Section 9-14.1-3-3 - Convenience fees(a) A transaction processed by a full service provider or partial services provider is subject to the same fees and taxes as if the transaction were processed at a license branch.(b) In addition to a fee or tax described in subsection (a), a full service provider or partial services provider may impose, collect, and retain a convenience fee for each transaction that is:(1) related to: (A) a title issued under IC 9-17; or(B) a registration issued under IC 9-18 (before its expiration) or IC 9-18.1; and(2) processed by the provider.(c) The amount of a convenience fee described in subsection (b):(1) is subject to the written approval of the commission; and(2) may not exceed the following: (A) For a transaction described in subsection (b)(1)(A), one hundred fifty percent (150%) of the fee imposed on the same transaction processed at a license branch.(B) For a transaction described in subsection (b)(1)(B), one hundred fifty percent (150%) of the fee imposed under IC 9-29-5-1 (before its repeal) or IC 9-18.1-5-2 for a transaction processed at a license branch.(d) This subsection applies if a full service provider or partial services provider imposes a convenience fee under subsection (b). Before the full service provider or partial services provider may impose and collect the convenience fee, all of the following conditions must occur:(1) Notice of the convenience fee must be provided, in writing or by electronic means, to the customer by: (A) the full service provider;(B) the partial services provider; or(C) a dealer that interacts directly with the customer at the initial transaction level.(2) The notice must disclose only the following:(A) The amount of the convenience fee.(B) That the convenience fee is not imposed on a transaction processed at a license branch.(C) The address and hours of operation of the license branch located nearest to the full service location or partial services location.(D) The distance between the license branch described in clause (C) and the full service location or partial services location.(3) The customer must agree, in writing or by electronic means, to pay the convenience fee.(e) A notice provided under subsection (d)(1) must be provided:(1) in a single, discrete document or publication that contains no additional terms or conditions; or(2) in combination only with an agreement described in subsection (d)(3).(f) With respect to each transaction processed by a full service provider or partial services provider, the full service provider or partial services provider shall: (1) collect all fees and taxes related to the transaction; and(2) remit the amounts collected to the bureau for deposit as set forth in this title.Pre-2016 Revision Citation: 9-16-1-5.
Added by P.L. 198-2016, SEC. 195, eff. 7/1/2016.