IC 9-23-1
Chapter 1. Motor Vehicle Sales Advisory Board
IC 9-23-1-1
Establishment of board
Sec. 1. The motor vehicle sales advisory board is established to
advise the secretary of state in the administration of this article.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.14.
IC 9-23-1-2
Composition of board
Sec. 2. (a) The advisory board is composed of the secretary of
state and eight (8) persons appointed by the governor upon the
recommendation of the secretary of state as follows:
(1) Two (2) of the appointed members must be franchised new
motor vehicle dealers as follows:
(A) One (1) member must have sold less than seven hundred
fifty (750) new motor vehicles in the year before the
member's appointment.
(B) One (1) member must have sold more than seven
hundred forty-nine (749) new motor vehicles in the year
before the member's appointment.
(2) Two (2) of the appointed members must represent the
automobile manufacturing industry and must have been Indiana
residents for a period of two (2) years immediately preceding
their appointment.
(3) Two (2) of the appointed members must represent the
general public and may not have any direct interest in the
manufacture or sale of motor vehicles.
(4) One (1) member must represent used motor vehicle dealers
that are not franchised new motor vehicle dealers.
(5) One (1) member must represent used motor vehicle
auctioneers.
(b) Not more than four (4) members of the board may be of the
same political party.
As added by P.L.2-1991, SEC.11. Amended by P.L.101-1991, SEC.1;
P.L.184-2007, SEC.15.
IC 9-23-1-3
Terms; removal; vacancies
Sec. 3. (a) A member appointed under section 2 of this chapter
serves a three (3) year term. A person may not serve more than two
(2) consecutive full terms. Each appointed member serves until the
member's successor is duly appointed and qualified.
(b) A member may be removed for good cause.
(c) A vacancy shall be filled by appointment of the governor for
the unexpired term.
As added by P.L.2-1991, SEC.11.
IC 9-23-1-4
Compensation; membership not holding of public office
Sec. 4. Members of the advisory board are entitled to receive the
expenses and per diem allowed by law. Membership on the advisory
board does not constitute the holding of a public office.
As added by P.L.2-1991, SEC.11.
IC 9-23-1-5
Officers
Sec. 5. The secretary of state shall serve as chairman of the
advisory board. The advisory board shall elect a vice chairman and
secretary from the appointed members during the first month of each
year. The vice chairman and secretary serve until their successors are
duly appointed and qualified and may be removed for good cause.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.16.
IC 9-23-1-6
Meetings; time
Sec. 6. The advisory board shall meet during the first month of
each year. Additional meetings may be convened at the call of the
secretary of state or the written request of any three (3) members.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.17.
IC 9-23-1-7
Meetings; quorum; majority vote
Sec. 7. Five (5) members of the advisory board constitute a
quorum for doing business. The majority vote of the members of the
quorum, present and voting, is required for the passage of a matter
put to a vote of the advisory board.
As added by P.L.2-1991, SEC.11. Amended by P.L.101-1991, SEC.2.
IC 9-23-1-8
Powers
Sec. 8. The advisory board is vested with the following powers:
(1) To consult with and advise the secretary of state.
(2) To suggest rules, including the following:
(A) The contents of forms.
(B) Methods and procedures for the investigation and
evaluation of the qualifications of applicants for licenses.
(C) The criteria upon which to issue, deny, suspend, and
revoke licenses.
(D) Procedures for the investigation into and conduct of
hearings on unfair practices.
As added by P.L.2-1991, SEC.11. Amended by P.L.184-2007,
SEC.18.