Prepared by: Bart Giesler
Report created on February 21, 2018
 
HB1063DEALER SERVICES DIVISION. (SULLIVAN H) Requires certain definitions to be used in the dealer services law. Includes: (1) flood damage affidavits; (2) title affidavits; (3) interim plates generated in error; and (4) copies of rebuilt vehicle disclosures; as records for purposes of the dealer services law. Requires a motor vehicle or watercraft dealer to identify in a title affidavit whether a lien exists on the motor vehicle or watercraft and the date any obligation must be satisfied. Provides that a dealer may provide an interim plate when the dealer: (1) sells or leases a motor vehicle; or (2) allows a purchaser to take delivery prior to the finalization of financing; whichever occurs first. Specifies that only certain persons engaged in the business of buying, selling, or manufacturing motor vehicles are eligible for a dealer license. Provides that a dealer must keep certain documents related to a sale of a motor vehicle or watercraft. Requires a dealer to be in good standing with the department of financial institutions. Makes conforming changes. Makes technical changes.
 Current Status:   2/20/2018 - Committee Report do pass, adopted
 
HB1095ELECTRONIC TITLES. (SIEGRIST S) Defines "certificate of title" as a record that: (1) contains evidence of vehicle ownership; (2) contains information related to the vehicle as required under the law governing certificates of title; and (3) can be issued either in a physical document or an electronic document. Defines "transferring party" as a person that: (1) is listed on the certificate of title as an owner of the vehicle; or (2) is acting as an agent of the owner and holds power of attorney for the owner of the vehicle. Requires a person who has a lien or encumbrance that is notated on an electronic title to notify the bureau of motor vehicles (BMV) and the person listed on the certificate of title as the owner or the person acting as the owner's power of attorney that the lien or encumbrance has been satisfied or discharged. Requires the BMV to enter a notation recording the satisfaction or discharge of a lien or encumbrance when the BMV receives a notification from the lien holder for electronic titles. Moves the definition of "third party" from a chapter in which the term is not used to the chapter governing obtaining, expiration, replacement, and transfer of certificates of title. Makes conforming changes.
 Current Status:   2/20/2018 - Committee Report do pass, adopted
 
HB1132GOLF CART, OFF-ROAD VEHICLE, AND RECOVERY VEHICLE REGULATION. (DAVISSON S) Provides that local ordinances concerning the operation of golf carts and off-road vehicles may require the operator to have a driver's license or be at least 16 years and 180 days of age and hold an identification card. (Current law requires local ordinances to impose these requirements.) Defines "recovery vehicle" as a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles. Requires a person who is in the business of operating a recovery vehicle to: (1) employ a certified safety officer; and (2) develop safety procedures to promote safe recovery vehicle operations and public safety. Requires the state police department to approve training programs to certify individuals as safety officers to teach safe recovery vehicle operations and public safety.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1174INSTALLATION OF USED TIRES. (MORRIS R) Prohibits a supplier from installing or offering to install an unsafe used tire on a motor vehicle. Provides that a person who knowingly violates these provisions is subject to a civil penalty of $500 for each violation.
 Current Status:   2/20/2018 - added as cosponsor Senator Randolph
 
HB1190USE OF ITIN BY THE BUREAU OF MOTOR VEHICLES. (MILLER D) Allows the use of an individual tax identification number (ITIN) when registering a: (1) vehicle; (2) recreational vehicle; or (3) manufactured home; with the bureau of motor vehicles. Makes conforming amendments.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1223ELECTRONIC REPORTING OF VALUABLE METAL PURCHASES. (GUTWEIN D) Transfers the authority of the state police department with respect to valuable metal dealers to the state department of homeland security (DHS). Requires a metals business (an automobile scrapyard, automotive salvage recycler, core buyer, recycling facility, or valuable metal dealer) to electronically submit daily reports to the DHS concerning its valuable metal purchases. Requires the DHS to maintain ownership and control of the computer software system used for the electronic reporting and to retain the information for at least two years. Declares that the information submitted electronically is confidential but requires that the information must be made available to law enforcement agencies. Makes a metals business immune from civil liability arising from the disclosure of information concerning valuable metal purchases if the information is disclosed through a computer system breach and if the breach is caused by a person other than, and without the knowledge or consent of, the metals business. Makes it a Class A misdemeanor for a metals business to knowingly or intentionally fail to comply with record keeping or reporting requirements. Makes it a Class A misdemeanor for a person to recklessly sell or attempt to sell stolen valuable metal to a metals business. Requires the executive director of the DHS to adopt rules concerning the electronic reporting of valuable metal purchases. Precludes a unit of local government from adopting an ordinance to regulate metals businesses regarding the holding of or record keeping or reporting regarding scrap metal, ferrous metal, or nonferrous metal. Includes a statement by which the general assembly covenants not to repeal or amend the law on valuable metal purchases, except for technical corrections or increases in penalties for violations, before July 1, 2028.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1280RECKLESS OPERATION IN A HIGHWAY WORK ZONE. (YOUNG J) Provides that each death or instance of bodily injury caused by reckless operation of a motor vehicle in a highway work zone constitutes a separate offense.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1290TRANSPORTATION FINANCE. (SOLIDAY E) Repeals the motor carrier surcharge tax and increases the special fuel tax by $0.21 per gallon. Distributes part of the special fuel tax revenue to the motor carrier regulation fund. Specifies how netted International Fuel Tax Agreement Clearinghouse refunds and receipts are deposited or credited. Specifies that the commercial vehicle excise tax rate calculation that must be done on or before October 1 of each year is effective on January 1 of the following year. Excludes the transportation infrastructure improvement fee and the supplemental fees for registering electric and hybrid vehicles from the calculation of the commercial vehicle excise tax. Changes various distribution percentages of revenue distributed from the motor vehicle highway account and highway, road and street fund. Provides that at least 50% of the revenue distributed to counties, cities, and towns must be used for the construction, reconstruction, and preservation of highways in the respective jurisdictions. Makes various changes to the accounting system for local roads and streets. Provides that all registration fees collected under the International Registration Plan (IRP) or through an Indiana based IRP account (rather than only certain specified fees collected under the IRP or an Indiana based IRP account under current law) are covered by the statute providing for the first $125,000 of such revenue each state fiscal year to be distributed to the state police building account and any remaining amounts to be distributed to the motor vehicle highway account. Specifies that the transportation infrastructure improvement fee shall be apportioned under the IRP. Specifies conditions under which a vehicle platoon may be operated in Indiana. Defines certain terms. Makes conforming changes.
 Current Status:   2/22/2018 - Senate Appropriations, (Bill Scheduled for Hearing); Time & Location: 9:00 AM, Rm. 431
 
HB1295USE OF AN ELECTRONIC DEVICE WHILE DRIVING. (PRESSEL J) Creates the offense of "unlawful use of an electronic communications device". Provides that use of an electronic communications device to perform certain actions while operating a motor vehicle is a Class C infraction. Creates certain exemptions. Specifies that the offense may be enhanced to a: (1) Class A misdemeanor, if a person has two prior unrelated convictions for the offense within the past five years; (2) Level 6 felony, if the offense results in bodily injury to another person or the person has three prior unrelated convictions for the offense within the past five years; (3) Level 5 felony, if the offense results in serious bodily injury to another person and the person has a prior unrelated conviction for the offense within the past five years or the offense results in the death of another person; or (4) Level 4 felony, if the offense results in the death of another person and the person has a prior unrelated conviction within the past five years. Provides that certain convictions for the offense of unlawful use of an electronic communications device may constitute a predicate offense for a habitual traffic violator determination. Requires the bureau of motor vehicles to develop and administer a distracted driving public education campaign. Defines certain terms. Makes conforming amendments.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1311MOTOR VEHICLE MATTERS. (SOLIDAY E) Establishes the department of state revenue pilot program (pilot program). Specifies that the purpose of the pilot program is to assist the state, other states, and other government agencies with: (1) the administration and processing of commercial vehicle registrations as required under the International Registration Plan; (2) the licensing and reporting of fuel tax use for motor carriers under the International Fuel Tax Agreement; (3) audit and record keeping for the International Registration Plan and the International Fuel Tax Agreement; and (4) any other essential or necessary functions related to the motor carrier services. Establishes the pilot program fund to assist with the implementation and administration of the pilot program. Requires the valuation of a motor vehicle to be based upon the vehicle's model year. Requires the county surtax for a motor vehicle to be based upon a vehicle's model year. Requires a person to certify that certain information requested from the bureau of motor vehicles (bureau) will be used for a permissible purpose. Allows the bureau to determine how special identification numbers should read. Repeals the statutory definition of "Indiana firefighter". Requires the bureau to consult with the Professional Firefighters Union of Indiana and the Indiana Firefighters Association concerning the design of the Indiana firefighter special group license plate. Removes the National Football League franchised football team license plate from the special group license plate program. Allows a police officer to charge a fee for title and vehicle identification number (VIN) inspections in certain instances. Specifies that a fee related to a title or VIN inspection performed by a police officer may not exceed $5. Specifies that revenue generated by a fee related to a police officer's inspection of a title or VIN must be deposited in: (1) a special vehicle inspection fund; or (2) a local law enforcement continuing education fund. Allows the bureau to waive certain: (1) age; (2) experience; and (3) practice; requirements related to hardship waivers. Allows a motorcyclist who: (1) is not less than 16 years and 90 days of age; and (2) has successfully completed a motorcycle safety education course; or who is 16 years and 270 days of age to receive a motorcycle endorsement. Allows the bureau to waive certain vision and vision testing requirements related to learner's permits and driver's licenses if the applicant provides evidence from a licensed ophthalmologist or licensed optometrist demonstrating an ability to operate a motor vehicle in a manner that does not jeopardize individuals or property. Provides that a licensed ophthalmologist or licensed optometrist may not be civilly or criminally liable for a report made in good faith to the bureau concerning a person's fitness to operate a motor vehicle. Adds: (1) parents; (2) legal guardians; and (3) grandparents; to the list of individuals who may be transported by a probationary driver. Allows certain credentials to be renewed 24 months prior to the expiration of the credential. Creates a rebuttable presumption of knowledge for all driver's license suspensions when: (1) a notice; or (2) an order; concerning the suspension of an individual's driving privileges are mailed to the last known address of the individual. Requires affidavits pertaining to flood damaged vehicles to be kept and maintained by a dealer. Defines the term "fee" as any money assessed or collected by the bureau. Exempts vehicles: (1) leased or owned by certain postsecondary institutions; and (2) used for official business purposes; from certain registration fees. Provides that a vehicle currently designated as a "specialty constructed" vehicle under the motor vehicle code will be designated after June 30, 2018, as a "replica vehicle". Provides that a vehicle currently designated as a "reconstructed vehicle" in the motor vehicle code will be designated after June 30, 2018, as a "specialty constructed" vehicle. Allows the bureau to refund certain fees. Makes conforming amendments. Makes a technical correction.
 Current Status:   2/1/2018 - Referred to Senate Homeland Security and Transportation
 
HB1323HEAVY EQUIPMENT RENTAL EXCISE TAX. (HUSTON T) Excludes heavy rental equipment from the assessment of the personal property tax. Imposes an excise tax on the rental of heavy rental equipment (excise tax). Provides procedures for the sourcing, collection, and distribution of the excise tax. Provides that the excise tax is apportioned and distributed to local governmental units (units) in the same manner that property taxes are apportioned and distributed. Requires the units to deposit the excise taxes in the units' levy excess fund.
 Current Status:   2/20/2018 - Committee Report amend do pass, adopted
 
HB1334FLASHING LIGHTS FOR LANE PAINTING VEHICLES. (WRIGHT M) Provides that a vehicle being used to apply road or lane markings may display flashing lights.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1341AUTONOMOUS VEHICLES. (SOLIDAY E) Provides that a political subdivision may not enact a measure, ordinance, policy, regulation, rule, or other restriction that prohibits the authorized use of: (1) an automated driving system; (2) an automated vehicle; or (3) an on demand automated vehicle network. Provides that a person in possession of a valid driver's license may operate an automated vehicle on a public highway. Requires automated vehicles to comply with all applicable federal and state laws pertaining to the type of motor vehicle being operated. Prohibits the use of an automated driving system or an automated vehicle that does not comply with federal and state laws concerning the functions operated by the automated driving system or the type of motor vehicle being operated. Provides that it is a Class C misdemeanor to operate an automated driving system or automated vehicle that does not comply with applicable federal and state laws. Allows a law enforcement officer to impound an automated vehicle in certain instances. Requires all automated vehicles to be registered with the bureau of motor vehicles (bureau). Specifies the equipment that all automated vehicles must have. Requires any person who operates an automated vehicle to maintain proof of financial responsibility with the bureau. Requires a person who operates, platoons, or tests an automated vehicle to have at least $5,000,000 worth of financial responsibility per entity. Establishes the automated vehicle oversight taskgroup (taskgroup). Specifies that taskgroup membership consists of: (1) the bureau of motor vehicles (BMV) commissioner or BMV chief of staff; (2) the department of insurance commissioner or department of insurance chief of staff; (3) the Indiana department of transportation (INDOT) commissioner or INDOT chief of staff; (4) the Indiana State Police (ISP) superintendent, ISP assistant superintendent, or ISP chief of staff; (5) the appropriate county commissioner or county executive in certain instances; and (6) the appropriate mayor or town executive in certain instances. Requires a person who operates, platoons, or tests an automated vehicle on a public highway to: (1) register the vehicle with the bureau; (2) maintain proof of financial responsibility with the bureau; (3) submit an application to the taskgroup; (4) submit an operational protocol to the taskgroup; and (5) await receipt of written taskgroup approval before operating or platooning automated vehicles on a public highway. Allows the taskgroup to immediately prohibit: (1) the continued operation of a previously approved automated vehicle or platoon; or (2) previously approved testing; if the continued operation, platooning, or testing of an automated vehicle presents a risk to public safety or fails to comply with certain requirements. Requires a qualified and properly credentialed responsible occupant to occupy any automated vehicle during testing. Provides the taskgroup with emergency rulemaking authority. Provides that use of: (1) an automated driving system; or (2) an automated vehicle; does not exempt a responsible occupant or remote operator from certain obligations following an accident involving an automated vehicle. Provides civil immunity to the original manufacturer of a motor vehicle that is subsequently converted into an automated vehicle in certain instances. Provides civil immunity to a motor vehicle mechanic or motor vehicle repair facility that performs repairs on an automated vehicle in certain instances. Defines certain terms. Makes conforming amendments.
 Current Status:   2/19/2018 - added as cosponsor Senator Melton
 
HB1350VEHICLE CLEARANCE WHEN OVERTAKING A BICYCLE. (HEATON R) Provides that it is a Class C infraction for the operator of a vehicle overtaking a bicycle to: (1) fail to allow at least three feet of clearance between the vehicle and the bicycle; or (2) return to the original lane before the vehicle is safely clear of the bicycle. Provides that the operator of a vehicle may pass a bicycle in a no passing zone if the operator complies with these requirements and it is otherwise safe to do so. Revises the definition of "bicycle" for purposes of the motor vehicle code.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
HB1352TOWING SERVICES. (MAHAN K) Amends the statute concerning the release of an abandoned motor vehicle that has been towed to a storage yard or towing facility as follows: (1) Provides that upon payment of all costs incurred against a vehicle, the vehicle must be released to a representative of the insurance company that insures the vehicle if certain conditions are met. (2) Provides inspection rights for owners, lienholders, and insurance company representatives. (3) Requires a towing service or storage yard to: (A) provide an itemized receipt upon payment; and (B) meet certain requirements as to: (i) hours of operation; and (ii) receiving and returning telephone calls. Includes lienholders in the statutory definition of "owner". Makes the following changes to the statute concerning a public agency's or towing service's duty to notify the owner that an abandoned vehicle has been removed to a storage yard or towing service: (1) Provides that the required notice shall also be provided to the insurer of the vehicle, if: (A) the insurer is known; and (B) the vehicle is covered by an active insurance policy. (2) Specifies additional information that must be included in the notice. (3) Specifies a public agency's or towing service's duties with respect to vehicles owned by a corporation or another business entity. Creates a new article in the Indiana Code to establish certain requirements for towing companies that engage in, or offer to engage in, the business of providing towing service in Indiana, including provisions concerning the following: (1) Emergency towing. (2) Private property towing. (3) Estimates and invoices for towing services. (4) Releasing towed motor vehicles. (4) Prohibited acts by towing companies and storage facilities. Provides that a person who violates these new provisions commits a deceptive act that is: (1) actionable under; and (2) subject to the penalties and remedies set forth in; the statute governing deceptive consumer sales. Provides that the attorney general: (1) shall receive, and may investigate, complaints alleging violations of the new provisions; and (2) after finding that a violation has occurred, may take appropriate action under the statute governing deceptive consumer sales. Authorizes the attorney general to adopt rules to implement the new provisions.
 Current Status:   2/26/2018 - Senate Civil Law, (Bill Scheduled for Hearing); Time & Location: 10:00 AM, Rm. 130
 
HB1429ABANDONED VEHICLES. (MORRIS R) Provides that a person may not knowingly or intentionally abandon a motor vehicle. Specifies that the last titled owner of an abandoned vehicle is responsible for: (1) the abandoned vehicle; and (2) all costs incidental to the removal, storage, or disposal of the abandoned vehicle or its parts. Provides certain exceptions. Provides that the bureau of motor vehicles (bureau) may not issue or renew an operator's license for an applicant who: (1) abandons a vehicle; and (2) fails to fully pay all costs and fines associated with the abandonment of the vehicle. Provides that the bureau may not register a motor vehicle to a registrant who: (1) abandons a vehicle; and (2) fails to fully pay all costs and fines associated with the abandonment of the vehicle. Allows the bureau to withhold the annual registration of a vehicle registered to an individual who: (1) abandons a vehicle; and (2) fails to fully pay all costs and fines associated with the abandonment of the vehicle. Provides the bureau with rulemaking authority. Defines certain terms. Makes conforming amendments.
 Current Status:   2/5/2018 - DEAD BILL; Fails to advance by House 3rd reading deadline (Rule 147.2)
 
SB164MOTOR VEHICLE REPAIRS. (MESSMER M) Prohibits certain activities by an adjuster, insurer, insurance producer, or other representative of an insurer in connection with a motor vehicle repair. Makes certain activities by a repair shop in connection with a motor vehicle repair for which insurance coverage is available deceptive acts.
 Current Status:   2/21/2018 - DO PASS AMEND Yeas: 12; Nays: 0
 
SB244EXCISE TAX ON HEAVY EQUIPMENT. (HOLDMAN T) Excludes motorized heavy equipment vehicles from the assessment of the personal property tax. Imposes an excise tax on the rental of motorized heavy equipment vehicles (excise tax). Provides procedures for the sourcing, collection, and distribution of the excise tax. Provides that the excise tax is apportioned and distributed to local governmental units (units) in the same manner that property taxes are apportioned and distributed. Requires the units to deposit the excise taxes in the units' levy excess fund.
 Current Status:   2/6/2018 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
 
SB292CRIMINAL LAW MATTERS. (YOUNG M) Repeals the offense of auto theft and receiving stolen auto parts. Provides that a person who knowingly or intentionally exerts unauthorized control of a motor vehicle or a component part of a motor vehicle, with the intent to deprive the other person of any part of its value or use, commits theft, a Level 6 felony. Provides that a person who knowingly or intentionally exerts unauthorized control of a motor vehicle or a component part of a motor vehicle, with the intent to deprive the other person of any part of its value or use, and has a prior unrelated conviction for a qualifying offense, commits theft, a Level 5 felony. Defines "qualifying offense". Prohibits the expunged conviction records of an undocumented alien to be sealed or redacted. Prohibits a minor in adult court to waive, as part of a plea agreement, the right to transfer jurisdiction to juvenile court for adjudication and disposition under certain circumstances. Amends the statute concerning the suspension of a sentence for a person with a juvenile record. Makes conforming amendments.
 Current Status:   2/12/2018 - Referred to House Courts and Criminal Code
 
SB430INSTALLATION OF USED TIRES. (SANDLIN J) Prohibits a supplier from installing or offering to install an unsafe used tire on a motor vehicle. Provides that a person who knowingly violates these provisions is subject to a civil penalty of $500 for each violation.
 Current Status:   2/6/2018 - DEAD BILL; Fails to advance by Senate 3rd reading deadline (Rule 79(a))
 
actionTRACK - HANNAH NEWS SERVICE - MIDWEST, LLC.