Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 117
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-23-2-2; (10)SE0117.1.1. -->
SECTION 1. IC 9-23-2-2, AS AMENDED BY P.L.147-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) An application for a license under this
chapter must:
(1) be accompanied by the fee required under IC 9-29-8;
(2) be on a form prescribed by the secretary of state;
(3) contain the information the secretary of state considers
necessary to enable the secretary of state to determine fully the
following information:
(A) The qualifications and eligibility of the applicant to
receive the license.
(B) The location of each of the applicant's places of business
in Indiana.
(C) The ability of the applicant to conduct properly the
business for which the application is submitted; and
(4) contain evidence of
the a bond required in subsection (e).
(b) An application for a license as a dealer must show whether the
applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or other computer
network in aid of its sale of motor vehicles to consumers in Indiana,
which activities may result in the creation of business records outside
Indiana, shall provide the division with the name, address, and
telephone number of the person who has control of those business
records. The secretary of state may not issue a license to a dealer who
transacts business in this manner who does not have an established
place of business in Indiana.
(d) This subsection applies to an application for a license as a dealer
in a city having a population of more than ninety thousand (90,000) but
less than one hundred five thousand (105,000). The application must
include an affidavit from:
(1) the person charged with enforcing a zoning ordinance
described in this subsection; or
(2) the zoning enforcement officer under IC 36-7-4, if one exists;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment. The
applicant may file the affidavit at any time after the filing of the
application. However, the secretary of state may not issue a license
until the applicant files the affidavit.
(e) This subsection does not apply to a person listed in the
categories set forth in section 1(a)(10) through 1(a)(12) of this
chapter and that was licensed under this chapter before July 1,
2009. A licensee shall maintain a bond satisfactory to the secretary of
state in the amount of twenty-five thousand dollars ($25,000), which
must:
(1) be in favor of the state; and
(2) secure payment of fines, penalties, costs, and fees assessed by
the secretary of state after notice, opportunity for a hearing, and
opportunity for judicial review, in addition to securing the
payment of damages to a person aggrieved by a violation of this
chapter by the licensee after a judgment has been issued.
(f) Service shall be made in accordance with the Indiana Rules of
Trial Procedure.