IN
Indiana Senate Bill SB0484

Indiana 2025 Regular Session

Indiana Senate Bill SB0484 Compare Versions

OldNewDifferences
1+*ES0484.1*
2+March 10, 2025
3+ENGROSSED
4+SENATE BILL No. 484
5+_____
6+DIGEST OF SB 484 (Updated March 10, 2025 12:12 pm - DI 137)
7+Citations Affected: IC 9-13; IC 9-32.
8+Synopsis: Recreational vehicle dealers. Sets forth requirements for
9+recreational vehicle dealer agreements for the sale of recreational
10+vehicles in Indiana. Makes conforming changes.
11+Effective: July 1, 2025.
12+Doriot, Byrne, Tomes, Charbonneau,
13+Donato, Glick, Rogers
14+(HOUSE SPONSORS — MILLER D, KING, HEINE)
15+January 13, 2025, read first time and referred to Committee on Homeland Security and
16+Transportation.
17+January 21, 2025, reported favorably — Do Pass.
18+January 23, 2025, read second time, ordered engrossed. Engrossed.
19+January 27, 2025, read third time, passed. Yeas 47, nays 1.
20+HOUSE ACTION
21+March 3, 2025, read first time and referred to Committee on Roads and Transportation.
22+March 10, 2025, amended, reported — Do Pass.
23+ES 484—LS 7379/DI 151 March 10, 2025
124 First Regular Session of the 124th General Assembly (2025)
225 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
326 Constitution) is being amended, the text of the existing provision will appear in this style type,
427 additions will appear in this style type, and deletions will appear in this style type.
528 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
629 provision adopted), the text of the new provision will appear in this style type. Also, the
730 word NEW will appear in that style type in the introductory clause of each SECTION that adds
831 a new provision to the Indiana Code or the Indiana Constitution.
932 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1033 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 484
12-AN ACT to amend the Indiana Code concerning motor vehicles.
34+ENGROSSED
35+SENATE BILL No. 484
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+motor vehicles.
1338 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 9-13-2-5.2 IS ADDED TO THE INDIANA CODE
15-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2025]: Sec. 5.2. "Area of sales responsibility", for purposes of
17-IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in
18-IC 9-32-19-2.
19-SECTION 2. IC 9-13-2-18.3 IS ADDED TO THE INDIANA CODE
20-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21-1, 2025]: Sec. 18.3. "Camping trailer", for purposes of section 150
22-of this chapter and IC 9-32-19, has the meaning set forth in
23-IC 9-32-19-3.
24-SECTION 3. IC 9-13-2-28.2 IS ADDED TO THE INDIANA CODE
25-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26-1, 2025]: Sec. 28.2. "Coerce", for purposes of IC 9-32-19, has the
27-meaning set forth in IC 9-32-19-4.
28-SECTION 4. IC 9-13-2-43 IS AMENDED TO READ AS
29-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 43. (a) "Designated
30-family member", except as provided in subsection (b), means the
31-following:
32-(1) A franchisee's spouse, child, grandchild, parent, or sibling
33-who has been nominated as the franchisee's successor under a
34-written document filed by the franchisee with the franchisor.
35-(b) (2) If no such document has been filed, the term means a
36-SEA 484 — Concur 2
37-franchisee's spouse, child, grandchild, parent, or sibling who:
38-(1) (A) if the franchisee is deceased, is entitled to inherit the
39-franchisee's ownership interest in the franchisee's business
40-under the franchisee's will or under the laws of intestate
41-succession; or
42-(2) (B) if the franchisee is incapacitated, is appointed by the
43-court as the legal representative of the franchisee's property.
44-(c) (3) If a franchisee is deceased, the term includes the appointed
45-and qualified personal representative and testamentary trustee of
46-the deceased franchisee.
47-(b) "Designated family member", for purposes of IC 9-32-19,
48-has the meaning set forth in IC 9-32-19-5.
49-SECTION 5. IC 9-13-2-52.9 IS ADDED TO THE INDIANA CODE
50-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51-1, 2025]: Sec. 52.9. "Factory campaign", for purposes of
52-IC 9-32-19, has the meaning set forth in IC 9-32-19-6.
53-SECTION 6. IC 9-13-2-62.3 IS ADDED TO THE INDIANA CODE
54-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
55-1, 2025]: Sec. 62.3. "Fifth wheel travel trailer", for purposes of
56-section 150 of this chapter and IC 9-32-19, has the meaning set
57-forth in IC 9-32-19-7.
58-SECTION 7. IC 9-13-2-93.5 IS AMENDED TO READ AS
59-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 93.5. (a) "Line make",
60-except as provided in subsection (b), means the name given by a
61-manufacturer to a line of motor vehicles to distinguish it as produced
62-or sold by the manufacturer and that may be used and protected as a
63-trademark.
64-(b) "Line make", for purposes of IC 9-32-11-25 and IC 9-32-19,
65-has the meaning set forth in IC 9-32-19-8.
66-SECTION 8. IC 9-13-2-96, AS AMENDED BY P.L.198-2016,
67-SECTION 128, IS AMENDED TO READ AS FOLLOWS
68-[EFFECTIVE JULY 1, 2025]: Sec. 96. (a) "Manufactured home"
69-means, except as provided in subsections (b) and (c), a structure that:
70-(1) is assembled in a factory;
71-(2) bears a seal certifying that it was built in compliance with the
72-federal Manufactured Housing Construction and Safety Standards
73-Law (42 U.S.C. 5401 et seq.);
74-(3) is designed to be transported from the factory to another site
75-in one (1) or more units;
76-(4) is suitable for use as a dwelling in any season; and
77-(5) is more than thirty-five (35) feet long.
78-The term does not include a vehicle described in section 150(2)
79-SEA 484 — Concur 3
80-150(a)(2) of this chapter.
81-(b) "Manufactured home", for purposes of IC 9-17-6, means either
82-of the following:
83-(1) A structure having the meaning set forth in the federal
84-Manufactured Housing Construction and Safety Standards Law of
85-1974 (42 U.S.C. 5401 et seq.).
86-(2) A mobile home.
87-This subsection expires June 30, 2016.
88-(c) "Manufactured home", for purposes of IC 9-22-1.7, has the
89-meaning set forth in IC 9-22-1.7-2.
90-SECTION 9. IC 9-13-2-103.6 IS ADDED TO THE INDIANA
91-CODE AS A NEW SECTION TO READ AS FOLLOWS
92-[EFFECTIVE JULY 1, 2025]: Sec. 103.6. "Model", for purposes of
93-IC 9-32-19, has the meaning set forth in IC 9-32-19-9.
94-SECTION 10. IC 9-13-2-104.5 IS ADDED TO THE INDIANA
95-CODE AS A NEW SECTION TO READ AS FOLLOWS
96-[EFFECTIVE JULY 1, 2025]: Sec. 104.5. "Motor home", for
97-purposes of section 150 of this chapter and IC 9-32-19, has the
98-meaning set forth in IC 9-32-19-10.
99-SECTION 11. IC 9-13-2-139.5 IS ADDED TO THE INDIANA
100-CODE AS A NEW SECTION TO READ AS FOLLOWS
101-[EFFECTIVE JULY 1, 2025]: Sec. 139.5. "Proprietary part", for
102-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-12.
103-SECTION 12. IC 9-13-2-150, AS AMENDED BY P.L.198-2016,
104-SECTION 159, IS AMENDED TO READ AS FOLLOWS
105-[EFFECTIVE JULY 1, 2025]: Sec. 150. (a) "Recreational vehicle"
106-means a vehicle with or without motive power equipped exclusively for
107-living quarters for persons traveling upon the highways. The term:
108-(1) does not include:
109-(A) a truck camper; or
110-(B) a mobile structure (as defined in IC 22-12-1-17); and
111-(2) does include a vehicle that:
112-(A) is designed and marketed as temporary living quarters for
113-recreational, camping, travel, or seasonal use;
114-(B) is not permanently affixed to real property for use as a
115-permanent dwelling;
116-(C) is built on a single chassis and mounted on wheels;
117-(D) does not exceed four hundred (400) square feet of gross
118-area; and
119-(E) is certified by the manufacturer as complying with the
120-American National Standards Institute A119.5 standard.
121-A vehicle described in this subdivision may commonly be
122-SEA 484 — Concur 4
123-referred to as a "park model RV".
124-(b) "Recreational vehicle", for purposes of IC 9-32-19, includes
125-a motor home, fifth wheel travel trailer, park model trailer, travel
126-trailer, camping trailer, and truck camper.
127-SECTION 13. IC 9-13-2-150.1 IS ADDED TO THE INDIANA
128-CODE AS A NEW SECTION TO READ AS FOLLOWS
129-[EFFECTIVE JULY 1, 2025]: Sec. 150.1. "Recreational vehicle
130-dealer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the
131-meaning set forth in IC 9-32-19-13.
132-SECTION 14. IC 9-13-2-150.2 IS ADDED TO THE INDIANA
133-CODE AS A NEW SECTION TO READ AS FOLLOWS
134-[EFFECTIVE JULY 1, 2025]: Sec. 150.2. "Recreational vehicle
135-dealer agreement", for purposes of IC 9-32-19, has the meaning set
136-forth in IC 9-32-19-14.
137-SECTION 15. IC 9-13-2-150.4 IS ADDED TO THE INDIANA
138-CODE AS A NEW SECTION TO READ AS FOLLOWS
139-[EFFECTIVE JULY 1, 2025]: Sec. 150.4. "Recreational vehicle
140-distributor", for purposes of IC 9-32-19, has the meaning set forth
141-in IC 9-32-19-15.
142-SECTION 16. IC 9-13-2-150.6 IS ADDED TO THE INDIANA
143-CODE AS A NEW SECTION TO READ AS FOLLOWS
144-[EFFECTIVE JULY 1, 2025]: Sec. 150.6. "Recreational vehicle
145-manufacturer", for purposes of IC 9-32-11-25 and IC 9-32-19, has
146-the meaning set forth in IC 9-32-19-16.
147-SECTION 17. IC 9-13-2-186.1 IS ADDED TO THE INDIANA
148-CODE AS A NEW SECTION TO READ AS FOLLOWS
149-[EFFECTIVE JULY 1, 2025]: Sec. 186.1. "Transient customer", for
150-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-17.
151-SECTION 18. IC 9-13-2-187.3 IS ADDED TO THE INDIANA
152-CODE AS A NEW SECTION TO READ AS FOLLOWS
153-[EFFECTIVE JULY 1, 2025]: Sec. 187.3. "Travel trailer", for
154-purposes of section 150 of this chapter and IC 9-32-19, has the
155-meaning set forth in IC 9-32-19-18.
156-SECTION 19. IC 9-13-2-198.3 IS ADDED TO THE INDIANA
157-CODE AS A NEW SECTION TO READ AS FOLLOWS
158-[EFFECTIVE JULY 1, 2025]: Sec. 198.3. "Warrantor", for purposes
159-of IC 9-32-19, has the meaning set forth in IC 9-32-19-19.
160-SECTION 20. IC 9-32-2.1-2.5 IS ADDED TO THE INDIANA
161-CODE AS A NEW SECTION TO READ AS FOLLOWS
162-[EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Area of sales
163-responsibility", for purposes of IC 9-32-11-25 and IC 9-32-19, has
164-the meaning set forth in IC 9-32-19-2.
165-SEA 484 — Concur 5
166-SECTION 21. IC 9-32-2.1-7.8 IS ADDED TO THE INDIANA
167-CODE AS A NEW SECTION TO READ AS FOLLOWS
168-[EFFECTIVE JULY 1, 2025]: Sec. 7.8. "Camping trailer", for
169-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-3.
170-SECTION 22. IC 9-32-2.1-8.3 IS ADDED TO THE INDIANA
171-CODE AS A NEW SECTION TO READ AS FOLLOWS
172-[EFFECTIVE JULY 1, 2025]: Sec. 8.3. "Coerce", for purposes of
173-IC 9-32-19, has the meaning set forth in IC 9-32-19-4.
174-SECTION 23. IC 9-32-2.1-12.5 IS ADDED TO THE INDIANA
175-CODE AS A NEW SECTION TO READ AS FOLLOWS
176-[EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) "Designated family
177-member", except as provided in subsection (b), has the meaning set
178-forth in IC 9-13-2-43(a).
179-(b) "Designated family member", for purposes of IC 9-32-19,
180-has the meaning set forth in IC 9-32-19-5.
181-SECTION 24. IC 9-32-2.1-21.5 IS ADDED TO THE INDIANA
182-CODE AS A NEW SECTION TO READ AS FOLLOWS
183-[EFFECTIVE JULY 1, 2025]: Sec. 21.5. "Factory campaign", for
184-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-6.
185-SECTION 25. IC 9-32-2.1-21.8 IS ADDED TO THE INDIANA
186-CODE AS A NEW SECTION TO READ AS FOLLOWS
187-[EFFECTIVE JULY 1, 2025]: Sec. 21.8. "Fifth wheel travel trailer",
188-for purposes of IC 9-32-19, has the meaning set forth in
189-IC 9-32-19-7.
190-SECTION 26. IC 9-32-2.1-28.5 IS ADDED TO THE INDIANA
191-CODE AS A NEW SECTION TO READ AS FOLLOWS
192-[EFFECTIVE JULY 1, 2025]: Sec. 28.5. (a) "Line make", except as
193-provided in subsection (b), has the meaning set forth in
194-IC 9-13-2-93.5(a).
195-(b) "Line make", for purposes of IC 9-32-11-25 and IC 9-32-19,
196-has the meaning set forth in IC 9-32-19-8.
197-SECTION 27. IC 9-32-2.1-31.5 IS ADDED TO THE INDIANA
198-CODE AS A NEW SECTION TO READ AS FOLLOWS
199-[EFFECTIVE JULY 1, 2025]: Sec. 31.5. "Model", for purposes of
200-IC 9-32-19, has the meaning set forth in IC 9-32-19-9.
201-SECTION 28. IC 9-32-2.1-31.8 IS ADDED TO THE INDIANA
202-CODE AS A NEW SECTION TO READ AS FOLLOWS
203-[EFFECTIVE JULY 1, 2025]: Sec. 31.8. "Motor home", for
204-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-10.
205-SECTION 29. IC 9-32-2.1-33, AS ADDED BY P.L.104-2024,
206-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207-JULY 1, 2025]: Sec. 33. (a) "Person", except as provided in
208-SEA 484 — Concur 6
209-subsection (b), does not include the state, an agency of the state, or a
210-municipal corporation.
211-(b) "Person", for purposes of IC 9-32-19, has the meaning set
212-forth in IC 9-13-2-124.
213-SECTION 30. IC 9-32-2.1-34.2 IS ADDED TO THE INDIANA
214-CODE AS A NEW SECTION TO READ AS FOLLOWS
215-[EFFECTIVE JULY 1, 2025]: Sec. 34.2. "Proprietary part", for
216-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-12.
217-SECTION 31. IC 9-32-2.1-34.5 IS ADDED TO THE INDIANA
218-CODE AS A NEW SECTION TO READ AS FOLLOWS
219-[EFFECTIVE JULY 1, 2025]: Sec. 34.5. "Recreational vehicle
220-dealer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the
221-meaning set forth in IC 9-32-19-13.
222-SECTION 32. IC 9-32-2.1-34.6 IS ADDED TO THE INDIANA
223-CODE AS A NEW SECTION TO READ AS FOLLOWS
224-[EFFECTIVE JULY 1, 2025]: Sec. 34.6. "Recreational vehicle dealer
225-agreement", for purposes of IC 9-32-19, has the meaning set forth
226-in IC 9-32-19-14.
227-SECTION 33. IC 9-32-2.1-34.7 IS ADDED TO THE INDIANA
228-CODE AS A NEW SECTION TO READ AS FOLLOWS
229-[EFFECTIVE JULY 1, 2025]: Sec. 34.7. "Recreational vehicle
230-distributor", for purposes of IC 9-32-19, has the meaning set forth
231-in IC 9-32-19-15.
232-SECTION 34. IC 9-32-2.1-34.8 IS ADDED TO THE INDIANA
233-CODE AS A NEW SECTION TO READ AS FOLLOWS
234-[EFFECTIVE JULY 1, 2025]: Sec. 34.8. "Recreational vehicle
235-manufacturer", for purposes of IC 9-32-11-25 and IC 9-32-19, has
236-the meaning set forth in IC 9-32-19-16.
237-SECTION 35. IC 9-32-2.1-40.3 IS ADDED TO THE INDIANA
238-CODE AS A NEW SECTION TO READ AS FOLLOWS
239-[EFFECTIVE JULY 1, 2025]: Sec. 40.3. "Transient customer", for
240-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-17.
241-SECTION 36. IC 9-32-2.1-41.5 IS ADDED TO THE INDIANA
242-CODE AS A NEW SECTION TO READ AS FOLLOWS
243-[EFFECTIVE JULY 1, 2025]: Sec. 41.5. "Travel trailer", for
244-purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-18.
245-SECTION 37. IC 9-32-2.1-45.5 IS ADDED TO THE INDIANA
246-CODE AS A NEW SECTION TO READ AS FOLLOWS
247-[EFFECTIVE JULY 1, 2025]: Sec. 45.5. "Warrantor", for purposes
248-of IC 9-32-19, has the meaning set forth in IC 9-32-19-19.
249-SECTION 38. IC 9-32-7-2, AS AMENDED BY P.L.120-2020,
250-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251-SEA 484 — Concur 7
252-JULY 1, 2025]: Sec. 2. (a) The dealer enforcement account is
253-established as a separate account to be administered by the secretary.
254-(b) The dealer enforcement account consists of money deposited
255-pursuant to:
256-(1) IC 9-32-4-1(d);
257-(2) IC 9-32-16-1(f);
258-(3) IC 9-32-16-13(d);
259-(4) IC 9-32-17-1;
260-(5) IC 9-32-17-7; and
261-(6) IC 9-32-17-9; and
262-(7) IC 9-32-19-32.
263-The funds in the account shall be available, with the approval of the
264-budget agency, for use to augment and supplement the funds
265-appropriated for the administration of this article.
266-(c) The treasurer of state shall invest the money in the dealer
267-enforcement account not currently needed to meet the obligations of
268-the account in the same manner as other public money may be invested.
269-Interest that accrues from these investments shall be deposited into the
270-account.
271-(d) Money in the dealer enforcement account at the end of the state
272-fiscal year does not revert to the state general fund.
273-(e) Money in the dealer enforcement account is continuously
274-appropriated to the secretary for the purposes of the account.
275-SECTION 39. IC 9-32-11-25 IS ADDED TO THE INDIANA
276-CODE AS A NEW SECTION TO READ AS FOLLOWS
277-[EFFECTIVE JULY 1, 2025]: Sec. 25. (a) This section applies to a
278-recreational vehicle show held on a Sunday.
279-(b) A recreational vehicle show must include two (2) or more
280-recreational vehicle dealers and occur offsite from a recreational
281-vehicle dealer's place of business.
282-(c) At a recreational vehicle show, a recreational vehicle dealer
283-may display or sell a line make only in the recreational vehicle
284-dealer's area of sales responsibility.
285-(d) If a recreational vehicle dealer fails to provide adequate
286-representation at a recreational vehicle show, a recreational
287-vehicle manufacturer may assign the rights to participate in the
288-sanctioned recreational vehicle show to another recreational
289-vehicle dealer.
290-(e) A recreational vehicle manufacturer may designate
291-recreational vehicle dealer participation in recreational vehicle
292-shows and rallies. However, for a recreational vehicle show that
293-occurs in a recreational vehicle dealer's area of sales responsibility,
294-SEA 484 — Concur 8
295-the recreational vehicle dealer shall be given an exclusive right to
296-participate.
297-(f) A recreational vehicle dealer may sell or offer to sell, directly
298-or indirectly, recreational vehicles on Sundays, if the dealer is
299-participating in a recreational vehicle show.
300-SECTION 40. IC 9-32-19 IS ADDED TO THE INDIANA CODE
301-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
302-JULY 1, 2025]:
303-Chapter 19. Recreational Vehicle Dealer Agreements
304-Sec. 1. This chapter applies to a written agreement between a
305-recreational vehicle manufacturer or recreational vehicle
306-distributor and a recreational vehicle dealer licensed by the
307-secretary under this article, unless otherwise provided by a written
308-agreement.
309-Sec. 2. As used in this chapter, "area of sales responsibility"
310-means the geographical area within which a recreational vehicle
311-dealer has the exclusive right to display or sell the manufacturer's
312-new recreational vehicles of a particular line make to the retail
313-public.
314-Sec. 3. As used in this chapter, "camping trailer" means a motor
315-vehicle that contains a collapsible structure mounted on wheels
316-that is towed by a motor vehicle and provides living quarters for
317-recreational use, camping, or traveling.
318-Sec. 4. As used in this chapter, "coerce" means threatening to:
319-(1) terminate, cancel, or refuse to renew a recreational vehicle
320-dealer agreement without good cause; or
321-(2) withhold product lines or delay product delivery in order
322-to obtain an amendment to a recreational vehicle dealer
323-agreement.
324-Sec. 5. As used in this chapter, "designated family member"
325-means the:
326-(1) spouse;
327-(2) child;
328-(3) grandchild;
329-(4) parent;
330-(5) sibling;
331-(6) niece;
332-(7) nephew; or
333-(8) spouse of an individual under subdivision (2) through (7);
334-of a recreational vehicle dealer who has been nominated as the
335-successor for the recreational vehicle dealer under a written
336-agreement filed by the recreational vehicle dealer with the
337-SEA 484 — Concur 9
338-recreational vehicle manufacturer or recreational vehicle
339-distributor.
340-Sec. 6. As used in this chapter, "factory campaign" means the
341-effort on the part of a warrantor to contact recreational vehicle
342-owners or recreational vehicle dealers to address an issue with a
343-part or the equipment of a particular line make or model of a
344-recreational vehicle.
345-Sec. 7. As used in this chapter, "fifth wheel travel trailer" means
346-a motor vehicle mounted on wheels that provides living quarters
347-for recreational use, travel, or camping and does not require a
348-special highway permit. A fifth wheel travel trailer is designed to
349-be towed by a motor vehicle that contains a towing mechanism
350-mounted above or forward of the rear axle of the tow vehicle.
351-Sec. 8. As used in this chapter, "line make" means the specific
352-series of recreational vehicle that:
353-(1) is identified by a common series trade name or trademark;
354-(2) the recreational vehicle dealer agreement authorizes a
355-recreational vehicle dealer to sell;
356-(3) is targeted to a particular market segment as determined
357-by the decor, features, equipment, size, weight, and price of
358-the recreational vehicle;
359-(4) has lengths and interior floor plans that distinguish the
360-recreational vehicle from another recreational vehicle of
361-similar decor, features, equipment, size, weight, and price;
362-and
363-(5) belongs to a single, distinct classification of recreational
364-vehicles with a substantial degree of commonality in the
365-construction of the chassis, frame, and body of the
366-recreational vehicle.
367-Sec. 9. As used in this chapter, "model" means a series of a
368-recreational vehicle that is a subset of a line make and is identified
369-by a common series trade name or trademark.
370-Sec. 10. As used in this chapter, "motor home" means a
371-self-propelled, driveable motor vehicle that contains a motorized
372-chassis and provides temporary living quarters for recreational use
373-or travel.
374-Sec. 11. As used in this chapter, "person" has the meaning set
375-forth in IC 9-13-2-124.
376-Sec. 12. As used in this chapter, "proprietary part" means a
377-part for a recreational vehicle that is:
378-(1) manufactured by or for the recreational vehicle
379-manufacturer; and
380-SEA 484 — Concur 10
381-(2) sold exclusively by the recreational vehicle manufacturer.
382-Sec. 13. As used in this chapter, "recreational vehicle dealer"
383-means a person that is required to be licensed by the secretary to
384-sell new recreational vehicles under this chapter, or the officers,
385-agents, or employees of the person.
386-Sec. 14. As used in this chapter, "recreational vehicle dealer
387-agreement" means a written instrument between a recreational
388-vehicle manufacturer or recreational vehicle distributor and a
389-recreational vehicle dealer that determines the rights and
390-responsibilities of the parties under which the recreational vehicle
391-dealer sells recreational vehicles in the area of sales responsibility.
392-Sec. 15. As used in this chapter, "recreational vehicle
393-distributor" means a person, other than a recreational vehicle
394-manufacturer, that is engaged in the business of selling new
395-recreational vehicles to recreational vehicle dealers in the state, or
396-the officers, agents, or employees of the person.
397-Sec. 16. As used in this chapter, "recreational vehicle
398-manufacturer" means a person that engages in the business of
399-manufacturing, constructing, or assembling new recreational
400-vehicles.
401-Sec. 17. As used in this chapter, "transient customer" means an
402-individual who is temporarily traveling through a recreational
403-vehicle dealer's area of sales responsibility.
404-Sec. 18. As used in this chapter, "travel trailer" means a motor
405-vehicle mounted on wheels that provides living quarters for
406-recreational use, travel, or camping and does not require a special
407-highway permit when towed by a motor vehicle.
408-Sec. 19. (a) As used in this chapter, "warrantor" means a person
409-that gives a warranty in connection with a new recreational vehicle
410-or the parts, accessories, or components of the new recreational
411-vehicle.
412-(b) The term does not include service contracts, mechanical or
413-other insurance, or extended warranties sold for separate
414-consideration by a recreational vehicle dealer or any other person
415-that does not have a written agreement with a recreational vehicle
416-manufacturer or recreational vehicle distributor.
417-Sec. 20. (a) Except as otherwise provided by law, a recreational
418-vehicle manufacturer or recreational vehicle distributor may not
419-sell recreational vehicles in Indiana to a recreational vehicle dealer
420-unless the parties enter into a written recreational vehicle dealer
421-agreement under this chapter.
422-(b) Except as otherwise provided by law, a recreational vehicle
423-SEA 484 — Concur 11
424-dealer may not sell a new recreational vehicle in Indiana unless the
425-parties enter into a written recreational vehicle dealer agreement
426-with a recreational vehicle manufacturer or recreational vehicle
427-distributor.
428-(c) The recreational vehicle manufacturer or recreational
429-vehicle distributor shall designate the area of sales responsibility
430-exclusively assigned to the recreational vehicle dealer in the
431-recreational vehicle dealer agreement, and a recreational vehicle
432-dealer may not sell outside the area of sales responsibility listed in
433-the recreational vehicle dealer agreement.
434-(d) Without the consent of the parties, the recreational vehicle
435-manufacturer or recreational vehicle distributor may not review
436-or change the area of sales responsibility designated under
437-subsection (c) for a duration that shall be stated in the written
438-recreational vehicle dealer agreement.
439-(e) The recreational vehicle manufacturer or recreational
440-vehicle distributor may not contract with another recreational
441-vehicle dealer for the sale of the same line make in the area of sales
442-responsibility designated to the recreational vehicle dealer under
443-subsection (c) for the duration of the recreational vehicle dealer
444-agreement.
445-(f) A recreational vehicle manufacturer may not issue a policy
446-or procedure that violates or substantially alters a provision of the
447-recreational vehicle dealer agreement for the duration of the
448-recreational vehicle dealer agreement.
449-(g) A recreational vehicle manufacturer shall distribute new
450-recreational vehicles to recreational vehicle dealers in a fair and
451-equitable manner.
452-(h) A recreational vehicle manufacturer shall agree to provide
453-to a recreational vehicle dealer adequate technical data to perform
454-proper service and repairs.
455-Sec. 21. (a) A recreational vehicle manufacturer or recreational
456-vehicle distributor may not terminate, cancel, or refuse to renew
457-all or part of a recreational vehicle dealer agreement without good
458-cause.
459-(b) The burden of proof to show good cause is on the
460-recreational vehicle manufacturer or recreational vehicle
461-distributor that is a party to the recreational vehicle dealer
462-agreement.
463-(c) The following factors may be considered as proof to show
464-good cause under this section:
465-(1) The extent of the recreational vehicle dealer's permeation
466-SEA 484 — Concur 12
467-into the area of sales responsibility.
468-(2) The nature and extent of the recreational vehicle dealer's
469-investment in the recreational vehicle dealer's business.
470-(3) The adequacy of the recreational vehicle dealer's service
471-facilities, equipment, parts, supplies, and personnel.
472-(4) The effect of the proposed termination, cancellation, or
473-refusal to renew the recreational vehicle dealer agreement on
474-the community.
475-(5) The extent and quality of the recreational vehicle dealer's
476-warranty services.
477-(6) The recreational vehicle dealer's failure to follow agreed
478-upon procedures and standards for the overall operation of
479-the recreational vehicle dealer consistent with Indiana law
480-and the recreational vehicle dealer agreement.
481-(7) The recreational vehicle dealer's performance of the terms
482-of the recreational vehicle dealer agreement.
483-(d) Except as otherwise provided in this chapter, a recreational
484-vehicle manufacturer or recreational vehicle distributor shall
485-provide written notice to a recreational vehicle dealer at least one
486-hundred twenty (120) days before the recreational vehicle
487-manufacturer or recreational vehicle distributor terminates,
488-cancels, or refuses to renew a recreational vehicle dealer
489-agreement for good cause.
490-(e) A written notice under subsection (d) must provide the
491-recreational vehicle dealer with all of the reasons the recreational
492-vehicle manufacturer or recreational vehicle distributor intends to
493-terminate, cancel, or refuse to renew the recreational vehicle dealer
494-agreement.
495-(f) Not later than thirty (30) days after receiving the written
496-notice under subsection (d), if the recreational vehicle dealer
497-provides the recreational vehicle manufacturer or recreational
498-vehicle distributor with written notice of the intent to cure all
499-claimed deficiencies, the recreational vehicle dealer must cure the
500-claimed deficiencies not later than one hundred twenty (120) days
501-after receiving the written notice.
502-(g) If the recreational vehicle dealer cures the claimed
503-deficiencies under subsection (f), the recreational vehicle
504-manufacturer or recreational vehicle distributor may not
505-terminate, cancel, or refuse to renew the recreational vehicle dealer
506-agreement.
507-(h) The recreational vehicle manufacturer or recreational
508-vehicle distributor may terminate, cancel, or refuse to renew the
509-SEA 484 — Concur 13
510-recreational vehicle dealer agreement:
511-(1) thirty (30) days after receipt of the written notice under
512-subsection (d), if the recreational vehicle dealer fails to
513-provide the recreational vehicle manufacturer or recreational
514-vehicle distributor with written notice of the recreational
515-vehicle dealer's intent to cure the claimed deficiencies; or
516-(2) one hundred twenty (120) days after receipt of the written
517-notice under subsection (d), if the recreational vehicle dealer
518-fails to cure the claimed deficiencies not later than one
519-hundred twenty (120) days after receiving the written notice.
520-(i) The written notice period under subsection (d) may be
521-reduced to thirty (30) days if the reason for terminating, canceling,
522-or refusing to renew the recreational vehicle dealer agreement
523-under this section is because of one (1) or more of the following
524-factors:
525-(1) A recreational vehicle dealer is:
526-(A) convicted of; or
527- (B) entering a plea of nolo contendere to;
528-a felony offense.
529-(2) The recreational vehicle dealer has abandoned or closed
530-business operations for at least ten (10) consecutive business
531-days, unless the abandonment or closure is due to:
532-(A) an act of God;
533-(B) a strike;
534-(C) labor difficulty; or
535-(D) a cause that is outside of the control of the recreational
536-vehicle dealer.
537-(3) A significant misrepresentation by the recreational vehicle
538-dealer was made that materially affects the business
539-relationship between the recreational vehicle dealer and the
540-recreational vehicle manufacturer or recreational vehicle
541-distributor.
542-(4) The secretary has suspended, revoked, or refused to renew
543-the license of the recreational vehicle dealer.
544-(j) The written notice provisions under this section do not apply
545-if the reason for terminating, canceling, or refusing to renew the
546-recreational vehicle dealer agreement is a declaration of:
547-(1) insolvency;
548-(2) an assignment for the benefit of a creditor; or
549-(3) bankruptcy;
550-of the recreational vehicle dealer.
551-Sec. 22. (a) A recreational vehicle dealer may terminate, cancel,
552-SEA 484 — Concur 14
553-or fail to renew all or part of a recreational vehicle dealer
554-agreement at any time by giving at least thirty (30) days written
555-notice to the recreational vehicle manufacturer or recreational
556-vehicle distributor that is a party to the recreational vehicle dealer
557-agreement.
558-(b) If the termination, cancellation, or nonrenewal is for good
559-cause, then the recreational vehicle dealer has the burden of proof
560-to show good cause.
561-(c) The following factors may be considered as proof to show
562-good cause under this section:
563-(1) A recreational vehicle manufacturer or recreational
564-vehicle distributor:
565-(A) is convicted of; or
566-(B) enters a plea of nolo contendere;
567-to a felony offense.
568-(2) The recreational vehicle manufacturer or recreational
569-vehicle distributor has abandoned or closed business
570-operations for at least ten (10) consecutive business days,
571-unless the abandonment or closure is due to:
572-(A) an act of God;
573-(B) a strike;
574-(C) labor difficulty; or
575-(D) another cause that is not within the control of the
576-recreational vehicle manufacturer or recreational vehicle
577-distributor.
578-(3) A significant misrepresentation by the recreational vehicle
579-manufacturer or recreational vehicle distributor was made
580-that materially affects the business relationship with the
581-recreational vehicle dealer.
582-(4) A material violation of the recreational vehicle dealer
583-agreement occurred by the recreational vehicle manufacturer
584-or recreational vehicle distributor, which is not cured not
585-later than one hundred twenty (120) days after receiving
586-written notice of the violation.
587-(5) A declaration of:
588-(A) insolvency;
589-(B) assignment for the benefit of creditors; or
590-(C) bankruptcy;
591-of the recreational vehicle manufacturer or recreational
592-vehicle distributor.
593-(6) Coercion committed by the recreational vehicle
594-manufacturer or recreational vehicle distributor.
595-SEA 484 — Concur 15
596-(7) A violation of area of sales responsibility protections, or
597-allowing other recreational vehicle dealers to violate such
598-protections.
599-Sec. 23. (a) A recreational vehicle manufacturer or recreational
600-vehicle distributor may not coerce or attempt to coerce a
601-recreational vehicle dealer to:
602-(1) purchase a product that the recreational vehicle dealer did
603-not order;
604-(2) enter into a recreational vehicle dealer agreement with the
605-recreational vehicle manufacturer or recreational vehicle
606-distributor;
607-(3) take an action that is unfair or unreasonable to the
608-recreational vehicle dealer;
609-(4) enter into a recreational vehicle dealer agreement that
610-requires the recreational vehicle dealer to submit disputes to
611-binding arbitration or otherwise waive rights or
612-responsibilities provided under this chapter; or
613-(5) forego exercising a right authorized by a recreational
614-vehicle dealer agreement or this chapter.
615-(b) The recreational vehicle dealer bears the burden of proving
616-coercion under this section.
617-Sec. 24. (a) If a recreational vehicle dealer terminates, cancels,
618-or refuses to renew the recreational vehicle dealer agreement for
619-good cause, the recreational vehicle manufacturer, at the election
620-of the dealer, shall repurchase the inventory of the recreational
621-vehicle dealer not later than forty-five (45) days after the
622-termination, cancellation, or refusal to renew the recreational
623-vehicle dealer agreement as follows:
624-(1) All new, unused, except for demonstration purposes, and
625-untitled recreational vehicles that have not been altered or
626-damaged and that were acquired from the recreational
627-vehicle manufacturer or recreational vehicle distributor
628-within eighteen (18) months of the date of the notice of
629-termination, cancellation, or nonrenewal, at one hundred
630-percent (100%) of the net invoice cost, including
631-transportation, less applicable rebates, and discounts to the
632-dealer. If a repurchased vehicle is damaged, the amount due
633-to the recreational vehicle dealer shall be reduced by the cost
634-to repair the damaged vehicle. Damage prior to delivery to
635-the recreational vehicle dealer will not disqualify repurchase
636-under this subsection.
637-(2) One hundred five percent (105%) of the original net price
638-SEA 484 — Concur 16
639-paid to the recreational vehicle manufacturer or recreational
640-vehicle distributor to compensate the recreational vehicle
641-dealer for handling, packing, and shipping costs for all
642-undamaged accessories and proprietary parts sold to the
643-recreational vehicle dealer not more than twelve (12) months
644-before the termination, cancellation, or refusal to renew the
645-recreational vehicle dealer agreement if accompanied by the
646-original invoice.
647-(3) One hundred percent (100%) of the recreational vehicle
648-dealer's net cost plus freight, destination, delivery,
649-distribution charges, and sales tax for:
650-(A) properly functioning diagnostic equipment;
651-(B) special tools;
652-(C) signs; and
653-(D) any other equipment and machinery;
654-if purchased by the recreational vehicle dealer not more than
655-five (5) years before the termination, cancellation, or refusal
656-to renew the recreational vehicle dealer agreement upon the
657-recreational vehicle manufacturer's or recreational vehicle
658-distributor's request that can no longer be used in the normal
659-course of the recreational vehicle dealer's ongoing business.
660-(b) A recreational vehicle manufacturer or recreational vehicle
661-distributor shall pay in full for inventory repurchased under this
662-section before the recreational vehicle is surrendered by the
663-recreational vehicle dealer. Once the recreational vehicle dealer
664-receives full payment under subsection (a), the recreational vehicle
665-dealer shall immediately surrender the recreational vehicle to the
666-recreational vehicle manufacturer or recreational vehicle
667-distributor.
668-(c) If the recreational vehicle dealer agreement is terminated,
669-canceled, or not renewed by the recreational vehicle manufacturer
670-or recreational vehicle distributor without good cause, in violation
671-of section 22 of this chapter, then the recreational vehicle
672-manufacturer or recreational vehicle distributor shall repurchase
673-recreational vehicle dealer inventory, equipment, and parts as
674-provided in this section.
675-(d) A recreational vehicle dealer may sell the remaining
676-inventory that is not repurchased under subsection (a).
677-(e) A recreational vehicle dealer may:
678-(1) sell the remaining inventory of a particular line make or
679-model after the recreational vehicle dealer agreement is
680-terminated, canceled, or not renewed by the recreational
681-SEA 484 — Concur 17
682-vehicle manufacturer or recreational vehicle distributor; or
683-(2) if recreational vehicles of a line make or model that is
684-subject to the terminated, canceled, or not renewed
685-recreational vehicle dealer agreement are not repurchased
686-under subsection (a), continue to sell the recreational vehicles
687-in the recreational vehicle dealer's inventory until the
688-recreational vehicles are no longer in the recreational vehicle
689-dealer's inventory.
690-Sec. 25. If a recreational vehicle dealer takes on an additional
691-line make that competes directly with the current line make, the
692-recreational vehicle dealer shall provide written notice to the
693-recreational vehicle manufacturer or recreational vehicle
694-distributor with whom the recreational vehicle dealer has a
695-recreational vehicle dealer agreement at least thirty (30) days
696-before entering into a recreational vehicle dealer agreement with
697-the recreational vehicle manufacturer or recreational vehicle
698-distributor of the additional line make.
699-Sec. 26. (a) A recreational vehicle dealer shall provide written
700-notice to the recreational vehicle manufacturer or recreational
701-vehicle distributor with whom the recreational vehicle dealer has
702-a recreational vehicle dealer agreement if the recreational vehicle
703-dealer desires to make a change in the ownership of the
704-recreational vehicle dealer at least ten (10) business days before
705-closing. The written notice under this subsection must include all
706-supporting documentation necessary to assist the recreational
707-vehicle manufacturer or recreational vehicle distributor in
708-determining whether to object to the change in ownership.
709-(b) A recreational vehicle manufacturer or recreational vehicle
710-distributor may object to a proposed change in the ownership of a
711-recreational vehicle dealer if the prospective new owner meets at
712-least one (1) of the following conditions:
713-(1) The prospective new owner has previously had a
714-recreational vehicle dealer agreement terminated for good
715-cause by a recreational vehicle manufacturer or recreational
716-vehicle distributor.
717-(2) The prospective new owner has been convicted of a felony
718-or a crime of fraud, deceit, or moral turpitude.
719-(3) The prospective new owner lacks a license required by
720-law.
721-(4) The prospective new owner does not have an active line of
722-credit sufficient to purchase recreational vehicles under the
723-recreational vehicle dealer agreement.
724-SEA 484 — Concur 18
725-(5) In the ten (10) years preceding the prospective change in
726-ownership, the prospective new owner has:
727-(A) made a declaration of:
728-(i) insolvency;
729-(ii) an assignment for the benefit of creditors; or
730-(iii) bankruptcy; or
731-(B) had the appointment of a receiver, trustee, or
732-conservator to take possession of the prospective new
733-owner's business or property.
734-(c) A recreational vehicle manufacturer or recreational vehicle
735-distributor shall answer the written notice under subsection (a) not
736-later than seven (7) business days after receiving the written notice
737-and provide the recreational vehicle dealer with any objections to
738-the proposed change of ownership. The answer under this
739-subsection must include the reasons for the objection. The
740-recreational vehicle manufacturer or recreational vehicle
741-distributor has the burden of proof regarding the reasons
742-contained in its objection. If the recreational vehicle manufacturer
743-or recreational vehicle distributor does not timely answer the
744-written notice under subsection (a), the change of ownership is
745-deemed approved.
746-Sec. 27. (a) This section does not apply to a recreational vehicle
747-dealer if the recreational vehicle dealer agreement or other written
748-agreement includes the recreational vehicle dealer's designation of
749-a successor who is not the designated family member of the
750-recreational vehicle dealer.
751-(b) A designated family member of a deceased or incapacitated
752-recreational vehicle dealer may succeed the recreational vehicle
753-dealer if the recreational vehicle manufacturer or recreational
754-vehicle distributor determines that the existing recreational vehicle
755-dealer agreement should be honored.
756-(c) A recreational vehicle manufacturer or recreational vehicle
757-distributor may object to a succession under this section for good
758-cause. The burden is on the recreational vehicle manufacturer or
759-recreational vehicle distributor to show good cause for the
760-following reasons:
761-(1) The designated family member has been convicted of a
762-felony or a crime of fraud, deceit, or moral turpitude.
763-(2) The designated family member declared insolvency or
764-bankruptcy during the ten (10) years before succession is set
765-to occur.
766-(3) The designated family member breached a prior
767-SEA 484 — Concur 19
768-recreational vehicle dealer agreement.
769-(4) The designated family member lacks an active line of
770-credit sufficient to purchase the recreational vehicles.
771-(5) The designated family member lacks a license required by
772-law.
773-(d) A designated family member may not succeed a recreational
774-vehicle dealer if the succession involves, without the recreational
775-vehicle manufacturer's or recreational vehicle distributor's
776-consent, a relocation of the business or an alteration of the terms
777-and conditions of the recreational vehicle dealer agreement.
778-Sec. 28. (a) A new recreational vehicle dealer is liable for
779-damage to a new recreational vehicle after the recreational vehicle
780-is delivered to the carrier or transporter only if the new
781-recreational vehicle dealer selects the method and mode of
782-transportation and the carrier or transporter. In all other
783-instances, the recreational vehicle manufacturer or recreational
784-vehicle distributor is liable for carrier related damage to a new
785-recreational vehicle.
786-(b) A recreational vehicle dealer that receives a damaged
787-recreational vehicle under this section may:
788-(1) request authorization from the recreational vehicle
789-manufacturer or recreational vehicle distributor to correct
790-the damage; or
791-(2) reject the recreational vehicle under subsection (c).
792-If the recreational vehicle manufacturer or recreational vehicle
793-distributor does not authorize the repair not later than ten (10)
794-days after receiving notice of the damage, or if the recreational
795-vehicle dealer rejects the recreational vehicle because of the
796-damage, ownership of the new recreational vehicle reverts to the
797-recreational vehicle manufacturer or recreational vehicle
798-distributor.
799-(c) A recreational vehicle dealer may inspect and reject a
800-damaged recreational vehicle in a timely manner as determined by
801-a recreational vehicle dealer agreement, but not less than two (2)
802-business days after the physical delivery of the recreational vehicle.
803-(d) A recreational vehicle dealer may reject a recreational
804-vehicle that has an unreasonable amount of miles on the odometer.
805-The distance between the recreational vehicle manufacturer's
806-factory or recreational vehicle distributor and the recreational
807-vehicle dealer plus one hundred (100) miles is a reasonable amount
808-of miles on the odometer.
809-(e) A recreational vehicle dealer shall exercise due care in
810-SEA 484 — Concur 20
811-custody of the damaged recreational vehicle, but the recreational
812-vehicle dealer shall have no other obligations, financial or
813-otherwise, with respect to the damaged recreational vehicle.
814-Sec. 29. (a) A warrantor shall do the following:
815-(1) Provide a list of the warrantor's obligations to the
816-recreational vehicle dealer for the preparation, delivery, and
817-warranty service for products.
818-(2) Compensate the recreational vehicle dealer for warranty
819-services performed by the recreational vehicle dealer covered
820-by the warrantor.
821-(3) Provide the recreational vehicle dealer with a schedule of
822-compensation to be paid and the time allowances to perform
823-diagnostic work and warranty services on a recreational
824-vehicle.
825-(b) The schedule of compensation under subsection (a)(3) must
826-include reasonable compensation for diagnostic work as well as
827-warranty labor. If the schedule of compensation required by this
828-section does not include a particular repair, the warrantor shall
829-reimburse the recreational vehicle dealer for warranty service for
830-the actual time worked, unless the warrantor demonstrates that the
831-actual time worked was unreasonable. In such event, the
832-recreational vehicle dealer shall be paid a reasonable sum.
833-(c) Time allowances to perform diagnostic work and warranty
834-services must be reasonable.
835-(d) Compensation of a recreational vehicle dealer for warranty
836-services may not be less than the lowest retail labor rate charged
837-by the recreational vehicle dealer in the ordinary course of
838-business for substantially similar labor that is not a warranty
839-service.
840-(e) A warrantor shall reimburse the recreational vehicle dealer
841-for:
842-(1) a warranty part at wholesale cost;
843-(2) at least thirty percent (30%) of the wholesale cost as a
844-handling charge; and
845-(3) the cost of freight to return the part to the warrantor if the
846-return is required by the warrantor.
847-(f) If a warranty part is sent to the recreational vehicle dealer
848-at no cost, the recreational vehicle dealer is entitled to payment of
849-thirty percent (30%) of the wholesale cost of the warranty part
850-from the warrantor as a handling charge. The handling charge for
851-a warranty part may not exceed three hundred dollars ($300). A
852-recreational vehicle dealer may return unused parts to the
853-SEA 484 — Concur 21
854-warrantor for credit after completion of the warranty services if
855-the parts are in excess of what the recreational vehicle dealer
856-requires.
857-(g) A warrantor may conduct a warranty audit of a recreational
858-vehicle dealer's records on a reasonable basis.
859-(h) A warrantor may not deny a claim for warranty
860-compensation by a recreational vehicle dealer except for good
861-cause. Good cause includes:
862-(1) performing nonwarranty repairs;
863-(2) material noncompliance with the warrantor's published
864-policies and procedures;
865-(3) lack of material documentation; and
866-(4) fraud or misrepresentation on the part of the recreational
867-vehicle dealer.
868-(i) A recreational vehicle dealer shall submit a warranty claim
869-not later than forty-five (45) days after completing the diagnostic
870-work or warranty service.
871-(j) A recreational vehicle dealer shall notify the warrantor
872-verbally or in writing as soon as is reasonably possible if the
873-recreational vehicle dealer is unable or unwilling to perform a
874-warranty repair.
875-(k) A warrantor shall disapprove a warranty claim in writing
876-not later than forty-five (45) days after the warranty claim is
877-submitted by the recreational vehicle dealer in a manner and form
878-prescribed by the warrantor. A warranty claim not disapproved
879-under this subsection is approved and must be paid not later than
880-sixty (60) days after receiving the submitted warranty claim from
881-the recreational vehicle dealer.
882-(l) A warrantor may ship parts to the dealer to affect the
883-campaign work, and, if such parts are in excess of the dealer's
884-requirements, the dealer may return unused parts to the warrantor
885-for credit after completion of the campaign.
886-(m) A warrantor may not:
887-(1) fail to perform warranty obligations;
888-(2) fail to include the expected date by which parts and
889-equipment will be available to the recreational vehicle dealer
890-to perform warranty services in the written notice of factory
891-campaigns to recreational vehicle owners and recreational
892-vehicle dealers;
893-(3) fail to compensate a recreational vehicle dealer for
894-authorized repairs performed by the recreational vehicle
895-dealer of merchandise damaged during the manufacturing
896-SEA 484 — Concur 22
897-process or in transit to the recreational vehicle dealer, if the
898-carrier is designated by the warrantor;
899-(4) fail to compensate a recreational vehicle dealer for
900-authorized warranty service in accordance with the time
901-allowances set in the schedule of compensation if performed
902-in a timely and competent manner;
903-(5) intentionally misrepresent to purchasers of recreational
904-vehicles that warranties with respect to the manufacture,
905-performance, or design of the recreational vehicle are made
906-by the recreational vehicle dealer as a warrantor or a
907-cowarrantor; or
908-(6) require the recreational vehicle dealer to make warranties
909-to customers in any manner related to the manufacture of the
910-recreational vehicle.
911-(n) A recreational vehicle dealer may not:
912-(1) fail to perform predelivery inspection functions, as
913-specified by the warrantor, in a competent and timely
914-manner;
915-(2) fail to perform warranty services authorized by the
916-warrantor in a reasonably competent and timely manner on
917-a transient customer's recreational vehicle of the same line
918-make unless the recreational vehicle dealer determines that
919-the customer is acting in a manner detrimental to the
920-recreational vehicle dealer's business;
921-(3) fail to track actual time worked to perform warranty
922-services not governed by time allowances in the schedule of
923-compensation;
924-(4) claim an agency relationship with a warrantor, a
925-recreational vehicle manufacturer, or a recreational vehicle
926-distributor; or
927-(5) misrepresent the terms of a warranty.
928-Sec. 30. (a) Notwithstanding the terms of a recreational vehicle
929-dealer agreement, a warrantor may not fail to indemnify, defend,
930-and hold harmless a recreational vehicle dealer against any losses
931-or damages to the extent the losses or damages are caused by the
932-negligence or willful misconduct of the warrantor.
933-(b) A recreational vehicle dealer may not be denied
934-indemnification or a defense for failing to discover, disclose, or
935-remedy a defect in the design or manufacture of the recreational
936-vehicle.
937-(c) A recreational vehicle dealer may not fail to indemnify,
938-defend, and hold harmless the warrantor against any losses or
939-SEA 484 — Concur 23
940-damages to the extent such losses or damages are caused by the
941-negligence or willful misconduct of the recreational vehicle dealer.
942-(d) A recreational vehicle dealer shall provide to the warrantor
943-a copy of any suit in which allegations are made against the
944-warrantor not later than ten (10) days after receiving written
945-notice of the suit.
946-(e) Indemnification includes court costs, reasonable attorney's
947-fees, and expert witness fees incurred by the recreational vehicle
948-dealer.
949-(f) Subsections (a) through (e) apply after a recreational vehicle
950-is titled.
951-(g) A warrantor shall provide to the recreational vehicle dealer
952-a copy of any suit in which allegations are made against the
953-warrantor not later than ten (10) days after receiving notice of the
954-suit.
955-Sec. 31. (a) A recreational vehicle dealer, recreational vehicle
956-manufacturer, recreational vehicle distributor, or warrantor
957-injured by another party's violation of this chapter may bring a
958-civil action in a circuit court or superior court having jurisdiction
959-in the county in which the recreational vehicle dealer is located to
960-recover actual damages.
961-(b) In an action involving more than one (1) recreational vehicle
962-dealer, the venue shall be in any county in which at least one (1) of
963-the recreational vehicle dealers that is a party to the action is
964-located.
965-(c) This subsection does not apply to a civil action for injunctive
966-relief. Before bringing a civil action under this section, the party
967-must serve a written demand for mediation on the offending party
968-as follows:
969-(1) A demand for mediation shall be served upon the
970-offending party via certified mail at the address stated within
971-the recreational vehicle dealer agreement or, if the address is
972-not contained in the recreational vehicle dealer agreement or
973-the address is no longer valid, the address on the offending
974-party's license filed with the secretary. In the event of a civil
975-action between two (2) recreational vehicle dealers, the
976-demand must be mailed to the address on the recreational
977-vehicle dealer's license filed with the secretary.
978-(2) A demand for mediation must contain a brief statement of
979-the dispute and the relief sought by the party filing the
980-demand.
981-(3) Not later than twenty (20) days after the date a demand
982-SEA 484 — Concur 24
983-for mediation is served, the parties shall mutually select an
984-independent mediator and meet with the mediator. The
985-meeting must take place in Indiana in a location selected by
986-the mediator. The mediator may extend the date of the
987-meeting for good cause shown by either party or upon
988-stipulation of both parties.
989-(d) Serving a demand for mediation acts as an agreement to stay
990-the filing of a civil action for a violation of this chapter until after
991-the parties have met with the mediator. If a civil action is filed
992-before the meeting with the mediator, the court shall enter an
993-order suspending the civil action until the meeting with the
994-mediator has occurred. The court may, upon written stipulation of
995-the parties, enter an order suspending the civil action for as long
996-as the court considers appropriate if the parties wish to continue
997-mediation.
998-(e) The parties to the mediation each bear the cost of attorney's
999-fees and must divide the cost of the mediator equally.
1000-(f) In addition to the remedies provided in this section and
1001-notwithstanding the existence of an additional remedy at law, a
1002-recreational vehicle dealer, recreational vehicle manufacturer, or
1003-recreational vehicle distributor may apply to a circuit court or
1004-superior court having jurisdiction over the claim, upon a hearing
1005-and for good cause shown, for a temporary or permanent
1006-injunction, or both, to restrain a party from violating or continuing
1007-to violate a provision of this chapter or from failing or refusing to
1008-comply with the requirements of this chapter. An injunction under
1009-this subsection must be issued without bond. A single act in
1010-violation of the provisions of this chapter is sufficient to authorize
1011-the issuance of an injunction under this subsection.
1012-Sec. 32. (a) The secretary may suspend or revoke the license of
1013-a recreational vehicle manufacturer, recreational vehicle
1014-distributor, or recreational vehicle dealer upon a finding of a
1015-violation of this chapter.
1016-(b) A person that violates this chapter, a rule established under
1017-this article, or an order issued by the secretary under this chapter
1018-is subject to a civil penalty of up to one thousand dollars ($1,000)
1019-for each violation. Civil penalties recovered under this section shall
1020-be paid to the state and deposited into the dealer enforcement
1021-account established by IC 9-32-7-2.
1022-SEA 484 — Concur President of the Senate
1023-President Pro Tempore
1024-Speaker of the House of Representatives
1025-Governor of the State of Indiana
1026-Date: Time:
1027-SEA 484 — Concur
39+1 SECTION 1. IC 9-13-2-5.2 IS ADDED TO THE INDIANA CODE
40+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41+3 1, 2025]: Sec. 5.2. "Area of sales responsibility", for purposes of
42+4 IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in
43+5 IC 9-32-19-2.
44+6 SECTION 2. IC 9-13-2-18.3 IS ADDED TO THE INDIANA CODE
45+7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
46+8 1, 2025]: Sec. 18.3. "Camping trailer", for purposes of section 150
47+9 of this chapter and IC 9-32-19, has the meaning set forth in
48+10 IC 9-32-19-3.
49+11 SECTION 3. IC 9-13-2-28.2 IS ADDED TO THE INDIANA CODE
50+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51+13 1, 2025]: Sec. 28.2. "Coerce", for purposes of IC 9-32-19, has the
52+14 meaning set forth in IC 9-32-19-4.
53+15 SECTION 4. IC 9-13-2-43 IS AMENDED TO READ AS
54+16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 43. (a) "Designated
55+17 family member", except as provided in subsection (b), means the
56+ES 484—LS 7379/DI 151 2
57+1 following:
58+2 (1) A franchisee's spouse, child, grandchild, parent, or sibling
59+3 who has been nominated as the franchisee's successor under a
60+4 written document filed by the franchisee with the franchisor.
61+5 (b) (2) If no such document has been filed, the term means a
62+6 franchisee's spouse, child, grandchild, parent, or sibling who:
63+7 (1) (A) if the franchisee is deceased, is entitled to inherit the
64+8 franchisee's ownership interest in the franchisee's business
65+9 under the franchisee's will or under the laws of intestate
66+10 succession; or
67+11 (2) (B) if the franchisee is incapacitated, is appointed by the
68+12 court as the legal representative of the franchisee's property.
69+13 (c) (3) If a franchisee is deceased, the term includes the appointed
70+14 and qualified personal representative and testamentary trustee of
71+15 the deceased franchisee.
72+16 (b) "Designated family member", for purposes of IC 9-32-19,
73+17 has the meaning set forth in IC 9-32-19-5.
74+18 SECTION 5. IC 9-13-2-52.9 IS ADDED TO THE INDIANA CODE
75+19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
76+20 1, 2025]: Sec. 52.9. "Factory campaign", for purposes of
77+21 IC 9-32-19, has the meaning set forth in IC 9-32-19-6.
78+22 SECTION 6. IC 9-13-2-62.3 IS ADDED TO THE INDIANA CODE
79+23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
80+24 1, 2025]: Sec. 62.3. "Fifth wheel travel trailer", for purposes of
81+25 section 150 of this chapter and IC 9-32-19, has the meaning set
82+26 forth in IC 9-32-19-7.
83+27 SECTION 7. IC 9-13-2-93.5 IS AMENDED TO READ AS
84+28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 93.5. (a) "Line make",
85+29 except as provided in subsection (b), means the name given by a
86+30 manufacturer to a line of motor vehicles to distinguish it as produced
87+31 or sold by the manufacturer and that may be used and protected as a
88+32 trademark.
89+33 (b) "Line make", for purposes of IC 9-32-11-25 and IC 9-32-19,
90+34 has the meaning set forth in IC 9-32-19-8.
91+35 SECTION 8. IC 9-13-2-96, AS AMENDED BY P.L.198-2016,
92+36 SECTION 128, IS AMENDED TO READ AS FOLLOWS
93+37 [EFFECTIVE JULY 1, 2025]: Sec. 96. (a) "Manufactured home"
94+38 means, except as provided in subsections (b) and (c), a structure that:
95+39 (1) is assembled in a factory;
96+40 (2) bears a seal certifying that it was built in compliance with the
97+41 federal Manufactured Housing Construction and Safety Standards
98+42 Law (42 U.S.C. 5401 et seq.);
99+ES 484—LS 7379/DI 151 3
100+1 (3) is designed to be transported from the factory to another site
101+2 in one (1) or more units;
102+3 (4) is suitable for use as a dwelling in any season; and
103+4 (5) is more than thirty-five (35) feet long.
104+5 The term does not include a vehicle described in section 150(2)
105+6 150(a)(2) of this chapter.
106+7 (b) "Manufactured home", for purposes of IC 9-17-6, means either
107+8 of the following:
108+9 (1) A structure having the meaning set forth in the federal
109+10 Manufactured Housing Construction and Safety Standards Law of
110+11 1974 (42 U.S.C. 5401 et seq.).
111+12 (2) A mobile home.
112+13 This subsection expires June 30, 2016.
113+14 (c) "Manufactured home", for purposes of IC 9-22-1.7, has the
114+15 meaning set forth in IC 9-22-1.7-2.
115+16 SECTION 9. IC 9-13-2-103.6 IS ADDED TO THE INDIANA
116+17 CODE AS A NEW SECTION TO READ AS FOLLOWS
117+18 [EFFECTIVE JULY 1, 2025]: Sec. 103.6. "Model", for purposes of
118+19 IC 9-32-19, has the meaning set forth in IC 9-32-19-9.
119+20 SECTION 10. IC 9-13-2-104.5 IS ADDED TO THE INDIANA
120+21 CODE AS A NEW SECTION TO READ AS FOLLOWS
121+22 [EFFECTIVE JULY 1, 2025]: Sec. 104.5. "Motor home", for
122+23 purposes of section 150 of this chapter and IC 9-32-19, has the
123+24 meaning set forth in IC 9-32-19-10.
124+25 SECTION 11. IC 9-13-2-139.5 IS ADDED TO THE INDIANA
125+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
126+27 [EFFECTIVE JULY 1, 2025]: Sec. 139.5. "Proprietary part", for
127+28 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-12.
128+29 SECTION 12. IC 9-13-2-150, AS AMENDED BY P.L.198-2016,
129+30 SECTION 159, IS AMENDED TO READ AS FOLLOWS
130+31 [EFFECTIVE JULY 1, 2025]: Sec. 150. (a) "Recreational vehicle"
131+32 means a vehicle with or without motive power equipped exclusively for
132+33 living quarters for persons traveling upon the highways. The term:
133+34 (1) does not include:
134+35 (A) a truck camper; or
135+36 (B) a mobile structure (as defined in IC 22-12-1-17); and
136+37 (2) does include a vehicle that:
137+38 (A) is designed and marketed as temporary living quarters for
138+39 recreational, camping, travel, or seasonal use;
139+40 (B) is not permanently affixed to real property for use as a
140+41 permanent dwelling;
141+42 (C) is built on a single chassis and mounted on wheels;
142+ES 484—LS 7379/DI 151 4
143+1 (D) does not exceed four hundred (400) square feet of gross
144+2 area; and
145+3 (E) is certified by the manufacturer as complying with the
146+4 American National Standards Institute A119.5 standard.
147+5 A vehicle described in this subdivision may commonly be
148+6 referred to as a "park model RV".
149+7 (b) "Recreational vehicle", for purposes of IC 9-32-19, includes
150+8 a motor home, fifth wheel travel trailer, park model trailer, travel
151+9 trailer, camping trailer, and truck camper.
152+10 SECTION 13. IC 9-13-2-150.1 IS ADDED TO THE INDIANA
153+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
154+12 [EFFECTIVE JULY 1, 2025]: Sec. 150.1. "Recreational vehicle
155+13 dealer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the
156+14 meaning set forth in IC 9-32-19-13.
157+15 SECTION 14. IC 9-13-2-150.2 IS ADDED TO THE INDIANA
158+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
159+17 [EFFECTIVE JULY 1, 2025]: Sec. 150.2. "Recreational vehicle
160+18 dealer agreement", for purposes of IC 9-32-19, has the meaning set
161+19 forth in IC 9-32-19-14.
162+20 SECTION 15. IC 9-13-2-150.4 IS ADDED TO THE INDIANA
163+21 CODE AS A NEW SECTION TO READ AS FOLLOWS
164+22 [EFFECTIVE JULY 1, 2025]: Sec. 150.4. "Recreational vehicle
165+23 distributor", for purposes of IC 9-32-19, has the meaning set forth
166+24 in IC 9-32-19-15.
167+25 SECTION 16. IC 9-13-2-150.6 IS ADDED TO THE INDIANA
168+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
169+27 [EFFECTIVE JULY 1, 2025]: Sec. 150.6. "Recreational vehicle
170+28 manufacturer", for purposes of IC 9-32-11-25 and IC 9-32-19, has
171+29 the meaning set forth in IC 9-32-19-16.
172+30 SECTION 17. IC 9-13-2-186.1 IS ADDED TO THE INDIANA
173+31 CODE AS A NEW SECTION TO READ AS FOLLOWS
174+32 [EFFECTIVE JULY 1, 2025]: Sec. 186.1. "Transient customer", for
175+33 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-17.
176+34 SECTION 18. IC 9-13-2-187.3 IS ADDED TO THE INDIANA
177+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
178+36 [EFFECTIVE JULY 1, 2025]: Sec. 187.3. "Travel trailer", for
179+37 purposes of section 150 of this chapter and IC 9-32-19, has the
180+38 meaning set forth in IC 9-32-19-18.
181+39 SECTION 19. IC 9-13-2-198.3 IS ADDED TO THE INDIANA
182+40 CODE AS A NEW SECTION TO READ AS FOLLOWS
183+41 [EFFECTIVE JULY 1, 2025]: Sec. 198.3. "Warrantor", for purposes
184+42 of IC 9-32-19, has the meaning set forth in IC 9-32-19-19.
185+ES 484—LS 7379/DI 151 5
186+1 SECTION 20. IC 9-32-2.1-2.5 IS ADDED TO THE INDIANA
187+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
188+3 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Area of sales
189+4 responsibility", for purposes of IC 9-32-11-25 and IC 9-32-19, has
190+5 the meaning set forth in IC 9-32-19-2.
191+6 SECTION 21. IC 9-32-2.1-7.8 IS ADDED TO THE INDIANA
192+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
193+8 [EFFECTIVE JULY 1, 2025]: Sec. 7.8. "Camping trailer", for
194+9 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-3.
195+10 SECTION 22. IC 9-32-2.1-8.3 IS ADDED TO THE INDIANA
196+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
197+12 [EFFECTIVE JULY 1, 2025]: Sec. 8.3. "Coerce", for purposes of
198+13 IC 9-32-19, has the meaning set forth in IC 9-32-19-4.
199+14 SECTION 23. IC 9-32-2.1-12.5 IS ADDED TO THE INDIANA
200+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
201+16 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) "Designated family
202+17 member", except as provided in subsection (b), has the meaning set
203+18 forth in IC 9-13-2-43(a).
204+19 (b) "Designated family member", for purposes of IC 9-32-19,
205+20 has the meaning set forth in IC 9-32-19-5.
206+21 SECTION 24. IC 9-32-2.1-21.5 IS ADDED TO THE INDIANA
207+22 CODE AS A NEW SECTION TO READ AS FOLLOWS
208+23 [EFFECTIVE JULY 1, 2025]: Sec. 21.5. "Factory campaign", for
209+24 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-6.
210+25 SECTION 25. IC 9-32-2.1-21.8 IS ADDED TO THE INDIANA
211+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
212+27 [EFFECTIVE JULY 1, 2025]: Sec. 21.8. "Fifth wheel travel trailer",
213+28 for purposes of IC 9-32-19, has the meaning set forth in
214+29 IC 9-32-19-7.
215+30 SECTION 26. IC 9-32-2.1-28.5 IS ADDED TO THE INDIANA
216+31 CODE AS A NEW SECTION TO READ AS FOLLOWS
217+32 [EFFECTIVE JULY 1, 2025]: Sec. 28.5. (a) "Line make", except as
218+33 provided in subsection (b), has the meaning set forth in
219+34 IC 9-13-2-93.5(a).
220+35 (b) "Line make", for purposes of IC 9-32-11-25 and IC 9-32-19,
221+36 has the meaning set forth in IC 9-32-19-8.
222+37 SECTION 27. IC 9-32-2.1-31.5 IS ADDED TO THE INDIANA
223+38 CODE AS A NEW SECTION TO READ AS FOLLOWS
224+39 [EFFECTIVE JULY 1, 2025]: Sec. 31.5. "Model", for purposes of
225+40 IC 9-32-19, has the meaning set forth in IC 9-32-19-9.
226+41 SECTION 28. IC 9-32-2.1-31.8 IS ADDED TO THE INDIANA
227+42 CODE AS A NEW SECTION TO READ AS FOLLOWS
228+ES 484—LS 7379/DI 151 6
229+1 [EFFECTIVE JULY 1, 2025]: Sec. 31.8. "Motor home", for
230+2 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-10.
231+3 SECTION 29. IC 9-32-2.1-33, AS ADDED BY P.L.104-2024,
232+4 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
233+5 JULY 1, 2025]: Sec. 33. (a) "Person", except as provided in
234+6 subsection (b), does not include the state, an agency of the state, or a
235+7 municipal corporation.
236+8 (b) "Person", for purposes of IC 9-32-19, has the meaning set
237+9 forth in IC 9-13-2-124.
238+10 SECTION 30. IC 9-32-2.1-34.2 IS ADDED TO THE INDIANA
239+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
240+12 [EFFECTIVE JULY 1, 2025]: Sec. 34.2. "Proprietary part", for
241+13 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-12.
242+14 SECTION 31. IC 9-32-2.1-34.5 IS ADDED TO THE INDIANA
243+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
244+16 [EFFECTIVE JULY 1, 2025]: Sec. 34.5. "Recreational vehicle
245+17 dealer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the
246+18 meaning set forth in IC 9-32-19-13.
247+19 SECTION 32. IC 9-32-2.1-34.6 IS ADDED TO THE INDIANA
248+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
249+21 [EFFECTIVE JULY 1, 2025]: Sec. 34.6. "Recreational vehicle dealer
250+22 agreement", for purposes of IC 9-32-19, has the meaning set forth
251+23 in IC 9-32-19-14.
252+24 SECTION 33. IC 9-32-2.1-34.7 IS ADDED TO THE INDIANA
253+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
254+26 [EFFECTIVE JULY 1, 2025]: Sec. 34.7. "Recreational vehicle
255+27 distributor", for purposes of IC 9-32-19, has the meaning set forth
256+28 in IC 9-32-19-15.
257+29 SECTION 34. IC 9-32-2.1-34.8 IS ADDED TO THE INDIANA
258+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
259+31 [EFFECTIVE JULY 1, 2025]: Sec. 34.8. "Recreational vehicle
260+32 manufacturer", for purposes of IC 9-32-11-25 and IC 9-32-19, has
261+33 the meaning set forth in IC 9-32-19-16.
262+34 SECTION 35. IC 9-32-2.1-40.3 IS ADDED TO THE INDIANA
263+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
264+36 [EFFECTIVE JULY 1, 2025]: Sec. 40.3. "Transient customer", for
265+37 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-17.
266+38 SECTION 36. IC 9-32-2.1-41.5 IS ADDED TO THE INDIANA
267+39 CODE AS A NEW SECTION TO READ AS FOLLOWS
268+40 [EFFECTIVE JULY 1, 2025]: Sec. 41.5. "Travel trailer", for
269+41 purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-18.
270+42 SECTION 37. IC 9-32-2.1-45.5 IS ADDED TO THE INDIANA
271+ES 484—LS 7379/DI 151 7
272+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
273+2 [EFFECTIVE JULY 1, 2025]: Sec. 45.5. "Warrantor", for purposes
274+3 of IC 9-32-19, has the meaning set forth in IC 9-32-19-19.
275+4 SECTION 38. IC 9-32-7-2, AS AMENDED BY P.L.120-2020,
276+5 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277+6 JULY 1, 2025]: Sec. 2. (a) The dealer enforcement account is
278+7 established as a separate account to be administered by the secretary.
279+8 (b) The dealer enforcement account consists of money deposited
280+9 pursuant to:
281+10 (1) IC 9-32-4-1(d);
282+11 (2) IC 9-32-16-1(f);
283+12 (3) IC 9-32-16-13(d);
284+13 (4) IC 9-32-17-1;
285+14 (5) IC 9-32-17-7; and
286+15 (6) IC 9-32-17-9; and
287+16 (7) IC 9-32-19-32.
288+17 The funds in the account shall be available, with the approval of the
289+18 budget agency, for use to augment and supplement the funds
290+19 appropriated for the administration of this article.
291+20 (c) The treasurer of state shall invest the money in the dealer
292+21 enforcement account not currently needed to meet the obligations of
293+22 the account in the same manner as other public money may be invested.
294+23 Interest that accrues from these investments shall be deposited into the
295+24 account.
296+25 (d) Money in the dealer enforcement account at the end of the state
297+26 fiscal year does not revert to the state general fund.
298+27 (e) Money in the dealer enforcement account is continuously
299+28 appropriated to the secretary for the purposes of the account.
300+29 SECTION 39. IC 9-32-11-25 IS ADDED TO THE INDIANA
301+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
302+31 [EFFECTIVE JULY 1, 2025]: Sec. 25. (a) This section applies to a
303+32 recreational vehicle show held on a Sunday.
304+33 (b) A recreational vehicle show must include two (2) or more
305+34 recreational vehicle dealers and occur offsite from a recreational
306+35 vehicle dealer's place of business.
307+36 (c) At a recreational vehicle show, a recreational vehicle dealer
308+37 may display or sell a line make only in the recreational vehicle
309+38 dealer's area of sales responsibility.
310+39 (d) If a recreational vehicle dealer fails to provide adequate
311+40 representation at a recreational vehicle show, a recreational
312+41 vehicle manufacturer may assign the rights to participate in the
313+42 sanctioned recreational vehicle show to another recreational
314+ES 484—LS 7379/DI 151 8
315+1 vehicle dealer.
316+2 (e) A recreational vehicle manufacturer may designate
317+3 recreational vehicle dealer participation in recreational vehicle
318+4 shows and rallies. However, for a recreational vehicle show that
319+5 occurs in a recreational vehicle dealer's area of sales responsibility,
320+6 the recreational vehicle dealer shall be given an exclusive right to
321+7 participate.
322+8 (f) A recreational vehicle dealer may sell or offer to sell, directly
323+9 or indirectly, recreational vehicles on Sundays, if the dealer is
324+10 participating in a recreational vehicle show.
325+11 SECTION 40. IC 9-32-19 IS ADDED TO THE INDIANA CODE
326+12 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
327+13 JULY 1, 2025]:
328+14 Chapter 19. Recreational Vehicle Dealer Agreements
329+15 Sec. 1. This chapter applies to a written agreement between a
330+16 recreational vehicle manufacturer or recreational vehicle
331+17 distributor and a recreational vehicle dealer licensed by the
332+18 secretary under this article, unless otherwise provided by a written
333+19 agreement.
334+20 Sec. 2. As used in this chapter, "area of sales responsibility"
335+21 means the geographical area within which a recreational vehicle
336+22 dealer has the exclusive right to display or sell the manufacturer's
337+23 new recreational vehicles of a particular line make to the retail
338+24 public.
339+25 Sec. 3. As used in this chapter, "camping trailer" means a motor
340+26 vehicle that contains a collapsible structure mounted on wheels
341+27 that is towed by a motor vehicle and provides living quarters for
342+28 recreational use, camping, or traveling.
343+29 Sec. 4. As used in this chapter, "coerce" means threatening to:
344+30 (1) terminate, cancel, or refuse to renew a recreational vehicle
345+31 dealer agreement without good cause; or
346+32 (2) withhold product lines or delay product delivery in order
347+33 to obtain an amendment to a recreational vehicle dealer
348+34 agreement.
349+35 Sec. 5. As used in this chapter, "designated family member"
350+36 means the:
351+37 (1) spouse;
352+38 (2) child;
353+39 (3) grandchild;
354+40 (4) parent;
355+41 (5) sibling;
356+42 (6) niece;
357+ES 484—LS 7379/DI 151 9
358+1 (7) nephew; or
359+2 (8) spouse of an individual under subdivision (2) through (7);
360+3 of a recreational vehicle dealer who has been nominated as the
361+4 successor for the recreational vehicle dealer under a written
362+5 agreement filed by the recreational vehicle dealer with the
363+6 recreational vehicle manufacturer or recreational vehicle
364+7 distributor.
365+8 Sec. 6. As used in this chapter, "factory campaign" means the
366+9 effort on the part of a warrantor to contact recreational vehicle
367+10 owners or recreational vehicle dealers to address an issue with a
368+11 part or the equipment of a particular line make or model of a
369+12 recreational vehicle.
370+13 Sec. 7. As used in this chapter, "fifth wheel travel trailer" means
371+14 a motor vehicle mounted on wheels that provides living quarters
372+15 for recreational use, travel, or camping and does not require a
373+16 special highway permit. A fifth wheel travel trailer is designed to
374+17 be towed by a motor vehicle that contains a towing mechanism
375+18 mounted above or forward of the rear axle of the tow vehicle.
376+19 Sec. 8. As used in this chapter, "line make" means the specific
377+20 series of recreational vehicle that:
378+21 (1) is identified by a common series trade name or trademark;
379+22 (2) the recreational vehicle dealer agreement authorizes a
380+23 recreational vehicle dealer to sell;
381+24 (3) is targeted to a particular market segment as determined
382+25 by the decor, features, equipment, size, weight, and price of
383+26 the recreational vehicle;
384+27 (4) has lengths and interior floor plans that distinguish the
385+28 recreational vehicle from another recreational vehicle of
386+29 similar decor, features, equipment, size, weight, and price;
387+30 and
388+31 (5) belongs to a single, distinct classification of recreational
389+32 vehicles with a substantial degree of commonality in the
390+33 construction of the chassis, frame, and body of the
391+34 recreational vehicle.
392+35 Sec. 9. As used in this chapter, "model" means a series of a
393+36 recreational vehicle that is a subset of a line make and is identified
394+37 by a common series trade name or trademark.
395+38 Sec. 10. As used in this chapter, "motor home" means a
396+39 self-propelled, driveable motor vehicle that contains a motorized
397+40 chassis and provides temporary living quarters for recreational use
398+41 or travel.
399+42 Sec. 11. As used in this chapter, "person" has the meaning set
400+ES 484—LS 7379/DI 151 10
401+1 forth in IC 9-13-2-124.
402+2 Sec. 12. As used in this chapter, "proprietary part" means a
403+3 part for a recreational vehicle that is:
404+4 (1) manufactured by or for the recreational vehicle
405+5 manufacturer; and
406+6 (2) sold exclusively by the recreational vehicle manufacturer.
407+7 Sec. 13. As used in this chapter, "recreational vehicle dealer"
408+8 means a person that is required to be licensed by the secretary to
409+9 sell new recreational vehicles under this chapter, or the officers,
410+10 agents, or employees of the person.
411+11 Sec. 14. As used in this chapter, "recreational vehicle dealer
412+12 agreement" means a written instrument between a recreational
413+13 vehicle manufacturer or recreational vehicle distributor and a
414+14 recreational vehicle dealer that determines the rights and
415+15 responsibilities of the parties under which the recreational vehicle
416+16 dealer sells recreational vehicles in the area of sales responsibility.
417+17 Sec. 15. As used in this chapter, "recreational vehicle
418+18 distributor" means a person, other than a recreational vehicle
419+19 manufacturer, that is engaged in the business of selling new
420+20 recreational vehicles to recreational vehicle dealers in the state, or
421+21 the officers, agents, or employees of the person.
422+22 Sec. 16. As used in this chapter, "recreational vehicle
423+23 manufacturer" means a person that engages in the business of
424+24 manufacturing, constructing, or assembling new recreational
425+25 vehicles.
426+26 Sec. 17. As used in this chapter, "transient customer" means an
427+27 individual who is temporarily traveling through a recreational
428+28 vehicle dealer's area of sales responsibility.
429+29 Sec. 18. As used in this chapter, "travel trailer" means a motor
430+30 vehicle mounted on wheels that provides living quarters for
431+31 recreational use, travel, or camping and does not require a special
432+32 highway permit when towed by a motor vehicle.
433+33 Sec. 19. (a) As used in this chapter, "warrantor" means a person
434+34 that gives a warranty in connection with a new recreational vehicle
435+35 or the parts, accessories, or components of the new recreational
436+36 vehicle.
437+37 (b) The term does not include service contracts, mechanical or
438+38 other insurance, or extended warranties sold for separate
439+39 consideration by a recreational vehicle dealer or any other person
440+40 that does not have a written agreement with a recreational vehicle
441+41 manufacturer or recreational vehicle distributor.
442+42 Sec. 20. (a) Except as otherwise provided by law, a recreational
443+ES 484—LS 7379/DI 151 11
444+1 vehicle manufacturer or recreational vehicle distributor may not
445+2 sell recreational vehicles in Indiana to a recreational vehicle dealer
446+3 unless the parties enter into a written recreational vehicle dealer
447+4 agreement under this chapter.
448+5 (b) Except as otherwise provided by law, a recreational vehicle
449+6 dealer may not sell a new recreational vehicle in Indiana unless the
450+7 parties enter into a written recreational vehicle dealer agreement
451+8 with a recreational vehicle manufacturer or recreational vehicle
452+9 distributor.
453+10 (c) The recreational vehicle manufacturer or recreational
454+11 vehicle distributor shall designate the area of sales responsibility
455+12 exclusively assigned to the recreational vehicle dealer in the
456+13 recreational vehicle dealer agreement, and a recreational vehicle
457+14 dealer may not sell outside the area of sales responsibility listed in
458+15 the recreational vehicle dealer agreement.
459+16 (d) Without the consent of the parties, the recreational vehicle
460+17 manufacturer or recreational vehicle distributor may not review
461+18 or change the area of sales responsibility designated under
462+19 subsection (c) for a duration that shall be stated in the written
463+20 recreational vehicle dealer agreement.
464+21 (e) The recreational vehicle manufacturer or recreational
465+22 vehicle distributor may not contract with another recreational
466+23 vehicle dealer for the sale of the same line make in the area of sales
467+24 responsibility designated to the recreational vehicle dealer under
468+25 subsection (c) for the duration of the recreational vehicle dealer
469+26 agreement.
470+27 (f) A recreational vehicle manufacturer may not issue a policy
471+28 or procedure that violates or substantially alters a provision of the
472+29 recreational vehicle dealer agreement for the duration of the
473+30 recreational vehicle dealer agreement.
474+31 (g) A recreational vehicle manufacturer shall distribute new
475+32 recreational vehicles to recreational vehicle dealers in a fair and
476+33 equitable manner.
477+34 (h) A recreational vehicle manufacturer shall agree to provide
478+35 to a recreational vehicle dealer adequate technical data to perform
479+36 proper service and repairs.
480+37 Sec. 21. (a) A recreational vehicle manufacturer or recreational
481+38 vehicle distributor may not terminate, cancel, or refuse to renew
482+39 all or part of a recreational vehicle dealer agreement without good
483+40 cause.
484+41 (b) The burden of proof to show good cause is on the
485+42 recreational vehicle manufacturer or recreational vehicle
486+ES 484—LS 7379/DI 151 12
487+1 distributor that is a party to the recreational vehicle dealer
488+2 agreement.
489+3 (c) The following factors may be considered as proof to show
490+4 good cause under this section:
491+5 (1) The extent of the recreational vehicle dealer's permeation
492+6 into the area of sales responsibility.
493+7 (2) The nature and extent of the recreational vehicle dealer's
494+8 investment in the recreational vehicle dealer's business.
495+9 (3) The adequacy of the recreational vehicle dealer's service
496+10 facilities, equipment, parts, supplies, and personnel.
497+11 (4) The effect of the proposed termination, cancellation, or
498+12 refusal to renew the recreational vehicle dealer agreement on
499+13 the community.
500+14 (5) The extent and quality of the recreational vehicle dealer's
501+15 warranty services.
502+16 (6) The recreational vehicle dealer's failure to follow agreed
503+17 upon procedures and standards for the overall operation of
504+18 the recreational vehicle dealer consistent with Indiana law
505+19 and the recreational vehicle dealer agreement.
506+20 (7) The recreational vehicle dealer's performance of the terms
507+21 of the recreational vehicle dealer agreement.
508+22 (d) Except as otherwise provided in this chapter, a recreational
509+23 vehicle manufacturer or recreational vehicle distributor shall
510+24 provide written notice to a recreational vehicle dealer at least one
511+25 hundred twenty (120) days before the recreational vehicle
512+26 manufacturer or recreational vehicle distributor terminates,
513+27 cancels, or refuses to renew a recreational vehicle dealer
514+28 agreement for good cause.
515+29 (e) A written notice under subsection (d) must provide the
516+30 recreational vehicle dealer with all of the reasons the recreational
517+31 vehicle manufacturer or recreational vehicle distributor intends to
518+32 terminate, cancel, or refuse to renew the recreational vehicle dealer
519+33 agreement.
520+34 (f) Not later than thirty (30) days after receiving the written
521+35 notice under subsection (d), if the recreational vehicle dealer
522+36 provides the recreational vehicle manufacturer or recreational
523+37 vehicle distributor with written notice of the intent to cure all
524+38 claimed deficiencies, the recreational vehicle dealer must cure the
525+39 claimed deficiencies not later than one hundred twenty (120) days
526+40 after receiving the written notice.
527+41 (g) If the recreational vehicle dealer cures the claimed
528+42 deficiencies under subsection (f), the recreational vehicle
529+ES 484—LS 7379/DI 151 13
530+1 manufacturer or recreational vehicle distributor may not
531+2 terminate, cancel, or refuse to renew the recreational vehicle dealer
532+3 agreement.
533+4 (h) The recreational vehicle manufacturer or recreational
534+5 vehicle distributor may terminate, cancel, or refuse to renew the
535+6 recreational vehicle dealer agreement:
536+7 (1) thirty (30) days after receipt of the written notice under
537+8 subsection (d), if the recreational vehicle dealer fails to
538+9 provide the recreational vehicle manufacturer or recreational
539+10 vehicle distributor with written notice of the recreational
540+11 vehicle dealer's intent to cure the claimed deficiencies; or
541+12 (2) one hundred twenty (120) days after receipt of the written
542+13 notice under subsection (d), if the recreational vehicle dealer
543+14 fails to cure the claimed deficiencies not later than one
544+15 hundred twenty (120) days after receiving the written notice.
545+16 (i) The written notice period under subsection (d) may be
546+17 reduced to thirty (30) days if the reason for terminating, canceling,
547+18 or refusing to renew the recreational vehicle dealer agreement
548+19 under this section is because of one (1) or more of the following
549+20 factors:
550+21 (1) A recreational vehicle dealer is:
551+22 (A) convicted of; or
552+23 (B) entering a plea of nolo contendere to;
553+24 a felony offense.
554+25 (2) The recreational vehicle dealer has abandoned or closed
555+26 business operations for at least ten (10) consecutive business
556+27 days, unless the abandonment or closure is due to:
557+28 (A) an act of God;
558+29 (B) a strike;
559+30 (C) labor difficulty; or
560+31 (D) a cause that is outside of the control of the recreational
561+32 vehicle dealer.
562+33 (3) A significant misrepresentation by the recreational vehicle
563+34 dealer was made that materially affects the business
564+35 relationship between the recreational vehicle dealer and the
565+36 recreational vehicle manufacturer or recreational vehicle
566+37 distributor.
567+38 (4) The secretary has suspended, revoked, or refused to renew
568+39 the license of the recreational vehicle dealer.
569+40 (j) The written notice provisions under this section do not apply
570+41 if the reason for terminating, canceling, or refusing to renew the
571+42 recreational vehicle dealer agreement is a declaration of:
572+ES 484—LS 7379/DI 151 14
573+1 (1) insolvency;
574+2 (2) an assignment for the benefit of a creditor; or
575+3 (3) bankruptcy;
576+4 of the recreational vehicle dealer.
577+5 Sec. 22. (a) A recreational vehicle dealer may terminate, cancel,
578+6 or fail to renew all or part of a recreational vehicle dealer
579+7 agreement at any time by giving at least thirty (30) days written
580+8 notice to the recreational vehicle manufacturer or recreational
581+9 vehicle distributor that is a party to the recreational vehicle dealer
582+10 agreement.
583+11 (b) If the termination, cancellation, or nonrenewal is for good
584+12 cause, then the recreational vehicle dealer has the burden of proof
585+13 to show good cause.
586+14 (c) The following factors may be considered as proof to show
587+15 good cause under this section:
588+16 (1) A recreational vehicle manufacturer or recreational
589+17 vehicle distributor:
590+18 (A) is convicted of; or
591+19 (B) enters a plea of nolo contendere;
592+20 to a felony offense.
593+21 (2) The recreational vehicle manufacturer or recreational
594+22 vehicle distributor has abandoned or closed business
595+23 operations for at least ten (10) consecutive business days,
596+24 unless the abandonment or closure is due to:
597+25 (A) an act of God;
598+26 (B) a strike;
599+27 (C) labor difficulty; or
600+28 (D) another cause that is not within the control of the
601+29 recreational vehicle manufacturer or recreational vehicle
602+30 distributor.
603+31 (3) A significant misrepresentation by the recreational vehicle
604+32 manufacturer or recreational vehicle distributor was made
605+33 that materially affects the business relationship with the
606+34 recreational vehicle dealer.
607+35 (4) A material violation of the recreational vehicle dealer
608+36 agreement occurred by the recreational vehicle manufacturer
609+37 or recreational vehicle distributor, which is not cured not
610+38 later than one hundred twenty (120) days after receiving
611+39 written notice of the violation.
612+40 (5) A declaration of:
613+41 (A) insolvency;
614+42 (B) assignment for the benefit of creditors; or
615+ES 484—LS 7379/DI 151 15
616+1 (C) bankruptcy;
617+2 of the recreational vehicle manufacturer or recreational
618+3 vehicle distributor.
619+4 (6) Coercion committed by the recreational vehicle
620+5 manufacturer or recreational vehicle distributor.
621+6 (7) A violation of area of sales responsibility protections, or
622+7 allowing other recreational vehicle dealers to violate such
623+8 protections.
624+9 Sec. 23. (a) A recreational vehicle manufacturer or recreational
625+10 vehicle distributor may not coerce or attempt to coerce a
626+11 recreational vehicle dealer to:
627+12 (1) purchase a product that the recreational vehicle dealer did
628+13 not order;
629+14 (2) enter into a recreational vehicle dealer agreement with the
630+15 recreational vehicle manufacturer or recreational vehicle
631+16 distributor;
632+17 (3) take an action that is unfair or unreasonable to the
633+18 recreational vehicle dealer;
634+19 (4) enter into a recreational vehicle dealer agreement that
635+20 requires the recreational vehicle dealer to submit disputes to
636+21 binding arbitration or otherwise waive rights or
637+22 responsibilities provided under this chapter; or
638+23 (5) forego exercising a right authorized by a recreational
639+24 vehicle dealer agreement or this chapter.
640+25 (b) The recreational vehicle dealer bears the burden of proving
641+26 coercion under this section.
642+27 Sec. 24. (a) If a recreational vehicle dealer terminates, cancels,
643+28 or refuses to renew the recreational vehicle dealer agreement for
644+29 good cause, the recreational vehicle manufacturer, at the election
645+30 of the dealer, shall repurchase the inventory of the recreational
646+31 vehicle dealer not later than forty-five (45) days after the
647+32 termination, cancellation, or refusal to renew the recreational
648+33 vehicle dealer agreement as follows:
649+34 (1) All new, unused, except for demonstration purposes, and
650+35 untitled recreational vehicles that have not been altered or
651+36 damaged and that were acquired from the recreational
652+37 vehicle manufacturer or recreational vehicle distributor
653+38 within eighteen (18) months of the date of the notice of
654+39 termination, cancellation, or nonrenewal, at one hundred
655+40 percent (100%) of the net invoice cost, including
656+41 transportation, less applicable rebates, and discounts to the
657+42 dealer. If a repurchased vehicle is damaged, the amount due
658+ES 484—LS 7379/DI 151 16
659+1 to the recreational vehicle dealer shall be reduced by the cost
660+2 to repair the damaged vehicle. Damage prior to delivery to
661+3 the recreational vehicle dealer will not disqualify repurchase
662+4 under this subsection.
663+5 (2) One hundred five percent (105%) of the original net price
664+6 paid to the recreational vehicle manufacturer or recreational
665+7 vehicle distributor to compensate the recreational vehicle
666+8 dealer for handling, packing, and shipping costs for all
667+9 undamaged accessories and proprietary parts sold to the
668+10 recreational vehicle dealer not more than twelve (12) months
669+11 before the termination, cancellation, or refusal to renew the
670+12 recreational vehicle dealer agreement if accompanied by the
671+13 original invoice.
672+14 (3) One hundred percent (100%) of the recreational vehicle
673+15 dealer's net cost plus freight, destination, delivery,
674+16 distribution charges, and sales tax for:
675+17 (A) properly functioning diagnostic equipment;
676+18 (B) special tools;
677+19 (C) signs; and
678+20 (D) any other equipment and machinery;
679+21 if purchased by the recreational vehicle dealer not more than
680+22 five (5) years before the termination, cancellation, or refusal
681+23 to renew the recreational vehicle dealer agreement upon the
682+24 recreational vehicle manufacturer's or recreational vehicle
683+25 distributor's request that can no longer be used in the normal
684+26 course of the recreational vehicle dealer's ongoing business.
685+27 (b) A recreational vehicle manufacturer or recreational vehicle
686+28 distributor shall pay in full for inventory repurchased under this
687+29 section before the recreational vehicle is surrendered by the
688+30 recreational vehicle dealer. Once the recreational vehicle dealer
689+31 receives full payment under subsection (a), the recreational vehicle
690+32 dealer shall immediately surrender the recreational vehicle to the
691+33 recreational vehicle manufacturer or recreational vehicle
692+34 distributor.
693+35 (c) If the recreational vehicle dealer agreement is terminated,
694+36 canceled, or not renewed by the recreational vehicle manufacturer
695+37 or recreational vehicle distributor without good cause, in violation
696+38 of section 22 of this chapter, then the recreational vehicle
697+39 manufacturer or recreational vehicle distributor shall repurchase
698+40 recreational vehicle dealer inventory, equipment, and parts as
699+41 provided in this section.
700+42 (d) A recreational vehicle dealer may sell the remaining
701+ES 484—LS 7379/DI 151 17
702+1 inventory that is not repurchased under subsection (a).
703+2 (e) A recreational vehicle dealer may:
704+3 (1) sell the remaining inventory of a particular line make or
705+4 model after the recreational vehicle dealer agreement is
706+5 terminated, canceled, or not renewed by the recreational
707+6 vehicle manufacturer or recreational vehicle distributor; or
708+7 (2) if recreational vehicles of a line make or model that is
709+8 subject to the terminated, canceled, or not renewed
710+9 recreational vehicle dealer agreement are not repurchased
711+10 under subsection (a), continue to sell the recreational vehicles
712+11 in the recreational vehicle dealer's inventory until the
713+12 recreational vehicles are no longer in the recreational vehicle
714+13 dealer's inventory.
715+14 Sec. 25. If a recreational vehicle dealer takes on an additional
716+15 line make that competes directly with the current line make, the
717+16 recreational vehicle dealer shall provide written notice to the
718+17 recreational vehicle manufacturer or recreational vehicle
719+18 distributor with whom the recreational vehicle dealer has a
720+19 recreational vehicle dealer agreement at least thirty (30) days
721+20 before entering into a recreational vehicle dealer agreement with
722+21 the recreational vehicle manufacturer or recreational vehicle
723+22 distributor of the additional line make.
724+23 Sec. 26. (a) A recreational vehicle dealer shall provide written
725+24 notice to the recreational vehicle manufacturer or recreational
726+25 vehicle distributor with whom the recreational vehicle dealer has
727+26 a recreational vehicle dealer agreement if the recreational vehicle
728+27 dealer desires to make a change in the ownership of the
729+28 recreational vehicle dealer at least ten (10) business days before
730+29 closing. The written notice under this subsection must include all
731+30 supporting documentation necessary to assist the recreational
732+31 vehicle manufacturer or recreational vehicle distributor in
733+32 determining whether to object to the change in ownership.
734+33 (b) A recreational vehicle manufacturer or recreational vehicle
735+34 distributor may object to a proposed change in the ownership of a
736+35 recreational vehicle dealer if the prospective new owner meets at
737+36 least one (1) of the following conditions:
738+37 (1) The prospective new owner has previously had a
739+38 recreational vehicle dealer agreement terminated for good
740+39 cause by a recreational vehicle manufacturer or recreational
741+40 vehicle distributor.
742+41 (2) The prospective new owner has been convicted of a felony
743+42 or a crime of fraud, deceit, or moral turpitude.
744+ES 484—LS 7379/DI 151 18
745+1 (3) The prospective new owner lacks a license required by
746+2 law.
747+3 (4) The prospective new owner does not have an active line of
748+4 credit sufficient to purchase recreational vehicles under the
749+5 recreational vehicle dealer agreement.
750+6 (5) In the ten (10) years preceding the prospective change in
751+7 ownership, the prospective new owner has:
752+8 (A) made a declaration of:
753+9 (i) insolvency;
754+10 (ii) an assignment for the benefit of creditors; or
755+11 (iii) bankruptcy; or
756+12 (B) had the appointment of a receiver, trustee, or
757+13 conservator to take possession of the prospective new
758+14 owner's business or property.
759+15 (c) A recreational vehicle manufacturer or recreational vehicle
760+16 distributor shall answer the written notice under subsection (a) not
761+17 later than seven (7) business days after receiving the written notice
762+18 and provide the recreational vehicle dealer with any objections to
763+19 the proposed change of ownership. The answer under this
764+20 subsection must include the reasons for the objection. The
765+21 recreational vehicle manufacturer or recreational vehicle
766+22 distributor has the burden of proof regarding the reasons
767+23 contained in its objection. If the recreational vehicle manufacturer
768+24 or recreational vehicle distributor does not timely answer the
769+25 written notice under subsection (a), the change of ownership is
770+26 deemed approved.
771+27 Sec. 27. (a) This section does not apply to a recreational vehicle
772+28 dealer if the recreational vehicle dealer agreement or other written
773+29 agreement includes the recreational vehicle dealer's designation of
774+30 a successor who is not the designated family member of the
775+31 recreational vehicle dealer.
776+32 (b) A designated family member of a deceased or incapacitated
777+33 recreational vehicle dealer may succeed the recreational vehicle
778+34 dealer if the recreational vehicle manufacturer or recreational
779+35 vehicle distributor determines that the existing recreational vehicle
780+36 dealer agreement should be honored.
781+37 (c) A recreational vehicle manufacturer or recreational vehicle
782+38 distributor may object to a succession under this section for good
783+39 cause. The burden is on the recreational vehicle manufacturer or
784+40 recreational vehicle distributor to show good cause for the
785+41 following reasons:
786+42 (1) The designated family member has been convicted of a
787+ES 484—LS 7379/DI 151 19
788+1 felony or a crime of fraud, deceit, or moral turpitude.
789+2 (2) The designated family member declared insolvency or
790+3 bankruptcy during the ten (10) years before succession is set
791+4 to occur.
792+5 (3) The designated family member breached a prior
793+6 recreational vehicle dealer agreement.
794+7 (4) The designated family member lacks an active line of
795+8 credit sufficient to purchase the recreational vehicles.
796+9 (5) The designated family member lacks a license required by
797+10 law.
798+11 (d) A designated family member may not succeed a recreational
799+12 vehicle dealer if the succession involves, without the recreational
800+13 vehicle manufacturer's or recreational vehicle distributor's
801+14 consent, a relocation of the business or an alteration of the terms
802+15 and conditions of the recreational vehicle dealer agreement.
803+16 Sec. 28. (a) A new recreational vehicle dealer is liable for
804+17 damage to a new recreational vehicle after the recreational vehicle
805+18 is delivered to the carrier or transporter only if the new
806+19 recreational vehicle dealer selects the method and mode of
807+20 transportation and the carrier or transporter. In all other
808+21 instances, the recreational vehicle manufacturer or recreational
809+22 vehicle distributor is liable for carrier related damage to a new
810+23 recreational vehicle.
811+24 (b) A recreational vehicle dealer that receives a damaged
812+25 recreational vehicle under this section may:
813+26 (1) request authorization from the recreational vehicle
814+27 manufacturer or recreational vehicle distributor to correct
815+28 the damage; or
816+29 (2) reject the recreational vehicle under subsection (c).
817+30 If the recreational vehicle manufacturer or recreational vehicle
818+31 distributor does not authorize the repair not later than ten (10)
819+32 days after receiving notice of the damage, or if the recreational
820+33 vehicle dealer rejects the recreational vehicle because of the
821+34 damage, ownership of the new recreational vehicle reverts to the
822+35 recreational vehicle manufacturer or recreational vehicle
823+36 distributor.
824+37 (c) A recreational vehicle dealer may inspect and reject a
825+38 damaged recreational vehicle in a timely manner as determined by
826+39 a recreational vehicle dealer agreement, but not less than two (2)
827+40 business days after the physical delivery of the recreational vehicle.
828+41 (d) A recreational vehicle dealer may reject a recreational
829+42 vehicle that has an unreasonable amount of miles on the odometer.
830+ES 484—LS 7379/DI 151 20
831+1 The distance between the recreational vehicle manufacturer's
832+2 factory or recreational vehicle distributor and the recreational
833+3 vehicle dealer plus one hundred (100) miles is a reasonable amount
834+4 of miles on the odometer.
835+5 (e) A recreational vehicle dealer shall exercise due care in
836+6 custody of the damaged recreational vehicle, but the recreational
837+7 vehicle dealer shall have no other obligations, financial or
838+8 otherwise, with respect to the damaged recreational vehicle.
839+9 Sec. 29. (a) A warrantor shall do the following:
840+10 (1) Provide a list of the warrantor's obligations to the
841+11 recreational vehicle dealer for the preparation, delivery, and
842+12 warranty service for products.
843+13 (2) Compensate the recreational vehicle dealer for warranty
844+14 services performed by the recreational vehicle dealer covered
845+15 by the warrantor.
846+16 (3) Provide the recreational vehicle dealer with a schedule of
847+17 compensation to be paid and the time allowances to perform
848+18 diagnostic work and warranty services on a recreational
849+19 vehicle.
850+20 (b) The schedule of compensation under subsection (a)(3) must
851+21 include reasonable compensation for diagnostic work as well as
852+22 warranty labor. If the schedule of compensation required by this
853+23 section does not include a particular repair, the warrantor shall
854+24 reimburse the recreational vehicle dealer for warranty service for
855+25 the actual time worked, unless the warrantor demonstrates that the
856+26 actual time worked was unreasonable. In such event, the
857+27 recreational vehicle dealer shall be paid a reasonable sum.
858+28 (c) Time allowances to perform diagnostic work and warranty
859+29 services must be reasonable.
860+30 (d) Compensation of a recreational vehicle dealer for warranty
861+31 services may not be less than the lowest retail labor rate charged
862+32 by the recreational vehicle dealer in the ordinary course of
863+33 business for substantially similar labor that is not a warranty
864+34 service.
865+35 (e) A warrantor shall reimburse the recreational vehicle dealer
866+36 for:
867+37 (1) a warranty part at wholesale cost;
868+38 (2) at least thirty percent (30%) of the wholesale cost as a
869+39 handling charge; and
870+40 (3) the cost of freight to return the part to the warrantor if the
871+41 return is required by the warrantor.
872+42 (f) If a warranty part is sent to the recreational vehicle dealer
873+ES 484—LS 7379/DI 151 21
874+1 at no cost, the recreational vehicle dealer is entitled to payment of
875+2 thirty percent (30%) of the wholesale cost of the warranty part
876+3 from the warrantor as a handling charge. The handling charge for
877+4 a warranty part may not exceed three hundred dollars ($300). A
878+5 recreational vehicle dealer may return unused parts to the
879+6 warrantor for credit after completion of the warranty services if
880+7 the parts are in excess of what the recreational vehicle dealer
881+8 requires.
882+9 (g) A warrantor may conduct a warranty audit of a recreational
883+10 vehicle dealer's records on a reasonable basis.
884+11 (h) A warrantor may not deny a claim for warranty
885+12 compensation by a recreational vehicle dealer except for good
886+13 cause. Good cause includes:
887+14 (1) performing nonwarranty repairs;
888+15 (2) material noncompliance with the warrantor's published
889+16 policies and procedures;
890+17 (3) lack of material documentation; and
891+18 (4) fraud or misrepresentation on the part of the recreational
892+19 vehicle dealer.
893+20 (i) A recreational vehicle dealer shall submit a warranty claim
894+21 not later than forty-five (45) days after completing the diagnostic
895+22 work or warranty service.
896+23 (j) A recreational vehicle dealer shall notify the warrantor
897+24 verbally or in writing as soon as is reasonably possible if the
898+25 recreational vehicle dealer is unable or unwilling to perform a
899+26 warranty repair.
900+27 (k) A warrantor shall disapprove a warranty claim in writing
901+28 not later than forty-five (45) days after the warranty claim is
902+29 submitted by the recreational vehicle dealer in a manner and form
903+30 prescribed by the warrantor. A warranty claim not disapproved
904+31 under this subsection is approved and must be paid not later than
905+32 sixty (60) days after receiving the submitted warranty claim from
906+33 the recreational vehicle dealer.
907+34 (l) A warrantor may ship parts to the dealer to affect the
908+35 campaign work, and, if such parts are in excess of the dealer's
909+36 requirements, the dealer may return unused parts to the warrantor
910+37 for credit after completion of the campaign.
911+38 (m) A warrantor may not:
912+39 (1) fail to perform warranty obligations;
913+40 (2) fail to include the expected date by which parts and
914+41 equipment will be available to the recreational vehicle dealer
915+42 to perform warranty services in the written notice of factory
916+ES 484—LS 7379/DI 151 22
917+1 campaigns to recreational vehicle owners and recreational
918+2 vehicle dealers;
919+3 (3) fail to compensate a recreational vehicle dealer for
920+4 authorized repairs performed by the recreational vehicle
921+5 dealer of merchandise damaged during the manufacturing
922+6 process or in transit to the recreational vehicle dealer, if the
923+7 carrier is designated by the warrantor;
924+8 (4) fail to compensate a recreational vehicle dealer for
925+9 authorized warranty service in accordance with the time
926+10 allowances set in the schedule of compensation if performed
927+11 in a timely and competent manner;
928+12 (5) intentionally misrepresent to purchasers of recreational
929+13 vehicles that warranties with respect to the manufacture,
930+14 performance, or design of the recreational vehicle are made
931+15 by the recreational vehicle dealer as a warrantor or a
932+16 cowarrantor; or
933+17 (6) require the recreational vehicle dealer to make warranties
934+18 to customers in any manner related to the manufacture of the
935+19 recreational vehicle.
936+20 (n) A recreational vehicle dealer may not:
937+21 (1) fail to perform predelivery inspection functions, as
938+22 specified by the warrantor, in a competent and timely
939+23 manner;
940+24 (2) fail to perform warranty services authorized by the
941+25 warrantor in a reasonably competent and timely manner on
942+26 a transient customer's recreational vehicle of the same line
943+27 make unless the recreational vehicle dealer determines that
944+28 the customer is acting in a manner detrimental to the
945+29 recreational vehicle dealer's business;
946+30 (3) fail to track actual time worked to perform warranty
947+31 services not governed by time allowances in the schedule of
948+32 compensation;
949+33 (4) claim an agency relationship with a warrantor, a
950+34 recreational vehicle manufacturer, or a recreational vehicle
951+35 distributor; or
952+36 (5) misrepresent the terms of a warranty.
953+37 Sec. 30. (a) Notwithstanding the terms of a recreational vehicle
954+38 dealer agreement, a warrantor may not fail to indemnify, defend,
955+39 and hold harmless a recreational vehicle dealer against any losses
956+40 or damages to the extent the losses or damages are caused by the
957+41 negligence or willful misconduct of the warrantor.
958+42 (b) A recreational vehicle dealer may not be denied
959+ES 484—LS 7379/DI 151 23
960+1 indemnification or a defense for failing to discover, disclose, or
961+2 remedy a defect in the design or manufacture of the recreational
962+3 vehicle.
963+4 (c) A recreational vehicle dealer may not fail to indemnify,
964+5 defend, and hold harmless the warrantor against any losses or
965+6 damages to the extent such losses or damages are caused by the
966+7 negligence or willful misconduct of the recreational vehicle dealer.
967+8 (d) A recreational vehicle dealer shall provide to the warrantor
968+9 a copy of any suit in which allegations are made against the
969+10 warrantor not later than ten (10) days after receiving written
970+11 notice of the suit.
971+12 (e) Indemnification includes court costs, reasonable attorney's
972+13 fees, and expert witness fees incurred by the recreational vehicle
973+14 dealer.
974+15 (f) Subsections (a) through (e) apply after a recreational vehicle
975+16 is titled.
976+17 (g) A warrantor shall provide to the recreational vehicle dealer
977+18 a copy of any suit in which allegations are made against the
978+19 warrantor not later than ten (10) days after receiving notice of the
979+20 suit.
980+21 Sec. 31. (a) A recreational vehicle dealer, recreational vehicle
981+22 manufacturer, recreational vehicle distributor, or warrantor
982+23 injured by another party's violation of this chapter may bring a
983+24 civil action in a circuit court or superior court having jurisdiction
984+25 in the county in which the recreational vehicle dealer is located to
985+26 recover actual damages.
986+27 (b) In an action involving more than one (1) recreational vehicle
987+28 dealer, the venue shall be in any county in which at least one (1) of
988+29 the recreational vehicle dealers that is a party to the action is
989+30 located.
990+31 (c) This subsection does not apply to a civil action for injunctive
991+32 relief. Before bringing a civil action under this section, the party
992+33 must serve a written demand for mediation on the offending party
993+34 as follows:
994+35 (1) A demand for mediation shall be served upon the
995+36 offending party via certified mail at the address stated within
996+37 the recreational vehicle dealer agreement or, if the address is
997+38 not contained in the recreational vehicle dealer agreement or
998+39 the address is no longer valid, the address on the offending
999+40 party's license filed with the secretary. In the event of a civil
1000+41 action between two (2) recreational vehicle dealers, the
1001+42 demand must be mailed to the address on the recreational
1002+ES 484—LS 7379/DI 151 24
1003+1 vehicle dealer's license filed with the secretary.
1004+2 (2) A demand for mediation must contain a brief statement of
1005+3 the dispute and the relief sought by the party filing the
1006+4 demand.
1007+5 (3) Not later than twenty (20) days after the date a demand
1008+6 for mediation is served, the parties shall mutually select an
1009+7 independent mediator and meet with the mediator. The
1010+8 meeting must take place in Indiana in a location selected by
1011+9 the mediator. The mediator may extend the date of the
1012+10 meeting for good cause shown by either party or upon
1013+11 stipulation of both parties.
1014+12 (d) Serving a demand for mediation acts as an agreement to stay
1015+13 the filing of a civil action for a violation of this chapter until after
1016+14 the parties have met with the mediator. If a civil action is filed
1017+15 before the meeting with the mediator, the court shall enter an
1018+16 order suspending the civil action until the meeting with the
1019+17 mediator has occurred. The court may, upon written stipulation of
1020+18 the parties, enter an order suspending the civil action for as long
1021+19 as the court considers appropriate if the parties wish to continue
1022+20 mediation.
1023+21 (e) The parties to the mediation each bear the cost of attorney's
1024+22 fees and must divide the cost of the mediator equally.
1025+23 (f) In addition to the remedies provided in this section and
1026+24 notwithstanding the existence of an additional remedy at law, a
1027+25 recreational vehicle dealer, recreational vehicle manufacturer, or
1028+26 recreational vehicle distributor may apply to a circuit court or
1029+27 superior court having jurisdiction over the claim, upon a hearing
1030+28 and for good cause shown, for a temporary or permanent
1031+29 injunction, or both, to restrain a party from violating or continuing
1032+30 to violate a provision of this chapter or from failing or refusing to
1033+31 comply with the requirements of this chapter. An injunction under
1034+32 this subsection must be issued without bond. A single act in
1035+33 violation of the provisions of this chapter is sufficient to authorize
1036+34 the issuance of an injunction under this subsection.
1037+35 Sec. 32. (a) The secretary may suspend or revoke the license of
1038+36 a recreational vehicle manufacturer, recreational vehicle
1039+37 distributor, or recreational vehicle dealer upon a finding of a
1040+38 violation of this chapter.
1041+39 (b) A person that violates this chapter, a rule established under
1042+40 this article, or an order issued by the secretary under this chapter
1043+41 is subject to a civil penalty of up to one thousand dollars ($1,000)
1044+42 for each violation. Civil penalties recovered under this section shall
1045+ES 484—LS 7379/DI 151 25
1046+1 be paid to the state and deposited into the dealer enforcement
1047+2 account established by IC 9-32-7-2.
1048+ES 484—LS 7379/DI 151 26
1049+COMMITTEE REPORT
1050+Mr. President: The Senate Committee on Homeland Security and
1051+Transportation, to which was referred Senate Bill No. 484, has had the
1052+same under consideration and begs leave to report the same back to the
1053+Senate with the recommendation that said bill DO PASS.
1054+ (Reference is to SB 484 as introduced.)
1055+
1056+CRIDER, Chairperson
1057+Committee Vote: Yeas 9, Nays 0
1058+_____
1059+COMMITTEE REPORT
1060+Mr. Speaker: Your Committee on Roads and Transportation, to
1061+which was referred Senate Bill 484, has had the same under
1062+consideration and begs leave to report the same back to the House with
1063+the recommendation that said bill be amended as follows:
1064+Page 3, line 32, reset in roman "exclusively for".
1065+Page 3, line 33, delete "with".
1066+Page 15, line 34, after "purposes," insert "and".
1067+and when so amended that said bill do pass.
1068+(Reference is to SB 484 as printed January 22, 2025.)
1069+PRESSEL
1070+Committee Vote: yeas 12, nays 0.
1071+ES 484—LS 7379/DI 151