 (i) the owner of the motor vehicle; or
344		-	33 (ii) the owner's designated representative;
345		-	34 gives consent for the motor vehicle to be towed to the repair
346		-	35 facility; and
347		-	36 (B) the consent described in clause (A) is given before the
348		-	37 motor vehicle is removed from the location from which it is to
349		-	38 be towed.
350		-	39 The prohibition set forth in this subdivision does not apply in any
351		-	40 case in which a towing company tows a motor vehicle to a storage
352		-	41 facility that includes a repair facility on the same site.
353		-	42 (5) Offer or provide compensation to a person for a towing
354		-	HB 1493—LS 7680/DI 151 9
355		-	1 referral unless the person and towing company have a prior
356		-	2 contract.
357		-	3 SECTION 13. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
358		-	4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359		-	5 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
360		-	6 do any of the following:
361		-	7 (1) Upon payment of all costs relating to a tow, motor vehicle
362		-	8 storage, and all allowable fees, as applicable, refuse to release the
363		-	9 motor vehicle during regular office hours to a properly identified
364		-	10 person who owns or holds a lien on the motor vehicle in
365		-	11 accordance with the procedures and subject to the same
366		-	12 requirements set forth in IC 9-22-1-8 with respect to abandoned
367		-	13 motor vehicles. However, a towing company or storage facility
368		-	14 shall not release a motor vehicle in any case in which a local law
369		-	15 enforcement agency has ordered the motor vehicle not to be
370		-	16 released, or in any case in which the motor vehicle cannot be
371		-	17 released because of pending litigation.
372		-	18 (2) Refuse to permit:
373		-	19 (A) a properly identified person who owns or holds a lien on
374		-	20 a motor vehicle; or
375		-	21 (B) a representative of the insurance company that insures the
376		-	22 motor vehicle, if the vehicle is covered by an active policy of
377		-	23 insurance;
378		-	24 to inspect the motor vehicle during regular office hours before all
379		-	25 costs incurred against the motor vehicle are paid or the motor
380		-	26 vehicle is released. An inspection fee may not be charged for an
381		-	27 inspection that occurs during regular office hours.
382		-	28 (3) Charge any storage fee for a stored motor vehicle with respect
383		-	29 to any day on which:
384		-	30 (A) release of the motor vehicle; or
385		-	31 (B) inspection of the motor vehicle by the owner, lienholder,
386		-	32 or insurance company;
387		-	33 is not permitted during regular office hours by the towing
388		-	34 company or storage facility.
389		-	35 (4) Offer to provide compensation to a person for a referral
390		-	36 unless the person and the towing company or storage facility
391		-	37 have an executed contract in place.
392		-	38 (5) Charge more than the fees that are included in a towing
393		-	39 agreement or contract with the law enforcement agency that
394		-	40 ordered the tow or the contract with the private property
395		-	41 owner that ordered the tow under IC 9-22-1.
396		-	42 SECTION 14. IC 24-14-11 IS ADDED TO THE INDIANA CODE
397		-	HB 1493—LS 7680/DI 151 10
398		-	1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
399		-	2 JULY 1, 2025]:
400		-	3 Chapter 11. Towing Complaints
401		-	4 Sec. 1. As used in this chapter, "complainant" means a person
402		-	5 who files a towing complaint under this chapter.
403		-	6 Sec. 2. As used in this chapter, "towing complaint" means a
404		-	7 written complaint related to towing fees.
405		-	8 Sec. 3. Not later than December 1, 2025, the attorney general
406		-	9 shall create a form that may be used by a consumer to submit a
407		-	10 towing complaint to the attorney general.
408		-	11 Sec. 4. If the attorney general receives a towing complaint
409		-	12 regarding a towing invoice that is greater than:
410		-	13 (1) for a vehicle weighing less than twenty-six thousand
411		-	14 (26,000) pounds, five hundred dollars ($500); or
412		-	15 (2) for a vehicle weighing twenty-six thousand (26,000) pounds
413		-	16 or more, five thousand dollars ($5,000);
414		-	17 the attorney general shall follow the procedure set forth in section
415		-	18 5 of this chapter.
416		-	19 Sec. 5. Upon the attorney general's receipt of a towing complaint
417		-	20 that meets the requirements of section 4 of this chapter, the
418		-	21 attorney general shall do the following:
419		-	22 (1) Direct the complainant to remit payment of fifty percent
420		-	23 (50%) of the invoiced amount to the towing company and
421		-	24 obtain a bond in the amount of fifty percent (50%) of the
422		-	25 invoiced amount.
423		-	26 (2) Once the complainant has provided evidence of the
424		-	27 complainant's compliance with subdivision (1), forward a
425		-	28 copy of the towing complaint to the towing complaint
426		-	29 advisory board established by IC 24-14-11.5-3 and the towing
427		-	30 company.
428		-	31 SECTION 15. IC 24-14-11.5 IS ADDED TO THE INDIANA
429		-	32 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
430		-	33 [EFFECTIVE JULY 1, 2025]:
431		-	34 Chapter 11.5. Towing Complaint Advisory Board
432		-	35 Sec. 1. As used in this chapter, "advisory board" means the
433		-	36 towing complaint advisory board established by section 3 of this
434		-	37 chapter.
	36	+	1 SECTION 1. IC 24-14-2-3.8 IS ADDED TO THE INDIANA CODE
	37	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	38	+	3 1, 2025]: Sec. 3.8. "Compensation" means any money, thing of
	39	+	4 value, or economic benefit conferred on, or received by, a person
	40	+	5 in return for services rendered, or for services to be rendered,
	41	+	6 whether by that person or another person.
	42	+	7 SECTION 2. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
	43	+	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
	44	+	9 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
	45	+	10 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
	46	+	11 SECTION 3. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
	47	+	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	48	+	13 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
	49	+	14 charges assessed by a towing company shall be made available to the
	50	+	15 owner of the motor vehicle or the owner's agent not later than one (1)
	51	+	16 business day after:
	52	+	17 (1) the tow is completed; or
	53	+	2025 IN 1493—LS 7680/DI 151 2
	54	+	1 (2) the towing company has obtained all necessary information to
	55	+	2 be included on the invoice, including any charges submitted by
	56	+	3 subcontractors used by the towing company to complete the tow
	57	+	4 and recovery.
	58	+	5 (b) The itemized invoice required by this section must contain the
	59	+	6 following information:
	60	+	7 (1) The location from which the motor vehicle was towed.
	61	+	8 (2) The location to which the motor vehicle was towed.
	62	+	9 (3) The name, address, and telephone number of the towing
	63	+	10 company.
	64	+	11 (4) A description of the towed motor vehicle, including the:
	65	+	12 (A) make;
	66	+	13 (B) model;
	67	+	14 (C) year; and
	68	+	15 (D) vehicle identification number;
	69	+	16 of the motor vehicle.
	70	+	17 (5) The license plate number and state of registration for the
	71	+	18 towed motor vehicle.
	72	+	19 (6) The cost of the original towing service.
	73	+	20 (7) The cost of any vehicle storage fees, expressed as a daily rate.
	74	+	21 (8) Other fees, including documentation fees and motor vehicle
	75	+	22 search fees.
	76	+	23 (9) The costs for services that were performed under a warranty
	77	+	24 or that were otherwise performed at no cost to the owner of the
	78	+	25 motor vehicle.
	79	+	26 (10) An attestation that all equipment billed for was necessary
	80	+	27 and used.
	81	+	28 (c) Any service or fee in addition to the services or fees described
	82	+	29 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
	83	+	30 a single line item on the invoice required by this section, with an
	84	+	31 explanation and the exact charge for the service or the exact amount of
	85	+	32 the fee.
	86	+	33 (d) A copy of each invoice and receipt submitted by a tow truck
	87	+	34 operator in accordance with this section shall:
	88	+	35 (1) be retained by the towing company for a period of two (2)
	89	+	36 years from the date of issuance; and
	90	+	37 (2) throughout the two (2) year period described in subdivision
	91	+	38 (1), be made available for inspection and copying not later than
	92	+	39 forty-eight (48) hours after receiving a written request for
	93	+	40 inspection from:
	94	+	41 (A) a law enforcement agency;
	95	+	42 (B) the attorney general;
	96	+	2025 IN 1493—LS 7680/DI 151 3
	97	+	1 (C) the prosecuting attorney or city attorney having
	98	+	2 jurisdiction in the location of any of the towing company's
	99	+	3 Indiana business locations;
	100	+	4 (D) the disabled motor vehicle's owner; or
	101	+	5 (E) the agent of the disabled motor vehicle's owner.
	102	+	6 SECTION 4. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
	103	+	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	104	+	8 1, 2025]: Sec. 2. (a) If a law enforcement agency uses a towing
	105	+	9 company for towing services, the law enforcement agency shall
	106	+	10 periodically review:
	107	+	11 (1) the rate sheet listing the cost and charging rate, if
	108	+	12 applicable, for each service provided by the towing company;
	109	+	13 and
	110	+	14 (2) whether the towing company has been issued a fine under
	111	+	15 IC 24-14-11.
	112	+	16 (b) Upon a review described in subsection (a), if it is determined
	113	+	17 that a towing company:
	114	+	18 (1) is charging unreasonable rates; or
	115	+	19 (2) has been issued a fine under IC 24-14-11;
	116	+	20 a law enforcement agency may terminate or suspend any
	117	+	21 agreement to use the towing company's services.
	118	+	22 SECTION 5. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
	119	+	23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	120	+	24 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
	121	+	25 of the following:
	122	+	26 (1) A truck (as defined in IC 9-13-2-188).
	123	+	27 (2) A trailer (as defined in IC 9-13-2-184).
	124	+	28 (3) Cargo.
	125	+	29 (b) A person may file a complaint with the towing complaint
	126	+	30 board under IC 24-14-11 if the person:
	127	+	31 (1) owns or holds a lien on property held at a towing company
	128	+	32 or storage facility; and
	129	+	33 (2) believes the charges relating to a tow or the storage of the
	130	+	34 property are unreasonable.
	131	+	35 (c) Not later than twenty-four (24) hours after receipt of:
	132	+	36 (1) fifty percent (50%) of the amount charged; and
	133	+	37 (2) a copy of a complaint filed with the towing complaint
	134	+	38 board under IC 24-14-11;
	135	+	39 a towing company or storage facility shall release all property to
	136	+	40 a properly identified person who owns or holds a lien on the
	137	+	41 property.
	138	+	42 SECTION 6. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
	139	+	2025 IN 1493—LS 7680/DI 151 4
	140	+	1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	141	+	2 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
	142	+	3 following:
	143	+	4 (1) Falsely represent, either expressly or by implication, that the
	144	+	5 towing company represents or is approved by any organization
	145	+	6 that provides emergency road service for disabled motor vehicles.
	146	+	7 (2) Require the owner or operator of a disabled motor vehicle to
	147	+	8 preauthorize:
	148	+	9 (A) repair work; or
	149	+	10 (B) more than twenty-four (24) hours of storage;
	150	+	11 as a condition for providing towing service for the disabled motor
	151	+	12 vehicle.
	152	+	13 (3) Charge more than one (1) towing fee when the owner or
	153	+	14 operator of a disabled motor vehicle requests that the disabled
	154	+	15 motor vehicle be towed to a repair facility owned or operated by
	155	+	16 the towing company.
	156	+	17 (4) Tow a motor vehicle to a repair facility unless:
	157	+	18 (A) either:
	158	+	19 (i) the owner of the motor vehicle; or
	159	+	20 (ii) the owner's designated representative;
	160	+	21 gives consent for the motor vehicle to be towed to the repair
	161	+	22 facility; and
	162	+	23 (B) the consent described in clause (A) is given before the
	163	+	24 motor vehicle is removed from the location from which it is to
	164	+	25 be towed.
	165	+	26 The prohibition set forth in this subdivision does not apply in any
	166	+	27 case in which a towing company tows a motor vehicle to a storage
	167	+	28 facility that includes a repair facility on the same site.
	168	+	29 (5) Offer or provide compensation to a person for a towing
	169	+	30 referral unless the person and towing company have a prior
	170	+	31 contract.
	171	+	32 SECTION 7. IC 24-14-11 IS ADDED TO THE INDIANA CODE
	172	+	33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	173	+	34 JULY 1, 2025]:
	174	+	35 Chapter 11. Towing Complaint Board
	175	+	36 Sec. 1. As used in this chapter, "board" means the towing
	176	+	37 complaint board established by section 3 of this chapter.
435	177		38 Sec. 2. As used in this chapter, "towing complaint" means a
436		-	39 written complaint related to towing fees that is forwarded by the
437		-	40 attorney general to the advisory board.
438		-	41 Sec. 3. The towing complaint advisory board is established as a
439		-	42 continuing board under the executive branch of state government
440		-	HB 1493—LS 7680/DI 151 11
441		-	1 for the purpose of advising the attorney general regarding towing
442		-	2 complaints. The attorney general shall administer the advisory
443		-	3 board.
444		-	4 Sec. 4. (a) The advisory board consists of the following seven (7)
445		-	5 members, all appointed by the governor:
446		-	6 (1) One (1) member who represents the consumer.
447		-	7 (2) One (1) member who has broad experience in the towing
448		-	8 industry.
449		-	9 (3) One (1) member who has broad experience in the trucking
450		-	10 industry.
451		-	11 (4) One (1) member who has broad experience in the
452		-	12 insurance industry.
453		-	13 (5) One (1) member from the state police department.
454		-	14 (6) One (1) member who has broad experience in the banking
455		-	15 industry.
456		-	16 (7) One (1) member who has experience in the car sales
457		-	17 industry.
458		-	18 (b) All members are voting members.
459		-	19 (c) The member appointed under subsection (a)(1) shall serve as
460		-	20 the advisory board chair.
461		-	21 Sec. 5. (a) Members of the advisory board serve a four (4) year
462		-	22 term that ends June 30 of each odd-numbered year but may be
463		-	23 reappointed to subsequent terms. Members serve at the will of the
464		-	24 appointing authority who appointed the member
465		-	25 (b) If a vacancy occurs, the appointing authority who appointed
466		-	26 the member whose position is vacant shall appoint an individual to
467		-	27 fill the vacancy. An appointment to fill a vacancy occurring before
468		-	28 the expiration of a term is for the remainder of the unexpired term.
469		-	29 Sec. 6. A member of the advisory board who is not a state
470		-	30 employee is not entitled to the minimum salary per diem provided
471		-	31 by IC 4-10-11-2.1(b). The member is, however, entitled to
472		-	32 reimbursement for mileage and traveling expenses as provided
473		-	33 under IC 4-13-1-4 and other expenses actually incurred in
474		-	34 connection with the member's duties as provided in the state
475		-	35 policies and procedures established by the Indiana department of
476		-	36 administration and approved by the budget agency.
477		-	37 Sec. 7. (a) Four (4) members of the advisory board constitute a
478		-	38 quorum.
479		-	39 (b) The affirmative vote of at least four (4) members of the
480		-	40 advisory board is required for the advisory board to take any
481		-	41 official action.
482		-	42 (c) The advisory board shall meet at the call of the advisory
483		-	HB 1493—LS 7680/DI 151 12
484		-	1 board chair.
485		-	2 Sec. 8. (a) The attorney general shall staff the advisory board.
486		-	3 (b) The expenses of the advisory board shall be paid from funds
487		-	4 appropriated to the attorney general.
488		-	5 Sec. 9. (a) The advisory board shall establish procedures for
489		-	6 reviewing and resolving towing complaints.
490		-	7 (b) Upon receipt of a towing complaint, the advisory board shall
491		-	8 give notice to the towing company against whom the towing
492		-	9 complaint is directed and the advisory board shall provide
493		-	10 information about the reconsideration process.
494		-	11 Sec. 10. (a) The advisory board shall review a towing complaint
495		-	12 not later than thirty (30) days after receiving the complaint from
496		-	13 the attorney general and issue a determination not later than
497		-	14 fifteen (15) days after the advisory board's review.
498		-	15 (b) In reviewing a towing complaint received under subsection
499		-	16 (a), the advisory board shall determine:
500		-	17 (1) whether the amount the towing company charged was
501		-	18 unreasonable; and
502		-	19 (2) what constitutes a reasonable charge;
503		-	20 based on the facts and circumstances of the towing complaint.
504		-	21 (c) The advisory board shall calculate the amount a towing
505		-	22 company overcharged a person using the advisory board's
506		-	23 determination required under subsection (b).
507		-	24 (d) The advisory board shall advise the attorney general of the
508		-	25 advisory board's determination. The attorney general shall then
509		-	26 take action to ensure the remittance of payment accordingly.
510		-	HB 1493—LS 7680/DI 151 13
511		-	COMMITTEE REPORT
512		-	Mr. Speaker: Your Committee on Roads and Transportation, to
513		-	which was referred House Bill 1493, has had the same under
514		-	consideration and begs leave to report the same back to the House with
515		-	the recommendation that said bill be amended as follows:
516		-	Page 1, between the enacting clause and line 1, begin a new
517		-	paragraph and insert:
518		-	"SECTION 1. IC 5-2-26.1 IS ADDED TO THE INDIANA CODE
519		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
520		-	JULY 1, 2025]:
521		-	Chapter 26.1. Towing Rotation Requirements
522		-	Sec. 1. The definitions in IC 24-14-2 apply throughout this
523		-	chapter.
524		-	Sec. 2. A local law enforcement agency shall do at least one (1)
525		-	of the following for emergency towing:
526		-	(1) Establish a written policy for towing rotations.
527		-	(2) Enter into a contract.
528		-	Sec. 3. (a) This section applies to:
529		-	(1) a written policy established after June 30, 2025; and
530		-	(2) a contract entered into, amended, or renewed after June
531		-	30, 2025.
532		-	(b) A written policy or contract required under section 2 of this
533		-	chapter must include the following, as applicable:
534		-	(1) The length of time of the contract between the towing
535		-	company and the local law enforcement agency, including
536		-	renewal periods.
537		-	(2) Rates for all services, including standby rates.
538		-	(3) Rates for storage and the timing for when storage charges
539		-	begin.
540		-	(4) The allowable administrative fee for each service and
541		-	when the fee is applicable.
542		-	(5) Truck and equipment requirements.
543		-	(6) Availability of a towing company to respond to calls.
544		-	(7) Response time requirements.
545		-	(8) Storage lot requirements.
546		-	(9) Availability for the owner to pick up the vehicle, including
547		-	after hours.
548		-	(10) Access to personal belongings in a vehicle that is in
549		-	storage.
550		-	(11) Markup percentages for items or services provided by
551		-	third parties.
552		-	(12) A provision that allows the local law enforcement agency
553		-	HB 1493—LS 7680/DI 151 14
554		-	to suspend or remove a towing company that violates the
555		-	written policy.
556		-	(13) A prohibition on charging fees that are not listed under
557		-	the written policy or contract.
558		-	Sec. 4. A local law enforcement agency may not use a towing
559		-	company that charges unreasonable fees as part of its towing
560		-	rotation. A local law enforcement agency must perform a periodic
561		-	review of a towing company's rates for reasonableness.
562		-	Sec. 5. A contract required under section 2 of this chapter may
563		-	not include a minimum number of hours for a towing service to be
564		-	invoiced.
565		-	SECTION 2. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
566		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
567		-	JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
568		-	identified person who owns or holds a lien on a vehicle appears at the
569		-	site of storage before disposal of the vehicle or parts and pays all costs
570		-	relating to a tow, the storage of the vehicle, and all allowable fees, as
571		-	applicable, the vehicle or parts shall be released.
572		-	(b) A towing service or storage yard may not charge an inspection
573		-	fee to an owner, a lienholder, or an insurance company representative
574		-	to inspect a vehicle or retrieve items from the vehicle. A fee under this
575		-	subsection must be refunded if the costs relating to a tow, the storage
576		-	of the vehicle, and all allowable fees, as applicable, are paid under
577		-	subsection (a).
578		-	(c) A towing service or storage yard must accept payment made by
579		-	any of the following means from a person seeking to release a vehicle
580		-	under this section:
581		-	(1) Cash.
582		-	(2) Certified check.
583		-	(3) Insurance check.
584		-	(4) Money order.
585		-	A towing service or storage facility may elect to accept payment by
586		-	means of a credit card or debit card.
587		-	(d) Upon receiving payment of all costs relating to a tow, the storage
588		-	of a vehicle, and all allowable fees, as applicable, a towing service or
589		-	storage yard shall provide to the person making payment an itemized
590		-	receipt that includes the information set forth in IC 24-14-5, to the
591		-	extent the information is known or available.
592		-	(e) A towing service or storage yard must be open for business and
593		-	accessible by telephone during regular office hours. A towing service
594		-	or storage yard must provide a telephone number that is available on a
595		-	twenty-four (24) hour basis to receive calls and messages from callers,
596		-	HB 1493—LS 7680/DI 151 15
597		-	including calls made outside of regular office hours. All calls made to
598		-	a towing service or storage yard must be returned within twenty-four
599		-	(24) hours from the time received. However, if adverse weather, an act
600		-	of God, or an emergency situation over which the towing service or
601		-	storage yard has no control prevents the towing service or storage yard
602		-	from returning calls within twenty-four (24) hours, the towing service
603		-	or storage yard shall return all calls received as quickly as possible.
604		-	(f) A towing service or storage yard shall, if required, notify the
605		-	appropriate public agency of all releases under this section. The
606		-	notification must include:
607		-	(1) the name and address of:
608		-	(A) the person that owns or holds a lien on the vehicle; and
609		-	(B) the insurance company that insures the vehicle, if the
610		-	vehicle was released to a representative of the insurance
611		-	company;
612		-	(2) the signature of the individual to whom the vehicle was
613		-	released;
614		-	(3) a description of the vehicle or parts;
615		-	(4) costs paid; and
616		-	(5) the date of release.
617		-	(g) A towing company shall release property to an owner or an
618		-	owner's designee not later than twenty-four (24) hours after the
619		-	towing company's receipt of:
620		-	(1) payment of fifty percent (50%) of the amount of the
621		-	invoice; and
622		-	(2) a copy of a towing complaint filed with the attorney
623		-	general under IC 24-14-11 that includes the amount of the
624		-	bond obtained by the owner for the remainder of the amount
625		-	of the invoice.
626		-	SECTION 3. IC 9-22-1-16, AS AMENDED BY P.L.262-2013,
627		-	SECTION 105, IS AMENDED TO READ AS FOLLOWS
628		-	[EFFECTIVE JULY 1, 2025]: Sec. 16. (a) If after twenty-four (24)
629		-	hours the person who owns a vehicle believed to be abandoned on
630		-	private property has not removed the vehicle from the private property,
631		-	the person who owns or controls the private property on which the
632		-	vehicle is believed to be abandoned may have the vehicle towed from
633		-	the private property.
634		-	(b) Notwithstanding subsection (a), in an emergency situation a
635		-	vehicle believed to be abandoned on private property may be removed
636		-	immediately. As used in this subsection, "emergency situation" means
637		-	that the presence of the vehicle believed to be abandoned interferes
638		-	physically with the conduct of normal business operations of the person
639		-	HB 1493—LS 7680/DI 151 16
640		-	who owns or controls the private property or poses a threat to the safety
641		-	or security of persons or property, or both.
642		-	(c) A person who owns or controls the private property must
643		-	have a contract with a towing company to tow under this section.
644		-	For contracts entered into, amended, or renewed after June 30,
645		-	2025, the contract must include the following:
646		-	(1) Rates for removal.
647		-	(2) Rates for storage.
648		-	(3) Any fees that are permitted.
649		-	(4) Location and telephone number of the private property.
650		-	(5) Hours that a vehicle may be picked up.
651		-	SECTION 4. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
652		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
653		-	[EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
654		-	shall review its rate sheet for towing service not less than one (1)
655		-	time per calendar year.".
656		-	Page 2, line 22, after "." insert "Each fee must include a full
657		-	description of the services that were provided.".
658		-	Page 2, delete lines 26 through 27, begin a new line block indented
659		-	and insert:
660		-	"(10) An attestation that all items invoiced were used and
661		-	necessary in the ordinary course of business.
662		-	(11) The time that each invoiced item was used and the
663		-	location.
664		-	(12) The number of miles the vehicle was towed.".
665		-	Page 3, delete lines 6 through 21, begin a new paragraph and insert:
666		-	"SECTION 8. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
667		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
668		-	1, 2025]: Sec. 2. (a) A towing company that provides towing and
669		-	storage services under this article must create a rate sheet that
670		-	includes the cost and charging rate, if applicable, for the following
671		-	services:
672		-	(1) Any tow provided by the towing company.
673		-	(2) Any clean-up service provided by the towing company.
674		-	(3) Any labor or storage charge assessed by the towing
675		-	company.
676		-	(4) Any other additional fee or surcharge reasonably related
677		-	to the tow.
678		-	A rate sheet may not include any charges for administrative or
679		-	inspection fees. A towing company may not charge an
680		-	administrative or inspection fee.
681		-	(b) A rate sheet described in subsection (a) shall be:
682		-	HB 1493—LS 7680/DI 151 17
683		-	(1) conspicuously displayed at each towing company's place
684		-	of business; and
685		-	(2) provided to any customer or patron upon request.
686		-	(c) If the owner of a vehicle is present at the time of the tow, a
687		-	tow truck operator must provide the owner of the vehicle with the
688		-	rate sheet described in subsection (a) prior to attaching the vehicle
689		-	to the tow truck.
690		-	(d) Assessing a cost or charging a rate in excess of the applicable
691		-	cost or charging rate displayed on a rate sheet described in
692		-	subsection (a) constitutes a deceptive act (as defined in
693		-	IC 24-14-10-1).
694		-	SECTION 9. IC 24-14-5-3 IS ADDED TO THE INDIANA CODE
695		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
696		-	1, 2025]: Sec. 3. A towing company may charge fees for emergency
697		-	towing and private property towing as follows:
698		-	(1) If the towing service is an emergency towing requested by
699		-	the state police department and the towing company has filed
700		-	its rates to be part of the state police department's towing
701		-	rotation, at the rate provided to the state police department.
702		-	(2) If the towing service is an emergency towing requested by
703		-	a local law enforcement agency and the local law enforcement
704		-	agency has set rates, at the rate of the local law enforcement
705		-	agency.
706		-	(3) If the towing service is an emergency towing requested by
707		-	a local law enforcement agency and the local law enforcement
708		-	agency does not have set rates, at the following rates:
709		-	(A) The rate the towing company provides to the state
710		-	police department district in which the tow occurs.
711		-	(B) If the towing company does not have rates filed with
712		-	the state police department district in which the tow
713		-	occurs, then a rate that is not more than the state police
714		-	department district's towing and storage agreements.
715		-	(4) If the towing service is a private property towing
716		-	requested by a property owner, at the rate applicable under
717		-	subdivision (2) or (3).".
718		-	Page 3, line 30, delete "board under IC 24-14-11" and insert
719		-	"advisory board under IC 24-14-11.5".
720		-	Page 3, line 38, delete "board" and insert "advisory board".
721		-	Page 3, line 38, delete "IC 24-14-11" and insert "IC 24-14-11.5".
722		-	Page 3, between lines 41 and 42, begin a new paragraph and insert:
723		-	"SECTION 11. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
724		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
725		-	HB 1493—LS 7680/DI 151 18
726		-	JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
727		-	facility shall furnish a copy of the invoice described in IC 24-14-5 and
728		-	all supporting documentation, including payroll records and copies
729		-	of invoices from third parties that are included on the invoice, to a
730		-	local law enforcement agency or the office of the attorney general.".
731		-	Page 4, delete lines 32 through 42, begin a new paragraph and
732		-	insert:
733		-	"SECTION 14. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
734		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
735		-	JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
736		-	do any of the following:
737		-	(1) Upon payment of all costs relating to a tow, motor vehicle
738		-	storage, and all allowable fees, as applicable, refuse to release the
739		-	motor vehicle during regular office hours to a properly identified
740		-	person who owns or holds a lien on the motor vehicle in
741		-	accordance with the procedures and subject to the same
742		-	requirements set forth in IC 9-22-1-8 with respect to abandoned
743		-	motor vehicles. However, a towing company or storage facility
744		-	shall not release a motor vehicle in any case in which a local law
745		-	enforcement agency has ordered the motor vehicle not to be
746		-	released, or in any case in which the motor vehicle cannot be
747		-	released because of pending litigation.
748		-	(2) Refuse to permit:
749		-	(A) a properly identified person who owns or holds a lien on
750		-	a motor vehicle; or
751		-	(B) a representative of the insurance company that insures the
752		-	motor vehicle, if the vehicle is covered by an active policy of
753		-	insurance;
754		-	to inspect the motor vehicle during regular office hours before all
755		-	costs incurred against the motor vehicle are paid or the motor
756		-	vehicle is released. An inspection fee may not be charged for an
757		-	inspection that occurs during regular office hours.
758		-	(3) Charge any storage fee for a stored motor vehicle with respect
759		-	to any day on which:
760		-	(A) release of the motor vehicle; or
761		-	(B) inspection of the motor vehicle by the owner, lienholder,
762		-	or insurance company;
763		-	is not permitted during regular office hours by the towing
764		-	company or storage facility.
765		-	(4) Offer to provide compensation to a person for a referral
766		-	unless the person and the towing company or storage facility
767		-	have an executed contract in place.
768		-	HB 1493—LS 7680/DI 151 19
769		-	(5) Charge more than the fees that are included in a towing
770		-	agreement or contract with the law enforcement agency that
771		-	ordered the tow or the contract with the private property
772		-	owner that ordered the tow under IC 9-22-1.
773		-	SECTION 15. IC 24-14-11 IS ADDED TO THE INDIANA CODE
774		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
775		-	JULY 1, 2025]:
776		-	Chapter 11. Towing Complaints
777		-	Sec. 1. As used in this chapter, "complainant" means a person
778		-	who files a towing complaint under this chapter.
779		-	Sec. 2. As used in this chapter, "towing complaint" means a
780		-	written complaint related to towing fees.
781		-	Sec. 3. Not later than December 1, 2025, the attorney general
782		-	shall create a form that may be used by a consumer to submit a
783		-	towing complaint to the attorney general.
784		-	Sec. 4. If the attorney general receives a towing complaint
785		-	regarding a towing invoice that is greater than:
786		-	(1) for a vehicle weighing less than twenty-six thousand
787		-	(26,000) pounds, five hundred dollars ($500); or
788		-	(2) for a vehicle weighing twenty-six thousand (26,000) pounds
789		-	or more, five thousand dollars ($5,000);
790		-	the attorney general shall follow the procedure set forth in section
791		-	5 of this chapter.
792		-	Sec. 5. Upon the attorney general's receipt of a towing complaint
793		-	that meets the requirements of section 4 of this chapter, the
794		-	attorney general shall do the following:
795		-	(1) Direct the complainant to remit payment of fifty percent
796		-	(50%) of the invoiced amount to the towing company and
797		-	obtain a bond in the amount of fifty percent (50%) of the
798		-	invoiced amount.
799		-	(2) Once the complainant has provided evidence of the
800		-	complainant's compliance with subdivision (1), forward a
801		-	copy of the towing complaint to the towing complaint
802		-	advisory board established by IC 24-14-11.5-3 and the towing
803		-	company.
804		-	SECTION 16. IC 24-14-11.5 IS ADDED TO THE INDIANA
805		-	CODE AS A NEW CHAPTER TO READ AS FOLLOWS
806		-	[EFFECTIVE JULY 1, 2025]:
807		-	Chapter 11.5. Towing Complaint Advisory Board
808		-	Sec. 1. As used in this chapter, "advisory board" means the
809		-	towing complaint advisory board established by section 3 of this
810		-	chapter.
811		-	HB 1493—LS 7680/DI 151 20
812		-	Sec. 2. As used in this chapter, "towing complaint" means a
813		-	written complaint related to towing fees that is forwarded by the
814		-	attorney general to the advisory board.
815		-	Sec. 3. The towing complaint advisory board is established as a
816		-	continuing board under the executive branch of state government
817		-	for the purpose of advising the attorney general regarding towing
818		-	complaints. The attorney general shall administer the advisory
819		-	board.
820		-	Sec. 4. (a) The advisory board consists of the following seven (7)
821		-	members, all appointed by the governor:
822		-	(1) One (1) member who represents the consumer.
823		-	(2) One (1) member who has broad experience in the towing
824		-	industry.
825		-	(3) One (1) member who has broad experience in the trucking
826		-	industry.
827		-	(4) One (1) member who has broad experience in the
828		-	insurance industry.
829		-	(5) One (1) member from the state police department.
830		-	(6) One (1) member who has broad experience in the banking
831		-	industry.
832		-	(7) One (1) member who has experience in the car sales
833		-	industry.
834		-	(b) All members are voting members.
835		-	(c) The member appointed under subsection (a)(1) shall serve as
836		-	the advisory board chair.
837		-	Sec. 5. (a) Members of the advisory board serve a four (4) year
838		-	term that ends June 30 of each odd-numbered year but may be
839		-	reappointed to subsequent terms. Members serve at the will of the
840		-	appointing authority who appointed the member
841		-	(b) If a vacancy occurs, the appointing authority who appointed
842		-	the member whose position is vacant shall appoint an individual to
843		-	fill the vacancy. An appointment to fill a vacancy occurring before
844		-	the expiration of a term is for the remainder of the unexpired term.
845		-	Sec. 6. A member of the advisory board who is not a state
846		-	employee is not entitled to the minimum salary per diem provided
847		-	by IC 4-10-11-2.1(b). The member is, however, entitled to
848		-	reimbursement for mileage and traveling expenses as provided
849		-	under IC 4-13-1-4 and other expenses actually incurred in
850		-	connection with the member's duties as provided in the state
851		-	policies and procedures established by the Indiana department of
852		-	administration and approved by the budget agency.
853		-	Sec. 7. (a) Four (4) members of the advisory board constitute a
854		-	HB 1493—LS 7680/DI 151 21
855		-	quorum.
856		-	(b) The affirmative vote of at least four (4) members of the
857		-	advisory board is required for the advisory board to take any
858		-	official action.
859		-	(c) The advisory board shall meet at the call of the advisory
860		-	board chair.
861		-	Sec. 8. (a) The attorney general shall staff the advisory board.
862		-	(b) The expenses of the advisory board shall be paid from funds
863		-	appropriated to the attorney general.
864		-	Sec. 9. (a) The advisory board shall establish procedures for
865		-	reviewing and resolving towing complaints.
866		-	(b) Upon receipt of a towing complaint, the advisory board shall
867		-	give notice to the towing company against whom the towing
868		-	complaint is directed and the advisory board shall provide
869		-	information about the reconsideration process.
870		-	Sec. 10. (a) The advisory board shall review a towing complaint
871		-	not later than thirty (30) days after receiving the complaint from
872		-	the attorney general and issue a determination not later than
873		-	fifteen (15) days after the advisory board's review.
874		-	(b) In reviewing a towing complaint received under subsection
875		-	(a), the advisory board shall determine:
876		-	(1) whether the amount the towing company charged was
877		-	unreasonable; and
878		-	(2) what constitutes a reasonable charge;
879		-	based on the facts and circumstances of the towing complaint.
880		-	(c) The advisory board shall calculate the amount a towing
881		-	company overcharged a person using the advisory board's
882		-	determination required under subsection (b).
883		-	(d) The advisory board shall advise the attorney general of the
884		-	advisory board's determination. The attorney general shall then
885		-	take action to ensure the remittance of payment accordingly.".
886		-	Delete pages 5 through 6.
887		-	Renumber all SECTIONS consecutively.
888		-	and when so amended that said bill do pass.
889		-	(Reference is to HB 1493 as introduced.)
890		-	PRESSEL
891		-	Committee Vote: yeas 10, nays 0.
892		-	HB 1493—LS 7680/DI 151
	178	+	39 written complaint related to towing fees.
	179	+	40 Sec. 3. The towing complaint board is established as a
	180	+	41 continuing board under the executive branch of state government.
	181	+	42 Sec. 4. (a) The board consists of the following five (5) members:
	182	+	2025 IN 1493—LS 7680/DI 151 5
	183	+	1 (1) The attorney general or the attorney general's designee.
	184	+	2 (2) Four (4) members appointed by the governor that meet the
	185	+	3 following requirements:
	186	+	4 (A) One (1) member who has broad experience in the
	187	+	5 trucking industry.
	188	+	6 (B) One (1) member who has broad experience in the
	189	+	7 towing industry.
	190	+	8 (C) One (1) member who has broad experience in the
	191	+	9 insurance industry.
	192	+	10 (D) One (1) member from the state police department.
	193	+	11 (b) All members are voting members.
	194	+	12 (c) The member appointed under subsection (a)(1) shall serve as
	195	+	13 the board chair.
	196	+	14 Sec. 5. (a) Members of the board appointed under section 4(a)(2)
	197	+	15 of this chapter serve a term that ends June 30 of each
	198	+	16 odd-numbered year but may be reappointed to subsequent terms.
	199	+	17 (b) If a vacancy occurs, the appointing authority that appointed
	200	+	18 the member whose position is vacant shall appoint an individual to
	201	+	19 fill the vacancy. An appointment to fill a vacancy occurring before
	202	+	20 the expiration of a term is for the remainder of the unexpired term.
	203	+	21 Sec. 6. A member of the board is not entitled to compensation,
	204	+	22 per diem, or reimbursement for expenses.
	205	+	23 Sec. 7. (a) Three (3) members of the board constitute a quorum.
	206	+	24 (b) The affirmative vote of at least three (3) members of the
	207	+	25 board is required for the board to take any official action.
	208	+	26 (c) The board shall meet at the call of the board chair.
	209	+	27 Sec. 8. (a) The board shall establish procedures for reviewing
	210	+	28 and resolving towing complaints.
	211	+	29 (b) Upon receipt of a towing complaint, the board shall give
	212	+	30 notice to the towing company against whom the towing complaint
	213	+	31 is directed and the board shall provide information about the
	214	+	32 reconsideration process.
	215	+	33 Sec. 9. (a) The board shall review a towing complaint not later
	216	+	34 than thirty (30) days after receiving the complaint.
	217	+	35 (b) In reviewing a complaint received under subsection (a), the
	218	+	36 board shall determine:
	219	+	37 (1) whether the amount the towing company charged was
	220	+	38 unreasonable; and
	221	+	39 (2) what constitutes a reasonable charge;
	222	+	40 based on the facts and circumstances of the complaint.
	223	+	41 (c) The board shall calculate the amount a towing company
	224	+	42 overcharged a person using the board's determination required
	225	+	2025 IN 1493—LS 7680/DI 151 6
	226	+	1 under subsection (b).
	227	+	2 (d) If the board determines that a towing company's charges
	228	+	3 were unreasonable, the board shall issue a report to the attorney
	229	+	4 general.
	230	+	5 (e) Upon receipt of a report under subsection (d), the attorney
	231	+	6 general may issue a fine of:
	232	+	7 (1) one thousand dollars ($1,000); or
	233	+	8 (2) two (2) times the amount a towing company overcharged
	234	+	9 a person as described in subsection (c);
	235	+	10 whichever is greater.
	236	+	11 (f) The fines collected under subsection (e) shall be deposited
	237	+	12 into the state general fund.
	238	+	2025 IN 1493—LS 7680/DI 151