*SB0073.1* January 29, 2025 SENATE BILL No. 73 _____ DIGEST OF SB 73 (Updated January 28, 2025 11:18 am - DI 151) Citations Affected: IC 9-13; IC 9-32. Synopsis: Sale of utility trailers. Amends the definition of "motor vehicle" for purposes of dealer services provisions governing unfair practices and the succession to franchise by designated family members. Amends the definition of "trailer" for certain instances. Specifies that the requirement that a dealer have an established place of business does not apply to a dealer selling trailers, unless the dealer is required to be licensed for an other purpose. Provides that a dealer selling trailers does not have to file certain information with the secretary of state. Effective: July 1, 2025. Dernulc, Doriot January 8, 2025, read first time and referred to Committee on Homeland Security and Transportation. January 28, 2025, amended, reported favorably — Do Pass. SB 73—LS 6399/DI 151 January 29, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. SENATE BILL No. 73 A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 9-13-2-105, AS AMENDED BY P.L.120-2020, 2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as 4 otherwise provided in this section, a vehicle that is self-propelled. The 5 term does not include a farm tractor, an implement of agriculture 6 designed to be operated primarily in a farm field or on farm premises, 7 an electric bicycle, an electric foot scooter, or an electric personal 8 assistive mobility device. 9 (b) "Motor vehicle", for purposes of IC 9-21, means: 10 (1) a vehicle that is self-propelled; or 11 (2) a vehicle that is propelled by electric power obtained from 12 overhead trolley wires, but not operated upon rails. 13 The term does not include an electric foot scooter. 14 (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through 15 IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and 16 IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an 17 off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or SB 73—LS 6399/DI 151 2 1 a recreational vehicle. The term does not include an electric foot 2 scooter. 3 (d) "Motor vehicle", for purposes of IC 9-32-13 (except 4 IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a 5 semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a 6 manufactured home, or a recreational vehicle. The term does not 7 include: 8 (1) an electric foot scooter; or 9 (2) a trailer that is: 10 (A) without motive power; 11 (B) designed for carrying property; and 12 (C) designed for being drawn by a motor vehicle. 13 SECTION 2. IC 9-13-2-184, AS AMENDED BY P.L.125-2012, 14 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise 16 provided in this section, a vehicle: 17 (1) without motive power; 18 (2) designed for carrying persons or property; 19 (3) designed for being drawn by a motor vehicle; and 20 (4) so constructed that no part of the weight of the trailer rests 21 upon the towing vehicle. 22 The term includes pole trailers and two (2) wheeled homemade trailers. 23 (b) "Trailer", for purposes of IC 9-21, means a vehicle: 24 (1) with or without motive power; 25 (2) designed for carrying persons or property; 26 (3) designed for being drawn by a motor vehicle; and 27 (4) so constructed that no part of the weight of the trailer rests 28 upon the towing vehicle. 29 The term does not include pole trailers or special machinery. 30 (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13, 31 means the combination of any motor vehicle towing another vehicle or 32 trailer. 33 (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5, 34 has the meaning set forth in IC 9-32-2.1-39.5. 35 SECTION 3. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA 36 CODE AS A NEW SECTION TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of 38 IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle: 39 (1) without motive power; 40 (2) designed for carrying property; and 41 (3) designed for being drawn by a motor vehicle. 42 SECTION 4. IC 9-32-11-2.1, AS ADDED BY P.L.120-2020, SB 73—LS 6399/DI 151 3 1 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to dealers 3 selling trailers unless the dealer is required to be licensed under 4 IC 9-32-11-1 for any other purpose. 5 (b) A dealer must have an established place of business that meets 6 the minimum standards prescribed by the secretary under rules adopted 7 under IC 4-22-2. A location that performs only ministerial tasks is not 8 sufficient. 9 SECTION 5. IC 9-32-11-5, AS AMENDED BY P.L.120-2020, 10 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2025]: Sec. 5. (a) This section does not apply to dealers 12 selling new manufactured homes or trailers. 13 (b) A dealer proposing to sell new motor vehicles or watercraft shall 14 file and maintain with the secretary: 15 (1) a current copy of each franchise to which the dealer is a party; 16 or 17 (2) if the dealer is a party to multiple franchises that are identical 18 except for stated items, a copy of the franchise form with 19 supplemental schedules of variations from the form. SB 73—LS 6399/DI 151 4 COMMITTEE REPORT Mr. President: The Senate Committee on Homeland Security and Transportation, to which was referred Senate Bill No. 73, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, delete lines 1 through 17, begin a new paragraph and insert: "SECTION 1. IC 9-13-2-105, AS AMENDED BY P.L.120-2020, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, an electric bicycle, an electric foot scooter, or an electric personal assistive mobility device. (b) "Motor vehicle", for purposes of IC 9-21, means: (1) a vehicle that is self-propelled; or (2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term does not include an electric foot scooter. (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or a recreational vehicle. The term does not include an electric foot scooter. (d) "Motor vehicle", for purposes of IC 9-32-13 (except IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or a recreational vehicle. The term does not include: (1) an electric foot scooter; or (2) a trailer that is: (A) without motive power; (B) designed for carrying property; and (C) designed for being drawn by a motor vehicle. SECTION 2. IC 9-13-2-184, AS AMENDED BY P.L.125-2012, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise provided in this section, a vehicle: (1) without motive power; (2) designed for carrying persons or property; SB 73—LS 6399/DI 151 5 (3) designed for being drawn by a motor vehicle; and (4) so constructed that no part of the weight of the trailer rests upon the towing vehicle. The term includes pole trailers and two (2) wheeled homemade trailers. (b) "Trailer", for purposes of IC 9-21, means a vehicle: (1) with or without motive power; (2) designed for carrying persons or property; (3) designed for being drawn by a motor vehicle; and (4) so constructed that no part of the weight of the trailer rests upon the towing vehicle. The term does not include pole trailers or special machinery. (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13, means the combination of any motor vehicle towing another vehicle or trailer. (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5, has the meaning set forth in IC 9-32-2.1-39.5. SECTION 3. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle: (1) without motive power; (2) designed for carrying property; and (3) designed for being drawn by a motor vehicle.". Page 2, delete lines 1 through 5. Page 2, line 9, delete "trailers." and insert "trailers unless the dealer is required to be licensed under IC 9-32-11-1 for any other purpose.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to SB 73 as introduced.) CRIDER, Chairperson Committee Vote: Yeas 8, Nays 0. SB 73—LS 6399/DI 151