2016 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 32. DEALER SERVICES CHAPTER 3. POWERS AND DUTIES OF THE DIVISION
Download as PDF
IC 9-32-3
Chapter 3. Powers and Duties of the Division
IC 9-32-3-1
Rights, duties, and obligations under article, rules
Sec. 1. The secretary may delegate any or all of the rights, duties,
or obligations of the secretary under this article to:
(1) the director; or
(2) another designee under the supervision and control of the
secretary.
The individual delegated has the authority to adopt and enforce rules
under IC 4-22-2 as the secretary under IC 4-5-1-11.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016,
SEC.37.
IC 9-32-3-2
Secretary; responsibilities and duties
Sec. 2. The secretary shall do the following:
(1) Administer and enforce:
(A) this article concerning the division; and
(B) the policies and procedures of the division.
(2) Organize the division in the manner necessary to carry out
the duties of the division.
(3) Perform other duties as required by the division.
As added by P.L.92-2013, SEC.78.
IC 9-32-3-3
Expired
(As added by P.L.216-2014, SEC.158. Expired 7-1-2015 by
P.L.216-2014, SEC.158.)
IC 9-32-3-4
Payment methods; electronic signatures
Sec. 4. (a) The secretary may accept payment of a correct fee by
credit card, debit card, charge card, or similar method. However, if
the fee is paid by credit card, debit card, charge card, or similar
method, the legal obligation is not finally discharged until the
secretary receives payment or credit from the institution responsible
for making the payment or credit. The secretary may contract with a
bank 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 secretary or charged directly to the secretary's
account, the secretary or the credit card vendor may collect from the
person using the bank or credit card a fee that may not exceed the
highest transaction charge or discount fee charged to the secretary by
the bank or credit card vendor during the most recent collection
period. This fee may be collected regardless of any agreement
between the bank and a credit card vendor or regardless of any
Indiana Code 2016
internal policy of the credit card vendor that may prohibit this type
of fee.
(b) A signature on a document that is electronically transmitted is
sufficient if the person transmitting the document:
(1) intends to submit the document as evidenced by a symbol
executed or adopted by a party with present intention to
authenticate the filing; and
(2) enters the submitting party's name on the electronic form in
a signature box or other place indicated by the secretary.
As added by P.L.174-2016, SEC.38.
IC 9-32-3-5
Prohibition of disclosure of personal information
Sec. 5. Except as provided in sections 6, 7, and 8 of this chapter,
or as required by IC 5-14-3, an officer or employee of the division
may not knowingly disclose or otherwise make available personal
information, including highly restricted personal information,
obtained in connection with an individual record.
As added by P.L.174-2016, SEC.39.
IC 9-32-3-6
Mandatory disclosure of personal information
Sec. 6. Personal information related to:
(1) motor vehicle or driver safety and theft;
(2) motor vehicle emissions;
(3) motor vehicle product alterations, recalls, or advisories;
(4) performance monitoring of motor vehicles and dealers by
motor vehicle manufacturers; and
(5) the removal of nonowner records from the original owner
records of motor vehicle manufacturers;
must be disclosed under this chapter to carry out the purposes of the
federal Automobile Information Disclosure Act (15 U.S.C. 1231 et
seq.), the Anti-Car Theft Act of 1992 (49 U.S.C. 33101 et seq.), the
Clean Air Act (49 U.S.C. 7401 et seq.), and all federal regulations
enacted or adopted under those acts.
As added by P.L.174-2016, SEC.40.
IC 9-32-3-7
Disclosure of certain non-highly restricted personal information;
proof of identity; permissible uses
Sec. 7. The division may disclose certain personal information
that is not highly restricted information if the person requesting the
information provides proof of identity as set forth under section 13
of this chapter and represents that the use of the personal information
will be strictly limited to at least one (1) of the following:
(1) For use by a government agency, including a court or law
enforcement agency, in carrying out its functions, or a person
acting on behalf of a government agency in carrying out its
Indiana Code 2016
functions.
(2) For use in connection with matters concerning:
(A) motor vehicle or driver safety and theft;
(B) motor vehicle emissions;
(C) motor vehicle product alterations, recalls, or advisories;
(D) performance monitoring of motor vehicles, motor
vehicle parts, and dealers;
(E) motor vehicle market research activities, including
survey research;
(F) the removal of nonowner records from the original owner
records of motor vehicle manufacturers; and
(G) motor fuel theft under IC 24-4.6-5.
(3) For use in the normal course of business by a business or its
agents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submitted
by an individual to the business or its agents, employees, or
contractors; and
(B) if information submitted to a business is not correct or is
no longer correct, to obtain the correct information only for
purposes of preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security interest against,
an individual.
(4) For use in connection with a civil, a criminal, an
administrative, or an arbitration proceeding in a court or
government agency or before a self-regulatory body, including
the service of process, investigation in anticipation of litigation,
and the execution or enforcement of judgments and orders, or
under an order of a court.
(5) For use in research activities, and for use in producing
statistical reports, as long as the personal information is not
published, redisclosed, or used to contact the individuals who
are the subjects of the personal information.
(6) For use by an insurer, an insurance support organization, or
a self-insured entity, or the agents, employees, or contractors of
an insurer, an insurance support organization, or a self-insured
entity in connection with claims investigation activities,
antifraud activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed or
impounded vehicles.
(8) For use by a licensed private investigative agency or
licensed security service for a purpose allowed under this
section.
(9) For use in connection with the operation of private toll
transportation facilities.
(10) For any use in response to requests for individual motor
vehicle records when the division has obtained the written
consent of the person to whom the personal information
pertains.
Indiana Code 2016
(11) For bulk distribution for surveys, marketing, or
solicitations when the division has obtained the written consent
of the person to whom the personal information pertains.
(12) For use by any person, when the person demonstrates, in
a form and manner prescribed by the division, that written
consent has been obtained from the individual who is the
subject of the information.
(13) For any other use specifically authorized by law that is
related to the operation of a motor vehicle or public safety.
As added by P.L.174-2016, SEC.41.
IC 9-32-3-8
Disclosure of highly restricted personal information
Sec. 8. Highly restricted personal information may be disclosed
by the division only as follows:
(1) With the express written consent of the individual to whom
the highly restricted personal information pertains.
(2) In the absence of the express written consent of the person
to whom the highly restricted personal information pertains, if
the person requesting the information:
(A) provides proof of identity as set forth in section 13 of
this chapter; and
(B) represents that the use of the highly restricted personal
information will be strictly limited to at least one (1) of the
uses set forth in section 7(1), 7(4), and 7(6) of this chapter.
As added by P.L.174-2016, SEC.42.
IC 9-32-3-9
Preconditions for disclosure of personal information
Sec. 9. The division may, before disclosing personal information,
require the requesting person to satisfy certain conditions for the
purpose of ascertaining:
(1) the correct identity of the requesting person;
(2) that the use of the disclosed information will be only as
authorized; or
(3) that the consent of the person who is the subject of the
information has been obtained.
The conditions may include the making and filing of a written
application on a form prescribed by the division and containing all
information and certification requirements required by the division.
As added by P.L.174-2016, SEC.43.
IC 9-32-3-10
Permissible uses of disclosed personal information
Sec. 10. (a) An authorized recipient of personal information,
except a recipient under section 7(10) or 7(11) of this chapter, may
resell or redisclose the information for any use allowed under section
6 of this chapter, except for a use under section 7(10) or 7(11) of this
Indiana Code 2016
chapter.
(b) An authorized recipient of a record under section 7(10) of this
chapter may resell or redisclose personal information for any
purpose.
(c) An authorized recipient of personal information under section
7(10) of this chapter may resell or redisclose the personal
information for use only in accordance with section 7(11) of this
chapter.
(d) Except for a recipient under section 7(10) of this chapter, a
recipient that resells or rediscloses personal information shall
maintain and make available for inspection to the division, upon
request, for at least five (5) years, records concerning:
(1) each person that receives the information; and
(2) the permitted use for which the information was obtained.
As added by P.L.174-2016, SEC.44.
IC 9-32-3-11
Adoption of rules
Sec. 11. The secretary may adopt rules under IC 4-22-2 to carry
out this chapter.
As added by P.L.174-2016, SEC.45.
IC 9-32-3-12
Misrepresentation of identity; Class C misdemeanor
Sec. 12. A person requesting the disclosure of personal
information or highly restricted personal information from records
of the division that knowingly or intentionally misrepresents the
person's identity or makes a false statement to the division on an
application required to be submitted under this chapter commits a
Class C misdemeanor.
As added by P.L.174-2016, SEC.46.
IC 9-32-3-13
Acceptable forms of identification
Sec. 13. The following are acceptable forms of identification for
purposes of section 7 of this chapter:
(1) An unexpired driver's license.
(2) An unexpired identification card issued under IC 9-24-16-1,
photo exempt identification card issued under IC 9-24-16.5, or
similar card issued under the laws of another state or the federal
government.
(3) An unexpired government issued document bearing an
image of the individual requesting the information.
As added by P.L.174-2016, SEC.47.
Indiana Code 2016
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
