Introduced Version SENATE BILL No. 240 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 9-13-2; IC 9-24. Synopsis: Service dog endorsement on driver's license. Provides that the bureau of motor vehicles shall place an identifying symbol on certain driver's licenses, permits, and identification cards to indicate the use of a service animal due to a person's disability. Effective: July 1, 2022. Boehnlein January 10, 2022, read first time and referred to Committee on Homeland Security and Transportation. 2022 IN 240—LS 6374/DI 139 Introduced Second Regular Session of the 122nd General Assembly (2022) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2021 Regular Session of the General Assembly. SENATE BILL No. 240 A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 9-13-2-43.7 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2022]: Sec. 43.7. "Disability", for purposes of IC 9-24-9-2.3, 4 IC 9-24-11-5.5, and IC 9-24-16-3, means with respect to an 5 individual: 6 (1) a physical or mental impairment that substantially limits 7 one (1) or more of the major life activities of the individual; 8 (2) a record of an impairment described in subdivision (1); or 9 (3) being regarded as having an impairment described in 10 subdivision (1). 11 SECTION 2. IC 9-13-2-165.5 IS ADDED TO THE INDIANA 12 CODE AS A NEW SECTION TO READ AS FOLLOWS 13 [EFFECTIVE JULY 1, 2022]: Sec. 165.5. "Service animal", for 14 purposes of IC 9-24-9-2.3, IC 9-24-11-5.5, and IC 9-24-16-3, means 15 a dog that an individual who is impaired by: 16 (1) blindness or any other visual impairment; 17 (2) deafness or any other aural impairment; 2022 IN 240—LS 6374/DI 139 2 1 (3) a physical disability; or 2 (4) a medical condition; 3 relies on for navigation, assistance in performing daily activities, 4 or alert signals regarding the onset of the medical condition of the 5 individual. 6 SECTION 3. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019, 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2022]: Sec. 2.3. (a) An application for a driver's license or 9 permit under this chapter must contain the following questions: 10 (1) "Have you served in the armed forces of the United States?". 11 (2) "Are you the surviving spouse of someone who served in the 12 armed forces of the United States or their reserves, in the National 13 Guard, or in the Indiana National Guard?". 14 (b) In addition to the questions set forth in subsection (a), an 15 application for a driver's license or permit to be issued under this article 16 must enable the applicant to indicate the following: 17 (1) The applicant is a veteran and wishes to have an indication of 18 the applicant's veteran status appear on the driver's license or 19 permit. 20 (2) The applicant is the surviving spouse of a veteran of the armed 21 forces of the United States and wishes to have an indication of the 22 applicant's status as a surviving spouse of a veteran appear on the 23 license or permit. 24 (3) The applicant has a medical condition of note and wishes to 25 have an identifying symbol and a brief description of the medical 26 condition appear on the driver's license or permit. 27 (4) The applicant has a service animal due to a disability and 28 wishes to have an identifying symbol appear on the driver's 29 license or permit. 30 (c) The bureau shall keep in a data base and share the information 31 submitted under subsections (a) and (b)(2) upon request by the Indiana 32 department of veterans' affairs. The information submitted under 33 subsections (a) and (b)(2) may be used by the Indiana department of 34 veterans' affairs to develop outreach programs for veterans and their 35 families. 36 (d) The application for a driver's license or permit under this chapter 37 must indicate that an applicant has the option whether or not to answer 38 the questions set forth in subsection (a). 39 SECTION 4. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020, 40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2022]: Sec. 5.5. (a) If an individual has: 42 (1) indicated on the application for a driver's license or learner's 2022 IN 240—LS 6374/DI 139 3 1 permit that the individual is a veteran and wishes to have an 2 indication of the individual's veteran status appear on the driver's 3 license or learner's permit; and 4 (2) provided proof at the time of application of the individual's 5 veteran status; 6 an indication of the individual's veteran status shall be shown on the 7 driver's license or learner's permit. 8 (b) If an individual has: 9 (1) indicated on the individual's application for a driver's license 10 or learner's permit that the applicant: 11 (A) is a surviving spouse of a veteran; and 12 (B) wishes to have an indication of the applicant's status as a 13 surviving spouse of a veteran appear on the driver's license or 14 learner's permit; and 15 (2) provided the documentation necessary to verify that the 16 applicant was married, at the time of the decedent's death, to a 17 veteran; 18 an indication of the individual's status as a surviving spouse of a 19 veteran shall be shown on the driver's license or learner's permit. 20 (c) If an individual submits information concerning the individual's 21 medical condition in conjunction with the individual's application for 22 a driver's license or learner's permit, the bureau shall place an 23 identifying symbol in a prominent location on a driver's license or 24 learner's permit to indicate that the individual has a medical condition 25 of note. The bureau shall include information on the individual's 26 driver's license or learner's permit that briefly describes the individual's 27 medical condition. The information must be notated in a manner that 28 alerts an individual reading the driver's license or learner's permit to the 29 existence of the medical condition. The individual submitting the 30 information concerning the medical condition is responsible for its 31 accuracy. 32 (d) Notwithstanding the July 1, 2021, effective date in HEA 33 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July 34 1, 2020 (rather than July 1, 2021). If an individual submits 35 information concerning the individual's use of a service animal due 36 to a disability in conjunction with the individual's application for 37 a driver's license or learner's permit, the bureau shall place an 38 identifying symbol in a prominent location on a driver's license or 39 learner's permit to indicate that the individual uses a service 40 animal due to a disability. The bureau shall include information on 41 the individual's driver's license or learner's permit that briefly 42 describes the individual's use of a service animal. The information 2022 IN 240—LS 6374/DI 139 4 1 must be notated in a manner that alerts an individual reading the 2 driver's license or learner's permit to the individual's need for a 3 service animal due to a disability. The individual submitting the 4 information concerning the use of a service animal is responsible 5 for its accuracy. 6 SECTION 5. IC 9-24-16-3, AS AMENDED BY P.L.111-2021, 7 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2022]: Sec. 3. (a) An identification card: 9 (1) in physical form must have the same dimensions and shape as 10 a driver's license; and 11 (2) in the form of a mobile credential must have the same format 12 as a driver's license; 13 but the card must have markings sufficient to distinguish the card from 14 a driver's license. 15 (b) Except as provided in subsection (g), (h), the front side of a 16 physical identification card or the top portion of an identification card 17 in the format of a mobile credential must contain the expiration date of 18 the identification card and the following information about the 19 individual to whom the card is being issued: 20 (1) Full legal name. 21 (2) The address of the principal residence. 22 (3) Date of birth. 23 (4) Date of issue and date of expiration. 24 (5) Unique identification number. 25 (6) Gender. 26 (7) Weight. 27 (8) Height. 28 (9) Color of eyes and hair. 29 (10) Reproduction of the signature of the individual identified. 30 (11) Whether the individual is blind (as defined in 31 IC 12-7-2-21(1)). 32 (12) If the individual is less than eighteen (18) years of age at the 33 time of issuance, the dates on which the individual will become: 34 (A) eighteen (18) years of age; and 35 (B) twenty-one (21) years of age. 36 (13) If the individual is at least eighteen (18) years of age but less 37 than twenty-one (21) years of age at the time of issuance, the date 38 on which the individual will become twenty-one (21) years of age. 39 (14) Digital photograph of the individual. 40 (c) The information contained on the identification card as required 41 by subsection (b)(12) or (b)(13) for an individual who is less than 42 twenty-one (21) years of age at the time of issuance shall be notated 2022 IN 240—LS 6374/DI 139 5 1 prominently on the identification card. 2 (d) If the individual complies with section 2(f) or 2(g) of this 3 chapter, an indication of the individual's veteran status or status as the 4 surviving spouse of a veteran of the armed forces of the United States, 5 as applicable, shall be shown on the identification card. 6 (e) If the applicant for an identification card submits information to 7 the bureau concerning the applicant's medical condition, the bureau 8 shall place an identifying symbol on the face of the identification card 9 to indicate that the applicant has a medical condition of note. The 10 bureau shall include information on the identification card that briefly 11 describes the medical condition of the holder of the card. The 12 information must be printed in a manner that alerts a person reading the 13 card to the existence of the medical condition. The applicant for an 14 identification card is responsible for the accuracy of the information 15 concerning the medical condition submitted under this subsection. The 16 bureau shall inform an applicant that submission of information under 17 this subsection is voluntary. 18 (f) If the applicant for an identification card submits 19 information to the bureau concerning the applicant's use of a 20 service animal due to a disability, the bureau shall place an 21 identifying symbol on the face of the identification card to indicate 22 that the applicant uses a service animal due to a disability. The 23 bureau shall include information on the identification card that 24 briefly describes the applicant's use of a service animal due to a 25 disability of the holder of the card. The information must be 26 printed in a manner that alerts a person reading the card to the 27 applicant's use of a service animal due to a disability. The 28 applicant for an identification card is responsible for the accuracy 29 of the information concerning the applicant's use of the service 30 animal due to a disability submitted under this subsection. The 31 bureau shall inform an applicant that submission of information 32 under this subsection is voluntary. 33 (f) (g) An identification card issued by the state to an individual 34 who: 35 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant 36 visa status for entry in the United States; 37 (2) has a pending application for asylum in the United States; 38 (3) has a pending or approved application for temporary protected 39 status in the United States; 40 (4) has approved deferred action status; or 41 (5) has a pending application for adjustment of status to that of an 42 alien lawfully admitted for permanent residence in the United 2022 IN 240—LS 6374/DI 139 6 1 States or conditional permanent residence status in the United 2 States; 3 must be clearly identified as a temporary identification card. A 4 temporary identification card issued under this subsection may not be 5 renewed without the presentation of valid documentary evidence 6 proving that the holder of the identification card's temporary status has 7 been extended. 8 (g) (h) For purposes of subsection (b), an individual certified as a 9 program participant in the address confidentiality program under 10 IC 5-26.5 is not required to provide the address of the individual's 11 principal residence, but may provide an address designated by the 12 office of the attorney general under IC 5-26.5 as the address of the 13 individual's principal residence. 14 (h) (i) The bureau shall validate an identification card for motor 15 driven cycle operation upon a highway by endorsement to an individual 16 who: 17 (1) applies for or has previously been issued an identification card 18 under this chapter; 19 (2) makes the appropriate application for endorsement; and 20 (3) satisfactorily completes the test required under section 3.6 of 21 this chapter. 22 The bureau shall place a designation on the face of the identification 23 card to indicate that the individual has received a motor driven cycle 24 endorsement. 2022 IN 240—LS 6374/DI 139