Introduced Version






SENATE BILL No. 447

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-14-3-5; IC 25-23.7.

Synopsis: Manufactured home installers. Requires the bureau of motor vehicles to provide information concerning titles for manufactured homes to the manufactured home installer licensing board (board). Requires manufactured home installers to make quarterly reports to the board. Requires the board to investigate violations by manufactured home installers. Creates the licensed manufactured home installer safety compliance fund, and continually appropriates money in the fund.

Effective: July 1, 2013.





Yoder




    January 10, 2013, read first time and referred to Committee on Commerce, Economic Development & Technology.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 447



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-14-3-5; (13)IN0447.1.1. -->     SECTION 1. IC 9-14-3-5, AS AMENDED BY P.L.125-2012, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in subsection (b), (d), or (e), the bureau shall prepare and deliver information on titles, registrations, and licenses and permits upon the request of any person. All requests must be:
        (1) submitted in writing; or
        (2) made electronically through the computer gateway administered under IC 4-13.1-2-2(a)(5) by the office of technology;
to the bureau and, unless exempted under IC 9-29, must be accompanied by the payment of the fee prescribed in IC 9-29-2-2.
    (b) The bureau shall not disclose:
        (1) the Social Security number;
        (2) the federal identification number;
        (3) the driver's license number;
        (4) the digital image of the driver's license applicant;
        (5) a reproduction of the signature secured under IC 9-24-9-1 or IC 9-24-16-3; or
        (6) medical or disability information;
of any person except as provided in subsection (c).
    (c) The bureau may disclose any information listed in subsection (b):
        (1) to a law enforcement officer;
        (2) to an agent or a designee of the department of state revenue;
        (3) for uses permitted under IC 9-14-3.5-10(1), IC 9-14-3.5-10(4), IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
        (4) for voter registration and election purposes required under IC 3-7 or IC 9-24-2.5.
    (d) As provided under 42 U.S.C. 1973gg-3(b), the bureau may not disclose any information concerning the failure of an applicant for a motor vehicle driver's license to sign a voter registration application, except as authorized under IC 3-7-14.
    (e) The bureau may not disclose any information concerning the failure of an applicant for a title, registration, license, or permit (other than a motor vehicle license described under subsection (d)) to sign a voter registration application, except as authorized under IC 3-7-14.
     (f) The bureau shall provide information concerning titles for manufactured homes to the manufactured home installer licensing board established by IC 25-23.7-3-1. The manufactured home installer licensing board shall use the information in administering IC 25-23.7.
SOURCE: IC 25-23.7-5-5; (13)IN0447.1.2. -->     SECTION 2. IC 25-23.7-5-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Beginning April 1, 2014, a licensee shall submit to the board a quarterly report, due fifteen (15) days after the end of the quarter, for each immediately preceding quarter. The report must contain the following information:
        (1) Contact information for the individuals for whom the installation was made, including each individual's:
            (A) name;
            (B) address; and
            (C) telephone number.
        (2) Name of the licensee.

         (3) Date of the installation.
        (4) Address at which the manufactured home was installed on the date of installation.
        (5) Certification that the manufactured home was installed as follows:
            (A) For a new manufactured home, to the manufacturer's installation instructions.
            (B) For a used manufactured home, to the manufacturer's installation instructions, if available, or to the American National Standard Institute (ANSI) standard A225.1.
    (b) If two (2) or more licensees are involved in the same installation, each licensee shall list the installation in the licensee's quarterly report.
    (c) A licensee shall file quarterly reports required under this section even if no manufactured homes were installed by the licensee.
    (d) The board shall adopt rules under IC 4-22-2 to implement this section.

SOURCE: IC 25-23.7-7-4.5; (13)IN0447.1.3. -->     SECTION 3. IC 25-23.7-7-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) For purposes of this section, "fund" refers to the licensed manufactured home installer safety compliance fund established by subsection (e).
    (b) The board shall obtain information from the bureau of motor vehicles concerning manufactured home title transactions.
    (c) The board shall compare the title data obtained under subsection (b) and installation data submitted under IC 25-23.7-5-5. If the board determines that a manufactured home has been installed by an unlicensed installer or if there is a violation of this article by a licensee, the board may impose and collect a civil penalty not to exceed one thousand dollars ($1,000) against the unlicensed installer or the licensee. Fees collected under this subsection shall be deposited in the fund.
    (d) A licensee or unlicensed installer who is investigated by the board, and found by the board to have violated this article, may appeal the determination of the board under IC 4-21.5.
    (e) The licensed manufactured home installer safety compliance fund is established to provide funds for administering and enforcing this article. The fund shall be administered by the board. The fund consists of:
        (1) fines and civil penalties collected under this article; and
        (2) appropriations.
The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a state fiscal year does not revert

to the state general fund. Money in the fund is continually appropriated to the board for purposes of this section.