February 2, 2007
HOUSE BILL No. 1262
_____
DIGEST OF HB 1262 (Updated January 31, 2007 12:45 pm - DI 96)
Citations
Affected: IC 3-5; IC 3-7; IC 5-10.3; IC 5-14;
IC 6-1.1; IC 6-6; IC 9-13; IC 9-14; IC 9-16;
IC 9-18; IC 9-24; IC 9-29; IC 34-13; IC 36-1;
IC 36-2; noncode.
Synopsis: BMV administration by secretary of state. Provides that the secretary of state, by virtue of office, is the commissioner of the bureau of motor vehicles. Abolishes the bureau of motor vehicles commission. Transfers all the commission's powers, duties, and functions to the bureau. Transfers all the commission's appropriations, records, and real and personal property to the bureau.
Effective: June 30, 2007; July 1, 2007.
Pelath
January
11, 2007, read first time and referred to Committee on Roads and
Transportation.
February 1, 2007, amended,
reported _ Do Pass.
February 2, 2007
First Regular Session 115th General Assembly (2007)
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 2006 Regular Session of the
General Assembly.
HOUSE BILL No. 1262
A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE:
IC 3-5-2-23.2; (07)HB1262.1.1. --> SECTION
1. IC 3-5-2-23.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 23.2. (a) Except as provided in subsection (b),
"expedited basis" refers to the processing of:
(1)
a voter registration application;
(2)
a cancellation of a voter registration application;
(3)
a transfer of a voter registration application; or
(4)
another document that creates or amends the voter registration record
of an individual;
not later than forty-eight (48) hours after the
document is received by a county voter registration office or an
agency required under IC 3-7 to transmit voter registration
documents to a county voter registration office.
(b)
If a voter registration application or other document listed in
subsection (a) includes a partial Social Security number that must be
submitted to the Commissioner of Social Security for verification
under 42 U.S.C. 405(r), "expedited basis" refers to the
processing of the
application or document not later than forty-eight (48) hours
after the bureau of motor vehicles commission
receives verification from the Commissioner regarding the partial
Social Security number.
SOURCE: IC 3-7-14-3; (07)HB1262.1.2.
--> SECTION 2. IC 3-7-14-3 IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. The bureau of
motor vehicles commission is the state's motor
vehicle authority for purposes of NVRA.
SOURCE: IC 3-7-14-5; (07)HB1262.1.3.
--> SECTION 3. IC 3-7-14-5 IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. As provided in
42 U.S.C. 1973gg-3(c)(1), the bureau of motor vehicles commission
shall include a voter registration application form as a part of the
application for a driver's license prescribed under IC 9-24.
SOURCE: IC 3-7-14-9; (07)HB1262.1.4. --> SECTION
4. IC 3-7-14-9, AS AMENDED BY P.L.164-2006, SECTION 8, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) An
employee of the bureau of motor vehicles commission
who provides an individual with a driver's license or identification
card application shall do the following:
(1)
Inform each individual who applies for a driver's license or an
identification card that the information the individual provides on
the individual's application will be used to register the individual
to vote unless:
(A)
the individual is not eligible to vote;
(B)
the individual declines to register to vote or fails to complete the
voter registration part of the application; or
(C)
the individual answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2)
Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application if requested to do so by the
individual.
(3)
Check the completed voter registration form for legibility and
completeness.
(4)
Inform the individual that the individual will receive a mailing from
the county voter registration office of the county where the
individual resides concerning the disposition of the voter
registration application.
(5)
Inform each individual who submits a change of address for a driver's
license or identification card that the information serves as notice
of a change of address for voter registration unless the applicant
states in writing on the form that the change of address is not for
voter registration purposes.
(b) The
bureau of motor vehicles commission shall transmit a
voter registration form to the election division for transmittal to
the
appropriate county voter registration office in accordance with IC 3-7-26.3.
SOURCE: IC 3-7-14-10; (07)HB1262.1.5.
--> SECTION 5. IC 3-7-14-10 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. If an
individual is registering to vote after the twenty-ninth day before
the date that a primary, general, municipal, or special election is
scheduled in the precinct where the voter resides, the employee of
the bureau of motor vehicles commission who provides
an individual with a driver's license or an identification card
application shall do the following:
(1)
Inform the individual that license branch registration will not
permit the individual to vote in the next election.
(2)
Inform the individual of other procedures the individual may follow
to vote in the next election.
SOURCE: IC 3-7-14-11; (07)HB1262.1.6.
--> SECTION 6. IC 3-7-14-11, AS
AMENDED BY P.L.164-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 11. Whenever an applicant completes a
voter registration application under section 4 of this chapter, the
bureau of motor vehicles commission shall provide
the applicant with a written acknowledgment that the applicant has
completed a voter registration application at a license branch. The
acknowledgment:
(1)
may be:
(A)
a detachable part; or
(B)
an electronic version;
of
the registration form prescribed under section 4 of this chapter;
and
(2) must set
forth the name and residential address of the applicant and the date
that the application was completed.
SOURCE: IC 3-7-14-12; (07)HB1262.1.7.
--> SECTION 7. IC 3-7-14-12, AS
AMENDED BY P.L.164-2006, SECTION 10, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 12. (a) An applicant who completes a
voter registration application under section 4 of this chapter is not
required to submit the application to a county voter registration
office.
(b) The bureau of motor vehicles
commission shall forward the voter registration part
of the application to the election division for transmittal to the
appropriate county voter registration office on an expedited basis in
accordance with IC 3-7-26.3, IC 9-24-2.5, and 42 U.S.C.
1973gg-3(c)(2)(E).
SOURCE: IC 3-7-14-13; (07)HB1262.1.8. --> SECTION
8. IC 3-7-14-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 13. Voter registration information received or maintained
by the bureau of motor vehicles commission under
this chapter is confidential and may be used only for voter
registration purposes as provided in this article, 42 U.S.C.
1973gg-3(b), and 42 U.S.C. 1973gg-6(a)(6).
SOURCE: IC 3-7-14-15; (07)HB1262.1.9.
--> SECTION 9. IC 3-7-14-15 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. As
provided in 42 U.S.C. 1973gg-3(d), a circuit court clerk or board of
registration may update the address in the voter registration of an
applicant, unless the applicant indicates on an application to obtain
or renew a motor vehicle driver's license (or any other change of
address form submitted to the clerk or board by the bureau of motor
vehicles) commission) that the change of address of
the applicant is not for voter registration purposes.
SOURCE: IC 3-7-26.3-18;
(07)HB1262.1.10. --> SECTION 10.
IC 3-7-26.3-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 18. As required under 42 U.S.C. 15483, the secretary of
state, the co-directors of the election division, and the bureau of
motor vehicles commission shall enter into an
agreement to match information in the computerized list data base
with information in the data base of the bureau of motor vehicles
commission to enable the election division (acting
on behalf of the secretary of state) and the commission
bureau to verify the accuracy of the information provided on
voter registration applications.
SOURCE: IC 3-7-26.3-19;
(07)HB1262.1.11. --> SECTION 11.
IC 3-7-26.3-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 19. (a) As required under 42 U.S.C. 15483, the bureau of
motor vehicles commission shall enter into an
agreement with the Commissioner of Social Security under 42 U.S.C.
405(r)(8)(A) to verify information set forth on voter registration
applications.
(b) The following
information is subject to verification under this
section:
(1)
Whether the name (including the first name and any family forename or
surname), date of birth (including month, day, and year), and Social
Security number of an individual provided to the Commissioner of
Social Security match the information contained in the Commissioner's
records.
(2)
Whether the individual is shown in the records of the Commissioner of
Social Security as deceased.
SOURCE: IC 3-7-32-5; (07)HB1262.1.12. --> SECTION
12. IC 3-7-32-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 5. (a) This section does not apply to a registration by
mail form.
(b) Each voter applying to
register at the county voter registration office shall, upon
completing the voter registration form, receive a notice of
disposition stating whether the voter's name has been added to the
registration rolls if the application is approved.
(c)
Each voter applying to register before a bureau of motor vehicles
commission or voter registration agency shall, upon
completing the
voter registration application form, receive a registration acknowledgement stating that the registration form will be forwarded to the appropriate county voter registration office so that the voter's name may be added to the registration rolls if the application is approved.
SOURCE: IC 3-7-34-5; (07)HB1262.1.13.
--> SECTION 13. IC 3-7-34-5, AS
AMENDED BY P.L.164-2006, SECTION 29, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5. (a) If a registration form contains
all of the information required to be supplied by the voter, but does
not include the information required to be supplied by the bureau of
motor vehicles commission or a voter registration
agency, the county voter registration office shall promptly make one
(1) effort to contact the officer, commission,
bureau, or agency to obtain the information.
(b)
If the information is not obtained from the officer, commission,
bureau, or agency under subsection (a) not later than seven
(7) days after the county voter registration office provides the
notice, the county voter registration office shall notify the NVRA
official. The NVRA official shall contact the officer, commission,
bureau, or agency to request that the information be provided
to the county voter registration office or that the officer,
commission, bureau, or agency file a
statement with the county voter registration office indicating why
the information is not available.
SOURCE: IC 3-7-34-7; (07)HB1262.1.14.
--> SECTION 14. IC 3-7-34-7, AS
AMENDED BY P.L.81-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The county voter registration
office shall certify to the NVRA official on an expedited basis a
list of the registration forms that have been processed under section
6 of this chapter but do not contain information required to be
supplied by the bureau of motor vehicles commission
or a voter registration agency.
(b) The
NVRA official shall notify the commission bureau
or agency that the commission bureau or
agency is required to supply the omitted information on an expedited
basis to the county voter registration office following receipt of
notice from the NVRA official.
SOURCE: IC 5-10.3-7-2; (07)HB1262.1.15.
--> SECTION 15. IC 5-10.3-7-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The
following employees may not be members of the fund:
(1)
Officials of a political subdivision elected by vote of the people,
unless the governing body specifically provides for the participation
of locally elected officials.
(2)
Employees occupying positions normally requiring performance of
service of less than six hundred (600) hours during a year who:
(A)
were hired before July 1, 1982; or
(B)
are employed by a participating school corporation.
(3)
Independent contractors or officers or employees paid wholly on a fee
basis.
(4)
Employees who occupy positions that are covered by other pension or
retirement funds or plans, maintained in whole or in part by
appropriations by the state or a political subdivision,
except:
(A)
the federal Social Security program; and
(B)
the prosecuting attorneys retirement fund established by
IC 33-39-7-9.
(5)
Managers or employees
of a license
branch of the
bureau of motor
vehicles commission, except
those persons who
may be included as
members under
IC 9-16-4.
(6)
(5) Employees, except employees of a participating school
corporation, hired after June 30, 1982, occupying positions normally
requiring performance of service of less than one thousand (1,000)
hours during a year.
(7)
(6) Persons who:
(A)
are employed by the state;
(B)
have been classified as federal employees by the Secretary of
Agriculture of the United States; and
(C)
are covered by the federal Social Security program as federal
employees under 42 U.S.C. 410.
(8)
(7) Members and employees of the state lottery commission.
SOURCE: IC 5-14-3-2; (07)HB1262.1.16.
--> SECTION 16. IC 5-14-3-2, AS
AMENDED BY P.L.1-2006, SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The definitions set forth in
this section apply throughout this chapter.
(b)
"Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored
data onto a disk, tape, drum, or any other medium of electronic data
storage, and reproducing by any other means.
(c)
"Direct cost" means one hundred five percent (105%) of the
sum of the cost of:
(1)
the initial development of a program, if any;
(2)
the labor required to retrieve electronically stored data;
and
(3) any medium
used for electronic output;
for providing a duplicate of
electronically stored data onto a disk, tape, drum, or other medium
of electronic data retrieval under section 8(g) of this chapter, or
for reprogramming a computer system under section 6(c) of this
chapter.
(d) "Electronic map" means
copyrighted data provided by a public agency from an electronic
geographic information system.
(e)
"Enhanced access" means the inspection of a public record
by a person other than a governmental entity and that:
(1)
is by means of an electronic device other than an electronic device
provided by a public agency in the office of the public agency;
or
(2) requires
the compilation or creation of a list or report that does not result
in the permanent electronic storage of the information.
(f)
"Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone
network.
(g) "Inspect" includes
the right to do the following:
(1)
Manually transcribe and make notes, abstracts, or
memoranda.
(2) In
the case of tape recordings or other aural public records, to listen
and manually transcribe or duplicate, or make notes, abstracts, or
other memoranda from them.
(3)
In the case of public records available:
(A)
by enhanced access under section 3.5 of this chapter;
or
(B)
to a governmental entity under section 3(c)(2) of this
chapter;
to
examine and copy the public records by use of an electronic
device.
(4) In the
case of electronically stored data, to manually transcribe and make
notes, abstracts, or memoranda or to duplicate the data onto a disk,
tape, drum, or any other medium of electronic storage.
(h)
"Investigatory record" means information compiled in the
course of the investigation of a crime.
(i)
"Patient" has the meaning set out in
IC 16-18-2-272(d).
(j) "Person"
means an individual, a corporation, a limited liability company, a
partnership, an unincorporated association, or a governmental
entity.
(k) "Provider" has the
meaning set out in IC 16-18-2-295(a)
IC 16-18-2-295(b) and includes employees of the state
department of health or local boards of health who create patient
records at the request of another provider or who are social workers
and create records concerning the family background of children who
may need assistance.
(l) "Public
agency" means the following:
(1)
Any board, commission, department, division, bureau, committee,
agency, office, instrumentality, or authority, by whatever name
designated, exercising any part of the executive,
administrative, judicial, or legislative power of the
state.
(2)
Any:
(A)
county, township, school corporation, city, or town, or any board,
commission, department, division, bureau, committee, office,
instrumentality, or authority of any county, township, school
corporation, city, or town;
(B)
political subdivision (as defined by IC 36-1-2-13);
or
(C)
other entity, or any office thereof, by whatever name designated,
exercising in a limited geographical area the executive,
administrative, judicial, or legislative power of the state or a
delegated local governmental power.
(3)
Any entity or office that is subject to:
(A)
budget review by either the department of local government finance or
the governing body of a county, city, town, township, or school
corporation; or
(B)
an audit by the state board of accounts.
(4)
Any building corporation of a political subdivision that issues bonds
for the purpose of constructing public facilities.
(5)
Any advisory commission, committee, or body created by statute,
ordinance, or executive order to advise the governing body of a
public agency, except medical staffs or the committees of any such
staff.
(6) Any law
enforcement agency, which means an agency or a department of any
level of government that engages in the investigation, apprehension,
arrest, or prosecution of alleged criminal offenders, such as the
state police department, the police or sheriff's department of a
political subdivision, prosecuting attorneys, members of the excise
police division of the alcohol and tobacco commission, conservation
officers of the department of natural resources, gaming agents of the
Indiana gaming commission, and the security division of the state
lottery commission.
(7)
Any license branch
staffed by employees
of the bureau of
motor vehicles commission
under IC 9-16.
(8)
(7) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the
commission.
(9)
(8) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the
commission.
(10)
(9) The Indiana horse racing commission established by
IC 4-31, including any department, division, or office of the
commission.
(m) "Public
record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(n)
"Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or
eight and one-half (8 1/2) inches by fourteen (14) inches.
(o)
"Trade secret" has the meaning set forth in
IC 24-2-3-2.
(p) "Work product
of an attorney" means information compiled by an attorney in
reasonable anticipation of litigation. The term includes the
attorney's:
(1)
notes and statements taken during interviews of prospective
witnesses; and
(2)
legal research or records, correspondence, reports, or memoranda to
the extent that each contains the attorney's opinions, theories, or
conclusions.
This definition does not restrict the application of
any exception under section 4 of this chapter.
SOURCE: IC 6-1.1-10-2; (07)HB1262.1.17.
--> SECTION 17. IC 6-1.1-10-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Except
as otherwise provided by law, the property owned by this state or
a state agency or the bureau
of motor vehicles
commission is exempt from property taxation.
SOURCE: IC 6-1.1-11-4; (07)HB1262.1.18. --> SECTION
18. IC 6-1.1-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4. (a) The exemption application referred to in
section 3 of this chapter is not required if the exempt property is
owned by the United States, the state, an agency of this state, or a
political subdivision (as defined in IC 36-1-2-13). However,
this subsection applies only when the property is used, and in the
case of real property occupied, by the owner.
(b)
The exemption application referred to in section 3 of this chapter is
not required if the exempt property is a cemetery:
(1)
described by IC 6-1.1-2-7; or
(2)
maintained by a township executive under IC 23-14-68.
(c)
The exemption application
referred to in
section 3 of this
chapter is not
required if the
exempt property is
owned by the
bureau of motor
vehicles commission established
under IC 9-15-1.
(d)
(c) The exemption application referred to in section 3 of this
chapter is not required if:
(1)
the exempt property is:
(A)
tangible property used for religious purposes described in
IC 6-1.1-10-21; or
(B)
tangible property owned by a church or religious society used for
educational purposes described in IC 6-1.1-10-16;
and
(2) the
exemption application referred to in section 3 of this chapter was
filed properly at least once after the property was designated for a
religious use as described in IC 6-1.1-10-21 or an educational
use as described in IC 6-1.1-10-16.
However, if title to any
of the real property subject to the exemption changes or any of the
tangible property subject to the exemption is used for a nonexempt
purpose after the date of the last properly filed exemption
application, this subsection does not apply.
SOURCE: IC 6-6-5-7; (07)HB1262.1.19. --> SECTION
19. IC 6-6-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 7. (a) In respect to a vehicle that has been acquired, or
brought into the state, or for any other reason becomes subject to
registration after the regular annual registration date in the year
on or before which the owner of the vehicle is required, under the
motor vehicle registration laws of Indiana, to register vehicles, the
tax imposed by this chapter shall become due and payable at the time
the vehicle is acquired, brought into the state, or otherwise becomes
subject to registration and the amount of tax to be paid by the owner
for the remainder of the year shall be reduced by ten percent (10%)
for each full calendar month that has elapsed since the regular
annual registration date in the year fixed by the motor vehicle
registration laws for annual registration by the owner. The tax shall
be paid at the time of the registration of the vehicle.
(b)
In the case of a vehicle that is acquired, or brought into the state,
or for any other reason becomes subject to registration after January
1 of any year, then the owner may pay the applicable registration fee
on the vehicle as provided in the motor vehicle registration laws and
any excise tax due on the vehicle for the remainder of the annual
registration year and simultaneously register the vehicle and pay the
applicable registration fee and the excise tax due for the next
succeeding annual registration year.
(c)
Except as provided in subsection (f), no reduction in the applicable
annual excise tax will be allowed to an Indiana resident applicant
upon registration of any vehicle that was owned by the applicant on
or prior to the registrant's annual registration period. A vehicle
owned by an Indiana resident applicant that was located in and
registered for use in another state during the same calendar year
shall
be entitled to the same reduction when registered in
Indiana.
(d) The owner of a vehicle who
sells the vehicle in a year in which the owner has paid the tax
imposed by this chapter, shall receive a credit equal to the
remainder of:
(1)
the tax paid for the vehicle; reduced by
(2)
ten percent (10%) for each full or partial calendar month that has
elapsed in the registrant's annual registration year before the date
of the sale.
The credit shall be applied to the tax due on any
other vehicle purchased or subsequently registered by the owner in
the same registrant's annual registration year. If the credit is not
fully used and the amount of the credit remaining is at least four
dollars ($4), the owner is entitled to a refund in the amount of the
unused credit. The owner must pay a fee of three dollars ($3) to the
bureau to cover costs of providing the refund, which may be deducted
from the refund. The bureau shall issue the refund. The
bureau shall transfer
to the bureau of
motor vehicles commission
three dollars ($3)
of the fee to
cover the commission's
costs in processing
the refund. To claim the credit and
refund provided by this subsection, the owner of the vehicle must
present to the bureau proof of sale of the vehicle.
(e)
Subject to the requirements of subsection (g), the owner of a vehicle
that is destroyed in a year in which the owner has paid the tax
imposed by this chapter, which vehicle is not replaced by a
replacement vehicle for which a credit is issued under this section,
shall receive a refund in an amount equal to ten percent (10%) of the
tax paid for each full calendar month remaining in the registrant's
annual registration year after the date of destruction, but only upon
presentation or return to the bureau of the following:
(1)
A request for refund on a form furnished by the bureau.
(2)
A statement of proof of destruction on an affidavit furnished by the
bureau.
(3) The
license plate from the vehicle.
(4)
The registration from the vehicle.
However, the refund may not
exceed ninety percent (90%) of the tax paid on the destroyed vehicle.
The amount shall be refunded by a warrant issued by the auditor of
the county that received the excise tax revenue and shall be paid out
of the special account created for settlement of the excise tax
collections under IC 6-6-5-10. For purposes of this subsection,
a vehicle is considered destroyed if the cost of repair of damages
suffered by the vehicle exceeds the vehicle's fair market
value.
(f) If the name of the owner of a
vehicle is legally changed and the
change has caused a change in the owner's annual registration
date, the excise tax liability of the owner shall be adjusted as
follows:
(1) If
the name change requires the owner to register sooner than the owner
would have been required to register if there had been no name
change, the owner shall, at the time the name change is reported, be
authorized a refund from the county treasurer in the amount of the
product of:
(A)
ten percent (10%) of the owner's last preceding annual excise tax
liability; and
(B)
the number of full calendar months between the owner's new regular
annual registration month and the next succeeding regular annual
registration month that is based on the owner's former
name.
(2) If the
name change required the owner to register later than the owner would
have been required to register if there had been no name change, the
vehicle shall be subject to excise tax for the period between the
month in which the owner would have been required to register if
there had been no name change and the new regular annual registration
month in the amount of the product of:
(A)
ten percent (10%) of the owner's excise tax liability computed as of
the time the owner would have been required to register if there had
been no name change; and
(B)
the number of full calendar months between the month in which the
owner would have been required to register if there had been no name
change and the owner's new regular annual registration month.
(g)
In order to claim a credit under subsection (e) for a vehicle that is
destroyed, the owner of the vehicle must present to the bureau of
motor vehicles a valid registration for the vehicle within ninety
(90) days of the date that it was destroyed. The bureau shall then
fix the amount of the credit that the owner is entitled to
receive.
SOURCE: IC 6-6-11-29; (07)HB1262.1.20. --> SECTION
20. IC 6-6-11-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 29. (a) The auditor of state shall transfer the
department of natural resources fee, the lake and river enhancement
fee, the delinquent excise taxes, and the delinquent fees collected
under this chapter during the preceding month as follows:
(1)
On or before the eleventh day of each month, the auditor of state
shall transfer to the state license branch fund an amount equal to
five percent (5%) of each excise tax transaction completed by the
bureau. The money is to be used to cover the expenses incurred by the
bureau of motor vehicles and the license
branches for returns, decals, collecting the fees and excise taxes
and to cover any service charges by the
commission under IC 9-29-3. An additional
charge may not be imposed for the services of the license branches
under this chapter.
(2)
At least quarterly, the auditor of state shall set aside for the
department of natural resources the fees and the delinquent fees
collected under this chapter to use as provided in section 35 of this
chapter.
(3) On or
before the tenth day of each month, the auditor of state shall
distribute to each county the excise tax collections, including
delinquent tax collections, for the county for the preceding month.
The auditor shall include a report with each distribution showing the
information necessary for the county auditor to allocate the revenue
among the taxing units of the county.
(4)
The auditor of state shall deposit the revenue from the lake and
river enhancement fee imposed by section 12(b) of this chapter in the
lake and river enhancement fund established by section 12.5 of this
chapter.
(b) Money credited to each
county's account in the state general fund is appropriated to make
the distributions and the transfers required by subsection (a). The
distributions shall be made upon warrants drawn from the state
general fund.
SOURCE: IC 9-13-2-154; (07)HB1262.1.21.
--> SECTION 21. IC 9-13-2-154 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 154.
"Restricted license" means any current driving license, on
which the commission bureau has designated
restrictions.
SOURCE: IC 9-14-1-2; (07)HB1262.1.22.
--> SECTION 22. IC 9-14-1-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a)
The governor secretary of state, by virtue of
office, is the commissioner of the bureau of motor vehicles.
(b)
The secretary of state, as commissioner, shall appoint
a commissioner to
administer the bureau. The commissioner
serves at the
pleasure of the
governor. Subject to
IC 4-12-1-13, the
governor shall fix
the salary of the
commissioner at the
time of appointment.
SOURCE: IC 9-14-3-5; (07)HB1262.1.23. --> SECTION
23. IC 9-14-3-5, AS AMENDED BY P.L.210-2005, SECTION 16, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a)
Except as provided in subsection (b), (d), or (e), the bureau shall
prepare and deliver information on titles, registrations, and
licenses and permits upon the request of any person. All requests
must be:
(1)
submitted in writing; or
(2)
made electronically through the computer gateway
administered by the intelenet commission under IC 5-21;
to
the bureau and, unless exempted under IC 9-29, must be
accompanied by the payment of the fee prescribed in
IC 9-29-2-2.
(b) The bureau shall not
disclose:
(1) the
Social Security number;
(2)
the federal identification number;
(3)
the driver's license number;
(4)
the digital image of the driver's license applicant;
(5)
a reproduction of the signature secured under IC 9-24-9-1 or
IC 9-24-16-3; or
(6)
medical or disability information;
of any person except as
provided in subsection (c).
(c) The bureau
may disclose any information listed in subsection (b):
(1)
to a law enforcement officer;
(2)
to an agent or a designee of the department of state
revenue;
(3) for
uses permitted under IC 9-14-3.5-10(1), IC 9-14-3.5-10(4),
IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
(4)
for voter registration and election purposes required under IC 3-7
or IC 9-24-2.5.
(d) As provided under
42 U.S.C. 1973gg-3(b), the commission bureau
may not disclose any information concerning the failure of an
applicant for a motor vehicle driver's license to sign a voter
registration application, except as authorized under
IC 3-7-14.
(e) The commission
bureau may not disclose any information concerning the failure
of an applicant for a title, registration, license, or permit (other
than a motor vehicle license described under subsection (d)) to sign
a voter registration application, except as authorized under
IC 3-7-14.
SOURCE: IC 9-14-3-6; (07)HB1262.1.24. --> SECTION
24. IC 9-14-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 6. (a) Upon the submission to the bureau of a specific
written request from an individual or organization for a compilation
of specific information requested for the purposes described in
subsection (c), the bureau may contract with the individual or
organization to compile the requested information from the records of
the bureau.
(b) The bureau may charge an
amount agreeable to the parties, as described in IC 9-29-2-3.
(c)
An individual or organization making a request under this section
must certify one (1) of the following:
(1)
That the information is required for the purposes of notifying
vehicle owners of vehicle defects and recall for modifications,
and that the individual or organization will use the information
provided only for that purpose.
(2)
That the information will be used only for research or statistical
reporting purposes and that individual identities will be properly
protected in the preparation of the research or reports and not
ascertainable from the published reports or research
results.
(3) That
the information will be used for the purpose of documenting the sale
of motor vehicles in Indiana.
(4)
That the information will be used for purposes of the federal
Selective Service System.
(5)
That the information will be used solely for law enforcement purposes
by police officers.
(d) The commission
bureau may not compile or release information concerning voter
registration under this section.
(e) The
bureau shall provide the requested information under this section in
a format that is agreeable to the parties, including the following
formats:
(1)
Printed records.
(2)
Microfiche.
(3)
Computer disk.
SOURCE: IC 9-14-3.5-7; (07)HB1262.1.25.
--> SECTION 25. IC 9-14-3.5-7, AS
AMENDED BY P.L.1-2006, SECTION 158, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) Except as provided in sections
8 and 10 of this chapter:
(1)
an officer or employee of the bureau; or
(2)
an officer or
employee of the
bureau of motor
vehicles commission; or
(3)
(2) a contractor of the bureau or the
bureau of motor
vehicles commission (or an officer
or employee of the contractor);
may not knowingly disclose
personal information about a person obtained by the bureau in
connection with a motor vehicle record.
(b)
A person's Social Security number shall not be in any way disclosed
on a motor vehicle registration.
SOURCE: IC 9-16-1-1; (07)HB1262.1.26.
--> SECTION 26. IC 9-16-1-1 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a)
As used in this chapter, "qualified person" means any of
the following:
(1)
A motor club that is any of the following:
(A)
A domestic corporation.
(B)
A foreign corporation qualified to transact business in Indiana under
IC 23-1 or IC 23-17.
(2)
A financial institution (as defined in IC 28-1-1-3).
(3)
A new motor vehicle dealer licensed under IC 9-23-2.
(4)
Other persons, including persons licensed under IC 9-23-2 that
are not covered by subdivision (3), that the commission
commissioner determines can meet the standards adopted by the
commission commissioner under IC 9-15-2-1(7)
subsection (b) and the requirements for partial service
contractors under section 4.5 of this chapter.
(b) The commissioner shall establish and adopt minimum standards
for the operation and maintenance of each partial service contractor
under this article. The standards must result in more convenience to
the public by providing license branch services at as many walk-up
locations as possible without increasing the cost of providing these
services.
SOURCE: IC 9-16-1-2; (07)HB1262.1.27.
--> SECTION 27. IC 9-16-1-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The
commission commissioner shall operate or be
responsible for the administration of all license branches in Indiana
under this article.
SOURCE: IC 9-16-1-3; (07)HB1262.1.28.
--> SECTION 28. IC 9-16-1-3 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a)
License branches have all the powers and duties assigned to license
branches by statute and by the commissioner.
(b)
The commissioner shall assign to license branches those functions
that:
(1) the
commission or the
bureau is legally required or authorized to perform; and
(2)
cannot be adequately performed by the commission
or the bureau without assistance from the license
branches.
SOURCE: IC 9-16-1-4; (07)HB1262.1.29.
--> SECTION 29. IC 9-16-1-4 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The
commission commissioner may contract with a
qualified person for:
(1)
the operation of a full service license branch under this section;
or
(2) providing
the provision of partial services under section 4.5 of this
chapter.
(b) A contract for the operation
of a full service license branch must include the following
provisions:
(1)
The contractor shall provide a full service license branch, including
the following services:
(A)
Vehicle titles.
(B)
Vehicle registration.
(C)
Driver's licenses.
(D)
Voter registration as provided in IC 3-7.
(2)
The contractor shall provide trained personnel to properly process
branch transactions.
(3)
The contractor shall do the following:
(A)
Collect and transmit all bureau fees and taxes collected at the
license branch.
(B)
Deposit the taxes collected at the license branch with the county
treasurer in the manner prescribed by IC 6-3.5 or
IC 6-6-5.
(4)
The contractor shall generate a transaction volume sufficient to
justify the installation of bureau support systems.
(5)
The contractor shall provide fidelity bond coverage in an amount
prescribed by the commission.
commissioner.
(6)
The contractor may operate the license branch within a facility used
for other purposes.
(7)
The contractor shall pay the cost of any post audits conducted by the
commission or the
state board of accounts on an actual cost basis.
(8)
The commission bureau shall provide support
systems and driver's license examiners on the same basis as state
operated branches.
(9)
The commission bureau shall provide the same
equipment to contractors as is provided to state operated
branches.
(10) The
commission commissioner must approve each
location and physical facility based upon criteria developed by the
commission. commissioner.
(11)
The term of the contract must be for a fixed period.
(12)
The contractor shall agree to provide voter registration services and
to perform the same duties imposed on the commission
bureau under IC 3-7.
SOURCE: IC 9-16-1-4.5; (07)HB1262.1.30. --> SECTION
30. IC 9-16-1-4.5, AS AMENDED BY P.L.210-2005, SECTION 18, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a)
The commission commissioner may contract with
a qualified person to provide partial services at a qualified
person's location, including locations within a facility used for
other purposes, such as electronic titling and title application
services and self-serve terminal access.
(b)
A contract for providing motor vehicle registration and renewal
services at a location must include the following
provisions:
(1)
The contractor must provide trained personnel to properly process
motor vehicle registration and renewal transactions.
(2)
The contractor shall do the following:
(A)
Collect and transmit all bureau fees and taxes collected at
the contract location.
(B)
Deposit the taxes collected at the contract location with the county
treasurer in the manner prescribed by IC 6-3.5 or
IC 6-6-5.
(3)
The contractor shall provide fidelity bond coverage in an amount
prescribed by the commission.
commissioner.
(4)
The contractor shall pay the cost of any post audits conducted by the
commission or the
state board of accounts on an actual cost basis.
(5)
The commission commissioner must approve each
location and physical facility used by a contractor.
(6)
The term of the contract must be for a fixed period.
SOURCE: IC 9-16-1-7; (07)HB1262.1.31.
--> SECTION 31. IC 9-16-1-7, AS
AMENDED BY P.L.156-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) This section does not apply to
a license branch in a county if there are no precincts in the county
in which an election is held on election day.
(b)
On each general, municipal, primary, and special election day (as
defined in IC 3-5-2-18), all license branches that provide state
identification cards must remain open from 6:00 a.m., local time, to
6:00 p.m., local time, solely for the purpose of issuing driver's
licenses and state identification cards under IC 9-24.
(c)
On the day before each general, municipal, primary, and special
election day (as defined in IC 3-5-2-18), all license branches
that provide state identification cards must remain open from 8:30
a.m., local time, to 8:00 p.m., local time, solely for the purpose of
issuing driver's licenses and state identification cards under
IC 9-24.
(d) The commission
commissioner shall:
(1)
designate another day as time off; or
(2)
authorize overtime pay;
for license branch personnel required to
work on an election day.
SOURCE: IC 9-16-2-2; (07)HB1262.1.32.
--> SECTION 32. IC 9-16-2-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Subject
to the approval of
the commission, The bureau may
request the necessary office space, storage space, and parking
facilities for each license branch operated by the commission
bureau from the Indiana department of administration as
provided in IC 4-20.5-5-5.
SOURCE: IC 9-16-3-1; (07)HB1262.1.33.
--> SECTION 33. IC 9-16-3-1 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. The
manager of each license branch that is staffed by commission
bureau employees shall prepare and submit a proposed operating
budget for that license branch to the commissioner before August 1 of
each year.
SOURCE:
IC 9-16-3-2; (07)HB1262.1.34. --> SECTION
34. IC 9-16-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 2. Based on the proposed budgets from each of the license
branches, the commission bureau shall develop
a statewide license branch budget. If the commission
commissioner determines that the total of:
(1)
revenues from license branch operations; and
(2)
appropriations received by the commission;
bureau;
are insufficient to support license branch
operations, the commission commissioner shall
increase the branch service charges under IC 9-29-3.
SOURCE: IC 9-16-3-3; (07)HB1262.1.35.
--> SECTION 35. IC 9-16-3-3 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. On or
before September 1 of each even-numbered year, the commission
commissioner shall submit to the budget agency a proposed
budget. The commission commissioner shall
include, at a minimum, the following information on a county by
county basis:
(1)
Total estimated revenue by source.
(2)
Total estimated expenditures for salaries and fringe
benefits.
(3)
Total estimated expenditures for other personal services.
(4)
Total estimated expenditures for nonpersonal services.
(5)
Total estimated expenditures for contractual services.
(6)
Total estimated expenditures for supplies and materials.
(7)
All other estimated expenditures.
(8)
The number of full-time and part-time employees.
(9)
Other information the budget agency requires.
SOURCE: IC 9-16-7-2; (07)HB1262.1.36.
--> SECTION 36. IC 9-16-7-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The
commission bureau shall offer voter
registration services under this chapter, in addition to providing a
voter registration application as a part of an application for a
motor vehicle driver's license, permit, or identification card under
IC 9-24-2.5 and 42 U.S.C. 1973gg-3.
SOURCE: IC 9-16-7-4; (07)HB1262.1.37.
--> SECTION 37. IC 9-16-7-4 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. The
registration forms provided under section 3 of this chapter must
be:
(1) prescribed
by the Indiana election commission to permit the NVRA official to
fulfill the NVRA official's reporting duties under 42 U.S.C.
1973gg-7(a)(3) and IC 3-7-11-2; and
(2)
placed in an easily accessible location within the branch, so that
members of the public may obtain the forms without further assistance
from the commission. bureau.
SOURCE: IC 9-18-2-1; (07)HB1262.1.38. --> SECTION 38. IC 9-18-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Within sixty (60)
days of becoming an Indiana resident, a person must register all
motor vehicles owned by the person that:
(1)
are subject to the motor vehicle excise tax under IC 6-6-5;
and
(2) will be
operated in Indiana.
(b) Within sixty (60)
days after becoming an Indiana resident, a person must register all
commercial vehicles owned by the person that:
(1)
are subject to the commercial vehicle excise tax under
IC 6-6-5.5;
(2)
are not subject to proportional registration under the International
Registration Plan; and
(3)
will be operated in Indiana.
(c) A person
must produce evidence concerning the date on which the person became
an Indiana resident.
(d) Except as
provided in subsection (e), an Indiana resident must register all
motor vehicles operated in Indiana.
(e) An
Indiana resident who has a legal residence in a state that is not
contiguous to Indiana may operate a motor vehicle in Indiana for not
more than sixty (60) days without registering the motor vehicle in
Indiana.
(f) An Indiana resident who has
registered a motor vehicle in Indiana in any previous registration
year is not required to register the motor vehicle, is not required
to pay motor vehicle excise tax under IC 6-6-5 or the commercial
vehicle excise tax under IC 6-6-5.5 on the motor vehicle, and is
exempt from property tax on the motor vehicle for any registration
year in which:
(1)
the Indiana resident is:
(A)
an active member of the armed forces of the United States;
and
(B)
assigned to a duty station outside Indiana; and
(2)
the motor vehicle is not operated inside or outside Indiana.
This
subsection may not be construed as granting the bureau authority to
require the registration of any vehicle that is not operated in
Indiana.
(g) When an Indiana resident
registers a motor vehicle in Indiana after the period of exemption
described in subsection (f), the Indiana resident may submit an
affidavit that:
(1)
states facts demonstrating that the motor vehicle is a motor vehicle
described in subsection (e); and
(2)
is signed by the owner of the motor vehicle under penalties of
perjury;
as sufficient proof that the owner of the motor vehicle
is not required to register the motor vehicle during a registration
year described in subsection (f). The commission or
bureau may not require the Indiana
resident to pay any civil penalty or any reinstatement or other fee that is not also charged to other motor vehicles being registered in the same registration year.
SOURCE: IC 9-18-29-4; (07)HB1262.1.39.
--> SECTION 39. IC 9-18-29-4 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The
fee for an environmental license plate is as follows:
(1)
The appropriate fee under IC 9-29-5-38.
(2)
An annual fee of twenty-five dollars ($25).
(b)
The annual fee referred to in subsection (a)(2) shall be collected by
the bureau. of motor vehicles
commission.
SOURCE: IC 9-18-30-4; (07)HB1262.1.40.
--> SECTION 40. IC 9-18-30-4 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The
fee for a kids first trust license plate is as follows:
(1)
The appropriate fee under IC 9-29-5-38.
(2)
An annual fee of twenty-five dollars ($25).
(b)
The annual fee referred to in subsection (a)(2) shall be collected by
the commission. bureau.
SOURCE: IC 9-24-1-1.5; (07)HB1262.1.41.
--> SECTION 41. IC 9-24-1-1.5 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a)
This section applies
after December 31,
2005.
(b)
(a) The standards set forth in IC 3-5-5 to determine the
residence of an individual applying to become a voter apply to the
determination of the residence of an individual applying for a
license under this article.
(c)
(b) This section does not prevent the commission
bureau from issuing a license under this article to an
individual who is:
(1)
not required by this article to reside in Indiana to receive the
license; and
(2)
otherwise qualified to receive the license.
SOURCE: IC 9-24-2.5-1; (07)HB1262.1.42.
--> SECTION 42. IC 9-24-2.5-1 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This
chapter prescribes the procedures to be followed by the commission
bureau in processing voter registration applications under 42
U.S.C. 1973gg-3 and IC 3-7-14.
SOURCE: IC 9-24-2.5-2; (07)HB1262.1.43. --> SECTION
43. IC 9-24-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 2. The manager of each license branch may designate an
employee of the license branch as the individual responsible for
performing the voter registration duties of the commission
bureau under this chapter at that license branch. The employee
designated under this section shall supervise the registration of
voters by other employees of the license branch and shall perform any
other registration duty required to be performed by the license
branch under this chapter. Notwithstanding this designation, any employee of the license branch may perform registration duties in accordance with this chapter.
SOURCE: IC 9-24-2.5-3; (07)HB1262.1.44.
--> SECTION 44. IC 9-24-2.5-3 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. If the
manager does not designate an employee under section 2 of this
chapter, the manager is the individual responsible for performing the
voter registration duties of the commission bureau
under this chapter at that license branch. The manager shall
supervise the registration of voters by other employees of the
license branch and shall perform any other registration duty required
to be performed by the license branch under this chapter.
Notwithstanding the designation of the manager under this section,
any employee of the license branch may perform registration duties in
accordance with this chapter.
SOURCE: IC 9-24-2.5-8; (07)HB1262.1.45.
--> SECTION 45. IC 9-24-2.5-8 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The
co-directors of the election division shall provide the commission
bureau with a list of the current addresses and telephone
numbers of the offices of the circuit court clerk or board of
registration in each county. The commission bureau
shall promptly forward the list and each revision of the list to each
license branch.
(b) The co-directors of
the election division shall provide the commission
bureau with pre-addressed packets for the commission
bureau to transmit applications under section 6(1) or 6(2) of
this chapter.
SOURCE: IC 9-24-2.5-10;
(07)HB1262.1.46. --> SECTION 46.
IC 9-24-2.5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 10. The co-directors of the election division shall
notify the commission bureau of the
following:
(1) The
scheduled date of each primary, general, municipal, and special
election.
(2) The
jurisdiction in which the election will be held.
(3)
The date when registration ceases under IC 3-7-13-10 before each
primary, general, municipal, and special election.
SOURCE: IC 9-24-2.5-11;
(07)HB1262.1.47. --> SECTION 47.
IC 9-24-2.5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 11. The commission bureau shall
provide the co-directors of the election division with a list stating
the following:
(1)
The address and telephone number of each license branch.
(2)
The name of the manager of the license branch and any employee
designated by the manager to be responsible for performing voter
registration duties under this chapter.
SOURCE:
IC 9-24-2.5-12; (07)HB1262.1.48. --> SECTION
48. IC 9-24-2.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 12. As required under 42 U.S.C. 15483, the secretary
of state (with the consent of the co-directors of the election
division) and the commission bureau shall
enter into an agreement to match information in the computerized list
established under IC 3-7-26.3 with information in the data base
of the commission bureau to enable the
election division and the commission bureau
to verify the accuracy of the information provided on voter
registration applications.
SOURCE: IC 9-24-2.5-13;
(07)HB1262.1.49. --> SECTION 49.
IC 9-24-2.5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 13. (a) As required under 42 U.S.C. 15483, the commission
bureau shall enter into an agreement with the Commissioner of
Social Security under 42 U.S.C. 405(r)(8)(A) to verify information
set forth on voter registration applications.
(b)
The information subject to verification under this section is the
following:
(1)
Whether the name (including the first name and any family forename or
surname), date of birth (including month, day, and year), and Social
Security number of an individual provided to the Commissioner of
Social Security match the information contained in the Commissioner's
records.
(2)
Whether the individual is shown in the records of the Commissioner of
Social Security as deceased.
(c) The
agreement under subsection (b) must comply with 42 U.S.C. 15481 and
IC 3-7-26.3.
SOURCE: IC 9-24-10-7.5;
(07)HB1262.1.50. --> SECTION 50.
IC 9-24-10-7.5, AS ADDED BY P.L.210-2005, SECTION 41, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7.5. A physician
licensed to practice medicine under IC 25-22.5, an optometrist
licensed to practice optometry under IC 25-24, or an advanced
practice nurse licensed under IC 25-23 who has personally
examined the patient not more than thirty (30) days before making a
report concerning the patient's fitness to operate a motor vehicle is
not civilly or criminally liable for a report made in good faith to
the:
(1)
bureau;
(2)
commission; or
(3)
(2) driver licensing medical advisory board;
concerning the
fitness of a patient of the physician, optometrist, or advanced
practice nurse to operate a motor vehicle in a manner that does not
jeopardize the safety of individuals or property.
SOURCE: IC 9-29-1-2; (07)HB1262.1.51. --> SECTION 51. IC 9-29-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Money from the
increases in fees levied by the 1969 regular session of the general
assembly in IC 9-18-2, IC 9-18-5, IC 9-18-6,
IC 9-18-7, IC 9-18-9, IC 9-18-10, IC 9-18-16,
IC 9-24-3, IC 9-24-4, IC 9-24-5, IC 9-24-7,
IC 9-24-8, IC 9-24-10, IC 9-24-11, IC 9-24-12,
IC 9-24-13, IC 9-24-14, and IC 9-29-9-15 (IC 9-1-4
before its repeal on July 1, 1991) shall be deposited daily with the
treasurer of state and credited to the highway, road, and street fund
established under IC 8-14-2-2.1.
(b)
For the purpose of providing adequate and sufficient funds for the
crossroads 2000 fund established under IC 8-14-10-9, and subject
to subsection (c), after June 30, 1997, with the
approval of the
bureau of motor
vehicles commission the bureau of
motor vehicles may adopt rules under IC 4-22-2 to increase, by
an amount that is in addition to the fees specified by statute, the
fees under the following:
IC
9-29-4-3
IC
9-29-5
IC
9-29-9-1
IC
9-29-9-2
IC
9-29-9-3
IC
9-29-9-4
IC
9-29-9-5
IC
9-29-9-6
IC
9-29-9-7
IC
9-29-9-8
IC
9-29-9-9
IC
9-29-9-10
IC
9-29-9-11
IC
9-29-9-13
IC
9-29-9-14
IC
9-29-15-1
IC
9-29-15-2
IC
9-29-15-3
IC
9-29-15-4.
The amount of fees increased under this section shall
first be deposited into the crossroads 2000 fund established under
IC 8-14-10-9.
(c) The bureau's
authority to adopt rules under subsection (b) is subject to the
condition that a fee increase must be uniform throughout all license
branches and at all partial service locations in Indiana.
SOURCE: IC 9-29-3-19; (07)HB1262.1.52. --> SECTION 52. IC 9-29-3-19, AS AMENDED BY P.L.68-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 19. (a) As used in this section, "low numbered motor vehicle registration plate" means any motor vehicle registration
plate numbered from one (1) to one hundred (100) before or after
the county designation number or letter series designation, or
both.
(b) As used in this section, "pull
service charge" refers to the charge that the commission
bureau may require for a requested low numbered motor vehicle
registration plate or a special numbered motor vehicle registration
plate.
(c) As used in this section,
"special numbered motor vehicle registration plate" means
any plate, other than a low numbered motor vehicle registration
plate, requested for issuance out of its established numerical
sequence.
(d) Subject to subsections (e)
and (f), and with the
approval of the
commission, the bureau may adopt rules under
IC 4-22-2 to do the following:
(1)
Increase or decrease any of the service charges listed in sections 1
through 18 of this chapter.
(2)
Impose a service charge on any other license branch service that is
not listed in sections 1 through 18 of this chapter.
(3)
Increase or decrease a service charge imposed under subdivision
(2).
(e) The bureau's authority to adopt
rules under subsection (d) is subject to the condition that a service
charge must be uniform throughout all license branches and at all
partial service locations in Indiana.
(f)
The bureau may not impose a pull service charge for a requested
passenger motor vehicle registration plate containing the numbers set
forth in IC 9-18-2-28 for a motor vehicle:
(1)
issued a license plate under IC 9-18-17 that designates the
motor vehicle as being owned by a former prisoner of war or by the
surviving spouse of a former prisoner of war; or
(2)
after December 31,
2006, issued a license plate under IC 9-18-19
that designates the motor vehicle as being owned by a person who has
received a Purple Heart decoration.
(g)
The bureau may not impose a pull service charge of more than fifteen
dollars ($15) for a requested motor vehicle registration plate issued
under IC 9-18-25 for a special group recognition license plate
that commemorates the bicentennial of the Lewis and Clark
expedition.
SOURCE: IC 9-29-14-1; (07)HB1262.1.53.
--> SECTION 53. IC 9-29-14-1 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. The
state license branch fund is established for the purpose of paying
the expenses incurred in administering IC 9-16. The bureau
shall administer the fund. shall be
administered by the
commission.
SOURCE: IC 9-29-14-4; (07)HB1262.1.54. --> SECTION 54. IC 9-29-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. There is annually
appropriated to the commission bureau the
money in the fund for its use in carrying out the purposes of IC 9-16
subject to the approval of the budget agency.
SOURCE: IC 34-13-3-2; (07)HB1262.1.55.
--> SECTION 55. IC 34-13-3-2 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. This
chapter applies to a claim or suit in tort against any of the
following:
(1) A
member of the bureau of motor vehicles commission established under
IC 9-15-1-1 (before its repeal).
(2)
An employee of the bureau of motor vehicles commission who is
employed at a license branch under IC 9-16, except for an
employee employed at a license branch operated under a contract with
the commission or the bureau under IC 9-16.
SOURCE: IC 36-1-8-11; (07)HB1262.1.56. --> SECTION
56. IC 36-1-8-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 11. (a) This section does not apply to a county
treasurer governed by IC 36-2-10-23.
(b)
As used in this section, "credit card" means a:
(1)
credit card;
(2)
debit card;
(3)
charge card; or
(4)
stored value card.
(c) A payment to a
political subdivision or a municipally owned utility for any purpose
may be made by any of the following financial instruments that the
fiscal body of the political subdivision or the board of the
municipally owned utility authorizes for use:
(1)
Cash.
(2)
Check.
(3) Bank
draft.
(4) Money
order.
(5) Bank
card or credit card.
(6)
Electronic funds transfer.
(7)
Any other financial instrument authorized by the fiscal body.
(d)
If there is a charge to the political subdivision or municipally
owned utility for the use of a financial instrument, the political
subdivision or municipally owned utility may collect a sum equal to
the amount of the charge from the person who uses the financial
instrument.
(e) If authorized by the
fiscal body of the political subdivision or the board of the
municipally owned utility, the political subdivision or municipally
owned utility may accept payments under this section with a bank card
or credit card under the procedures set forth in this section.
However, the procedure authorized for a particular type of payment
must be uniformly applied to all payments of the same
type.
(f) The political subdivision or
municipally owned utility may contract with a bank card or credit
card vendor for acceptance of bank cards or credit cards.
(g)
The political subdivision or municipally owned utility may pay any
applicable bank card or credit card service charge associated with
the use of a bank card or credit card under this subsection.
(h)
The authorization of the fiscal body of the political subdivision is
not required by the bureau of motor vehicles or the
bureau of motor
vehicles commission to use
electronic funds transfer or other financial instruments to transfer
funds to the political subdivision.
SOURCE: IC 36-2-10-23; (07)HB1262.1.57.
--> SECTION 57. IC 36-2-10-23 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a)
Notwithstanding any other law, payments to the treasurer for any
purpose, including property tax payments, may be made by any of the
following financial instruments that the treasurer authorizes for
use:
(1)
Cash.
(2)
Check.
(3) Bank
draft.
(4) Money
order.
(5) Bank
card or credit card.
(6)
Electronic funds transfer.
(7)
Any other financial instrument authorized by the treasurer.
(b)
If there is a charge to the treasurer for the use of a financial
instrument other than a bank card or credit card, the treasurer shall
collect a sum equal to the amount of the charge from the person who
uses the financial instrument.
(c) A
treasurer may contract with a bank card or credit card vendor for
acceptance of bank or credit cards. However, if there is a vendor
transaction charge or discount fee, whether billed to the treasurer
or charged directly to the treasurer's account, the treasurer shall
collect from the person using the card an official fee that may not
exceed the highest transaction charge or discount fee charged to the
treasurer by bank or credit card vendors during the most recent
collection period. This fee may be collected regardless of retail
merchant agreements between the bank and credit card vendors that may
prohibit such a fee. The fee is a permitted additional charge under
IC 24-4.5-3-202.
(d) Notwithstanding
subsection (a), the authorization of the treasurer is not required
for the bureau of motor vehicles or the
bureau of motor
vehicles commission to use
electronic funds transfer or other financial instruments to transfer
funds to the county treasurer.
SOURCE: IC 9-13-2-32; IC 9-15; IC 9-16-2-4; IC 9-16-2-5; IC 9-16-
4.
; (07)HB1262.1.58. --> SECTION 58.
THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 9-13-2-32; IC 9-15; IC 9-16-2-4; IC 9-16-2-5; IC 9-16-4.
SOURCE: ; (07)HB1262.1.59. -->
SECTION 59. [EFFECTIVE JUNE 30, 2007] (a)
As used in this SECTION, "bureau" refers to the bureau of
motor vehicles created by IC 9-14-1-1.
(b)
As used in this SECTION, "commission" refers to the bureau
of motor vehicles commission established by IC 9-15-1-1 (before
its repeal by this act).
(c) On July 1,
2007, the commission is abolished and all powers, duties, and
functions adhering to the commission are transferred to the
bureau.
(d) On July 1, 2007,
the:
(1)
appropriations;
(2)
records; and
(3)
real and personal property;
of the commission are transferred to
the bureau.
(e) Any fund under the control
or supervision of the commission on June 30, 2007, is transferred to
the control or supervision of the bureau on July 1, 2007.
(f)
This SECTION expires July 1, 2008.
SOURCE: ; (07)HB1262.1.60. -->
SECTION 60. [EFFECTIVE JULY 1, 2007] (a)
The legislative services agency shall prepare legislation for
introduction in the 2008 regular session of the general assembly to
organize and correct statutes affected by the transfer of
responsibilities from the bureau of motor vehicles commission to the
bureau of motor vehicles by this act, including review of the
following statutes to determine whether changes are
necessary:
(1)
IC 9-13.
(2)
IC 9-14.
(3)
IC 9-15.
(4)
IC 9-16.
(5)
IC 9-17.
(6)
IC 9-18.
(7)
IC 9-19.
(8)
IC 9-20.
(9)
IC 9-21.
(10)
IC 9-22.
(11)
IC 9-23.
(12)
IC 9-24.
(13)
IC 9-25.
(14)
IC 9-26.
(15)
IC 9-27.
(16)
IC 9-28.
(17)
IC 9-29.
(18)
IC 9-30.
(19)
IC 9-31.
(20)
Any other statute requiring an amendment to conform to this
act.
(b) This SECTION expires June 30,
2008.