Title 24, TRADE REGULATION

Sec. 13.5. (a) This section applies to a nonparticipating manufacturer whose principal place of business is located outside the United States. (b) Each year, a nonparticipating manufacturer shall provide to the attorney general a declaration from each of the nonparticipating manu…

Sec. 13.6. (a) The attorney general may determine that a nonparticipating manufacturer, including a newly qualified nonparticipating manufacturer, poses an elevated risk for noncompliance with this article if any of the following apply: (1) The nonparticipating manufacturer or an…

Sec. 14. (a) Not later than July 1 of each year, the attorney general shall make available to the public by publishing on accessIndiana (as operated under IC 4-13.1-2) a directory listing all brand families listed in certifications filed under section 13 of this chapter. (b) A di…

Sec. 15. A person may not: (1) affix a stamp to a package or other container of cigarettes; or (2) sell, offer or possess for sale, or import for personal consumption in Indiana cigarettes; of a tobacco product manufacturer or brand family that is not listed in a directory under …

Sec. 16. (a) A foreign nonparticipating manufacturer that has not registered to do business in Indiana shall, as a condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter, appoint and engage w…

Sec. 17. (a) This section applies after July 31, 2003. (b) Not later than January 20, April 20, July 20, and October 20 of a calendar year, or more frequently if ordered by the department, the commission, or the attorney general, a distributor or stamping agent shall submit the f…

Sec. 18. (a) The department and the commission shall disclose to the attorney general any information received under this chapter and requested by the attorney general for purposes of determining compliance with and enforcing this chapter. The department, the commission, and the …

Sec. 19. The attorney general may require a nonparticipating manufacturer to provide from the financial institution that holds the nonparticipating manufacturer's qualified escrow fund for purposes of complying with this chapter proof of: (1) the amount of money in the qualified …

Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-3-5. As added by P.L.252-2003, SEC.16.

Sec. 20. The department or the attorney general may adopt rules under IC 4-22-2 to implement this chapter, including rules to: (1) require a tobacco product manufacturer subject to section 13(c) of this chapter to make required escrow deposits in installments during the calendar …

Sec. 21. (a) This section applies in addition to or instead of any other civil or criminal penalty. (b) The department may revoke or suspend the license of a distributor, a stamping agent, or any other person that violates section 15 of this chapter. (c) Each: (1) stamp affixed; …

Sec. 22. Whenever the department or the commission discovers any cigarettes that have been sold, offered for sale, or possessed for sale in Indiana in violation of section 15 of this chapter, the department or the commission may seize and take possession of the cigarettes. The se…

Sec. 23. The attorney general may seek an injunction to: (1) restrain a threatened or an actual violation of section 15 of this chapter by a stamping agent; and (2) compel the stamping agent to comply with sections 15, 17(b), and 17(c) of this chapter. As added by P.L.252-2003, S…

Sec. 24. (a) A person shall not: (1) sell or distribute; or (2) acquire, hold, own, possess, transport, import, or cause to be imported; cigarettes that the person knows or should know are intended for distribution or sale in Indiana in violation of section 15 of this chapter. (b…

Sec. 25. A person who violates section 15 of this chapter engages in an unfair and deceptive business practice. As added by P.L.252-2003, SEC.16.

Sec. 26. A determination by the attorney general to not list in or to remove from a directory under section 14 of this chapter a brand family or a tobacco product manufacturer is subject to review only by the Marion County circuit court. As added by P.L.252-2003, SEC.16.

Sec. 27. The department shall not issue a registration certificate under IC 6-7-1-16(a) to a distributor unless the distributor certifies in writing that the distributor will comply with this chapter. As added by P.L.252-2003, SEC.16.

Sec. 28. In an action brought by the state to enforce this chapter, the state may recover: (1) the costs of investigation; (2) expert witness fees; (3) the costs of the action; and (4) attorney's fees. As added by P.L.252-2003, SEC.16.

Sec. 29. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the treasurer of state for deposit in the Indiana tobacco master settlement agreement f…

Sec. 3. As used in this chapter, "commission" means the alcohol and tobacco commission created by IC 7.1-2-1-1. As added by P.L.252-2003, SEC.16.

Sec. 30. All: (1) civil penalties imposed under; and (2) judgments for violations of; this chapter shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1. As added by P.L.252-2003, SEC.16.

Sec. 4. As used in this chapter, "department" means the department of state revenue. As added by P.L.252-2003, SEC.16.

Sec. 5. As used in this chapter, "distributor" means a person that: (1) purchases cigarettes on which the tax under IC 6-7-1 is not paid; and (2) stores, sells, or otherwise disposes of the cigarettes. As added by P.L.252-2003, SEC.16.

Sec. 5.5. As used in this chapter, "importer" means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. As added by P.L.24-2010, SEC.1.

Sec. 6. As used in this chapter, "master settlement agreement" has the meaning set forth in IC 24-3-3-6. As added by P.L.252-2003, SEC.16.

Sec. 6.5. As used in this chapter, "newly qualified nonparticipating manufacturer" means a nonparticipating manufacturer: (1) that has filed a certification under section 13 of this chapter; and (2) whose brand families are not listed in a directory under section 14 of this chapt…

Sec. 7. As used in this chapter, "nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer. As added by P.L.252-2003, SEC.16.

Sec. 8. As used in this chapter, "participating manufacturer" has the meaning set forth in IC 24-3-3-12(1). As added by P.L.252-2003, SEC.16.

Sec. 9. As used in this chapter, "qualified escrow fund" has the meaning set forth in IC 24-3-3-7. As added by P.L.252-2003, SEC.16.

Sec. 1. As used in this chapter, "delivery period" means a period during which a shared vehicle is delivered to a location identified in the shared vehicle agreement before the vehicle sharing start time. As added by P.L.253-2019, SEC.3.

Sec. 10. As used in this chapter, "termination time" means the earliest of the following events: (1) The end of the vehicle sharing period identified in the shared vehicle agreement if the shared vehicle is delivered to the location agreed upon in the shared vehicle agreement. (2…

Sec. 11. As used in this chapter, "shared vehicle agreement" means a written contract: (1) that provides terms and conditions governing the conduct of the shared vehicle owner and shared vehicle driver; (2) that authorizes a shared vehicle driver to use a shared vehicle under a s…

Sec. 12. As used in this chapter, "vehicle sharing period" means a period beginning with: (1) the delivery period; or (2) if there is no delivery period, the start time; and ending with the termination time. As added by P.L.253-2019, SEC.3.

Sec. 13. A P2P vehicle sharing program, for each shared vehicle agreement completed through the P2P shared vehicle program, shall do the following: (1) Provide the language of the shared vehicle agreement to the shared vehicle owner and shared vehicle driver. (2) Disclose: (A) to…

Sec. 14. (a) When a vehicle owner registers as a shared vehicle owner on a P2P vehicle sharing program, and before a shared vehicle owner makes a shared vehicle available for sharing on the P2P vehicle sharing program, a P2P vehicle sharing program shall: (1) verify that the shar…

Sec. 15. (a) A shared vehicle that is the subject of a shared vehicle agreement must be insured during a vehicle sharing period by a motor vehicle insurance policy that is maintained by any of the following: (1) The shared vehicle owner. (2) The shared vehicle driver. (3) The P2P…

Sec. 16. (a) During a vehicle sharing period, the P2P vehicle sharing program has an insurable interest in the shared vehicle. (b) A P2P vehicle sharing program may maintain, as the named insured, one (1) or more motor vehicle insurance policies that provide coverage in an amount…

Sec. 17. (a) A P2P vehicle sharing program and a shared vehicle owner are exempt from vicarious liability: (1) as if the P2P vehicle sharing program were a vehicle rental or leasing business, in accordance with 49 U.S.C. 30106; and (2) under any state or local law that imposes li…

Sec. 18. When a vehicle owner registers as a shared vehicle owner on a P2P vehicle sharing program and before a shared vehicle owner makes a shared vehicle available for sharing on the P2P vehicle sharing program, a P2P vehicle sharing program shall notify the shared vehicle owne…

Sec. 19. (a) Except as otherwise provided in subsection (b), a county, a municipality, or another political subdivision (as defined in IC 36-1-2-13) of the state may not enact or enforce an ordinance, resolution, policy, or rule to regulate P2P vehicle sharing. (b) A board of an …

Sec. 2. As used in this chapter, "motor vehicle insurance policy" means an insurance policy that provides: (1) the types of insurance described in Class 2(f) of IC 27-1-5-1; and (2) coverage in not less than the minimum amounts required by IC 9-25-4-5. As added by P.L.253-2019, S…

Sec. 3. As used in this chapter, "peer to peer vehicle sharing" or "P2P vehicle sharing" means the authorized use of a shared vehicle by a person other than the shared vehicle's owner as part of a P2P vehicle sharing program. As added by P.L.253-2019, SEC.3.

Sec. 4. As used in this chapter, "peer to peer vehicle sharing program" or "P2P vehicle sharing program" means an online platform operated by an entity under which a shared vehicle owner is connected with a shared vehicle driver to facilitate P2P vehicle sharing. The term does no…

Sec. 5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or another legal entity. As added by P.L.253-2019, SEC.3.

Sec. 6. As used in this chapter, "shared vehicle" means a vehicle that a shared vehicle owner has made available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. The term does not include a vehicle obtained from a rental company under a …

Sec. 7. As used in this chapter, "shared vehicle driver" means a person who: (1) has entered into a shared vehicle agreement with a P2P vehicle sharing program to drive a shared vehicle; and (2) is authorized to drive a shared vehicle. The term does not include a renter (as defin…