SB 563-1_ Filed 03/20/2013, 14:47


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Roads and Transportation     , to which was referred       Senate Bill 563     , 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 5, line 21; (13)AM056305.5. -->     Page 5, delete lines 21 through 41, begin a new paragraph and insert:
SOURCE: IC 9-13-2-92; (13)AM056305.8. -->     "SECTION 8. IC 9-13-2-92, AS AMENDED BY SEA 85-2013, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 92. (a) "Law enforcement officer", except as provided in subsection (b), includes the following:
        (1) A state police officer.
        (2) A city, town, or county police officer.
        (3) A sheriff.
        (4) A county coroner.
        (5) A conservation officer.
        (6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
        (7) A member of a consolidated law enforcement department

established under IC 36-3-1-5.1.
        (8) An excise police officer of the alcohol and tobacco commission.
        (9) A gaming control officer employed by the gaming control division under IC 4-33-20.
The term refers to a law enforcement officer having jurisdiction in Indiana, unless the context clearly refers to a law enforcement officer from another state or a territory or federal district of the United States.
    (b) "Law enforcement officer", for purposes of IC 9-30-6 and IC 9-30-7, has the meaning set forth in IC 35-31.5-2-185.".

SOURCE: Page 7, line 6; (13)AM056305.7. -->     Page 7, delete lines 6 through 24, begin a new paragraph and insert:
SOURCE: IC 9-13-2-127; (13)AM056305.14. -->     "SECTION 14. IC 9-13-2-127, AS AMENDED BY SEA 85-2013, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 127. (a) "Police officer" means, except as provided in subsection (b), the following:
        (1) A regular member of the state police department.
        (2) A regular member of a city or town police department.
        (3) A town marshal or town marshal deputy.
        (4) A regular member of a county sheriff's department.
        (5) A conservation officer of the department of natural resources.
        (6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
        (7) An excise police officer of the alcohol and tobacco commission.
        (8) A gaming control officer employed by the gaming control division under IC 4-33-20.
The term refers to a police officer having jurisdiction in Indiana, unless the context clearly refers to a police officer from another state or a territory or federal district of the United States.
    (b) "Police officer", for purposes of IC 9-21, means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.".
SOURCE: Page 11, line 8; (13)AM056305.11. -->     Page 11, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 9-17-3-3; (13)AM056305.23. -->     "SECTION 23. IC 9-17-3-3, AS AMENDED BY P.L.1-2009, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If a vehicle for which a certificate of title has been issued is sold or if the ownership of the vehicle is transferred

in any manner other than by a transfer on death conveyance under section 9 of this chapter, the person who holds the certificate of title must do the following:
        (1) Endorse on the certificate of title an assignment of the certificate of title with warranty of title, in a form printed on the certificate of title, with a statement describing all liens or encumbrances on the vehicle.
        (2) Except as provided in subdivisions (4) and (5), deliver the certificate of title to the purchaser or transferee at the time of the sale or delivery to the purchaser or transferee of the vehicle, if the purchaser or transferee has made all agreed upon initial payments for the vehicle, including delivery of a trade-in vehicle without hidden or undisclosed statutory liens.
        (3) Unless the vehicle is being sold or transferred to a dealer licensed under IC 9-23-2, complete all information concerning the purchase on the certificate of title, including, but not limited to:
            (A) the name and address of the purchaser; and
            (B) the sale price of the vehicle.
        (4) In the case of a sale or transfer between vehicle dealers licensed by this state or another state, deliver the certificate of title within twenty-one (21) days after the date of the sale or transfer.
        (5) Deliver the certificate of title to the purchaser or transferee within twenty-one (21) days after the date of sale or transfer to the purchaser or transferee of the vehicle, if all of the following conditions exist:
            (A) The seller or transferor is a vehicle dealer licensed by the state under IC 9-23.
            (B) The vehicle dealer is not able to deliver the certificate of title at the time of sale or transfer.
            (C) The vehicle dealer reasonably believes that it will be able to deliver the certificate of title, without a lien or an encumbrance on the certificate of title, within the twenty-one (21) day period.
            (D) The vehicle dealer provides the purchaser or transferee with an affidavit under section 3.1 of this chapter.
            (E) The purchaser or transferee has made all agreed upon initial payments for the vehicle, including delivery of a

trade-in vehicle without hidden or undisclosed statutory liens.
    (b) A licensed dealer may offer for sale a vehicle for which the dealer does not possess a certificate of title, if the dealer can comply with subsection (a)(4) or (a)(5) at the time of the sale.
    (c) A vehicle dealer who fails to deliver a certificate of title within the time specified under this section is subject to the following civil penalties:
        (1) One hundred dollars ($100) for the first violation.
        (2) Two hundred fifty dollars ($250) for the second violation.
        (3) Five hundred dollars ($500) for all subsequent violations.
Payment shall be made to the secretary of state and deposited in the state general fund. In addition, if a purchaser or transferee does not receive a valid certificate of title within the time specified by this section, the purchaser or transferee shall have the right to return the vehicle to the vehicle dealer ten (10) days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title and the dealer's failure to deliver a valid certificate of title within that ten (10) day period. Upon return of the vehicle to the dealer in the same or similar condition as delivered to the purchaser or transferee under this section, the vehicle dealer shall pay to the purchaser or transferee the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount paid to the dealer by the purchaser.
    (d) For purposes of this subsection, "timely deliver", with respect to a third party, means to deliver to the purchaser or transferee with a postmark dated or hand delivered not more than ten (10) business days after there is no obligation secured by the vehicle. If the dealer's inability to timely deliver a valid certificate of title results from the acts or omissions of a third party who has failed to timely deliver a valid certificate of title to the dealer, the dealer is entitled to claim against the third party one hundred dollars ($100). If:
        (1) the dealer's inability to timely deliver a valid certificate of title results from the acts or omissions of a third party who has failed to timely deliver the certificate of title in the third party's possession to the dealer; and
        (2) the failure continues for ten (10) business days after the dealer gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages sustained by the dealer in rescinding the dealer's sale with the

purchaser or transferee, including the dealer's reasonable attorney's fees.
    (e) (b) If a vehicle for which a certificate of title has been issued by another state is sold or delivered, the person selling or delivering the vehicle must deliver to the purchaser or receiver of the vehicle a proper certificate of title with an assignment of the certificate of title in a form prescribed by the bureau.
    (f) (c) The original certificate of title and all assignments and subsequent reissues of the certificate of title shall be retained by the bureau and appropriately classified and indexed in the most convenient manner to trace title to the vehicle described in the certificate of title.
    (g) (d) A dealer shall make payment to a third party to satisfy any obligation secured by the vehicle within five (5) days after the date of sale.

SOURCE: IC 9-17-3-3.1; (13)AM056305.24. -->     SECTION 24. IC 9-17-3-3.1 IS REPEALED [EFFECTIVE JULY 1, 2013]: Sec. 3.1. The affidavit required by section 3(a)(5) of this chapter shall be printed in the following form:
STATE OF INDIANA    )
    ) ss:
COUNTY OF ____________    )
    I affirm under the penalties for perjury that all of the following are true:
        (1) That I am a dealer licensed under IC 9-23.
        (2) That I cannot deliver a valid certificate of title to the retail purchaser of the vehicle described in paragraph (3) at the time of sale of the vehicle to the retail purchaser. The identity of the previous seller or transferor is __________________________. Payoff of lien was made on (date)_______. I expect to deliver a valid and transferable certificate of title not later than (date)_______________ from the (State of)________ to the purchaser.
        (3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle identification number is __________________.
        Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS

AFFIDAVIT.
___________________________________
Customer Signature

NOTICE TO THE CUSTOMER

    If you do not receive a valid certificate of title within the time specified by this affidavit, you have the right to return the vehicle to the vehicle dealer ten (10) days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title and after the vehicle dealer's failure to deliver a valid certificate of title within that ten (10) day period. Upon return of the vehicle to the vehicle dealer in the same or similar condition as when it was delivered to you, the vehicle dealer shall pay you the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount that you paid to the vehicle dealer.
    If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lienholder to timely deliver the certificate of title in the third party's possession to the dealer not more than ten (10) business days after there is no obligation secured by the vehicle. If the dealer's inability to deliver a valid certificate of title to you within the above-described ten (10) day period results from the acts or omissions of a third party who has failed to timely deliver the certificate of title in the third party's possession to the dealer, the dealer may be entitled to claim against the third party the damages allowed by law.".
SOURCE: Page 11, line 33; (13)AM056305.11. -->     Page 11, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 9-17-3-7; (13)AM056305.26. -->     "SECTION 26. IC 9-17-3-7, AS AMENDED BY P.L.131-2008, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) This section does not apply to section 5 of this chapter.
    (b) Except as provided in subsection (c), a person who violates this chapter commits a Class C infraction.
    (c) A person who knowingly or intentionally violates:
        (1) section 3(a)(1) or 3(a)(2) 3(a)(4), or 3(a)(5) of this chapter commits a Class B misdemeanor; or
        (2) section 3(a)(3) of this chapter commits:
            (A) a Class A misdemeanor for the first violation; or
            (B) a Class D felony for the second violation or any subsequent violation.".
SOURCE: Page 19, line 34; (13)AM056305.19. -->     Page 19, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 9-17-8-1; (13)AM056305.48. -->     "SECTION 48. IC 9-17-8-1, AS AMENDED BY P.L.147-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A manufacturer, a converter manufacturer, an automotive mobility dealer, a dealer, or other person may not sell or otherwise dispose of a new motor vehicle to another person, to be used by the other person for purposes of display or resale, without delivering to the other person a manufacturer's certificate of origin under this chapter that indicates the assignments of the certificate of origin necessary to show the ownership of the title to a person who purchases the motor vehicle.
SOURCE: IC 9-17-8-5; (13)AM056305.49. -->     SECTION 49. IC 9-17-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) If a dealer purchases or acquires ownership of a:
        (1) motor vehicle;
        (2) semitrailer; or
        (3) recreational vehicle;
in a state that does not have a certificate of title law, the dealer shall apply for an Indiana certificate of title for the motor vehicle, semitrailer, or recreational vehicle not more than thirty-one (31) days from the date of purchase or the date ownership of the motor vehicle, semitrailer, or recreational vehicle was acquired.
    (b) The bureau shall collect a delinquent title fee as provided in IC 9-29 if a dealer fails to apply for certificate of title for a motor vehicle, semitrailer, or recreational vehicle as described under subsection (a).".
SOURCE: Page 41, line 20; (13)AM056305.41. -->     Page 41, line 20, strike "abandoned".
    Page 41, line 20, after "vehicle" insert " believed to be abandoned".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 563 as reprinted February 19, 2013.)

and when so amended that said bill do pass.

__________________________________

Representative Soliday


AM056305/DI 96    2013