Motor Vehicle Advisory Board

Indiana Conference Room 5

November 21, 2016

11:45-1:45pm

Members in attendance:

  • Thomas Kelley (Kelley Automotive Group)
  • Rachel Hazaray (Subaru of Indiana Automotive)
  • Charles Svihlik (Ivy Tech)
  • Fritz Kruetzinger, Secretary (Fritz Motors)
  • Robert Hockett (Indianapolis Car Exchange) –conference call
  • Mike Hierholzer (Ray’s Auto Parts)
  • Mark Fuson (Fuson Motors)
  • Pam Argostino (Camp-Land RV)
  • Senator Tom Wyss

Members absent:

  • Dave Mann (Just Add Water Boats)

Office of the Secretary of State Representatives in attendance:

  • Melissa Reynolds, Director – Auto Dealer Services Division
  • Rachael Ehlich, Senior Counsel – Auto Dealer Services Division
  • Brandon Clifton, Deputy Secretary of State
  • Liz Bryant, Operations Specialist

Others present:

  • Senator Dennis Kruse
  • Mike Solari (Short Strategy Group, Inc.)
  • Trevor Vance (Bose Public Affairs Group)
  • Joe Loftus (Barnes & Thornburg, LLP)
  • Matt Norris (Krieg Devault Legal)

Introduction of New Board Member,

  • Dave Mann, Just Add Water Boats

Adoption of Minutes:

  • Motion to approve minutes from Charles Svilik, seconded by Tom Kelley.

Office Update from Brandon Clifton and Melissa Reynolds.:

  • Brandon spoke about the Election process and the office’s involvement.
  • Melissa Reynolds talks about the preview of Plates on Demand and creating user accounts in the Division’s new licensing program. Phase 2 will include being able to pay with a credit card online. The presentation is available on our website and a webinar will be posted soon.

Rulemaking Update:

  • Rachael Ehlich states the rulemaking is moving along, rules will be published and a public meeting will be posted.

Legislation 2017 Discussion:

  • Discuss items on the Legislative Summary Sheet:
  • Should dealers be allowed to have multiple licenses at the same location
  • Should repair shops that only engage in sales via the mechanics lien process be excluded from the definition of “dealer”?
  • Consensus was “yes”
  • Should a sale to a license recycler after a vehicle fails to sell at mechanics lien auction count as a sale for purposes of determining who is a “dealer”?
  • Consensus was “no”
  • Should ownership be defined by having a certain percentage stake in the business for entities other than sole proprietors and general partners?
  • Consensus was “yes”
  • Will need to have a carve-out for manufacturers whose BOD rotates – they use corporate officers instead
  • How long should watercraft dealers have to deliver title?
  • Statute and regulations currently conflict
  • Consensus was 31 days – same as a vehicle dealer
  • Does our office need to continue to issue Interim Manufacturer Transporter Plates? It does not appear that they are used.
  • Rachel Hazaray suggested we talk to Wabash National who manufacturers semi-trailers in Indiana.
  • What is meant in IC 9-32-4-1 when it states that ““A dealer shall make payment to a third party to satisfy any obligation secured by the motor vehicle within ten (10) days after the date of sale.”? Which “sale”? The trade-in or the sale of the trade-in to another consumer?
  • A trade-in is not considered a sale
  • Questions re: automotive mobility dealer
  • Need to distinguish between a converter manufacturer and a dealer
  • Per TK, most people do either the conversion or the sale
  • We will be working with BMV on Electronic Liens
  • Does it make sense to have watercraft as a separate license type?

Motor Vehicle Advisory Board supports fee increase for 2017 Legislation.

Member Open Discussion

Suggested Meeting Dates: