HB 1170-1_ Filed 02/08/2001, 10:13
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
9
NO:
2
MR. SPEAKER:
Your Committee on Roads and Transportation , to which was referred House Bill
1170 , 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 1, line 1; (01)AM117001.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-7-14-3; (01)AM117001.1. -->
"SECTION 1.
IC 3-7-14-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 3. The bureau of
motor vehicles commission is the state's motor vehicle authority for
purposes of NVRA.
SOURCE: IC 3-7-32-5; (01)AM117001.2. -->
SECTION 2.
IC 3-7-32-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002]: Sec. 5. (a) This section does not
apply to a registration by mail form.
(b) Each voter applying to register at the county voter registration
office shall, upon completing the voter registration form, receive a
notice of disposition stating whether the voter's name has been added
to the registration rolls if the application is approved.
(c) Each voter applying to register before
a the bureau of motor
vehicles commission or a voter registration agency shall, upon
completing the voter registration application form, receive a
registration acknowledgement stating that the registration form will be
forwarded to the appropriate county voter registration office so that the
voter's name may be added to the registration rolls if the application is
approved.
SOURCE: IC 3-7-34-5; (01)AM117001.3. -->
SECTION 3.
IC 3-7-34-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002]: Sec. 5. If a registration form
contains all of the information required to be supplied by the voter, but
does not include the information required to be supplied by the bureau
of motor vehicles commission or a voter registration agency, the circuit
court clerk or board of registration shall promptly make one (1) effort
to contact the officer, commission, bureau, or agency to obtain the
information.
SOURCE: IC 3-7-34-7; (01)AM117001.4. -->
SECTION 4.
IC 3-7-34-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002]: Sec. 7. (a) The circuit court clerk
or board of registration shall certify to the county election board a list
of the registration forms that have been processed under section 6 of
this chapter but do not contain information required to be supplied by
the bureau of motor vehicles commission or a voter registration agency.
(b) The county election board shall notify the commission bureau
of motor vehicles or agency by United States first class mail that the
commission bureau of motor vehicles or agency is required to supply
the omitted information not later than thirty (30) days after the date of
the letter.
SOURCE: IC 5-10.3-7-2; (01)AM117001.5. -->
SECTION 5.
IC 5-10.3-7-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. The following
employees may not be members of the fund:
(1) Officials of a political subdivision elected by vote of the
people, unless the governing body specifically provides for the
participation of locally elected officials.
(2) Employees occupying positions normally requiring
performance of service of less than six hundred (600) hours
during a year who:
(A) were hired before July 1, 1982; or
(B) are employed by a participating school corporation.
(3) Independent contractors or officers or employees paid wholly
on a fee basis.
(4) Employees who occupy positions that are covered by other
pension or retirement funds or plans, maintained in whole or in
part by appropriations by the state or a political subdivision,
except:
(A) the federal Social Security program; and
(B) the prosecuting attorneys retirement fund created by
IC 33-14-9.
(5) Managers or employees of a license branch of the bureau of
motor vehicles commission, except those persons who may be
included as members under IC 9-16-4.
(6) (5) Employees, except employees of a participating school
corporation, hired after June 30, 1982, occupying positions
normally requiring performance of service of less than one
thousand (1,000) hours during a year.
(7) (6) Persons who:
(A) are employed by the state;
(B) have been classified as federal employees by the Secretary
of Agriculture of the United States; and
(C) are covered by the federal Social Security program as
federal employees under 42 U.S.C. 410.
(8) (7) Members and employees of the state lottery commission.
SOURCE: IC 5-14-3-2; (01)AM117001.6. -->
SECTION 6.
IC 5-14-3-2
, AS AMENDED BY P.L.256-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 2. As used in this chapter:
"Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
"Direct cost" means one hundred five percent (105%) of the sum of
the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter.
"Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
"Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
"Facsimile machine" means a machine that electronically transmits
exact images through connection with a telephone network.
"Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
"Investigatory record" means information compiled in the course of
the investigation of a crime.
"Patient" has the meaning set out in
IC 16-18-2-272
(d).
"Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
"Provider" has the meaning set out in
IC 16-18-2-295
(a) and
includes employees of the state department of health or local boards of
health who create patient records at the request of another provider or
who are social workers and create records concerning the family
background of children who may need assistance.
"Public agency" means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by
IC 36-1-2-13
); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the state board of tax
commissioners or the governing body of a county, city, town,
township, or school corporation; or
(B) an audit by the state board of accounts.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcoholic
beverage commission, conservation officers of the department of
natural resources, and the security division of the state lottery
commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) (7) The state lottery commission, including any department,
division, or office of the commission.
(9) (8) The Indiana gaming commission established under
IC 4-33, including any department, division, or office of the
commission.
(10) (9) The Indiana horse racing commission established by
IC 4-31, including any department, division, or office of the
commission.
"Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, used, or filed by or with a
public agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
"Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
"Trade secret" has the meaning set forth in
IC 24-2-3-2.
"Work product of an attorney" means information compiled by an
attorney in reasonable anticipation of litigation and includes the
attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SOURCE: IC 6-1.1-10-2; (01)AM117001.7. -->
SECTION 7.
IC 6-1.1-10-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. Except as
otherwise provided by law, the property owned by this state or a state
agency or the bureau of motor vehicles commission is exempt from
property taxation.
SOURCE: IC 6-1.1-11-4; (01)AM117001.8. -->
SECTION 8.
IC 6-1.1-11-4
, AS AMENDED BY P.L.14-2000,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 4. (a) The exemption application referred to
in section 3 of this chapter is not required if the exempt property is
owned by the United States, the state, an agency of this state, or a
political subdivision (as defined in
IC 36-1-2-13
). However, this
subsection applies only when the property is used, and in the case of
real property occupied, by the owner.
(b) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is a cemetery:
(1) described by
IC 6-1.1-2-7
; or
(2) maintained by a township executive under
IC 23-14-68.
(c) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is owned by the bureau of motor
vehicles commission established under IC 9-15-1.
(d) (c) The exemption application referred to in section 3 of this
chapter is not required if:
(1) the exempt property is:
(A) tangible property used for religious purposes described in
IC 6-1.1-10-21
; or
(B) tangible property owned by a church or religious society
used for educational purposes described in
IC 6-1.1-10-16
; and
(2) the exemption application referred to in section 3 of this
chapter was filed properly at least once after the property was
designated for a religious use as described in
IC 6-1.1-10-21
or an
educational use as described in
IC 6-1.1-10-16.
However, if title to any of the real property subject to the exemption
changes or any of the tangible property subject to the exemption is used
for a nonexempt purpose after the date of the last properly filed
exemption application, this subsection does not apply.
SOURCE: IC 6-6-5-7; (01)AM117001.9. -->
SECTION 9.
IC 6-6-5-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002]: Sec. 7. (a) In respect to a vehicle
that has been acquired, or brought into the state, or for any other reason
becomes subject to registration after the regular annual registration
date in the year on or before which the owner of the vehicle is required,
under the motor vehicle registration laws of Indiana, to register
vehicles, the tax imposed by this chapter shall become due and payable
at the time the vehicle is acquired, brought into the state, or otherwise
becomes subject to registration and the amount of tax to be paid by the
owner for the remainder of the year shall be reduced by ten percent
(10%) for each full calendar month that has elapsed since the regular
annual registration date in the year fixed by the motor vehicle
registration laws for annual registration by the owner. The tax shall be
paid at the time of the registration of the vehicle.
(b) In the case of a vehicle that is acquired, or brought into the state,
or for any other reason becomes subject to registration after January 1
of any year, then the owner may pay the applicable registration fee on
the vehicle as provided in the motor vehicle registration laws and any
excise tax due on the vehicle for the remainder of the annual
registration year and simultaneously register the vehicle and pay the
applicable registration fee and the excise tax due for the next
succeeding annual registration year.
(c) Except as provided in subsection (f), no reduction in the
applicable annual excise tax will be allowed to an Indiana resident
applicant upon registration of any vehicle that was owned by the
applicant on or prior to the registrant's annual registration period. A
vehicle owned by an Indiana resident applicant that was located in and
registered for use in another state during the same calendar year shall
be entitled to the same reduction when registered in Indiana.
(d) The owner of a vehicle who sells the vehicle in a year in which
the owner has paid the tax imposed by this chapter, shall receive a
credit equal to the remainder of:
(1) the tax paid for the vehicle; reduced by
(2) ten percent (10%) for each full or partial calendar month that
has elapsed in the registrant's annual registration year before the
date of the sale.
The credit shall be applied to the tax due on any other vehicle
purchased or subsequently registered by the owner in the same
registrant's annual registration year. If the credit is not fully used and
the amount of the credit remaining is at least four dollars ($4), the
owner is entitled to a refund in the amount of the unused credit. The
owner must pay a fee of three dollars ($3) to the bureau to cover costs
of providing the refund, which may be deducted from the refund. The
bureau shall issue the refund.
The bureau shall transfer to the bureau
of motor vehicles commission three dollars ($3) of the fee to cover the
commission's costs in processing the refund. To claim the credit and
refund provided by this subsection, the owner of the vehicle must
present to the bureau proof of sale of the vehicle.
(e) Subject to the requirements of subsection (g), the owner of a
vehicle that is destroyed in a year in which the owner has paid the tax
imposed by this chapter, which vehicle is not replaced by a
replacement vehicle for which a credit is issued under this section,
shall receive a refund in an amount equal to ten percent (10%) of the
tax paid for each full calendar month remaining in the registrant's
annual registration year after the date of destruction, but only upon
presentation or return to the bureau of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit furnished
by the bureau.
(3) The license plate from the vehicle.
(4) The registration from the vehicle.
However, the refund may not exceed ninety percent (90%) of the tax
paid on the destroyed vehicle. The amount shall be refunded by a
warrant issued by the auditor of the county that received the excise tax
revenue and shall be paid out of the special account created for
settlement of the excise tax collections under
IC 6-6-5-10.
For purposes
of this subsection, a vehicle is considered destroyed if the cost of repair
of damages suffered by the vehicle exceeds the vehicle's fair market
value.
(f) If the name of the owner of a vehicle is legally changed and the
change has caused a change in the owner's annual registration date, the
excise tax liability of the owner shall be adjusted as follows:
(1) If the name change requires the owner to register sooner than
the owner would have been required to register if there had been
no name change, the owner shall, at the time the name change is
reported, be authorized a refund from the county treasurer in the
amount of the product of:
(A) ten percent (10%) of the owner's last preceding annual
excise tax liability; and
(B) the number of full calendar months between the owner's
new regular annual registration month and the next succeeding
regular annual registration month that is based on the owner's
former name.
(2) If the name change required the owner to register later than
the owner would have been required to register if there had been
no name change, the vehicle shall be subject to excise tax for the
period between the month in which the owner would have been
required to register if there had been no name change and the new
regular annual registration month in the amount of the product of:
(A) ten percent (10%) of the owner's excise tax liability
computed as of the time the owner would have been required
to register if there had been no name change; and
(B) the number of full calendar months between the month in
which the owner would have been required to register if there
had been no name change and the owner's new regular annual
registration month.
(g) In order to claim a credit under subsection (e) for a vehicle that
is destroyed, the owner of the vehicle must present to the bureau of
motor vehicles a valid registration for the vehicle within ninety (90)
days of the date that it was destroyed. The bureau shall then fix the
amount of the credit that the owner is entitled to receive.".
SOURCE: Page 1, line 9; (01)AM117001.1. -->
Page 1, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 9-13-2-154; (01)AM117001.11. -->
"SECTION 11.
IC 9-13-2-154
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 154. "Restricted
license" means any current driving license, on which the commission
bureau has designated restrictions.
SOURCE: IC 9-14-1-4; (01)AM117001.12. -->
SECTION 12.
IC 9-14-1-4
, AS AMENDED BY P.L.181-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 4. (a) The commissioner shall appoint and
fix, subject to the approval of the governor, the salaries of the deputies,
subordinate officers, clerks, license branch managers, license branch
employees, and other employees necessary to carry out this title,
IC 6-6-5
,
IC 6-6-5.5
, and
IC 6-6-11.
(b) Subject to the approval of the governor, the commissioner
shall manage license branches and all equipment and funds
necessary to carry out this title.
SOURCE: IC 9-14-2-0.5; (01)AM117001.13. -->
SECTION 13.
IC 9-14-2-0.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]:
Sec. 0.5. The bureau shall do the following:
(1) Develop and continuously update the bureau's policies.
(2) Recommend to the governor legislation that is needed to
implement the bureau's policies.
(3) Review, revise, adopt, and submit to the budget agency
budget proposals for the bureau and the license branches
operated under IC 9-16.
(4) Establish the determination criteria and determine the
number and location of license branches to be operated under
IC 9-16. However, there must be at least one (1) full service
license branch in each county.
(5) Establish and adopt minimum standards for the operation
and maintenance of each full service license branch operated
under IC 9-16.
(6) Administer the state license branch fund established under
IC 9-29-14.
SOURCE: IC 9-14-2-1; (01)AM117001.14. -->
SECTION 14.
IC 9-14-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. The
commissioner shall do the following:
(1) Administer and enforce this title and other statutes concerning
the bureau.
(2) Administer and enforce the policies and procedures of the
commission.
(3) (2) Organize the bureau in the manner necessary to carry out
the duties of the bureau.
(4) Submit to the commission, before September 1 of each year,
budget proposals for the bureau, including license branches
staffed by employees of the commission under IC 9-16.
(5) Perform other duties assigned by the commission.
(3) Administer the state license branch fund established by
IC 9-29-14-1 and all license branches in Indiana under this
article.
(4) Administer the collection and deposit of service charges by
license branches prescribed by
IC 9-29-3.
(5) Contract with a qualified person for the operation of a full
service license branch when it appears to be in the best
interests of the state.
SOURCE: IC 9-14-2-3.5; (01)AM117001.15. -->
SECTION 15.
IC 9-14-2-3.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 3.5. The bureau may contract for the
operation of full service license branches under
IC 9-16-1-4
and
partial services under
IC 9-16-1-4.5.
SOURCE: IC 9-14-3-5; (01)AM117001.16. -->
SECTION 16.
IC 9-14-3-5
, AS AMENDED BY P.L.225-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 5. (a) Except as provided in subsection (b),
(c), or (d), the bureau shall prepare and deliver information on titles,
registrations, and licenses and permits upon the request of any person.
All requests must be submitted in writing 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 may not disclose the:
(1) Social Security number;
(2) federal identification number;
(3) driver's license number; or
(4) digital image of the driver's license applicant;
of any person except to a law enforcement officer or an agent or a
designee of the department of state revenue.
(c) As provided under 42 U.S.C. 1973gg-3(b), the commission
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.
(d) The commission 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 (c)) to sign a voter registration application, except as
authorized under
IC 3-7-14.
SOURCE: IC 9-14-3-6; (01)AM117001.17. -->
SECTION 17.
IC 9-14-3-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 6. (a) Upon the
submission to the bureau of a specific written request from an
individual or organization for a compilation of specific information
requested for the purposes described in subsection (c), the bureau may
contract with the individual or organization to compile the requested
information from the records of the bureau.
(b) The bureau may charge an amount agreeable to the parties, as
described in
IC 9-29-2-3.
(c) An individual or organization making a request under this
section must certify one (1) of the following:
(1) That the information is required for the purposes of notifying
vehicle owners of vehicle defects and recall for modifications,
and that the individual or organization will use the information
provided only for that purpose.
(2) That the information will be used only for research or
statistical reporting purposes and that individual identities will be
properly protected in the preparation of the research or reports
and not ascertainable from the published reports or research
results.
(3) That the information will be used for the purpose of
documenting the sale of motor vehicles in Indiana.
(4) That the information will be used for purposes of the federal
Selective Service System.
(5) That the information will be used solely for law enforcement
purposes by police officers.
(d) The commission bureau may not compile or release information
concerning voter registration under this section.
(e) The bureau shall provide the requested information under this
section in a format that is agreeable to the parties, including the
following formats:
(1) Printed records.
(2) Microfiche.
(3) Computer disk.
SOURCE: IC 9-14-3.5-7; (01)AM117001.18. -->
SECTION 18.
IC 9-14-3.5-7
, AS AMENDED BY P.L.39-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 7. (a) Except as provided in sections 8, 10,
and 11 of this chapter:
(1) an officer or employee of the bureau;
(2) an officer or employee of the bureau of motor vehicles
commission; or
(3) (2) a contractor of the bureau or the bureau of motor vehicles
commission (or an officer or employee of the contractor);
may not knowingly disclose personal information about a person
obtained by the bureau in connection with a motor vehicle record.
(b) A person's Social Security number shall not be in any way
disclosed on a motor vehicle registration.
SOURCE: IC 9-16-1-1; (01)AM117001.19. -->
SECTION 19.
IC 9-16-1-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. As used in this
chapter, "qualified person" means any of the following:
(1) A motor club that is any of the following:
(A) A domestic corporation.
(B) A foreign corporation qualified to transact business in
Indiana under IC 23-1 or IC 23-17.
(2) A financial institution (as defined in
IC 28-1-1-3
).
(3) A new motor vehicle dealer licensed under
IC 9-23-2.
(4) Other persons, including persons licensed under
IC 9-23-2
that are not covered by subdivision (3), that the
commission
bureau determines can meet the standards adopted by the
commission under IC 9-15-2-1(7) and the requirements for partial
service contractors under section 4.5 of this chapter. perform the
duties set forth in IC 9-14.
SOURCE: IC 9-16-1-2; (01)AM117001.20. -->
SECTION 20.
IC 9-16-1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. The
commission commissioner shall operate or be responsible for the
administration of all license branches in Indiana under this article.
SOURCE: IC 9-16-1-2.5; (01)AM117001.21. -->
SECTION 21. IC 9-16-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 2.5. A license branch that is in existence on January
1, 2001, may not be closed before January 1, 2006, although the
location may be moved to another location within the same county.
SOURCE: IC 9-16-1-3; (01)AM117001.22. -->
SECTION 22.
IC 9-16-1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 3. (a) License
branches have all the powers and duties assigned to license branches
by statute and by the commissioner.
(b) The commissioner shall assign to license branches those
functions that:
(1) the commission or the bureau is legally required or authorized
to perform; and
(2) cannot be adequately performed by the commission or the
bureau without assistance from the license branches.
SOURCE: IC 9-16-1-4; (01)AM117001.23. -->
SECTION 23.
IC 9-16-1-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. (a) The
commission bureau may contract with a qualified person for:
(1) the operation of a full service license branch under this
section; or
(2) providing partial services through electronic means under
section 4.5 of this chapter.
(b) A contract for the operation of a full service license branch must
include the following provisions:
(1) The contractor shall provide a full service license branch,
including the following services:
(A) Vehicle titles.
(B) Vehicle registration.
(C) Driver's licenses.
(D) Voter registration as provided in IC 3-7.
(2) The contractor shall provide trained personnel to properly
process branch transactions.
(3) The contractor shall do the following:
(A) Collect and transmit all bureau fees and taxes collected at
the license branch.
(B) Deposit the taxes collected at the license branch with the
county treasurer in the manner prescribed by IC 6-3.5 or
IC 6-6-5.
(4) The contractor shall generate a transaction volume sufficient
to justify the installation of bureau support systems.
(5) The contractor shall provide fidelity bond coverage in an
amount prescribed by the commission. bureau.
(6) The contractor may operate the license branch within a facility
used for other purposes.
(7) The contractor shall pay the cost of any post audits conducted
by the commission bureau or the state board of accounts on an
actual cost basis.
(8) The commission shall provide support systems and driver's
license examiners on the same basis as state operated branches.
(9) The commission shall provide the same equipment to
contractors as is provided to state operated branches.
(10) (8) The commission bureau must approve each location and
physical facility based upon criteria developed by the
commission. bureau.
(11) (9) The term of the contract must be for a fixed period.
(12) (10) The contractor shall agree to provide voter registration
services and to perform the same duties imposed on the
commission bureau under IC 3-7.
SOURCE: IC 9-16-1-4.5; (01)AM117001.24. -->
SECTION 24.
IC 9-16-1-4.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4.5. (a) The
commission bureau may contract with a qualified person to provide
partial services at a qualified person's walk-up location, including
locations within a facility used for other purposes, such as electronic
titling and title application services and self-serve terminal access.
through electronic means.
(b) A contract for providing motor vehicle registration and renewal
services at a walk-up location partial services through electronic
means must include the following provisions:
(1) The contractor must provide trained personnel to properly
process motor vehicle registration and renewal transactions.
(2) (1) The contractor shall do the following:
(A) Collect and transmit all bureau fees and taxes collected at
the contract location.
(B) Deposit the taxes collected at the contract location with the
county treasurer in the manner prescribed by IC 6-3.5 or
IC 6-6-5.
(3) (2)The contractor shall provide fidelity bond coverage in an
amount prescribed by the commission. bureau.
(4) (3) The contractor shall pay the cost of any post audits
conducted by the commission bureau or the state board of
accounts on an actual cost basis.
(5) (4) The commission bureau must approve each location and
physical facility used by a contractor.
(6) (5) The term of the contract must be for a fixed period.
SOURCE: IC 9-16-7-2; (01)AM117001.25. -->
SECTION 25.
IC 9-16-7-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. The
commission bureau shall offer voter registration services under this
chapter, in addition to providing a voter registration application as a
part of an application for a motor vehicle driver's license, permit, or
identification card under
IC 9-24-2.5
and 42 U.S.C. 1973gg-3.
SOURCE: IC 9-16-7-4; (01)AM117001.26. -->
SECTION 26.
IC 9-16-7-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. The registration
forms provided under section 3 of this chapter must be:
(1) prescribed by the Indiana election commission to permit the
NVRA official to fulfill the NVRA official's reporting duties
under 42 U.S.C. 1973gg-7(a)(3) and
IC 3-7-11-2
; and
(2) placed in an easily accessible location within the branch, so
that members of the public may obtain the forms without further
assistance from employees of the commission. bureau.
SOURCE: IC 9-18-2-1; (01)AM117001.27. -->
SECTION 27.
IC 9-18-2-1
, AS AMENDED BY P.L.181-1999,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 1. (a) Within sixty (60) days of becoming an
Indiana resident, a person must register all motor vehicles owned by
the person that:
(1) are subject to the motor vehicle excise tax under
IC 6-6-5
; and
(2) will be operated in Indiana.
(b) Within sixty (60) days after becoming an Indiana resident, a
person must register all commercial vehicles owned by the person that:
(1) are subject to the commercial vehicle excise tax under
IC 6-6-5.5
;
(2) are not subject to proportional registration under the
International Registration Plan; and
(3) will be operated in Indiana.
(c) A person must produce evidence concerning the date on which
the person became an Indiana resident.
(d) Except as provided in subsection (e), an Indiana resident must
register all motor vehicles operated in Indiana.
(e) An Indiana resident who has a legal residence in a state that is
not contiguous to Indiana may operate a motor vehicle in Indiana for
not more than sixty (60) days without registering the motor vehicle in
Indiana.
(f) An Indiana resident who has registered a motor vehicle in
Indiana in any previous registration year is not required to register the
motor vehicle, is not required to pay motor vehicle excise tax under
IC 6-6-5
or the commercial vehicle excise tax under
IC 6-6-5.5
on the
motor vehicle, and is exempt from property tax on the motor vehicle for
any registration year in which:
(1) the Indiana resident is:
(A) an active member of the armed forces of the United States;
and
(B) assigned to a duty station outside Indiana; and
(2) the motor vehicle is not operated inside or outside Indiana.
This subsection may not be construed as granting the bureau authority
to require the registration of any vehicle that is not operated in Indiana.
(g) When an Indiana resident registers a motor vehicle in Indiana
after the period of exemption described in subsection (f), the Indiana
resident may submit an affidavit that:
(1) states facts demonstrating that the motor vehicle is a motor
vehicle described in subsection (e); and
(2) is signed by the owner of the motor vehicle under penalties of
perjury;
as sufficient proof that the owner of the motor vehicle is not required
to register the motor vehicle during a registration year described in
subsection (f). The
commission or bureau may not require the Indiana
resident to pay any civil penalty or any reinstatement or other fee that
is not also charged to other motor vehicles being registered in the same
registration year.".
SOURCE: Page 4, line 2; (01)AM117001.4. -->
Page 4, after line 2, begin a new paragraph and insert:
SOURCE: IC 9-18-2-13; (01)AM117001.29. -->
"SECTION 29.
IC 9-18-2-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 13. Except as
provided in sections 14 and 15 of this chapter, a person who:
(1) has leased; or
(2) is the owner of;
a vehicle that is required to be registered under this chapter shall at a
license branch in the county in which the person is a resident, apply for
and obtain the registration of the vehicle, if the application is made in
person over the counter at a full service branch. Otherwise, the person
may apply for and obtain the registration in any county. After June 30,
1997, the bureau may establish a pilot project that permits cross county
registration renewal in person over the counter at a full service branch
if a metal plate is not required.
SOURCE: IC 9-18-2-15; (01)AM117001.30. -->
SECTION 30.
IC 9-18-2-15
, AS AMENDED BY P.L.181-1999,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 15. (a) Except as provided in subsection (b),
a person who:
(1) owns a vehicle that is subject to the motor vehicle excise tax
under
IC 6-6-5
or the commercial vehicle excise tax under
IC 6-6-5.5
;
(2) is leasing the vehicle to another person; who resides in a
different county; and
(3) has agreed to register the vehicle as a condition of the lease;
shall register the vehicle in the county of residence of the person who
is leasing the vehicle, if the application is made in person over the
counter at a full service branch. Otherwise, the person may apply for
and obtain the registration in any county.
(b) If a vehicle is being registered subject to the International
Registration Plan, the vehicle shall be registered at the department of
state revenue under rules adopted under
IC 4-22-2.
(c) A vehicle that is being leased and is not subject to the motor
vehicle excise tax under
IC 6-6-5
may be registered in the any county.
of residence of the person who:
(1) owns;
(2) is the lessor of; or
(3) is the lessee of;
the vehicle.
SOURCE: IC 9-18-2-25; (01)AM117001.31. -->
SECTION 31.
IC 9-18-2-25
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 25. (a) If the
bureau is not able to comply with the provisions of this title relating to
the furnishing of license plates or chauffeur's badges because of a:
(1) metal materials shortage; or
(2) regulation of a board or an agency of the United States
government;
the bureau may adopt rules under
IC 4-22-2
to provide the type and
number of license plates and chauffeur's badges that will be furnished
and displayed and the manner in which the plates and badges must be
displayed.
(b) Compliance with a rule adopted under this section satisfies the
provisions of this chapter relating to the display of license plates. or
chauffeur's badges.
SOURCE: IC 9-18-26-15; (01)AM117001.32. -->
SECTION 32.
IC 9-18-26-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 15. In addition to
the civil penalty imposed under section 14 of this chapter, the bureau
may restrict, suspend, or revoke a dealer metal permanent or interim
license plate that was issued to the violator.
SOURCE: IC 9-18-27-11; (01)AM117001.33. -->
SECTION 33.
IC 9-18-27-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 11. In addition to
the civil penalty imposed under section 10 of this chapter, the bureau
may revoke a dealer metal permanent or interim license plate that was
issued to the violator.
SOURCE: IC 9-18-29-4; (01)AM117001.34. -->
SECTION 34.
IC 9-18-29-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. (a) The fee for
an environmental license plate is as follows:
(1) The appropriate fee under
IC 9-29-5-38.
(2) An annual fee of twenty-five dollars ($25).
(b) The annual fee referred to in subsection (a)(2) shall be collected
by the bureau. of motor vehicles commission.
SOURCE: IC 9-18-30-4; (01)AM117001.35. -->
SECTION 35.
IC 9-18-30-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. (a) The fee for
a children's trust license plate is as follows:
(1) The appropriate fee under
IC 9-29-5-38.
(2) An annual fee of twenty-five dollars ($25).
(b) The annual fee referred to in subsection (a)(2) shall be collected
by the bureau. of motor vehicles commission.
SOURCE: IC 9-23-2-11; (01)AM117001.36. -->
SECTION 36.
IC 9-23-2-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 11. A person who
ceases a business activity for which a license was issued under this
chapter shall do the following:
(1) Notify the bureau of the date that the business activity will
cease.
(2) Deliver all metal permanent dealer license plates and interim
license plates issued to the person to the bureau within ten (10)
days of the date the business activity will cease.
SOURCE: IC 9-23-6-5; (01)AM117001.37. -->
SECTION 37.
IC 9-23-6-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 5. In addition to
the penalty imposed under section 4 of this chapter, the bureau may
revoke a dealer metal permanent or interim license plate that was
issued to the violator.
SOURCE: IC 9-24-2.5-1; (01)AM117001.38. -->
SECTION 38.
IC 9-24-2.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. This chapter
prescribes the procedures to be followed by the commission bureau in
processing voter registration applications under 42 U.S.C. 1973gg-3
and
IC 3-7-14.
SOURCE: IC 9-24-2.5-2; (01)AM117001.39. -->
SECTION 39.
IC 9-24-2.5-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. The manager
of each license branch may designate an employee of the license
branch as the individual responsible for performing the voter
registration duties of the commission bureau under this chapter at that
license branch. The employee designated under this section shall
supervise the registration of voters by other employees of the license
branch and shall perform any other registration duty required to be
performed by the license branch under this chapter. Notwithstanding
this designation, any employee of the license branch may perform
registration duties in accordance with this chapter.
SOURCE: IC 9-24-2.5-3; (01)AM117001.40. -->
SECTION 40.
IC 9-24-2.5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 3. If the manager
does not designate an employee under section 2 of this chapter, the
manager is the individual responsible for performing the voter
registration duties of the
commission bureau under this chapter at that
license branch. The manager shall supervise the registration of voters
by other employees of the license branch and shall perform any other
registration duty required to be performed by the license branch under
this chapter. Notwithstanding the designation of the manager under this
section, any employee of the license branch may perform registration
duties in accordance with this chapter.
SOURCE: IC 9-24-2.5-8; (01)AM117001.41. -->
SECTION 41.
IC 9-24-2.5-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 8. (a) The
co-directors of the election division shall provide the commission
bureau with a list of the current addresses and telephone numbers of
the offices of the circuit court clerk or board of registration in each
county. The commission bureau shall promptly forward the list and
each revision of the list to each license branch.
(b) The co-directors of the election division shall provide the
commission bureau with pre-addressed packets for the commission
bureau to transmit applications under section 6(1) or 6(2) of this
chapter.
SOURCE: IC 9-24-2.5-10; (01)AM117001.42. -->
SECTION 42.
IC 9-24-2.5-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 10. The
co-directors of the election division shall notify the commission
bureau of the following:
(1) The scheduled date of each primary, general, municipal, and
special election.
(2) The jurisdiction in which the election will be held.
(3) The date when registration ceases under
IC 3-7-13-10
before
each primary, general, municipal, and special election.
SOURCE: IC 9-24-2.5-11; (01)AM117001.43. -->
SECTION 43.
IC 9-24-2.5-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 11. The
commission bureau shall provide the co-directors of the election
division with a list stating the following:
(1) The address and telephone number of each license branch.
(2) The name of the manager of the license branch and any
employee designated by the manager to be responsible for
performing voter registration duties under this chapter.
SOURCE: IC 9-24-9-2; (01)AM117001.44. -->
SECTION 44.
IC 9-24-9-2
, AS AMENDED BY P.L.39-2000,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 2. Each application for a license or permit
under this chapter must require the following information:
(1) The name, age, date of birth, sex, and mailing address and,
if different from the mailing address, the residence address of the
applicant. The applicant shall indicate to the bureau which
address the license or permit shall contain.
(2) Whether the applicant has been licensed as an operator, a
chauffeur, or a public passenger chauffeur or has been the holder
of a learner's permit, and if so, when and by what state.
(3) Whether the applicant's license or permit has ever been
suspended or revoked, and if so, the date of and the reason for the
suspension or revocation.
(4) Whether the applicant has been convicted of a crime
punishable as a felony under Indiana motor vehicle law or any
other felony in the commission of which a motor vehicle was
used.
(5) Whether the applicant has a physical or mental disability, and
if so, the nature of the disability and other information the bureau
directs.
The bureau shall maintain records of the information provided under
subdivisions (1) through (5).
SOURCE: IC 9-24-11-5; (01)AM117001.45. -->
SECTION 45.
IC 9-24-11-5
, AS AMENDED BY P.L.39-2000,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 5. (a) A permit or license issued under this
chapter must bear the distinguishing number assigned to the permittee
or licensee and must contain:
(1) the name;
(2) the age; date of birth;
(3) the mailing address or residence address;
(4) a brief description; and
(5) except as provided in subsection (c), for the purpose of
identification, a:
(A) photograph ; or
(B) computerized image;
of the permittee or licensee, for the purpose of identification; and
additional information that the bureau considers necessary, including
a space for the signature of the permittee or licensee.
(b) In carrying out this section, the bureau shall obtain the
equipment necessary to provide the photographs and computerized
images for permits and licenses as provided in subsection (a).
(c) The following permits or licenses do not require a photograph or
computerized image:
(1) Learner's permit issued under IC 9-24-7.
(2) (1) Temporary motorcycle learner's permit issued under
IC 9-24-8.
(3) (2) Motorcycle learner's permit issued under
IC 9-24-8.
(4) (3) Operator's license reissued under
IC 9-24-12-6.
(d) The bureau may provide for the omission of a photograph or
computerized image from any other license or permit if there is good
cause for the omission.
SOURCE: IC 9-24-12-4; (01)AM117001.46. -->
SECTION 46.
IC 9-24-12-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. The application
for renewal of:
(1) an operator's;
(2) a motorcycle operator's;
(3) a chauffeur's; and
(4) a public passenger chauffeur's license; or
(5) an identification card;
under this article may be filed not more than six (6) months before the
expiration date of the license or identification card held by the
applicant.
SOURCE: IC 9-24-12-5; (01)AM117001.47. -->
SECTION 47.
IC 9-24-12-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 5. (a) An
individual who applies for renewal of an operator's, motorcycle
operator's, chauffeur's, or public passenger chauffeur's license in
person at a license branch must do the following:
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the
applicant's driving record maintained by the bureau; or
(B) the applicant holds a valid operator's license but has not
reached the applicant's twenty-first birthday.
(b) An individual may apply for renewal of an operator's, a
motorcycle operator's, a chauffeur's, or a public passenger
chauffeur's license by mail or by electronic service if the following
conditions are met:
(1) A valid computerized image of the individual exists within
the records of the bureau.
(2) The previous renewal of the operator's, motorcycle
operator's, chauffeur's, or public passenger chauffeur's
license was not made by mail or by electronic service.
(3) The previous renewal included a test approved by the
bureau of the applicant's eyesight.
(4) The applicant, if applying for the renewal in person at a
license branch, would not be required under subsection (a)(2)
to submit to a written examination.
(c) An individual applying for the renewal of an operator's, a
motorcycle operator's, a chauffeur's, or a public passenger
chauffeur's license must apply in person at a license branch under
subsection (a) if the individual is not entitled to apply by mail or by
electronic service under subsection (b).
SOURCE: IC 9-24-16-3; (01)AM117001.48. -->
SECTION 48.
IC 9-24-16-3
, AS AMENDED BY P.L.39-2000,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 3. (a) An identification card must have the
same dimensions and shape as a driver's license, but the card must have
markings sufficient to distinguish the card from a driver's license.
(b) The front side of an identification card must contain the
following information about the individual to whom the card is being
issued:
(1) Full legal name.
(2) Mailing address and, if different from the mailing address, the
residence address.
(3) Birth Date of birth.
(4) Date of issue and date of expiration.
(5) Distinctive identification number or Social Security account
number, whichever is requested by the individual.
(6) Sex.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Signature of the individual identified.
(11) Whether the individual is blind (as defined in
IC 12-7-2-21
(1)).
(12) Photograph or computerized image.
SOURCE: IC 9-24-16-5; (01)AM117001.49. -->
SECTION 49.
IC 9-24-16-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 5. (a) An
application for renewal of an identification card must may be made not
more than six (6) months before the expiration date of the card. A
renewal application received after the date of expiration is considered
to be a new application.
(b) A renewed card becomes valid on the birth date of the holder
and remains valid for four (4) years.
(c) If renewal has not been made within six (6) months after
expiration, the bureau shall destroy all records pertaining to the former
cardholder.
(d) Renewal may not be granted if the cardholder was issued a
driver's license subsequent to the last issuance of an identification card.
(e) An individual may apply for renewal of an identification
card by mail or by electronic service if the following conditions are
met:
(1) A valid computerized image of the individual exists within
the records of the bureau.
(2) The previous renewal of the identification card was not
made by mail or by electronic service.
SOURCE: IC 9-29-1-2; (01)AM117001.50. -->
SECTION 50.
IC 9-29-1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. (a) Money from
the increases in fees levied by the 1969 regular session of the general
assembly in
IC 9-18-2
,
IC 9-18-5
,
IC 9-18-6
,
IC 9-18-7
,
IC 9-18-9
,
IC 9-18-10
,
IC 9-18-16
,
IC 9-24-3
,
IC 9-24-4
,
IC 9-24-5
,
IC 9-24-7
,
IC 9-24-8
,
IC 9-24-10
,
IC 9-24-11
,
IC 9-24-12
,
IC 9-24-13
,
IC 9-24-14
,
and
IC 9-29-9-15
(IC 9-1-4 before its repeal on July 1, 1991) shall be
deposited daily with the treasurer of state and credited to the highway,
road, and street fund established under
IC 8-14-2-2.1.
(b) For the purpose of providing adequate and sufficient funds for
the crossroads 2000 fund established under
IC 8-14-10-9
, and subject
to subsection (c), after June 30, 1997, with the approval of the bureau
of motor vehicles commission the bureau of motor vehicles may adopt
rules under
IC 4-22-2
to increase, by an amount that is in addition to
the fees specified by statute, the fees under the following:
IC 9-29-4-3
IC 9-29-5
IC 9-29-9-1
IC 9-29-9-2
IC 9-29-9-3
IC 9-29-9-4
IC 9-29-9-5
IC 9-29-9-6
IC 9-29-9-7
IC 9-29-9-8
IC 9-29-9-9
IC 9-29-9-10
IC 9-29-9-11
IC 9-29-9-13
IC 9-29-9-14
IC 9-29-15-1
IC 9-29-15-2
IC 9-29-15-3
IC 9-29-15-4
The amount of fees increased under this section shall first be deposited
into the crossroads 2000 fund established under
IC 8-14-10-9.
(c) (b) For the purpose of providing adequate and sufficient
funds for the crossroads 2000 fund established by
IC 8-14-10-9
,
and subject to subsection (c), the bureau of motor vehicles may
adopt rules under
IC 4-22-2
to increase, by an amount that is in
addition to the fees specified by statute, the fees under the
following:
IC 9-29-4-3
IC 9-29-5
IC 9-29-9-1
IC 9-29-9-2
IC 9-29-9-3
IC 9-29-9-4
IC 9-29-9-5
IC 9-29-9-6
IC 9-29-9-7
IC 9-29-9-8
IC 9-29-9-9
IC 9-29-9-10
IC 9-29-9-11
IC 9-29-9-13
IC 9-29-9-14
IC 9-29-15-1
IC 9-29-15-2
IC 9-29-15-3
IC 9-29-15-4
The amount of fees increased under this section shall first be
deposited into the crossroads 2000 fund established by
IC 8-14-10-9.
(c) The bureau's authority to adopt rules under subsection (b) is
subject to the condition that a fee increase must be uniform through out
all license branches and at all partial service locations in Indiana.
SOURCE: IC 9-29-3-4; (01)AM117001.51. -->
SECTION 51.
IC 9-29-3-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. (a) The service
charge for each of the first twelve thousand (12,000) vehicle
registrations at a license branch each year is one dollar two dollars and
twenty-five cents ($1.25). ($2.25).
(b) The service charge for each of the next thirty-eight thousand
(38,000) vehicle registrations at that license branch each year is one
dollar ($1). two dollars ($2).
(c) The service charge for each additional vehicle registration at that
license branch each year is one dollar and seventy-five cents ($0.75).
($1.75).
(d) One dollar ($1) of each service charge collected under this
section shall be deposited in the state motor vehicle technology
fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-6; (01)AM117001.52. -->
SECTION 52.
IC 9-29-3-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 6. (a) The service
charge for each delinquent title is two three dollars ($2). ($3).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-7; (01)AM117001.53. -->
SECTION 53.
IC 9-29-3-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 7. (a) The service
charge for each transfer of title is one dollar ($1). two dollars ($2).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-8; (01)AM117001.54. -->
SECTION 54.
IC 9-29-3-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 8. (a) The service
charge for each of the first two thousand (2,000) operator's licenses,
including motorcycle operator's licenses, issued at a license branch
each year is one dollar two dollars and fifty cents ($1.50). ($2.50).
(b) The service charge for each additional operator's license or
motorcycle operator's license issued at that license branch each year is
one dollar ($1). two dollars ($2).
(c) One dollar ($1) of each service charge collected under this
section shall be deposited in the state motor vehicle technology
fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-9; (01)AM117001.55. -->
SECTION 55.
IC 9-29-3-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 9. (a) The service
charge for each learner's permit, chauffeur's license, or public
passenger chauffeur's license is one dollar two dollars and fifty cents
($1.50). ($2.50).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-10; (01)AM117001.56. -->
SECTION 56.
IC 9-29-3-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 10. (a) The
service charge for each temporary motorcycle learner's permit,
motorcycle learner's permit, or motorcycle endorsement of an operator's
license is one dollar ($1). two dollars ($2).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-11; (01)AM117001.57. -->
SECTION 57.
IC 9-29-3-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 11. (a) The
service charge for each motorcycle operator endorsement of a
chauffeur's license or a public passenger chauffeur's license is one
dollar and fifty cents ($0.50). ($1.50).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-12; (01)AM117001.58. -->
SECTION 58.
IC 9-29-3-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 12.
(a) The
service charge for each replacement license or permit is
one dollar
($1). two dollars ($2).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-13; (01)AM117001.59. -->
SECTION 59.
IC 9-29-3-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 13. The service
charge for each license that is required to bear a photograph or
computerized image is fifty cents ($0.50).
SOURCE: IC 9-29-3-14; (01)AM117001.60. -->
SECTION 60.
IC 9-29-3-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 14. (a) The
service charge for an identification card issued under IC 9-24 is one
dollar ($1) and one-half (1/2) of each fee collected as set forth in
IC 9-29-9-15.
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-18; (01)AM117001.61. -->
SECTION 61.
IC 9-29-3-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 18. (a) The
service charge for each duplicate registration card issued under IC 9-18
is one dollar ($1). two dollars ($2).
(b) One dollar ($1) of each service charge collected under
subsection (a) shall be deposited in the state motor vehicle
technology fund established by
IC 9-29-16-1.
SOURCE: IC 9-29-3-19; (01)AM117001.62. -->
SECTION 62.
IC 9-29-3-19
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 19. (a) Subject to
subsection (b), and with the approval of the commission, the bureau
may adopt rules under
IC 4-22-2
to do the following:
(1) Increase or decrease any of the service charges listed in
sections 1 through 18 of this chapter.
(2) Impose a service charge on any other license branch service
that is not listed in sections 1 through 18 of this chapter.
(3) Increase or decrease a service charge imposed under
subdivision (2).
(b) The bureau's authority to adopt rules under subsection (a) is
subject to the condition that a service charge must be uniform
throughout all license branches and at all partial service locations in
Indiana.
SOURCE: IC 9-29-3-21; (01)AM117001.63. -->
SECTION 63.
IC 9-29-3-21
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 21. (a) The
service charges listed in sections 1 through 15 of this chapter shall be
withheld from the statutory fees for the services provided and may not
be added to those fees.
(b) The service charges listed in sections 16, 17, and 18 of this
chapter are in addition to the statutory fees for the services provided
and may not be withheld from those fees.
(c) The service charges collected as set forth in sections 4(d),
6(b), 7(b), 8(c), 9(b), 10(b), 11(b), 12(b), 14(b), and 18(b) of this
chapter,
IC 9-29-15-1
(c), and
IC 9-29-15-4
(c) are in addition to the
statutory fees for the services collected and may not be withheld
from those fees.
SOURCE: IC 9-29-14-1; (01)AM117001.64. -->
SECTION 64.
IC 9-29-14-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. The state
license branch fund is established for the purpose of paying the
expenses incurred in administering IC 9-16. IC 9-14. The fund shall be
administered by the commission. bureau.
SOURCE: IC 9-29-14-4; (01)AM117001.65. -->
SECTION 65.
IC 9-29-14-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. There is
annually appropriated to the commission bureau the money in the fund
for its use in carrying out the purposes of IC 9-16 IC 9-14 subject to
the approval of the budget agency.
SOURCE: IC 9-29-15-1; (01)AM117001.66. -->
SECTION 66.
IC 9-29-15-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. (a) The fee for
a certificate of title or a duplicate certificate of title under
IC 9-31-2
is
nine ten dollars ($9). ($10).
(b) The fee is distributed as follows:
(1) Seven dollars ($7) to the department of natural resources.
(2) Two Three dollars ($2) ($3) to the bureau.
(c) One dollar ($1) of each fee distributed under subsection
(1)(2) shall be deposited in the state motor vehicle technology fund
established by
IC 9-29-16-1.
SOURCE: IC 9-29-15-4; (01)AM117001.67. -->
SECTION 67.
IC 9-29-15-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. (a) The
fee fees
to register a motorboat under
IC 9-31-3
is are as follows:
(1)
Twelve Thirteen dollars
($12) ($13) for a Class 1 motorboat.
(2)
Fourteen Fifteen dollars
($14) ($15) for a Class 2, Class 3, or
Class 4 motorboat.
(3)
Seventeen Eighteen dollars
($17) ($18) for a Class 5
motorboat.
(4)
Twenty-two Twenty-three dollars
($22) ($23) for a Class 6
or Class 7 motorboat.
(b) The department of natural resources receives:
(1) twelve dollars ($12) for a Class 1 motorboat;
(2) fourteen dollars ($14) for a Class 2, Class 3, or Class 4
motorboat;
(3) seventeen dollars ($17) for a Class 5 motorboat; and
(4) twenty-two dollars ($22) for a Class 6 or Class 7
motorboat;
of the fee collected under subsection (a).
(c) One dollar ($1) of each fee collected under subsection (a)
shall be deposited in the state motor vehicle technology fund
established by
IC 9-29-16-1.
SOURCE: IC 9-29-16; (01)AM117001.68. -->
SECTION 68.
IC 9-29-16
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]:
Chapter 16. State Motor Vehicle Technology Fund
Sec. 1. The state motor vehicle technology fund is established for
the purpose of paying for new technology as it becomes available
to carry out the functions of
IC 9-14-2.
The fund shall be
administered by the bureau. This fund is in addition to normal
budgetary appropriations.
Sec. 2. 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 funds may be invested.
Sec. 3. Money in the fund at the end of a state fiscal year does
not revert to the state general fund.
Sec. 4. There is annually appropriated to the bureau the money
in the fund to procure as the need arises:
(1) computer equipment and software;
(2) telephone equipment and software;
(3) electronic queue systems;
(4) other related devices; or
(5) technology services;
subject to the approval of the budget agency.
Sec. 5. The fund consists of the following:
(1) One dollar ($1) of each service charge or fee collected by
license branches under the following:
(A)
IC 9-29-3-4.
(B)
IC 9-29-3-6.
(C)
IC 9-29-3-7.
(D)
IC 9-29-3-8.
(E)
IC 9-29-3-9.
(F)
IC 9-29-3-10.
(G)
IC 9-29-3-11.
(H)
IC 9-29-3-12.
(I)
IC 9-29-3-14.
(J)
IC 9-29-3-18.
(K)
IC 9-29-15-1.
(L)
IC 9-29-15-4.
(2) Money received from any other source, including
appropriations.
SOURCE: IC 34-13-3-2; (01)AM117001.69. -->
SECTION 69.
IC 34-13-3-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. This chapter
applies does not apply to a claim or suit in tort against any of the
following:
(1) A member of the bureau of motor vehicles commission
established under IC 9-15-1-1.
(2) An employee of the bureau of motor vehicles commission who
is employed at a license branch under IC 9-16, except for an
employee employed:
(1) at a license branch operated under a contract with the
bureau under IC 9-16; or
(2) by an employer offering partial services through electronic
means under a contract with the commission bureau under
IC 9-16.
SOURCE: IC 36-1-8-11; (01)AM117001.70. -->
SECTION 70.
IC 36-1-8-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 11. (a) This
section does not apply to a county treasurer governed by
IC 36-2-10-23.
(b) As used in this section, "credit card" means a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card.
(c) A payment to a political subdivision or a municipally owned
utility for any purpose may be made by any of the following financial
instruments that the fiscal body of the political subdivision or the board
of the municipally owned utility authorizes for use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the fiscal body.
(d) If there is a charge to the political subdivision or municipally
owned utility for the use of a financial instrument other than a bank
card or credit card, the political subdivision or municipally owned
utility shall collect a sum equal to the amount of the charge from the
person who uses the financial instrument.
(e) If authorized by the fiscal body of the political subdivision or the
board of the municipally owned utility, the political subdivision or
municipally owned utility may accept payments under this section with
a bank card or credit card under the procedures set forth in this section.
However, the procedure authorized for a particular type of payment
must be uniformly applied to all payments of the same type.
(f) The political subdivision or municipally owned utility may
contract with a bank card or credit card vendor for acceptance of bank
cards or credit cards.
(g) The political subdivision or municipally owned utility may pay
any applicable bank card or credit card service charge associated with
the use of a bank card or credit card under this subsection.
(h) The authorization of the fiscal body of the political subdivision
is not required by the bureau of motor vehicles or the bureau of motor
vehicles commission to use electronic funds transfer or other financial
instruments to transfer funds to the political subdivision.
SOURCE: IC 36-2-10-23; (01)AM117001.71. -->
SECTION 71.
IC 36-2-10-23
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 23. (a)
Notwithstanding any other law, payments to the treasurer for any
purpose, including property tax payments, may be made by any of the
following financial instruments that the treasurer authorizes for use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the treasurer.
(b) If there is a charge to the treasurer for the use of a financial
instrument other than a bank card or credit card, the treasurer shall
collect a sum equal to the amount of the charge from the person who
uses the financial instrument.
(c) A treasurer may contract with a bank card or credit card vendor
for acceptance of bank or credit cards. However, if there is a vendor
transaction charge or discount fee, whether billed to the treasurer or
charged directly to the treasurer's account, the treasurer shall collect
from the person using the card an official fee that may not exceed the
highest transaction charge or discount fee charged to the treasurer by
bank or credit card vendors during the most recent collection period.
This fee may be collected regardless of retail merchant agreements
between the bank and credit card vendors that may prohibit such a fee.
The fee is a permitted additional charge under
IC 24-4.5-3-202.
(d) Notwithstanding subsection (a), the authorization of the treasurer
is not required for the bureau of motor vehicles or the bureau of motor
vehicles commission to use electronic funds transfer or other financial
instruments to transfer funds to the county treasurer.
SOURCE: IC 9-13-2-32; IC 9-13-2-138; IC 9-14-1-6; IC 9-14-2-
7; IC 9-14-3-11; IC 9-15; IC 9-16-2-1; IC 9-16-2-2; IC 9-16-2-3; IC
9-16-2-4; IC 9-16-2-5; IC 9-16-3-1; IC 9-16-3-2; IC 9-16-3-3; IC 9-
16-3-4; IC 9-16-4-1; IC 9-16-4-2; IC 9-24-12-9.
; (01)AM117001.72. -->
SECTION 72. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2002]:
IC 9-13-2-32
;
IC 9-13-2-138
;
IC 9-14-1-6
;
IC 9-14-2-7
;
IC 9-14-3-11
; IC 9-15;
IC 9-16-2-1
;
IC 9-16-2-2
;
IC 9-16-2-3
;
IC 9-16-2-4
;
IC 9-16-2-5
;
IC 9-16-3-1
;
IC 9-16-3-2
;
IC 9-16-3-3
;
IC 9-16-3-4
;
IC 9-16-4-1
;
IC 9-16-4-2
;
IC 9-24-12-9.
SOURCE: ; (01)AM117001.73. -->
SECTION 73. [EFFECTIVE JANUARY 1, 2002] The rules
adopted by the bureau of motor vehicles commission before
January 1, 2002, concerning the administration of the personnel
policies and practices of the license branches operating under the
bureau of motor vehicles commission are considered, after
December 31, 2001, rules of the bureau of motor vehicles.
SOURCE: ; (01)AM117001.74. -->
SECTION 74. [EFFECTIVE JANUARY 1, 2002] On January 1,
2002, the bureau of motor vehicles:
(1) becomes the owner of all real and personal property and
other assets; and
(2) is responsible for all liabilities and obligations;
of the bureau of motor vehicles commission abolished by this act.
SOURCE: ; (01)AM117001.75. -->
SECTION 75. [EFFECTIVE JANUARY 1, 2002]
Any fund under
the control or supervision of the bureau of motor vehicles
commission on December 31, 2001, shall be transferred to the
control or supervision of the bureau of motor vehicles on January
1, 2002.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1170 as introduced.)
and when so amended that said bill do pass.
__________________________________
AM117001/DI 96 2001