Bill Text: IN SB0277 | 2013 | Regular Session | Amended
Bill Title: Methamphetamine vehicle information disclosure.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-05-13 - Public Law 76 [SB0277 Detail]
Download: Indiana-2013-SB0277-Amended.html
Citations Affected: IC 24-5.
Synopsis: Methamphetamine vehicle information disclosure. Requires
a dealer or seller who knows or reasonably should know that a motor
vehicle has been used to manufacture methamphetamine to disclose
this fact, in writing, to a buyer or prospective buyer of the motor
vehicle before the sale. Provides that failure to disclose gives rise to a
cause of action in which the buyer may seek: (1) remediation to a
certain standard; or (2) reimbursement for remediation costs. Provides
that, in addition, a court may award a buyer or prospective buyer
liquidated damages of not more than $10,000.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Civil Law.
January 29, 2013, reported favorably _ Do Pass.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
(1) motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana; and
(2) methamphetamine vehicles that are sold, leased, transferred, or replaced by a dealer or seller in Indiana.
chapter, a methamphetamine vehicle suffers from a
nonconformity.
(1) sells, leases, exchanges, or transfers; or
(2) solicits a sale, lease, exchange, or transfer of;
a methamphetamine vehicle to a buyer.
(1) begins:
(A) on the date of original delivery of a motor vehicle to a buyer; or
(B) in the case of a replacement vehicle provided by a manufacturer to a buyer under this chapter, on the date of delivery of the replacement vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the date identified under subdivision (1); or
(B) the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).
(b) The written disclosure required under subsection (a) shall be provided before the dealer or seller sells, leases, exchanges, transfers, or accepts payment from a buyer or prospective buyer.
(b) In an action brought by a buyer or prospective buyer under this section, a court may order a dealer or seller to perform either of the following:
(1) Decontaminate or contract for the decontamination of the methamphetamine vehicle so that the methamphetamine vehicle meets one (1) or more of the following minimum clearance levels and requirements:
(A) Surface area wipe of less than one (1) microgram per square foot of unlawfully manufactured controlled substances or precursor drugs.
(B) Indoor air clearance level of less than or equal to one (1) part per million (1,000,000) of volatile organic compounds.
(C) Surface area wipe of less than or equal to forty (40) micrograms per square foot of lead.
(D) Indoor air clearance level of less than three-tenths (0.3) micrograms per cubic meter.
(E) Surface pH level for corrosives of between 6.0 and 8.0.
(2) Reimburse a buyer or prospective buyer who incurred damages or expenses to remediate or decontaminate a methamphetamine vehicle to address the nonconformity.
(c) In addition to the remedies described in subsection (b), a court may award liquidated damages to a buyer or prospective buyer in an amount not to exceed ten thousand dollars ($10,000).
(b) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.
(c) An action concerning a violation of section 16.1 of this chapter must be commenced within two (2) years following the date of the violation.
not apply to a transaction or solicited transaction relating to a methamphetamine vehicle. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a manufacturer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.