Indiana 2022 Regular Session

Indiana Senate Bill SB0240 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 240
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-13-2; IC 9-24.
7	7	Synopsis: Service dog endorsement on driver's license. Provides that
8	8	the bureau of motor vehicles shall place an identifying symbol on
9	9	certain driver's licenses, permits, and identification cards to indicate the
10	10	use of a service animal due to a person's disability.
11	11	Effective: July 1, 2022.
12	12	Boehnlein
13	13	January 10, 2022, read first time and referred to Committee on Homeland Security and
14	14	Transportation.
15	15	2022 IN 240—LS 6374/DI 139 Introduced
16	16	Second Regular Session of the 122nd General Assembly (2022)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2021 Regular Session of the General Assembly.
26	26	SENATE BILL No. 240
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	motor vehicles.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 9-13-2-43.7 IS ADDED TO THE INDIANA CODE
31	31	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32	32	3 1, 2022]: Sec. 43.7. "Disability", for purposes of IC 9-24-9-2.3,
33	33	4 IC 9-24-11-5.5, and IC 9-24-16-3, means with respect to an
34	34	5 individual:
35	35	6 (1) a physical or mental impairment that substantially limits
36	36	7 one (1) or more of the major life activities of the individual;
37	37	8 (2) a record of an impairment described in subdivision (1); or
38	38	9 (3) being regarded as having an impairment described in
39	39	10 subdivision (1).
40	40	11 SECTION 2. IC 9-13-2-165.5 IS ADDED TO THE INDIANA
41	41	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
42	42	13 [EFFECTIVE JULY 1, 2022]: Sec. 165.5. "Service animal", for
43	43	14 purposes of IC 9-24-9-2.3, IC 9-24-11-5.5, and IC 9-24-16-3, means
44	44	15 a dog that an individual who is impaired by:
45	45	16 (1) blindness or any other visual impairment;
46	46	17 (2) deafness or any other aural impairment;
47	47	2022 IN 240—LS 6374/DI 139 2
48	48	1 (3) a physical disability; or
49	49	2 (4) a medical condition;
50	50	3 relies on for navigation, assistance in performing daily activities,
51	51	4 or alert signals regarding the onset of the medical condition of the
52	52	5 individual.
53	53	6 SECTION 3. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019,
54	54	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	55	8 JULY 1, 2022]: Sec. 2.3. (a) An application for a driver's license or
56	56	9 permit under this chapter must contain the following questions:
57	57	10 (1) "Have you served in the armed forces of the United States?".
58	58	11 (2) "Are you the surviving spouse of someone who served in the
59	59	12 armed forces of the United States or their reserves, in the National
60	60	13 Guard, or in the Indiana National Guard?".
61	61	14 (b) In addition to the questions set forth in subsection (a), an
62	62	15 application for a driver's license or permit to be issued under this article
63	63	16 must enable the applicant to indicate the following:
64	64	17 (1) The applicant is a veteran and wishes to have an indication of
65	65	18 the applicant's veteran status appear on the driver's license or
66	66	19 permit.
67	67	20 (2) The applicant is the surviving spouse of a veteran of the armed
68	68	21 forces of the United States and wishes to have an indication of the
69	69	22 applicant's status as a surviving spouse of a veteran appear on the
70	70	23 license or permit.
71	71	24 (3) The applicant has a medical condition of note and wishes to
72	72	25 have an identifying symbol and a brief description of the medical
73	73	26 condition appear on the driver's license or permit.
74	74	27 (4) The applicant has a service animal due to a disability and
75	75	28 wishes to have an identifying symbol appear on the driver's
76	76	29 license or permit.
77	77	30 (c) The bureau shall keep in a data base and share the information
78	78	31 submitted under subsections (a) and (b)(2) upon request by the Indiana
79	79	32 department of veterans' affairs. The information submitted under
80	80	33 subsections (a) and (b)(2) may be used by the Indiana department of
81	81	34 veterans' affairs to develop outreach programs for veterans and their
82	82	35 families.
83	83	36 (d) The application for a driver's license or permit under this chapter
84	84	37 must indicate that an applicant has the option whether or not to answer
85	85	38 the questions set forth in subsection (a).
86	86	39 SECTION 4. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
87	87	40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	88	41 JULY 1, 2022]: Sec. 5.5. (a) If an individual has:
89	89	42 (1) indicated on the application for a driver's license or learner's
90	90	2022 IN 240—LS 6374/DI 139 3
91	91	1 permit that the individual is a veteran and wishes to have an
92	92	2 indication of the individual's veteran status appear on the driver's
93	93	3 license or learner's permit; and
94	94	4 (2) provided proof at the time of application of the individual's
95	95	5 veteran status;
96	96	6 an indication of the individual's veteran status shall be shown on the
97	97	7 driver's license or learner's permit.
98	98	8 (b) If an individual has:
99	99	9 (1) indicated on the individual's application for a driver's license
100	100	10 or learner's permit that the applicant:
101	101	11 (A) is a surviving spouse of a veteran; and
102	102	12 (B) wishes to have an indication of the applicant's status as a
103	103	13 surviving spouse of a veteran appear on the driver's license or
104	104	14 learner's permit; and
105	105	15 (2) provided the documentation necessary to verify that the
106	106	16 applicant was married, at the time of the decedent's death, to a
107	107	17 veteran;
108	108	18 an indication of the individual's status as a surviving spouse of a
109	109	19 veteran shall be shown on the driver's license or learner's permit.
110	110	20 (c) If an individual submits information concerning the individual's
111	111	21 medical condition in conjunction with the individual's application for
112	112	22 a driver's license or learner's permit, the bureau shall place an
113	113	23 identifying symbol in a prominent location on a driver's license or
114	114	24 learner's permit to indicate that the individual has a medical condition
115	115	25 of note. The bureau shall include information on the individual's
116	116	26 driver's license or learner's permit that briefly describes the individual's
117	117	27 medical condition. The information must be notated in a manner that
118	118	28 alerts an individual reading the driver's license or learner's permit to the
119	119	29 existence of the medical condition. The individual submitting the
120	120	30 information concerning the medical condition is responsible for its
121	121	31 accuracy.
122	122	32 (d) Notwithstanding the July 1, 2021, effective date in HEA
123	123	33 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
124	124	34 1, 2020 (rather than July 1, 2021). If an individual submits
125	125	35 information concerning the individual's use of a service animal due
126	126	36 to a disability in conjunction with the individual's application for
127	127	37 a driver's license or learner's permit, the bureau shall place an
128	128	38 identifying symbol in a prominent location on a driver's license or
129	129	39 learner's permit to indicate that the individual uses a service
130	130	40 animal due to a disability. The bureau shall include information on
131	131	41 the individual's driver's license or learner's permit that briefly
132	132	42 describes the individual's use of a service animal. The information
133	133	2022 IN 240—LS 6374/DI 139 4
134	134	1 must be notated in a manner that alerts an individual reading the
135	135	2 driver's license or learner's permit to the individual's need for a
136	136	3 service animal due to a disability. The individual submitting the
137	137	4 information concerning the use of a service animal is responsible
138	138	5 for its accuracy.
139	139	6 SECTION 5. IC 9-24-16-3, AS AMENDED BY P.L.111-2021,
140	140	7 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
141	141	8 JULY 1, 2022]: Sec. 3. (a) An identification card:
142	142	9 (1) in physical form must have the same dimensions and shape as
143	143	10 a driver's license; and
144	144	11 (2) in the form of a mobile credential must have the same format
145	145	12 as a driver's license;
146	146	13 but the card must have markings sufficient to distinguish the card from
147	147	14 a driver's license.
148	148	15 (b) Except as provided in subsection (g), (h), the front side of a
149	149	16 physical identification card or the top portion of an identification card
150	150	17 in the format of a mobile credential must contain the expiration date of
151	151	18 the identification card and the following information about the
152	152	19 individual to whom the card is being issued:
153	153	20 (1) Full legal name.
154	154	21 (2) The address of the principal residence.
155	155	22 (3) Date of birth.
156	156	23 (4) Date of issue and date of expiration.
157	157	24 (5) Unique identification number.
158	158	25 (6) Gender.
159	159	26 (7) Weight.
160	160	27 (8) Height.
161	161	28 (9) Color of eyes and hair.
162	162	29 (10) Reproduction of the signature of the individual identified.
163	163	30 (11) Whether the individual is blind (as defined in
164	164	31 IC 12-7-2-21(1)).
165	165	32 (12) If the individual is less than eighteen (18) years of age at the
166	166	33 time of issuance, the dates on which the individual will become:
167	167	34 (A) eighteen (18) years of age; and
168	168	35 (B) twenty-one (21) years of age.
169	169	36 (13) If the individual is at least eighteen (18) years of age but less
170	170	37 than twenty-one (21) years of age at the time of issuance, the date
171	171	38 on which the individual will become twenty-one (21) years of age.
172	172	39 (14) Digital photograph of the individual.
173	173	40 (c) The information contained on the identification card as required
174	174	41 by subsection (b)(12) or (b)(13) for an individual who is less than
175	175	42 twenty-one (21) years of age at the time of issuance shall be notated
176	176	2022 IN 240—LS 6374/DI 139 5
177	177	1 prominently on the identification card.
178	178	2 (d) If the individual complies with section 2(f) or 2(g) of this
179	179	3 chapter, an indication of the individual's veteran status or status as the
180	180	4 surviving spouse of a veteran of the armed forces of the United States,
181	181	5 as applicable, shall be shown on the identification card.
182	182	6 (e) If the applicant for an identification card submits information to
183	183	7 the bureau concerning the applicant's medical condition, the bureau
184	184	8 shall place an identifying symbol on the face of the identification card
185	185	9 to indicate that the applicant has a medical condition of note. The
186	186	10 bureau shall include information on the identification card that briefly
187	187	11 describes the medical condition of the holder of the card. The
188	188	12 information must be printed in a manner that alerts a person reading the
189	189	13 card to the existence of the medical condition. The applicant for an
190	190	14 identification card is responsible for the accuracy of the information
191	191	15 concerning the medical condition submitted under this subsection. The
192	192	16 bureau shall inform an applicant that submission of information under
193	193	17 this subsection is voluntary.
194	194	18 (f) If the applicant for an identification card submits
195	195	19 information to the bureau concerning the applicant's use of a
196	196	20 service animal due to a disability, the bureau shall place an
197	197	21 identifying symbol on the face of the identification card to indicate
198	198	22 that the applicant uses a service animal due to a disability. The
199	199	23 bureau shall include information on the identification card that
200	200	24 briefly describes the applicant's use of a service animal due to a
201	201	25 disability of the holder of the card. The information must be
202	202	26 printed in a manner that alerts a person reading the card to the
203	203	27 applicant's use of a service animal due to a disability. The
204	204	28 applicant for an identification card is responsible for the accuracy
205	205	29 of the information concerning the applicant's use of the service
206	206	30 animal due to a disability submitted under this subsection. The
207	207	31 bureau shall inform an applicant that submission of information
208	208	32 under this subsection is voluntary.
209	209	33 (f) (g) An identification card issued by the state to an individual
210	210	34 who:
211	211	35 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
212	212	36 visa status for entry in the United States;
213	213	37 (2) has a pending application for asylum in the United States;
214	214	38 (3) has a pending or approved application for temporary protected
215	215	39 status in the United States;
216	216	40 (4) has approved deferred action status; or
217	217	41 (5) has a pending application for adjustment of status to that of an
218	218	42 alien lawfully admitted for permanent residence in the United
219	219	2022 IN 240—LS 6374/DI 139 6
220	220	1 States or conditional permanent residence status in the United
221	221	2 States;
222	222	3 must be clearly identified as a temporary identification card. A
223	223	4 temporary identification card issued under this subsection may not be
224	224	5 renewed without the presentation of valid documentary evidence
225	225	6 proving that the holder of the identification card's temporary status has
226	226	7 been extended.
227	227	8 (g) (h) For purposes of subsection (b), an individual certified as a
228	228	9 program participant in the address confidentiality program under
229	229	10 IC 5-26.5 is not required to provide the address of the individual's
230	230	11 principal residence, but may provide an address designated by the
231	231	12 office of the attorney general under IC 5-26.5 as the address of the
232	232	13 individual's principal residence.
233	233	14 (h) (i) The bureau shall validate an identification card for motor
234	234	15 driven cycle operation upon a highway by endorsement to an individual
235	235	16 who:
236	236	17 (1) applies for or has previously been issued an identification card
237	237	18 under this chapter;
238	238	19 (2) makes the appropriate application for endorsement; and
239	239	20 (3) satisfactorily completes the test required under section 3.6 of
240	240	21 this chapter.
241	241	22 The bureau shall place a designation on the face of the identification
242	242	23 card to indicate that the individual has received a motor driven cycle
243	243	24 endorsement.
244	244	2022 IN 240—LS 6374/DI 139