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 2006 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
means a business person that engages in moving or removing
abandoned or disabled vehicles and, once the vehicles are moved or
removed, stores or impounds the vehicles.
SECTION 3. IC 9-21-21-3, AS AMENDED BY HEA 1357-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. Except as provided in section 4.3 of this
chapter, if the owner of a farm truck, farm trailer, or farm semitrailer
and tractor described in section 1 of this chapter begins to operate the
farm truck, farm trailer, or farm semitrailer and tractor or permits the
farm truck, farm trailer, or farm semitrailer and tractor to be operated:
(1) in the conduct of a commercial enterprise; or
(2) for the transportation of farm products after the commodities
have entered the channels of commerce during a registration year
for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.5(b) due
for the remainder of the registration year for the license fee.
SECTION 4. IC 9-21-21-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.3. (a) Notwithstanding section 3 of this
chapter, subsection (b), and IC 9-18-2-4, a farm truck, farm trailer,
or farm semitrailer and tractor described in section 1 of this
chapter may be operated intrastate for the transportation of
seasonal, perishable, fruit or vegetables to the first point of
processing for not more than one (1) thirty (30) day period in a
registration year established by IC 9-18-2-7. Before a vehicle may
be operated as provided in this subsection, the owner shall pay to
the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) eight and one-half percent (8.5%) of the license fee paid
under IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(b) Notwithstanding section 3 of this chapter, subsection (a), and
IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer and
tractor described in section 1 of this chapter may be operated
intrastate for the transportation of tomatoes or silage to the first
point of processing for a period of not more than one (1)
seventy-one (71) day period in a registration year established by
IC 9-18-2-7. Before a vehicle may be operated as provided in this
subsection, the owner shall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) seventeen percent (17%) of the license fee paid under
IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(c) The bureau shall adopt rules under IC 4-22-2 to authorize
the operation of a farm truck, farm trailer, or farm semitrailer and
tractor in the manner provided in this section.
SECTION 5. IC 9-21-21-5, AS ADDED BY P.L.210-2005,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. In addition to the penalty provided in
section 7 of this chapter, and except as provided in section 4.3 of this
chapter, a person that operates a vehicle or allows a vehicle that the
person owns to be operated when the vehicle is:
(1) registered under this chapter as a farm truck, farm trailer, or
farm semitrailer and tractor; and
(2) operated as set forth in section 3 of this chapter;
commits a Class C infraction. However, the offense is a Class B
infraction if, within the three (3) years preceding the commission of the
offense, the person had a prior unrelated judgment under this section.
SECTION 6. IC 9-22-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. As used in this chapter, "public
agency" means the bureau or a local agency given the responsibility by
statute or ordinance for the removal, storage, and disposal of
abandoned vehicles.
SECTION 7. IC 9-22-1-4, AS AMENDED BY P.L.104-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. (a) Except as provided in subsection (c), the
person who owns an abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,
and disposal;
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed
one thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed, towed,
or stored the vehicle, the person who previously owned the vehicle is
not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, and proceeds from the sale of the vehicle
covered the removal, towing, and storage expenses, any remaining
proceeds from the sale of the vehicle shall be returned to the previous
owner of the vehicle if the previous owner is known.
SECTION 8. IC 9-22-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 6. The bureau shall be notified
within seventy-two (72) hours of the location and description of a
vehicle described in section 5 of this chapter. Upon receipt of
notification, the bureau shall cause a search to be made to determine
and notify the person who owns the vehicle under section 20 of this
chapter.
SECTION 9. IC 9-22-1-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. If:
(1) the person who owns or holds a lien under section 8 of this
chapter does not appear and pay all costs; or
(2) the person who owns a vehicle cannot be determined by a
search conducted under section 20 19 of this chapter;
the bureau shall declare the vehicle is considered abandoned and
provide for disposal must be disposed of under this chapter.
SECTION 10. IC 9-22-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. The release must
state the name, signature, and address of the person who owns or holds
a lien on the vehicle, a description of the vehicle or parts, costs, and
date of release. A towing operator service shall notify the bureau
appropriate public agency of all releases under section 8 of this
chapter.
SECTION 11. IC 9-22-1-13, AS AMENDED BY P.L.104-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 13. (a) If in the opinion of the officer the market
value of an abandoned vehicle or parts determined in accordance with
section 12 of this chapter is less than:
(1) five hundred dollars ($500); or
(2) in a municipality that has adopted an ordinance under
subsection (b), the amount established by the ordinance;
the officer shall immediately dispose of the vehicle to a towing service.
storage yard. A copy of the abandoned vehicle report and photographs
relating to the abandoned vehicle shall be forwarded to the bureau. The
A towing service may dispose of the an abandoned vehicle not less
than thirty (30) days after the date on which the towing service
removed the abandoned vehicle. A city, county, or town that
operates a storage yard under IC 36-9-30-3 may dispose of an
abandoned vehicle to an automobile scrapyard or an automotive
salvage recycler upon removal of the abandoned vehicle. The public
agency disposing of the vehicle shall retain the original records and
photographs for at least two (2) years.
(b) The legislative body of a municipality (as defined in
IC 36-1-2-11) may adopt an ordinance that establishes the market value
below which an officer may dispose of a vehicle or parts under
subsection (a). However, the market value established by the ordinance
may not be more than seven hundred fifty dollars ($750).
SECTION 12. IC 9-22-1-16, AS AMENDED BY P.L.104-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 16. (a) If after seventy-two (72) hours the person
who owns a vehicle believed to be abandoned on private property that
the person owns or controls, including rental property, has not removed
the vehicle from the private property, the person who owns or controls
the private property may have the vehicle towed from the private
property. The towing operator shall do the following:
(1) Contact the bureau to obtain the name and address of the
person who owns the vehicle.
(2) Send, by certified mail, a copy of the information contained in
the notice required under section 15 of this chapter to the person
who owns the vehicle. The notice required by this subdivision
must be mailed to the person who owns the vehicle according to
the records of the bureau not later than five (5) business days after
receipt of the information in subdivision (1) from the bureau.
(b) Notwithstanding subsection (a), in an emergency situation a
vehicle may be removed immediately. As used in this subsection,
"emergency situation" means that the presence of the abandoned
vehicle interferes physically with the conduct of normal business
operations of the person who owns or controls the private property or
poses a threat to the safety or security of persons or property, or both.
SECTION 13. IC 9-22-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 17. A towing operator
who service that tows a vehicle under section 5 or 16 of this chapter
shall give notice to the public agency and bureau that the abandoned
vehicle is in the possession of the towing operator. service.
SECTION 14. IC 9-22-1-19, AS AMENDED BY P.L.104-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 19. (a) Within seventy-two (72) hours after
removal of an abandoned a vehicle to a storage yard or towing service
under section 5, 13, 14, or 16 of this chapter, the public agency or
towing operator service shall do the following:
(1) Prepare and forward to the bureau an abandoned vehicle a
report containing a description of the vehicle, including the
following information concerning the vehicle:
(1) (A) The make.
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a) This section
applies to a consolidated city, second class city, town, or county.
(b) Except as provided in subsection (c), if the person who owns or
holds a lien upon a vehicle does not appear within twenty (20) days
after the mailing of a notice under section 20 19 of this chapter, the unit
may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at
a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week before
the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The twenty (20) day period for the property to
remain unclaimed is sufficient for a sale under this subdivision.
(c) This subsection applies to a consolidated city or county
containing a consolidated city. If the person who owns or holds a lien
upon a vehicle does not appear within fifteen (15) days after the
mailing of a notice under section 20 19 of this chapter, the unit may sell
the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at
a public sale. Notice of the sale shall be given under IC 5-3-1,
except that only one (1) newspaper insertion one (1) week before
the public sale is required.
(2) The unit may sell the vehicle or part as unclaimed property
under IC 36-1-11. The fifteen (15) day period for the property to
remain unclaimed is sufficient for a sale under this subdivision.
SECTION 16. IC 9-22-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 24. A person who
purchases a vehicle under section 22 or 23 of this chapter shall be
furnished a bill of sale for each abandoned vehicle sold by the bureau
or public agency upon paying the fee for a bill of sale under IC 9-29-7.
A person who purchases a vehicle under section 22 or 23 of this
chapter must:
(1) present evidence from a law enforcement agency that the
vehicle purchased is roadworthy, if applicable; and
(2) pay the appropriate title fee under IC 9-29-4;
to obtain a certificate of title under IC 9-17 for the vehicle.
SECTION 17. IC 9-22-1-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 26. The proceeds of
sale of an abandoned vehicle or parts under section 22 or 23 of this
chapter shall be credited against the costs of the removal, storage, and
disposal of the vehicle.
partnership, a limited liability company, or a corporation that obtains
a lien for an abandoned vehicle under subdivision (2) must comply
with IC 9-22-1-4, IC 9-22-1-16, IC 9-22-1-17, and IC 9-22-1-19.
(c) If:
(1) the charges made under subsection (a) or (b) are not paid; and
(2) the motor vehicle, trailer, semitrailer, or recreational vehicle
is not claimed;
within thirty (30) days from the date on which the vehicle was left in
or came into the possession of the individual, firm, limited liability
company, or corporation for repairs, storage, towing, or the furnishing
of materials, the individual, firm, limited liability company, or
corporation may advertise the vehicle for sale. The vehicle may not be
sold before fifteen (15) days after the date the advertisement required
by subsection (d) has been placed or after notice required by subsection
(e) has been sent, whichever is later.
(d) Before a vehicle may be sold under subsection (c), an
advertisement must be placed in a newspaper of general circulation
printed in the English language in the city or town in which the
lienholder's place of business is located. The advertisement must
contain at least the following information:
(1) A description of the vehicle, including make, type, and
manufacturer's identification number.
(2) The amount of the unpaid charges.
(3) The time, place, and date of the sale.
(e) In addition to the advertisement required under subsection (d),
the person who holds the mechanic's lien must:
(1) notify the person who owns the vehicle and any other person
who holds a lien of record at the person's last known address by
certified mail, return receipt requested; or
(2) if the vehicle is an abandoned motor vehicle, provide notice
as required under subdivision (1) if the location of the owner of
the motor vehicle or a lienholder of record is determined by the
bureau in a search under IC 9-22-1-20; IC 9-22-1-19;
that the vehicle will be sold at public auction on a specified date to
satisfy the lien imposed by this section.
(f) A person who holds a lien of record on a vehicle subject to sale
under this section may pay the storage, repair, towing, or service
charges due. If the person who holds the lien of record elects to pay the
charges due, the person is entitled to possession of the vehicle and
becomes the holder of the mechanic's lien imposed by this section.
(g) If the person who owns a vehicle subject to sale under this
section does not claim the vehicle and satisfy the lien on the vehicle,
the vehicle may be sold at public auction to the highest and best bidder
for cash. A person who holds a mechanic's lien under this section may
purchase a vehicle subject to sale under this section.
(h) A person who holds a mechanic's lien under this section may
deduct and retain the amount of the lien and the cost of the
advertisement required under subsection (d) from the purchase price
received for a vehicle sold under this section. After deducting from the
purchase price the amount of the lien and the cost of the advertisement,
the person shall pay the surplus of the purchase price to the person who
owns the vehicle if the person's address or whereabouts is known. If the
address or whereabouts of the person who owns the vehicle is not
known, the surplus of the purchase price shall be paid over to the clerk
of the circuit court of the county in which the person who holds the
mechanic's lien has a place of business for the use and benefit of the
person who owns the vehicle.
(i) A person who holds a mechanic's lien under this section shall
execute and deliver to the purchaser of a vehicle under this section a
sales certificate in the form designated by the bureau, setting forth the
following information:
(1) The facts of the sale.
(2) The vehicle identification number.
(3) The certificate of title if available.
(4) A certificate from the newspaper showing that the
advertisement was made as required under subsection (d).
Whenever the bureau receives from the purchaser an application for
certificate of title accompanied by these items, the bureau shall issue
a certificate of title for the vehicle under IC 9-17.
SECTION 20. IC 9-29-5-13.5, AS AMENDED BY HEA
1357-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.5. (a) This section applies
to a truck, trailer, or semitrailer and tractor for which a license fee
provided in section 13(b) of this chapter has been paid.
(b) Except as provided in subsections(d) and (e), if the owner of
a truck, trailer, or semitrailer and tractor described in subsection (a)
begins to operate the truck, trailer, or semitrailer and tractor in the
conduct of a commercial enterprise or for the transportation of farm
products after the commodities have entered the channels of commerce
during a registration year for which the license fee under section 13(b)
of this chapter has been paid, the owner shall pay the amount listed in
this chapter for a truck, trailer, or semitrailer and tractor of the same
declared gross weight reduced by a credit determined under subsection
(c) to license the truck, trailer, or semitrailer and tractor.
(c) The credit provided in subsection (b) equals:
(1) the license fee paid under section 13(b) of this chapter;
reduced by
(2) ten percent (10%) for each full or partial calendar month that
has elapsed in the registration year for which the license fee has
been paid.
The credit may not exceed ninety percent (90%) of the license fee paid
under section 13(b) of this chapter.
(d) Notwithstanding subsections (b) and (e) and IC 9-18-2-4, a
truck, trailer, or semitrailer and tractor described in subsection (a)
may be operated intrastate for the transportation of seasonal,
perishable fruit or vegetables to the first point of processing for a
period that consists of not more than a thirty (30) day period in a
registration year as provided by IC 9-21-21-4.3(a). Before a vehicle
may be operated as provided in this subsection, the owner shall pay
to the bureau:
(1) any license fee due under section 13(b) of this chapter; and
(2) eight and one-half percent (8.5%) of the license fee paid
under section 13(b) of this chapter.
(e) Notwithstanding subsections (b) and (d) and IC 9-18-2-4, a
truck, trailer, or semitrailer and tractor described in subsection (a)
may be operated intrastate for the transportation of tomatoes or
silage to the first point of processing for a period that consists of
not more than one (1) seventy-one (71) day period in a registration
year as provided by IC 9-21-21-4.3(b). Before a vehicle may be
operated as provided in this subsection, the owner shall pay to the
bureau:
(1) any license fee due under section 13(b) of this chapter; and
(2) seventeen percent (17%) of the license fee paid under
section 13(b) of this chapter.
SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 9-22-1-10; IC 9-22-1-20; IC 9-22-1-22;
IC 9-22-1-28; IC 9-22-1-29.
SECTION 22. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "account" means the motor vehicle highway account
established in IC 8-14-1.
(b)The funds that remain on July 1, 2007 in the abandoned
vehicle fund established by IC 9-22-1-28, as repealed by this act,
shall be transferred to the account.
(c) This SECTION expires December 31, 2007.
SECTION 23. An emergency is declared for this act.
Date: