HB 1222-1_ Filed 01/30/2012, 07:37 Yarde


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1222 be amended to read as follows:

SOURCE: Page 9, line 16; (12)MO122202.9. -->     Page 9, delete lines 16 through 19.
    Page 10, line 7, delete "IC 9-32-1-21." and insert " IC 9-32-1-20.".
    Page 10, line 33, delete "IC 9-32-1-22." and insert " IC 9-32-1-21.".
    Page 10, line 37, delete "IC 9-32-1-23." and insert " IC 9-32-1-22.".
    Page 10, line 41, delete "IC 9-32-1-24." and insert " IC 9-32-1-23.".
    Page 11, line 3, delete "IC 9-32-1-25." and insert " IC 9-32-1-24.".
    Page 11, line 16, delete "IC 9-32-1-26." and insert " IC 9-32-1-25.".
    Page 11, line 23, delete "IC 9-32-1-27." and insert " IC 9-32-1-26.".
    Page 11, line 27, delete "IC 9-32-1-28." and insert " IC 9-32-1-27.".
    Page 11, line 33, delete "IC 9-32-1-29." and insert " IC 9-32-1-28.".
    Page 11, line 39, delete "IC 9-32-1-30." and insert " IC 9-32-1-29.".
    Page 27, delete lines 19 through 23.
    Page 27, line 24, delete "21." and insert " 20.".
    Page 27, line 34, delete "22." and insert " 21.".
    Page 28, line 14, delete "23." and insert " 22.".
    Page 28, line 17, delete "24." and insert " 23.".
    Page 28, line 22, delete "25." and insert " 24.".
    Page 28, line 25, delete "26." and insert " 25.".
    Page 28, line 27, delete "27." and insert " 26.".
    Page 28, line 31, delete "28." and insert " 27.".
    Page 28, line 35, delete "29." and insert " 28.".
    Page 28, line 38, delete "30." and insert " 29.".
    Page 36, line 15, delete "motor vehicles" and insert " license plates".
    Page 36, line 17, after "(2)" insert " displayed on vehicles".
    Page 43, line 3, delete "nine (9)" and insert " eleven (11)".
    Page 43, between lines 25 and 26, begin a new line block indented and insert:
        " (7) One (1) member must represent boat dealers.
        (8) One (1) member must represent the recreational vehicle industry.
".
    Page 43, line 26, delete "five (5)" and insert " six (6)".
    Page 44, line 7, delete "Six (6)" and insert " Seven (7)".
    Page 45, between lines 14 and 15, begin a new line blocked left and insert:
" An application for a wholesale dealer license must contain the additional information required in section 2.3 of this chapter.".
    Page 46, between lines 9 and 10, begin a new paragraph and insert:
    " Sec. 2.3. In addition to the requirements of section 2 of this chapter, a license application for a wholesale dealer must contain the following:
        (1) A:
            (A) copy of a written lease that has a term of not less than one (1) year; or
            (B) copy of a deed for the property on which the wholesale dealer intends to conduct business.
        (2) If the application is the initial application, photographs of the established place of business. The photographs must include, but are not limited to the:
            (A) major exterior advertising sign; and
            (B) display and office building.
    
     Sec. 2.5. A wholesale dealer that has been issued a license under this chapter must maintain the following standards for the license to remain valid:
        (1) A conspicuous permanent sign with letters not less than six (6) inches high bearing:
            (A) the business name of the wholesale dealer; and
            (B) the hours of operation of the wholesale dealer;
        must be located in the interior of the established place of business of the wholesale dealer.
        (2) The office of the wholesale dealer must be:
            (A) housed at the established place of business of the wholesale dealer;
            (B) not less than one hundred (100) square feet; and
            (C) served with utilities such as electricity, lighting, heat, and a landline business telephone exclusively for the use of the wholesale dealer.
        (3) The wholesale dealer or an employee of the wholesale dealer must be present for the purposes of inspection of records at the established place of business of the wholesale dealer during the posted hours of operation of the business of

the wholesale dealer.
        (4) All business records of the wholesale dealer must be kept at the licensed place of business of the wholesale dealer.
".
    Page 56, delete lines 25 through 27, begin a new line block indented and insert:
        " (1) fail to pay a claim made by a dealer for compensation for:
            (A) delivery and preparation work;
            (B) warranty work; and
            (C) incentive payments;
        not later than thirty (30) days after the claim is approved;
".
    Page 85, delete lines 35 through 42, begin a new paragraph and insert:

SOURCE: ; (12)MO122202.82. -->     "SECTION 82. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "committee" refers to the joint study committee on transportation and infrastructure assessment and solutions established by IC 2-5-28.5-2.
    (b) As used in this SECTION, "secretary" refers to the secretary of state holding office as set forth in IC 4-5-1-1.
    (c) The committee shall study the feasibility of creating administrative adjudication processes for the purpose of addressing issues relating to persons licensed under IC 9-32-10.
    (d) In conducting the study required by this SECTION, the committee may consider:
        (1) the criteria contained in IC 9-32-9-8(2)(B), IC 9-32-9-8(2)(C), and IC 9-32-9-8(2)(D);
        (2) deceptive franchise practices under IC 23-2-2.7; and
        (3) other criteria that the committee considers necessary.
    (e) In conducting the study required by this SECTION, the committee shall consider, as a basis for its deliberation, House Bill 1340 (2012) as introduced.
    (f) The committee shall report the results of the study required by this SECTION to the legislative council and to the secretary in an electronic format under IC 5-14-6 on or before November 1, 2012.
".
SOURCE: Page 86, line 1; (12)MO122202.86. -->     Page 86, delete lines 1 through 12.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1222 as printed January 27, 2012.)

________________________________________

Representative Yarde


MO122202/DI 96     2012