| HB1063 | DEALER 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: | 3/19/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/14/2018 - Signed by the President Pro Tempore
3/8/2018 - House concurred in Senate amendments; Roll Call 364: yeas 80, nays 0
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| | State Bill Page: | HB1063 |
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| HB1095 | ELECTRONIC 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: | 3/8/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/7/2018 - Signed by the President of the Senate
3/5/2018 - Signed by the President Pro Tempore
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| | State Bill Page: | HB1095 |
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| HB1290 | TRANSPORTATION 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. Specifies that heating oil is not included in the sales tax exemption for special fuel. Provides that for funds distributed to counties, cities, and towns from the motor vehicle highway account, each county, city, or town must use at least 50% of the money for the construction, reconstruction, and preservation of the unit's highways. (Under current law, at least 50% must be used for construction, reconstruction, and maintenance.) Makes various changes to the accounting system for local roads and streets. Establishes the New Harmony and Wabash River bridge authority (bridge authority). Specifies the composition and terms of bridge authority membership. Describes the purpose and duties of the bridge authority. Authorizes the bridge authority to charge and collect a toll for transit across the White County bridge (bridge). Requires the bridge authority to equip, improve, maintain, operate, reconstruct, rehabilitate, and restore the bridge for use by motor vehicles, pedestrians, and other forms of transportation. Allows the bridge authority to issue bonds and notes for certain purposes. 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: | 3/21/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/19/2018 - Received by Governor
3/14/2018 - Signed by the President Pro Tempore
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| | State Bill Page: | HB1290 |
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| HB1311 | MOTOR 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. Provides that the following terms may appear on the title of a motor vehicle registration in certain instances: (1) Replica vehicle. (2) Reconstructed vehicle. (3) Specialty reconstructed vehicle. Allows the bureau to determine how special identification numbers should read. Exempts a motor vehicle that is: (1) owned or leased by certain postsecondary educational institutions; and (2) used for official business purposes; from certain registration fees. 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. Allows the bureau to refund certain fees. Allows disbursements from a municipal special fund to be used to defray the cost and maintenance expenses associated with the operation of a municipally owned park where parking meters are located. Makes conforming amendments. Makes a technical correction. |
| | Current Status: | 3/19/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/14/2018 - Signed by the President Pro Tempore
3/13/2018 - Joint Rule 20 technical correction adopted by the Senate
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| | State Bill Page: | HB1311 |
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| HB1323 | HEAVY 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. Provides that the excise taxes distributed to the units before January 1, 2020, must be deposited in the unit's excess levy fund. Provides that after December 31, 2019, excise taxes distributed to the units must be allocated among the unit's funds in the same proportion that the unit's property tax collections are allocated among those funds. |
| | Current Status: | 3/21/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/14/2018 - Signed by the President Pro Tempore
3/14/2018 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 396: yeas 49, nays 0
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| | State Bill Page: | HB1323 |
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| SB99 | CIVIL FORFEITURE. (BRAY R) Requires the prosecuting attorney to file an affidavit of probable cause with a court not later than seven days after property is seized, and provides for the return of the property to the owner if the court does not find probable cause. Establishes a procedure for an owner of real property or of a vehicle (if the owner was not operating the vehicle at the time of the seizure) to obtain provisional custody of the seized property pending a final forfeiture determination. Makes the time limit for filing a forfeiture action: (1) 21 days, if the owner has filed a written demand for return of the property; or (2) 90 days, if the owner has not filed a written demand for return of the property. Provides that an owner whose property is returned is not liable for the costs of storage, transportation, or maintenance. Specifies how the proceeds of a forfeiture action are to be distributed. Requires a prosecuting attorney to report certain information concerning forfeitures to the prosecuting attorneys council. Imposes certain requirements on the use and compensation of outside counsel in forfeiture actions, and prohibits a prosecuting attorney or deputy prosecuting attorney from receiving a contingency fee for a forfeiture action. (The introduced version of this bill was prepared by the interim study committee on courts and the judiciary.) |
| | Current Status: | 3/13/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/12/2018 - Received by Governor
3/12/2018 - Signed by the President of the Senate
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| | State Bill Page: | SB99 |
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| SB290 | WORKER'S COMPENSATION. (FORD J) Establishes a time frame for the payment of compensation under a settlement agreement, a permanent partial impairment agreement, and an award of compensation ordered by a single hearing member of the worker's compensation board (board). Provides that an employer that fails to make a timely payment is subject to a civil penalty. Requires an employer that has mobile or remote employees to convey information about worker's compensation coverage to the employer's employees in an electronic format or in the same manner as the employer conveys other employment related information. Allows the electronic filing of certain documents with the board. Provides that a permanently, totally disabled worker must reapply to the second injury fund for a wage replacement benefit every three years instead of every 150 weeks. Requires the reporting of workplace injuries needing medical attention beyond first aid instead of injuries causing an absence from work for more than one day. Provides that reporting requirements for workplace injuries are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration's regulations. Changes from $50 per employee to $100 per day the civil penalty for an employer's failure to provide proof of worker's compensation coverage. Revises the definition of employer to include corporations, limited liability companies, limited liability partnerships, and other entities that have common control and ownership. Makes conforming amendments for occupational diseases compensation. Establishes the assigned risk plan (plan) administered by the worker's compensation rating bureau (bureau). Provides that the plan may be substantially modified or eliminated only as the general assembly provides by statute. Removes the requirement for representation in the management of the bureau by stock companies and nonstock companies.
Urges the legislative council to assign to an appropriate interim study committee the task of studying increases to the benefit schedules for worker's compensation and occupational diseases compensation. |
| | Current Status: | 3/25/2018 - SIGNED BY GOVERNOR
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| | Recent Status: | 3/21/2018 - Received by Governor
3/6/2018 - Senate concurred in House amendments; Roll Call 346: yeas 49, nays 0
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| | State Bill Page: | SB290 |
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