Bill Text: IN HB1441 | 2013 | Regular Session | Enrolled
Bill Title: Valuable metal and scrap vehicles.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-05-13 - Public Law 224 [HB1441 Detail]
Download: Indiana-2013-HB1441-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning motor vehicles.
(1) a certificate of authority for the vehicle that:
(A) is issued by the bureau under this chapter; and
(B) authorizes the scrapping or dismantling of the vehicle; or
(2) a certificate of title for the vehicle issued by the bureau under IC 9-17-3.
(1) violates section 18 of this chapter; or
(2) purchases or accepts a vehicle with intent to scrap or dismantle the vehicle without obtaining a certificate of authority described in section 18(1) of this chapter or a certificate of title issued by the bureau under IC 9-17-3 from the person who sells, gives away, or disposes of the vehicle;
commits a Class B misdemeanor.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 0.1. As used in this chapter,
"automotive salvage rebuilder" has the meaning set forth in
IC 9-13-2-9.
(1) The name and address of the valuable metal dealer.
(2) The date and place of each purchase.
(3) The name, address, age, and driver's license number or Social Security number of the person or persons from whom the valuable metal was purchased.
(4) The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The valuable metal dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:
(A) name of the government agency that issued the photographic identification; and
(B) identification number present on the government issued photographic identification.
(5) The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the valuable metal dealer.
(6) The price paid for the metal.
(7) A description and weight of the valuable metal purchased.
(8) The source of the valuable metal.
(9) The photograph described in subsection (b).
After entering the information required in this subsection, the valuable
metal dealer shall require the person or persons from whom the
valuable metal is purchased to sign the form and verify its accuracy.
(b) In addition to collecting the information described in subsection
(a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is being purchased;
and
(2) the valuable metal.
(c) In addition to the requirements of subsections (a) and (b), a
valuable metal dealer shall keep a copy of the:
(1) bill of sale or other written documentation submitted by a
person attempting to sell an air conditioner evaporator coil or
condenser under section 8(c) of this chapter; and
(2) written documentation produced by a person attempting
to sell a catalytic converter required by section 9(b) of this
chapter.
(c) (d) A valuable metal dealer shall make and retain a copy of the
government issued photographic identification described under
subsection (a)(4) used to verify the identity of the person from whom
valuable metal was purchased and the photograph described in
subsection (b). However, a valuable metal dealer is not required to
make a copy of a government issued photographic identification used
under subsection (a)(4) to verify the identity of the person from whom
valuable metal is purchased if the valuable metal dealer has retained a
copy of a person's government issued photographic identification from
a prior purchase from the person by the valuable metal dealer.
(d) (e) The completed form, the photograph described in subsection
(b), the copy of the bill of sale or other written documentation
required by subsection (c), and the copy of the government issued
photographic identification described in subsection (c) (d) shall be kept
in a separate book or register by the valuable metal dealer and shall be
retained for a period of two (2) years. This book or register shall be
made available for inspection by any law enforcement official at any
time.
(e) (f) A valuable metal dealer may not accept a damaged or an
undamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewery
manufacturer.
(2) The keg's identification markings have been made illegible.
(5) working days from the date of notification:
(1) at his the regular place of business of the valuable metal
dealer; and
(2) separate and apart, so that it is readily identifiable from all
other purchases.
During this period, a valuable metal dealer may not change the form
of the valuable metal and shall permit any law enforcement officer to
make inspection of the valuable metal purchased.
(b) A person that sells or attempts to sell valuable metal to a valuable metal dealer that fails to comply with this chapter commits a Class A infraction.
(1) is an authorized agent, representative, or employee of a heating, ventilation, or air conditioning contractor; or
(2) is engaged in the business of heating, ventilation, or air conditioning repair;
and who acquired the air conditioner evaporator coil or condenser in the performance of the business described in subdivision (1) or
(2).
(b) A person attempting to sell an air conditioner evaporator
coil or condenser under subsection (a) to a valuable metal dealer
must produce written documentation to the valuable metal dealer
that reasonably demonstrates that the person is an authorized
agent, representative, or employee of a heating, ventilation, or air
conditioning contractor or is engaged in the business of heating,
ventilation, or air conditioning repair.
(c) A valuable metal dealer may purchase an air conditioner
evaporator coil or condenser from a person who is not:
(1) an authorized agent, representative, or employee of a
heating, ventilation, or air conditioning contractor; or
(2) engaged in the business of heating, ventilation, or air
conditioning repair;
if the person attempting to sell an air conditioner evaporator coil
or condenser under this section provides the valuable metal dealer
a bill of sale or other written documentation for the unit or a
replacement unit that shows that the air conditioner evaporator
coil or condenser lawfully came into the possession of the person
attempting to sell the air conditioner evaporator coil or condenser
to the valuable metal dealer.
(d) A valuable metal dealer may purchase a window air
conditioning unit without restriction.
(b) Subsection (a) does not apply when the seller presents the valuable metal dealer with:
(1) a:
(A) certificate of title;
(B) certificate of registration;
(C) certificate of authority under IC 9-22-5; or
(D) receipt from a transaction of repair;
for the motor vehicle from which the catalytic converter was taken; or
(2) an affidavit executed by a law enforcement officer attesting to the officer's reasonable belief that the catalytic
converter lawfully came into the possession of the person
attempting to sell the catalytic converter.
(1) An entity licensed by the secretary of state under IC 9-22-4 as:
(A) an automotive salvage rebuilder;
(B) a disposal facility; or
(C) a used parts dealer.
(2) A valuable metal dealer.
(3) An automobile scrapyard (as defined by IC 9-13-2-8).
(4) A scrap metal processor (as defined by IC 9-13-2-162).
IC 9-14-3.5-15 (Concerning bureau of motor vehicles).
IC 9-14-5-9 (Concerning parking placards for persons with physical disabilities).
IC 9-17-2-15 (Concerning certificates of title).
IC 9-17-2-16 (Concerning certificates of title).
IC 9-17-3-3.2 (Concerning certificates of title).
IC 9-17-3-7 (Concerning certificates of title).
IC 9-17-4-6 (Concerning certificates of title).
IC 9-18-2-42 (Concerning motor vehicle registration and license plates).
IC 9-18-2-44 (Concerning motor vehicle registration and license plates).
IC 9-18-2-45 (Concerning motor vehicle registration and license plates).
IC 9-18-4-8 (Concerning motor vehicle registration and license plates).
IC 9-18-8-11 (Concerning motor vehicle registration and license plates).
IC 9-18-8-12 (Concerning motor vehicle registration and license plates).
IC 9-18-8-13 (Concerning motor vehicle registration and license plates).
IC 9-18-8-14 (Concerning motor vehicle registration and license
plates).
IC 9-18-8-15 (Concerning motor vehicle registration and license
plates).
IC 9-18-13-9 (Concerning motor vehicle registration and license
plates).
IC 9-18-22-6 (Concerning motor vehicle registration and license
plates).
IC 9-18-26-11 (Concerning motor vehicle registration and license
plates).
IC 9-18-26-13 (Concerning motor vehicle registration and license
plates).
IC 9-18-27-9 (Concerning motor vehicle registration and license
plates).
IC 9-19-9-5 (Concerning motor vehicle equipment).
IC 9-19-10.5-4 (Concerning motor vehicle equipment).
IC 9-19-10.5-5 (Concerning motor vehicle equipment).
IC 9-20-18-4 (Concerning motor vehicle size and weight
regulation).
IC 9-21-5-13 (Concerning traffic regulation).
IC 9-21-6-3 (Concerning traffic regulation).
IC 9-21-8-50 (Concerning traffic regulation).
IC 9-21-8-52 (Concerning traffic regulation).
IC 9-21-8-55 (Concerning traffic regulation).
IC 9-21-8-56 (Concerning traffic regulation).
IC 9-21-8-58 (Concerning traffic regulation).
IC 9-21-12-9 (Concerning traffic regulation).
IC 9-21-12-11 (Concerning traffic regulation).
IC 9-22-1-21.5 (Concerning liens for vehicles).
IC 9-22-3-31 (Concerning abandoned, salvaged, and scrap
vehicles).
IC 9-22-3-32 (Concerning abandoned, salvaged, and scrap
vehicles).
IC 9-22-3-33 (Concerning abandoned, salvaged, and scrap
vehicles).
IC 9-22-5-19 (Concerning scrapping and dismantling
vehicles).
IC 9-22-6-3 (Concerning mechanic's liens for vehicles).
IC 9-23-6-1 (Concerning vehicle manufacturers, distributors, and
dealers).
IC 9-24-1-8 (Concerning driver's licenses).
IC 9-24-6-16 (Concerning driver's licenses).
IC 9-24-6-17 (Concerning driver's licenses).
IC 9-24-11-8 (Concerning driver's licenses).
IC 9-24-15-11 (Concerning driver's licenses).
IC 9-24-16-12 (Concerning driver's licenses).
IC 9-24-16-13 (Concerning driver's licenses).
IC 9-24-18-1 (Concerning driver's licenses).
IC 9-24-18-2 (Concerning driver's licenses).
IC 9-24-18-7 (Concerning driver's licenses).
IC 9-24-19-2 (Concerning driver's licenses).
IC 9-24-19-3 (Concerning driver's licenses).
IC 9-24-19-4 (Concerning driver's licenses).
IC 9-25-6-18 (Concerning financial responsibility).
IC 9-25-8-2 (Concerning financial responsibility).
IC 9-26-1-8 (Concerning accidents and accident reports).
IC 9-26-1-9 (Concerning accidents and accident reports).
IC 9-26-6-4 (Concerning accidents and accident reports).
IC 9-30-4-7 (Concerning licenses and registrations).
IC 9-30-4-8 (Concerning licenses and registrations).
IC 9-30-4-13 (Concerning licenses and registrations).
IC 9-30-5-1 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-2 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-3 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-4 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-5 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-7 (Concerning operating a vehicle while intoxicated).
IC 9-30-5-8 (Concerning operating a vehicle while intoxicated).
IC 9-30-6-8.7 (Concerning implied consent).
IC 9-30-9-7.5 (Concerning alcohol abuse deterrent programs).
IC 9-30-10-16 (Concerning habitual violator of traffic laws).
IC 9-30-10-17 (Concerning habitual violator of traffic laws).
IC 9-30-10-17.5 (Concerning habitual violator of traffic laws).
IC 9-31-2-26 (Concerning watercraft titling and registration).
IC 9-31-2-27 (Concerning watercraft titling and registration).
IC 9-31-2-28 (Concerning watercraft titling and registration).
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