Reprinted
February 27, 2008
ENGROSSED
SENATE BILL No. 339
_____
DIGEST OF SB 339
(Updated February 26, 2008 8:31 pm - DI 96)
Citations Affected: IC 5-2; IC 6-6; IC 8-6; IC 9-13; IC 9-17; IC 9-18;
IC 9-22; IC 9-23; IC 9-24; IC 9-29; IC 34-30; noncode.
Synopsis: Various motor vehicle matters. Repeals and relocates
provisions concerning the licensing of commercial driver training
schools and instructors, and transfers responsibility and funding from
the bureau of motor vehicles (bureau) to the Indiana criminal justice
institute (ICJI). Transfers rules of the bureau concerning commercial
driver training schools and instructors from the bureau to the ICJI, with
certain specifications. Removes the requirement that the daily deposit
of motor vehicle excise taxes collected by the bureau be deposited in
a separate account. Authorizes the bureau to determine the registration
schedule for various categories of vehicles. Repeals outdated language
concerning registration schedules for certain vehicles. Provides that a
police officer who finds or is notified of a vehicle or parts that are
believed to be abandoned shall attach a notice tag stating that the
vehicle or parts will be removed after thirty-six hours, if the vehicle is
(Continued next page)
Effective: January 1, 2008 (retroactive); upon passage; July 1, 2008.
Merritt
, Rogers
(HOUSE SPONSORS _ AUSTIN, SAUNDERS)
January 14, 2008, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 22, 2008, amended, reported favorably _ Do Pass.
January 28, 2008, read second time, ordered engrossed. Engrossed.
January 29, 2008, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 4, 2008, read first time and referred to Committee on Roads and Transportation.
February 21, 2008, amended, reported favorably _ Do Pass.
February 26, 2008, read second time, amended, ordered engrossed.
Digest Continued
located on or within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway system under
IC 8-23-4. Requires a railroad company to erect and maintain a whistle
post in advance of public crossings. Provides that a person who
engages in the business of selling at least 12 off-road vehicles to the
general public each year for delivery in Indiana must secure a dealer's
license from the secretary of state. Repeals language exempting a seller
of off-road vehicles from the requirements of a motor vehicle dealer's
license. Provides that certain motor carrier employers may provide an
advance of wages and then take certain deductions from subsequent
wages under certain circumstances. Provides that under certain
circumstances, certain motor vehicles titled outside of Indiana do not
need an inspection for an Indiana title to be issued. Provides that the
special fuel tax exemption for certain biodiesel produced by an
individual, who uses the fuel for personal noncommercial use, may not
be claimed for more than 5,000 gallons of special fuel per year (current
law limits the exemption using a formula based on the percentage
biodiesel content of the special fuel). Makes conforming amendments.
Makes technical corrections.
Reprinted
February 27, 2008
Second Regular Session 115th General Assembly (2008)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 339
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-6-3; (08)ES0339.2.1. -->
SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.186-2007,
SECTION 3, AS AMENDED BY P.L.192-2007, SECTION 1, AND
AS AMENDED BY P.L.216-2007, SECTION 1, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal
offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement,
juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of
crime.
(5) Prepare applications for funds under the Omnibus Act and the
Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex
or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a
list of properties (as defined in IC 5-2-6-19(b)) that have been
used as the site of a methamphetamine laboratory.
(13) (14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(14) (15) Identify grants and other funds that can be used to fund
the gang crime witness protection program.
(16) Administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
SOURCE: IC 5-2-6.5; (08)ES0339.2.2. -->
SECTION 2. IC 5-2-6.5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]
Chapter 6.5. Commercial Driver Training Schools
Sec. 1. This chapter does not apply to the following:
(1) An individual giving driver training lessons without
charge.
(2) Employers maintaining driver training schools without
charge, for employees of the employer only.
(3) Schools or classes conducted by colleges, universities, and
high schools for regularly enrolled students.
Sec. 2. As used in this chapter, "bureau" refers to the bureau of
motor vehicles created by IC 9-14-1-1.
Sec. 3. As used in this chapter, "college" means:
(1) an accredited college:
(2) a technical college;
(3) a university; or
(4) a junior college.
Sec. 4. (a) As used in this chapter, "commercial driver training
school" means a business enterprise that:
(1) is conducted by an individual, an association, a
partnership, a limited liability company, or a corporation for
the education and training of persons, practically or
theoretically, or both, to operate or drive motor vehicles or to
prepare an applicant for an examination or validation given
by the bureau under IC 9-24 for a driver's license; and
(2) charges consideration or tuition for the provision of
services.
(b) The term does not include a business enterprise that
educates or trains a person or prepares a person for an
examination or a validation given by the bureau to operate or drive
a motor vehicle as a vocation.
Sec. 5. As used in this chapter, "driver's license" has the
meaning set forth in IC 9-13-2-48.
Sec. 6. As used in this chapter, "institute" refers to the Indiana
criminal justice institute established by IC 5-2-6-3.
Sec. 7. As used in this chapter, "instructor" means the
following:
(1) An individual, whether acting as the operator of a
commercial driver training school or on behalf of a
commercial driver training school, who for compensation
teaches, conducts classes of, gives demonstrations to, or
supervises the practice of individuals learning to operate or
drive motor vehicles or preparing to take an examination for
a driver's license.
(2) An individual who supervises the work of an instructor.
Sec. 8. (a) To establish or operate a commercial driver training
school, the commercial driver training school must obtain a
commercial driver training school license from the institute in the
manner and form prescribed by the institute.
(b) Subject to subsections (c) and (d), the institute shall adopt
rules under IC 4-22-2 that state the requirements for obtaining a
commercial driver training school license, including the following:
(1) Location of the commercial driver training school.
(2) Equipment required.
(3) Courses of instruction.
(4) Instructors.
(5) Previous records of the commercial driver training school
and instructors.
(6) Financial statements.
(7) Schedule of fees and charges.
(8) Character and reputation of the operators and instructors.
(9) Insurance in the amount and with the provisions the
institute considers necessary to adequately protect the
interests of the public.
(10) Other matters the institute prescribes for the protection
of the public.
(c) The rules adopted under subsection (b) must permit a
licensed commercial driver training school to provide classroom
training during which an instructor is present in a county outside
the county where the commercial driver training school is located
to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under
IC 20-19-2-10;
(4) a state educational institution; or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed commercial driver
training school may provide classroom training in an entity listed
in subdivisions (1) through (3) only if the governing body of the
entity approves the delivery of the training to its students.
(d) Notwithstanding subsection (b)(3), the rules adopted under
subsection (b) must provide that the classroom instruction and the
practice driving instruction required for students of a commercial
driver training school be the same as the rules adopted by the state
board of education under IC 20-19-2-8(4) concerning the standards
for driver education programs, including classroom instruction
and practice driving.
Sec. 9. (a) To be eligible for an instructor's license under
subsection (d), an individual must complete at least sixty (60)
semester hours at a postsecondary educational institution. The
individual must:
(1) complete at least nine (9) semester hours in driver
education courses; and
(2) be at least twenty-one (21) years of age upon completion of
the driver education courses required by subdivision (1).
(b) The driver education courses required under subsection
(a)(1) must include a combination of theoretical and
behind-the-wheel instruction that is consistent with nationally
accepted standards in traffic safety.
(c) The driver education semester hours completed under
subsection (a)(1) do not satisfy the requirements of subsection (d)
unless the driver education curriculum is approved by the
commission for higher education.
(d) The institute shall issue an instructor's license to an
individual:
(1) who:
(A) meets the requirements of subsection (a);
(B) does not have more than the maximum number of
points for violating traffic laws specified by the bureau by
rules adopted under IC 4-22-2;
and
(C) has a good moral character, physical condition,
knowledge of the rules of the road, and work history; or
(2) who holds a driver and traffic safety education
endorsement issued by the department of education
established by IC 20-19-3-1 and meets the requirements of
subdivision (1)(B) and (1)(C).
The institute shall adopt rules under IC 4-22-2 that specify the
requirements, including requirements about criminal convictions,
necessary to satisfy the conditions of subdivision (1)(C). Only an
individual who holds an instructor's license issued by the institute
under this subsection may act as an instructor.
Sec. 10. (a) A license issued under section 8 or 9 of this chapter
expires on the last day of the fiscal year and may be renewed upon
application to the institute as prescribed by rule.
(b) Each application for an original or renewal license must be
accompanied by a:
(1) certified check;
(2) corporate check; or
(3) United States postal money order.
(c) The fee for:
(1) an original or a renewal commercial driver training school
license is one hundred dollars ($100); and
(2) an original or a renewal instructor's license is ten dollars
($10).
(d) A license fee may not be refunded if the license application
is rejected or the license is suspended or revoked.
(e) A license fee collected under this section shall be deposited
in the motor vehicle highway account fund established under
IC 8-14-1.
Sec. 11. (a) The institute shall adopt rules under IC 4-22-2 that
are necessary to administer and enforce this chapter and to protect
the public.
(b) The institute shall do the following:
(1) Inspect the following:
(A) Commercial driver training school facilities.
(B) Equipment of applicants for licenses and licensees
under this chapter.
(2) Examine applicants for instructor's licenses.
(c) The institute shall administer and enforce this chapter and
may request assistance from the superintendent of public
instruction in developing and formulating appropriate rules.
Sec. 12. (a) The institute may:
(1) cancel;
(2) suspend;
(3) revoke;
(4) refuse to issue; or
(5) refuse to renew;
a commercial driver training school license or an instructor's
license if the institute finds that a licensee or an applicant has not
complied with or has violated this chapter or a rule adopted by the
institute under this chapter.
(b) A person who holds a license that has been canceled,
suspended, or revoked under this section shall return the license to
the institute.
Sec. 13. The institute, after notice and opportunity for a hearing,
may cancel, suspend, revoke, or refuse to renew a license issued
under this chapter if it is shown that the person who holds the
license:
(1) no longer meets the requirements necessary to obtain the
license; or
(2) has willfully violated this chapter or a rule adopted by the
institute.
Sec. 14. A person who violates this chapter commits a Class C
infraction.
SOURCE: IC 6-6-2.5-30.5; (08)ES0339.2.3. -->
SECTION 3. IC 6-6-2.5-30.5, AS ADDED BY P.L.33-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 30.5. (a) Except as
provided in subsection (b), special fuel is exempt from the special fuel
tax if:
(1) the special fuel has a nominal biodiesel content of at least
twenty percent (20%);
(2) the special fuel is used only for a personal, noncommercial use
and is not for resale; and
(3) the individual using the special fuel:
(A) produces the biodiesel content of the special fuel; and
(B) obtains an exemption certificate under subsection (c)
before using the special fuel.
(b) The maximum number of gallons of special fuel for which An
individual may claim the exemption under this section in a for not
more than five thousand (5,000) gallons of special fuel per year. is
equal to:
(1) two thousand (2,000); divided by
(2) the average percentage volume of biodiesel in each gallon
used by the individual.
(c) The department shall issue an exemption certificate to an
individual who produces evidence of nontaxability under subsection
(a)(1), (a)(2), and (a)(3). A certificate issued under this subsection is
valid for a period determined by the department, but not to exceed five
(5) years. The department may allow an individual to renew an
exemption certification for additional five (5) year periods. An
exemption certificate applies only to special fuel described in
subsection (a). An individual holding a certificate issued under this
subsection shall notify the department:
(1) of any address change by the individual; and
(2) when the individual ceases using special fuel that is exempt
under this section.
(d) An individual who is issued an exemption certificate under this
section must submit to the department a report, in a form prescribed by
the department, not later than January 20 of each year. The report must
include:
(1) the number of gallons of special fuel in the immediately
preceding year; and
(2) the average percentage volume of biodiesel in each gallon of
special fuel;
include the number of gallons of special fuel to which the exemption
was applied in the calendar year ending on the immediately preceding
December 31.
(e) An individual who is issued an exemption certificate under this
section is not subject to the reporting requirements under section 35 of
this chapter.
SOURCE: IC 6-6-5-9; (08)ES0339.2.4. -->
SECTION 4. IC 6-6-5-9, AS AMENDED BY P.L.184-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) The bureau, in the administration and
collection of the annual license excise tax imposed by this chapter, may
utilize the services and facilities of license branches operated under
IC 9-16 in its administration of the motor vehicle registration laws of
the state of Indiana. The license branches may be so utilized in
accordance with such procedures, in such manner, and to such extent
as the bureau shall deem necessary and proper to implement and
effectuate the administration and collection of the excise tax imposed
by this chapter. However, in the event the bureau shall utilize such
license branches in the collection of excise tax, the following apply:
(1) The excise taxes so collected by each license branch, less any
refunds made by the license branch, shall be deposited daily by
the license branch in a separate account in a depository duly
designated by the state board of finance. The county treasurer of
the county for which the collections are due may withdraw funds
from the account at least two (2) times each week. The county
treasurer is responsible for the safekeeping and investment of
money withdrawn by the county treasurer under this subsection.
Before the eleventh day of the month following the month in
which the collections are made, the bureau of motor vehicles shall
report the excise taxes collected and refunds made outside the
county to the county treasurer of the county to which the
collections are due and the refunds apply. The bureau shall
forward a copy of this excise tax report to the county auditor of
the county.
(2) A license branch shall each week forward a report to the
county auditor of the county to whom the collections are due,
showing the excise tax collected on each vehicle, each refund on
a vehicle, and a copy of each registration certificate for all
collections and refunds within the county.
(3) Each license branch shall also report to the bureau all excise
taxes collected and refunds made under this chapter in the same
manner and at the same time as registration fees are reported.
(4) Premiums for insurance to protect the funds collected by
license branches against theft shall be paid by the bureau, except
that the bureau may issue blanket coverage for all branches at its
discretion. At the discretion of the bureau, the bureau may:
(A) self-insure to cover the activities of the license branches;
or
(B) rather than purchase a bond or crime policy for each
branch, purchase a single blanket bond or crime insurance
policy endorsed to include faithful performance to cover all
branches.
(5) If the services of a license branch are used by the bureau in the
collection of the excise tax imposed by this chapter, the license
branch shall collect the service charge prescribed under IC 9-29
for each vehicle registered upon which an excise tax is collected
by that branch.
(6) If the excise tax imposed by this chapter is collected by the
department of state revenue, the money collected shall be
deposited in the state general fund to the credit of the appropriate
county and reported to the bureau of motor vehicles on the first
working day following the week of collection. Except as provided
in subdivision (7), any amount collected by the department which
represents interest or a penalty shall be retained by the department
and used to pay its costs of enforcing this chapter.
(7) This subdivision applies only to interest or a penalty collected
by the department of state revenue from a person who:
(A) fails to properly register a vehicle as required by IC 9-18
and pay the tax due under this chapter; and
(B) during any time after the date by which the vehicle was
required to be registered under IC 9-18 displays on the vehicle
a license plate issued by another state.
The total amount collected by the department that represents
interest or a penalty, minus a reasonable amount determined by
the department to represent its administrative expenses, shall be
deposited in the state general fund for the credit of the county in
which the person resides. The amount shall be reported to the
bureau of motor vehicles on the first working day following the
week of collection.
The bureau may contract with a bank card or credit card vendor for
acceptance of bank or credit cards.
(b) On or before April 1 of each year the bureau shall provide to the
auditor of state the amount of motor vehicle excise taxes collected for
each county for the preceding year.
(c) On or before May 10 and November 10 of each year the auditor
of state shall distribute to each county one-half (1/2) of:
(1) the amount of delinquent taxes; and
(2) any penalty or interest described in subsection (a)(7);
that have been credited to the county under subsection (a). There is
appropriated from the state general fund the amount necessary to make
the distributions required by this subsection. The county auditor shall
apportion and distribute the delinquent tax distributions to the taxing
units in the county at the same time and in the same manner as excise
taxes are apportioned and distributed under section 10 of this chapter.
(d) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
SOURCE: IC 8-6-4-1; (08)ES0339.2.5. -->
SECTION 5. IC 8-6-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. (a) A railroad company operating
in this state shall equip every locomotive engine with a whistle and a
bell, maintained in good working order, such as are used by other
railroad companies. Except when approaching a crossing to which an
ordinance adopted under subsection
(c) (d) applies, the engineer or
other person in charge of or operating an engine upon the line of a
railroad shall, when the engine approaches the crossing of a turnpike,
public highway, or street in this state, beginning not less than
one-fourth (1/4) mile from the crossings:
(1) sound the whistle on the engine distinctly not less than four
(4) times, which sounding shall be prolonged or repeated until the
crossing is reached; and
(2) ring the bell attached to the engine continuously from the time
of sounding the whistle until the engine has fully passed the
crossing.
(b) A railroad shall erect and maintain a whistle post in advance
of public crossings for the protection of the public and the
railroad's employees. A damaged or removed whistle post must be
repaired or replaced by the railroad not more than forty-eight (48)
hours after notification to the railroad of the damage or removal.
(b) (c) It is unlawful for an engineer or other person in charge of a
locomotive to move the locomotive, or allow it to be moved, over or
across a turnpike, public highway, or street crossing if the whistle and
bell are not in good working order. It is unlawful for a railroad
company to order or permit a locomotive to be moved over or across a
turnpike, public highway, or street crossing if the whistle and bell are
not in good working order. When a whistle or bell is not in good
working order, the locomotive must stop before each crossing and
proceed only after manual protection is provided at the crossing by a
member of the crew unless manual protection is known to be provided.
(c) (d) A city, town, or county may adopt an ordinance to regulate
the sounding of a whistle or the ringing of a bell under subsection (a)
in the city, the town, or the county. However, an ordinance may not
prohibit the sounding of a whistle or the ringing of a bell at a crossing
that does not have an automatic train activated warning signal as set
forth in IC 8-6-7.7-2. An ordinance adopted after June 30, 2003, that
prohibits the sounding of a whistle or the ringing of a bell at a crossing
must require that signs be posted at the crossing to warn the public that
trains do not sound whistles or ring bells at that crossing. Before an
ordinance adopted under this subsection goes into effect, the city, town,
or county must receive the written permission of the department to
regulate the sounding or the ringing. The department shall grant
permission only if the department determines, based upon a study
conducted by the department, that the ordinance, as applied to the rail
corridor identified in the ordinance, increases the overall safety of the
corridor for the public. Notwithstanding anything to the contrary in this
subsection, the department shall grant permission to a city or a town to
regulate the sounding of a whistle or the ringing of a bell if the city or
town had an ordinance regulating the sounding of a whistle or the
ringing of a bell that was approved and in effect on January 1, 1991, if
the city or town amended or repealed the ordinance, and if the city or
town adopts a subsequent ordinance on the same subject. In making its
determination during the course of the study, the department shall
consider:
(1) school bus routes;
(2) emergency service routes;
(3) hazardous materials routes;
(4) pedestrian traffic;
(5) trespassers;
(6) recreational facilities;
(7) trails; and
(8) measures to increase safety in the corridor, including:
(A) four (4) quadrant gates;
(B) median barriers;
(C) crossing closures;
(D) law enforcement programs; and
(E) public education.
The study by the department required under this subsection must be
completed not later than one hundred twenty (120) days after the
department receives notice of the passage of the ordinance from the
city, town, or county.
(d) (e) Notwithstanding a contrary provision in an ordinance
adopted under subsection (c), (d), an engineer or other person who is
operating an engine shall sound the engine's whistle if, in the
determination of the engineer or other person who is operating the
engine, an apparent emergency exists.
(e) (f) A railroad company and the employees of the railroad
company are immune from criminal or civil liability for injury or
property damage that results from an accident that occurs at a crossing
to which an ordinance described in subsection (c) (d) applies if the
injury or property damage was proximately caused solely by the
railroad company and the employees failing to sound a whistle.
(f) (g) The Indiana department of transportation shall review
crossing safety at each crossing to which an ordinance adopted under
subsection (c) (d) applies not less than one (1) time in a five (5) year
period.
(g) (h) The Indiana department of transportation may not revoke the
permission granted under subsection (c) (d) for an ordinance.
(h) (i) The Indiana department of transportation may create pilot
railroad crossing safety projects to improve railroad crossing safety.
SOURCE: IC 8-6-4-2; (08)ES0339.2.6. -->
SECTION 6. IC 8-6-4-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. Every engineer or other person
in charge of or operating any such engine, who shall fail or neglect to
comply with the provisions of section 1 of this chapter, shall be held
personally liable therefor to the State of Indiana, in a penalty of not less
than ten dollars ($10.00) nor more than fifty dollars ($50.00), to be
recovered in a civil action, at the suit of said state, in the circuit or
superior court of any county wherein such crossing may be located; and
a railroad company that violates the provisions of IC 1971, 8-6-4-1(b)
section 1(b) or 1(c) of this chapter shall be held liable therefor to the
State of Indiana, in a penalty of not less than two hundred fifty dollars
($250) nor more than five thousand dollars ($5,000), to be recovered
in a civil action, at the suit of said state, in the circuit or superior court
of any county wherein such crossing may be located; and the company
in whose employ such enginner engineer or person may be, as well as
the person himself, shall be liable in damages to any person, or his
representatives, who may be injured in property or person, or to any
corporation that may be injured in property, by the neglect or failure of
said engineer or other person as aforesaid.
SOURCE: IC 9-13-2-28; (08)ES0339.2.7. -->
SECTION 7. IC 9-13-2-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 28. "Commercial driver
training school", for purposes of IC 9-24-10-4, and IC 9-27-4, has the
meaning set forth in IC 9-27-4-2. IC 5-2-6.5-4.
SOURCE: IC 9-13-2-42; (08)ES0339.2.8. -->
SECTION 8. IC 9-13-2-42, AS AMENDED BY P.L.41-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 42. (a) "Dealer" means, except as otherwise
provided in this section, a person who sells to the general public,
including a person who sells directly by the Internet or other computer
network, at least twelve (12) vehicles each year for delivery in Indiana.
The term includes a person who sells off-road vehicles. A dealer
must have an established place of business that meets the minimum
standards prescribed by the bureau under rules adopted under
IC 4-22-2.
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or acting
under the judgment or order of a court.
(2) A public officer while performing official duties.
(3) A person who is a dealer solely because of activities as a
transfer dealer.
(4) A person who sells off-road vehicles.
(c) "Dealer", for purposes of IC 9-31, means a person that sells to
the general public for delivery in Indiana at least six (6):
(1) boats; or
(2) trailers:
(A) designed and used exclusively for the transportation of
watercraft; and
(B) sold in general association with the sale of watercraft;
per year.
SOURCE: IC 9-13-2-150.5; (08)ES0339.2.9. -->
SECTION 9. IC 9-13-2-150.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 150.5. "Registered importer" has
the meaning set forth in IC 9-17-2-0.5.
SOURCE: IC 9-17-2-0.5; (08)ES0339.2.10. -->
SECTION 10. IC 9-17-2-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 0.5. As used in this chapter, "registered importer"
means a person that is:
(1) registered as an importer with the National Highway
Traffic Safety Administration;
(2) a licensed dealer currently in good standing with the state;
and
(3) a validated member of the United States Department of
Homeland Security's Customs-Trade Partnership Against
Terrorism (C-TPAT) administered by the United States
Customs and Border Protection.
SOURCE: IC 9-17-2-12; (08)ES0339.2.11. -->
SECTION 11. IC 9-17-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) As used in this
section, "dealer" refers to a dealer that has:
(1) been in business for not less than five (5) years; and
(2) sold not less than one hundred fifty (150) motor vehicles
during the preceding year.
(b) This section does not apply to the following:
(1) A new motor vehicle or recreational vehicle sold by a dealer
licensed by the state.
(2) A motor vehicle or recreational vehicle transferred or assigned
on a certificate of title issued by the bureau.
(3) A motor vehicle that is registered under the International
Registration Plan.
(4) A motor vehicle that is titled in the name of a financial
institution, lending institution, or insurance company in
Canada and imported by a registered importer, if:
(A) the registered importer complies with section 12.5(a)
of this chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(5) A motor vehicle that is titled in another state and is in the
lawful possession of a financial institution, a lending
institution, or an insurance company, if:
(A) the financial institution, lending institution, or
insurance company complies with section 12.5(b) of this
chapter; and
(B) section 12.5(d) of this chapter does not apply to the
motor vehicle.
(c) An application for a certificate of title for a motor vehicle or
recreational vehicle may not be accepted by the bureau unless the
motor vehicle or recreational vehicle has been inspected by one (1) of
the following:
(1) An employee of a dealer designated by the bureau to perform
an inspection.
(2) A military policeman assigned to a military post in Indiana.
(3) A police officer.
(4) A designated employee of the bureau.
(d) A person described in subsection (c) inspecting a motor vehicle,
semitrailer, or recreational vehicle shall do the following:
(1) Make a record of inspection upon the application form
prepared by the bureau.
(2) Verify the facts set out in the application.
SOURCE: IC 9-17-2-12.5; (08)ES0339.2.12. -->
SECTION 12. IC 9-17-2-12.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 12.5. (a) Except as provided in
subsection (d), the bureau may accept an application for a
certificate of title for a motor vehicle that is titled in the name of a
financial institution, a lending institution, or an insurance company
in Canada and imported by a registered importer without
requiring an inspection under section 12(c) of this chapter if the
registered importer presents the bureau with the following
documentation relating to the motor vehicle:
(1) A copy of the registered importer's validation agreement
issued by the United States Customs and Border Protection
(CBP).
(2) A copy of the entry summary issued by the United States
Customs and Border Protection (CBP Form 7501).
(3) A vehicle history report issued by an independent provider
of vehicle history information that includes:
(A) the vehicle's title information;
(B) the vehicle's odometer readings; and
(C) the number of owners of the vehicle.
(b) Except as provided in subsection (d), the bureau may accept
an application for a certificate of title for a motor vehicle that is
titled in another state and is in the lawful possession of a financial
institution, a lending institution, or an insurance company if the
financial institution, lending institution, or insurance company
presents to the bureau a vehicle history report issued by an
independent provider of vehicle history information that includes:
(1) the motor vehicle's title information;
(2) the motor vehicle's odometer readings; and
(3) the number of owners of the motor vehicle.
(c) A:
(1) registered importer; or
(2) financial institution, a lending institution, or an insurance
company;
must maintain a copy of all documentation required by this section
for at least ten (10) years.
(d) An inspection of a motor vehicle described in subsection (a)
or (b) is required under section 12(c) of this chapter if:
(1) the registered importer; or
(2) the financial institution, lending institution, or insurance
company;
is unable to provide the bureau with the documentation required
by this section.
SOURCE: IC 9-18-2-8; (08)ES0339.2.13. -->
SECTION 13. IC 9-18-2-8, AS AMENDED BY P.L.79-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8. (a) The bureau shall
register vehicles under
determine the schedule
in this section. for registration for the
following categories of vehicles:
(1) Passenger motor vehicles.
(2) Recreational vehicles.
(3) Motorcycles.
(4) Trucks that:
(A) are not regularly rented to others for not more than
twenty-nine (29) days in the regular course of the
corporation's business; and
(B) have a declared gross weight of not more than eleven
thousand (11,000) pounds.
(b) Except as provided in IC 9-18-12-2.5, a person
who that owns
a vehicle shall receive a license plate, renewal tag, or other indicia
upon registration of the vehicle. The bureau may determine the device
required to be displayed.
(c) A corporation shall register, before February 1 of each year, the
following vehicles that are owned by the corporation:
(1) A passenger motor vehicle that is not regularly rented to
others for not more than twenty-nine (29) days in the regular
course of the corporation's business.
(2) A recreational vehicle.
(3) A motorcycle.
(4) A truck that:
(A) is not regularly rented to others for not more than
twenty-nine (29) days in the regular course of the corporation's
business; and
(B) has a declared gross weight of not more than eleven
thousand (11,000) pounds.
(d) (c) A corporation that owns a
(1) passenger motor vehicle; or
(2) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds
that is regularly rented to others for periods of not more than
twenty-nine (29) days in the regular course of the corporation's
business must register the
passenger motor vehicle or truck before
March 1 of each year.
(e) For registrations for 2005, a person who owns a:
(1) passenger motor vehicle;
(2) recreational vehicle;
(3) motorcycle; or
(4) truck that has a declared gross weight of not more than eleven
thousand (11,000) pounds;
that is not subject to the registration requirements under subsection (d)
shall register the passenger motor vehicle, recreational vehicle,
motorcycle, or truck in conformance with the schedule set forth in
subsection (f) or (g).
(f) After December 31, 2005, a person who owns a vehicle subject
to registration under this subsection shall register the vehicle in
accordance with subsection (g). The following schedule applies to
persons who own vehicles that are required to be registered under
subsection (e):
(1) Persons whose last names begin with the letters A through BE
shall register before February 16 of each year.
(2) Persons whose last names begin with the letters BF through
BZ shall register before March 1 of each year.
(3) Persons whose last names begin with the letter C shall register
before March 16 of each year.
(4) Persons whose last names begin with the letter D shall register
before April 1 of each year.
(5) Persons whose last names begin with the letters E through F
shall register before April 16 of each year.
(6) Persons whose last names begin with the letter G shall register
before May 1 of each year.
(7) Persons whose last names begin with the letters HA through
HN shall register before May 16 of each year.
(8) Persons whose last names begin with the letters HO through
I shall register before June 1 of each year.
(9) Persons whose last names begin with the letters J through KM
shall register before June 16 of each year.
(10) Persons whose last names begin with the letters KN through
L shall register before July 1 of each year.
(11) Persons whose last names begin with the letters MA through
ME shall register before July 16 of each year.
(12) Persons whose last names begin with the letters MF through
O shall register before August 1 of each year.
(13) Persons whose last names begin with the letters P through Q
shall register before August 16 of each year.
(14) Persons whose last names begin with the letter R shall
register before September 1 of each year.
(15) Persons whose last names begin with the letters SA through
SN shall register before September 16 of each year.
(16) Persons whose last names begin with the letters SO through
T shall register before October 1 of each year.
(17) Persons whose last names begin with the letters U through
WK shall register before October 16 of each year.
(18) Persons whose last names begin with the letters WL through
Z shall register before November 1 of each year.
(g) The bureau shall determine the schedule for registration for the
categories of vehicles set forth in subsection (e) for registrations
required after December 31, 2005.
(h) (d) A person who that owns a vehicle in a category required to
be registered under subsection (c), (d), or (e), this section and who
desires to register the vehicle for the first time must apply to the bureau
for a registration application form. The bureau shall do the following:
(1) Administer the registration application form.
(2) Issue the license plate.
(3) Collect the proper registration and service fees in accordance
with the procedure established by the bureau.
(i) (e) Except as provided in IC 9-18-12-2.5, the bureau shall issue
a semipermanent plate under section 30 of this chapter, or:
(1) an annual renewal tag; or
(2) other indicia;
to be affixed on the semipermanent plate.
SOURCE: IC 9-22-1-11; (08)ES0339.2.14. -->
SECTION 14. IC 9-22-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. An officer who
finds or is notified of a vehicle or parts believed to be abandoned shall
attach in a prominent place a notice tag containing the following
information:
(1) The date, time, officer's name, public agency, and address and
telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) thirty-six (36) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held responsible
for all costs incidental to the removal, storage, and disposal of the
vehicle.
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within:
(A) thirty-six (36) hours, if the vehicle is located on or
within the right-of-way of an interstate highway or any
highway that is designated as part of the state highway
system under IC 8-23-4; or
(B) seventy-two (72) hours, for any other vehicle.
SOURCE: IC 9-22-1-12; (08)ES0339.2.15. -->
SECTION 15. IC 9-22-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. If a vehicle or a part
tagged under section 11 of this chapter is not removed within the
seventy-two (72) hour applicable period, the officer shall prepare a
written abandoned vehicle report of the vehicle or parts, including
information on the condition, missing parts, and other facts that might
substantiate the estimated market value of the vehicle or parts.
Photographs shall be taken to describe the condition of the vehicle or
parts.
SOURCE: IC 9-23-2-7; (08)ES0339.2.16. -->
SECTION 16. IC 9-23-2-7, AS AMENDED BY P.L.184-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) Except as provided in subsections (b)
through (g), the secretary of state shall issue an offsite sales license to
a dealer licensed under this chapter who submits an application for the
license not later than ten (10) business days or two (2) calendar weeks
before the offsite sale date. License applications under this section shall
be made public upon the request of any person.
(b) The secretary of state may not issue an offsite sales license to a
dealer who does not have an established place of business within
Indiana.
(c) The secretary of state may not issue an offsite sales license to a
licensed dealer proposing to conduct the sale outside a radius of twenty
(20) miles from its established place of business. This subsection does
not apply to:
(1) new manufactured housing dealers;
(2) recreational vehicle dealers; or
(3) a rental company that is a dealer conducting a sale at a site
within twenty (20) miles of any of its company owned affiliates;
or
(4) off-road vehicle dealers.
(d) A vehicle display is not considered an offsite sale if it is
conducted by a new vehicle franchised dealer in an open area where no
sales personnel and no sales material are present.
(e) The secretary of state may not issue an offsite sales license to a
licensed dealer proposing to conduct the offsite sale for more than ten
(10) calendar days.
(f) As used in this subsection, "executive" has the meaning set forth
in IC 36-1-2-5. The secretary of state may not issue an offsite sales
license to a licensed dealer if the dealer does not have authorization
that the offsite sale would be in compliance with local zoning
ordinances or other local ordinances. Authorization under this
subsection may only be obtained from the following:
(1) If the offsite sale would be located within the corporate
boundaries of a city or town, the executive of the city or town.
(2) If the offsite sale would be located outside the corporate
boundaries of a city or town:
(A) except as provided in clause (B), the executive of the
county; or
(B) if the city or town exercises zoning jurisdiction under
IC 36-7-4-205(b) over the area where the offsite sale would be
located, the executive of the city or town.
(g) The secretary of state may not issue an offsite sales license to a
licensed dealer who has held more than three (3) nonconsecutive
offsite sales in the year ending on the date of the offsite sale for which
the current license application is being submitted.
(h) The requirements of section 2(c) of this chapter do not apply to
the application or issuance of an offsite sales license under this section.
SOURCE: IC 9-24-6-4.5; (08)ES0339.2.17. -->
SECTION 17. IC 9-24-6-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 4.5. (a) An employer
that is a motor carrier (as defined in IC 8-2.1-17-10 or 49 CFR
390.5) engaged in the business of the transportation of property
may provide:
(1) an advance of wages not yet earned or business expenses
not yet incurred to the holder of a commercial driver's license
issued according to rules adopted pursuant to section 2 of this
chapter; and
(2) take as a deduction from subsequent wages earned by the
holder of the commercial driver's license the amount of the
advance that exceeds the amount that is substantiated with a
receipt or other appropriate documentary evidence that
complies with the requirements applicable to a
reimbursement or other expense allowance arrangements
under 26 U. S.C. 62(c).
(b) The amount of the advance, in accordance with this section,
deducted from subsequent wages earned by the holder of the
commercial driver's license is not considered an invalid assignment
of wages if the following conditions are satisfied:
(1) The advance is made at the request of the holder of the
commercial driver's license.
(2) The motor carrier employer provided notice to the holder
of the commercial driver's license that the amount advanced
may be deducted from a subsequent wage statement to the
extent that the amount of the advance exceeds the amount
substantiated under this section.
SOURCE: IC 9-29-5-42; (08)ES0339.2.18. -->
SECTION 18. IC 9-29-5-42, AS AMENDED BY P.L.210-2005,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 42. (a) Except as provided in subsection (c),
vehicles not subject to IC 9-18-2-8 shall be registered at one-half (1/2)
of the regular rate, subject to IC 9-18-2-7, if the vehicle is registered
after July 31 of any year. This subsection does not apply to the
following:
(1) Special machinery.
(2) Semitrailers registered on a five (5) year or permanent basis
under IC 9-18-10-2.
(3) An implement of agriculture designed to be operated primarily
on a highway.
(b) Except as provided in subsection (c), subsection (a) and
IC 9-18-2-7 determine the registration fee for the registration of a
vehicle subject to registration under IC 9-18-2-8(c) IC 9-18-2-8(d), and
IC 9-18-2-8(e) and acquired by an owner subsequent to the date
required for the annual registration of vehicles by an owner set forth in
IC 9-18-2-8.
(c) Subject to subsection (d), a vehicle subject to the International
Registration Plan that is registered after September 30 shall be
registered at a rate determined by the following formula:
STEP ONE: Determine the number of months before April 1 of
the following year beginning with the date of registration. A
partial month shall be rounded to one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the annual registration fee for the vehicle
by the STEP TWO result.
(d) If the department of state revenue adopts rules under IC 9-18-2-7
to implement staggered registration for motor vehicles subject to the
International Registration Plan, a motor vehicle subject to the
International Registration Plan that is registered after the date
designated for registration of the motor vehicle in rules adopted under
IC 9-18-2-7 shall be registered at a rate determined by the following
formula:
STEP ONE: Determine the number of months before the motor
vehicle must be re-registered. A partial month shall be rounded to
one (1) month.
STEP TWO: Multiply the STEP ONE result by one-twelfth
(1/12).
STEP THREE: Multiply the annual registration fee for the vehicle
by the STEP TWO result.
SOURCE: IC 34-30-2-24.4; (08)ES0339.2.19. -->
SECTION 19. IC 34-30-2-24.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 24.4.
IC 8-6-4-1(e)
IC 8-6-4-1(f) (Concerning a railroad company and its employees for
injury or property damage resulting from certain accidents).
SOURCE: ; (08)ES0339.2.20. -->
SECTION 20. [EFFECTIVE JULY 1, 2008] The rules adopted
under IC 4-22-2 by the bureau of motor vehicles before July 1,
2008, concerning commercial driver training schools and
instructors of commercial driver training schools are considered,
after July 1, 2008, rules of the Indiana criminal justice institute.
SOURCE: ; (08)ES0339.2.21. -->
SECTION 21. [EFFECTIVE JULY 1, 2008] (a) For the period
beginning January 1, 2009, and ending June 30, 2009, there is
transferred to the Indiana criminal justice institute from money
appropriated to the bureau of motor vehicles an amount that is
necessary to give full effect to the transfer of responsibilities
concerning the licensing of commercial driver training schools and
instructors from the bureau of motor vehicles to the Indiana
criminal justice institute under this act.
(b) The source and amount of money transferred under
subsection (a) shall be:
(1) determined jointly by the bureau of motor vehicles and the
Indiana criminal justice institute; and
(2) memorialized not later than December 1, 2009, in a
writing that is subject to approval by the state budget agency.
SOURCE: ; (08)ES0339.2.22. -->
SECTION 22. [EFFECTIVE JULY 1, 2008] (a) Notwithstanding
IC 9-13-2-42, as amended by this act, a person who engages in the
business of selling at least twelve (12) off-road vehicles to the
general public each year for delivery in Indiana whose business
name begins with the letters A through L, inclusive, is not required
to apply for a dealer's license under IC 9-23-2 with the bureau of
motor vehicles until the month in 2009 required by IC 9-23-2-8.
(b) This SECTION expires December 31, 2009.
SOURCE: IC 9-13-2-27.5; IC 9-13-2-80; IC 9-23-0.5-1; IC 9-27-4;
IC 9-29-12-1; IC 9-29-12-2.
; (08)ES0339.2.23. -->
SECTION 23. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2008]: IC 9-13-2-27.5; IC 9-13-2-80; IC 9-23-0.5-1;
IC 9-27-4; IC 9-29-12-1; IC 9-29-12-2.
SOURCE: ; (08)ES0339.2.24. -->
SECTION 24.
An emergency is declared for this act.