IN
Indiana Senate Bill SB0073

Indiana 2025 Regular Session

Indiana Senate Bill SB0073 Compare Versions

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1-*ES0073.2*
2-Reprinted
3-April 4, 2025
1+*ES0073.1*
2+March 31, 2025
43 ENGROSSED
54 SENATE BILL No. 73
65 _____
7-DIGEST OF SB 73 (Updated April 3, 2025 12:54 pm - DI 137)
6+DIGEST OF SB 73 (Updated March 31, 2025 12:25 pm - DI 137)
87 Citations Affected: IC 5-2; IC 9-13; IC 9-22; IC 9-32; IC 10-11;
98 IC 24-4; IC 24-5; IC 24-14.
109 Synopsis: Consumer affairs matters. Amends the definition of "motor
1110 vehicle" for purposes of dealer services provisions governing unfair
1211 practices and the succession to franchise by designated family
1312 members. Specifies that the requirement that a dealer have an
1413 established place of business does not apply to a dealer selling trailers,
1514 unless the dealer is required to be licensed for an other purpose.
1615 Provides that a dealer selling trailers does not have to file certain
1716 information with the secretary of state. Prohibits a person from
1817 advertising: (1) a product containing marijuana; or (2) a controlled
1918 substance listed in schedule I; by any medium. Requires a towing
2019 company to release property to a consumer if the consumer pays a
2120 percentage of the towing invoice, obtains a bond for the remaining
2221 amount of the invoice, and provides a copy of a complaint filed with
23-the attorney general. Requires a city, county, or town to credit the
24-proceeds from the sale of an abandoned vehicle or parts against the
25-costs of removal, storage, and disposal of the vehicle. Establishes rates
26-a towing company may charge for fees for emergency towing or private
27-property towing.
22+the attorney general. Establishes rates a towing company may charge
23+for fees for emergency towing or private property towing.
2824 Effective: Upon passage; July 1, 2025.
2925 Dernulc, Doriot, Randolph Lonnie M
30-(HOUSE SPONSORS — PRESSEL, SLAGER, WESCO, BURTON)
26+(HOUSE SPONSORS — PRESSEL, SLAGER)
3127 January 8, 2025, read first time and referred to Committee on Homeland Security and
3228 Transportation.
3329 January 28, 2025, amended, reported favorably — Do Pass.
3430 January 30, 2025, read second time, ordered engrossed. Engrossed.
3531 February 3, 2025, read third time, passed. Yeas 49, nays 0.
3632 HOUSE ACTION
3733 March 3, 2025, read first time and referred to Committee on Roads and Transportation.
3834 March 31, 2025, amended, reported — Do Pass.
39-April 3, 2025, read second time, amended, ordered engrossed.
40-ES 73—LS 6399/DI 151 Reprinted
41-April 4, 2025
35+ES 73—LS 6399/DI 151 March 31, 2025
4236 First Regular Session of the 124th General Assembly (2025)
4337 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4438 Constitution) is being amended, the text of the existing provision will appear in this style type,
4539 additions will appear in this style type, and deletions will appear in this style type.
4640 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4741 provision adopted), the text of the new provision will appear in this style type. Also, the
4842 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4943 a new provision to the Indiana Code or the Indiana Constitution.
5044 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5145 between statutes enacted by the 2024 Regular Session of the General Assembly.
5246 ENGROSSED
5347 SENATE BILL No. 73
5448 A BILL FOR AN ACT to amend the Indiana Code concerning
5549 motor vehicles.
5650 Be it enacted by the General Assembly of the State of Indiana:
5751 1 SECTION 1. IC 5-2-26.1 IS ADDED TO THE INDIANA CODE
5852 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
5953 3 JULY 1, 2025]:
6054 4 Chapter 26.1. Towing Rotation Requirements
6155 5 Sec. 1. The definitions in IC 24-14-2 apply throughout this
6256 6 chapter.
6357 7 Sec. 2. A law enforcement agency shall do at least one (1) of the
6458 8 following for emergency towing:
6559 9 (1) Establish a written policy for towing rotations.
6660 10 (2) Enter into a contract.
6761 11 Sec. 3. (a) This section applies to:
6862 12 (1) a written policy established after June 30, 2025; and
6963 13 (2) a contract entered into, amended, or renewed after June
7064 14 30, 2025.
7165 15 (b) A written policy or contract required under section 2 of this
7266 16 chapter must include the following, as applicable:
7367 17 (1) The length of time of the contract between the towing
7468 ES 73—LS 6399/DI 151 2
7569 1 company and the law enforcement agency, including renewal
7670 2 periods.
7771 3 (2) Rates for all services, including standby rates.
7872 4 (3) Rates for storage and the timing for when storage charges
7973 5 begin.
8074 6 (4) The allowable administrative fee for each service and
8175 7 when the fee is applicable.
8276 8 (5) Truck and equipment requirements.
8377 9 (6) Availability of a towing company to respond to calls.
8478 10 (7) Response time requirements.
8579 11 (8) Storage lot requirements.
8680 12 (9) Availability for the owner to pick up the vehicle, including
8781 13 after hours.
8882 14 (10) Access to personal belongings in a vehicle that is in
8983 15 storage.
9084 16 (11) Markup percentages for items or services provided by
9185 17 third parties.
9286 18 (12) A provision that allows the law enforcement agency to
9387 19 suspend or remove a towing company that violates the written
9488 20 policy.
9589 21 (13) A prohibition on charging fees that are not listed under
9690 22 the written policy or contract.
97-23 (c) Notwithstanding IC 9-22-1-14, and in addition to the
98-24 requirements under subsection (b), in the case of a contract
99-25 between a towing company and a local law enforcement agency in
100-26 a county containing a consolidated city, the contract must provide
101-27 that a person may park a vehicle that is registered to the person's
102-28 residence on the street outside the person's residence for not more
103-29 than seven (7) days before the vehicle is required to be towed.
104-30 Sec. 4. A law enforcement agency may not use a towing
105-31 company that charges unreasonable fees as part of its towing
106-32 rotation. A law enforcement agency must perform a periodic
107-33 review of a towing company's rates for reasonableness.
108-34 Sec. 5. A contract required under section 2 of this chapter may
109-35 not include a minimum number of hours for a towing service to be
110-36 invoiced.
111-37 Sec. 6. A law enforcement agency may select a towing company
112-38 outside of its towing rotation if an emergency situation requires the
113-39 use of a towing company with certain equipment or capacity to
114-40 adequately respond to the emergency situation.
115-41 SECTION 2. IC 9-13-2-105, AS AMENDED BY P.L.120-2020,
116-42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
91+23 Sec. 4. A law enforcement agency may not use a towing
92+24 company that charges unreasonable fees as part of its towing
93+25 rotation. A law enforcement agency must perform a periodic
94+26 review of a towing company's rates for reasonableness.
95+27 Sec. 5. A contract required under section 2 of this chapter may
96+28 not include a minimum number of hours for a towing service to be
97+29 invoiced.
98+30 Sec. 6. A law enforcement agency may select a towing company
99+31 outside of its towing rotation if an emergency situation requires the
100+32 use of a towing company with certain equipment or capacity to
101+33 adequately respond to the emergency situation.
102+34 SECTION 2. IC 9-13-2-105, AS AMENDED BY P.L.120-2020,
103+35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104+36 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as
105+37 otherwise provided in this section, a vehicle that is self-propelled. The
106+38 term does not include a farm tractor, an implement of agriculture
107+39 designed to be operated primarily in a farm field or on farm premises,
108+40 an electric bicycle, an electric foot scooter, or an electric personal
109+41 assistive mobility device.
110+42 (b) "Motor vehicle", for purposes of IC 9-21, means:
117111 ES 73—LS 6399/DI 151 3
118-1 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as
119-2 otherwise provided in this section, a vehicle that is self-propelled. The
120-3 term does not include a farm tractor, an implement of agriculture
121-4 designed to be operated primarily in a farm field or on farm premises,
122-5 an electric bicycle, an electric foot scooter, or an electric personal
123-6 assistive mobility device.
124-7 (b) "Motor vehicle", for purposes of IC 9-21, means:
125-8 (1) a vehicle that is self-propelled; or
126-9 (2) a vehicle that is propelled by electric power obtained from
127-10 overhead trolley wires, but not operated upon rails.
128-11 The term does not include an electric foot scooter.
129-12 (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through
130-13 IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and
131-14 IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an
132-15 off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or
133-16 a recreational vehicle. The term does not include an electric foot
134-17 scooter.
135-18 (d) "Motor vehicle", for purposes of IC 9-32-13 (except
136-19 IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a
137-20 semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a
138-21 manufactured home, or a recreational vehicle. The term does not
139-22 include:
140-23 (1) an electric foot scooter; or
141-24 (2) a trailer that is:
142-25 (A) without motive power;
143-26 (B) designed for carrying property; and
144-27 (C) designed for being drawn by a motor vehicle.
145-28 SECTION 3. IC 9-13-2-184, AS AMENDED BY P.L.125-2012,
146-29 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147-30 JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise
148-31 provided in this section, a vehicle:
149-32 (1) without motive power;
112+1 (1) a vehicle that is self-propelled; or
113+2 (2) a vehicle that is propelled by electric power obtained from
114+3 overhead trolley wires, but not operated upon rails.
115+4 The term does not include an electric foot scooter.
116+5 (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through
117+6 IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and
118+7 IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an
119+8 off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or
120+9 a recreational vehicle. The term does not include an electric foot
121+10 scooter.
122+11 (d) "Motor vehicle", for purposes of IC 9-32-13 (except
123+12 IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a
124+13 semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a
125+14 manufactured home, or a recreational vehicle. The term does not
126+15 include:
127+16 (1) an electric foot scooter; or
128+17 (2) a trailer that is:
129+18 (A) without motive power;
130+19 (B) designed for carrying property; and
131+20 (C) designed for being drawn by a motor vehicle.
132+21 SECTION 3. IC 9-13-2-184, AS AMENDED BY P.L.125-2012,
133+22 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
134+23 JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise
135+24 provided in this section, a vehicle:
136+25 (1) without motive power;
137+26 (2) designed for carrying persons or property;
138+27 (3) designed for being drawn by a motor vehicle; and
139+28 (4) so constructed that no part of the weight of the trailer rests
140+29 upon the towing vehicle.
141+30 The term includes pole trailers and two (2) wheeled homemade trailers.
142+31 (b) "Trailer", for purposes of IC 9-21, means a vehicle:
143+32 (1) with or without motive power;
150144 33 (2) designed for carrying persons or property;
151145 34 (3) designed for being drawn by a motor vehicle; and
152146 35 (4) so constructed that no part of the weight of the trailer rests
153147 36 upon the towing vehicle.
154-37 The term includes pole trailers and two (2) wheeled homemade trailers.
155-38 (b) "Trailer", for purposes of IC 9-21, means a vehicle:
156-39 (1) with or without motive power;
157-40 (2) designed for carrying persons or property;
158-41 (3) designed for being drawn by a motor vehicle; and
159-42 (4) so constructed that no part of the weight of the trailer rests
148+37 The term does not include pole trailers or special machinery.
149+38 (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
150+39 means the combination of any motor vehicle towing another vehicle or
151+40 trailer.
152+41 (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5,
153+42 has the meaning set forth in IC 9-32-2.1-39.5.
160154 ES 73—LS 6399/DI 151 4
161-1 upon the towing vehicle.
162-2 The term does not include pole trailers or special machinery.
163-3 (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
164-4 means the combination of any motor vehicle towing another vehicle or
165-5 trailer.
166-6 (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5,
167-7 has the meaning set forth in IC 9-32-2.1-39.5.
168-8 SECTION 4. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
169-9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170-10 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
171-11 identified person who owns or holds a lien on a vehicle appears at the
172-12 site of storage before disposal of the vehicle or parts and pays all costs
173-13 relating to a tow, the storage of the vehicle, and all allowable fees, as
174-14 applicable, the vehicle or parts shall be released.
175-15 (b) A towing service or storage yard may not charge an inspection
176-16 fee to an owner, a lienholder, or an insurance company representative
177-17 to inspect a vehicle or retrieve items from the vehicle. A fee under this
178-18 subsection must be refunded if the costs relating to a tow, the storage
179-19 of the vehicle, and all allowable fees, as applicable, are paid under
180-20 subsection (a).
181-21 (c) A towing service or storage yard must accept payment made by
182-22 any of the following means from a person seeking to release a vehicle
183-23 under this section:
184-24 (1) Cash.
185-25 (2) Certified check.
186-26 (3) Insurance check.
187-27 (4) Money order.
188-28 A towing service or storage facility may elect to accept payment by
189-29 means of a credit card or debit card.
190-30 (d) Upon receiving payment of all costs relating to a tow, the storage
191-31 of a vehicle, and all allowable fees, as applicable, a towing service or
192-32 storage yard shall provide to the person making payment an itemized
193-33 receipt that includes the information set forth in IC 24-14-5, to the
194-34 extent the information is known or available.
195-35 (e) A towing service or storage yard must be open for business and
196-36 accessible by telephone during regular office hours. A towing service
197-37 or storage yard must provide a telephone number that is available on a
198-38 twenty-four (24) hour basis to receive calls and messages from callers,
199-39 including calls made outside of regular office hours. All calls made to
200-40 a towing service or storage yard must be returned within twenty-four
201-41 (24) hours from the time received. However, if adverse weather, an act
202-42 of God, or an emergency situation over which the towing service or
155+1 SECTION 4. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
156+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157+3 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
158+4 identified person who owns or holds a lien on a vehicle appears at the
159+5 site of storage before disposal of the vehicle or parts and pays all costs
160+6 relating to a tow, the storage of the vehicle, and all allowable fees, as
161+7 applicable, the vehicle or parts shall be released.
162+8 (b) A towing service or storage yard may not charge an inspection
163+9 fee to an owner, a lienholder, or an insurance company representative
164+10 to inspect a vehicle or retrieve items from the vehicle. A fee under this
165+11 subsection must be refunded if the costs relating to a tow, the storage
166+12 of the vehicle, and all allowable fees, as applicable, are paid under
167+13 subsection (a).
168+14 (c) A towing service or storage yard must accept payment made by
169+15 any of the following means from a person seeking to release a vehicle
170+16 under this section:
171+17 (1) Cash.
172+18 (2) Certified check.
173+19 (3) Insurance check.
174+20 (4) Money order.
175+21 A towing service or storage facility may elect to accept payment by
176+22 means of a credit card or debit card.
177+23 (d) Upon receiving payment of all costs relating to a tow, the storage
178+24 of a vehicle, and all allowable fees, as applicable, a towing service or
179+25 storage yard shall provide to the person making payment an itemized
180+26 receipt that includes the information set forth in IC 24-14-5, to the
181+27 extent the information is known or available.
182+28 (e) A towing service or storage yard must be open for business and
183+29 accessible by telephone during regular office hours. A towing service
184+30 or storage yard must provide a telephone number that is available on a
185+31 twenty-four (24) hour basis to receive calls and messages from callers,
186+32 including calls made outside of regular office hours. All calls made to
187+33 a towing service or storage yard must be returned within twenty-four
188+34 (24) hours from the time received. However, if adverse weather, an act
189+35 of God, or an emergency situation over which the towing service or
190+36 storage yard has no control prevents the towing service or storage yard
191+37 from returning calls within twenty-four (24) hours, the towing service
192+38 or storage yard shall return all calls received as quickly as possible.
193+39 (f) A towing service or storage yard shall, if required, notify the
194+40 appropriate public agency of all releases under this section. The
195+41 notification must include:
196+42 (1) the name and address of:
203197 ES 73—LS 6399/DI 151 5
204-1 storage yard has no control prevents the towing service or storage yard
205-2 from returning calls within twenty-four (24) hours, the towing service
206-3 or storage yard shall return all calls received as quickly as possible.
207-4 (f) A towing service or storage yard shall, if required, notify the
208-5 appropriate public agency of all releases under this section. The
209-6 notification must include:
210-7 (1) the name and address of:
211-8 (A) the person that owns or holds a lien on the vehicle; and
212-9 (B) the insurance company that insures the vehicle, if the
213-10 vehicle was released to a representative of the insurance
214-11 company;
215-12 (2) the signature of the individual to whom the vehicle was
216-13 released;
217-14 (3) a description of the vehicle or parts;
218-15 (4) costs paid; and
219-16 (5) the date of release.
220-17 (g) A towing company shall release property to a properly
221-18 identified person who owns or holds a lien on the vehicle not later
222-19 than twenty-four (24) hours after the towing company's receipt of:
223-20 (1) payment of seventy-five percent (75%) of the amount of
224-21 the invoice;
225-22 (2) proof of a bond obtained by the owner for the remaining
226-23 twenty-five percent (25%) of the amount of the invoice,
227-24 payable in the event the owner does not comply with a court
228-25 order under subsection (j); and
229-26 (3) a copy of a complaint filed with the attorney general
230-27 alleging a violation of IC 24-14 under IC 24-14-10-1.
231-28 (h) The owner shall file a civil complaint in the appropriate
232-29 jurisdiction not later than thirty (30) days after providing the items
233-30 required to release the vehicle under subsection (g) if the disputed
234-31 invoice amount has not been resolved. A towing company may
235-32 bring a civil complaint in an appropriate jurisdiction at any time
236-33 within the same thirty (30) day period asking the court to resolve
237-34 the disputed invoice amount.
238-35 (i) A civil complaint filed under subsection (h) must include the
239-36 amounts in the invoice that are disputed and the reasons those
240-37 amounts are disputed. A copy of the invoice and any evidence of
241-38 reasonableness or unreasonableness must be filed with the
242-39 complaint.
243-40 (j) After a civil complaint is filed under subsection (h), the court
244-41 shall make a determination as to whether the amount charged by
245-42 the towing company is reasonable. If the court determines that the
198+1 (A) the person that owns or holds a lien on the vehicle; and
199+2 (B) the insurance company that insures the vehicle, if the
200+3 vehicle was released to a representative of the insurance
201+4 company;
202+5 (2) the signature of the individual to whom the vehicle was
203+6 released;
204+7 (3) a description of the vehicle or parts;
205+8 (4) costs paid; and
206+9 (5) the date of release.
207+10 (g) A towing company shall release property to an owner or an
208+11 owner's designee not later than twenty-four (24) hours after the
209+12 towing company's receipt of:
210+13 (1) payment of sixty percent (60%) of the amount of the
211+14 invoice;
212+15 (2) proof of a bond obtained by the owner for the remaining
213+16 forty percent (40%) of the amount of the invoice; and
214+17 (3) a copy of a complaint filed with the attorney general
215+18 alleging a violation of IC 24-14 under IC 24-14-10-1.
216+19 (h) A bond required under subsection (g) must be payable to the
217+20 towing company not later than thirty (30) days after the date of the
218+21 bond's issuance, unless a civil complaint is filed in the appropriate
219+22 jurisdiction by the towing company or the owner. If a civil
220+23 complaint is filed, the court shall determine the outcome of the
221+24 bond's payment.
222+25 SECTION 5. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA
223+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
224+27 [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of
225+28 IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle:
226+29 (1) without motive power;
227+30 (2) designed for carrying property; and
228+31 (3) designed for being drawn by a motor vehicle.
229+32 SECTION 6. IC 9-32-11-2.1, AS ADDED BY P.L.120-2020,
230+33 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
231+34 JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to dealers
232+35 selling trailers unless the dealer is required to be licensed under
233+36 IC 9-32-11-1 for any other purpose.
234+37 (b) A dealer must have an established place of business that meets
235+38 the minimum standards prescribed by the secretary under rules adopted
236+39 under IC 4-22-2. A location that performs only ministerial tasks is not
237+40 sufficient.
238+41 SECTION 7. IC 9-32-11-5, AS AMENDED BY P.L.120-2020,
239+42 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246240 ES 73—LS 6399/DI 151 6
247-1 amount is reasonable, the court shall order the owner to pay the
248-2 amount of the invoice, minus the amount paid under subsection
249-3 (g)(1). If the court determines that the amount charged was
250-4 unreasonable, the court shall determine a reasonable amount and
251-5 order the owner to pay that amount minus the amount paid under
252-6 subsection (g)(1). If the reasonable amount determined by the
253-7 court is less than the amount paid under subsection (g)(1), the
254-8 court shall order the towing company to pay the owner the
255-9 difference in those amounts. The court may also require either
256-10 party to pay or refund any additional amount and may impose any
257-11 monetary penalties that the court determines to be appropriate.
258-12 (k) Nothing in this section creates, implies, or otherwise grants
259-13 insurance coverage for the amount billed by a towing service or
260-14 storage facility that is not within the owner's automobile insurance
261-15 policy or other policy of insurance.
262-16 SECTION 5. IC 9-22-1-27, AS AMENDED BY P.L.191-2007,
263-17 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
264-18 JULY 1, 2025]: Sec. 27. (a) This section applies to sales of abandoned
265-19 vehicles or parts by a city, county, or town.
266-20 (b) The proceeds from the sale of abandoned vehicles or parts,
267-21 including:
268-22 (1) charges for bills of sale; and
269-23 (2) money received from persons who own or hold liens on
270-24 vehicles for the cost of removal or storage of vehicles;
271-25 shall be credited against the costs of removal, storage, and disposal
272-26 of the vehicle. The remaining proceeds shall be deposited in the
273-27 city's, county's, or town's abandoned vehicle fund by the fiscal officer
274-28 of the city, county, or town.
275-29 (c) The costs incurred by a public agency in administering this
276-30 chapter shall be paid from the abandoned vehicle fund.
277-31 (d) The fiscal body shall annually appropriate sufficient money to
278-32 the fund to carry out this chapter. Money remaining in the fund at the
279-33 end of a year remains in the fund and does not revert to the general
280-34 fund.
281-35 (e) Notwithstanding subsection (d), the fiscal body of a consolidated
282-36 city may transfer money from the fund.
283-37 SECTION 6. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA
284-38 CODE AS A NEW SECTION TO READ AS FOLLOWS
285-39 [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of
286-40 IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle:
287-41 (1) without motive power;
288-42 (2) designed for carrying property; and
241+1 JULY 1, 2025]: Sec. 5. (a) This section does not apply to dealers
242+2 selling new manufactured homes or trailers.
243+3 (b) A dealer proposing to sell new motor vehicles or watercraft shall
244+4 file and maintain with the secretary:
245+5 (1) a current copy of each franchise to which the dealer is a party;
246+6 or
247+7 (2) if the dealer is a party to multiple franchises that are identical
248+8 except for stated items, a copy of the franchise form with
249+9 supplemental schedules of variations from the form.
250+10 SECTION 8. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
251+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
252+12 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
253+13 shall review its rate sheet for towing service not less than one (1)
254+14 time per calendar year.
255+15 SECTION 9. IC 10-11-2-35.6 IS ADDED TO THE INDIANA
256+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
257+17 [EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department
258+18 may perform an audit of a towing company's truck and equipment
259+19 inventory before adding the towing company to the state police
260+20 department's towing rotation.
261+21 SECTION 10. IC 24-4-26 IS ADDED TO THE INDIANA CODE
262+22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
263+23 UPON PASSAGE]:
264+24 Chapter 26. Advertising of Illegal Products
265+25 Sec. 1. This chapter does not apply to the advertisement of a:
266+26 (1) product containing marijuana; or
267+27 (2) controlled substance listed in schedule I of IC 35-48-2;
268+28 pursuant to a contract that was entered into or renewed before the
269+29 effective date of this chapter as enacted by the 2025 general
270+30 assembly.
271+31 Sec. 2. As used in this chapter, "marijuana" has the meaning set
272+32 forth in IC 35-48-1-19.
273+33 Sec. 3. As used in this chapter, "person" means:
274+34 (1) an individual;
275+35 (2) a proprietorship;
276+36 (3) a partnership;
277+37 (4) a firm;
278+38 (5) an association;
279+39 (6) a corporation;
280+40 (7) a limited liability company; or
281+41 (8) another legal entity.
282+42 Sec. 4. A person may not advertise a:
289283 ES 73—LS 6399/DI 151 7
290-1 (3) designed for being drawn by a motor vehicle.
291-2 SECTION 7. IC 9-32-11-2.1, AS ADDED BY P.L.120-2020,
292-3 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
293-4 JULY 1, 2025]: Sec. 2.1. (a) This section does not apply to dealers
294-5 selling trailers unless the dealer is required to be licensed under
295-6 IC 9-32-11-1 for any other purpose.
296-7 (b) A dealer must have an established place of business that meets
297-8 the minimum standards prescribed by the secretary under rules adopted
298-9 under IC 4-22-2. A location that performs only ministerial tasks is not
299-10 sufficient.
300-11 SECTION 8. IC 9-32-11-5, AS AMENDED BY P.L.120-2020,
301-12 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302-13 JULY 1, 2025]: Sec. 5. (a) This section does not apply to dealers
303-14 selling new manufactured homes or trailers.
304-15 (b) A dealer proposing to sell new motor vehicles or watercraft shall
305-16 file and maintain with the secretary:
306-17 (1) a current copy of each franchise to which the dealer is a party;
307-18 or
308-19 (2) if the dealer is a party to multiple franchises that are identical
309-20 except for stated items, a copy of the franchise form with
310-21 supplemental schedules of variations from the form.
311-22 SECTION 9. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
312-23 CODE AS A NEW SECTION TO READ AS FOLLOWS
313-24 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
314-25 shall review its rate sheet for towing service not less than one (1)
315-26 time per calendar year.
316-27 SECTION 10. IC 10-11-2-35.6 IS ADDED TO THE INDIANA
317-28 CODE AS A NEW SECTION TO READ AS FOLLOWS
318-29 [EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department
319-30 may perform an audit of a towing company's truck and equipment
320-31 inventory before adding the towing company to the state police
321-32 department's towing rotation.
322-33 SECTION 11. IC 24-4-26 IS ADDED TO THE INDIANA CODE
323-34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
324-35 UPON PASSAGE]:
325-36 Chapter 26. Advertising of Illegal Products
326-37 Sec. 1. This chapter does not apply to the advertisement of a:
327-38 (1) product containing marijuana; or
328-39 (2) controlled substance listed in schedule I of IC 35-48-2;
329-40 pursuant to a contract that was entered into or renewed before the
330-41 effective date of this chapter as enacted by the 2025 general
331-42 assembly.
284+1 (1) product containing marijuana; or
285+2 (2) controlled substance listed in schedule I of IC 35-48-2;
286+3 by any medium.
287+4 Sec. 5. (a) The attorney general may bring an action under this
288+5 chapter to obtain any or all of the following against a person that
289+6 violates this chapter:
290+7 (1) An injunction to enjoin future violations of this chapter.
291+8 (2) The following civil penalties:
292+9 (A) Not more than five thousand dollars ($5,000) for the
293+10 first violation.
294+11 (B) Not more than ten thousand dollars ($10,000) for a
295+12 second violation.
296+13 (C) Not more than fifteen thousand dollars ($15,000) for
297+14 each additional violation.
298+15 (3) The attorney general's reasonable costs in:
299+16 (A) the investigation of the violations under this chapter;
300+17 and
301+18 (B) maintaining the action.
302+19 (b) All civil penalties collected under this chapter shall be
303+20 deposited in the state general fund.
304+21 SECTION 11. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
305+22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306+23 JULY 1, 2025]: Sec. 2. (a) As used in this chapter:
307+24 (1) "Consumer transaction" means a sale, lease, assignment,
308+25 award by chance, or other disposition of an item of personal
309+26 property, real property, a service, or an intangible, except
310+27 securities and policies or contracts of insurance issued by
311+28 corporations authorized to transact an insurance business under
312+29 the laws of the state of Indiana, with or without an extension of
313+30 credit, to a person for purposes that are primarily personal,
314+31 familial, charitable, agricultural, or household, or a solicitation to
315+32 supply any of these things. However, the term includes the
316+33 following:
317+34 (A) A transfer of structured settlement payment rights under
318+35 IC 34-50-2.
319+36 (B) An unsolicited advertisement sent to a person by telephone
320+37 facsimile machine offering a sale, lease, assignment, award by
321+38 chance, or other disposition of an item of personal property,
322+39 real property, a service, or an intangible.
323+40 (C) The collection of or attempt to collect a debt by a debt
324+41 collector.
325+42 (D) Conduct that arises from, occurs in connection with, or
332326 ES 73—LS 6399/DI 151 8
333-1 Sec. 2. As used in this chapter, "marijuana" has the meaning set
334-2 forth in IC 35-48-1-19.
335-3 Sec. 3. As used in this chapter, "person" means:
336-4 (1) an individual;
337-5 (2) a proprietorship;
338-6 (3) a partnership;
339-7 (4) a firm;
340-8 (5) an association;
341-9 (6) a corporation;
342-10 (7) a limited liability company; or
343-11 (8) another legal entity.
344-12 Sec. 4. A person may not advertise a:
345-13 (1) product containing marijuana; or
346-14 (2) controlled substance listed in schedule I of IC 35-48-2;
347-15 by any medium.
348-16 Sec. 5. (a) The attorney general may bring an action under this
349-17 chapter to obtain any or all of the following against a person that
350-18 violates this chapter:
351-19 (1) An injunction to enjoin future violations of this chapter.
352-20 (2) The following civil penalties:
353-21 (A) Not more than five thousand dollars ($5,000) for the
354-22 first violation.
355-23 (B) Not more than ten thousand dollars ($10,000) for a
356-24 second violation.
357-25 (C) Not more than fifteen thousand dollars ($15,000) for
358-26 each additional violation.
359-27 (3) The attorney general's reasonable costs in:
360-28 (A) the investigation of the violations under this chapter;
361-29 and
362-30 (B) maintaining the action.
363-31 (b) All civil penalties collected under this chapter shall be
364-32 deposited in the state general fund.
365-33 SECTION 12. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
366-34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
367-35 JULY 1, 2025]: Sec. 2. (a) As used in this chapter:
368-36 (1) "Consumer transaction" means a sale, lease, assignment,
369-37 award by chance, or other disposition of an item of personal
370-38 property, real property, a service, or an intangible, except
371-39 securities and policies or contracts of insurance issued by
372-40 corporations authorized to transact an insurance business under
373-41 the laws of the state of Indiana, with or without an extension of
374-42 credit, to a person for purposes that are primarily personal,
327+1 otherwise involves a transaction for emergency towing (as
328+2 defined in IC 24-14-2-5) of a personal or commercial
329+3 vehicle.
330+4 (2) "Person" means an individual, corporation, the state of Indiana
331+5 or its subdivisions or agencies, business trust, estate, trust,
332+6 partnership, association, nonprofit corporation or organization, or
333+7 cooperative or any other legal entity.
334+8 (3) "Supplier" means the following:
335+9 (A) A seller, lessor, assignor, or other person who regularly
336+10 engages in or solicits consumer transactions, including
337+11 soliciting a consumer transaction by using a telephone
338+12 facsimile machine to transmit an unsolicited advertisement.
339+13 The term includes a manufacturer, wholesaler, or retailer,
340+14 whether or not the person deals directly with the consumer.
341+15 (B) A debt collector.
342+16 (4) "Subject of a consumer transaction" means the personal
343+17 property, real property, services, or intangibles offered or
344+18 furnished in a consumer transaction.
345+19 (5) "Cure" as applied to a deceptive act, means either:
346+20 (A) to offer in writing to adjust or modify the consumer
347+21 transaction to which the act relates to conform to the
348+22 reasonable expectations of the consumer generated by such
349+23 deceptive act and to perform such offer if accepted by the
350+24 consumer; or
351+25 (B) to offer in writing to rescind such consumer transaction
352+26 and to perform such offer if accepted by the consumer.
353+27 The term includes an offer in writing of one (1) or more items of
354+28 value, including monetary compensation, that the supplier
355+29 delivers to a consumer or a representative of the consumer if
356+30 accepted by the consumer.
357+31 (6) "Offer to cure" as applied to a deceptive act is a cure that:
358+32 (A) is reasonably calculated to remedy a loss claimed by the
359+33 consumer; and
360+34 (B) includes a minimum additional amount that is the greater
361+35 of:
362+36 (i) ten percent (10%) of the value of the remedy under
363+37 clause (A), but not more than four thousand dollars
364+38 ($4,000); or
365+39 (ii) five hundred dollars ($500);
366+40 as compensation for attorney's fees, expenses, and other costs
367+41 that a consumer may incur in relation to the deceptive act.
368+42 (7) "Uncured deceptive act" means a deceptive act:
375369 ES 73—LS 6399/DI 151 9
376-1 familial, charitable, agricultural, or household, or a solicitation to
377-2 supply any of these things. However, the term includes the
378-3 following:
379-4 (A) A transfer of structured settlement payment rights under
380-5 IC 34-50-2.
381-6 (B) An unsolicited advertisement sent to a person by telephone
382-7 facsimile machine offering a sale, lease, assignment, award by
383-8 chance, or other disposition of an item of personal property,
384-9 real property, a service, or an intangible.
385-10 (C) The collection of or attempt to collect a debt by a debt
386-11 collector.
387-12 (D) Conduct that arises from, occurs in connection with, or
388-13 otherwise involves a transaction for emergency towing (as
389-14 defined in IC 24-14-2-5) of a personal or commercial
390-15 vehicle.
391-16 (2) "Person" means an individual, corporation, the state of Indiana
392-17 or its subdivisions or agencies, business trust, estate, trust,
393-18 partnership, association, nonprofit corporation or organization, or
394-19 cooperative or any other legal entity.
395-20 (3) "Supplier" means the following:
396-21 (A) A seller, lessor, assignor, or other person who regularly
397-22 engages in or solicits consumer transactions, including
398-23 soliciting a consumer transaction by using a telephone
399-24 facsimile machine to transmit an unsolicited advertisement.
400-25 The term includes a manufacturer, wholesaler, or retailer,
401-26 whether or not the person deals directly with the consumer.
402-27 (B) A debt collector.
403-28 (4) "Subject of a consumer transaction" means the personal
404-29 property, real property, services, or intangibles offered or
405-30 furnished in a consumer transaction.
406-31 (5) "Cure" as applied to a deceptive act, means either:
407-32 (A) to offer in writing to adjust or modify the consumer
408-33 transaction to which the act relates to conform to the
409-34 reasonable expectations of the consumer generated by such
410-35 deceptive act and to perform such offer if accepted by the
411-36 consumer; or
412-37 (B) to offer in writing to rescind such consumer transaction
413-38 and to perform such offer if accepted by the consumer.
414-39 The term includes an offer in writing of one (1) or more items of
415-40 value, including monetary compensation, that the supplier
416-41 delivers to a consumer or a representative of the consumer if
417-42 accepted by the consumer.
370+1 (A) with respect to which a consumer who has been damaged
371+2 by such act has given notice to the supplier under section 5(a)
372+3 of this chapter; and
373+4 (B) either:
374+5 (i) no offer to cure has been made to such consumer within
375+6 thirty (30) days after such notice; or
376+7 (ii) the act has not been cured as to such consumer within a
377+8 reasonable time after the consumer's acceptance of the offer
378+9 to cure.
379+10 (8) "Incurable deceptive act" means a deceptive act done by a
380+11 supplier as part of a scheme, artifice, or device with intent to
381+12 defraud or mislead. The term includes a failure of a transferee of
382+13 structured settlement payment rights to timely provide a true and
383+14 complete disclosure statement to a payee as provided under
384+15 IC 34-50-2 in connection with a direct or indirect transfer of
385+16 structured settlement payment rights.
386+17 (9) "Senior consumer" means an individual who is at least sixty
387+18 (60) years of age.
388+19 (10) "Telephone facsimile machine" means equipment that has
389+20 the capacity to transcribe text or images, or both, from:
390+21 (A) paper into an electronic signal and to transmit that signal
391+22 over a regular telephone line; or
392+23 (B) an electronic signal received over a regular telephone line
393+24 onto paper.
394+25 (11) "Unsolicited advertisement" means material advertising the
395+26 commercial availability or quality of:
396+27 (A) property;
397+28 (B) goods; or
398+29 (C) services;
399+30 that is transmitted to a person without the person's prior express
400+31 invitation or permission, in writing or otherwise.
401+32 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
402+33 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
403+34 1692(a)(6). The term does not include a person admitted to the
404+35 practice of law in Indiana if the person is acting within the course
405+36 and scope of the person's practice as an attorney. The term
406+37 includes a debt buyer (as defined in IC 24-5-15.5).
407+38 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
408+39 (1) "Directory assistance" means the disclosure of telephone
409+40 number information in connection with an identified telephone
410+41 service subscriber by means of a live operator or automated
411+42 service.
418412 ES 73—LS 6399/DI 151 10
419-1 (6) "Offer to cure" as applied to a deceptive act is a cure that:
420-2 (A) is reasonably calculated to remedy a loss claimed by the
421-3 consumer; and
422-4 (B) includes a minimum additional amount that is the greater
423-5 of:
424-6 (i) ten percent (10%) of the value of the remedy under
425-7 clause (A), but not more than four thousand dollars
426-8 ($4,000); or
427-9 (ii) five hundred dollars ($500);
428-10 as compensation for attorney's fees, expenses, and other costs
429-11 that a consumer may incur in relation to the deceptive act.
430-12 (7) "Uncured deceptive act" means a deceptive act:
431-13 (A) with respect to which a consumer who has been damaged
432-14 by such act has given notice to the supplier under section 5(a)
433-15 of this chapter; and
434-16 (B) either:
435-17 (i) no offer to cure has been made to such consumer within
436-18 thirty (30) days after such notice; or
437-19 (ii) the act has not been cured as to such consumer within a
438-20 reasonable time after the consumer's acceptance of the offer
439-21 to cure.
440-22 (8) "Incurable deceptive act" means a deceptive act done by a
441-23 supplier as part of a scheme, artifice, or device with intent to
442-24 defraud or mislead. The term includes a failure of a transferee of
443-25 structured settlement payment rights to timely provide a true and
444-26 complete disclosure statement to a payee as provided under
445-27 IC 34-50-2 in connection with a direct or indirect transfer of
446-28 structured settlement payment rights.
447-29 (9) "Senior consumer" means an individual who is at least sixty
448-30 (60) years of age.
449-31 (10) "Telephone facsimile machine" means equipment that has
450-32 the capacity to transcribe text or images, or both, from:
451-33 (A) paper into an electronic signal and to transmit that signal
452-34 over a regular telephone line; or
453-35 (B) an electronic signal received over a regular telephone line
454-36 onto paper.
455-37 (11) "Unsolicited advertisement" means material advertising the
456-38 commercial availability or quality of:
457-39 (A) property;
458-40 (B) goods; or
459-41 (C) services;
460-42 that is transmitted to a person without the person's prior express
413+1 (2) "Local telephone directory" refers to a telephone classified
414+2 advertising directory or the business section of a telephone
415+3 directory that is distributed by a telephone company or directory
416+4 publisher to subscribers located in the local exchanges contained
417+5 in the directory. The term includes a directory that includes
418+6 listings of more than one (1) telephone company.
419+7 (3) "Local telephone number" refers to a telephone number that
420+8 has the three (3) number prefix used by the provider of telephone
421+9 service for telephones physically located within the area covered
422+10 by the local telephone directory in which the number is listed. The
423+11 term does not include long distance numbers or 800-, 888-, or
424+12 900- exchange numbers listed in a local telephone directory.
425+13 SECTION 12. IC 24-14-2-3.8 IS ADDED TO THE INDIANA
426+14 CODE AS A NEW SECTION TO READ AS FOLLOWS
427+15 [EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Compensation" means any
428+16 money, thing of value, or economic benefit conferred on, or
429+17 received by, a person in return for services rendered, or for
430+18 services to be rendered, whether by that person or another person.
431+19 SECTION 13. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
432+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
433+21 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
434+22 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
435+23 SECTION 14. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
436+24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
437+25 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
438+26 charges assessed by a towing company shall be made available to the
439+27 owner of the motor vehicle or the owner's agent not later than one (1)
440+28 business day after:
441+29 (1) the tow is completed; or
442+30 (2) the towing company has obtained all necessary information to
443+31 be included on the invoice, including any charges submitted by
444+32 subcontractors used by the towing company to complete the tow
445+33 and recovery.
446+34 (b) The itemized invoice required by this section must contain the
447+35 following information:
448+36 (1) The location from which the motor vehicle was towed.
449+37 (2) The location to which the motor vehicle was towed.
450+38 (3) The name, address, and telephone number of the towing
451+39 company.
452+40 (4) A description of the towed motor vehicle, including the:
453+41 (A) make;
454+42 (B) model;
461455 ES 73—LS 6399/DI 151 11
462-1 invitation or permission, in writing or otherwise.
463-2 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
464-3 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
465-4 1692(a)(6). The term does not include a person admitted to the
466-5 practice of law in Indiana if the person is acting within the course
467-6 and scope of the person's practice as an attorney. The term
468-7 includes a debt buyer (as defined in IC 24-5-15.5).
469-8 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
470-9 (1) "Directory assistance" means the disclosure of telephone
471-10 number information in connection with an identified telephone
472-11 service subscriber by means of a live operator or automated
473-12 service.
474-13 (2) "Local telephone directory" refers to a telephone classified
475-14 advertising directory or the business section of a telephone
476-15 directory that is distributed by a telephone company or directory
477-16 publisher to subscribers located in the local exchanges contained
478-17 in the directory. The term includes a directory that includes
479-18 listings of more than one (1) telephone company.
480-19 (3) "Local telephone number" refers to a telephone number that
481-20 has the three (3) number prefix used by the provider of telephone
482-21 service for telephones physically located within the area covered
483-22 by the local telephone directory in which the number is listed. The
484-23 term does not include long distance numbers or 800-, 888-, or
485-24 900- exchange numbers listed in a local telephone directory.
486-25 SECTION 13. IC 24-14-2-5, AS ADDED BY P.L.281-2019,
487-26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
488-27 JULY 1, 2025]: Sec. 5. "Emergency towing" means the towing and
489-28 storage of a motor vehicle, with or without the owner's consent,
490-29 because of:
491-30 (1) a motor vehicle accident on a public street, road, or highway;
492-31 or
493-32 (2) an incident:
494-33 (A) related to an emergency; and
495-34 (B) necessitating the removal of the motor vehicle from a
496-35 location for public safety reasons.
497-36 SECTION 14. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
498-37 CODE AS A NEW SECTION TO READ AS FOLLOWS
499-38 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
500-39 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
501-40 SECTION 15. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
502-41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
503-42 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
456+1 (C) year; and
457+2 (D) vehicle identification number;
458+3 of the motor vehicle.
459+4 (5) The license plate number and state of registration for the
460+5 towed motor vehicle.
461+6 (6) The cost of the original towing service.
462+7 (7) The cost of any vehicle storage fees, expressed as a daily rate.
463+8 (8) Other fees, including documentation fees and motor vehicle
464+9 search fees. Each fee must include a full description of the
465+10 services that were provided.
466+11 (9) The costs for services that were performed under a warranty
467+12 or that were otherwise performed at no cost to the owner of the
468+13 motor vehicle.
469+14 (10) An attestation that all items invoiced were used and
470+15 necessary in the ordinary course of business.
471+16 (11) The time that each invoiced item was used and the
472+17 location.
473+18 (12) The number of miles the vehicle was towed.
474+19 (c) Any service or fee in addition to the services or fees described
475+20 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
476+21 a single line item on the invoice required by this section, with an
477+22 explanation and the exact charge for the service or the exact amount of
478+23 the fee.
479+24 (d) A copy of each invoice and receipt submitted by a tow truck
480+25 operator in accordance with this section shall:
481+26 (1) be retained by the towing company for a period of two (2)
482+27 years from the date of issuance; and
483+28 (2) throughout the two (2) year period described in subdivision
484+29 (1), be made available for inspection and copying not later than
485+30 forty-eight (48) hours after receiving a written request for
486+31 inspection from:
487+32 (A) a law enforcement agency;
488+33 (B) the attorney general;
489+34 (C) the prosecuting attorney or city attorney having
490+35 jurisdiction in the location of any of the towing company's
491+36 Indiana business locations;
492+37 (D) the disabled motor vehicle's owner; or
493+38 (E) the agent of the disabled motor vehicle's owner.
494+39 SECTION 15. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
495+40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
496+41 1, 2025]: Sec. 2. A towing company may charge fees for emergency
497+42 towing and private property towing as follows:
504498 ES 73—LS 6399/DI 151 12
505-1 charges assessed by a towing company shall be made available to the
506-2 owner of the motor vehicle or the owner's agent not later than one (1)
507-3 business day after:
508-4 (1) the tow is completed; or
509-5 (2) the towing company has obtained all necessary information to
510-6 be included on the invoice, including any charges submitted by
511-7 subcontractors used by the towing company to complete the tow
512-8 and recovery.
513-9 (b) The itemized invoice required by this section must contain the
514-10 following information:
515-11 (1) The location from which the motor vehicle was towed.
516-12 (2) The location to which the motor vehicle was towed.
517-13 (3) The name, address, and telephone number of the towing
518-14 company.
519-15 (4) A description of the towed motor vehicle, including the:
520-16 (A) make;
521-17 (B) model;
522-18 (C) year; and
523-19 (D) vehicle identification number;
524-20 of the motor vehicle.
525-21 (5) The license plate number and state of registration for the
526-22 towed motor vehicle.
527-23 (6) The cost of the original towing service.
528-24 (7) The cost of any vehicle storage fees, expressed as a daily rate.
529-25 (8) Other fees, including documentation fees and motor vehicle
530-26 search fees. Each fee must include a full description of the
531-27 services that were provided.
532-28 (9) The costs for services that were performed under a warranty
533-29 or that were otherwise performed at no cost to the owner of the
534-30 motor vehicle.
535-31 (10) An attestation that all items invoiced were used and
536-32 necessary in the ordinary course of business.
537-33 (11) A good faith estimate of the time that each invoiced item
538-34 was used and the location.
539-35 (12) The number of miles the vehicle was towed.
540-36 (c) Any service or fee in addition to the services or fees described
541-37 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
542-38 a single line item on the invoice required by this section, with an
543-39 explanation and the exact charge for the service or the exact amount of
544-40 the fee.
545-41 (d) A copy of each invoice and receipt submitted by a tow truck
546-42 operator in accordance with this section shall:
499+1 (1) If the towing service is an emergency towing requested by
500+2 the state police department and the towing company has filed
501+3 its rates to be part of the state police department's towing
502+4 rotation, at the rate agreed to by the towing company and the
503+5 state police department.
504+6 (2) If the towing service is an emergency towing requested by
505+7 a local law enforcement agency and the local law enforcement
506+8 agency has set rates, at the rate of the local law enforcement
507+9 agency or at the rate provided to the local law enforcement
508+10 agency.
509+11 (3) If the towing service is an emergency towing requested by
510+12 a local law enforcement agency and the local law enforcement
511+13 agency does not have set rates or rates provided to the local
512+14 law enforcement agency, at the following rates:
513+15 (A) The rate the towing company provides to the state
514+16 police department district in which the tow occurs.
515+17 (B) If the towing company does not have rates filed with
516+18 the state police department district in which the tow
517+19 occurs, then a rate that is not more than the state police
518+20 department district's towing and storage agreements.
519+21 (4) If the towing service is a private property towing
520+22 requested by a property owner that does not have a towing
521+23 agreement with the towing company, at the rate applicable
522+24 under subdivision (2) or (3).
523+25 (5) If the towing service is a private property towing
524+26 requested by a property owner that has a towing agreement
525+27 with the towing company, at the rate applicable in the towing
526+28 agreement.
527+29 SECTION 16. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
528+30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
529+31 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
530+32 of the following:
531+33 (1) A truck (as defined in IC 9-13-2-188).
532+34 (2) A trailer (as defined in IC 9-13-2-184).
533+35 (3) Cargo.
534+36 (b) A person may file a complaint with the attorney general
535+37 alleging a violation of this article under IC 24-14-10-1 if the
536+38 person:
537+39 (1) owns or holds a lien on property held at a towing company
538+40 or storage facility; and
539+41 (2) believes the charges relating to a tow or the storage of the
540+42 property are unreasonable.
547541 ES 73—LS 6399/DI 151 13
548-1 (1) be retained by the towing company for a period of two (2)
549-2 years from the date of issuance; and
550-3 (2) throughout the two (2) year period described in subdivision
551-4 (1), be made available for inspection and copying not later than
552-5 forty-eight (48) hours after receiving a written request for
553-6 inspection from:
554-7 (A) a law enforcement agency;
555-8 (B) the attorney general;
556-9 (C) the prosecuting attorney or city attorney having
557-10 jurisdiction in the location of any of the towing company's
558-11 Indiana business locations;
559-12 (D) the disabled motor vehicle's owner; or
560-13 (E) the agent of the disabled motor vehicle's owner.
561-14 SECTION 16. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
562-15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
563-16 1, 2025]: Sec. 2. A towing company may charge fees for emergency
564-17 towing and private property towing as follows:
565-18 (1) If the towing service is an emergency towing requested by
566-19 the state police department and the towing company has filed
567-20 its rates to be part of the state police department's towing
568-21 rotation, at the rate agreed to by the towing company and the
569-22 state police department.
570-23 (2) If the towing service is an emergency towing requested by
571-24 a local law enforcement agency and the local law enforcement
572-25 agency has set rates, at the rate of the local law enforcement
573-26 agency or at the rate provided to the local law enforcement
574-27 agency.
575-28 (3) If the towing service is an emergency towing requested by
576-29 a local law enforcement agency and the local law enforcement
577-30 agency does not have set rates or rates provided to the local
578-31 law enforcement agency, at the following rates:
579-32 (A) The rate the towing company provides to the state
580-33 police department district in which the tow occurs.
581-34 (B) If the towing company does not have rates filed with
582-35 the state police department district in which the tow
583-36 occurs, then a rate that is not more than the state police
584-37 department district's towing and storage agreements.
585-38 (4) If the towing service is a private property towing
586-39 requested by a property owner that does not have a towing
587-40 agreement with the towing company, at the rate applicable
588-41 under subdivision (2) or (3).
589-42 (5) If the towing service is a private property towing
542+1 (c) Not later than twenty-four (24) hours after receipt of:
543+2 (1) sixty percent (60%) of the amount charged;
544+3 (2) proof of a bond obtained by the owner for the remaining
545+4 forty percent (40%) of the amount of the invoice; and
546+5 (3) a copy of a complaint filed with the attorney general
547+6 alleging a violation of this article under IC 24-14-10-1;
548+7 a towing company or storage facility shall release all property to
549+8 a properly identified person who owns or holds a lien on the
550+9 property.
551+10 SECTION 17. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
552+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
553+12 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
554+13 facility shall furnish a copy of the invoice described in IC 24-14-5 and
555+14 all supporting documentation, including payroll records and copies
556+15 of invoices from third parties that are included on the invoice, to a
557+16 local law enforcement agency or the office of the attorney general.
558+17 SECTION 18. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
559+18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
560+19 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
561+20 following:
562+21 (1) Falsely represent, either expressly or by implication, that the
563+22 towing company represents or is approved by any organization
564+23 that provides emergency road service for disabled motor vehicles.
565+24 (2) Require the owner or operator of a disabled motor vehicle to
566+25 preauthorize:
567+26 (A) repair work; or
568+27 (B) more than twenty-four (24) hours of storage;
569+28 as a condition for providing towing service for the disabled motor
570+29 vehicle.
571+30 (3) Charge more than one (1) towing fee when the owner or
572+31 operator of a disabled motor vehicle requests that the disabled
573+32 motor vehicle be towed to a repair facility owned or operated by
574+33 the towing company.
575+34 (4) Tow a motor vehicle to a repair facility unless:
576+35 (A) either:
577+36 (i) the owner of the motor vehicle; or
578+37 (ii) the owner's designated representative;
579+38 gives consent for the motor vehicle to be towed to the repair
580+39 facility; and
581+40 (B) the consent described in clause (A) is given before the
582+41 motor vehicle is removed from the location from which it is to
583+42 be towed.
590584 ES 73—LS 6399/DI 151 14
591-1 requested by a property owner that has a towing agreement
592-2 with the towing company, at the rate applicable in the towing
593-3 agreement.
594-4 A towing company with a towing agreement that uses the services
595-5 of another towing company to respond to an emergency towing
596-6 may not charge a rate for the other towing company's services that
597-7 is greater than the rate provided in the towing agreement.
598-8 SECTION 17. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
599-9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
600-10 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
601-11 of the following:
602-12 (1) A truck (as defined in IC 9-13-2-188).
603-13 (2) A trailer (as defined in IC 9-13-2-184).
604-14 (3) Cargo.
605-15 (b) A person may file a complaint with the attorney general
606-16 alleging a violation of this article under IC 24-14-10-1 if the
607-17 person:
608-18 (1) owns or holds a lien on property held at a towing company
609-19 or storage facility; and
610-20 (2) believes the charges relating to a tow or the storage of the
611-21 property are unreasonable.
612-22 (c) Not later than twenty-four (24) hours after receipt of:
613-23 (1) seventy-five percent (75%) of the amount charged;
614-24 (2) proof of a bond obtained by the owner for the remaining
615-25 twenty-five percent (25%) of the amount of the invoice; and
616-26 (3) a copy of a complaint filed with the attorney general
617-27 alleging a violation of this article under IC 24-14-10-1;
618-28 a towing company or storage facility shall release all property to
619-29 a properly identified person who owns or holds a lien on the
620-30 property.
621-31 SECTION 18. IC 24-14-8-1, AS ADDED BY P.L.281-2019,
622-32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
623-33 JULY 1, 2025]: Sec. 1. A towing company or storage facility shall
624-34 charge a fee for towing, clean-up services, or storage of a motor vehicle
625-35 that is reasonable and may not exceed the storage rates allowed
626-36 under IC 9-22-1-4.
627-37 SECTION 19. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
628-38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
629-39 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
630-40 facility shall furnish a copy of the invoice described in IC 24-14-5 and
631-41 all supporting documentation, including payroll records and copies
632-42 of invoices from third parties that are included on the invoice, to a
585+1 The prohibition set forth in this subdivision does not apply in any
586+2 case in which a towing company tows a motor vehicle to a storage
587+3 facility that includes a repair facility on the same site.
588+4 (5) Offer or provide compensation to a person for a towing
589+5 referral unless the person and towing company have a prior
590+6 contract.
591+7 SECTION 19. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
592+8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593+9 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
594+10 do any of the following:
595+11 (1) Upon payment of all costs relating to a tow, motor vehicle
596+12 storage, and all allowable fees, as applicable, refuse to release the
597+13 motor vehicle during regular office hours to a properly identified
598+14 person who owns or holds a lien on the motor vehicle in
599+15 accordance with the procedures and subject to the same
600+16 requirements set forth in IC 9-22-1-8 with respect to abandoned
601+17 motor vehicles. However, a towing company or storage facility
602+18 shall not release a motor vehicle in any case in which a local law
603+19 enforcement agency has ordered the motor vehicle not to be
604+20 released, or in any case in which the motor vehicle cannot be
605+21 released because of pending litigation.
606+22 (2) Refuse to permit:
607+23 (A) a properly identified person who owns or holds a lien on
608+24 a motor vehicle; or
609+25 (B) a representative of the insurance company that insures the
610+26 motor vehicle, if the vehicle is covered by an active policy of
611+27 insurance;
612+28 to inspect the motor vehicle during regular office hours before all
613+29 costs incurred against the motor vehicle are paid or the motor
614+30 vehicle is released. An inspection fee may not be charged for an
615+31 inspection that occurs during regular office hours.
616+32 (3) Charge any storage fee for a stored motor vehicle with respect
617+33 to any day on which:
618+34 (A) release of the motor vehicle; or
619+35 (B) inspection of the motor vehicle by the owner, lienholder,
620+36 or insurance company;
621+37 is not permitted during regular office hours by the towing
622+38 company or storage facility.
623+39 (4) Offer to provide compensation to a person for a referral
624+40 unless the person and the towing company or storage facility
625+41 have an executed contract in place.
626+42 (5) Charge more than the fees that are included in a towing
633627 ES 73—LS 6399/DI 151 15
634-1 local law enforcement agency or the office of the attorney general.
635-2 SECTION 20. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
636-3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
637-4 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
638-5 do any of the following:
639-6 (1) Upon payment of all costs relating to a tow, motor vehicle
640-7 storage, and all allowable fees, as applicable, refuse to release the
641-8 motor vehicle during regular office hours to a properly identified
642-9 person who owns or holds a lien on the motor vehicle in
643-10 accordance with the procedures and subject to the same
644-11 requirements set forth in IC 9-22-1-8 with respect to abandoned
645-12 motor vehicles. However, a towing company or storage facility
646-13 shall not release a motor vehicle in any case in which a local law
647-14 enforcement agency has ordered the motor vehicle not to be
648-15 released, or in any case in which the motor vehicle cannot be
649-16 released because of pending litigation.
650-17 (2) Refuse to permit:
651-18 (A) a properly identified person who owns or holds a lien on
652-19 a motor vehicle; or
653-20 (B) a representative of the insurance company that insures the
654-21 motor vehicle, if the vehicle is covered by an active policy of
655-22 insurance;
656-23 to inspect the motor vehicle during regular office hours before all
657-24 costs incurred against the motor vehicle are paid or the motor
658-25 vehicle is released. An inspection fee may not be charged for an
659-26 A retrieval fee may be charged if it complies with the
660-27 requirements of IC 9-22-1-8. inspection that occurs during
661-28 regular office hours.
662-29 (3) Charge any storage fee for a stored motor vehicle with respect
663-30 to any day on which:
664-31 (A) release of the motor vehicle; or
665-32 (B) inspection of the motor vehicle by the owner, lienholder,
666-33 or insurance company;
667-34 is not permitted during regular office hours by the towing
668-35 company or storage facility.
669-36 (4) Charge more than the fees that are included in a towing
670-37 agreement or contract with the law enforcement agency that
671-38 ordered the tow or the contract with the private property
672-39 owner that ordered the tow under IC 9-22-1.
673-40 SECTION 21. An emergency is declared for this act.
628+1 agreement or contract with the law enforcement agency that
629+2 ordered the tow or the contract with the private property
630+3 owner that ordered the tow under IC 9-22-1.
631+4 SECTION 20. An emergency is declared for this act.
674632 ES 73—LS 6399/DI 151 16
675633 COMMITTEE REPORT
676634 Mr. President: The Senate Committee on Homeland Security and
677635 Transportation, to which was referred Senate Bill No. 73, has had the
678636 same under consideration and begs leave to report the same back to the
679637 Senate with the recommendation that said bill be AMENDED as
680638 follows:
681639 Page 1, delete lines 1 through 17, begin a new paragraph and insert:
682640 "SECTION 1. IC 9-13-2-105, AS AMENDED BY P.L.120-2020,
683641 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
684642 JULY 1, 2025]: Sec. 105. (a) "Motor vehicle" means, except as
685643 otherwise provided in this section, a vehicle that is self-propelled. The
686644 term does not include a farm tractor, an implement of agriculture
687645 designed to be operated primarily in a farm field or on farm premises,
688646 an electric bicycle, an electric foot scooter, or an electric personal
689647 assistive mobility device.
690648 (b) "Motor vehicle", for purposes of IC 9-21, means:
691649 (1) a vehicle that is self-propelled; or
692650 (2) a vehicle that is propelled by electric power obtained from
693651 overhead trolley wires, but not operated upon rails.
694652 The term does not include an electric foot scooter.
695653 (c) "Motor vehicle", for purposes of IC 9-32, IC 9-32-1 through
696654 IC 9-32-11, IC 9-32-13-25, IC 9-32-13-26, IC 9-32-14, and
697655 IC 9-32-16 through IC 9-32-18, includes a semitrailer, a trailer, an
698656 off-road vehicle, a snowmobile, a mini-truck, a manufactured home, or
699657 a recreational vehicle. The term does not include an electric foot
700658 scooter.
701659 (d) "Motor vehicle", for purposes of IC 9-32-13 (except
702660 IC 9-32-13-25 and IC 9-32-13-26) and IC 9-32-15, includes a
703661 semitrailer, an off-road vehicle, a snowmobile, a mini-truck, a
704662 manufactured home, or a recreational vehicle. The term does not
705663 include:
706664 (1) an electric foot scooter; or
707665 (2) a trailer that is:
708666 (A) without motive power;
709667 (B) designed for carrying property; and
710668 (C) designed for being drawn by a motor vehicle.
711669 SECTION 2. IC 9-13-2-184, AS AMENDED BY P.L.125-2012,
712670 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
713671 JULY 1, 2025]: Sec. 184. (a) "Trailer" means, except as otherwise
714672 provided in this section, a vehicle:
715673 (1) without motive power;
716674 (2) designed for carrying persons or property;
717675 ES 73—LS 6399/DI 151 17
718676 (3) designed for being drawn by a motor vehicle; and
719677 (4) so constructed that no part of the weight of the trailer rests
720678 upon the towing vehicle.
721679 The term includes pole trailers and two (2) wheeled homemade trailers.
722680 (b) "Trailer", for purposes of IC 9-21, means a vehicle:
723681 (1) with or without motive power;
724682 (2) designed for carrying persons or property;
725683 (3) designed for being drawn by a motor vehicle; and
726684 (4) so constructed that no part of the weight of the trailer rests
727685 upon the towing vehicle.
728686 The term does not include pole trailers or special machinery.
729687 (c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
730688 means the combination of any motor vehicle towing another vehicle or
731689 trailer.
732690 (d) "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5,
733691 has the meaning set forth in IC 9-32-2.1-39.5.
734692 SECTION 3. IC 9-32-2.1-39.5 IS ADDED TO THE INDIANA
735693 CODE AS A NEW SECTION TO READ AS FOLLOWS
736694 [EFFECTIVE JULY 1, 2025]: Sec. 39.5. "Trailer", for purposes of
737695 IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle:
738696 (1) without motive power;
739697 (2) designed for carrying property; and
740698 (3) designed for being drawn by a motor vehicle.".
741699 Page 2, delete lines 1 through 5.
742700 Page 2, line 9, delete "trailers." and insert "trailers unless the
743701 dealer is required to be licensed under IC 9-32-11-1 for any other
744702 purpose.".
745703 Renumber all SECTIONS consecutively.
746704 and when so amended that said bill do pass.
747705 (Reference is to SB 73 as introduced.)
748706 CRIDER, Chairperson
749707 Committee Vote: Yeas 8, Nays 0.
750708 _____
751709 COMMITTEE REPORT
752710 Mr. Speaker: Your Committee on Roads and Transportation, to
753711 which was referred Senate Bill 73, has had the same under
754712 consideration and begs leave to report the same back to the House with
755713 ES 73—LS 6399/DI 151 18
756714 the recommendation that said bill be amended as follows:
757715 Page 1, between the enacting clause and line 1, begin a new
758716 paragraph and insert:
759717 "SECTION 1. IC 5-2-26.1 IS ADDED TO THE INDIANA CODE
760718 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
761719 JULY 1, 2025]:
762720 Chapter 26.1. Towing Rotation Requirements
763721 Sec. 1. The definitions in IC 24-14-2 apply throughout this
764722 chapter.
765723 Sec. 2. A law enforcement agency shall do at least one (1) of the
766724 following for emergency towing:
767725 (1) Establish a written policy for towing rotations.
768726 (2) Enter into a contract.
769727 Sec. 3. (a) This section applies to:
770728 (1) a written policy established after June 30, 2025; and
771729 (2) a contract entered into, amended, or renewed after June
772730 30, 2025.
773731 (b) A written policy or contract required under section 2 of this
774732 chapter must include the following, as applicable:
775733 (1) The length of time of the contract between the towing
776734 company and the law enforcement agency, including renewal
777735 periods.
778736 (2) Rates for all services, including standby rates.
779737 (3) Rates for storage and the timing for when storage charges
780738 begin.
781739 (4) The allowable administrative fee for each service and
782740 when the fee is applicable.
783741 (5) Truck and equipment requirements.
784742 (6) Availability of a towing company to respond to calls.
785743 (7) Response time requirements.
786744 (8) Storage lot requirements.
787745 (9) Availability for the owner to pick up the vehicle, including
788746 after hours.
789747 (10) Access to personal belongings in a vehicle that is in
790748 storage.
791749 (11) Markup percentages for items or services provided by
792750 third parties.
793751 (12) A provision that allows the law enforcement agency to
794752 suspend or remove a towing company that violates the written
795753 policy.
796754 (13) A prohibition on charging fees that are not listed under
797755 the written policy or contract.
798756 ES 73—LS 6399/DI 151 19
799757 Sec. 4. A law enforcement agency may not use a towing
800758 company that charges unreasonable fees as part of its towing
801759 rotation. A law enforcement agency must perform a periodic
802760 review of a towing company's rates for reasonableness.
803761 Sec. 5. A contract required under section 2 of this chapter may
804762 not include a minimum number of hours for a towing service to be
805763 invoiced.
806764 Sec. 6. A law enforcement agency may select a towing company
807765 outside of its towing rotation if an emergency situation requires the
808766 use of a towing company with certain equipment or capacity to
809767 adequately respond to the emergency situation.".
810768 Page 2, between lines 34 and 35, begin a new paragraph and insert:
811769 "SECTION 4. IC 9-22-1-8, AS AMENDED BY P.L.281-2019,
812770 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
813771 JULY 1, 2025]: Sec. 8. (a) Subject to subsection (b), If the properly
814772 identified person who owns or holds a lien on a vehicle appears at the
815773 site of storage before disposal of the vehicle or parts and pays all costs
816774 relating to a tow, the storage of the vehicle, and all allowable fees, as
817775 applicable, the vehicle or parts shall be released.
818776 (b) A towing service or storage yard may not charge an inspection
819777 fee to an owner, a lienholder, or an insurance company representative
820778 to inspect a vehicle or retrieve items from the vehicle. A fee under this
821779 subsection must be refunded if the costs relating to a tow, the storage
822780 of the vehicle, and all allowable fees, as applicable, are paid under
823781 subsection (a).
824782 (c) A towing service or storage yard must accept payment made by
825783 any of the following means from a person seeking to release a vehicle
826784 under this section:
827785 (1) Cash.
828786 (2) Certified check.
829787 (3) Insurance check.
830788 (4) Money order.
831789 A towing service or storage facility may elect to accept payment by
832790 means of a credit card or debit card.
833791 (d) Upon receiving payment of all costs relating to a tow, the storage
834792 of a vehicle, and all allowable fees, as applicable, a towing service or
835793 storage yard shall provide to the person making payment an itemized
836794 receipt that includes the information set forth in IC 24-14-5, to the
837795 extent the information is known or available.
838796 (e) A towing service or storage yard must be open for business and
839797 accessible by telephone during regular office hours. A towing service
840798 or storage yard must provide a telephone number that is available on a
841799 ES 73—LS 6399/DI 151 20
842800 twenty-four (24) hour basis to receive calls and messages from callers,
843801 including calls made outside of regular office hours. All calls made to
844802 a towing service or storage yard must be returned within twenty-four
845803 (24) hours from the time received. However, if adverse weather, an act
846804 of God, or an emergency situation over which the towing service or
847805 storage yard has no control prevents the towing service or storage yard
848806 from returning calls within twenty-four (24) hours, the towing service
849807 or storage yard shall return all calls received as quickly as possible.
850808 (f) A towing service or storage yard shall, if required, notify the
851809 appropriate public agency of all releases under this section. The
852810 notification must include:
853811 (1) the name and address of:
854812 (A) the person that owns or holds a lien on the vehicle; and
855813 (B) the insurance company that insures the vehicle, if the
856814 vehicle was released to a representative of the insurance
857815 company;
858816 (2) the signature of the individual to whom the vehicle was
859817 released;
860818 (3) a description of the vehicle or parts;
861819 (4) costs paid; and
862820 (5) the date of release.
863821 (g) A towing company shall release property to an owner or an
864822 owner's designee not later than twenty-four (24) hours after the
865823 towing company's receipt of:
866824 (1) payment of sixty percent (60%) of the amount of the
867825 invoice;
868826 (2) proof of a bond obtained by the owner for the remaining
869827 forty percent (40%) of the amount of the invoice; and
870828 (3) a copy of a complaint filed with the attorney general
871829 alleging a violation of IC 24-14 under IC 24-14-10-1.
872830 (h) A bond required under subsection (g) must be payable to the
873831 towing company not later than thirty (30) days after the date of the
874832 bond's issuance, unless a civil complaint is filed in the appropriate
875833 jurisdiction by the towing company or the owner. If a civil
876834 complaint is filed, the court shall determine the outcome of the
877835 bond's payment.".
878836 Page 3, after line 19, begin a new paragraph and insert:
879837 "SECTION 8. IC 10-11-2-35.4 IS ADDED TO THE INDIANA
880838 CODE AS A NEW SECTION TO READ AS FOLLOWS
881839 [EFFECTIVE JULY 1, 2025]: Sec. 35.4. The state police department
882840 shall review its rate sheet for towing service not less than one (1)
883841 time per calendar year.
884842 ES 73—LS 6399/DI 151 21
885843 SECTION 9. IC 10-11-2-35.6 IS ADDED TO THE INDIANA
886844 CODE AS A NEW SECTION TO READ AS FOLLOWS
887845 [EFFECTIVE JULY 1, 2025]: Sec. 35.6. The state police department
888846 may perform an audit of a towing company's truck and equipment
889847 inventory before adding the towing company to the state police
890848 department's towing rotation.
891849 SECTION 10. IC 24-4-26 IS ADDED TO THE INDIANA CODE
892850 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
893851 UPON PASSAGE]:
894852 Chapter 26. Advertising of Illegal Products
895853 Sec. 1. This chapter does not apply to the advertisement of a:
896854 (1) product containing marijuana; or
897855 (2) controlled substance listed in schedule I of IC 35-48-2;
898856 pursuant to a contract that was entered into or renewed before the
899857 effective date of this chapter as enacted by the 2025 general
900858 assembly.
901859 Sec. 2. As used in this chapter, "marijuana" has the meaning set
902860 forth in IC 35-48-1-19.
903861 Sec. 3. As used in this chapter, "person" means:
904862 (1) an individual;
905863 (2) a proprietorship;
906864 (3) a partnership;
907865 (4) a firm;
908866 (5) an association;
909867 (6) a corporation;
910868 (7) a limited liability company; or
911869 (8) another legal entity.
912870 Sec. 4. A person may not advertise a:
913871 (1) product containing marijuana; or
914872 (2) controlled substance listed in schedule I of IC 35-48-2;
915873 by any medium.
916874 Sec. 5. (a) The attorney general may bring an action under this
917875 chapter to obtain any or all of the following against a person that
918876 violates this chapter:
919877 (1) An injunction to enjoin future violations of this chapter.
920878 (2) The following civil penalties:
921879 (A) Not more than five thousand dollars ($5,000) for the
922880 first violation.
923881 (B) Not more than ten thousand dollars ($10,000) for a
924882 second violation.
925883 (C) Not more than fifteen thousand dollars ($15,000) for
926884 each additional violation.
927885 ES 73—LS 6399/DI 151 22
928886 (3) The attorney general's reasonable costs in:
929887 (A) the investigation of the violations under this chapter;
930888 and
931889 (B) maintaining the action.
932890 (b) All civil penalties collected under this chapter shall be
933891 deposited in the state general fund.
934892 SECTION 11. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
935893 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
936894 JULY 1, 2025]: Sec. 2. (a) As used in this chapter:
937895 (1) "Consumer transaction" means a sale, lease, assignment,
938896 award by chance, or other disposition of an item of personal
939897 property, real property, a service, or an intangible, except
940898 securities and policies or contracts of insurance issued by
941899 corporations authorized to transact an insurance business under
942900 the laws of the state of Indiana, with or without an extension of
943901 credit, to a person for purposes that are primarily personal,
944902 familial, charitable, agricultural, or household, or a solicitation to
945903 supply any of these things. However, the term includes the
946904 following:
947905 (A) A transfer of structured settlement payment rights under
948906 IC 34-50-2.
949907 (B) An unsolicited advertisement sent to a person by telephone
950908 facsimile machine offering a sale, lease, assignment, award by
951909 chance, or other disposition of an item of personal property,
952910 real property, a service, or an intangible.
953911 (C) The collection of or attempt to collect a debt by a debt
954912 collector.
955913 (D) Conduct that arises from, occurs in connection with, or
956914 otherwise involves a transaction for emergency towing (as
957915 defined in IC 24-14-2-5) of a personal or commercial
958916 vehicle.
959917 (2) "Person" means an individual, corporation, the state of Indiana
960918 or its subdivisions or agencies, business trust, estate, trust,
961919 partnership, association, nonprofit corporation or organization, or
962920 cooperative or any other legal entity.
963921 (3) "Supplier" means the following:
964922 (A) A seller, lessor, assignor, or other person who regularly
965923 engages in or solicits consumer transactions, including
966924 soliciting a consumer transaction by using a telephone
967925 facsimile machine to transmit an unsolicited advertisement.
968926 The term includes a manufacturer, wholesaler, or retailer,
969927 whether or not the person deals directly with the consumer.
970928 ES 73—LS 6399/DI 151 23
971929 (B) A debt collector.
972930 (4) "Subject of a consumer transaction" means the personal
973931 property, real property, services, or intangibles offered or
974932 furnished in a consumer transaction.
975933 (5) "Cure" as applied to a deceptive act, means either:
976934 (A) to offer in writing to adjust or modify the consumer
977935 transaction to which the act relates to conform to the
978936 reasonable expectations of the consumer generated by such
979937 deceptive act and to perform such offer if accepted by the
980938 consumer; or
981939 (B) to offer in writing to rescind such consumer transaction
982940 and to perform such offer if accepted by the consumer.
983941 The term includes an offer in writing of one (1) or more items of
984942 value, including monetary compensation, that the supplier
985943 delivers to a consumer or a representative of the consumer if
986944 accepted by the consumer.
987945 (6) "Offer to cure" as applied to a deceptive act is a cure that:
988946 (A) is reasonably calculated to remedy a loss claimed by the
989947 consumer; and
990948 (B) includes a minimum additional amount that is the greater
991949 of:
992950 (i) ten percent (10%) of the value of the remedy under
993951 clause (A), but not more than four thousand dollars
994952 ($4,000); or
995953 (ii) five hundred dollars ($500);
996954 as compensation for attorney's fees, expenses, and other costs
997955 that a consumer may incur in relation to the deceptive act.
998956 (7) "Uncured deceptive act" means a deceptive act:
999957 (A) with respect to which a consumer who has been damaged
1000958 by such act has given notice to the supplier under section 5(a)
1001959 of this chapter; and
1002960 (B) either:
1003961 (i) no offer to cure has been made to such consumer within
1004962 thirty (30) days after such notice; or
1005963 (ii) the act has not been cured as to such consumer within a
1006964 reasonable time after the consumer's acceptance of the offer
1007965 to cure.
1008966 (8) "Incurable deceptive act" means a deceptive act done by a
1009967 supplier as part of a scheme, artifice, or device with intent to
1010968 defraud or mislead. The term includes a failure of a transferee of
1011969 structured settlement payment rights to timely provide a true and
1012970 complete disclosure statement to a payee as provided under
1013971 ES 73—LS 6399/DI 151 24
1014972 IC 34-50-2 in connection with a direct or indirect transfer of
1015973 structured settlement payment rights.
1016974 (9) "Senior consumer" means an individual who is at least sixty
1017975 (60) years of age.
1018976 (10) "Telephone facsimile machine" means equipment that has
1019977 the capacity to transcribe text or images, or both, from:
1020978 (A) paper into an electronic signal and to transmit that signal
1021979 over a regular telephone line; or
1022980 (B) an electronic signal received over a regular telephone line
1023981 onto paper.
1024982 (11) "Unsolicited advertisement" means material advertising the
1025983 commercial availability or quality of:
1026984 (A) property;
1027985 (B) goods; or
1028986 (C) services;
1029987 that is transmitted to a person without the person's prior express
1030988 invitation or permission, in writing or otherwise.
1031989 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
1032990 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
1033991 1692(a)(6). The term does not include a person admitted to the
1034992 practice of law in Indiana if the person is acting within the course
1035993 and scope of the person's practice as an attorney. The term
1036994 includes a debt buyer (as defined in IC 24-5-15.5).
1037995 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
1038996 (1) "Directory assistance" means the disclosure of telephone
1039997 number information in connection with an identified telephone
1040998 service subscriber by means of a live operator or automated
1041999 service.
10421000 (2) "Local telephone directory" refers to a telephone classified
10431001 advertising directory or the business section of a telephone
10441002 directory that is distributed by a telephone company or directory
10451003 publisher to subscribers located in the local exchanges contained
10461004 in the directory. The term includes a directory that includes
10471005 listings of more than one (1) telephone company.
10481006 (3) "Local telephone number" refers to a telephone number that
10491007 has the three (3) number prefix used by the provider of telephone
10501008 service for telephones physically located within the area covered
10511009 by the local telephone directory in which the number is listed. The
10521010 term does not include long distance numbers or 800-, 888-, or
10531011 900- exchange numbers listed in a local telephone directory.
10541012 SECTION 12. IC 24-14-2-3.8 IS ADDED TO THE INDIANA
10551013 CODE AS A NEW SECTION TO READ AS FOLLOWS
10561014 ES 73—LS 6399/DI 151 25
10571015 [EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Compensation" means any
10581016 money, thing of value, or economic benefit conferred on, or
10591017 received by, a person in return for services rendered, or for
10601018 services to be rendered, whether by that person or another person.
10611019 SECTION 13. IC 24-14-2-12.3 IS ADDED TO THE INDIANA
10621020 CODE AS A NEW SECTION TO READ AS FOLLOWS
10631021 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. "Property", for purposes of
10641022 IC 24-14-7, has the meaning set forth in IC 24-14-7-3.
10651023 SECTION 14. IC 24-14-5-1, AS ADDED BY P.L.281-2019,
10661024 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10671025 JULY 1, 2025]: Sec. 1. (a) An itemized invoice of actual towing
10681026 charges assessed by a towing company shall be made available to the
10691027 owner of the motor vehicle or the owner's agent not later than one (1)
10701028 business day after:
10711029 (1) the tow is completed; or
10721030 (2) the towing company has obtained all necessary information to
10731031 be included on the invoice, including any charges submitted by
10741032 subcontractors used by the towing company to complete the tow
10751033 and recovery.
10761034 (b) The itemized invoice required by this section must contain the
10771035 following information:
10781036 (1) The location from which the motor vehicle was towed.
10791037 (2) The location to which the motor vehicle was towed.
10801038 (3) The name, address, and telephone number of the towing
10811039 company.
10821040 (4) A description of the towed motor vehicle, including the:
10831041 (A) make;
10841042 (B) model;
10851043 (C) year; and
10861044 (D) vehicle identification number;
10871045 of the motor vehicle.
10881046 (5) The license plate number and state of registration for the
10891047 towed motor vehicle.
10901048 (6) The cost of the original towing service.
10911049 (7) The cost of any vehicle storage fees, expressed as a daily rate.
10921050 (8) Other fees, including documentation fees and motor vehicle
10931051 search fees. Each fee must include a full description of the
10941052 services that were provided.
10951053 (9) The costs for services that were performed under a warranty
10961054 or that were otherwise performed at no cost to the owner of the
10971055 motor vehicle.
10981056 (10) An attestation that all items invoiced were used and
10991057 ES 73—LS 6399/DI 151 26
11001058 necessary in the ordinary course of business.
11011059 (11) The time that each invoiced item was used and the
11021060 location.
11031061 (12) The number of miles the vehicle was towed.
11041062 (c) Any service or fee in addition to the services or fees described
11051063 in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as
11061064 a single line item on the invoice required by this section, with an
11071065 explanation and the exact charge for the service or the exact amount of
11081066 the fee.
11091067 (d) A copy of each invoice and receipt submitted by a tow truck
11101068 operator in accordance with this section shall:
11111069 (1) be retained by the towing company for a period of two (2)
11121070 years from the date of issuance; and
11131071 (2) throughout the two (2) year period described in subdivision
11141072 (1), be made available for inspection and copying not later than
11151073 forty-eight (48) hours after receiving a written request for
11161074 inspection from:
11171075 (A) a law enforcement agency;
11181076 (B) the attorney general;
11191077 (C) the prosecuting attorney or city attorney having
11201078 jurisdiction in the location of any of the towing company's
11211079 Indiana business locations;
11221080 (D) the disabled motor vehicle's owner; or
11231081 (E) the agent of the disabled motor vehicle's owner.
11241082 SECTION 15. IC 24-14-5-2 IS ADDED TO THE INDIANA CODE
11251083 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11261084 1, 2025]: Sec. 2. A towing company may charge fees for emergency
11271085 towing and private property towing as follows:
11281086 (1) If the towing service is an emergency towing requested by
11291087 the state police department and the towing company has filed
11301088 its rates to be part of the state police department's towing
11311089 rotation, at the rate agreed to by the towing company and the
11321090 state police department.
11331091 (2) If the towing service is an emergency towing requested by
11341092 a local law enforcement agency and the local law enforcement
11351093 agency has set rates, at the rate of the local law enforcement
11361094 agency or at the rate provided to the local law enforcement
11371095 agency.
11381096 (3) If the towing service is an emergency towing requested by
11391097 a local law enforcement agency and the local law enforcement
11401098 agency does not have set rates or rates provided to the local
11411099 law enforcement agency, at the following rates:
11421100 ES 73—LS 6399/DI 151 27
11431101 (A) The rate the towing company provides to the state
11441102 police department district in which the tow occurs.
11451103 (B) If the towing company does not have rates filed with
11461104 the state police department district in which the tow
11471105 occurs, then a rate that is not more than the state police
11481106 department district's towing and storage agreements.
11491107 (4) If the towing service is a private property towing
11501108 requested by a property owner that does not have a towing
11511109 agreement with the towing company, at the rate applicable
11521110 under subdivision (2) or (3).
11531111 (5) If the towing service is a private property towing
11541112 requested by a property owner that has a towing agreement
11551113 with the towing company, at the rate applicable in the towing
11561114 agreement.
11571115 SECTION 16. IC 24-14-7-3 IS ADDED TO THE INDIANA CODE
11581116 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11591117 1, 2025]: Sec. 3. (a) As used in this section, "property" means any
11601118 of the following:
11611119 (1) A truck (as defined in IC 9-13-2-188).
11621120 (2) A trailer (as defined in IC 9-13-2-184).
11631121 (3) Cargo.
11641122 (b) A person may file a complaint with the attorney general
11651123 alleging a violation of this article under IC 24-14-10-1 if the
11661124 person:
11671125 (1) owns or holds a lien on property held at a towing company
11681126 or storage facility; and
11691127 (2) believes the charges relating to a tow or the storage of the
11701128 property are unreasonable.
11711129 (c) Not later than twenty-four (24) hours after receipt of:
11721130 (1) sixty percent (60%) of the amount charged;
11731131 (2) proof of a bond obtained by the owner for the remaining
11741132 forty percent (40%) of the amount of the invoice; and
11751133 (3) a copy of a complaint filed with the attorney general
11761134 alleging a violation of this article under IC 24-14-10-1;
11771135 a towing company or storage facility shall release all property to
11781136 a properly identified person who owns or holds a lien on the
11791137 property.
11801138 SECTION 17. IC 24-14-8-3, AS ADDED BY P.L.281-2019,
11811139 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11821140 JULY 1, 2025]: Sec. 3. Upon demand, a towing company or storage
11831141 facility shall furnish a copy of the invoice described in IC 24-14-5 and
11841142 all supporting documentation, including payroll records and copies
11851143 ES 73—LS 6399/DI 151 28
11861144 of invoices from third parties that are included on the invoice, to a
11871145 local law enforcement agency or the office of the attorney general.
11881146 SECTION 18. IC 24-14-9-1, AS ADDED BY P.L.281-2019,
11891147 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11901148 JULY 1, 2025]: Sec. 1. A towing company shall not do any of the
11911149 following:
11921150 (1) Falsely represent, either expressly or by implication, that the
11931151 towing company represents or is approved by any organization
11941152 that provides emergency road service for disabled motor vehicles.
11951153 (2) Require the owner or operator of a disabled motor vehicle to
11961154 preauthorize:
11971155 (A) repair work; or
11981156 (B) more than twenty-four (24) hours of storage;
11991157 as a condition for providing towing service for the disabled motor
12001158 vehicle.
12011159 (3) Charge more than one (1) towing fee when the owner or
12021160 operator of a disabled motor vehicle requests that the disabled
12031161 motor vehicle be towed to a repair facility owned or operated by
12041162 the towing company.
12051163 (4) Tow a motor vehicle to a repair facility unless:
12061164 (A) either:
12071165 (i) the owner of the motor vehicle; or
12081166 (ii) the owner's designated representative;
12091167 gives consent for the motor vehicle to be towed to the repair
12101168 facility; and
12111169 (B) the consent described in clause (A) is given before the
12121170 motor vehicle is removed from the location from which it is to
12131171 be towed.
12141172 The prohibition set forth in this subdivision does not apply in any
12151173 case in which a towing company tows a motor vehicle to a storage
12161174 facility that includes a repair facility on the same site.
12171175 (5) Offer or provide compensation to a person for a towing
12181176 referral unless the person and towing company have a prior
12191177 contract.
12201178 SECTION 19. IC 24-14-9-2, AS ADDED BY P.L.281-2019,
12211179 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12221180 JULY 1, 2025]: Sec. 2. A towing company or a storage facility shall not
12231181 do any of the following:
12241182 (1) Upon payment of all costs relating to a tow, motor vehicle
12251183 storage, and all allowable fees, as applicable, refuse to release the
12261184 motor vehicle during regular office hours to a properly identified
12271185 person who owns or holds a lien on the motor vehicle in
12281186 ES 73—LS 6399/DI 151 29
12291187 accordance with the procedures and subject to the same
12301188 requirements set forth in IC 9-22-1-8 with respect to abandoned
12311189 motor vehicles. However, a towing company or storage facility
12321190 shall not release a motor vehicle in any case in which a local law
12331191 enforcement agency has ordered the motor vehicle not to be
12341192 released, or in any case in which the motor vehicle cannot be
12351193 released because of pending litigation.
12361194 (2) Refuse to permit:
12371195 (A) a properly identified person who owns or holds a lien on
12381196 a motor vehicle; or
12391197 (B) a representative of the insurance company that insures the
12401198 motor vehicle, if the vehicle is covered by an active policy of
12411199 insurance;
12421200 to inspect the motor vehicle during regular office hours before all
12431201 costs incurred against the motor vehicle are paid or the motor
12441202 vehicle is released. An inspection fee may not be charged for an
12451203 inspection that occurs during regular office hours.
12461204 (3) Charge any storage fee for a stored motor vehicle with respect
12471205 to any day on which:
12481206 (A) release of the motor vehicle; or
12491207 (B) inspection of the motor vehicle by the owner, lienholder,
12501208 or insurance company;
12511209 is not permitted during regular office hours by the towing
12521210 company or storage facility.
12531211 (4) Offer to provide compensation to a person for a referral
12541212 unless the person and the towing company or storage facility
12551213 have an executed contract in place.
12561214 (5) Charge more than the fees that are included in a towing
12571215 agreement or contract with the law enforcement agency that
12581216 ordered the tow or the contract with the private property
12591217 owner that ordered the tow under IC 9-22-1.
12601218 SECTION 20. An emergency is declared for this act.".
12611219 Renumber all SECTIONS consecutively.
12621220 and when so amended that said bill do pass.
12631221 (Reference is to SB 73 as printed January 29, 2025.)
12641222 PRESSEL
12651223 Committee Vote: yeas 12, nays 0.
1266-ES 73—LS 6399/DI 151 30
1267-HOUSE MOTION
1268-Mr. Speaker: I move that Engrossed Senate Bill 73 be amended to
1269-read as follows:
1270-Page 5, between lines 24 and 25, begin a new paragraph and insert:
1271-"SECTION 5. IC 9-22-1-27, AS AMENDED BY P.L.191-2007,
1272-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1273-JULY 1, 2025]: Sec. 27. (a) This section applies to sales of abandoned
1274-vehicles or parts by a city, county, or town.
1275-(b) The proceeds from the sale of abandoned vehicles or parts,
1276-including:
1277-(1) charges for bills of sale; and
1278-(2) money received from persons who own or hold liens on
1279-vehicles for the cost of removal or storage of vehicles;
1280-shall be credited against the costs of removal, storage, and disposal
1281-of the vehicle. The remaining proceeds shall be deposited in the
1282-city's, county's, or town's abandoned vehicle fund by the fiscal officer
1283-of the city, county, or town.
1284-(c) The costs incurred by a public agency in administering this
1285-chapter shall be paid from the abandoned vehicle fund.
1286-(d) The fiscal body shall annually appropriate sufficient money to
1287-the fund to carry out this chapter. Money remaining in the fund at the
1288-end of a year remains in the fund and does not revert to the general
1289-fund.
1290-(e) Notwithstanding subsection (d), the fiscal body of a consolidated
1291-city may transfer money from the fund.".
1292-Renumber all SECTIONS consecutively.
1293-(Reference is to ESB 73 as printed March 31, 2025.)
1294-JUDY
1295-_____
1296-HOUSE MOTION
1297-Mr. Speaker: I move that Engrossed Senate Bill 73 be amended to
1298-read as follows:
1299-Page 2, between lines 22 and 23, begin a new paragraph and insert:
1300-"(c) Notwithstanding IC 9-22-1-14, and in addition to the
1301-requirements under subsection (b), in the case of a contract
1302-between a towing company and a local law enforcement agency in
1303-a county containing a consolidated city, the contract must provide
1304-ES 73—LS 6399/DI 151 31
1305-that a person may park a vehicle that is registered to the person's
1306-residence on the street outside the person's residence for not more
1307-than seven (7) days before the vehicle is required to be towed.".
1308-(Reference is to ESB 73 as printed March 31, 2025.)
1309-MOED
1310-_____
1311-HOUSE MOTION
1312-Mr. Speaker: I move that Engrossed Senate Bill 73 be amended to
1313-read as follows:
1314-Page 5, line 10, delete "an owner or an" and insert "a properly
1315-identified person who owns or holds a lien on the vehicle".
1316-Page 5, line 11, delete "owner's designee".
1317-Page 5, line 13, delete "sixty percent (60%)" and insert
1318-"seventy-five percent (75%)".
1319-Page 5, line 16, delete "forty percent (40%)" and insert "twenty-five
1320-percent (25%)".
1321-Page 5, line 16, delete ";" and insert ", payable in the event the
1322-owner does not comply with a court order under subsection (j);".
1323-Page 5, delete lines 19 through 24, begin a new paragraph and
1324-insert:
1325-"(h) The owner shall file a civil complaint in the appropriate
1326-jurisdiction not later than thirty (30) days after providing the items
1327-required to release the vehicle under subsection (g) if the disputed
1328-invoice amount has not been resolved. A towing company may
1329-bring a civil complaint in an appropriate jurisdiction at any time
1330-within the same thirty (30) day period asking the court to resolve
1331-the disputed invoice amount.
1332-(i) A civil complaint filed under subsection (h) must include the
1333-amounts in the invoice that are disputed and the reasons those
1334-amounts are disputed. A copy of the invoice and any evidence of
1335-reasonableness or unreasonableness must be filed with the
1336-complaint.
1337-(j) After a civil complaint is filed under subsection (h), the court
1338-shall make a determination as to whether the amount charged by
1339-the towing company is reasonable. If the court determines that the
1340-amount is reasonable, the court shall order the owner to pay the
1341-amount of the invoice, minus the amount paid under subsection
1342-(g)(1). If the court determines that the amount charged was
1343-ES 73—LS 6399/DI 151 32
1344-unreasonable, the court shall determine a reasonable amount and
1345-order the owner to pay that amount minus the amount paid under
1346-subsection (g)(1). If the reasonable amount determined by the
1347-court is less than the amount paid under subsection (g)(1), the
1348-court shall order the towing company to pay the owner the
1349-difference in those amounts. The court may also require either
1350-party to pay or refund any additional amount and may impose any
1351-monetary penalties that the court determines to be appropriate.
1352-(k) Nothing in this section creates, implies, or otherwise grants
1353-insurance coverage for the amount billed by a towing service or
1354-storage facility that is not within the owner's automobile insurance
1355-policy or other policy of insurance.".
1356-Page 10, delete lines 13 through 18.
1357-Page 10, between lines 18 and 19, begin a new paragraph and insert:
1358-"SECTION 13. IC 24-14-2-5, AS ADDED BY P.L.281-2019,
1359-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1360-JULY 1, 2025]: Sec. 5. "Emergency towing" means the towing and
1361-storage of a motor vehicle, with or without the owner's consent,
1362-because of:
1363-(1) a motor vehicle accident on a public street, road, or highway;
1364-or
1365-(2) an incident:
1366-(A) related to an emergency; and
1367-(B) necessitating the removal of the motor vehicle from a
1368-location for public safety reasons.".
1369-Page 11, line 16, delete "The time" and insert "A good faith
1370-estimate of the time".
1371-Page 12, between lines 28 and 29, begin a new line blocked left and
1372-insert:
1373-"A towing company with a towing agreement that uses the services
1374-of another towing company to respond to an emergency towing
1375-may not charge a rate for the other towing company's services that
1376-is greater than the rate provided in the towing agreement.".
1377-Page 13, line 2, delete "sixty percent (60%)" and insert
1378-"seventy-five percent (75%)".
1379-Page 13, line 4, delete "forty percent (40%)" and insert "twenty-five
1380-percent (25%)".
1381-Page 13, between lines 9 and 10, begin a new paragraph and insert:
1382-"SECTION 18. IC 24-14-8-1, AS ADDED BY P.L.281-2019,
1383-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1384-JULY 1, 2025]: Sec. 1. A towing company or storage facility shall
1385-charge a fee for towing, clean-up services, or storage of a motor vehicle
1386-ES 73—LS 6399/DI 151 33
1387-that is reasonable and may not exceed the storage rates allowed
1388-under IC 9-22-1-4.".
1389-Page 13, delete lines 17 through 42.
1390-Page 14, delete lines 1 through 6.
1391-Page 14, line 30, strike "An inspection fee may not be charged for
1392-an" and insert "A retrieval fee may be charged if it complies with the
1393-requirements of IC 9-22-1-8.".
1394-Page 14, strike line 31.
1395-Page 14, delete lines 39 through 41.
1396-Page 14, line 42, delete "(5)" and insert "(4)".
1397-Renumber all SECTIONS consecutively.
1398-(Reference is to ESB 73 as printed March 31, 2025.)
1399-PRESSEL
14001224 ES 73—LS 6399/DI 151