Bill Text: IN SB0277 | 2013 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 24-5.
Synopsis: Methamphetamine vehicle information disclosure. Requires
a dealer or seller who knows or reasonably should know that
methamphetamine has been manufactured in a motor vehicle within the
previous two years to disclose this fact, in writing, to a buyer,
prospective buyer, lessee, or prospective lessee of the motor vehicle
before the sale. Permits a dealer or seller to include a decontamination
report with the written disclosure. 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, and that existing
tort remedies that may be available to a buyer or lessee are not
eliminated or abrogated.
Effective: July 1, 2013.
(HOUSE SPONSORS _ SPEEDY, LAWSON L, MESSMER, CROUCH)
January 8, 2013, read first time and referred to Committee on Civil Law.
January 29, 2013, reported favorably _ Do Pass.
February 11, 2013, read second time, amended, ordered engrossed.
February 12, 2013, engrossed. Read third time, passed. Yeas 47, nays 1.
February 26, 2013, read first time and referred to Committee on Roads and Transportation.
March 14, 2013, amended, reported _ Do Pass.
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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.
of this 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, prospective buyer, lessee, or prospective lessee.
(c) A dealer may include a decontamination report or other relevant document with the written disclosure required under subsection (a).
remedy or penalty provided in this chapter, if a dealer or seller
fails to make a disclosure required under section 16.1 of this
chapter, a buyer or lessee may bring a civil action against the
dealer or seller.
(b) In an action brought by a buyer or lessee 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 in accordance with and to a
standard set forth under 318 IAC 1.
(2) Reimburse a buyer or lessee 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 lessee in an
amount not to exceed ten thousand dollars ($10,000).
(d) This section does not eliminate or abrogate existing tort
remedies that may be available to a buyer or lessee.
(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.
