CHAPTER 4. BOAT DEALERS
IC 9-31-4
Chapter 4. Boat Dealers
IC 9-31-4-1
Classification of dealers
Sec. 1. Dealers are classified for the purposes of this chapter and
IC 9-29-15 into two (2) categories as follows:
(1) Class A dealers have more than one (1) business location for
the sale of boats.
(2) Class B dealers have only one (1) business location for the
sale of boats.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-2
Necessity for licensure
Sec. 2. A person must be licensed under this chapter before the
person may engage in the business of selling boats.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-3
Application for license; conditions
Sec. 3. (a) An application for a license must meet all the following
conditions:
(1) Be accompanied by the fee under IC 9-29-15-7.
(2) Be on a form prescribed by the secretary of state.
(3) Contain any information that the secretary of state
reasonably needs to enable the secretary of state to determine
fully the qualifications and eligibility of the applicant to receive
the license, the location of each of the applicant's places of
business in Indiana, and the ability of the applicant to conduct
properly the business for which the application is submitted.
(b) An application for a license as a dealer must show whether the
applicant proposes to sell new or used boats or both.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,
SEC.41.
IC 9-31-4-4
License; specification of business location; display
Sec. 4. A license issued to a dealer must specify the location of
each place of business and shall be conspicuously displayed at each
business location. If a business name or location is changed, the
holder shall notify the secretary of state within ten (10) days and
remit the fee specified under IC 9-29-15-8. The secretary of state
shall endorse that change on the license if it is determined that the
change is not subject to other provisions of this chapter.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,
SEC.42.
IC 9-31-4-5
Term of license; fees
Sec. 5. A license issued under this chapter is valid for one (1) year
after the date the license is issued. All license fees shall be paid at
the annual rate under IC 9-29-15-7.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,
SEC.43.
IC 9-31-4-6
Denial, suspension, or revocation of license
Sec. 6. (a) A license may be denied, suspended, or revoked for
any of the following:
(1) A material misrepresentation in the application for a license
or other information filed with the secretary of state.
(2) A lack of fitness under the standards set forth in this chapter
or a rule adopted by the secretary of state under this chapter.
(3) A willful failure to comply with this chapter or any rule
adopted by the secretary of state under this chapter.
(4) A willful violation of a federal or state law relating to the
sale, distribution, financing, or insuring of boats.
(b) The procedures set forth in IC 9-22-4 governing the denial,
suspension, or revocation of a license issued under IC 9-22-4 also
apply to the denial, suspension, or revocation of a license issued
under this chapter. If the secretary of state denies, suspends, or
revokes a license issued or sought under this chapter, the affected
person may file an action in the circuit court of the Indiana county in
which the person's principal place of business is located seeking a
judicial determination as to whether the action is proper. The
secretary of state's action does not take effect until thirty (30) days
after the secretary of state's determination has been made and a
notice is served upon the affected person. The filing of an action as
described in this section within the thirty (30) day period is an
automatic stay of the secretary of state's determination.
(c) Revocation or suspension of a license of a dealer may be
limited to one (1) or more locations, one (1) or more defined areas,
or certain aspects of the business.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,
SEC.44.
IC 9-31-4-7
Evidence of insurance
Sec. 7. (a) A person licensed under this chapter shall furnish
evidence that the person currently has liability insurance covering the
person's place of business. The policy must have limits of not less
than the following:
(1) One hundred thousand dollars ($100,000) for bodily injury
to one (1) person.
(2) Three hundred thousand dollars ($300,000) per accident.
(3) Fifty thousand dollars ($50,000) for property damage.
(b) The minimum amounts must be maintained during the time the
license is valid.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-8
Powers and duties of secretary of state
Sec. 8. In carrying out the duties imposed on the secretary of state
under this chapter, the secretary of state may do the following:
(1) Investigate and evaluate the qualifications of applicants for
a license.
(2) Issue, deny, suspend, and revoke licenses.
(3) Investigate and conduct hearings on violations of this
chapter.
(4) Issue orders and determinations.
(5) Sue and be sued in the name of the secretary of state or the
state.
As added by P.L.71-1991, SEC.11. Amended by P.L.1-1992, SEC.66;
P.L.106-2008, SEC.45.
IC 9-31-4-9
Use of revenues; compensation and expenses
Sec. 9. The secretary of state shall use all revenues accruing to the
secretary of state under this chapter to enforce this chapter and
Indiana boat registration laws. All necessary expenses incurred and
all compensation paid by the secretary of state for administering this
chapter shall be paid out of the revenue received under this chapter
and from any supplemental appropriations.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,
SEC.46.