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Committee passes bills restricting advertising of illegal substances and adding towing complaints to consumer law after stakeholder negotiations
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Summary
The Indiana House Roads and Transportation Committee adopted two amendments to Senate Bill 73: one would bar advertising of illegal substances listed under Indiana law, and another would add emergency commercial towing disputes to the Deceptive Consumer Sales Act with a 60%/40% cash-and-bond structure and a 30-day mediation window through the Attorney General's office.
The Indiana House Roads and Transportation Committee adopted two amendments to Senate Bill 73 that together aim to curb advertising for illegal controlled substances and to create a process for addressing alleged predatory towing of commercial vehicles.
Amendment 7 would prohibit advertising illegal substances listed under Indiana law — the sponsor said the change targets marijuana advertising in Northern Indiana and described numerous billboards, rolling billboard trucks and direct mailers promoting dispensaries in neighboring jurisdictions. The sponsor said: "If a substance is illegal in Indiana, it shouldn't be able to be advertised in Indiana." The sponsor and stakeholders referenced a November 2024 Fifth Circuit decision upholding a similar Mississippi law in support of restricting advertising of criminal activity. The committee took amendment 7 by consent.
Amendment 9 removes a proposed board structure and instead adds emergency towing services for commercial vehicles to the Deceptive Consumer Sales Act (DCSA). Under the amended language described in committee testimony, the towing company would require the party seeking release to pay 60% of the invoice and post a 40% bond; the Attorney General's office would have a 30-day mediation- or investigation-style window to resolve the complaint before further legal action. The amendment also includes provisions intended to allow the Attorney General to investigate business-to-business complaints that the office cannot currently bring under the DCSA.
Stakeholder testimony reflected negotiating positions and concerns. Gary Langston of the Indiana Motor Truck Association supported amendment 9, saying the change "enables commerce" and helps trucking companies quickly recover tractors, trailers and freight. Carrie Driscoll of the Indiana Towing and Recovery Association testified in opposition to amendment 9 and urged additional safeguards to prevent frivolous complaints, argued that a 60% cash requirement could harm small and medium tow businesses, and requested clarity on inspection-fee prohibitions, minimum-hour billing provisions and stronger guardrails for releasing vehicles and retrieving essential items (glasses, medication, school or work supplies) without fees.
Mark Snodgrass of the Office of the Attorney General said the AG's office supports amendment 9 and does not anticipate being overwhelmed, noting the office already handles about 10,000 consumer complaints per year and can use investigative tools and rate sheets from law enforcement to review towing invoices. He told the committee the AG's office "can get up to speed pretty quickly" and that harmonizing inspection-fee rules with existing Indiana Code 24-14-9-2 would simplify enforcement.
John Zarich of the Insurance Institute of Indiana recommended clarifying the bond and the 30-day period so that if a matter is not resolved within 30 days the complainant must file in court to resolve the bond — a point he said would align the provision with typical court-bond practice.
After discussion and additional minor clarifications offered in testimony, the committee took amendments 7 and 9 by consent and voted 12-0 to pass the bill as amended.
