Bill Text: IN HB1188 | 2010 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Various motor vehicle matters.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-03-25 - Sections 18 through 19 effective 03/18/2010 [HB1188 Detail]

Download: Indiana-2010-HB1188-Engrossed.html


February 17, 2010





ENGROSSED

HOUSE BILL No. 1188

_____


DIGEST OF HB 1188 (Updated February 16, 2010 11:24 am - DI 71)



Citations Affected: IC 9-13; IC 9-17; IC 9-18; IC 9-22; IC 9-23; IC 9-29; IC 9-31; noncode.

Synopsis: Various vehicle matters. Requires the secretary of state to adopt rules to establish research and development license plates for use by manufacturers of vehicle subcomponent systems. Sets a $20 fee for a research and development license plate. Requires the secretary of state to adopt interim written guidelines regarding the classification of research and development license plates.
Revises language concerning the responsibility of the secretary of state related to vehicle dealer services.

Effective: Upon passage; July 1, 2010.





Austin, Neese, Fry
(SENATE SPONSORS _ WYSS, LANANE, ARNOLD, ROGERS)




    January 11, 2010, read first time and referred to Committee on Roads and Transportation.
    January 21, 2010, amended, reported _ Do Pass.
    January 25, 2010, read second time, amended, ordered engrossed.
    January 26, 2010, engrossed. Read third time, passed. Yeas 96, nays 0.

SENATE ACTION

    February 1, 2010, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
    February 16, 2010, amended, reported favorably _ Do Pass.






February 17, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.


ENGROSSED

HOUSE BILL No. 1188



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-42; (10)EH1188.1.1. -->     SECTION 1. IC 9-13-2-42, AS AMENDED BY P.L.147-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 42. (a) "Dealer" means, except as otherwise provided in this section, a person who sells to the general public, including a person who sells directly by the Internet or other computer network, at least twelve (12) vehicles each year for delivery in Indiana. The term includes a person who sells off-road vehicles. A dealer must have an established place of business that meets the minimum standards prescribed by the bureau secretary of state under rules adopted under IC 4-22-2.
    (b) The term does not include the following:
        (1) A receiver, trustee, or other person appointed by or acting under the judgment or order of a court.
        (2) A public officer while performing official duties.
        (3) A person who is a dealer solely because of activities as a transfer dealer.
        (4) An automotive mobility dealer.
    (c) "Dealer", for purposes of IC 9-31, means a person that sells to the general public for delivery in Indiana at least six (6):
        (1) boats; or
        (2) trailers:
            (A) designed and used exclusively for the transportation of watercraft; and
            (B) sold in general association with the sale of watercraft;
per year.
SOURCE: IC 9-13-2-97.5; (10)EH1188.1.2. -->     SECTION 2. IC 9-13-2-97.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 97.5. "Manufacturer of a vehicle subcomponent system" means a manufacturer of a vehicle subcomponent system essential to the operation of a motor vehicle. The term includes a public or private university that is engaged in the:
        (1) research;
        (2) development; or
        (3) manufacture;
of a vehicle subcomponent system.

SOURCE: IC 9-17-8-8; (10)EH1188.1.3. -->     SECTION 3. IC 9-17-8-8, AS AMENDED BY P.L.147-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Before obtaining a manufacturer's, a converter manufacturer's, an automotive mobility dealer's, or a dealer's license from the bureau, secretary of state, a person must agree to allow a police officer or an authorized representative of the bureau secretary of state to inspect:
        (1) certificates of origin, certificates of title, assignments of certificates of origin and certificates of title, or other proof of ownership or evidence of right of possession as determined by the secretary of state; and
        (2) motor vehicles, semitrailers, or recreational vehicles that are held for resale by the manufacturer, converter manufacturer, automotive mobility dealer, or dealer;
in the manufacturer's, converter manufacturer's, automotive mobility dealer's, or dealer's place of business during reasonable business hours.
    (b) A certificate of title, a certificate of origin, and any other proof of ownership described under subsection (a):
        (1) must be readily available for inspection by or delivery to the proper persons; and
        (2) may not be removed from Indiana.
SOURCE: IC 9-18-26-2.5; (10)EH1188.1.4. -->     SECTION 4. IC 9-18-26-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 2.5. (a) The secretary of state shall:
        (1) issue a research and development license plate under this chapter to a manufacturer of a vehicle subcomponent system; and
        (2) adopt rules under IC 4-22-2 to prescribe the general conditions for the:
            (A) application;
            (B) issuance; and
            (C) use;
        of research and development license plates for manufacturers of vehicle component systems.
    (b) The fee for a research and development license plate for a manufacturer of a vehicle subcomponent system is the fee under IC 9-29-5-14.5.
    (c) A research and development license plate for a manufacturer of a vehicle subcomponent system shall be displayed in accordance with IC 9-18-2-26.

SOURCE: IC 9-18-26-8; (10)EH1188.1.5. -->     SECTION 5. IC 9-18-26-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. Dealer-new, dealer-used, and manufacturer license plates may be used without restriction by a designee of a dealer or a designee of a manufacturer under rules adopted by the bureau. secretary of state. The rules must provide the following:
        (1) The dealer or manufacturer is to be assessed and pay the motor vehicle excise tax under IC 6-6-5 attributable to that part of the total year that the designee operates the motor vehicle.
        (2) The dealer or manufacturer shall report to the bureau secretary of state the date of assignment to a designee, the designee's name and address, and the date of termination of the assignment within ten (10) days of the assignment or termination.
        (3) The tax calculated in subdivision (1) shall be paid within thirty (30) days of the termination of the assignment to the designee or at the time the dealer or manufacturer purchases license plates under this chapter.
SOURCE: IC 9-18-26-12; (10)EH1188.1.6. -->     SECTION 6. IC 9-18-26-12, AS AMENDED BY P.L.106-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. A person who knowingly violates a rule adopted by the secretary of state regarding the classification and use of a dealer plate or the use of a research and development license plate commits a Class A infraction.
SOURCE: IC 9-22-3-7; (10)EH1188.1.7. -->     SECTION 7. IC 9-22-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. A business that is registered with

the department secretary of state as a dealer under IC 9-23 may reassign a certificate of salvage title one (1) time without applying to the bureau for the issuance of a new certificate of salvage title.

SOURCE: IC 9-22-3-20; (10)EH1188.1.8. -->     SECTION 8. IC 9-22-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20. Unless otherwise specified or required, the records required under section 19 of this chapter shall be retained for a period of five (5) years from the date the vehicle or major component part was acquired, in the form prescribed by the bureau. secretary of state.
SOURCE: IC 9-22-3-21; (10)EH1188.1.9. -->     SECTION 9. IC 9-22-3-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 21. The records required under section 19 of this chapter must be available to and produced at the request of a police officer or an authorized agent of the bureau secretary of state under this chapter.
SOURCE: IC 9-22-3-24; (10)EH1188.1.10. -->     SECTION 10. IC 9-22-3-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. The bureau, secretary of state, a police officer, or an agent of the bureau secretary of state or a police officer may enter upon the premises of a disposal facility, insurance company, or other business dealing in salvage vehicles during normal business hours to inspect a motor vehicle, semitrailer, recreational vehicle, major component part, records, certificate of title, and other ownership documents to determine compliance with this chapter.
SOURCE: IC 9-23-2-11; (10)EH1188.1.11. -->     SECTION 11. IC 9-23-2-11, AS AMENDED BY P.L.184-2007, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. A person who ceases a business activity for which a license was issued under this chapter shall do the following:
        (1) Notify the secretary of state of the date that the business activity will cease.
        (2) Deliver all permanent dealer license plates and interim license plates issued to the person to the bureau secretary of state within ten (10) days of the date the business activity will cease.
SOURCE: IC 9-29-5-14.5; (10)EH1188.1.12. -->     SECTION 12. IC 9-29-5-14.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.5. The fee for a research and development license plate for a manufacturer of a vehicle subcomponent system under IC 9-18-26-2.5(a) is twenty dollars ($20). There is no fee in addition to the regular registration fee for a research and development license plate for a manufacturer of a vehicle subcomponent system.
SOURCE: IC 9-29-5-43; (10)EH1188.1.13. -->     SECTION 13. IC 9-29-5-43, AS AMENDED BY P.L.106-2008, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2010]: Sec. 43. (a) Except as otherwise provided by this chapter, subsection (b), subsection (c), and IC 9-29-1-2, registration fees collected under this chapter shall be paid into the state general fund for credit to the motor vehicle highway account.
    (b) Fees collected under this chapter for license plates issued under IC 9-18-26 by the secretary of state shall be deposited as follows:
        (1) Thirty percent (30%) to the dealer compliance account established by IC 9-23-2-18.
        (2) Seventy percent (70%) to the motor vehicle highway account.
     (c) Notwithstanding subsection (b), fees collected under this chapter for interim license plates issued under IC 9-18-26-10 by the secretary of state shall be deposited as follows:
        (1) Ninety percent (90%) to the dealer compliance account established by IC 9-23-2-18.
        (2) Ten percent (10%) to the motor vehicle highway account.

SOURCE: IC 9-31-3-6; (10)EH1188.1.14. -->     SECTION 14. IC 9-31-3-6, AS AMENDED BY P.L.106-2008, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The secretary of state shall furnish temporary permits and registration forms to a registered dealer upon request.
    (b) A plate or card described in subsection (a) must display the following information:
        (1) The dealer's license number.
        (2) The date of purchase, plainly stamped or stenciled on the plate or card.
    (c) A temporary permit may not be used or displayed unless the plate or card is furnished by the bureau. secretary of state.
    (d) A dealer who authorizes the use of a temporary permit under this section does not assume responsibility or incur liability for injury to a person or property during the period the temporary permit is in effect.
SOURCE: ; (10)EH1188.1.15. -->     SECTION 15. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 9-18-26-2.5(a)(2), as added by this act, and IC 9-13-2-42(a) and IC 9-18-26-8, both as amended by this act, the secretary of state shall carry out the duties imposed upon the secretary of state under IC 9-18-26-2.5(a)(2), as added by this act, and IC 9-13-2-42(a) and IC 9-18-26-8, both as amended by this act, under interim written guidelines approved by the secretary of state.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under IC 9-18-26-2.5(a)(2), as added by this act, and IC 9-13-2-42(a) and IC 9-18-26-8, both as amended by this act.
        (2) December 31, 2011.

SOURCE: ; (10)EH1188.1.16. -->     SECTION 16. An emergency is declared for this act.

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