Indiana Senate Bill 537 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Passed on May 13 2013 - 100% progression
Action: 2013-05-13 - Public Law 92
Text: Latest bill text (Enrolled) [HTML]

Establishes a dealer services division (division) within the office of the secretary of state (secretary), and provides that the division administers and has jurisdiction over vehicle dealer (dealer) services (services). Establishes procedures: (1) for administration of the division; and (2) for judicial action concerning the division. Requires the secretary of state to adopt emergency rules before January 1, 2014, to carry out the secretary of state's duties. Requires the secretary of state to adopt rules before July 1, 2014, to replace the emergency rules. Provides that a person who violates statutes or rules pertaining to services or an order issued by the secretary pertaining to services is subject to a civil penalty of up to $10,000 for each violation. Establishes the dealer enforcement account to be used to support the division. Provides for criminal penalties for certain violations pertaining to services. Provides for criminal penalties for certain actions relating to unfair practices committed by persons subject to licensing by the division. Establishes the motor vehicle sales advisory board. Includes a transfer dealer as a dealer. Repeals and relocates language concerning dealer services and adds language concerning the requirements for a license for a wholesale dealer. Adds a dealer-wholesale license plate and a fee for the license plate. Provides that an auto auctioneer is a person providing a place of business or facilities for the purchase and sale of more than three motor vehicles a year. (Under current law the threshold is one motor vehicle a year.) Provides that the 30 business day period for purposes of determining whether a reasonable number of attempts have been made to correct a nonconformity in the sale of certain motor vehicles is extended by any period during which repair services are unavailable due to civil unrest, fire, a natural disaster, a terrorist attack, an act of God, or war. (Current law extends the period only when repair services are unavailable due to a strike.) Provides that a dealer who fails to deliver a certificate of title within a certain time frame is subject to certain civil penalties for violations that occur within a calendar year. Requires a dealer to make payment to a third party to satisfy any obligation secured by the vehicle within 10 days after the date of sale. (Current law requires that the payment be made within five days of sale.) Makes it a Class D felony for a disposal facility, a scrap metal processor, or an agent of a disposal facility or scrap metal processor to knowingly, intentionally, or recklessly buy a motor vehicle that is less than 15 model years old without a certificate of title for the motor vehicle. Makes it a Class A misdemeanor for a dealer who sells, exchanges, or transfers a rebuilt vehicle without disclosing in writing to the purchaser, customer, or transferee, before consummating the sale, exchange, or transfer, the fact that the vehicle is a rebuilt vehicle, if the dealer knows or should reasonably know the vehicle is a rebuilt vehicle. Permits the secretary to commence a proceeding to administratively dissolve a corporation if the secretary receives credible evidence that the corporation is engaged in illegal activity or activity not authorized by the corporation's articles of incorporation. Repeals provisions superseded by this bill. Makes conforming amendments and technical corrections. Makes an appropriation.

Secretary of state, dealer services, and vehicles.

Sen. James Arnold [D]

Sen. Susan Glick [R]

Sen. Thomas Wyss [R]

2013-04-11 - Senate - Senate - Senate concurred in House amendments (Y: 41 N: 8 NV: 0 Abs: 1) [PASS]
2013-04-04 - House - House - Third reading: passed (Y: 90 N: 2 NV: 3 Abs: 5) [PASS]
2013-02-26 - Senate - Senate - Third reading: passed (Y: 49 N: 1 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2013-05-13	House	Public Law 92
2013-04-26	Senate	Signed by the Governor
2013-04-22	Senate	Signed by the President of the Senate
2013-04-17	House	Signed by the Speaker
2013-04-15	Senate	Signed by the President Pro Tempore
2013-04-11	Senate	Senate concurred in House amendments; Roll Call 464: yeas 41, nays 8
2013-04-05	Senate	Motion to concur in House amendments filed
2013-04-04	House	Representative Frye added as cosponsor
2013-04-04	House	Returned to the Senate with amendments
2013-04-04	House	Third reading: passed; Roll Call 399: yeas 90, nays 2
2013-04-02	House	Representative Wolkins added as cosponsor
2013-04-02	House	Second reading: ordered engrossed
2013-03-28	House	Committee report: amend do pass, adopted
2013-03-14	House	Referred to Committee on Ways and Means pursuant to House Rule 127
2013-03-14	House	Committee report: do pass, adopted
2013-03-05	House	First reading: referred to Committee on Roads and Transportation
2013-02-26	Senate	Cosponsor: Rep. GiaQuinta
2013-02-26	Senate	House sponsor: Rep. Soliday
2013-02-26	Senate	Referred to the House
2013-02-26	Senate	Third reading: passed; Roll Call 240: yeas 49 and nays 1
2013-02-25	Senate	Amendment 1 (Kenley), prevailed; voice vote
2013-02-25	Senate	Second reading: amended, ordered engrossed
2013-02-21	Senate	Senator Glick added as third author
2013-02-21	Senate	Committee report: amend do pass, adopted
2013-01-28	Senate	Committee report: do pass, reassigned to Committee on Appropriations
2013-01-14	Senate	First reading: referred to Committee on Commerce and Economic Development & Technology
2013-01-14	Senate	Authored by Senators Wyss and Arnold

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2013&session=1&request=getBill&doctype=SB&docno=0537
Text	http://www.in.gov/legislative/bills/2013/IN/IN0537.1.html
Text	http://www.in.gov/legislative/bills/2013/SB/SB0537.1.html
Text	http://www.in.gov/legislative/bills/2013/SB/SB0537.2.html
Text	http://www.in.gov/legislative/bills/2013/ES/ES0537.1.html
Text	http://www.in.gov/legislative/bills/2013/ES/ES0537.2.html
Text	http://www.in.gov/legislative/bills/2013/SE/SE0537.1.html
Roll Call	http://www.in.gov/legislative/bills/2013/PDF/Srollcal/0240.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2013/PDF/Hrollcal/0399.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2013/PDF/Srollcal/0464.PDF.pdf