Citations Affected: IC 9-14; IC 24-4.6; IC 34-24.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
January 12, 2011, amended, reported favorably _ Do Pass.
January 18, 2011, read second time, ordered engrossed. Engrossed.
January 20, 2011, read third time, passed. Yeas 41, nays 6.
retailer disputing the retailer's claim or stating that, when the fuel was pumped into the vehicle, the owner was not operating the vehicle and was not responsible for paying for the fuel. Provides that if an owner sends such a response to the retailer, the retailer shall cease communications with the owner but may still seek to recover from the owner by initiating a civil action. Provides that if the owner makes complete payment for the price of fuel that has been pumped into the vehicle and certain other costs, no criminal prosecution for theft or conversion may be brought against the owner for the failure to make proper payment to the motor fuel retailer. Requires the BMV to adopt rules under which an association may obtain the names and mailing addresses of owners from the BMV for purposes of recovering for fuel theft.
A BILL FOR AN ACT to amend the Indiana Code concerning trade
(F) the removal of nonowner records from the original owner records of motor vehicle manufacturers; and
(G) motor fuel theft under IC 24-4.6-5.
(3) For use in the normal course of business by a business or its agents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submitted by an individual to the business or its agents, employees, or contractors; and
(B) if information submitted to a business is not correct or is no longer correct, to obtain the correct information only for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(4) For use in connection with a civil, a criminal, an administrative, or an arbitration proceeding in a court or government agency or before a self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or under an order of a court.
(5) For use in research activities, and for use in producing statistical reports, as long as the personal information is not published, re-disclosed, or used to contact the individuals who are the subject of the personal information.
(6) For use by an insurer, an insurance support organization, or a self-insured entity, or the agents, employees, or contractors of an insurer, an insurance support organization, or a self-insured entity in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed or impounded vehicles.
(8) For use by a licensed private investigative agency or licensed security service for a purpose allowed under this section.
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 2710 et seq.).
(10) For use in connection with the operation of private toll transportation facilities.
(11) For any use in response to requests for individual motor vehicle records when the bureau has obtained the written consent of the person to whom the personal information pertains.
section 8 of this chapter.
(b) A notice sent under subsection (a) must:
(1) state the total pump price of the motor fuel pumped into the vehicle owner's vehicle and the amount of the service charge;
(2) state how the vehicle owner is to pay the liability;
(3) include a copy of this chapter and IC 34-24-3;
(4) state that, subject to section 6(b) of this chapter, the vehicle owner is subject to liability for an amount equal to triple the total pump price of the motor fuel received plus other damages under IC 34-24-3-1 if the liability is not paid within thirty (30) days; and
(5) include a signed statement by the retailer or the employee of the retailer who reported the incident in which motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, setting forth:
(A) the date, time, and location of the incident; and
(B) the license plate number of the vehicle into which the motor fuel was pumped.
Sec. 6. (a) Subject to subsection (b), if a vehicle owner does not pay the total pump price of the motor fuel pumped and the service charge within thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, the vehicle owner:
(1) is liable to the retailer for:
(A) the total pump price of the motor fuel pumped, as set forth in the notice sent under section 5 of this chapter; and
(B) the service charge under section 4 of this chapter; and
(2) is subject to liability to the retailer for other damages, costs, fees, and expenses in an action brought by the retailer under IC 34-24-3-1.
(b) If a vehicle owner, not more than thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, sends written notice to the association of retailers:
(1) disputing the retailer's claim that motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made; or
(2) stating that, when motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, the vehicle owner was not operating the vehicle and was not responsible for paying for the motor fuel pumped into the
the vehicle owner does not become liable to the retailer under subsection (a)(1), and the association of retailers shall cease communications and all collection efforts under this chapter. However, the retailer may pursue a civil action against the vehicle owner under IC 34-24-3-1.
Sec. 7. If a vehicle owner does not:
(1) pay the total pump price of the motor fuel pumped and the service charge in response to a notice sent by a retailer under this chapter; or
(2) reply to the retailer's notice with a written notice under section 6(b)(1) or 6(b)(2) of this chapter;
the vehicle owner's civil liability under this chapter does not preclude criminal liability under IC 35-43-4-2, IC 35-43-4-3, IC 35-43-4-8, or any other law.
Sec. 8. (a) The bureau of motor vehicles shall adopt rules under IC 4-22-2 to implement a system by which an association of retailers may obtain the name and mailing address of the owner of a vehicle involved in an incident in which motor fuel is pumped into the vehicle and proper payment is not made. The bureau of motor vehicles may integrate any system established under this section with its existing programs for the release of information under IC 9-14-3.
(b) The bureau of motor vehicles may enter into an agreement with an association of retailers to establish:
(1) a fee different from the fees provided for in IC 9-29-2-2(a); or
(2) other negotiated terms for the release of vehicle owner records;
for purposes of the system established under this section.
(c) Any release of information by the bureau of motor vehicles under this section must be:
(1) consistent with the authority of the bureau of motor vehicles under IC 9-14-3.5; and
(2) in compliance with 18 U.S.C. 2721 et seq.
(d) The name and mailing address of the owner of a vehicle released by the bureau of motor vehicles under subsection (a) may be used by an association of retailers only for purposes of collection efforts under this chapter.
(e) If the owner of a vehicle makes complete payment:
(1) as set forth in section 4(a) of this chapter for the:
(A) price of motor fuel that has been pumped into the
(B) service charge of fifty dollars ($50); and
(C) cost of certified mail; or
(2) for an amount equal to triple the pump price of the motor fuel received plus other damages under IC 34-24-3-1, as set forth in section 5(b)(4) of this chapter;
no criminal prosecution for a violation of IC 35-43-4 may be brought against the owner of the vehicle for the failure to make proper payment to a retailer under this chapter.