SB 374-3_ Filed 04/13/2009, 10:57 Espich


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 374 be amended to read as follows:

SOURCE: Page 11, line 22; (09)MO037406.11. -->     Page 11, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 6-3.5-4-1; (09)MO037406.16. -->     "SECTION 16. IC 6-3.5-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this chapter:
    "Branch office" means a branch office of the bureau of motor vehicles.
    "County council" includes the city-county council of a county that contains a consolidated city of the first class.
     "Clerk" has the meaning set forth in IC 36-1-2-4.
     "Fiscal body" has the meaning set forth in IC 36-1-2-6.
    "Governing body" refers to the following:
            (1) The fiscal body of a county.
            (2) The fiscal body of a municipality
(other than an included town under IC 36-3-1-7), if the county in which the municipality is located has not adopted a wheel tax.
    "Motor vehicle" means a vehicle which is subject to the annual license excise tax imposed under IC 6-6-5.
     "Municipality" has the meaning set forth in IC 36-1-2-11.
    "Net annual license excise tax" means the tax due under IC 6-6-5 after the application of the adjustments and credits provided by that chapter.
    "Surtax" means the annual license excise surtax imposed by a county council under this chapter.
SOURCE: IC 6-3.5-4-2; (09)MO037406.17. -->     SECTION 17. IC 6-3.5-4-2 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county council of any county A governing body may, subject to the limitation imposed by subsection subsections (c), (d), and (e), adopt an ordinance to impose an annual license excise surtax at the same rate or amount on each motor vehicle listed in subsection (b) that is registered in the county. The county council governing body may impose the surtax either:
        (1) at a rate of not less than two percent (2%) nor more than ten percent (10%); or
        (2) at a specific amount of at least seven dollars and fifty cents ($7.50) and not more than twenty-five dollars ($25).
However, the surtax on a vehicle may not be less than seven dollars and fifty cents ($7.50). The county council governing body shall state the surtax rate or amount in the ordinance which imposes the tax.
    (b) The license excise surtax applies to the following vehicles:
        (1) Passenger vehicles.
        (2) Motorcycles.
        (3) Trucks with a declared gross weight that does not exceed eleven thousand (11,000) pounds.
    (c) The county council governing body may not adopt an ordinance to impose the surtax unless it concurrently adopts an ordinance under IC 6-3.5-5 to impose the wheel tax.
     (d) A tax imposed by a county applies only to vehicles registered for a location that is in:
        (1) an unincorporated area of the county; or
        (2) a municipality that does not have a tax under this chapter in effect that was imposed before the governing body of a county imposed a tax.
    (e) The governing body of a municipality may impose a tax under this chapter only if a tax imposed under this chapter is not in effect at the same time in any of the counties in which the municipality is located under an ordinance adopted by a county governing body before the municipality's governing body adopted its ordinance.

    (d) (f) Notwithstanding any other provision of this chapter or IC 6-3.5-5, ordinances adopted by a county council before June 1, 1983, to impose or change the annual license excise surtax and the annual wheel tax in the county remain in effect until the ordinances are amended or repealed under this chapter or IC 6-3.5-5.

SOURCE: IC 6-3.5-4-3; (09)MO037406.18. -->     SECTION 18. IC 6-3.5-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. If a county council governing body adopts an ordinance imposing the surtax after December 31 but before July 1 of the following year, a motor vehicle is subject to the tax if it is registered in the county after December 31 of the year in which the ordinance is adopted. If a county council governing body adopts an ordinance imposing the surtax after June 30

but before the following January 1, a motor vehicle is subject to the tax if it is registered in the county after December 31 of the year following the year in which the ordinance is adopted. However, in the first year the surtax is effective, the surtax does not apply to the registration of a motor vehicle for the registration year that commenced in the calendar year preceding the year the surtax is first effective.

SOURCE: IC 6-3.5-4-4; (09)MO037406.19. -->     SECTION 19. IC 6-3.5-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) After January 1 but before July 1 of any year, the county council governing body may, subject to the limitations imposed by subsection (b), adopt an ordinance to rescind the surtax. If the county council governing body adopts such an ordinance, the surtax does not apply to a motor vehicle registered after December 31 of the year the ordinance is adopted.
    (b) The county council governing body may not adopt an ordinance to rescind the surtax unless it concurrently adopts an ordinance under IC 6-3.5-5 to rescind the wheel tax. In addition, the county council may not adopt an ordinance to rescind the surtax if any portion of a loan obtained by the county under IC 8-14-8 is unpaid, or if any bonds issued by the county under IC 8-14-9 are outstanding.
SOURCE: IC 6-3.5-4-5; (09)MO037406.20. -->     SECTION 20. IC 6-3.5-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) The county council governing body may, subject to the limitations imposed by subsection (b), adopt an ordinance to increase or decrease the surtax rate or amount. The new surtax rate or amount must be within the range of rates or amounts prescribed by section 2 of this chapter. A new rate or amount that is established by an ordinance that is adopted after December 31 but before July 1 of the following year applies to motor vehicles registered after December 31 of the year in which the ordinance to change the rate or amount is adopted. A new rate or amount that is established by an ordinance that is adopted after June 30 but before January 1 of the following year applies to motor vehicles registered after December 31 of the year following the year in which the ordinance is adopted.
    (b) The county council may not adopt an ordinance to decrease the surtax rate or amount under this section if any portion of a loan obtained by the county under IC 8-14-8 is unpaid, or if any bonds issued by the county under IC 8-14-9 are outstanding.
SOURCE: IC 6-3.5-4-6; (09)MO037406.21. -->     SECTION 21. IC 6-3.5-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. If a county council governing body adopts an ordinance to impose, rescind, or change the rate or amount of the surtax, the county council governing body shall send a copy of the ordinance to the commissioner of the bureau of motor vehicles.
SOURCE: IC 6-3.5-4-7; (09)MO037406.22. -->     SECTION 22. IC 6-3.5-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. A person vehicle may not register a vehicle be registered by a person in a county which

if:
        (1) the owner is an individual that resides in a county or municipality that
has adopted the surtax; or
        (2) the owner is a business or other entity that has a business address in a county or municipality that has adopted the surtax;

unless the person pays the surtax due, if any, to the bureau of motor vehicles. The amount of the surtax due equals the greater of seven dollars and fifty cents ($7.50), the amount established under section 2 of this chapter, or the product of:
        (1) the amount determined under section 7.3 of this chapter for the vehicle, as adjusted under section 7.4 of this chapter; multiplied by
        (2) the surtax rate in effect at the time of registration.
The bureau of motor vehicles shall collect the surtax due, if any, at the time a motor vehicle is registered. However, the bureau may utilize its branch offices to collect the surtax.

SOURCE: IC 6-3.5-4-9; (09)MO037406.23. -->     SECTION 23. IC 6-3.5-4-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. On or before the tenth day of the month following the month in which surtax is collected at a branch office, the branch office manager shall remit the surtax to the county treasurer of for the county or municipality that imposed the surtax. Concurrently with the remittance, the branch office manager shall file a surtax collections report with the county treasurer for the county or municipality that imposed the surtax and the county auditor. clerk of the governing body adopting the tax. The branch manager shall prepare the report on forms prescribed by the state board of accounts.
SOURCE: IC 6-3.5-4-11; (09)MO037406.24. -->     SECTION 24. IC 6-3.5-4-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. If surtax is collected directly by the bureau of motor vehicles, instead of at a branch office, the commissioner of the bureau shall:
        (1) remit the surtax to, and file a surtax collections report with, the appropriate county treasurer for the county or municipality adopting the tax; and
        (2) file a surtax collections report with the county auditor; clerk of the governing body adopting the tax;
in the same manner and at the same time that a branch office manager is required to remit and report under section 9 of this chapter.
SOURCE: IC 6-3.5-4-12; (09)MO037406.25. -->     SECTION 25. IC 6-3.5-4-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. In the case of a county that contains a consolidated city, if the county fiscal body adopted the tax, the city-county council may appropriate money derived from the surtax to the department of transportation established by IC 36-3-5-4 for use by the department under law. The city-county council may not appropriate money derived from the surtax for any

other purpose.

SOURCE: IC 6-3.5-4-13; (09)MO037406.26. -->     SECTION 26. IC 6-3.5-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) In the case of a county that does not contain a consolidated city of the first class, if the county fiscal body adopted the tax, and in the case of a municipality other than the city of Indianapolis, if the municipal fiscal body adopted the tax, the county treasurer of the county or municipality shall deposit the surtax revenues in a fund to be known as the "_________ County or Municipality (as appropriate) Surtax Fund".
    (b) This subsection applies if the county fiscal body adopted the tax. Before the twentieth day of each month, the county auditor shall allocate the money deposited in the county surtax fund during that month among the county and the cities and the towns in the county. The county auditor shall allocate the money to counties, cities, and towns under IC 8-14-2-4(c)(1) through IC 8-14-2-4(c)(3).
    (c) This subsection applies if the county fiscal body adopted the tax. Before the twenty-fifth day of each month, the county treasurer shall distribute to the county and the cities and towns in the county the money deposited in the county surtax fund during that month. The county treasurer shall base the distribution on allocations made by the county auditor for that month under subsection (b).
    (d) Except as provided in section 12 of this chapter, a county, city, or town may only use the surtax revenues it receives under this section chapter to construct, reconstruct, repair, or maintain streets and roads under its jurisdiction.
SOURCE: IC 6-3.5-4-14; (09)MO037406.27. -->     SECTION 27. IC 6-3.5-4-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) This subsection applies to a tax imposed by the county fiscal body in Marion County or a municipality other than the city of Indianapolis. On or before August 1 of each year, the auditor of a county that contains a consolidated city of the first class and clerk of the governing body that has adopted the surtax shall provide the county council governing body with an estimate of the surtax revenues to be received by the county during the next calendar year. The county or municipality shall show the estimated surtax revenues in its budget estimate for the calendar year.
    (b) This subsection applies only to a tax imposed by the county fiscal body in a county other than Marion County. On or before August 1 of each year, the auditor of a county that does not contain a consolidated city of the first class and that has adopted the surtax shall provide the county and each city and town in the county with an estimate of the surtax revenues to be distributed to that unit during the next calendar year. The county, city, or town shall show the estimated surtax revenues in its budget estimate for the calendar year.
SOURCE: IC 6-3.5-5-1; (09)MO037406.28. -->     SECTION 28. IC 6-3.5-5-1, AS AMENDED BY P.L.211-2007,

SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this chapter:
    "Branch office" means a branch office of the bureau of motor vehicles.
    "Bus" has the meaning set forth in IC 9-13-2-17(a).
    "Commercial motor vehicle" has the meaning set forth in IC 6-6-5.5-1(c).
    "County council" includes the city-county council of a county that contains a consolidated city of the first class.
     "Clerk" has the meaning set forth in IC 36-1-2-4.
     "Fiscal body" has the meaning set forth in IC 36-1-2-6.
    "Governing body" refers to the following:
            (1) The fiscal body of a county.
            (2) The fiscal body of a municipality
(other than an included town under IC 36-3-1-7), if the county in which the municipality is located has not adopted a wheel tax.
    "In-state miles" has the meaning set forth in IC 6-6-5.5-1(i).
     "Municipality" has the meaning set forth in IC 36-1-2-11.
    "Political subdivision" has the meaning set forth in IC 34-6-2-110.
    "Recreational vehicle" has the meaning set forth in IC 9-13-2-150.
    "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
    "State agency" has the meaning set forth in IC 34-6-2-141.
    "Tractor" has the meaning set forth in IC 9-13-2-180.
    "Trailer" has the meaning set forth in IC 9-13-2-184(a).
    "Truck" has the meaning set forth in IC 9-13-2-188(a).
    "Wheel tax" means the tax imposed under this chapter.

SOURCE: IC 6-3.5-5-2; (09)MO037406.29. -->     SECTION 29. IC 6-3.5-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county council of any county A governing body may, subject to the limitation imposed by subsection subsections (b), (c), and (d), adopt an ordinance to impose an annual wheel tax on each vehicle which:
        (1) is included in one (1) of the classes of vehicles listed in section 3 of this chapter;
        (2) is not exempt from the wheel tax under section 4 of this chapter; and
        (3) is registered in the county or municipality imposing the tax.
    (b) The county council of a county A governing body may not adopt an ordinance to impose the wheel tax unless it concurrently adopts an ordinance under IC 6-3.5-4 to impose the annual license excise surtax.
     (c) A tax imposed by a county only applies to vehicles registered for a location that is in:
        (1) an unincorporated area of the county; or
        (2) a municipality that does not have a tax under this chapter in effect that was imposed before the governing body of a county imposed a tax.
    (d) The governing body of a municipality may impose a tax under this chapter only if a tax imposed under this chapter is not in effect at the same time in any of the counties in which the municipality is located under an ordinance adopted by a county governing body before the municipality's governing body adopted its ordinance.

    (c) (e) The county council A governing body may impose the wheel tax at a different rate for each of the classes of vehicles listed in section 3 of this chapter. In addition, the county council governing body may establish different rates within the classes of buses, semitrailers, trailers, tractors, and trucks based on weight classifications of those vehicles that are established by the bureau of motor vehicles for use throughout Indiana. However, the wheel tax rate for a particular class or weight classification of vehicles may not be less than five dollars ($5) and may not exceed forty dollars ($40). The county council governing body shall state the initial wheel tax rates in the ordinance that imposes the tax.
SOURCE: IC 6-3.5-5-5; (09)MO037406.30. -->     SECTION 30. IC 6-3.5-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. If a county council governing body adopts an ordinance imposing the wheel tax after December 31 but before July 1 of the following year, a vehicle described in section 2(a) of this chapter is subject to the tax if it is registered, if adopted by a county fiscal body, in the county and, if adopted by a municipal fiscal body, in the municipality after December 31 of the year in which the ordinance is adopted. If a county council governing body adopts an ordinance imposing the wheel tax after June 30 but before the following January 1, a vehicle described in section 2(a) of this chapter is subject to the tax if it is registered in the county after December 31 of the year following the year in which the ordinance is adopted. However, in the first year the tax is effective, the tax does not apply to the registration of a motor vehicle for the registration year that commenced in the calendar year preceding the year the tax is first effective.
SOURCE: IC 6-3.5-5-6; (09)MO037406.31. -->     SECTION 31. IC 6-3.5-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) After January 1 but before July 1 of any year, the county council governing body may, subject to the limitations imposed by subsection (b), adopt an ordinance to rescind the wheel tax. If the county council adopts such an ordinance, the wheel tax does not apply to a vehicle registered after December 31 of the year the ordinance is adopted.
    (b) The county council governing body may not adopt an ordinance to rescind the wheel tax unless it concurrently adopts an ordinance under IC 6-3.5-4 to rescind the annual license excise surtax. In addition, the county council may not adopt an ordinance to rescind the wheel tax if any portion of a loan obtained by the county under IC 8-14-8 is unpaid, or if any bonds issued by the county under

IC 8-14-9 are outstanding.

SOURCE: IC 6-3.5-5-7; (09)MO037406.32. -->     SECTION 32. IC 6-3.5-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The county council governing body may, subject to the limitations imposed by subsection (b), adopt an ordinance to increase or decrease the wheel tax rates. The new wheel tax rates must be within the range of rates prescribed by section 2 of this chapter. New rates that are established by an ordinance that is adopted after December 31 but before July 1 of the following year apply to vehicles registered after December 31 of the year in which the ordinance to change the rates is adopted. New rates that are established by an ordinance that is adopted after June 30 but before July 1 of the following year apply to motor vehicles registered after December 31 of the year following the year in which the ordinance is adopted.
    (b) The county council may not adopt an ordinance to decrease the wheel tax rate under this section if any portion of a loan obtained by the county under IC 8-14-8 is unpaid, or if any bonds issued by the county under IC 8-14-9 are outstanding.
SOURCE: IC 6-3.5-5-8; (09)MO037406.33. -->     SECTION 33. IC 6-3.5-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. If a county council governing body adopts an ordinance to impose, rescind, or change the rates of the wheel tax, the county council governing body shall send a copy of the ordinance to the commissioner of the bureau of motor vehicles.
SOURCE: IC 6-3.5-5-9; (09)MO037406.34. -->     SECTION 34. IC 6-3.5-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. A person vehicle may not register a vehicle be registered by a person in a county which if:
        (1) the owner is an individual that resides in a county or municipality that
has adopted the wheel tax; or
        (2) the owner is a business or other entity that has a business address in a county or municipality that has adopted the wheel tax;

unless he pays the wheel tax due, if any, to the bureau of motor vehicles. The amount of the wheel tax due is based on the wheel tax rate, for that class of vehicle, in effect at the time of registration. The bureau of motor vehicles shall collect the wheel tax due, if any, at the time a motor vehicle is registered. However, the bureau may utilize its branch offices to collect the wheel tax.
SOURCE: IC 6-3.5-5-11; (09)MO037406.35. -->     SECTION 35. IC 6-3.5-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. On or before the tenth day of the month following the month in which wheel tax is collected at a branch office, the branch office manager shall remit the wheel tax to the county treasurer of for the county or municipality that imposed the wheel tax. Concurrently with the remittance, the branch office manager shall file a wheel tax collections report with the county

treasurer for the county or municipality that imposed the wheel tax and the county auditor. clerk of the governing body adopting the tax. The branch manager shall prepare the report on forms prescribed by the state board of accounts.

SOURCE: IC 6-3.5-5-13; (09)MO037406.36. -->     SECTION 36. IC 6-3.5-5-13, AS AMENDED BY P.L.211-2007, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) If the wheel tax is collected directly by the bureau of motor vehicles, instead of at a branch office, the commissioner of the bureau shall:
        (1) remit the wheel tax to, and file a wheel tax collections report with, the appropriate county treasurer for the county or municipality adopting the tax; and
        (2) file a wheel tax collections report with the county auditor; clerk of the governing body adopting the tax;
in the same manner and at the same time that a branch office manager is required to remit and report under section 11 of this chapter.
    (b) If the wheel tax for a commercial vehicle is collected directly by the department of state revenue, the commissioner of the department of state revenue shall:
        (1) remit the wheel tax to, and file a wheel tax collections report with, the appropriate county treasurer for the county or municipality adopting the tax; and
        (2) file a wheel tax collections report with the county auditor; clerk of the governing body adopting the tax;
in the same manner and at the same time that a branch office manager is required to remit and report under section 11 of this chapter.
SOURCE: IC 6-3.5-5-14; (09)MO037406.37. -->     SECTION 37. IC 6-3.5-5-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) In the case of a county that contains a consolidated city, if the county fiscal body adopted the tax, the city-county council may appropriate money derived from the wheel tax to:
        (1) the department of transportation established by IC 36-3-5-4 for use by the department under law; or
        (2) an authority established under IC 36-7-23.
    (b) The city-county council may not appropriate money derived from the wheel tax for any other purpose.
SOURCE: IC 6-3.5-5-15; (09)MO037406.38. -->     SECTION 38. IC 6-3.5-5-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) In the case of a county that does not contain a consolidated city, if the county fiscal body adopted the tax, and in the case of a municipality other than the city of Indianapolis, if the municipal fiscal body adopted the tax, the county treasurer of the county or municipality shall deposit the wheel tax revenues in a fund to be known as the "County or Municipality (as appropriate) Wheel Tax Fund".
    (b) This subsection applies if the county fiscal body adopted the tax. Before the twentieth day of each month, the county auditor shall

allocate the money deposited in the county wheel tax fund during that month among the county and the cities and the towns in the county. The county auditor shall allocate the money to counties, cities, and towns under IC 8-14-2-4(c)(1) through IC 8-14-2-4(c)(3).
    (c) This subsection applies if the county fiscal body adopted the tax. Before the twenty-fifth day of each month, the county treasurer shall distribute to the county and the cities and towns in the county the money deposited in the county wheel tax fund during that month. The county treasurer shall base the distribution on allocations made by the county auditor for that month under subsection (b).
    (d) Except as provided in section 14 of this chapter, a county, city, or town may only use the wheel tax revenues it receives under this section: chapter:
        (1) to construct, reconstruct, repair, or maintain streets and roads under its jurisdiction; or
        (2) as a contribution to an authority established under IC 36-7-23.

SOURCE: IC 6-3.5-5-16; (09)MO037406.39. -->     SECTION 39. IC 6-3.5-5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) This subsection applies to a tax imposed by the county fiscal body in Marion County or a municipality other than the city of Indianapolis. On or before August 1 of each year, the auditor of a county that contains a consolidated city of the first class and clerk of the governing body that has adopted the wheel tax shall provide the county council governing body with an estimate of the wheel tax revenues to be received by the county political subdivision during the next calendar year. The county or municipality shall show the estimated wheel tax revenues in its budget estimate for the calendar year.
    (b) This subsection applies only to a tax imposed by the county fiscal body in a county other than Marion County. On or before August 1 of each year, the auditor of a county that does not contain a consolidated city of the first class and that has adopted the wheel tax shall provide the county and each city and town in the county with an estimate of the wheel tax revenues to be distributed to that unit during the next calendar year. The county, city, or town shall show the estimated wheel tax revenues in its budget estimate for the calendar year.".
SOURCE: Page 56, line 6; (09)MO037406.56. -->     Page 56, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 9-18-2-16; (09)MO037406.59. -->     "SECTION 59. IC 9-18-2-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) A person who owns a vehicle must sign an application in ink to register the vehicle.
    (b) An application to register a vehicle must contain the following:
        (1) The:
            (A) name, bona fide residence, and mailing address, including the name of the county and municipality (if the residence is in a municipality), of the person who owns the vehicle; or
            (B) business address, including the name of the county and

municipality (if the business address is in a municipality), of the person that owns the vehicle if the person is a firm, a partnership, an association, a corporation, a limited liability company, or a unit of government.
        If the vehicle that is being registered has been leased and is subject to the motor vehicle excise tax under IC 6-6-5 or the commercial vehicle excise tax under IC 6-6-5.5, the application must contain the address of the person who is leasing the vehicle. If the vehicle that is being registered has been leased and is not subject to the motor vehicle excise tax under IC 6-6-5 or the commercial vehicle excise tax under IC 6-6-5.5, the application must contain the address of the person who owns the vehicle, the person who is the lessor of the vehicle, or the person who is the lessee of the vehicle. If a leased vehicle is to be registered under the International Registration Plan, the registration procedures are governed by the terms of the plan.
        (2) A brief description of the vehicle to be registered, including the following information if available:
            (A) The name of the manufacturer of the vehicle.
            (B) The vehicle identification number.
            (C) The manufacturer's rated capacity if the vehicle is a truck, tractor, trailer, or semitrailer.
            (D) The type of body of the vehicle.
            (E) The model year of the vehicle.
            (F) Any other information reasonably required by the bureau to enable the bureau to determine if the vehicle may be registered. The bureau may request the person applying for registration to provide the vehicle's odometer reading.
        (3) A space on the application in which the person registering the vehicle may indicate the person's desire to donate money to organizations that promote the procurement of organs for anatomical gifts. The space on the application must:
            (A) allow the person registering the vehicle to indicate the amount the person desires to donate; and
            (B) provide that the minimum amount a person may donate is one dollar ($1).
        Funds collected under this subdivision shall be deposited with the treasurer of state in a special account. The auditor of state shall monthly distribute the money in the special account to the anatomical gift promotion fund established by IC 16-19-3-26. The bureau may deduct from the funds collected under this subdivision the costs incurred by the bureau in implementing and administering this subdivision.
    (c) The department of state revenue may audit records of persons who register trucks, trailers, semitrailers, buses, and rental cars under the International Registration Plan to verify the accuracy of the

application and collect or refund fees due.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 374 as printed April 10, 2009.)

________________________________________

Representative Espich


MO037406/DI 51     2009