HB 1222-1_ Filed 01/26/2012, 10:59

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Roads and Transportation     , to which was referred       House Bill 1222     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 7, line 36; (12)CR122201.7. -->     Page 7, delete lines 36 through 37.
    Page 8, delete lines 26 through 42, begin a new paragraph and insert:
SOURCE: IC 9-13-2-66.5; (12)CR122201.18. -->     "SECTION 18. IC 9-13-2-66.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 66.5. "Flood damaged vehicle", for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-13.
SOURCE: IC 9-13-2-67; (12)CR122201.19. -->     SECTION 19. IC 9-13-2-67 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 67. "Franchise", means an oral or a written agreement for a definite or an indefinite period in which a manufacturer or distributor grants to a dealer a right to use a trade name, trade or service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or related services at retail or otherwise. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-14.
SOURCE: IC 9-13-2-68; (12)CR122201.20. -->     SECTION 20. IC 9-13-2-68 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 68. "Franchisee", means a dealer to whom a franchise is granted. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-15.

SOURCE: IC 9-13-2-69; (12)CR122201.21. -->     SECTION 21. IC 9-13-2-69 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 69. "Franchisor", means a manufacturer or distributor who grants a franchise to a dealer. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-16.
SOURCE: IC 9-13-2-90; (12)CR122201.22. -->     SECTION 22. IC 9-13-2-90 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 90. "Labor rate", means the hourly labor rate charged by a franchisee for service, filed periodically with the bureau as the bureau may require, and posted prominently in the franchisee's service department. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-17.
SOURCE: IC 9-13-2-92.5; (12)CR122201.23. -->     SECTION 23. IC 9-13-2-92.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 92.5. "Lease agreement", for purposes of IC 9-23-2.5, IC 9-32, has the meaning set forth in IC 9-23-2.5-4. IC 9-32-1-18.
SOURCE: IC 9-13-2-92.7; (12)CR122201.24. -->     SECTION 24. IC 9-13-2-92.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 92.7. "Lease transaction", for purposes of IC 9-23-2.5, IC 9-32, has the meaning set forth in IC 9-23-2.5-5. IC 9-32-1-19.
SOURCE: IC 9-13-2-98.5; (12)CR122201.25. -->     SECTION 25. IC 9-13-2-98.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 98.5. "Material fact", for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-20.
SOURCE: IC 9-13-2-105; (12)CR122201.26. -->     SECTION 26. IC 9-13-2-105, AS AMENDED BY P.L.9-2010, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 105. (a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
    (b) "Motor vehicle", for purposes of IC 9-21, means:
        (1) a vehicle except a motorized bicycle that is self-propelled; or
        (2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
    (c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The

term does not include a farm tractor.
    (d) "Motor vehicle", for purposes of IC 9-30-10, does not include a motorized bicycle.
    (e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3, IC 9-32-13, includes a semitrailer.
    (f) "Motor vehicle", for purposes of IC 9-24-6, has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.

SOURCE: IC 9-13-2-114.5; (12)CR122201.27. -->     SECTION 27. IC 9-13-2-114.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 114.5. "Offer to sell" means every attempt or offer to dispose of, or solicitation of an offer to purchase, a motor vehicle or interest in a motor vehicle for hire.
SOURCE: IC 9-13-2-149.5; (12)CR122201.28. -->     SECTION 28. IC 9-13-2-149.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 149.5. (a) "Record", for purposes of IC 9-14-3.5, has the meaning set forth in IC 9-14-3.5-6.
     (b) "Record", for purposes of IC 9-32-5-14, has the meaning set forth in IC 9-32-1-21.
SOURCE: IC 9-13-2-151.5; (12)CR122201.29. -->     SECTION 29. IC 9-13-2-151.5, AS AMENDED BY P.L.37-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 151.5. "Relevant market area", for purposes of IC 9-23-3, means the following:
        (1) With respect to a new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population of more than one hundred thousand (100,000), the area within a radius of six (6) miles of the intended site of the relocated dealer. The six (6) mile distance shall be determined by measuring the distance between the nearest surveyed boundary of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the relocated new motor vehicle dealer's place of business.
        (2) With respect to a:
            (A) proposed new motor vehicle dealer; or
            (B) new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population that is not more than one hundred thousand (100,000);
        the area within a radius of ten (10) miles of the intended site of the proposed or relocated dealer. The ten (10) mile distance shall be determined by measuring the distance between the nearest

surveyed boundary line of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the proposed or relocated new motor vehicle dealer's principal place of business.
IC 9-32, has the meaning set forth in IC 9-32-1-22.

SOURCE: IC 9-13-2-154.5; (12)CR122201.30. -->     SECTION 30. IC 9-13-2-154.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 154.5. "Retail lessee", for purposes of IC 9-23-2.5, IC 9-32, has the meaning set forth in IC 9-23-2.5-6. IC 9-32-1-23.
SOURCE: IC 9-13-2-154.6; (12)CR122201.31. -->     SECTION 31. IC 9-13-2-154.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 154.6. "Retail lessor", for purposes of IC 9-23-2.5, IC 9-32, has the meaning set forth in IC 9-23-2.5-7. IC 9-32-1-24.
SOURCE: IC 9-13-2-159.5; (12)CR122201.32. -->     SECTION 32. IC 9-13-2-159.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 159.5. "Sale", for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-25.
SOURCE: IC 9-13-2-162; (12)CR122201.33. -->     SECTION 33. IC 9-13-2-162 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 162. "Scrap metal processor" means a private, commercial, or governmental enterprise having that engages in the acquisition of motor vehicles, motorcycles, semitrailers, or recreational vehicles or the remains of these vehicles and that has facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron, scrap steel, or nonferrous scrap for sale for remelting purposes. A scrap metal processor is not a disposal facility or a used parts dealer.
SOURCE: IC 9-13-2-162.5; (12)CR122201.34. -->     SECTION 34. IC 9-13-2-162.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 162.5. "Secretary", for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-26.
SOURCE: IC 9-13-2-185; (12)CR122201.35. -->     SECTION 35. IC 9-13-2-185 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 185. "Transfer dealer", means a person other than a dealer, manufacturer, or wholesale dealer who has the necessity of transferring a minimum of twelve (12) motor vehicles during a license year as part of the transfer dealer's primary business function. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-27.
SOURCE: IC 9-13-2-191.5; (12)CR122201.36. -->     SECTION 36. IC 9-13-2-191.5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 191.5. "Uniform time standards manual", for purposes of IC 9-23-3, IC 9-32, has the meaning set forth in IC 9-23-3-0.5. IC 9-32-1-28.

SOURCE: IC 9-13-2-195; (12)CR122201.37. -->     SECTION 37. IC 9-13-2-195 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 195. "Used parts dealer", means a person who primarily buys, sells, barters, exchanges, or deals in used major component parts. The term does not include a scrap metal processor. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-29.
SOURCE: IC 9-13-2-199; (12)CR122201.38. -->     SECTION 38. IC 9-13-2-199 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 199. "Wholesale dealer", means a person who is engaged in the business of buying or selling motor vehicles for resale to other dealers, wholesale dealers, transfer dealers, or persons other than the general public. for purposes of IC 9-32, has the meaning set forth in IC 9-32-1-30.".
    Delete pages 9 through 11.
SOURCE: Page 12, line 1; (12)CR122201.12. -->     Page 12, delete lines 1 through 22.
    Page 12, line 32, delete "IC 9-32-11." and insert " IC 9-32-10.".
    Page 12, line 34, delete "IC 9-32-11" and insert " IC 9-32-10".
    Page 12, line 35, strike "standards adopted by the".
    Page 12, line 36, strike "commission under IC 9-15-2-1(7) and the".
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    Page 20, delete lines 7 through 8, begin a new paragraph and insert:
SOURCE: IC 9-22-3-18.5; (12)CR122201.48. -->     "SECTION 48. IC 9-22-3-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18.5. (a) This section does not apply to a person who sells, exchanges, or transfers golf carts.
    (b) A seller that is:
        (1) a dealer; or
        (2) another person who sells, exchanges, or transfers at least five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without disclosing in writing to the purchaser, customer, or transferee, before consummating the sale, exchange, or transfer, the fact that

the vehicle is a rebuilt vehicle if the dealer or other person knows or should reasonably know the vehicle is a rebuilt vehicle.

SOURCE: IC 9-22-3-33; (12)CR122201.49. -->     SECTION 49. IC 9-22-3-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33. (a) A person who violates section 4, 5, 6, 7, 8, or 9 of this chapter commits a Class D felony.
     (b) A person who violates section 18.5 of this chapter commits a Class A misdemeanor.".
SOURCE: Page 20, line 11; (12)CR122201.20. -->     Page 20, delete lines 11 through 14, begin a new paragraph and insert:
SOURCE: IC 9-22-5-16; (12)CR122201.51. -->     SECTION 51. IC 9-22-5-16 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 16. (a) This section does not apply to a person who sells, exchanges, or transfers golf carts.
    (b) A seller that is:
        (1) a dealer; or
        (2) another person who sells, exchanges, or transfers at least five (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle without disclosing in writing to the purchaser, customer, or transferee, before consummating the sale, exchange, or transfer, the fact that the vehicle is a rebuilt vehicle if the dealer or other person knows or should reasonably know the vehicle is a rebuilt vehicle.
SOURCE: IC 9-22-5-18; (12)CR122201.52. -->     SECTION 52. IC 9-22-5-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) A disposal facility, a scrap metal processor, or an agent of a disposal facility or scrap metal processor may purchase a motor vehicle without a certificate of title for the motor vehicle if:
        (1) the motor vehicle is at least fifteen (15) model years old;
        (2) the purchase is solely for the purpose of dismantling or wrecking the motor vehicle for the recovery of scrap metal or the sale of parts; and
        (3) the disposal facility or scrap metal processor records all purchase transactions of vehicles as required in subsection (b).
    (b) A disposal facility or scrap metal processor shall maintain the following information with respect to each motor vehicle purchase transaction to which the disposal facility or scrap metal

processor is a party for at least two (2) years following the date of the purchase transaction:
        (1) The name and address of any secondary metals recycler or salvage yard.
        (2) The name, initials, or other identifying symbol of the person entering the information.
        (3) The date of the purchase transaction.
        (4) A description of the motor vehicle that was the subject of the purchase transaction, including the make and model of the motor vehicle, if practicable.
        (5) The vehicle identification number of the motor vehicle.
        (6) The amount of consideration given for the motor vehicle.
        (7) A written statement signed by the seller or the seller's agent certifying that the seller or the seller's agent has the lawful right to sell and dispose of the motor vehicle.
        (8) The name and address of the person from whom the motor vehicle is being purchased.
        (9) A photocopy or electronic scan of one (1) of the following forms of identification issued to the seller or the seller's agent:
            (A) A current and valid driver's license.
            (B) An identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government.
            (C) A government issued document bearing an image of the seller or seller's agent, as applicable.
        For purposes of complying with this subdivision, a disposal facility or scrap metal processor is not required to make a separate copy of the seller's or seller's agent's identification for each purchase transaction involving the seller or seller's agent but may instead refer to a copy maintained in reference to a particular purchase transaction.
    (c) A disposal facility or scrap metal processor may not complete a purchase transaction in the absence of the information required under subsection (b)(9).

    (d) A disposal facility, a scrap metal processor, or an agent of a disposal facility or scrap metal processor that knowingly, intentionally, or recklessly buys a motor vehicle that is less than fifteen (15) model years old without a certificate of title for the

motor vehicle commits a Class D felony.".

SOURCE: Page 20, line 30; (12)CR122201.20. -->     Page 20, delete lines 30 through 42.
    Page 21, delete lines 1 through 5.
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    Page 22, delete lines 1 through 17.
    Page 22, delete lines 31 through 35, begin a new paragraph and insert:
SOURCE: IC 9-29-7-7; (12)CR122201.80. -->     "SECTION 80. IC 9-29-7-7, AS AMENDED BY P.L.110-2006, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The revenues from the
        (1) certificate of salvage titles collected under IC 9-22-3 and
        (2) license fees collected under IC 9-22-4;
shall be deposited in the motor vehicle highway account.".
SOURCE: Page 24, line 6; (12)CR122201.24. -->     Page 24, delete lines 6 through 21.
    Page 24, line 22, delete "9." and insert " 7.".
    Page 24, line 22, delete "IC 9-32-9" and insert " IC 9-32-8".
    Page 24, line 24, delete "IC 9-32-9" and insert " IC 9-32-8".
    Page 24, line 26, delete "IC 9-32-9" and insert " IC 9-32-8".
    Page 24, line 29, delete "IC 9-32-9" and insert " IC 9-32-8".
    Page 24, line 31, delete "10." and insert " 8.".
    Page 24, line 32, delete "IC 9-32-11-1" and insert " IC 9-32-10-1".
    Page 24, line 35, delete "11." and insert " 9.".
    Page 24, line 36, delete "IC 9-32-11-1" and insert " IC 9-32-10-1".
    Page 24, line 41, delete "12." and insert " 10.".
    Page 25, line 2, delete "IC 9-32-11-1" and insert " IC 9-32-10-1".
    Page 25, line 13, delete "13." and insert " 11.".
    Page 25, line 14, delete "IC 9-32-11-4" and insert " IC 9-32-10-4".
    Page 25, line 15, delete "14." and insert " 12.".
    Page 25, line 16, delete "IC 9-32-11-9" and insert " IC 9-32-10-9".
    Page 25, line 17, delete "15." and insert " 13.".
    Page 25, line 18, delete "IC 9-32-11-16 "and insert " IC 9-32-10-16".
    Page 25, line 19, delete "16." and insert " 14.".
    Page 25, line 21, delete "sections 8 through 9" and insert " section 7".
    Page 25, delete lines 37 through 40, begin a new paragraph and insert:
    " Sec. 15. The revenue from the license fees collected under

IC 9-32-8 shall be deposited in the motor vehicle highway account.".
    Page 25, line 41, delete "18." and insert " 16.".
    Page 25, line 41, delete "13" and insert " 11".
    Page 25, line 41, delete "15" and insert " 13".
    Page 26, between lines 29 and 30, begin a new paragraph and insert:
    " Chapter 0.5. Application
    Sec. 1. Nothing in this article shall be construed to limit the authority of the bureau to administer this title.
".
    Page 26, line 39, delete "IC 9-32-10-1." and insert " IC 9-32-9-1.".
    Page 28, delete lines 30 through 42 and insert:
    " Sec. 13. (a) "Flood damaged vehicle" means a passenger motor vehicle that satisfies either of the following:
        (1) The vehicle has been acquired by an insurance company as part of a damage settlement due to water damage.
        (2) The vehicle has been submerged in water to the point that rising water has reached over the door sill, has entered the passenger or trunk compartment, and has exposed any electrical, computerized, or mechanical component to water.
    (b) The term does not include a passenger motor vehicle that an inspection conducted by an insurance adjuster or estimator, a motor vehicle repairer, or a motor vehicle dealer determines:
        (1) has no electrical, computerized, or mechanical components that were damaged by water; or
        (2) has one (1) or more electrical, computerized, or mechanical components that were damaged by water, and all such damaged components have been repaired or replaced.
    Sec. 14. "Franchise" means an oral or a written agreement for a definite or an indefinite period in which a manufacturer or distributor grants to a dealer a right to use a trade name, trade or service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or related services at retail or otherwise.
    Sec. 15. "Franchisee" means a dealer to whom a franchise is granted.
    Sec. 16. "Franchisor" means a manufacturer or distributor who grants a franchise to a dealer.
    Sec. 17. "Labor rate" means the hourly labor rate charged by

a franchisee for service, filed periodically with the division as the division may require, and posted prominently in the franchisee's service department.
    Sec. 18. "Lease agreement" means a written agreement entered into in Indiana for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four (4) months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. The term does not include an agreement that covers an absolute sale, a sale pending approval, or a retail installment sale.
    Sec. 19. "Lease transaction" means a presentation made to a retail lessee concerning a motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement.
    Sec. 20. "Material fact" includes, but is not limited to:
        (1) the misinformation or omission of any information to the division; or
        (2) any misinformation or omission of any information to a consumer in the course of an offer of sale.
    Sec. 21. "Record" includes, but is not limited to, the following:
        (1) Bills of sale.
        (2) Finance agreements.
        (3) Titles.
        (4) Inventory records.
        (5) Sales receipts from auctions.
        (6) Form ST-108 (department of state revenue certificate of gross retail or use tax paid on the purchase of a motor vehicle or watercraft).
        (7) Interim plate log.
    Sec. 22. "Relevant market area" means the following:
        (1) With respect to a new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population of more than one hundred thousand (100,000), the area within a radius of six (6) miles of the intended site of the relocated dealer. The six (6) mile distance shall be determined by measuring the distance between the nearest surveyed

boundary of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the relocated new motor vehicle dealer's place of business.
        (2) With respect to a:
            (A) proposed new motor vehicle dealer; or
            (B) new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population that is not more than one hundred thousand (100,000);
        the area within a radius of ten (10) miles of the intended site of the proposed or relocated dealer. The ten (10) mile distance shall be determined by measuring the distance between the nearest surveyed boundary line of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the proposed or relocated new motor vehicle dealer's principal place of business.
    Sec. 23. "Retail lessee" means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes.
    Sec. 24. "Retail lessor" means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. The term includes an agent or affiliate who acts on behalf of the retail lessor and excludes any assignee of the lease agreement.
    Sec. 25. "Sale" includes every contract of sale, contract to sell, or disposition of a motor vehicle or interest in a motor vehicle for value.
    Sec. 26. "Secretary" refers to the secretary of state holding office as set forth in IC 4-5-1-1.
    Sec. 27. "Transfer dealer" means a person other than a dealer, manufacturer, or wholesale dealer who has the necessity of transferring at least twelve (12) motor vehicles during a license year as part of the transfer dealer's primary business function.
    Sec. 28. "Uniform time standards manual" means a schedule established by a manufacturer or distributor setting forth the time allowances for the diagnosis and performance of warranty work and service.
    Sec. 29. "Used parts dealer" means a person who primarily buys, sells, barters, exchanges, or deals in used major component

parts. The term does not include a scrap metal processor.
    Sec. 30. "Wholesale dealer" means a person who is engaged in the business of buying or selling motor vehicles for resale to other dealers, wholesale dealers, transfer dealers, or persons other than the general public.
".
    Delete pages 29 through 30.
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    Page 32, line 36, delete "2." and insert " 1.".
    Page 33, line 37, delete "violation." and insert " violation in a calendar year.".
    Page 33, line 38, delete "violation." and insert " violation in a calendar year.".
    Page 33, line 39, delete "violations." and insert " violations in a calendar year.".
    Page 34, line 42, delete "five (5)" and insert " ten (10)".
    Page 35, line 2, delete "3." and insert " 2.".
    Page 37, line 37, delete "IC 9-32-11" and insert " IC 9-32-10".
    Page 41, line 15, delete "IC 9-32-11" and insert " IC 9-32-10".
    Page 41, line 29, delete "IC 9-29-17-16(b);" and insert " IC 9-29-17-14(b);".
    Page 41, line 30, delete "IC 9-29-17-16(c);" and insert " IC 9-29-17-14(c);".
    Page 41, line 31, delete "IC 9-29-17-18;" and insert " IC 9-29-17-16;".
    Page 42, line 3, delete "IC 9-32-3-2(c);" and insert " IC 9-32-3-1(c);".
    Page 42, line 4, delete "IC 9-32-16-1(f);" and insert " IC 9-32-15-1(f);".
    Page 42, line 5, delete "IC 9-32-16-17 (d);" and insert " IC 9-32-15-17(d);".
    Page 42, line 6, delete "IC 9-32-17-9;" and insert " IC 9-32-16-8;".
    Page 42, line 7, delete "IC 9-32-17-11." and insert " IC 9-32-16-10.".
    Page 42, line 25, delete "IC 9-29-17-10" and insert " IC 9-29-17-8".
    Page 42, line 25, delete "IC 9-29-17-12" and insert " IC 9-29-17-10".
    Page 43, delete line 42.


    Delete pages 44 through 51.
    Page 52, delete lines 1 through 34.
    Page 52, line 35, delete "9." and insert " 8.".
    Page 53, line 18, delete "IC 9-29-17-9." and insert " IC 9-29-17-7.".
    Page 54, line 14, delete "IC 9-32-16." and insert " IC 9-32-15.".
    Page 55, line 6, delete "10." and insert " 9.".
    Page 56, line 28, delete "11." and insert " 10.".
    Page 63, line 10, delete "IC 9-29-17-15." and insert " IC 9-29-17-13.".
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    Page 64, line 16, delete "13." and insert " 12.".
    Page 65, line 17, delete "(a)".
    Page 65, delete lines 29 through 30.
    Page 74, line 9, delete "14." and insert " 13.".
    Page 74, line 41, delete "15." and insert " 14.".
    Page 76, line 21, delete "16." and insert " 15.".
    Page 89, line 42, delete "17." and insert " 16.".
    Page 90, line 1, delete "Except as provided in section 9 of this chapter, a person" and insert " Except as provided in section 8 of this chapter, a person who violates this article, a rule established under this article, or an order issued by the secretary is subject to a civil penalty of up to ten thousand dollars ($10,000) for each act of violation. Civil penalties recovered under this section shall be paid to the state and deposited into the dealer enforcement account established by IC 9-32-6-2.
    Sec. 2. (a) Except as provided in subsections (b) and (c), a person who violates IC 9-32-3 commits a Class C infraction.
    (b) A person who knowingly or intentionally violates IC 9-32-3-1(a)(1), IC 9-32-3-1(a)(2), IC 9-32-3-1(a)(4), IC 9-32-3-1(a)(5), or IC 9-32-3-1(d) commits a Class B misdemeanor.
    (c) A person who knowingly or intentionally violates IC 9-32-3-1(a)(3) commits a:
        (1) Class A misdemeanor for the first violation; and
        (2) Class D felony for a second or subsequent unrelated violation.
    Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally violates any of the following commits a

Class A misdemeanor:
        (1) IC 9-32-5-7.
        (2) IC 9-32-5-10.
        (3) IC 9-32-5-11(d).
        (4) IC 9-32-5-12.
    (b) A person who knowingly or intentionally violates IC 9-32-5-13 commits a Class C misdemeanor.
    Sec. 4. A person who knowingly or intentionally violates any of the following commits a Class B misdemeanor:
        (1) IC 9-32-8-1.
        (2) IC 9-32-8-2.
        (3) IC 9-32-8-10.
    Sec. 5. A person who knowingly or intentionally violates:
        (1) IC 9-32-10-1; or
        (2) IC 9-32-10-12;
commits a Class A misdemeanor.
    Sec. 6. (a) Except as provided in subsection (b), a person who knowingly or intentionally violates IC 9-32-12 commits a Class B misdemeanor.
    (b) A person who knowingly or intentionally violates:
        (1) IC 9-32-12-25; or
        (2) IC 9-32-12-26;
commits a Class A misdemeanor.
    Sec. 7. A person who knowingly or intentionally violates IC 9-32-15-13 commits a Class D felony.
    Sec. 8. A dealer who fails to deliver a certificate of origin or title under IC 9-32-4-2 or IC 9-32-4-8 or fails to deliver timely a certificate of title under IC 9-32-3-1(c) is subject to the following civil penalties:
        (1) One hundred dollars ($100) for the first violation in a calendar year.
        (2) Two hundred fifty dollars ($250) for the second violation in a calendar year.
        (3) Five hundred dollars ($500) for all subsequent violations in a calendar year.
Payment shall be made to the secretary and deposited in the dealer enforcement account established under IC 9-32-6-2.
    Sec. 9. A retail lessor who fails to comply with IC 9-32-11, as set

forth in IC 9-32-11-4, is liable to the retail lessee for:
        (1) actual damages sustained;
        (2) a civil penalty of not more than one thousand dollars ($1,000) per lease transaction; and
        (3) reasonable attorney's fees and costs.
    Sec. 10. In addition to all other remedies, the secretary may seek the following remedies against a person that violates, attempts to violate, or assists in a violation of or an attempt to violate IC 9-32-15:
        (1) An injunction.
        (2) Appointment of a receiver or conservator.
        (3) A civil penalty not to exceed ten thousand dollars ($10,000) per violation.
        (4) An action to enforce a civil penalty assessed under subdivision (3).

Civil penalties recovered under this section shall be paid to the state and deposited into the dealer enforcement account established by IC 9-32-6-2.".
    Page 90, delete lines 2 through 42.
    Page 91, delete lines 1 through 41.
    Page 94, line 37, delete "IC 9-32-11-16." and insert " IC 9-32-10-16.".
    Page 94, delete lines 40 through 42, begin a new paragraph and insert:

SOURCE: IC 24-5-13-15; (12)CR122201.95. -->     "SECTION 95. IC 24-5-13-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:
        (1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to exist; or
        (2) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.
    (b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which repair services are not available as a direct result of a strike, civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The

manufacturer, its agent, or an authorized dealer shall provide or make provision for the free use of a vehicle to any buyer whose vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.
    (c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.".

SOURCE: Page 95, line 1; (12)CR122201.95. -->     Page 95, delete lines 1 through 2.
    Page 96, reset in roman lines 14 through 19.
    Page 96, between lines 21 and 22, begin a new line block indented and insert:
    " IC 9-22-5-18 (Concerning buying a motor vehicle without a certificate of title).".
    Page 97, line 18, delete "IC 9-32-17-2" and insert " IC 9-32-16-2".
    Page 97, line 19, delete "IC 9-32-17-3" and insert " IC 9-32-16-3".
    Page 97, delete line 20.
    Page 97, line 21, delete "IC 9-32-17-5" and insert " IC 9-32-16-4".
    Page 97, line 22, delete "IC 9-32-17-6" and insert " IC 9-32-16-5".
    Page 97, line 24, delete "IC 9-32-17-7" and insert " IC 9-32-16-6".
    Page 97, line 25, delete "IC 9-32-17-8" and insert " IC 9-32-16-7".
    Page 97, after line 31, begin a new paragraph and insert:
SOURCE: ; (12)CR122201.91. -->     "SECTION 91. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "board" refers to the motor vehicle sales advisory board established by IC 9-32-10-1.
    (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 board shall study the feasibility of creating administrative adjudication processes for the purposes of addressing issues related to persons licensed under IC 9-32-11.
    (d) In conducting the study required by this SECTION, the board may consider:
        (1) the criteria contained in IC 9-32-10-8(2)(B), IC 9-32-10-8(2)(C), and IC 9-32-10-8(2)(D);
        (2) deceptive franchise practices under IC 23-2-2.7; and
        (3) other criteria that the board considers necessary.
    (e) In conducting the study required by this SECTION, the

board shall consider, as a basis for its deliberation, House Bill 1340 (2012) as introduced.
    (f) The board shall report the results of the study required by this SECTION to the legislative council and to the secretary by electronic format under IC 5-14-6 on or before November 1, 2012.
    (g) This SECTION expires December 31, 2012.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1222 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Soliday


CR122201/DI 96    2012