*ES0073.1*
March 31, 2025
ENGROSSED
SENATE BILL No. 73
_____
DIGEST OF SB 73 (Updated March 31, 2025 12:25 pm - DI 137)
Citations Affected: IC 5-2; IC 9-13; IC 9-22; IC 9-32; IC 10-11;
IC 24-4; IC 24-5; IC 24-14.
Synopsis: Consumer affairs matters. Amends the definition of "motor
vehicle" for purposes of dealer services provisions governing unfair
practices and the succession to franchise by designated family
members. 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. Prohibits a person from
advertising: (1) a product containing marijuana; or (2) a controlled
substance listed in schedule I; by any medium. Requires a towing
company to release property to a consumer if the consumer pays a
percentage of the towing invoice, obtains a bond for the remaining
amount of the invoice, and provides a copy of a complaint filed with
the attorney general. Establishes rates a towing company may charge
for fees for emergency towing or private property towing.
Effective: Upon passage; July 1, 2025.
Dernulc, Doriot, Randolph Lonnie M
(HOUSE SPONSORS — PRESSEL, SLAGER)
January 8, 2025, read first time and referred to Committee on Homeland Security and
Transportation.
January 28, 2025, amended, reported favorably — Do Pass.
January 30, 2025, read second time, ordered engrossed. Engrossed.
February 3, 2025, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Roads and Transportation.
March 31, 2025, amended, reported — Do Pass.
ES 73—LS 6399/DI 151 March 31, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
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 5-2-26.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 26.1. Towing Rotation Requirements
5 Sec. 1. The definitions in IC 24-14-2 apply throughout this
6 chapter.
7 Sec. 2. A law enforcement agency shall do at least one (1) of the
8 following for emergency towing:
9 (1) Establish a written policy for towing rotations.
10 (2) Enter into a contract.
11 Sec. 3. (a) This section applies to:
12 (1) a written policy established after June 30, 2025; and
13 (2) a contract entered into, amended, or renewed after June
14 30, 2025.
15 (b) A written policy or contract required under section 2 of this
16 chapter must include the following, as applicable:
17 (1) The length of time of the contract between the towing
ES 73—LS 6399/DI 151 2
1 company and the law enforcement agency, including renewal
2 periods.
3 (2) Rates for all services, including standby rates.
4 (3) Rates for storage and the timing for when storage charges
5 begin.
6 (4) The allowable administrative fee for each service and
7 when the fee is applicable.
8 (5) Truck and equipment requirements.
9 (6) Availability of a towing company to respond to calls.
10 (7) Response time requirements.
11 (8) Storage lot requirements.
12 (9) Availability for the owner to pick up the vehicle, including
13 after hours.
14 (10) Access to personal belongings in a vehicle that is in
15 storage.
16 (11) Markup percentages for items or services provided by
17 third parties.
18 (12) A provision that allows the law enforcement agency to
19 suspend or remove a towing company that violates the written
20 policy.
21 (13) A prohibition on charging fees that are not listed under
22 the written policy or contract.
23 Sec. 4. A law enforcement agency may not use a towing
24 company that charges unreasonable fees as part of its towing
25 rotation. A law enforcement agency must perform a periodic
26 review of a towing company's rates for reasonableness.
27 Sec. 5. A contract required under section 2 of this chapter may
28 not include a minimum number of hours for a towing service to be
29 invoiced.
30 Sec. 6. A law enforcement agency may select a towing company
31 outside of its towing rotation if an emergency situation requires the
32 use of a towing company with certain equipment or capacity to
33 adequately respond to the emergency situation.
34 SECTION 2. IC 9-13-2-105, AS AMENDED BY P.L.120-2020,
35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as
37 otherwise provided in this section, a vehicle that is self-propelled. The
38 term does not include a farm tractor, an implement of agriculture
39 designed to be operated primarily in a farm field or on farm premises,
40 an electric bicycle, an electric foot scooter, or an electric personal
41 assistive mobility device.
42 (b) "Motor vehicle", for purposes of IC 9-21, means:
ES 73—LS 6399/DI 151 3
1 (1) a vehicle that is self-propelled; or
2 (2) a vehicle that is propelled by electric power obtained from
3 overhead trolley wires, but not operated upon rails.
4 The term does not include an electric foot scooter.
5 (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through
6 IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and
7 IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an
8 off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or
9 a recreational vehicle. The term does not include an electric foot
10 scooter.
11 (d) "Motor vehicle", for purposes of IC 9-32-13 (except
12 IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a
13 semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a
14 manufactured home, or a recreational vehicle. The term does not
15 include:
16 (1) an electric foot scooter; or
17 (2) a trailer that is:
18 (A) without motive power;
19 (B) designed for carrying property; and
20 (C) designed for being drawn by a motor vehicle.
21 SECTION 3. IC 9-13-2-184, AS AMENDED BY P.L.125-2012,
22 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise
24 provided in this section, a vehicle:
25 (1) without motive power;
26 (2) designed for carrying persons or property;
27 (3) designed for being drawn by a motor vehicle; and
28 (4) so constructed that no part of the weight of the trailer rests
29 upon the towing vehicle.
30 The term includes pole trailers and two (2) wheeled homemade trailers.
31 (b) "Trailer", for purposes of IC 9-21, means a vehicle:
32 (1) with or without motive power;
33 (2) designed for carrying persons or property;
34 (3) designed for being drawn by a motor vehicle; and
35 (4) so constructed that no part of the weight of the trailer rests
36 upon the towing vehicle.
37 The term does not include pole trailers or special machinery.
38 (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
39 means the combination of any motor vehicle towing another vehicle or
40 trailer.
41 (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5,
42 has the meaning set forth in IC 9-32-2.1-39.5.
ES 73—LS 6399/DI 151 4
1 SECTION 4. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
4 identified person who owns or holds a lien on a vehicle appears at the
5 site of storage before disposal of the vehicle or parts and pays all costs
6 relating to a tow, the storage of the vehicle, and all allowable fees, as
7 applicable, the vehicle or parts shall be released.
8 (b) A towing service or storage yard may not charge an inspection
9 fee to an owner, a lienholder, or an insurance company representative
10 to inspect a vehicle or retrieve items from the vehicle. A fee under this
11 subsection must be refunded if the costs relating to a tow, the storage
12 of the vehicle, and all allowable fees, as applicable, are paid under
13 subsection (a).
14 (c) A towing service or storage yard must accept payment made by
15 any of the following means from a person seeking to release a vehicle
16 under this section:
17 (1) Cash.
18 (2) Certified check.
19 (3) Insurance check.
20 (4) Money order.
21 A towing service or storage facility may elect to accept payment by
22 means of a credit card or debit card.
23 (d) Upon receiving payment of all costs relating to a tow, the storage
24 of a vehicle, and all allowable fees, as applicable, a towing service or
25 storage yard shall provide to the person making payment an itemized
26 receipt that includes the information set forth in IC 24-14-5, to the
27 extent the information is known or available.
28 (e) A towing service or storage yard must be open for business and
29 accessible by telephone during regular office hours. A towing service
30 or storage yard must provide a telephone number that is available on a
31 twenty-four (24) hour basis to receive calls and messages from callers,
32 including calls made outside of regular office hours. All calls made to
33 a towing service or storage yard must be returned within twenty-four
34 (24) hours from the time received. However, if adverse weather, an act
35 of God, or an emergency situation over which the towing service or
36 storage yard has no control prevents the towing service or storage yard
37 from returning calls within twenty-four (24) hours, the towing service
38 or storage yard shall return all calls received as quickly as possible.
39 (f) A towing service or storage yard shall, if required, notify the
40 appropriate public agency of all releases under this section. The
41 notification must include:
42 (1) the name and address of:
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1 (A) the person that owns or holds a lien on the vehicle; and
2 (B) the insurance company that insures the vehicle, if the
3 vehicle was released to a representative of the insurance
4 company;
5 (2) the signature of the individual to whom the vehicle was
6 released;
7 (3) a description of the vehicle or parts;
8 (4) costs paid; and
9 (5) the date of release.
10 (g) A towing company shall release property to an owner or an
11 owner's designee not later than twenty-four (24) hours after the
12 towing company's receipt of:
13 (1) payment of sixty percent (60%) of the amount of the
14 invoice;
15 (2) proof of a bond obtained by the owner for the remaining
16 forty percent (40%) of the amount of the invoice; and
17 (3) a copy of a complaint filed with the attorney general
18 alleging a violation of IC 24-14 under IC 24-14-10-1.
19 (h) A bond required under subsection (g) must be payable to the
20 towing company not later than thirty (30) days after the date of the
21 bond's issuance, unless a civil complaint is filed in the appropriate
22 jurisdiction by the towing company or the owner. If a civil
23 complaint is filed, the court shall determine the outcome of the
24 bond's payment.
25 SECTION 5. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of
28 IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle:
29 (1) without motive power;
30 (2) designed for carrying property; and
31 (3) designed for being drawn by a motor vehicle.
32 SECTION 6. IC 9-32-11-2.1, AS ADDED BY P.L.120-2020,
33 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to dealers
35 selling trailers unless the dealer is required to be licensed under
36 IC 9-32-11-1 for any other purpose.
37 (b) A dealer must have an established place of business that meets
38 the minimum standards prescribed by the secretary under rules adopted
39 under IC 4-22-2. A location that performs only ministerial tasks is not
40 sufficient.
41 SECTION 7. IC 9-32-11-5, AS AMENDED BY P.L.120-2020,
42 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 73—LS 6399/DI 151 6
1 JULY 1, 2025]: Sec. 5. (a) This section does not apply to dealers
2 selling new manufactured homes or trailers.
3 (b) A dealer proposing to sell new motor vehicles or watercraft shall
4 file and maintain with the secretary:
5 (1) a current copy of each franchise to which the dealer is a party;
6 or
7 (2) if the dealer is a party to multiple franchises that are identical
8 except for stated items, a copy of the franchise form with
9 supplemental schedules of variations from the form.
10 SECTION 8. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
13 shall review its rate sheet for towing service not less than one (1)
14 time per calendar year.
15 SECTION 9. IC 10-11-2-35.6 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department
18 may perform an audit of a towing company's truck and equipment
19 inventory before adding the towing company to the state police
20 department's towing rotation.
21 SECTION 10. IC 24-4-26 IS ADDED TO THE INDIANA CODE
22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
23 UPON PASSAGE]:
24 Chapter 26. Advertising of Illegal Products
25 Sec. 1. This chapter does not apply to the advertisement of a:
26 (1) product containing marijuana; or
27 (2) controlled substance listed in schedule I of IC 35-48-2;
28 pursuant to a contract that was entered into or renewed before the
29 effective date of this chapter as enacted by the 2025 general
30 assembly.
31 Sec. 2. As used in this chapter, "marijuana" has the meaning set
32 forth in IC 35-48-1-19.
33 Sec. 3. As used in this chapter, "person" means:
34 (1) an individual;
35 (2) a proprietorship;
36 (3) a partnership;
37 (4) a firm;
38 (5) an association;
39 (6) a corporation;
40 (7) a limited liability company; or
41 (8) another legal entity.
42 Sec. 4. A person may not advertise a:
ES 73—LS 6399/DI 151 7
1 (1) product containing marijuana; or
2 (2) controlled substance listed in schedule I of IC 35-48-2;
3 by any medium.
4 Sec. 5. (a) The attorney general may bring an action under this
5 chapter to obtain any or all of the following against a person that
6 violates this chapter:
7 (1) An injunction to enjoin future violations of this chapter.
8 (2) The following civil penalties:
9 (A) Not more than five thousand dollars ($5,000) for the
10 first violation.
11 (B) Not more than ten thousand dollars ($10,000) for a
12 second violation.
13 (C) Not more than fifteen thousand dollars ($15,000) for
14 each additional violation.
15 (3) The attorney general's reasonable costs in:
16 (A) the investigation of the violations under this chapter;
17 and
18 (B) maintaining the action.
19 (b) All civil penalties collected under this chapter shall be
20 deposited in the state general fund.
21 SECTION 11. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 2. (a) As used in this chapter:
24 (1) "Consumer transaction" means a sale, lease, assignment,
25 award by chance, or other disposition of an item of personal
26 property, real property, a service, or an intangible, except
27 securities and policies or contracts of insurance issued by
28 corporations authorized to transact an insurance business under
29 the laws of the state of Indiana, with or without an extension of
30 credit, to a person for purposes that are primarily personal,
31 familial, charitable, agricultural, or household, or a solicitation to
32 supply any of these things. However, the term includes the
33 following:
34 (A) A transfer of structured settlement payment rights under
35 IC 34-50-2.
36 (B) An unsolicited advertisement sent to a person by telephone
37 facsimile machine offering a sale, lease, assignment, award by
38 chance, or other disposition of an item of personal property,
39 real property, a service, or an intangible.
40 (C) The collection of or attempt to collect a debt by a debt
41 collector.
42 (D) Conduct that arises from, occurs in connection with, or
ES 73—LS 6399/DI 151 8
1 otherwise involves a transaction for emergency towing (as
2 defined in IC 24-14-2-5) of a personal or commercial
3 vehicle.
4 (2) "Person" means an individual, corporation, the state of Indiana
5 or its subdivisions or agencies, business trust, estate, trust,
6 partnership, association, nonprofit corporation or organization, or
7 cooperative or any other legal entity.
8 (3) "Supplier" means the following:
9 (A) A seller, lessor, assignor, or other person who regularly
10 engages in or solicits consumer transactions, including
11 soliciting a consumer transaction by using a telephone
12 facsimile machine to transmit an unsolicited advertisement.
13 The term includes a manufacturer, wholesaler, or retailer,
14 whether or not the person deals directly with the consumer.
15 (B) A debt collector.
16 (4) "Subject of a consumer transaction" means the personal
17 property, real property, services, or intangibles offered or
18 furnished in a consumer transaction.
19 (5) "Cure" as applied to a deceptive act, means either:
20 (A) to offer in writing to adjust or modify the consumer
21 transaction to which the act relates to conform to the
22 reasonable expectations of the consumer generated by such
23 deceptive act and to perform such offer if accepted by the
24 consumer; or
25 (B) to offer in writing to rescind such consumer transaction
26 and to perform such offer if accepted by the consumer.
27 The term includes an offer in writing of one (1) or more items of
28 value, including monetary compensation, that the supplier
29 delivers to a consumer or a representative of the consumer if
30 accepted by the consumer.
31 (6) "Offer to cure" as applied to a deceptive act is a cure that:
32 (A) is reasonably calculated to remedy a loss claimed by the
33 consumer; and
34 (B) includes a minimum additional amount that is the greater
35 of:
36 (i) ten percent (10%) of the value of the remedy under
37 clause (A), but not more than four thousand dollars
38 ($4,000); or
39 (ii) five hundred dollars ($500);
40 as compensation for attorney's fees, expenses, and other costs
41 that a consumer may incur in relation to the deceptive act.
42 (7) "Uncured deceptive act" means a deceptive act:
ES 73—LS 6399/DI 151 9
1 (A) with respect to which a consumer who has been damaged
2 by such act has given notice to the supplier under section 5(a)
3 of this chapter; and
4 (B) either:
5 (i) no offer to cure has been made to such consumer within
6 thirty (30) days after such notice; or
7 (ii) the act has not been cured as to such consumer within a
8 reasonable time after the consumer's acceptance of the offer
9 to cure.
10 (8) "Incurable deceptive act" means a deceptive act done by a
11 supplier as part of a scheme, artifice, or device with intent to
12 defraud or mislead. The term includes a failure of a transferee of
13 structured settlement payment rights to timely provide a true and
14 complete disclosure statement to a payee as provided under
15 IC 34-50-2 in connection with a direct or indirect transfer of
16 structured settlement payment rights.
17 (9) "Senior consumer" means an individual who is at least sixty
18 (60) years of age.
19 (10) "Telephone facsimile machine" means equipment that has
20 the capacity to transcribe text or images, or both, from:
21 (A) paper into an electronic signal and to transmit that signal
22 over a regular telephone line; or
23 (B) an electronic signal received over a regular telephone line
24 onto paper.
25 (11) "Unsolicited advertisement" means material advertising the
26 commercial availability or quality of:
27 (A) property;
28 (B) goods; or
29 (C) services;
30 that is transmitted to a person without the person's prior express
31 invitation or permission, in writing or otherwise.
32 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
33 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
34 1692(a)(6). The term does not include a person admitted to the
35 practice of law in Indiana if the person is acting within the course
36 and scope of the person's practice as an attorney. The term
37 includes a debt buyer (as defined in IC 24-5-15.5).
38 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
39 (1) "Directory assistance" means the disclosure of telephone
40 number information in connection with an identified telephone
41 service subscriber by means of a live operator or automated
42 service.
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1 (2) "Local telephone directory" refers to a telephone classified
2 advertising directory or the business section of a telephone
3 directory that is distributed by a telephone company or directory
4 publisher to subscribers located in the local exchanges contained
5 in the directory. The term includes a directory that includes
6 listings of more than one (1) telephone company.
7 (3) "Local telephone number" refers to a telephone number that
8 has the three (3) number prefix used by the provider of telephone
9 service for telephones physically located within the area covered
10 by the local telephone directory in which the number is listed. The
11 term does not include long distance numbers or 800-, 888-, or
12 900- exchange numbers listed in a local telephone directory.
13 SECTION 12. IC 24-14-2-3.8 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Compensation" means any
16 money, thing of value, or economic benefit conferred on, or
17 received by, a person in return for services rendered, or for
18 services to be rendered, whether by that person or another person.
19 SECTION 13. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
22 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
23 SECTION 14. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
26 charges assessed by a towing company shall be made available to the
27 owner of the motor vehicle or the owner's agent not later than one (1)
28 business day after:
29 (1) the tow is completed; or
30 (2) the towing company has obtained all necessary information to
31 be included on the invoice, including any charges submitted by
32 subcontractors used by the towing company to complete the tow
33 and recovery.
34 (b) The itemized invoice required by this section must contain the
35 following information:
36 (1) The location from which the motor vehicle was towed.
37 (2) The location to which the motor vehicle was towed.
38 (3) The name, address, and telephone number of the towing
39 company.
40 (4) A description of the towed motor vehicle, including the:
41 (A) make;
42 (B) model;
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1 (C) year; and
2 (D) vehicle identification number;
3 of the motor vehicle.
4 (5) The license plate number and state of registration for the
5 towed motor vehicle.
6 (6) The cost of the original towing service.
7 (7) The cost of any vehicle storage fees, expressed as a daily rate.
8 (8) Other fees, including documentation fees and motor vehicle
9 search fees. Each fee must include a full description of the
10 services that were provided.
11 (9) The costs for services that were performed under a warranty
12 or that were otherwise performed at no cost to the owner of the
13 motor vehicle.
14 (10) An attestation that all items invoiced were used and
15 necessary in the ordinary course of business.
16 (11) The time that each invoiced item was used and the
17 location.
18 (12) The number of miles the vehicle was towed.
19 (c) Any service or fee in addition to the services or fees described
20 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
21 a single line item on the invoice required by this section, with an
22 explanation and the exact charge for the service or the exact amount of
23 the fee.
24 (d) A copy of each invoice and receipt submitted by a tow truck
25 operator in accordance with this section shall:
26 (1) be retained by the towing company for a period of two (2)
27 years from the date of issuance; and
28 (2) throughout the two (2) year period described in subdivision
29 (1), be made available for inspection and copying not later than
30 forty-eight (48) hours after receiving a written request for
31 inspection from:
32 (A) a law enforcement agency;
33 (B) the attorney general;
34 (C) the prosecuting attorney or city attorney having
35 jurisdiction in the location of any of the towing company's
36 Indiana business locations;
37 (D) the disabled motor vehicle's owner; or
38 (E) the agent of the disabled motor vehicle's owner.
39 SECTION 15. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2025]: Sec. 2. A towing company may charge fees for emergency
42 towing and private property towing as follows:
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1 (1) If the towing service is an emergency towing requested by
2 the state police department and the towing company has filed
3 its rates to be part of the state police department's towing
4 rotation, at the rate agreed to by the towing company and the
5 state police department.
6 (2) If the towing service is an emergency towing requested by
7 a local law enforcement agency and the local law enforcement
8 agency has set rates, at the rate of the local law enforcement
9 agency or at the rate provided to the local law enforcement
10 agency.
11 (3) If the towing service is an emergency towing requested by
12 a local law enforcement agency and the local law enforcement
13 agency does not have set rates or rates provided to the local
14 law enforcement agency, at the following rates:
15 (A) The rate the towing company provides to the state
16 police department district in which the tow occurs.
17 (B) If the towing company does not have rates filed with
18 the state police department district in which the tow
19 occurs, then a rate that is not more than the state police
20 department district's towing and storage agreements.
21 (4) If the towing service is a private property towing
22 requested by a property owner that does not have a towing
23 agreement with the towing company, at the rate applicable
24 under subdivision (2) or (3).
25 (5) If the towing service is a private property towing
26 requested by a property owner that has a towing agreement
27 with the towing company, at the rate applicable in the towing
28 agreement.
29 SECTION 16. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
32 of the following:
33 (1) A truck (as defined in IC 9-13-2-188).
34 (2) A trailer (as defined in IC 9-13-2-184).
35 (3) Cargo.
36 (b) A person may file a complaint with the attorney general
37 alleging a violation of this article under IC 24-14-10-1 if the
38 person:
39 (1) owns or holds a lien on property held at a towing company
40 or storage facility; and
41 (2) believes the charges relating to a tow or the storage of the
42 property are unreasonable.
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1 (c) Not later than twenty-four (24) hours after receipt of:
2 (1) sixty percent (60%) of the amount charged;
3 (2) proof of a bond obtained by the owner for the remaining
4 forty percent (40%) of the amount of the invoice; and
5 (3) a copy of a complaint filed with the attorney general
6 alleging a violation of this article under IC 24-14-10-1;
7 a towing company or storage facility shall release all property to
8 a properly identified person who owns or holds a lien on the
9 property.
10 SECTION 17. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
13 facility shall furnish a copy of the invoice described in IC 24-14-5 and
14 all supporting documentation, including payroll records and copies
15 of invoices from third parties that are included on the invoice, to a
16 local law enforcement agency or the office of the attorney general.
17 SECTION 18. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
20 following:
21 (1) Falsely represent, either expressly or by implication, that the
22 towing company represents or is approved by any organization
23 that provides emergency road service for disabled motor vehicles.
24 (2) Require the owner or operator of a disabled motor vehicle to
25 preauthorize:
26 (A) repair work; or
27 (B) more than twenty-four (24) hours of storage;
28 as a condition for providing towing service for the disabled motor
29 vehicle.
30 (3) Charge more than one (1) towing fee when the owner or
31 operator of a disabled motor vehicle requests that the disabled
32 motor vehicle be towed to a repair facility owned or operated by
33 the towing company.
34 (4) Tow a motor vehicle to a repair facility unless:
35 (A) either:
36 (i) the owner of the motor vehicle; or
37 (ii) the owner's designated representative;
38 gives consent for the motor vehicle to be towed to the repair
39 facility; and
40 (B) the consent described in clause (A) is given before the
41 motor vehicle is removed from the location from which it is to
42 be towed.
ES 73—LS 6399/DI 151 14
1 The prohibition set forth in this subdivision does not apply in any
2 case in which a towing company tows a motor vehicle to a storage
3 facility that includes a repair facility on the same site.
4 (5) Offer or provide compensation to a person for a towing
5 referral unless the person and towing company have a prior
6 contract.
7 SECTION 19. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
10 do any of the following:
11 (1) Upon payment of all costs relating to a tow, motor vehicle
12 storage, and all allowable fees, as applicable, refuse to release the
13 motor vehicle during regular office hours to a properly identified
14 person who owns or holds a lien on the motor vehicle in
15 accordance with the procedures and subject to the same
16 requirements set forth in IC 9-22-1-8 with respect to abandoned
17 motor vehicles. However, a towing company or storage facility
18 shall not release a motor vehicle in any case in which a local law
19 enforcement agency has ordered the motor vehicle not to be
20 released, or in any case in which the motor vehicle cannot be
21 released because of pending litigation.
22 (2) Refuse to permit:
23 (A) a properly identified person who owns or holds a lien on
24 a motor vehicle; or
25 (B) a representative of the insurance company that insures the
26 motor vehicle, if the vehicle is covered by an active policy of
27 insurance;
28 to inspect the motor vehicle during regular office hours before all
29 costs incurred against the motor vehicle are paid or the motor
30 vehicle is released. An inspection fee may not be charged for an
31 inspection that occurs during regular office hours.
32 (3) Charge any storage fee for a stored motor vehicle with respect
33 to any day on which:
34 (A) release of the motor vehicle; or
35 (B) inspection of the motor vehicle by the owner, lienholder,
36 or insurance company;
37 is not permitted during regular office hours by the towing
38 company or storage facility.
39 (4) Offer to provide compensation to a person for a referral
40 unless the person and the towing company or storage facility
41 have an executed contract in place.
42 (5) Charge more than the fees that are included in a towing
ES 73—LS 6399/DI 151 15
1 agreement or contract with the law enforcement agency that
2 ordered the tow or the contract with the private property
3 owner that ordered the tow under IC 9-22-1.
4 SECTION 20. An emergency is declared for this act.
ES 73—LS 6399/DI 151 16
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;
ES 73—LS 6399/DI 151 17
(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.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred Senate Bill 73, has had the same under
consideration and begs leave to report the same back to the House with
ES 73—LS 6399/DI 151 18
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-2-26.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 26.1. Towing Rotation Requirements
Sec. 1. The definitions in IC 24-14-2 apply throughout this
chapter.
Sec. 2. A law enforcement agency shall do at least one (1) of the
following for emergency towing:
(1) Establish a written policy for towing rotations.
(2) Enter into a contract.
Sec. 3. (a) This section applies to:
(1) a written policy established after June 30, 2025; and
(2) a contract entered into, amended, or renewed after June
30, 2025.
(b) A written policy or contract required under section 2 of this
chapter must include the following, as applicable:
(1) The length of time of the contract between the towing
company and the law enforcement agency, including renewal
periods.
(2) Rates for all services, including standby rates.
(3) Rates for storage and the timing for when storage charges
begin.
(4) The allowable administrative fee for each service and
when the fee is applicable.
(5) Truck and equipment requirements.
(6) Availability of a towing company to respond to calls.
(7) Response time requirements.
(8) Storage lot requirements.
(9) Availability for the owner to pick up the vehicle, including
after hours.
(10) Access to personal belongings in a vehicle that is in
storage.
(11) Markup percentages for items or services provided by
third parties.
(12) A provision that allows the law enforcement agency to
suspend or remove a towing company that violates the written
policy.
(13) A prohibition on charging fees that are not listed under
the written policy or contract.
ES 73—LS 6399/DI 151 19
Sec. 4. A law enforcement agency may not use a towing
company that charges unreasonable fees as part of its towing
rotation. A law enforcement agency must perform a periodic
review of a towing company's rates for reasonableness.
Sec. 5. A contract required under section 2 of this chapter may
not include a minimum number of hours for a towing service to be
invoiced.
Sec. 6. A law enforcement agency may select a towing company
outside of its towing rotation if an emergency situation requires the
use of a towing company with certain equipment or capacity to
adequately respond to the emergency situation.".
Page 2, between lines 34 and 35, begin a new paragraph and insert:
"SECTION 4. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
identified person who owns or holds a lien on a vehicle appears at the
site of storage before disposal of the vehicle or parts and pays all costs
relating to a tow, the storage of the vehicle, and all allowable fees, as
applicable, the vehicle or parts shall be released.
(b) A towing service or storage yard may not charge an inspection
fee to an owner, a lienholder, or an insurance company representative
to inspect a vehicle or retrieve items from the vehicle. A fee under this
subsection must be refunded if the costs relating to a tow, the storage
of the vehicle, and all allowable fees, as applicable, are paid under
subsection (a).
(c) A towing service or storage yard must accept payment made by
any of the following means from a person seeking to release a vehicle
under this section:
(1) Cash.
(2) Certified check.
(3) Insurance check.
(4) Money order.
A towing service or storage facility may elect to accept payment by
means of a credit card or debit card.
(d) Upon receiving payment of all costs relating to a tow, the storage
of a vehicle, and all allowable fees, as applicable, a towing service or
storage yard shall provide to the person making payment an itemized
receipt that includes the information set forth in IC 24-14-5, to the
extent the information is known or available.
(e) A towing service or storage yard must be open for business and
accessible by telephone during regular office hours. A towing service
or storage yard must provide a telephone number that is available on a
ES 73—LS 6399/DI 151 20
twenty-four (24) hour basis to receive calls and messages from callers,
including calls made outside of regular office hours. All calls made to
a towing service or storage yard must be returned within twenty-four
(24) hours from the time received. However, if adverse weather, an act
of God, or an emergency situation over which the towing service or
storage yard has no control prevents the towing service or storage yard
from returning calls within twenty-four (24) hours, the towing service
or storage yard shall return all calls received as quickly as possible.
(f) A towing service or storage yard shall, if required, notify the
appropriate public agency of all releases under this section. The
notification must include:
(1) the name and address of:
(A) the person that owns or holds a lien on the vehicle; and
(B) the insurance company that insures the vehicle, if the
vehicle was released to a representative of the insurance
company;
(2) the signature of the individual to whom the vehicle was
released;
(3) a description of the vehicle or parts;
(4) costs paid; and
(5) the date of release.
(g) A towing company shall release property to an owner or an
owner's designee not later than twenty-four (24) hours after the
towing company's receipt of:
(1) payment of sixty percent (60%) of the amount of the
invoice;
(2) proof of a bond obtained by the owner for the remaining
forty percent (40%) of the amount of the invoice; and
(3) a copy of a complaint filed with the attorney general
alleging a violation of IC 24-14 under IC 24-14-10-1.
(h) A bond required under subsection (g) must be payable to the
towing company not later than thirty (30) days after the date of the
bond's issuance, unless a civil complaint is filed in the appropriate
jurisdiction by the towing company or the owner. If a civil
complaint is filed, the court shall determine the outcome of the
bond's payment.".
Page 3, after line 19, begin a new paragraph and insert:
"SECTION 8. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
shall review its rate sheet for towing service not less than one (1)
time per calendar year.
ES 73—LS 6399/DI 151 21
SECTION 9. IC 10-11-2-35.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department
may perform an audit of a towing company's truck and equipment
inventory before adding the towing company to the state police
department's towing rotation.
SECTION 10. IC 24-4-26 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 26. Advertising of Illegal Products
Sec. 1. This chapter does not apply to the advertisement of a:
(1) product containing marijuana; or
(2) controlled substance listed in schedule I of IC 35-48-2;
pursuant to a contract that was entered into or renewed before the
effective date of this chapter as enacted by the 2025 general
assembly.
Sec. 2. As used in this chapter, "marijuana" has the meaning set
forth in IC 35-48-1-19.
Sec. 3. As used in this chapter, "person" means:
(1) an individual;
(2) a proprietorship;
(3) a partnership;
(4) a firm;
(5) an association;
(6) a corporation;
(7) a limited liability company; or
(8) another legal entity.
Sec. 4. A person may not advertise a:
(1) product containing marijuana; or
(2) controlled substance listed in schedule I of IC 35-48-2;
by any medium.
Sec. 5. (a) The attorney general may bring an action under this
chapter to obtain any or all of the following against a person that
violates this chapter:
(1) An injunction to enjoin future violations of this chapter.
(2) The following civil penalties:
(A) Not more than five thousand dollars ($5,000) for the
first violation.
(B) Not more than ten thousand dollars ($10,000) for a
second violation.
(C) Not more than fifteen thousand dollars ($15,000) for
each additional violation.
ES 73—LS 6399/DI 151 22
(3) The attorney general's reasonable costs in:
(A) the investigation of the violations under this chapter;
and
(B) maintaining the action.
(b) All civil penalties collected under this chapter shall be
deposited in the state general fund.
SECTION 11. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible, except
securities and policies or contracts of insurance issued by
corporations authorized to transact an insurance business under
the laws of the state of Indiana, with or without an extension of
credit, to a person for purposes that are primarily personal,
familial, charitable, agricultural, or household, or a solicitation to
supply any of these things. However, the term includes the
following:
(A) A transfer of structured settlement payment rights under
IC 34-50-2.
(B) An unsolicited advertisement sent to a person by telephone
facsimile machine offering a sale, lease, assignment, award by
chance, or other disposition of an item of personal property,
real property, a service, or an intangible.
(C) The collection of or attempt to collect a debt by a debt
collector.
(D) Conduct that arises from, occurs in connection with, or
otherwise involves a transaction for emergency towing (as
defined in IC 24-14-2-5) of a personal or commercial
vehicle.
(2) "Person" means an individual, corporation, the state of Indiana
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, nonprofit corporation or organization, or
cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, wholesaler, or retailer,
whether or not the person deals directly with the consumer.
ES 73—LS 6399/DI 151 23
(B) A debt collector.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items of
value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other costs
that a consumer may incur in relation to the deceptive act.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has been damaged
by such act has given notice to the supplier under section 5(a)
of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within
thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within a
reasonable time after the consumer's acceptance of the offer
to cure.
(8) "Incurable deceptive act" means a deceptive act done by a
supplier as part of a scheme, artifice, or device with intent to
defraud or mislead. The term includes a failure of a transferee of
structured settlement payment rights to timely provide a true and
complete disclosure statement to a payee as provided under
ES 73—LS 6399/DI 151 24
IC 34-50-2 in connection with a direct or indirect transfer of
structured settlement payment rights.
(9) "Senior consumer" means an individual who is at least sixty
(60) years of age.
(10) "Telephone facsimile machine" means equipment that has
the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal
over a regular telephone line; or
(B) an electronic signal received over a regular telephone line
onto paper.
(11) "Unsolicited advertisement" means material advertising the
commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express
invitation or permission, in writing or otherwise.
(12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
(13) "Debt collector" has the meaning set forth in 15 U.S.C.
1692(a)(6). The term does not include a person admitted to the
practice of law in Indiana if the person is acting within the course
and scope of the person's practice as an attorney. The term
includes a debt buyer (as defined in IC 24-5-15.5).
(b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
(1) "Directory assistance" means the disclosure of telephone
number information in connection with an identified telephone
service subscriber by means of a live operator or automated
service.
(2) "Local telephone directory" refers to a telephone classified
advertising directory or the business section of a telephone
directory that is distributed by a telephone company or directory
publisher to subscribers located in the local exchanges contained
in the directory. The term includes a directory that includes
listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that
has the three (3) number prefix used by the provider of telephone
service for telephones physically located within the area covered
by the local telephone directory in which the number is listed. The
term does not include long distance numbers or 800-, 888-, or
900- exchange numbers listed in a local telephone directory.
SECTION 12. IC 24-14-2-3.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
ES 73—LS 6399/DI 151 25
[EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Compensation" means any
money, thing of value, or economic benefit conferred on, or
received by, a person in return for services rendered, or for
services to be rendered, whether by that person or another person.
SECTION 13. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
SECTION 14. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
charges assessed by a towing company shall be made available to the
owner of the motor vehicle or the owner's agent not later than one (1)
business day after:
(1) the tow is completed; or
(2) the towing company has obtained all necessary information to
be included on the invoice, including any charges submitted by
subcontractors used by the towing company to complete the tow
and recovery.
(b) The itemized invoice required by this section must contain the
following information:
(1) The location from which the motor vehicle was towed.
(2) The location to which the motor vehicle was towed.
(3) The name, address, and telephone number of the towing
company.
(4) A description of the towed motor vehicle, including the:
(A) make;
(B) model;
(C) year; and
(D) vehicle identification number;
of the motor vehicle.
(5) The license plate number and state of registration for the
towed motor vehicle.
(6) The cost of the original towing service.
(7) The cost of any vehicle storage fees, expressed as a daily rate.
(8) Other fees, including documentation fees and motor vehicle
search fees. Each fee must include a full description of the
services that were provided.
(9) The costs for services that were performed under a warranty
or that were otherwise performed at no cost to the owner of the
motor vehicle.
(10) An attestation that all items invoiced were used and
ES 73—LS 6399/DI 151 26
necessary in the ordinary course of business.
(11) The time that each invoiced item was used and the
location.
(12) The number of miles the vehicle was towed.
(c) Any service or fee in addition to the services or fees described
in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
a single line item on the invoice required by this section, with an
explanation and the exact charge for the service or the exact amount of
the fee.
(d) A copy of each invoice and receipt submitted by a tow truck
operator in accordance with this section shall:
(1) be retained by the towing company for a period of two (2)
years from the date of issuance; and
(2) throughout the two (2) year period described in subdivision
(1), be made available for inspection and copying not later than
forty-eight (48) hours after receiving a written request for
inspection from:
(A) a law enforcement agency;
(B) the attorney general;
(C) the prosecuting attorney or city attorney having
jurisdiction in the location of any of the towing company's
Indiana business locations;
(D) the disabled motor vehicle's owner; or
(E) the agent of the disabled motor vehicle's owner.
SECTION 15. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 2. A towing company may charge fees for emergency
towing and private property towing as follows:
(1) If the towing service is an emergency towing requested by
the state police department and the towing company has filed
its rates to be part of the state police department's towing
rotation, at the rate agreed to by the towing company and the
state police department.
(2) If the towing service is an emergency towing requested by
a local law enforcement agency and the local law enforcement
agency has set rates, at the rate of the local law enforcement
agency or at the rate provided to the local law enforcement
agency.
(3) If the towing service is an emergency towing requested by
a local law enforcement agency and the local law enforcement
agency does not have set rates or rates provided to the local
law enforcement agency, at the following rates:
ES 73—LS 6399/DI 151 27
(A) The rate the towing company provides to the state
police department district in which the tow occurs.
(B) If the towing company does not have rates filed with
the state police department district in which the tow
occurs, then a rate that is not more than the state police
department district's towing and storage agreements.
(4) If the towing service is a private property towing
requested by a property owner that does not have a towing
agreement with the towing company, at the rate applicable
under subdivision (2) or (3).
(5) If the towing service is a private property towing
requested by a property owner that has a towing agreement
with the towing company, at the rate applicable in the towing
agreement.
SECTION 16. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 3. (a) As used in this section, "property" means any
of the following:
(1) A truck (as defined in IC 9-13-2-188).
(2) A trailer (as defined in IC 9-13-2-184).
(3) Cargo.
(b) A person may file a complaint with the attorney general
alleging a violation of this article under IC 24-14-10-1 if the
person:
(1) owns or holds a lien on property held at a towing company
or storage facility; and
(2) believes the charges relating to a tow or the storage of the
property are unreasonable.
(c) Not later than twenty-four (24) hours after receipt of:
(1) sixty percent (60%) of the amount charged;
(2) proof of a bond obtained by the owner for the remaining
forty percent (40%) of the amount of the invoice; and
(3) a copy of a complaint filed with the attorney general
alleging a violation of this article under IC 24-14-10-1;
a towing company or storage facility shall release all property to
a properly identified person who owns or holds a lien on the
property.
SECTION 17. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
facility shall furnish a copy of the invoice described in IC 24-14-5 and
all supporting documentation, including payroll records and copies
ES 73—LS 6399/DI 151 28
of invoices from third parties that are included on the invoice, to a
local law enforcement agency or the office of the attorney general.
SECTION 18. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
following:
(1) Falsely represent, either expressly or by implication, that the
towing company represents or is approved by any organization
that provides emergency road service for disabled motor vehicles.
(2) Require the owner or operator of a disabled motor vehicle to
preauthorize:
(A) repair work; or
(B) more than twenty-four (24) hours of storage;
as a condition for providing towing service for the disabled motor
vehicle.
(3) Charge more than one (1) towing fee when the owner or
operator of a disabled motor vehicle requests that the disabled
motor vehicle be towed to a repair facility owned or operated by
the towing company.
(4) Tow a motor vehicle to a repair facility unless:
(A) either:
(i) the owner of the motor vehicle; or
(ii) the owner's designated representative;
gives consent for the motor vehicle to be towed to the repair
facility; and
(B) the consent described in clause (A) is given before the
motor vehicle is removed from the location from which it is to
be towed.
The prohibition set forth in this subdivision does not apply in any
case in which a towing company tows a motor vehicle to a storage
facility that includes a repair facility on the same site.
(5) Offer or provide compensation to a person for a towing
referral unless the person and towing company have a prior
contract.
SECTION 19. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
do any of the following:
(1) Upon payment of all costs relating to a tow, motor vehicle
storage, and all allowable fees, as applicable, refuse to release the
motor vehicle during regular office hours to a properly identified
person who owns or holds a lien on the motor vehicle in
ES 73—LS 6399/DI 151 29
accordance with the procedures and subject to the same
requirements set forth in IC 9-22-1-8 with respect to abandoned
motor vehicles. However, a towing company or storage facility
shall not release a motor vehicle in any case in which a local law
enforcement agency has ordered the motor vehicle not to be
released, or in any case in which the motor vehicle cannot be
released because of pending litigation.
(2) Refuse to permit:
(A) a properly identified person who owns or holds a lien on
a motor vehicle; or
(B) a representative of the insurance company that insures the
motor vehicle, if the vehicle is covered by an active policy of
insurance;
to inspect the motor vehicle during regular office hours before all
costs incurred against the motor vehicle are paid or the motor
vehicle is released. An inspection fee may not be charged for an
inspection that occurs during regular office hours.
(3) Charge any storage fee for a stored motor vehicle with respect
to any day on which:
(A) release of the motor vehicle; or
(B) inspection of the motor vehicle by the owner, lienholder,
or insurance company;
is not permitted during regular office hours by the towing
company or storage facility.
(4) Offer to provide compensation to a person for a referral
unless the person and the towing company or storage facility
have an executed contract in place.
(5) Charge more than the fees that are included in a towing
agreement or contract with the law enforcement agency that
ordered the tow or the contract with the private property
owner that ordered the tow under IC 9-22-1.
SECTION 20. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 73 as printed January 29, 2025.)
PRESSEL
Committee Vote: yeas 12, nays 0.
ES 73—LS 6399/DI 151