IN
Indiana House Bill HB1050

Indiana 2023 Regular Session

Indiana House Bill HB1050 Compare Versions

OldNewDifferences
1+*EH1050.3*
2+Reprinted
3+April 14, 2023
4+ENGROSSED
5+HOUSE BILL No. 1050
6+_____
7+DIGEST OF HB 1050 (Updated April 13, 2023 3:49 pm - DI 137)
8+Citations Affected: IC 6-6; IC 7.1-3; IC 9-13; IC 9-14; IC 9-17;
9+IC 9-18.1; IC 9-18.5; IC 9-21; IC 9-24; IC 9-26; IC 9-27; IC 9-32;
10+IC 9-33; IC 24-5; IC 34-30; noncode.
11+Synopsis: Various motor vehicle matters. Expands the definition of
12+"alternative fuel" to include hydrogen, hythane, electricity, or any other
13+fuel used to propel a motor vehicle on a highway that is not subject to
14+certain taxes. Provides for the taxation of motor carriers using
15+alternative fuels other than butane or propane. Provides that a carrier
16+subject to certain imposed motor vehicle taxes is exempt from
17+submitting to the department of state revenue (department) quarterly
18+reports of the operations of commercial motor vehicles giving rise to
19+(Continued next page)
20+Effective: Upon passage; July 1, 2019 (retroactive); July 1, 2023;
21+January 1, 2024.
22+Pressel, Lehman, DeLaney, Cherry
23+(SENATE SPONSORS — CRIDER, CHARBONNEAU,
24+RANDOLPH LONNIE M)
25+January 9, 2023, read first time and referred to Committee on Roads and Transportation.
26+February 7, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
27+Means pursuant to Rule 127.
28+February 14, 2023, reported — Do Pass.
29+February 16, 2023, read second time, ordered engrossed.
30+February 17, 2023, engrossed.
31+February 20, 2023, read third time, passed. Yeas 92, nays 5.
32+SENATE ACTION
33+February 28, 2023, read first time and referred to Committee on Homeland Security and
34+Transportation.
35+March 16, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
36+Appropriations.
37+April 6, 2023, amended, reported favorably — Do Pass.
38+April 13, 2023, read second time, amended, ordered engrossed.
39+EH 1050—LS 6503/DI 139 Digest Continued
40+the carrier's tax liability as the department may require under certain
41+circumstances. Provides that a carrier that is exempt from the quarterly
42+reporting requirements: (1) must continue to file a quarterly return to
43+obtain a promotional use credit; (2) is required to keep books and
44+records; and (3) is exempt from certain requirements regarding an
45+annual permit, a cab card, and an emblem. Defines "lawful status".
46+Repeals the term "credential". Defines "physical credential". Provides
47+that the bureau of motor vehicles (bureau) may issue a driver's license,
48+permit, or identification card to certain individuals granted parole in
49+the United States under 8 U.S.C. 1182(d)(5). Provides that the bureau
50+may issue rules, including emergency rules, to provide a driver's
51+license, permit, or identification card to certain individuals granted
52+parole, as well as registrations and certificates of title for motor
53+vehicles of certain individuals granted parole. Provides for when a
54+credential issued by the bureau must be in the form of a physical
55+credential or a mobile credential. Provides for the form of the mobile
56+credential. Provides that, beginning July 1, 2023, and each year
57+thereafter, the bureau is required to provide the executive director of
58+the legislative services agency the name of a special group for whom:
59+(1) 10 years have elapsed since the special group was admitted into the
60+special group recognition license plate program; or (2) 10 years have
61+elapsed since the previous review of the special group by the interim
62+study committee on roads and transportation. Provides that if a special
63+group was subject to a decennial review before July 1, 2023, then the
64+next review occurs in the year which is a multiple of 10 years after the
65+year of the special group's admittance to the special group recognition
66+license plate program. Prohibits a consolidated city from installing a
67+sign prohibiting a turn at a steady red signal. Requires the bureau to
68+submit an annual report to the state utility regulatory commission
69+regarding the number of electric vehicles registered by county.
70+Specifies the calculation for the amount of the supplemental fee for
71+hybrid and electric vehicles. Requires a person who drives a vehicle
72+approaching a disabled stationary vehicle with flashing hazard warning
73+signals to do either of the following, while proceeding with due
74+caution: (1) Yield the right-of-way by making a lane change into a lane
75+not adjacent to that of the disabled stationary vehicle, if possible with
76+due regard to safety and traffic conditions, if on a highway having at
77+least four lanes with not less than two lanes proceeding in the same
78+direction as the approaching vehicle. (2) Reduce the speed of the
79+vehicle to a speed at least 10 miles per hour less than the posted speed
80+limit, maintaining a safe speed for road conditions, if changing lanes
81+would be impossible or unsafe. Provides that a person who does not
82+yield the right-of-way or reduce the speed of the person's vehicle
83+commits a Class B infraction. Provides that the term "driver training
84+school" does not include a business enterprise that educates or trains a
85+person or prepares a person to operate a commercial motor vehicle.
86+Allows a driver training school to administer a driving skills test to an
87+individual who holds a valid learner's permit. Provides that certain
88+entities are immune from civil liability for an act or omission occurring
89+during a motorcycle operator safety course that results in an injury or
90+property damage. Provides that administrative procedures of the bureau
91+do not apply to a hearing requested by a nonresident regarding the
92+suspension of the driving privileges of the nonresident for failure to
93+meet the terms of a citation. Provides that a document preparation fee
94+that is less than $200 is permitted and does not constitute an unfair
95+practice. Provides civil immunity for a dealer in an action regarding the
96+resale of a buyback vehicle if the dealer had a reasonable good faith
97+belief the vehicle was not a buyback vehicle. Makes conforming
98+changes.
99+EH 1050—LS 6503/DI 139EH 1050—LS 6503/DI 139 Reprinted
100+April 14, 2023
1101 First Regular Session of the 123rd General Assembly (2023)
2102 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3103 Constitution) is being amended, the text of the existing provision will appear in this style type,
4104 additions will appear in this style type, and deletions will appear in this style type.
5105 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6106 provision adopted), the text of the new provision will appear in this style type. Also, the
7107 word NEW will appear in that style type in the introductory clause of each SECTION that adds
8108 a new provision to the Indiana Code or the Indiana Constitution.
9109 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10110 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1050
12-AN ACT to amend the Indiana Code concerning motor vehicles.
111+ENGROSSED
112+HOUSE BILL No. 1050
113+A BILL FOR AN ACT to amend the Indiana Code concerning
114+motor vehicles.
13115 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-22-22-1, AS AMENDED BY P.L.286-2013,
15-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2023]: Sec. 1. (a) This chapter applies only to personal
17-property owned by a governmental body.
18-(b) This chapter does not apply to dispositions of property described
19-in any of the following:
20-(1) IC 5-22-21-1(b).
21-(2) IC 36-1-11-5.5.
22-(3) IC 36-1-11-5.7.
23-(c) This chapter does not apply to any of the following:
24-(1) The disposal of property under an urban homesteading
25-program under IC 36-7-17 or IC 36-7-17.1.
26-(2) The lease of school buildings under IC 20-47.
27-(3) The sale of land to a lessor in a lease-purchase contract under
28-IC 36-1-10.
29-(4) The disposal of property by a redevelopment commission
30-established under IC 36-7.
31-(5) The leasing of property by a board of aviation commissioners
32-established under IC 8-22-2 or an airport authority established
33-under IC 8-22-3.
34-(6) The disposal of a municipally owned utility under IC 8-1.5.
35-(7) The sale or lease of property by a unit (as defined in
36-IC 36-1-2-23) to an Indiana nonprofit corporation organized for
37-HEA 1050 — CC 1 2
38-educational, literary, scientific, religious, or charitable purposes
39-that is exempt from federal income taxation under Section 501 of
40-the Internal Revenue Code or the sale or reletting of that property
41-by the nonprofit corporation.
42-(8) The disposal of surplus property by a hospital established and
43-operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
44-IC 16-23-1, or IC 16-24-1.
45-(9) The sale or lease of property acquired under IC 36-7-13 for
46-industrial development.
47-(10) The sale, lease, or disposal of property by a local hospital
48-authority under IC 5-1-4.
49-(11) The sale or other disposition of property by a county or
50-municipality to finance housing under IC 5-20-2.
51-(12) The disposition of property by a soil and water conservation
52-district under IC 14-32.
53-(13) The disposal of surplus property by the health and hospital
54-corporation established and operated under IC 16-22-8.
55-(14) The disposal of personal property by a library board under
56-IC 36-12-3-5(c).
57-(15) The sale or disposal of property by the historic preservation
58-commission under IC 36-7-11.1.
59-(16) The disposal of an interest in property by a housing authority
60-under IC 36-7-18.
61-(17) The disposal of property under IC 36-9-37-26.
62-(18) The disposal of property used for park purposes under
63-IC 36-10-7-8.
64-(19) The disposal of curricular materials that will no longer be
65-used by school corporations under IC 20-26-12.
66-(20) The disposal of residential structures or improvements by a
67-municipal corporation without consideration to:
68-(A) a governmental body; or
69-(B) a nonprofit corporation that is organized to expand the
70-supply or sustain the existing supply of good quality,
71-affordable housing for residents of Indiana having low or
72-moderate incomes.
73-(21) The disposal of historic property without consideration to a
74-nonprofit corporation whose charter or articles of incorporation
75-allows the corporation to take action for the preservation of
76-historic property. As used in this subdivision, "historic property"
77-means property that is:
78-(A) listed on the National Register of Historic Places; or
79-(B) eligible for listing on the National Register of Historic
80-HEA 1050 — CC 1 3
81-Places, as determined by the division of historic preservation
82-and archeology of the department of natural resources.
83-(22) The disposal of real property without consideration to:
84-(A) a governmental body; or
85-(B) a nonprofit corporation that exists for the primary purpose
86-of enhancing the environment;
87-when the property is to be used for compliance with a permit or
88-an order issued by a federal or state regulatory agency to mitigate
89-an adverse environmental impact.
90-(23) The disposal of property to a person under an agreement
91-between the person and a governmental body under IC 5-23.
92-(24) The sale, lease, or disposal of property under a fleet
93-management or equipment leasing agreement entered into
94-under IC 5-22-9.
95-SECTION 2. IC 6-6-2.5-1, AS AMENDED BY P.L.212-2014,
116+1 SECTION 1. IC 6-6-1.6-3, AS AMENDED BY P.L.159-2021,
117+2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
118+3 JULY 1, 2023]: Sec. 3. (a) The department shall calculate an annual
119+4 index factor to be used for the rate to take effect each July 1 beginning
120+5 in 2018 through July 1, 2024. 2025. The department shall determine
121+6 the index factor before June 1 of each year using the method described
122+7 in subsection (b).
123+8 (b) The annual gasoline tax index factor and special fuel index
124+9 factor equals the following:
125+10 STEP ONE: Divide the annual CPI-U for the year preceding the
126+11 determination year by the annual CPI-U for the year immediately
127+12 preceding that year.
128+13 STEP TWO: Divide the annual IPI for the year preceding the
129+14 determination year by the annual IPI for the year immediately
130+15 preceding that year.
131+16 STEP THREE: Add:
132+17 (A) the STEP ONE result; and
133+EH 1050—LS 6503/DI 139 2
134+1 (B) the STEP TWO result.
135+2 STEP FOUR: Divide the STEP THREE result by two (2).
136+3 (c) If the CPI-U or IPI for a preceding year is revised, corrected, or
137+4 updated after May 31 of that year, the department shall use the CPI-U
138+5 or IPI as published for the preceding year prior to revision.
139+6 SECTION 2. IC 6-6-2.5-1, AS AMENDED BY P.L.212-2014,
140+7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
141+8 JANUARY 1, 2024]: Sec. 1. As used in this chapter, "alternative fuel"
142+9 means a liquefied petroleum gas, not including a biodiesel fuel or
143+10 biodiesel blend, used in an internal combustion engine or motor to
144+11 propel any form of vehicle, machine, or mechanical contrivance. The
145+12 term includes all forms of fuel commonly or commercially known or
146+13 sold as butane, or propane, hydrogen, hythane, electricity, or any
147+14 other fuel used to propel a motor vehicle on a highway that is not
148+15 subject to the tax imposed under section 28 of this chapter or the
149+16 tax imposed under IC 6-6-1.1.
150+17 SECTION 3. IC 6-6-4.1-2, AS AMENDED BY P.L.198-2016,
151+18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
152+19 JANUARY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b),
153+20 this chapter applies to each:
154+21 (1) road tractor;
155+22 (2) tractor truck;
156+23 (3) truck having more than two (2) axles;
157+24 (4) truck having a gross weight or a declared gross weight greater
158+25 than twenty-six thousand (26,000) pounds; and
159+26 (5) vehicle used in combination if the gross weight or the declared
160+27 gross weight of the combination is greater than twenty-six
161+28 thousand (26,000) pounds; and
162+29 (6) qualified motor vehicle that is subject to the tax reporting
163+30 requirements of the International Fuel Tax Agreement;
164+31 that is propelled by motor fuel.
165+32 (b) This chapter does not apply to the following:
166+33 (1) A vehicle operated by:
167+34 (A) this state;
168+35 (B) a political subdivision (as defined in IC 36-1-2-13);
169+36 (C) the United States; or
170+37 (D) an agency of states and the United States, or of two (2) or
171+38 more states, in which this state participates.
172+39 (2) Trucks, trailers, or semitrailers and tractors that are registered
173+40 as farm trucks, farm trailers, or farm semitrailers and tractors
174+41 under IC 9-18 (before its expiration), IC 9-18.1-7, or a similar law
175+42 of another state.
176+EH 1050—LS 6503/DI 139 3
177+1 (3) A bus (as defined in IC 9-13-2-17).
178+2 (4) A vehicle described in subsection (a)(1) through (a)(3) when
179+3 the vehicle is displaying a dealer registration plate.
180+4 (5) A recreational vehicle.
181+5 (6) A pickup truck that:
182+6 (A) is modified to include a third free rotating axle;
183+7 (B) has a gross weight not greater than twenty-six thousand
184+8 (26,000) pounds; and
185+9 (C) is operated solely for personal use and not for commercial
186+10 use.
187+11 SECTION 4. IC 6-6-4.1-4, AS AMENDED BY P.L.234-2019,
188+12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189+13 JANUARY 1, 2024]: Sec. 4. (a) A tax is imposed on the consumption
190+14 of motor fuel by a carrier in its operations on highways in Indiana. The
191+15 rate of this tax is determined as follows:
192+16 (1) When imposed upon the consumption of special fuel (other
193+17 than an alternative fuel or a natural gas product), the tax rate is
194+18 the same rate per gallon as the rate per gallon at which special
195+19 fuel is taxed under IC 6-6-2.5.
196+20 (2) When imposed upon the consumption of gasoline, the tax rate
197+21 is the same rate per gallon as the rate per gallon at which gasoline
198+22 is taxed under IC 6-6-1.1.
199+23 (3) When imposed upon the consumption of a natural gas product
200+24 or an alternative fuel, the tax rate is either one (1) of the
201+25 following:
202+26 (A) The same rate per diesel gallon equivalent as the rate per
203+27 gallon at which special fuel is taxed under IC 6-6-2.5, in the
204+28 case of liquid natural gas.
205+29 (B) The same rate per gasoline gallon equivalent at which
206+30 special fuel is taxed under IC 6-6-2.5, in the case of
207+31 compressed natural gas or an alternative fuel commonly or
208+32 commercially known or sold as butane or propane.
209+33 (C) The same rate per gallon equivalent at which special
210+34 fuel is taxed under IC 6-6-2.5, in the case of an alternative
211+35 fuel not commonly known or sold as butane or propane,
212+36 divided by:
213+37 (i) the carrier's average miles per gallon for all vehicles
214+38 in the fleet that consume motor fuels described in
215+39 subdivision (1), if the fleet has both vehicles that
216+40 consume motor fuels described in subdivision (1) and
217+41 vehicles that consume alternative fuels that are not
218+42 commonly or commercially known or sold as butane or
219+EH 1050—LS 6503/DI 139 4
220+1 propane; or
221+2 (ii) the carrier's average miles per gallon for the
222+3 preceding quarter of Indiana based International Fuel
223+4 Tax Agreement vehicles consuming motor fuels
224+5 described in subdivision (1) if all vehicles in the fleet
225+6 consume an alternative fuel that is not commonly or
226+7 commercially known or sold as butane or propane.
227+8 The tax shall be paid quarterly by the carrier to the department on or
228+9 before the last day of the month immediately following the quarter. The
229+10 department shall publish on its website each quarter the average
230+11 miles per gallon for the preceding quarter for a vehicle described
231+12 in subdivision (3)(C)(ii).
232+13 (b) Except for an alternative fuel that is not commonly or
233+14 commercially known or sold as butane or propane, the amount of
234+15 motor fuel consumed by a carrier in its operations on highways in
235+16 Indiana is the total amount of motor fuel consumed in its entire
236+17 operations within and without Indiana, multiplied by a fraction. The
237+18 numerator of the fraction is the total number of miles traveled on
238+19 highways in Indiana, and the denominator of the fraction is the total
239+20 number of miles traveled within and without Indiana.
240+21 (c) The amount of tax that a carrier shall pay for a particular quarter
241+22 under this section equals the product of the tax rate in effect for that
242+23 quarter, multiplied by:
243+24 (1) except as provided in subdivision (2), the amount of motor
244+25 fuel consumed by the carrier in its operation on highways in
245+26 Indiana and upon which the carrier has not paid tax imposed
246+27 under IC 6-6-1.1, IC 6-6-2.5, or section 4.5 of this chapter (before
247+28 its repeal); or
248+29 (2) the miles traveled on highways in Indiana for an
249+30 alternative fuel that is not commonly or commercially known
250+31 or sold as butane or propane.
251+32 (d) Subject to section 4.8 of this chapter, a carrier is entitled to a
252+33 proportional use credit against the tax imposed under this section for
253+34 that portion of motor fuel used to propel equipment mounted on a
254+35 motor vehicle having a common reservoir for locomotion on the
255+36 highway and the operation of the equipment, as determined by rule of
256+37 the commissioner. An application for a proportional use credit under
257+38 this subsection shall be filed on a quarterly basis on a form prescribed
258+39 by the department.
259+40 SECTION 5. IC 6-6-4.1-4.8, AS AMENDED BY P.L.185-2018,
260+41 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261+42 JULY 1, 2023]: Sec. 4.8. (a) This section applies only to a claim for a
262+EH 1050—LS 6503/DI 139 5
263+1 proportional use credit under section 4(d) of this chapter or section
264+2 4.5(e) of this chapter (before its repeal) for taxes first due and payable
265+3 after July 31, 1999.
266+4 (b) In order to obtain a proportional use credit against taxes imposed
267+5 under section 4 of this chapter or section 4.5 of this chapter (before its
268+6 repeal) a carrier must file a claim with the department. The claim must
269+7 be submitted on a form prescribed by the department and must be filed
270+8 with the quarterly return for the taxable period for which the
271+9 proportional use credit is claimed. A carrier is not entitled to a
272+10 proportional use credit under section 4(d) of this chapter or section
273+11 4.5(e) of this chapter (before its repeal) unless the carrier:
274+12 (1) has paid in full the taxes to which the credit applies, except
275+13 for an alternative fuel; and
276+14 (2) has filed a claim for the credit on or before the due date of the
277+15 corresponding quarterly return for the taxable period for which
278+16 the proportional use credit is claimed.
279+17 A credit approved under this section shall, subject to this section, be
280+18 refunded to the carrier without interest.
281+19 (c) The department shall determine the aggregate amount of
282+20 proportional use credits claimed under section 4(d) of this chapter or
283+21 section 4.5(e) of this chapter (before its repeal) for each quarter. The
284+22 department may approve the full amount of a proportional use credit
285+23 claimed by a carrier if the aggregate amount of proportional use credits
286+24 claimed for the quarter and for the fiscal year do not exceed the limits
287+25 set forth in subsection (d). If the aggregate amount of proportional use
288+26 credits claimed in a quarter exceeds the limits set forth in subsection
289+27 (d), the department shall pay the claims for that quarter on a pro rata
290+28 basis.
291+29 (d) The department may not approve more than three million five
292+30 hundred thousand dollars ($3,500,000) of proportional use credits
293+31 under this section in a state fiscal year. In addition, the amount of
294+32 proportional use credits the department may approve under this section
295+33 for a quarter may not exceed the following:
296+34 (1) For the quarter ending September 30 of a year, an amount
297+35 equal to one million three hundred seventy-five thousand dollars
298+36 ($1,375,000).
299+37 (2) For the quarter ending December 31 of a year, an amount
300+38 equal to:
301+39 (A) six hundred twenty-five thousand dollars ($625,000); plus
302+40 (B) the greater of zero (0) or the result of:
303+41 (i) the limit determined for the previous quarter under this
304+42 subsection; minus
305+EH 1050—LS 6503/DI 139 6
306+1 (ii) the aggregate amount of claims approved for the
307+2 previous quarter.
308+3 (3) For the quarter ending March 31 of a year, an amount equal
309+4 to:
310+5 (A) six hundred twenty-five thousand dollars ($625,000); plus
311+6 (B) the greater of zero (0) or the result of:
312+7 (i) the limit determined for the previous quarter under this
313+8 subsection; minus
314+9 (ii) the aggregate amount of claims approved for the
315+10 previous quarter.
316+11 (4) For the quarter ending June 30 of a year, an amount equal to:
317+12 (A) eight hundred seventy-five thousand dollars ($875,000);
318+13 plus
319+14 (B) the greater of zero (0) or the result of:
320+15 (i) the limit determined for the previous quarter under this
321+16 subsection; minus
322+17 (ii) the aggregate amount of claims approved for the
323+18 previous quarter.
324+19 (e) A carrier that is exempt from the quarterly reporting
325+20 requirements under section 10 of this chapter must continue to file
326+21 a quarterly return under this section to obtain a proportional use
327+22 credit.
328+23 SECTION 6. IC 6-6-4.1-9 IS AMENDED TO READ AS
329+24 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) Except as
330+25 provided in subsection (b), if there are no records showing the number
331+26 of miles actually operated per gallon of motor fuel and if section 11(c)
332+27 of this chapter is inapplicable, it is presumed for purposes of this
333+28 chapter that one (1) gallon of motor fuel is consumed for every four (4)
334+29 miles traveled.
335+30 (b) This section does not apply to an alternative fuel that is not
336+31 commonly or commercially known or sold as butane or propane.
337+32 SECTION 7. IC 6-6-4.1-10, AS AMENDED BY P.L.45-2011,
338+33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
339+34 JULY 1, 2023]: Sec. 10. (a) Except as provided in section 13 of this
340+35 chapter, each carrier subject to the tax imposed under this chapter shall
341+36 submit to the department such quarterly reports of the operations of
342+37 commercial motor vehicles giving rise to the carrier's tax liability as the
343+38 department may require. The carrier shall submit each quarterly report
344+39 required under this subsection on or before the last day of the month
345+40 immediately following that quarter.
346+41 (b) Subject to the restrictions of this subsection and subsection (c)
347+42 (d) and section 4.8 of this chapter, the department may, by rules
348+EH 1050—LS 6503/DI 139 7
349+1 adopted under IC 4-22-2, exempt any a carrier is exempt from the
350+2 quarterly reporting requirements of this section The department may
351+3 exempt only a carrier who submits an annual affidavit attesting that: if
352+4 (1) all or substantially all of:
353+5 (1) the mileage of the carrier in the previous calendar year was the
354+6 result of operations in Indiana; and
355+7 (2) all or substantially all of the motor fuel used in the operations
356+8 of the carrier in the previous calendar year was purchased in
357+9 Indiana or and the carrier paid the tax imposed under
358+10 IC 6-6-1.1 or IC 6-6-2.5.
359+11 (3) the carrier is from a state that has a reciprocity agreement with
360+12 the state of Indiana relating to motor fuel taxes.
361+13 (c) The department may exempt carriers under subsection (b) only
362+14 if:
363+15 (1) granting exemptions will not adversely affect the enforcement
364+16 of this chapter; and
365+17 (2) the carriers that apply for exemptions purchased an equitable
366+18 amount of motor fuel in Indiana.
367+19 (c) A carrier is required to report and to pay the tax imposed by
368+20 this chapter only on alternative fuel if:
369+21 (1) all or substantially all of the mileage of the carrier in a
370+22 quarter is the result of operations in Indiana; and
371+23 (2) the motor fuel used for operations during the quarter was
372+24 purchased in Indiana, some of which was alternative fuel.
373+25 (d) A carrier that is exempt under subsection (b) or meets the
374+26 requirements of subsection (c) is subject to section 20 of this
375+27 chapter and is required to keep books and records as required by
376+28 IC 6-8.1-5 regarding the tax imposed under section 4 of this
377+29 chapter.
378+30 (d) (e) Each carrier shall submit to the department any other reports
379+31 required by the department.
380+32 (e) (f) All reports required to be filed under this chapter must be
381+33 filed in an electronic format prescribed by the department.
382+34 (f) (g) All taxes required to be remitted under this chapter must be
383+35 remitted in an electronic format prescribed by the department.
384+36 SECTION 8. IC 6-6-4.1-12, AS AMENDED BY P.L.182-2009(ss),
385+37 SECTION 235, IS AMENDED TO READ AS FOLLOWS
386+38 [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) Except as provided in
387+39 subsection (h) and as authorized under section 13 of this chapter, a
388+40 carrier may operate a commercial motor vehicle upon the highways in
389+41 Indiana only if the carrier has been issued an annual permit, cab card,
390+42 and emblem under this section.
391+EH 1050—LS 6503/DI 139 8
392+1 (b) Except as provided in subsection (h), the department shall
393+2 issue:
394+3 (1) an annual permit; and
395+4 (2) a cab card and an emblem for each commercial motor vehicle
396+5 that will be operated by the carrier upon the highways in Indiana;
397+6 to a carrier who applies for an annual permit and pays to the
398+7 department an annual permit fee of twenty-five dollars ($25) not later
399+8 than September 1 of the year before the annual permit is effective
400+9 under subsection (c).
401+10 (c) Except as provided in subsection (h), the annual permit, cab
402+11 card, and emblem are effective from January 1 of each year through
403+12 December 31 of the same year. The department may extend the
404+13 expiration date of the annual permit, cab card, and emblem for no more
405+14 than sixty (60) days. The annual permit, each cab card, and each
406+15 emblem issued to a carrier remain the property of this state and may be
407+16 suspended or revoked by the department for any violation of this
408+17 chapter or of the rules concerning this chapter adopted by the
409+18 department under IC 4-22-2.
410+19 (d) Except as provided in subsection (h), as evidence of
411+20 compliance with this section, and for the purpose of enforcement, a
412+21 carrier shall display on each commercial motor vehicle an emblem
413+22 when the vehicle is being operated by the carrier in Indiana. The carrier
414+23 shall affix the emblem to the vehicle in the location designated by the
415+24 department. The carrier shall display in each vehicle the cab card
416+25 issued by the department. The carrier shall retain the original annual
417+26 permit at the address shown on the annual permit. During the month of
418+27 December, the carrier shall display the cab card and emblem that are
419+28 valid through December 31 or a full year cab card and emblem issued
420+29 to the carrier for the ensuing twelve (12) months. If the department
421+30 grants an extension of the expiration date, the carrier shall continue to
422+31 display the cab card and emblem upon which the extension was
423+32 granted.
424+33 (e) If a commercial motor vehicle is operated by more than one (1)
425+34 carrier, as evidence of compliance with this section and for purposes
426+35 of enforcement each carrier shall display in the commercial motor
427+36 vehicle a reproduced copy of the carrier's annual permit when the
428+37 vehicle is being operated by the carrier in Indiana.
429+38 (f) A person who fails to display an emblem required by this section
430+39 on a commercial motor vehicle, does not have proof in the vehicle that
431+40 the annual permit has been obtained, and operates that vehicle on an
432+41 Indiana highway commits a Class C infraction. Each day of operation
433+42 without an emblem constitutes a separate infraction. Notwithstanding
434+EH 1050—LS 6503/DI 139 9
435+1 IC 34-28-5-4, a judgment of not less than one hundred dollars ($100)
436+2 shall be entered for each Class C infraction under this subsection.
437+3 (g) A person who displays an altered, false, or fictitious cab card
438+4 required by this section in a commercial motor vehicle, does not have
439+5 proof in the vehicle that the annual permit has been obtained, and
440+6 operates that vehicle on an Indiana highway commits a Class C
441+7 infraction. Each day of operation with an altered, false, or fictitious cab
442+8 card constitutes a separate infraction.
443+9 (h) A carrier is exempt from the requirements under subsections
444+10 (a) through (d) if the carrier is exempt from the quarterly
445+11 reporting requirement under section 10(b) of this chapter.
446+12 (i) A carrier that meets the requirements of section 10(c) of this
447+13 chapter shall display an emblem on a vehicle that consumes
448+14 alternative fuel.
449+15 SECTION 9. IC 6-6-4.1-17, AS AMENDED BY P.L.185-2018,
450+16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
451+17 JULY 1, 2023]: Sec. 17. If a carrier:
452+18 (1) fails to file a quarterly report required by this chapter;
453+19 (2) fails to pay the tax imposed under section 4 of this chapter or
454+20 section 4.5 of this chapter (before its repeal);
455+21 (3) files a report after the date established under this chapter;
456+22 (4) with respect to a listed tax (as defined in IC 6-8.1-1-1), fails
457+23 to file all tax returns or information reports or to pay all taxes,
458+24 penalties, and interest;
459+25 (5) fails to file a form or report required under this chapter or the
460+26 International Fuel Tax Agreement in an electronic format
461+27 prescribed by the department; or
462+28 (6) fails to remit taxes under section 10(f) 10(g) of this chapter;
463+29 the commissioner may suspend or revoke any annual permit, trip
464+30 permit, temporary authorization, or repair and maintenance permit
465+31 issued to the carrier. The commissioner may reinstate a permit or
466+32 temporary authorization if a carrier files all required returns and reports
467+33 and pays all outstanding liabilities.
468+34 SECTION 10. IC 7.1-3-23-20.5, AS AMENDED BY P.L.85-2017,
469+35 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
470+36 JULY 1, 2023]: Sec. 20.5. (a) As used in this section, "adult
471+37 entertainment" means adult oriented entertainment in which performers
472+38 disrobe or perform in an unclothed state for entertainment.
473+39 (b) This section applies to the holder of a retailer's permit that
474+40 provides adult entertainment on the licensed premises.
475+41 (c) The holder of a retailer's permit that provides adult entertainment
476+42 on the licensed premises shall do the following:
477+EH 1050—LS 6503/DI 139 10
478+1 (1) Require a performer who provides adult entertainment on the
479+2 licensed premises to provide proof of age by at least one (1) form
480+3 of government issued identification, including a:
481+4 (A) state issued driver's license;
482+5 (B) state issued identification card; or
483+6 (C) passport;
484+7 showing the performer to be at least eighteen (18) years of age.
485+8 (2) Require a performer who provides adult entertainment on the
486+9 licensed premises to provide proof of legal residency in the
487+10 United States by means of:
488+11 (A) a birth certificate;
489+12 (B) a Social Security card;
490+13 (C) a passport;
491+14 (D) valid documentary evidence described in of lawful status
492+15 under IC 9-24-9-2.5; or
493+16 (E) other valid documentary evidence issued by the United
494+17 States demonstrating that the performer is entitled to reside in
495+18 the United States.
496+19 (3) Take a photograph of each adult entertainer who auditions to
497+20 provide adult entertainment at the licensed premises at the time
498+21 of the audition and retain the photograph for at least three (3)
499+22 years after:
500+23 (A) the date of the audition; or
501+24 (B) the last day on which the performer provides adult
502+25 entertainment at the licensed premises;
503+26 whichever is later. A photograph taken under this subdivision
504+27 may show only the adult entertainer's facial features.
505+28 (4) Require all performers and other employees of the retail
506+29 permit holder to sign a document approved by the commission to
507+30 acknowledge their awareness of the problem of human trafficking.
508+31 (5) Display human trafficking awareness posters in at least two
509+32 (2) of the following locations on the licensed premises:
510+33 (A) The office of the manager of the licensed premises.
511+34 (B) The locker room used by performers or other employees.
512+35 (C) The break room used by performers or other employees.
513+36 Posters displayed under this subdivision must describe human
514+37 trafficking, state indicators of human trafficking (such as
515+38 restricted freedom of movement and signs of physical abuse), set
516+39 forth hotline telephone numbers for law enforcement, and be
517+40 approved by the commission.
518+41 (6) Cooperate with any law enforcement investigation concerning
519+42 allegations of a violation of this section.
520+EH 1050—LS 6503/DI 139 11
521+1 (d) The commission may revoke, suspend, or refuse to renew the
522+2 permit issued for the licensed premises if the holder fails to comply
523+3 with subsection (c).
524+4 (e) In determining whether to revoke, suspend, or refuse to renew
525+5 the permit issued for a licensed premises under subsection (d), the
526+6 commission may consider:
527+7 (1) the extent to which the permit holder has cooperated with any
528+8 law enforcement investigation as required by subsection (c)(6);
529+9 and
530+10 (2) whether the permit holder has provided training to performers
531+11 who provide adult entertainment at the permit holder's licensed
532+12 premises and other employees of the licensed premises through a
533+13 program that:
534+14 (A) is designed to increase the awareness of human trafficking
535+15 and assist victims of human trafficking; and
536+16 (B) has been approved by:
537+17 (i) a department of the United States government; or
538+18 (ii) a nationwide association made up of operators who run
539+19 adult entertainment establishments.
540+20 SECTION 11. IC 9-13-2-39.7 IS REPEALED [EFFECTIVE JULY
541+21 1, 2023]. Sec. 39.7. "Credential" means the following:
542+22 (1) The following forms of documentation in physical form issued
543+23 by the bureau under IC 9-24:
544+24 (A) A driver's license.
545+25 (B) A learner's permit.
546+26 (C) An identification card.
547+27 (D) A photo exempt identification card.
548+28 (2) The following forms of documentation in the form of a mobile
549+29 credential issued by the bureau under IC 9-24:
550+30 (A) Except for a commercial driver's license issued under
551+31 IC 9-24-6.1, a driver's license.
552+32 (B) Except for a commercial learner's permit issued under
553+33 IC 9-24-6.1, a learner's permit.
554+34 (C) An identification card.
555+35 (3) For the purposes of IC 9-24-17.7, any form of documentation
556+36 in physical form or digital form accessible on a mobile device
557+37 issued by the bureau under IC 9-24.
558+38 SECTION 12. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
559+39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
560+40 JULY 1, 2023]: Sec. 48. (a) "Driver's license" means the following:
561+41 (1) Any type of license issued by the state in physical the form of
562+42 a physical credential authorizing an individual to operate the
563+EH 1050—LS 6503/DI 139 12
564+1 type of vehicle for which the license was issued, in the manner for
565+2 which the license was issued, on a highway. The term includes
566+3 any endorsements added to the license under IC 9-24-8.5.
567+4 (2) Except for a commercial driver's license issued under
568+5 IC 9-24-6.1, any type of license issued by the state in the form of
569+6 a mobile credential authorizing an individual to operate the type
570+7 of vehicle for which the license was issued, in the manner for
571+8 which the license was issued, on a highway. The term includes
572+9 any endorsements added to the license under IC 9-24-8.5.
573+10 (b) Notwithstanding the July 1, 2021, effective date in HEA
574+11 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
575+12 1, 2020 (rather than July 1, 2021).
576+13 SECTION 13. IC 9-13-2-74.5, AS AMENDED BY P.L.120-2020,
577+14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
578+15 JULY 1, 2023]: Sec. 74.5. (a) "Identification card" means an
579+16 identification document issued by a state government either in physical
580+17 the form of a physical credential or in the form of a mobile credential
581+18 for purposes of identification.
582+19 (b) Notwithstanding the July 1, 2021, effective date in HEA
583+20 1506-2019, SECTION 34 (P.L.178-2019), this section takes effect July
584+21 1, 2020 (rather than July 1, 2021).
585+22 SECTION 14. IC 9-13-2-92.3 IS ADDED TO THE INDIANA
586+23 CODE AS A NEW SECTION TO READ AS FOLLOWS
587+24 [EFFECTIVE JULY 1, 2023]: Sec. 92.3. "Lawful status" means that
588+25 an individual has lawful status as:
589+26 (1) a citizen or national of the United States; or
590+27 (2) an alien who:
591+28 (A) is lawfully admitted for permanent residence or
592+29 temporary residence;
593+30 (B) has conditional permanent resident status;
594+31 (C) has a pending or approved application for asylum;
595+32 (D) has refugee status;
596+33 (E) has valid nonimmigrant status;
597+34 (F) has a pending or approved application for temporary
598+35 protected status;
599+36 (G) has approved deferred action status; or
600+37 (H) has a pending application for lawful permanent
601+38 resident status or conditional permanent resident status;
602+39 in the United States.
603+40 SECTION 15. IC 9-13-2-103.4, AS AMENDED BY P.L.120-2020,
604+41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605+42 JULY 1, 2023]: Sec. 103.4. (a) "Mobile credential" means a digital
606+EH 1050—LS 6503/DI 139 13
607+1 representation data issued to a telecommunications device by the
608+2 bureau under IC 9-24-17.5 of the information contained on the
609+3 following:
610+4 (1) A driver's license.
611+5 (2) A learner's permit.
612+6 (3) An identification card.
613+7 The term does not include a commercial driver's license or commercial
614+8 learner's permit issued under IC 9-24-6.1, a motorcycle learner's
615+9 permit issued under IC 9-24-8-3, a photo exempt driver's license
616+10 issued under IC 9-24-11-5(b), or a photo exempt identification card
617+11 issued under IC 9-24-16.5.
618+12 (b) Notwithstanding the July 1, 2021, effective date in HEA
619+13 1506-2019, SECTION 36 (P.L.178-2019), this section takes effect July
620+14 1, 2020 (rather than July 1, 2021).
621+15 SECTION 16. IC 9-13-2-121.5 IS ADDED TO THE INDIANA
622+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
623+17 [EFFECTIVE UPON PASSAGE]: Sec. 121.5. (a) "Parole" means
624+18 temporary legal presence in the United States under 8 U.S.C.
625+19 1182(d)(5) granted to an individual who:
626+20 (1) is a citizen or national of Ukraine or last was a habitual
627+21 resident of Ukraine; and
628+22 (2) meets the criteria established under Section 401(a) of the
629+23 Additional Ukraine Supplemental Appropriations Act (Public
630+24 Law 117-128) as in effect on January 1, 2023.
631+25 (b) The term is not a lawful status as defined in section 92.3 of
632+26 this chapter.
633+27 SECTION 17. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
634+28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
635+29 JULY 1, 2023]: Sec. 123.5. (a) "Permit" means the following:
636+30 (1) A permit issued by the state in physical the form of a physical
637+31 credential authorizing an individual to operate the type of vehicle
638+32 for which the permit was issued on public streets, roads, or
639+33 highways with certain restrictions. The term under this
640+34 subdivision includes the following:
641+35 (A) A learner's permit.
642+36 (B) A motorcycle learner's permit.
643+37 (C) A commercial learner's permit.
644+38 (2) A permit issued by the state in the form of a mobile credential
645+39 authorizing an individual to operate the type of vehicle for which
646+40 the permit was issued on public streets, roads, or highways with
647+41 certain restrictions. The term under this subdivision includes a
648+42 learner's permit. and a motorcycle permit. The term under this
649+EH 1050—LS 6503/DI 139 14
650+1 subdivision does not include a motorcycle learner's permit or
651+2 a commercial learner's permit.
652+3 (b) Notwithstanding the July 1, 2021, effective date in HEA
653+4 1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
654+5 1, 2020 (rather than July 1, 2021).
655+6 SECTION 18. IC 9-13-2-125.6 IS ADDED TO THE INDIANA
656+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
657+8 [EFFECTIVE JULY 1, 2023]: Sec. 125.6. "Physical credential"
658+9 means the following forms of documentation issued by the bureau
659+10 under IC 9-24 in physical form:
660+11 (1) A driver's license.
661+12 (2) A learner's permit.
662+13 (3) A motorcycle learner's permit.
663+14 (4) An identification card.
664+15 (5) A photo exempt identification card.
665+16 (6) A commercial driver's license or commercial learner's
666+17 permit.
667+18 SECTION 19. IC 9-14-12-2, AS AMENDED BY P.L.164-2020,
668+19 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
669+20 JULY 1, 2023]: Sec. 2. The bureau shall maintain the following
670+21 records:
671+22 (1) All records related to or concerning certificates of title issued
672+23 by the bureau under IC 9-17 and IC 9-31 (before its repeal),
673+24 including the following:
674+25 (A) An original certificate of title and all assignments and
675+26 reissues of the certificate of title.
676+27 (B) All documents submitted in support of an application for
677+28 a certificate of title.
678+29 (C) Any notations recorded on a certificate of title.
679+30 (D) A listing of all reported buyback vehicles, including all
680+31 vehicles in which a manufacturer accepts a return of a
681+32 motor vehicle that is considered a buyback vehicle under
682+33 IC 24-5-13.5, in accordance with IC 9-17-3-3.5.
683+34 (E) Any inspection that is conducted:
684+35 (i) by an employee of the bureau or commission; and
685+36 (ii) with respect to a certificate of title issued by the bureau.
686+37 (2) All records related to or concerning registrations issued under
687+38 IC 9-18 (before its expiration), IC 9-18.1, or IC 9-31 (before its
688+39 repeal), including the following:
689+40 (A) The distinctive registration number assigned to each
690+41 vehicle registered under IC 9-18 (before its expiration) or
691+42 IC 9-18.1 or each watercraft registered under IC 9-31 (before
692+EH 1050—LS 6503/DI 139 15
693+1 its repeal).
694+2 (B) All documents submitted in support of applications for
695+3 registration.
696+4 (3) All records related to or concerning physical credentials or
697+5 mobile credentials issued by the bureau under IC 9-24, including
698+6 applications and information submitted by applicants.
699+7 (4) All driving records maintained by the bureau under section 3
700+8 of this chapter.
701+9 (5) A record of each individual that acknowledges making an
702+10 anatomical gift as set forth in IC 9-24-17.
703+11 SECTION 20. IC 9-17-3-3.5, AS AMENDED BY P.L.27-2018,
704+12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
705+13 JULY 1, 2023]: Sec. 3.5. (a) This section applies to a vehicle for which
706+14 a certificate of title is required to be obtained under IC 24-5-13.5-12.
707+15 (b) The bureau shall do the following:
708+16 (1) For a subsequent request for a new certificate of title for a
709+17 buyback vehicle, whether titled in Indiana or any other state,
710+18 cause the words "Manufacturer Buyback ) Disclosure on File" to
711+19 appear on the new certificate of title.
712+20 (2) Maintain a listing of all reported buyback vehicles in
713+21 accordance with this section, maintain a record of the disclosure
714+22 document required by IC 24-5-13.5-10(3), IC 24-5-13.5-10(b)(3),
715+23 and allow access to the listing and disclosure document upon
716+24 written application.
717+25 SECTION 21. IC 9-18.1-5-12, AS ADDED BY P.L.218-2017,
718+26 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
719+27 JULY 1, 2023]: Sec. 12. (a) The supplemental fee in this section
720+28 applies after December 31, 2017, to each electric vehicle and hybrid
721+29 vehicle that is required to be registered under IC 9-18.1. this article.
722+30 The supplemental fee in this section does not apply to vehicles
723+31 subject to the motor carrier fuel tax under IC 6-6-4.1.
724+32 (b) As used in this section, "electric vehicle" means a vehicle that:
725+33 (1) is propelled by an electric motor powered by a battery or other
726+34 electrical device incorporated into the vehicle; and
727+35 (2) is not propelled by an engine powered by the combustion of
728+36 a hydrocarbon fuel, including gasoline, diesel, propane, or liquid
729+37 natural gas.
730+38 (c) As used in this section, "hybrid vehicle" means a vehicle that:
731+39 (1) draws propulsion energy from both an internal combustion
732+40 engine and an energy storage device; and
733+41 (2) employs a regenerative braking system to recover waste
734+42 energy to charge the energy storage device that is providing
735+EH 1050—LS 6503/DI 139 16
736+1 propulsion energy.
737+2 (d) In addition to any other fee required to register an electric
738+3 vehicle under this chapter, the supplemental fee to register an electric
739+4 vehicle is one hundred fifty dollars ($150). through December 31,
740+5 2022. Before October 1, 2022, and before each October 1 of every fifth
741+6 year thereafter, The bureau shall determine a new fee amount to take
742+7 effect as of January 1 of the following year by determining the product
743+8 of:
744+9 (1) Before October 1, 2023:
745+10 (A) the fee in effect for the determination year; multiplied
746+11 by
747+12 (B) the factor determined under IC 6-6-1.6-2(b).
748+13 (2) Before October 1 of each year thereafter:
749+14 (A) the fee in effect for the determination year; multiplied
750+15 by
751+16 (B) the factor determined under IC 6-6-1.6-3.
752+17 (1) the fee in effect for the determination year; multiplied by
753+18 (2) the factor determined under IC 6-6-1.6-2.
754+19 The fee shall be rounded to the nearest dollar.
755+20 (e) In addition to any other fee required to register a hybrid vehicle
756+21 under this chapter, the supplemental fee to register a hybrid vehicle is
757+22 fifty dollars ($50). through December 31, 2022. Before October 1,
758+23 2022, and before each October 1 of every fifth year thereafter, The
759+24 bureau shall determine a new fee amount to take effect as of January 1
760+25 of the following year by determining the product of:
761+26 (1) Before October 1, 2023:
762+27 (A) the fee in effect for the determination year; multiplied
763+28 by
764+29 (B) the factor determined under IC 6-6-1.6-2(b).
765+30 (2) Before October 1 of each year thereafter:
766+31 (A) the fee in effect for the determination year; multiplied
767+32 by
768+33 (B) the factor determined under IC 6-6-1.6-3.
769+34 (1) the fee in effect for the determination year; multiplied by
770+35 (2) the factor determined under IC 6-6-1.6-2.
771+36 The fee shall be rounded to the nearest dollar.
772+37 (f) The fee shall be deposited in the local road and bridge matching
773+38 grant fund established by IC 8-23-30-2.
774+39 (g) The bureau shall submit a report annually to the Indiana
775+40 utility regulatory commission that includes information regarding
776+41 the number of electric vehicles registered by county.
777+42 SECTION 22. IC 9-18.5-12-5, AS AMENDED BY P.L.111-2021,
778+EH 1050—LS 6503/DI 139 17
779+1 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
780+2 JULY 1, 2023]: Sec. 5. (a) Beginning July 1, 2023, and each year
781+3 thereafter, the bureau shall forward to the executive director of the
782+4 legislative services agency in an electronic format under IC 5-14-6 for
783+5 review by the committee the name of a special group for whom:
784+6 (1) that was awarded initially a special group recognition license
785+7 plate by the bureau more than ten (10) years in the past; and ten
786+8 (10) years have elapsed since the special group was admitted
787+9 into the special group recognition license plate program; or
788+10 (2) whose special group recognition license plate has not been
789+11 reviewed by the special group recognition license plate committee
790+12 established by IC 2-5-36.2-4 (repealed) or the committee during
791+13 the ten (10) year period following the initial or subsequent award
792+14 of the special group recognition license plate. ten (10) years have
793+15 elapsed since the previous review of the special group by the
794+16 special group recognition license plate committee established
795+17 by IC 2-5-36.2-4 (repealed) or the committee as required
796+18 under this section.
797+19 Upon receipt of the name of a special group, except for a petition under
798+20 section 3(a)(8) of this chapter, the committee shall require the special
799+21 group to submit to the committee evidence of the criteria set forth in
800+22 section 3 of this chapter. Upon submission of the criteria, the
801+23 committee shall review the suitability of the special group to continue
802+24 participating in the special group recognition license plate program. In
803+25 the review, the committee shall consider the criteria set forth in section
804+26 3 of this chapter and may seek additional evidence of the criteria from
805+27 a special group. The committee shall recommend to the bureau that
806+28 participation in the special group recognition license plate program be
807+29 terminated if the committee finds that termination is appropriate
808+30 because the special group is not suitable for inclusion in the special
809+31 group license plate program.
810+32 (b) If a special group was subject to a decennial review under
811+33 this section before July 1, 2023, then the next review occurs in the
812+34 year which is a multiple of ten (10) years after the year of the
813+35 special group's admittance to the special group recognition license
814+36 plate program under this section.
815+37 (b) (c) Upon receiving a recommendation of termination for a
816+38 special group under subsection (a), the bureau may:
817+39 (1) terminate the special group from participation in the special
818+40 group recognition license plate program; or
819+41 (2) allow the special group to continue participating in the special
820+42 group recognition license plate program for a period of not more
821+EH 1050—LS 6503/DI 139 18
822+1 than eighteen (18) months.
823+2 (c) (d) If the bureau terminates the participation of a special group
824+3 under subsection (b)(1): (c)(1):
825+4 (1) the bureau may not issue additional special group recognition
826+5 license plates of the special group to plateholders; and
827+6 (2) a plateholder may not renew a special group recognition
828+7 license plate of the special group.
829+8 If the special group desires to continue participating in the special
830+9 group recognition license plate program, the special group must submit
831+10 an application to the bureau containing the criteria set forth in section
832+11 3 of this chapter. The bureau shall then follow the procedure set forth
833+12 in section 3 of this chapter.
834+13 (d) (e) If the bureau allows a special group to continue participating
835+14 in the special group recognition license plate program for a period
836+15 under subsection (b)(2), (c)(2), the bureau shall:
837+16 (1) establish the duration of the set period under subsection
838+17 (b)(2); (c)(2); and
839+18 (2) require the special group to submit to the bureau:
840+19 (A) evidence of the criteria set forth in section 3 of this
841+20 chapter; and
842+21 (B) any additional information the bureau determines is
843+22 necessary.
844+23 (e) (f) The bureau shall:
845+24 (1) review the evidence and additional information submitted by
846+25 a special group under subsection (d)(2); (e)(2); and
847+26 (2) determine whether to terminate or continue the participation
848+27 of the special group in the special group recognition license plate
849+28 program.
850+29 (f) (g) After the review under subsection (e), (f), if the bureau
851+30 terminates the participation of the special group and the special group
852+31 desires to continue participating, the special group must submit an
853+32 application to the bureau containing the criteria set forth in section 3 of
854+33 this chapter. The bureau shall then follow the procedure set forth in
855+34 section 3 of this chapter.
856+35 (g) (h) After the review under subsection (e), (f), if the bureau
857+36 continues the participation of the special group in the special group
858+37 recognition license plate program, the bureau may do one (1) or more
859+38 of the following:
860+39 (1) Allow the special group to remedy the defect or the violation
861+40 that caused the special group to not be suitable for inclusion in the
862+41 special group recognition license plate program.
863+42 (2) Place restrictions on or temporarily suspend the sales of
864+EH 1050—LS 6503/DI 139 19
865+1 special group recognition license plates for the special group.
866+2 (3) Require the special group to appear before the commission for
867+3 review or reinstatement, or both.
868+4 (h) (i) The bureau may suspend the issuance of a special group
869+5 recognition license plate for a special group if the bureau, upon
870+6 investigation, has determined that the special group has advocated or
871+7 committed a violation of federal or state law.
872+8 SECTION 23. IC 9-18.5-29-3, AS AMENDED BY P.L.118-2022,
873+9 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
874+10 JULY 1, 2023]: Sec. 3. (a) An individual who registers a vehicle under
875+11 this title may apply for and receive a Hoosier veteran license plate for
876+12 one (1) or more vehicles upon doing the following:
877+13 (1) Completing an application for a Hoosier veteran license plate.
878+14 (2) Presenting one (1) of the following to the bureau:
879+15 (A) A United States Uniformed Services Retiree Identification
880+16 Card.
881+17 (B) A DD 214 or DD 215 record.
882+18 (C) United States military discharge papers.
883+19 (D) A current armed forces identification card.
884+20 (E) A physical credential or mobile credential issued to the
885+21 individual that contains an indication of veteran status under
886+22 IC 9-24-11-5.5.
887+23 (3) Paying a fee in an amount of fifteen dollars ($15).
888+24 (b) The bureau shall distribute at least one (1) time each month the
889+25 fee described in subsection (a)(3) to the director of veterans' affairs for
890+26 deposit in the military family relief fund established under
891+27 IC 10-17-12-8.
892+28 SECTION 24. IC 9-21-3-7, AS AMENDED BY P.L.149-2015,
893+29 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
894+30 JULY 1, 2023]: Sec. 7. (a) Whenever traffic is controlled by traffic
895+31 control signals exhibiting different colored lights or colored lighted
896+32 arrows successively, one (1) at a time or in combination, only the
897+33 colors green, red, or yellow may be used, except for special pedestrian
898+34 signals under IC 9-21-18.
899+35 (b) The lights indicate and apply to drivers of vehicles and
900+36 pedestrians as follows:
901+37 (1) Green indication means the following:
902+38 (A) Vehicular traffic facing a circular green signal may
903+39 proceed straight through or turn right or left, unless a sign at
904+40 the place prohibits either turn.
905+41 (B) Vehicular traffic, including vehicles turning right or left,
906+42 shall yield the right-of-way to other vehicles and to pedestrians
907+EH 1050—LS 6503/DI 139 20
908+1 lawfully within the intersection or an adjacent sidewalk at the
909+2 time the signal is exhibited.
910+3 (C) Vehicular traffic facing a green arrow signal, shown alone
911+4 or in combination with another indication, may cautiously
912+5 enter the intersection only to make the movement indicated by
913+6 the green arrow or other movement permitted by other
914+7 indications shown at the same time.
915+8 (D) Vehicular traffic shall yield the right-of-way to pedestrians
916+9 lawfully within an adjacent crosswalk and to other traffic
917+10 lawfully using the intersection.
918+11 (E) Unless otherwise directed by a pedestrian control signal,
919+12 pedestrians facing a green signal, except when the sole green
920+13 signal is a turn arrow, may proceed across the roadway within
921+14 a marked or unmarked crosswalk.
922+15 (2) Steady yellow indication means the following:
923+16 (A) Vehicular traffic facing a steady circular yellow or yellow
924+17 arrow signal is warned that the related green movement is
925+18 being terminated and that a red indication will be exhibited
926+19 immediately thereafter.
927+20 (B) A pedestrian facing a steady circular yellow or yellow
928+21 arrow signal, unless otherwise directed by a pedestrian control
929+22 signal, is advised that there is insufficient time to cross the
930+23 roadway before a red indication is shown, and a pedestrian
931+24 may not start to cross the roadway at that time.
932+25 (3) Steady red indication means the following:
933+26 (A) Except as provided in clauses (B) and (D), vehicular
934+27 traffic facing a steady circular red or red arrow signal shall
935+28 stop at a clearly marked stop line. However, if there is no
936+29 clearly marked stop line, vehicular traffic shall stop before
937+30 entering the crosswalk on the near side of the intersection. If
938+31 there is no crosswalk, vehicular traffic shall stop before
939+32 entering the intersection and shall remain standing until an
940+33 indication to proceed is shown.
941+34 (B) Except when a sign is in place prohibiting a turn described
942+35 in this subdivision, vehicular traffic facing a steady red signal,
943+36 after coming to a complete stop, may cautiously enter the
944+37 intersection to do the following:
945+38 (i) Make a right turn.
946+39 (ii) Make a left turn if turning from the left lane of a
947+40 one-way street into another one-way street with the flow of
948+41 traffic.
949+42 Vehicular traffic making a turn described in this subdivision
950+EH 1050—LS 6503/DI 139 21
951+1 shall yield the right-of-way to pedestrians lawfully within an
952+2 adjacent crosswalk and to other traffic using the intersection.
953+3 (C) Unless otherwise directed by a pedestrian control signal
954+4 pedestrians facing a steady circular red or red arrow signal
955+5 may not enter the roadway.
956+6 (D) This clause does not apply to the operation of an
957+7 autocycle. If the operator of a motorcycle, motor driven cycle,
958+8 or bicycle approaches an intersection that is controlled by a
959+9 traffic control signal, the operator may proceed through the
960+10 intersection on a steady red signal only if the operator:
961+11 (i) comes to a complete stop at the intersection for at least
962+12 one hundred twenty (120) seconds; and
963+13 (ii) exercises due caution as provided by law, otherwise
964+14 treats the traffic control signal as a stop sign, and determines
965+15 that it is safe to proceed.
966+16 (4) No indication or conflicting indications means the following:
967+17 (A) Except as provided in clause (C), vehicular traffic facing
968+18 an intersection having a signal that displays no indication or
969+19 conflicting indications, where no other control is present, shall
970+20 stop before entering the intersection.
971+21 (B) After stopping, vehicular traffic may proceed with caution
972+22 through the intersection and shall yield the right-of-way to
973+23 traffic within the intersection or approaching so closely as to
974+24 constitute an immediate hazard.
975+25 (C) Vehicular traffic entering an intersection or crosswalk
976+26 facing a pedestrian hybrid beacon may proceed without
977+27 stopping if no indication is displayed on the pedestrian hybrid
978+28 beacon.
979+29 (5) This section applies to traffic control signals located at a place
980+30 other than an intersection. A stop required under this subdivision
981+31 must be made at the signal, except when the signal is
982+32 supplemented by a sign or pavement marking indicating where
983+33 the stop must be made.
984+34 (c) A consolidated city may not adopt an ordinance requiring
985+35 the installation of a sign prohibiting a turn described in subsection
986+36 (b)(3)(B).
987+37 SECTION 25. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
988+38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
989+39 JULY 1, 2023]: Sec. 35. (a) Upon the immediate approach of an
990+40 authorized emergency vehicle, when the person who drives the
991+41 authorized emergency vehicle is giving audible signal by siren or
992+42 displaying alternately flashing red, red and white, or red and blue
993+EH 1050—LS 6503/DI 139 22
994+1 lights, a person who drives another vehicle shall do the following
995+2 unless otherwise directed by a law enforcement officer:
996+3 (1) Yield the right-of-way.
997+4 (2) Immediately drive to a position parallel to and as close as
998+5 possible to the right-hand edge or curb of the highway clear of any
999+6 intersection.
1000+7 (3) Stop and remain in the position until the authorized
1001+8 emergency vehicle has passed.
1002+9 (b) Upon approaching a stationary authorized emergency vehicle,
1003+10 when the authorized emergency vehicle is giving a signal by displaying
1004+11 alternately flashing red, red and white, or red and blue lights, a person
1005+12 who drives an approaching vehicle shall:
1006+13 (1) proceeding with due caution, yield the right-of-way by making
1007+14 a lane change into a lane not adjacent to that of the authorized
1008+15 emergency vehicle, if possible with due regard to safety and
1009+16 traffic conditions, if on a highway having at least four (4) lanes
1010+17 with not less than two (2) lanes proceeding in the same direction
1011+18 as the approaching vehicle; or
1012+19 (2) proceeding with due caution, reduce the speed of the vehicle
1013+20 to a speed at least ten (10) miles per hour less than the posted
1014+21 speed limit, maintaining a safe speed for road conditions, if
1015+22 changing lanes would be impossible or unsafe.
1016+23 A person who violates this subsection commits a Class A infraction.
1017+24 However, the violation is a Level 6 felony if the person's failure to
1018+25 comply with this subsection results in serious bodily injury,
1019+26 catastrophic injury, or death to any person operating, occupying, or
1020+27 affiliated with an authorized emergency vehicle described in this
1021+28 subsection.
1022+29 (c) Upon approaching a stationary recovery vehicle, a stationary
1023+30 utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
1024+31 waste hauler, a stationary road, street, or highway maintenance vehicle,
1025+32 or a stationary survey or construction vehicle, when the vehicle is
1026+33 giving a signal by displaying alternately flashing amber lights, a person
1027+34 who drives an approaching vehicle shall:
1028+35 (1) proceeding with due caution, yield the right-of-way by making
1029+36 a lane change into a lane not adjacent to that of the recovery
1030+37 vehicle, utility service vehicle, solid waste hauler, or road, street,
1031+38 or highway maintenance vehicle, if possible with due regard to
1032+39 safety and traffic conditions, if on a highway having at least four
1033+40 (4) lanes with not less than two (2) lanes proceeding in the same
1034+41 direction as the approaching vehicle; or
1035+42 (2) proceeding with due caution, reduce the speed of the vehicle
1036+EH 1050—LS 6503/DI 139 23
1037+1 to a speed at least ten (10) miles per hour less than the posted
1038+2 speed limit, maintaining a safe speed for road conditions, if
1039+3 changing lanes would be impossible or unsafe.
1040+4 A person who violates this section subsection commits a Class B
1041+5 infraction.
1042+6 (d) This subsection does not apply to a vehicle approaching
1043+7 another vehicle that is described in subsection (b) or (c) or a vehicle
1044+8 approaching a school bus when the arm signal device specified in
1045+9 IC 9-21-12-13 is in the device's extended position. Upon
1046+10 approaching a disabled stationary vehicle with flashing hazard
1047+11 warning signals, a person who drives an approaching vehicle shall:
1048+12 (1) proceeding with due caution, yield the right-of-way by
1049+13 making a lane change into a lane not adjacent to that of the
1050+14 disabled stationary vehicle, if possible with due regard to
1051+15 safety and traffic conditions, if on a highway having at least
1052+16 four (4) lanes with not less than two (2) lanes proceeding in
1053+17 the same direction as the approaching vehicle; or
1054+18 (2) proceeding with due caution, reduce the speed of the
1055+19 vehicle to a speed at least ten (10) miles per hour less than the
1056+20 posted speed limit maintaining a safe speed for road
1057+21 conditions, if changing lanes would be impossible or unsafe.
1058+22 A person who violates this subsection commits a Class B infraction.
1059+23 (d) (e) This section does not operate to relieve the person who drives
1060+24 an authorized emergency vehicle, a recovery vehicle, a utility service
1061+25 vehicle, solid waste hauler, a road, street, or highway maintenance
1062+26 vehicle, or a stationary survey or construction vehicle a vehicle
1063+27 described under this section from the duty to operate the vehicle with
1064+28 due regard for the safety of all persons using the highway.
1065+29 SECTION 26. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
1066+30 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1067+31 JULY 1, 2023]: Sec. 1. (a) Except as provided in section 7 of this
1068+32 chapter, an individual must have a valid:
1069+33 (1) driver's license; or
1070+34 (2) permit;
1071+35 including any necessary endorsements, issued to the individual by the
1072+36 bureau in the form of a physical credential to operate upon a highway
1073+37 the type of motor vehicle for which the driver's license, endorsement,
1074+38 or permit was issued.
1075+39 (b) An individual must have:
1076+40 (1) an unexpired identification card with a motor driven cycle
1077+41 endorsement issued to the individual by the bureau under
1078+42 IC 9-24-16;
1079+EH 1050—LS 6503/DI 139 24
1080+1 (2) a valid driver's license; or
1081+2 (3) a valid learner's permit;
1082+3 issued in the form of a physical credential to operate a motor driven
1083+4 cycle upon a highway.
1084+5 (c) An individual who violates this section commits a Class C
1085+6 infraction.
1086+7 SECTION 27. IC 9-24-1-7, AS AMENDED BY P.L.256-2017,
1087+8 SECTION 164, IS AMENDED TO READ AS FOLLOWS
1088+9 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Section 1 of this chapter
1089+10 does not apply to the following individuals:
1090+11 (1) An individual in the service of the armed forces of the United
1091+12 States while operating an official motor vehicle in that service.
1092+13 (2) An individual who is at least sixteen (16) years and one
1093+14 hundred eighty (180) days of age, while operating:
1094+15 (A) road construction or maintenance machinery;
1095+16 (B) a ditch digging apparatus;
1096+17 (C) a well drilling apparatus; or
1097+18 (D) a concrete mixer;
1098+19 that is being temporarily drawn, moved, or propelled on a
1099+20 highway.
1100+21 (3) A nonresident who:
1101+22 (A) is:
1102+23 (i) at least sixteen (16) years and one hundred eighty (180)
1103+24 days of age; or
1104+25 (ii) employed in Indiana;
1105+26 (B) has in the nonresident's immediate possession a valid
1106+27 driver's license that was issued to the nonresident in the
1107+28 nonresident's home state or country; and
1108+29 (C) is lawfully admitted into legally present in the United
1109+30 States;
1110+31 while operating on a highway the type of motor vehicle for which
1111+32 the driver's license was issued, subject to the restrictions imposed
1112+33 by the home state or country of the individual's residence.
1113+34 (4) A new Indiana resident who:
1114+35 (A) possesses a valid driver's license issued by the state or
1115+36 country of the individual's former residence; and
1116+37 (B) is lawfully admitted legally present in the United States;
1117+38 for a period of sixty (60) days after becoming an Indiana resident,
1118+39 and subject to the restrictions imposed by the state or country of
1119+40 the individual's former residence while operating upon a highway
1120+41 the type of motor vehicle for which the driver's license was
1121+42 issued.
1122+EH 1050—LS 6503/DI 139 25
1123+1 (5) An individual while operating a farm wagon that is being
1124+2 temporarily drawn, moved, or propelled on a public highway.
1125+3 However, to operate the farm wagon on a highway, other than to
1126+4 temporarily draw, move, or propel it, the individual must be at
1127+5 least fifteen (15) years of age.
1128+6 (6) An individual who does not hold a driver's license or permit
1129+7 and is authorized to operate a golf cart or an off-road vehicle on
1130+8 the highways of a county, city, or town in accordance with an
1131+9 ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
1132+10 (b) An ordinance adopted under IC 9-21-1-3(a)(14) or
1133+11 IC 9-21-1-3.3(a) must require that an individual who operates a golf
1134+12 cart or off-road vehicle in the city, county, or town:
1135+13 (1) hold a driver's license; or
1136+14 (2) be at least sixteen (16) years and one hundred eighty (180)
1137+15 days of age and hold:
1138+16 (A) an identification card issued under IC 9-24-16; or
1139+17 (B) a photo exempt identification card issued under
1140+18 IC 9-24-16.5.
1141+19 SECTION 28. IC 9-24-2-3, AS AMENDED BY P.L.118-2022,
1142+20 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1143+21 UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's
1144+22 license or learner's permit or grant driving privileges to the following
1145+23 individuals:
1146+24 (1) An individual whose driving privileges have been suspended,
1147+25 during the period for which the driving privileges are suspended,
1148+26 or to an individual whose driver's license has been revoked, until
1149+27 the time the bureau is authorized under Indiana law to issue the
1150+28 individual a new driver's license.
1151+29 (2) An individual whose learner's permit has been suspended or
1152+30 revoked until the time the bureau is authorized under Indiana law
1153+31 to issue the individual a new learner's permit.
1154+32 (3) An individual who, in the opinion of the bureau, is afflicted
1155+33 with or suffering from a physical or mental disability or disease
1156+34 that prevents the individual from exercising reasonable and
1157+35 ordinary control over a motor vehicle while operating the motor
1158+36 vehicle on a highway.
1159+37 (4) An individual who is unable to understand highway warnings
1160+38 or direction signs written in the English language.
1161+39 (5) An individual who is required under this article to take an
1162+40 examination unless:
1163+41 (A) the individual successfully passes the examination; or
1164+42 (B) the bureau waives the examination requirement.
1165+EH 1050—LS 6503/DI 139 26
1166+1 (6) An individual who is required under IC 9-25 or any other
1167+2 statute to deposit or provide proof of financial responsibility and
1168+3 who has not deposited or provided that proof.
1169+4 (7) An individual when the bureau has good cause to believe that
1170+5 the operation of a motor vehicle on a highway by the individual
1171+6 would be inimical to public safety or welfare.
1172+7 (8) An individual who is the subject of an order issued by:
1173+8 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
1174+9 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
1175+10 (B) the Title IV-D agency;
1176+11 ordering that a driver's license or permit not be issued to the
1177+12 individual.
1178+13 (9) An Except for an individual granted parole as defined in
1179+14 IC 9-13-2-121.5, an individual who has not presented valid
1180+15 documentary evidence to the bureau of the individual's legal
1181+16 lawful status in the United States, as required by IC 9-24-9-2.5.
1182+17 (10) An individual who does not otherwise satisfy the
1183+18 requirements of this article.
1184+19 (b) An individual subject to epileptic seizures may not be denied a
1185+20 driver's license or permit under this section if the individual presents
1186+21 a statement from a licensed physician or an advanced practice
1187+22 registered nurse, on a form prescribed by the bureau, that the individual
1188+23 is under medication and is free from seizures while under medication.
1189+24 SECTION 29. IC 9-24-3-6, AS ADDED BY P.L.111-2021,
1190+25 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1191+26 JULY 1, 2023]: Sec. 6. (a) The bureau may impose an additional fee of
1192+27 twenty-five dollars ($25) if the bureau processes a credential an
1193+28 application for a physical credential under this chapter in a period of
1194+29 time that is shorter than the normal processing period. The bureau shall
1195+30 deposit the fee in the commission fund.
1196+31 (b) A fee imposed under this section is in addition to any other fee
1197+32 imposed under this chapter.
1198+33 SECTION 30. IC 9-24-4-7, AS ADDED BY P.L.111-2021,
1199+34 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1200+35 JULY 1, 2023]: Sec. 7. (a) The bureau may impose an additional fee of
1201+36 twenty-five dollars ($25) if the bureau processes a credential an
1202+37 application for a physical credential under this chapter in a period of
1203+38 time that is shorter than the normal processing period. The bureau shall
1204+39 deposit the fee in the commission fund.
1205+40 (b) A fee imposed under this section is in addition to any other fee
1206+41 imposed under this chapter.
1207+42 SECTION 31. IC 9-24-6.1-11, AS ADDED BY P.L.111-2021,
1208+EH 1050—LS 6503/DI 139 27
1209+1 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1210+2 JULY 1, 2023]: Sec. 11. (a) The bureau may impose an additional fee
1211+3 of twenty-five dollars ($25) if the bureau processes a credential an
1212+4 application for a physical credential under this chapter in a period of
1213+5 time that is shorter than the normal processing period. The bureau shall
1214+6 deposit the fee in the commission fund.
1215+7 (b) A fee imposed under this section is in addition to any other fee
1216+8 imposed under this chapter.
1217+9 SECTION 32. IC 9-24-7-8, AS ADDED BY P.L.111-2021,
1218+10 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1219+11 JULY 1, 2023]: Sec. 8. (a) The bureau may impose an additional fee of
1220+12 twenty-five dollars ($25) if the bureau processes a credential an
1221+13 application for a physical credential under this chapter in a period of
1222+14 time that is shorter than the normal processing period. The bureau shall
1223+15 deposit the fee in the commission fund.
1224+16 (b) A fee imposed under this section is in addition to any other fee
1225+17 imposed under this chapter.
1226+18 SECTION 33. IC 9-24-8.5-3, AS AMENDED BY P.L.111-2021,
1227+19 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1228+20 JULY 1, 2023]: Sec. 3. (a) The bureau shall add a motorcycle
1229+21 endorsement to a driver's license if the holder meets the following
1230+22 conditions:
1231+23 (1) Is at least:
1232+24 (A) sixteen (16) years and ninety (90) days of age and has
1233+25 completed a motorcycle operator safety education course
1234+26 approved by the bureau under IC 9-27-7; or
1235+27 (B) sixteen (16) years and two hundred seventy (270) days of
1236+28 age.
1237+29 (2) Makes a proper application in the form and manner prescribed
1238+30 by the bureau.
1239+31 (3) Has passed a written examination developed by the bureau
1240+32 concerning the safe operation of a motorcycle.
1241+33 (4) Satisfactorily completes an operational skills test at a location
1242+34 approved by the bureau.
1243+35 (5) Pays a fee of nineteen dollars ($19). The fee shall be
1244+36 distributed as follows:
1245+37 (A) Fifty cents ($0.50) to the state motor vehicle technology
1246+38 fund.
1247+39 (B) One dollar and twenty-five cents ($1.25) to the motor
1248+40 vehicle highway account.
1249+41 (C) One dollar and twenty-five cents ($1.25) to the integrated
1250+42 public safety communications fund.
1251+EH 1050—LS 6503/DI 139 28
1252+1 (D) Sixteen dollars ($16) to the commission fund.
1253+2 (b) The bureau may waive the testing requirements under subsection
1254+3 (a)(3) and (a)(4) for an individual who satisfactorily completes a
1255+4 motorcycle operator safety course approved by the bureau as set forth
1256+5 in IC 9-27-7.
1257+6 (c) The bureau may waive the operational skills test under
1258+7 subsection (a)(4) for an individual who holds a valid motorcycle
1259+8 endorsement or motorcycle license from any other jurisdiction.
1260+9 (d) An individual who fails the operational skills test under
1261+10 subsection (a)(4) three (3) consecutive times is not eligible to retake
1262+11 the test until two (2) months after the date of the most recent failed test.
1263+12 (e) The fee for a motorcycle operational skills test administered
1264+13 under this chapter is as follows:
1265+14 (1) For tests given by state employees, the fee is five dollars ($5)
1266+15 and shall be deposited in the motor vehicle highway account
1267+16 under IC 8-14-1.
1268+17 (2) For tests given by a contractor approved by the bureau, the fee
1269+18 is:
1270+19 (A) determined under rules adopted by the bureau under
1271+20 IC 4-22-2 to cover the direct costs of administering the test;
1272+21 and
1273+22 (B) paid to the contractor.
1274+23 (f) The bureau may impose an additional fee of twenty-five dollars
1275+24 ($25) if the bureau processes a credential an application for a physical
1276+25 credential under this chapter in a period of time that is shorter than the
1277+26 normal processing period. The bureau shall deposit the fee in the
1278+27 commission fund.
1279+28 (g) A fee imposed under this section is in addition to any other fee
1280+29 imposed under this chapter.
1281+30 SECTION 34. IC 9-24-8.5-5, AS AMENDED BY P.L.111-2021,
1282+31 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1283+32 JULY 1, 2023]: Sec. 5. (a) The bureau shall add a for-hire endorsement
1284+33 to a driver's license if the holder meets the following conditions:
1285+34 (1) Is at least eighteen (18) years of age.
1286+35 (2) Has held a valid driver's license for more than one (1) year.
1287+36 (3) Makes a proper application in a form and manner prescribed
1288+37 by the bureau.
1289+38 (4) Satisfactorily passes a written test approved by the bureau.
1290+39 (5) Pays a fee of nineteen dollars ($19). The fee shall be
1291+40 distributed as follows:
1292+41 (A) Fifty cents ($0.50) to the state motor vehicle technology
1293+42 fund.
1294+EH 1050—LS 6503/DI 139 29
1295+1 (B) One dollar and twenty-five cents ($1.25) to the motor
1296+2 vehicle highway account.
1297+3 (C) One dollar and twenty-five cents ($1.25) to the integrated
1298+4 public safety communications fund.
1299+5 (D) Sixteen dollars ($16) to the commission fund.
1300+6 (b) The bureau may impose an additional fee of twenty-five dollars
1301+7 ($25) if the bureau processes a credential an application for a physical
1302+8 credential under this chapter in a period of time that is shorter than the
1303+9 normal processing period. The bureau shall deposit the fee in the
1304+10 commission fund.
1305+11 (c) A fee imposed under this section is in addition to any other fee
1306+12 imposed under this chapter.
1307+13 SECTION 35. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
1308+14 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1309+15 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
1310+16 each application for a driver's license or permit under this chapter must
1311+17 require the following information:
1312+18 (1) The full legal name of the applicant.
1313+19 (2) The applicant's date of birth.
1314+20 (3) The gender of the applicant.
1315+21 (4) The applicant's height, weight, hair color, and eye color.
1316+22 (5) The address of the applicant.
1317+23 (6) A:
1318+24 (A) valid Social Security number; or
1319+25 (B) verification of an applicant's:
1320+26 (i) ineligibility to be issued a Social Security number; and
1321+27 (ii) identity; and
1322+28 (iii) lawful status, except for an individual granted parole
1323+29 as defined in IC 9-13-2-121.5.
1324+30 (7) Whether the applicant has been subject to fainting spells or
1325+31 seizures.
1326+32 (8) Whether the applicant has been issued a driver's license or has
1327+33 been the holder of a permit, and if so, when and by what
1328+34 jurisdiction.
1329+35 (9) Whether the applicant's driver's license or permit has ever
1330+36 been suspended or revoked, and if so, the date of and the reason
1331+37 for the suspension or revocation.
1332+38 (10) Whether the applicant has been convicted of:
1333+39 (A) a crime punishable as a felony under Indiana motor
1334+40 vehicle law; or
1335+41 (B) any other felony in the commission of which a motor
1336+42 vehicle was used;
1337+EH 1050—LS 6503/DI 139 30
1338+1 that has not been expunged by a court.
1339+2 (11) Whether the applicant has a physical or mental disability,
1340+3 and if so, the nature of the disability.
1341+4 (12) The signature of the applicant showing the applicant's legal
1342+5 name as it appears or will appear on the driver's license or permit.
1343+6 (13) A digital photograph of the applicant.
1344+7 (14) Any other information the bureau requires.
1345+8 (b) For purposes of subsection (a), an individual certified as a
1346+9 program participant in the address confidentiality program under
1347+10 IC 5-26.5 is not required to provide the individual's address, but may
1348+11 provide an address designated by the office of the attorney general
1349+12 under IC 5-26.5 as the individual's address.
1350+13 (c) In addition to the information required by subsection (a), an
1351+14 applicant who is required to complete at least fifty (50) hours of
1352+15 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
1353+16 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
1354+17 logged in practice driving.
1355+18 SECTION 36. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
1356+19 SECTION 465, IS AMENDED TO READ AS FOLLOWS
1357+20 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. In addition to the
1358+21 information required from the applicant for a driver's license or permit
1359+22 under sections 1 and 2 of this chapter, the bureau shall require an
1360+23 applicant to present to the bureau valid documentary evidence that the
1361+24 applicant has lawful status or is granted parole as defined in
1362+25 IC 9-13-2-121.5.
1363+26 (1) is a citizen or national of the United States;
1364+27 (2) is an alien lawfully admitted for permanent residence in the
1365+28 United States;
1366+29 (3) has conditional permanent resident status in the United States;
1367+30 (4) has an approved application for asylum in the United States or
1368+31 has entered into the United States in refugee status;
1369+32 (5) is an alien lawfully admitted for temporary residence in the
1370+33 United States;
1371+34 (6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
1372+35 status for entry into the United States;
1373+36 (7) has a pending application for asylum in the United States;
1374+37 (8) has a pending or approved application for temporary protected
1375+38 status in the United States;
1376+39 (9) has approved deferred action status; or
1377+40 (10) has a pending application for adjustment of status to that of
1378+41 an alien lawfully admitted for permanent residence in the United
1379+42 States or conditional permanent resident status in the United
1380+EH 1050—LS 6503/DI 139 31
1381+1 States.
1382+2 SECTION 37. IC 9-24-10-4.5 IS ADDED TO THE INDIANA
1383+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
1384+4 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A driver training
1385+5 school (as defined in IC 9-27-6-3) may offer to administer a driving
1386+6 skills test (as defined in 140 IAC 4-1.1-1) to an individual who holds
1387+7 a valid learner's permit.
1388+8 (b) This section expires June 30, 2030.
1389+9 SECTION 38. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
1390+10 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1391+11 JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (d), an
1392+12 individual may not hold or possess more than one (1) physical
1393+13 credential at a time.
1394+14 (b) An individual may not hold or possess:
1395+15 (1) a physical credential; and
1396+16 (2) a driver's license or identification card issued by a government
1397+17 authority that issues driver's licenses and identification cards from
1398+18 another state, territory, federal district, commonwealth, or
1399+19 possession of the United States.
1400+20 (c) An individual shall destroy or surrender to the bureau any and
1401+21 all physical credentials driver's licenses, or identification cards that
1402+22 would cause the individual to violate subsection (a) or (b).
1403+23 (d) An individual may hold both a physical credential in physical
1404+24 form and in the form of a mobile credential issued under this article at
1405+25 the same time.
1406+26 (e) An individual who violates this section commits a Class C
1407+27 infraction.
1408+28 (f) Notwithstanding the July 1, 2021, effective date in HEA
1409+29 1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
1410+30 1, 2020 (rather than July 1, 2021).
1411+31 SECTION 39. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
1412+32 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1413+33 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
1414+34 learner's permit or driver's license issued under this article must contain
1415+35 the following information:
1416+36 (1) The full legal name of the permittee or licensee.
1417+37 (2) The date of birth of the permittee or licensee.
1418+38 (3) The address of the principal residence of the permittee or
1419+39 licensee.
1420+40 (4) The hair color and eye color of the permittee or licensee.
1421+41 (5) The date of issue and expiration date of the permit or license.
1422+42 (6) The gender of the permittee or licensee.
1423+EH 1050—LS 6503/DI 139 32
1424+1 (7) The unique identifying number of the permit or license.
1425+2 (8) The weight of the permittee or licensee.
1426+3 (9) The height of the permittee or licensee.
1427+4 (10) A reproduction of the signature of the permittee or licensee.
1428+5 (11) If the permittee or licensee is less than eighteen (18) years of
1429+6 age at the time of issuance, the dates, notated prominently, on
1430+7 which the permittee or licensee will become:
1431+8 (A) eighteen (18) years of age; and
1432+9 (B) twenty-one (21) years of age.
1433+10 (12) If the permittee or licensee is at least eighteen (18) years of
1434+11 age but less than twenty-one (21) years of age at the time of
1435+12 issuance, the date, notated prominently, on which the permittee or
1436+13 licensee will become twenty-one (21) years of age.
1437+14 (13) Except as provided in subsection (b), a digital photograph of
1438+15 the permittee or licensee.
1439+16 (b) The bureau may provide for the omission of a photograph or
1440+17 computerized image from any driver's license or learner's permit issued
1441+18 in the form of a physical credential if there is good cause for the
1442+19 omission. However, a driver's license or learner's permit issued without
1443+20 a digital photograph may not be issued in the form of a mobile
1444+21 credential and must include a statement that indicates that the driver's
1445+22 license or learner's permit issued without a digital photograph may
1446+23 not be accepted by a federal agency for federal identification or any
1447+24 other federal purpose.
1448+25 (c) A driver's license or learner's permit issued to an individual who
1449+26 has temporary lawful status or is granted parole as defined in
1450+27 IC 9-13-2-121.5 by having:
1451+28 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
1452+29 visa status for entry in the United States;
1453+30 (2) has a pending application for asylum in the United States;
1454+31 (3) has a pending or approved application for temporary protected
1455+32 status in the United States;
1456+33 (4) has approved deferred action status; or
1457+34 (5) has a pending application for adjustment of status to that of an
1458+35 alien lawfully admitted for permanent residence in the United
1459+36 States or conditional permanent residence status in the United
1460+37 States;
1461+38 must be clearly identified as a temporary driver's license or learner's
1462+39 permit. A temporary driver's license or learner's permit issued under
1463+40 this subsection may not be renewed without the presentation of valid
1464+41 documentary evidence proving that the licensee's or permittee's
1465+42 temporary status has been extended.
1466+EH 1050—LS 6503/DI 139 33
1467+1 (d) For purposes of subsection (a), an individual certified as a
1468+2 program participant in the address confidentiality program under
1469+3 IC 5-26.5 is not required to provide the address of the individual's
1470+4 principal residence, but may provide an address designated by the
1471+5 office of the attorney general under IC 5-26.5 as the address of the
1472+6 individual's principal residence.
1473+7 (e) Notwithstanding the July 1, 2021, effective date in HEA
1474+8 1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
1475+9 1, 2020 (rather than July 1, 2021).
1476+10 SECTION 40. IC 9-24-11-12, AS ADDED BY P.L.111-2021,
1477+11 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1478+12 JULY 1, 2023]: Sec. 12. (a) The bureau may impose an additional fee
1479+13 of twenty-five dollars ($25) if the bureau processes a credential an
1480+14 application for a physical credential under this chapter in a period of
1481+15 time that is shorter than the normal processing period. The bureau shall
1482+16 deposit the fee in the commission fund.
1483+17 (b) A fee imposed under this section is in addition to any other fee
1484+18 imposed under this chapter.
1485+19 SECTION 41. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
1486+20 SECTION 489, IS AMENDED TO READ AS FOLLOWS
1487+21 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. (a) A learner's permit issued in
1488+22 the form of a physical credential expires two (2) years after the date
1489+23 of issuance.
1490+24 (b) A motorcycle permit expires one (1) year after the date of
1491+25 issuance. A motorcycle permit may be renewed one (1) time for a
1492+26 period of one (1) year. An individual who does not obtain a motorcycle
1493+27 endorsement under IC 9-24-8.5 before the expiration of the renewed
1494+28 motorcycle permit may not reapply for a new motorcycle permit for a
1495+29 period of one (1) year after the date of expiration of the renewed
1496+30 motorcycle permit.
1497+31 (c) A commercial learner's permit expires one hundred eighty (180)
1498+32 days after the date of issuance. The bureau may issue not more than
1499+33 three (3) commercial learner's permits to an individual within a
1500+34 twenty-four (24) month period.
1501+35 (d) The fee to renew a permit that expires under this section is the
1502+36 applicable fee to issue the permit under this article.
1503+37 SECTION 42. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
1504+38 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1505+39 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and
1506+40 11 of this chapter, a driver's license issued in the form of a physical
1507+41 credential to an applicant who is at least seventy-five (75) years of age
1508+42 expires at midnight of the birthday of the holder that occurs three (3)
1509+EH 1050—LS 6503/DI 139 34
1510+1 years following the date of issuance.
1511+2 (b) Except as provided in subsections (a) and (c) and sections 10
1512+3 and 11 of this chapter, a driver's license issued in the form of a
1513+4 physical credential under this article expires at midnight of the
1514+5 birthday of the holder that occurs six (6) years following the date of
1515+6 issuance.
1516+7 (c) A driver's license issued in the form of a physical credential
1517+8 to an individual who is less than twenty-one (21) years of age expires
1518+9 at midnight of the date thirty (30) days after the twenty-first birthday
1519+10 of the holder. However, if the individual complies with
1520+11 IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9), IC 9-24-9-2.5 or is granted
1521+12 parole as defined in IC 9-13-2-121.5, the driver's license expires:
1522+13 (1) at midnight one (1) year after issuance if there is no expiration
1523+14 date on the authorization granted to the individual to remain in the
1524+15 United States; or
1525+16 (2) if there is an expiration date on the authorization granted to
1526+17 the individual to remain in the United States, the earlier of the
1527+18 following:
1528+19 (A) At midnight of the date the authorization to remain in the
1529+20 United States expires.
1530+21 (B) At midnight of the date thirty (30) days after the
1531+22 twenty-first birthday of the holder.
1532+23 SECTION 43. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
1533+24 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1534+25 UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c)
1535+26 and (d), the application for renewal of:
1536+27 (1) a driver's license;
1537+28 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
1538+29 July 1, 2024);
1539+30 (3) a public passenger chauffeur's license (before the expiration
1540+31 of IC 9-24-5 on July 1, 2022);
1541+32 (4) an identification card; or
1542+33 (5) a photo exempt identification card;
1543+34 under this article may be filed not more than twenty-four (24) months
1544+35 before the expiration date of the license, identification card, or photo
1545+36 exempt identification card held by the applicant.
1546+37 (b) Except as provided in subsections (c) and (d), an application for
1547+38 the renewal of a learner's permit issued under this article may be filed
1548+39 not more than thirty (30) days before the expiration of the learner's
1549+40 permit.
1550+41 (c) When the applicant complies with IC 9-24-9-2.5(5) through
1551+42 IC 9-24-9-2.5(10), IC 9-24-9-2.5 or is granted parole as defined in
1552+EH 1050—LS 6503/DI 139 35
1553+1 IC 9-13-2-121.5, an application for renewal of a driver's license in
1554+2 subsection (a)(1), (a)(2), or (a)(3) may be filed not more than one (1)
1555+3 month before the expiration date of the license held by the applicant.
1556+4 (d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
1557+5 IC 9-24-16-3.5(1)(J), IC 9-24-16-3.5, an application for renewal of an
1558+6 identification card under subsection (a)(4) may be filed not more than
1559+7 one (1) month before the expiration date of the identification card held
1560+8 by the applicant.
1561+9 SECTION 44. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
1562+10 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1563+11 JULY 1, 2023]: Sec. 5. (a) Except as provided in subsection (b), and
1564+12 subject to subsection (d), an individual applying for renewal of a
1565+13 driver's license in the form of a physical credential (issued under
1566+14 IC 9-24-3), or a chauffeur's or a public passenger chauffeur's license,
1567+15 including any endorsements in effect with respect to the license, must
1568+16 apply in person at a license branch and do the following:
1569+17 (1) Pass an eyesight examination.
1570+18 (2) Pass a written examination if:
1571+19 (A) the applicant has at least six (6) active points on the
1572+20 applicant's driving record maintained by the bureau;
1573+21 (B) the applicant has not reached the applicant's twenty-first
1574+22 birthday and has active points on the applicant's driving record
1575+23 maintained by the bureau; or
1576+24 (C) the applicant is in possession of a driver's license that is
1577+25 expired beyond one hundred eighty (180) days.
1578+26 (b) The holder of a driver's license in the form of a physical
1579+27 credential (issued under IC 9-24-3), a chauffeur's or a public passenger
1580+28 chauffeur's license, or a learner's permit issued in the form of a
1581+29 physical credential under IC 9-24-7 may renew the license, including
1582+30 any endorsements in effect with respect to the license, by mail or by
1583+31 electronic service, subject to the following conditions:
1584+32 (1) A valid computerized image of the individual must exist
1585+33 within the records of the bureau.
1586+34 (2) The previous renewal of the individual's driver's license
1587+35 (issued under IC 9-24-3), chauffeur's or public passenger
1588+36 chauffeur's license, or a learner's permit issued under IC 9-24-7
1589+37 must not have been by mail or by electronic service.
1590+38 (3) The application for or previous renewal of the individual's
1591+39 license or permit must have included a test of the individual's
1592+40 eyesight approved by the bureau.
1593+41 (4) If the individual were applying for the license or permit
1594+42 renewal in person at a license branch, the individual would not be
1595+EH 1050—LS 6503/DI 139 36
1596+1 required under subsection (a)(2) to submit to a written
1597+2 examination.
1598+3 (5) The individual must be a citizen of the United States, as
1599+4 shown in the records of the bureau.
1600+5 (6) There must not have been any change in the:
1601+6 (A) address; or
1602+7 (B) name;
1603+8 of the individual since the issuance or previous renewal of the
1604+9 individual's driver's license (issued under IC 9-24-3), chauffeur's
1605+10 or public passenger chauffeur's license, or a learner's permit
1606+11 issued under IC 9-24-7.
1607+12 (7) The driver's license (issued under IC 9-24-3), chauffeur's or
1608+13 public passenger chauffeur's license, or a learner's permit issued
1609+14 under IC 9-24-7 of the individual must not be:
1610+15 (A) suspended; or
1611+16 (B) expired more than one hundred eighty (180) days;
1612+17 at the time of the application for renewal.
1613+18 (8) If the individual is seventy-five (75) years of age or older at
1614+19 the time of the application for renewal, the individual must
1615+20 provide proof, on a form approved by the bureau, that the
1616+21 individual has passed an eyesight examination within thirty (30)
1617+22 days prior to the renewal application.
1618+23 (c) An individual applying for the renewal of a driver's license
1619+24 issued in the form of a physical credential (issued under IC 9-24-3),
1620+25 a chauffeur's license or a public passenger chauffeur's license, or a
1621+26 learner's permit issued in the form of a physical credential under
1622+27 IC 9-24-7, including any endorsements in effect with respect to the
1623+28 license, must apply in person at a license branch under subsection (a)
1624+29 if the individual is not entitled to apply by mail or by electronic service
1625+30 under subsection (b).
1626+31 (d) The bureau may not issue or renew a chauffeur's or a public
1627+32 passenger chauffeur's license after December 31, 2016. If a holder of
1628+33 a chauffeur's or a public passenger chauffeur's license applies after
1629+34 December 31, 2016, for renewal of the chauffeur's or public passenger
1630+35 chauffeur's license, the bureau shall issue to the holder a driver's
1631+36 license under IC 9-24-3 with a for-hire endorsement if the holder:
1632+37 (1) applies in a form and manner prescribed by the bureau; and
1633+38 (2) satisfies the requirements for renewal of a driver's license
1634+39 issued under IC 9-24-3, including the fee and examination
1635+40 requirements under this section.
1636+41 (e) An individual applying for the renewal of a driver's license
1637+42 issued in the form of a physical credential under IC 9-24-3 shall pay
1638+EH 1050—LS 6503/DI 139 37
1639+1 the following applicable fee:
1640+2 (1) If the individual is less than seventy-five (75) years of age,
1641+3 seventeen dollars and fifty cents ($17.50). The fee shall be
1642+4 distributed as follows:
1643+5 (A) Fifty cents ($0.50) to the state motor vehicle technology
1644+6 fund.
1645+7 (B) Two dollars ($2) to the crossroads 2000 fund.
1646+8 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
1647+9 highway account.
1648+10 (D) One dollar and twenty-five cents ($1.25) to the integrated
1649+11 public safety communications fund.
1650+12 (E) Nine dollars and twenty-five cents ($9.25) to the
1651+13 commission fund.
1652+14 (2) If the individual is at least seventy-five (75) years of age and
1653+15 less than eighty-five (85) years of age, eleven dollars ($11). The
1654+16 fee shall be distributed as follows:
1655+17 (A) Fifty cents ($0.50) to the state motor vehicle technology
1656+18 fund.
1657+19 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
1658+20 fund.
1659+21 (C) Three dollars ($3) to the motor vehicle highway account.
1660+22 (D) One dollar and twenty-five cents ($1.25) to the integrated
1661+23 public safety communications fund.
1662+24 (E) Four dollars and seventy-five cents ($4.75) to the
1663+25 commission fund.
1664+26 (3) If the individual is at least eighty-five (85) years of age, seven
1665+27 dollars ($7). The fee shall be distributed as follows:
1666+28 (A) Fifty cents ($0.50) to the state motor vehicle technology
1667+29 fund.
1668+30 (B) One dollar ($1) to the crossroads 2000 fund.
1669+31 (C) Two dollars ($2) to the motor vehicle highway account.
1670+32 (D) One dollar and twenty-five cents ($1.25) to the integrated
1671+33 public safety communications fund.
1672+34 (E) Two dollars and twenty-five cents ($2.25) to the
1673+35 commission fund.
1674+36 A fee paid under this subsection after December 31, 2016, includes the
1675+37 renewal of any endorsements that are in effect with respect to the
1676+38 driver's license issued in the form of a physical credential under
1677+39 IC 9-24-3 at the time of renewal.
1678+40 SECTION 45. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
1679+41 SECTION 497, IS AMENDED TO READ AS FOLLOWS
1680+42 [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) This section applies to
1681+EH 1050—LS 6503/DI 139 38
1682+1 a driver's license other than a commercial driver's license.
1683+2 (b) If the birthday of a holder on which the holder's driver's license
1684+3 would otherwise expire falls on:
1685+4 (1) Sunday;
1686+5 (2) a legal holiday (as set forth in IC 1-1-9-1); or
1687+6 (3) a weekday when all license branches in the county of
1688+7 residence of the holder are closed;
1689+8 the driver's license of the holder does not expire until midnight of the
1690+9 first day after the birthday on which a license branch is open for
1691+10 business in the county of residence of the holder.
1692+11 (c) A driver's license issued to an applicant who complies with
1693+12 IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10) IC 9-24-9-2.5 or who is
1694+13 granted parole as defined in IC 9-13-2-121.5 expires:
1695+14 (1) at midnight one (1) year after issuance if there is no expiration
1696+15 date on the authorization granted to the individual to remain in the
1697+16 United States; or
1698+17 (2) if there is an expiration date on the authorization granted to
1699+18 the individual to remain in the United States, the earlier of the
1700+19 following:
1701+20 (A) At midnight of the date the authorization of the holder to
1702+21 be a legal have lawful status as a permanent resident or
1703+22 conditional resident alien of the United States expires.
1704+23 (B) At midnight of the birthday of the holder that occurs six
1705+24 (6) years after the date of issuance.
1706+25 SECTION 46. IC 9-24-13-3, AS AMENDED BY P.L.120-2020,
1707+26 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1708+27 JULY 1, 2023]: Sec. 3. (a) An individual holding a permit or driver's
1709+28 license issued in the form of a physical credential under this article
1710+29 must have the permit or driver's license in the form of the physical
1711+30 credential in the individual's immediate possession when driving or
1712+31 operating a motor vehicle. The individual shall display the driver's
1713+32 license or permit in the form of a physical credential upon demand
1714+33 of a court or a police officer authorized by law to enforce motor vehicle
1715+34 rules.
1716+35 (b) If the permit or driver's license is a mobile credential, viewed on
1717+36 a telecommunications device, a court or a police officer authorized by
1718+37 law to enforce motor vehicle rules may not, without the consent of the
1719+38 person:
1720+39 (1) confiscate a telecommunications device for the purpose of
1721+40 determining compliance with this section;
1722+41 (2) confiscate a telecommunications device and retain it as
1723+42 evidence pending trial for a violation of this section; or
1724+EH 1050—LS 6503/DI 139 39
1725+1 (3) extract or otherwise download information from a
1726+2 telecommunications device for a violation of this section unless:
1727+3 (A) the court or police officer has probable cause to believe
1728+4 the telecommunications device has been used in the
1729+5 commission of a crime;
1730+6 (B) the information is extracted or otherwise downloaded
1731+7 under a valid search warrant; or
1732+8 (C) otherwise authorized by law.
1733+9 (c) The display of transmission of data from a mobile credential
1734+10 shall not serve as consent or authorization for the court, a police
1735+11 officer, or any other person to search, view, or access any data or
1736+12 application on the telecommunications device other than the mobile
1737+13 credential. If a person presents the person's telecommunications device
1738+14 to the court, a police officer, or any other person for the purposes of
1739+15 displaying sharing data from the person's mobile credential, the court,
1740+16 police officer, or person viewing receiving the data from the mobile
1741+17 credential shall not handle the telecommunications device in order to
1742+18 view the mobile credential and to verify the identity of the person.
1743+19 (d) Notwithstanding the July 1, 2021, effective date in HEA
1744+20 1506-2019, SECTION 53 (P.L.178-2019), this section takes effect July
1745+21 1, 2020 (rather than July 1, 2021).
1746+22 SECTION 47. IC 9-24-13-4, AS AMENDED BY P.L.256-2017,
1747+23 SECTION 175, IS AMENDED TO READ AS FOLLOWS
1748+24 [EFFECTIVE JULY 1, 2023]: Sec. 4. If:
1749+25 (1) an individual holding a driver's license or permit issued in the
1750+26 form of a physical credential under this article changes the
1751+27 address shown on the driver's license or permit application; or
1752+28 (2) the name of a licensee or permittee is changed by marriage or
1753+29 otherwise;
1754+30 the licensee or permittee shall make application for an amended
1755+31 driver's license or permit issued in the form of a physical credential
1756+32 under IC 9-24-9 containing the correct information within thirty (30)
1757+33 days of the change. For fee purposes, the application shall be treated as
1758+34 a replacement license under IC 9-24-14-1.
1759+35 SECTION 48. IC 9-24-14-1, AS AMENDED BY P.L.256-2017,
1760+36 SECTION 176, IS AMENDED TO READ AS FOLLOWS
1761+37 [EFFECTIVE JULY 1, 2023]: Sec. 1. If a permit or driver's license
1762+38 issued in the form of a physical credential under this article is lost or
1763+39 destroyed, and as provided in section 3.5 of this chapter, the individual
1764+40 to whom the permit or driver's license was issued may obtain a
1765+41 replacement if the individual pays a fee as follows:
1766+42 (1) For a replacement permit or driver's license, other than a
1767+EH 1050—LS 6503/DI 139 40
1768+1 commercial driver's license, issued before January 1, 2017, ten
1769+2 dollars and fifty cents ($10.50). The fee shall be distributed as
1770+3 follows:
1771+4 (A) Fifty cents ($0.50) to the state motor vehicle technology
1772+5 fund.
1773+6 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
1774+7 fund.
1775+8 (C) One dollar and fifty cents ($1.50) to the motor vehicle
1776+9 highway account.
1777+10 (D) One dollar and twenty-five cents ($1.25) to the integrated
1778+11 public safety communications fund.
1779+12 (E) Five dollars and seventy-five cents ($5.75) to the
1780+13 commission fund.
1781+14 (2) For a replacement commercial driver's license issued before
1782+15 January 1, 2017, five dollars and fifty cents ($5.50). The fee shall
1783+16 be distributed as follows:
1784+17 (A) Fifty cents ($0.50) to the state motor vehicle technology
1785+18 fund.
1786+19 (B) One dollar ($1) to the crossroads 2000 fund.
1787+20 (C) One dollar and fifty cents ($1.50) to the motor vehicle
1788+21 highway account.
1789+22 (D) Two dollars and fifty cents ($2.50) to the commission
1790+23 fund.
1791+24 (3) For a replacement permit or driver's license issued after
1792+25 December 31, 2016, nine dollars ($9). The fee shall be distributed
1793+26 as follows:
1794+27 (A) Twenty-five cents ($0.25) to the motor vehicle highway
1795+28 account.
1796+29 (B) Fifty cents ($0.50) to the state motor vehicle technology
1797+30 fund.
1798+31 (C) One dollar and twenty-five cents ($1.25) to the integrated
1799+32 public safety communications fund.
1800+33 (D) Two dollars ($2) to the crossroads 2000 fund.
1801+34 (E) Five dollars ($5) to the commission fund.
1802+35 SECTION 49. IC 9-24-14-3.5, AS AMENDED BY P.L.118-2022,
1803+36 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1804+37 JULY 1, 2023]: Sec. 3.5. (a) If a valid computerized image or digital
1805+38 photograph of an individual exists within the records of the bureau, an
1806+39 individual may apply for a replacement driver's license or learner's
1807+40 permit issued in the form of a physical credential by electronic
1808+41 service.
1809+42 (b) An individual applying for a replacement of a driver's license or
1810+EH 1050—LS 6503/DI 139 41
1811+1 a learner's permit issued in the form of a physical credential must
1812+2 apply in person at a license branch if the individual is not entitled to
1813+3 apply by mail or by electronic service under subsection (a).
1814+4 SECTION 50. IC 9-24-16-1, AS AMENDED BY P.L.198-2016,
1815+5 SECTION 508, IS AMENDED TO READ AS FOLLOWS
1816+6 [EFFECTIVE UPON PASSAGE]: Sec. 1. The bureau shall issue an
1817+7 identification card in the form of a physical credential to an
1818+8 individual who meets the following conditions:
1819+9 (1) Makes an application.
1820+10 (2) Is an Indiana resident.
1821+11 (3) Has presented valid documentary evidence to the bureau of
1822+12 the individual's legal lawful status in the United States or valid
1823+13 documentary evidence that the individual is granted parole as
1824+14 defined in IC 9-13-2-121.5, as required by section 3.5 of this
1825+15 chapter.
1826+16 SECTION 51. IC 9-24-16-2, AS AMENDED BY P.L.111-2021,
1827+17 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1828+18 UPON PASSAGE]: Sec. 2. (a) An application for an identification card
1829+19 to be issued under this chapter in the form of a physical credential
1830+20 must contain the following questions:
1831+21 (1) "Have you served in the armed forces of the United States?".
1832+22 (2) "Are you the surviving spouse of someone who served in the
1833+23 armed forces of the United States or their reserves, in the National
1834+24 Guard, or in the Indiana National Guard?".
1835+25 (b) In addition to the questions set forth in subsection (a), an
1836+26 application for an identification card issued under this chapter in the
1837+27 form of a physical credential must require the following information
1838+28 concerning an applicant:
1839+29 (1) The full legal name of the applicant.
1840+30 (2) The applicant's date of birth.
1841+31 (3) The gender of the applicant.
1842+32 (4) The applicant's height, weight, hair color, and eye color.
1843+33 (5) The principal address and mailing address of the applicant.
1844+34 (6) A:
1845+35 (A) valid Social Security number; or
1846+36 (B) verification of an applicant's:
1847+37 (i) ineligibility to be issued a Social Security number; and
1848+38 (ii) identity and lawful status. identity; and
1849+39 (iii) lawful status, except for an individual granted parole
1850+40 as defined in IC 9-13-2-121.5.
1851+41 (7) A digital photograph of the applicant.
1852+42 (8) The signature of the applicant showing the applicant's legal
1853+EH 1050—LS 6503/DI 139 42
1854+1 name as it will appear on the identification card issued in the
1855+2 form of a physical credential.
1856+3 (9) If the applicant is also applying for a motor driven cycle
1857+4 endorsement, verification that the applicant has satisfactorily
1858+5 completed the test required under section 3.6 of this chapter.
1859+6 (c) The bureau may invalidate an identification card issued in the
1860+7 form of a physical credential that the bureau believes to have been
1861+8 issued as a result of fraudulent documentation.
1862+9 (d) The bureau:
1863+10 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
1864+11 verify an applicant's identity and lawful status; and
1865+12 (2) may adopt rules to establish a procedure to temporarily
1866+13 invalidate an identification card issued in the form of a physical
1867+14 credential that it believes to have been issued based on
1868+15 fraudulent documentation.
1869+16 (e) For purposes of subsection (b), an individual certified as a
1870+17 program participant in the address confidentiality program under
1871+18 IC 5-26.5 is not required to provide the individual's principal address
1872+19 and mailing address, but may provide an address designated by the
1873+20 office of the attorney general under IC 5-26.5 as the individual's
1874+21 principal address and mailing address.
1875+22 (f) In addition to the information required under subsection (b), an
1876+23 application for an identification card to be issued under this chapter in
1877+24 the form of a physical credential must enable the applicant to
1878+25 indicate that the applicant is a veteran and wishes to have an indication
1879+26 of the applicant's veteran status appear on the identification card issued
1880+27 in the form of a physical credential. An applicant who wishes to have
1881+28 an indication of the applicant's veteran status appear on the
1882+29 identification card issued in the form of a physical credential must:
1883+30 (1) indicate on the application that the applicant:
1884+31 (A) is a veteran; and
1885+32 (B) wishes to have an indication of the applicant's veteran
1886+33 status appear on the identification card; and
1887+34 (2) provide proof at the time of application of the applicant's
1888+35 veteran status.
1889+36 (g) In addition to the information required under subsection (b), an
1890+37 application for an identification card to be issued under this chapter in
1891+38 the form of a physical credential must enable the applicant to
1892+39 indicate that the applicant is a surviving spouse of a veteran and wishes
1893+40 to have an indication of the applicant's status as a surviving spouse of
1894+41 a veteran appear on the identification card issued in the form of a
1895+42 physical credential. An applicant who wishes to have an indication of
1896+EH 1050—LS 6503/DI 139 43
1897+1 the applicant's status as a surviving spouse of a veteran appear on the
1898+2 identification card issued in the form of a physical credential must:
1899+3 (1) indicate on the application that the applicant:
1900+4 (A) is the surviving spouse of a veteran of the armed forces of
1901+5 the United States; and
1902+6 (B) wishes to have an indication of the applicant's status as a
1903+7 surviving spouse of a veteran appear on the identification card
1904+8 issued in the form of a physical credential; and
1905+9 (2) provide the documentation necessary to verify that the
1906+10 applicant was married, at the time of the decedent's death, to a
1907+11 veteran.
1908+12 (h) The bureau shall keep in a data base and share the information
1909+13 submitted under subsections (a) and (g) at least annually with the
1910+14 Indiana department of veterans' affairs. The information submitted
1911+15 under subsections (a) and (g) may be used by the Indiana department
1912+16 of veterans' affairs to develop outreach programs for veterans and their
1913+17 families.
1914+18 (i) The application for an identification card to be issued under this
1915+19 chapter in the form of a physical credential must indicate that an
1916+20 applicant has the option whether or not to answer the questions set
1917+21 forth in subsection (a).
1918+22 SECTION 52. IC 9-24-16-3, AS AMENDED BY P.L.111-2021,
1919+23 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1920+24 UPON PASSAGE]: Sec. 3. (a) An identification card:
1921+25 (1) issued in physical the form of a physical credential must
1922+26 have the same dimensions and shape as a driver's license; and
1923+27 (2) in the form of a mobile credential must have the same format
1924+28 as contain the same data contained in a driver's license;
1925+29 but the card must have markings sufficient to distinguish the card from
1926+30 a driver's license.
1927+31 (b) Except as provided in subsection (g), the front side of a physical
1928+32 an identification card or the top portion of an identification card in the
1929+33 format of a mobile credential issued in the form of a physical
1930+34 credential must contain the expiration date of the identification card
1931+35 and the following information about the individual to whom the card
1932+36 is being issued:
1933+37 (1) Full legal name.
1934+38 (2) The address of the principal residence.
1935+39 (3) Date of birth.
1936+40 (4) Date of issue and date of expiration.
1937+41 (5) Unique identification number.
1938+42 (6) Gender.
1939+EH 1050—LS 6503/DI 139 44
1940+1 (7) Weight.
1941+2 (8) Height.
1942+3 (9) Color of eyes and hair.
1943+4 (10) Reproduction of the signature of the individual identified.
1944+5 (11) Whether the individual is blind (as defined in
1945+6 IC 12-7-2-21(1)).
1946+7 (12) If the individual is less than eighteen (18) years of age at the
1947+8 time of issuance, the dates on which the individual will become:
1948+9 (A) eighteen (18) years of age; and
1949+10 (B) twenty-one (21) years of age.
1950+11 (13) If the individual is at least eighteen (18) years of age but less
1951+12 than twenty-one (21) years of age at the time of issuance, the date
1952+13 on which the individual will become twenty-one (21) years of age.
1953+14 (14) Digital photograph of the individual.
1954+15 (c) The information contained on the identification card as required
1955+16 by subsection (b)(12) or (b)(13) for an individual who is less than
1956+17 twenty-one (21) years of age at the time of issuance shall be notated
1957+18 prominently on the identification card issued in the form of a physical
1958+19 credential.
1959+20 (d) If the individual complies with section 2(f) or 2(g) of this
1960+21 chapter, an indication of the individual's veteran status or status as the
1961+22 surviving spouse of a veteran of the armed forces of the United States,
1962+23 as applicable, shall be shown on the identification card issued in the
1963+24 form of a physical credential.
1964+25 (e) If the applicant for an identification card issued in the form of
1965+26 a physical credential submits information to the bureau concerning
1966+27 the applicant's medical condition, the bureau shall place an identifying
1967+28 symbol on the face of the identification card issued in the form of a
1968+29 physical credential to indicate that the applicant has a medical
1969+30 condition of note. The bureau shall include information on the
1970+31 identification card issued in the form of a physical credential that
1971+32 briefly describes the medical condition of the holder of the card issued
1972+33 in the form of a physical credential. The information must be printed
1973+34 in a manner that alerts a person reading the card issued in the form of
1974+35 a physical credential to the existence of the medical condition. The
1975+36 applicant for an identification card issued in the form of a physical
1976+37 credential is responsible for the accuracy of the information
1977+38 concerning the medical condition submitted under this subsection. The
1978+39 bureau shall inform an applicant that submission of information under
1979+40 this subsection is voluntary.
1980+41 (f) An identification card issued by the state to an individual who in
1981+42 the form of a physical credential must be clearly identified as a
1982+EH 1050—LS 6503/DI 139 45
1983+1 temporary identification card if the applicant provides proof of
1984+2 lawful status or proof that the applicant has been granted parole
1985+3 as defined in IC 9-13-2-121.5 through any of the following:
1986+4 (1) has A valid, unexpired nonimmigrant visa or has
1987+5 nonimmigrant visa status for entry in the United States.
1988+6 (2) has A pending application for asylum in the United States.
1989+7 (3) has A pending or approved application for temporary
1990+8 protected status in the United States.
1991+9 (4) has Approved deferred action status. or
1992+10 (5) has A pending application for adjustment of status to that of
1993+11 an alien lawfully admitted for permanent residence in the United
1994+12 States or conditional permanent residence status in the United
1995+13 States.
1996+14 (6) Granted parole as defined in IC 9-13-2-121.5.
1997+15 must be clearly identified as a temporary identification card. A
1998+16 temporary identification card issued under this subsection in the form
1999+17 of a physical credential may not be renewed without the presentation
2000+18 of valid documentary evidence proving that the holder of the
2001+19 identification card's temporary status has been extended.
2002+20 (g) For purposes of subsection (b), an individual certified as a
2003+21 program participant in the address confidentiality program under
2004+22 IC 5-26.5 is not required to provide the address of the individual's
2005+23 principal residence, but may provide an address designated by the
2006+24 office of the attorney general under IC 5-26.5 as the address of the
2007+25 individual's principal residence.
2008+26 (h) The bureau shall validate an identification card issued in the
2009+27 form of a physical credential for motor driven cycle operation upon
2010+28 a highway by endorsement to an individual who:
2011+29 (1) applies for or has previously been issued an identification card
2012+30 under this chapter;
2013+31 (2) makes the appropriate application for endorsement; and
2014+32 (3) satisfactorily completes the test required under section 3.6 of
2015+33 this chapter.
2016+34 The bureau shall place a designation on the face of the identification
2017+35 card issued in the form of a physical credential to indicate that the
2018+36 individual has received a motor driven cycle endorsement.
2019+37 SECTION 53. IC 9-24-16-3.5, AS AMENDED BY P.L.162-2009,
2020+38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2021+39 UPON PASSAGE]: Sec. 3.5. In addition to the information required for
2022+40 the applicant for an identification card under section 3 of this chapter,
2023+41 the bureau shall require an applicant to present to the bureau:
2024+42 (1) valid documentary evidence that the applicant has:
2025+EH 1050—LS 6503/DI 139 46
2026+1 (A) is a citizen or national of the United States; lawful status;
2027+2 (B) is an alien lawfully admitted for permanent residence in
2028+3 the United States;
2029+4 (C) has conditional permanent resident status in the United
2030+5 States;
2031+6 (D) has an approved application for asylum in the United
2032+7 States or has entered into the United States in refugee status;
2033+8 (E) is an alien lawfully admitted for temporary residence in the
2034+9 United States;
2035+10 (F) has a valid unexpired nonimmigrant visa or nonimmigrant
2036+11 visa status for entry into the United States;
2037+12 (G) has a pending application for asylum in the United States;
2038+13 (H) has a pending or approved application for temporary
2039+14 protected status in the United States;
2040+15 (I) has approved deferred action status; or
2041+16 (J) (B) has a pending application for adjustment of status to
2042+17 that of an alien lawfully admitted for permanent residence in
2043+18 the United States or conditional permanent resident status in
2044+19 the United States; and or
2045+20 (C) been granted parole as defined in IC 9-13-2-121.5; and
2046+21 (2) evidence of the Social Security number of the applicant. If
2047+22 federal law prohibits the issuance of a Social Security number to
2048+23 the applicant, the applicant must provide verification of the
2049+24 applicant's ineligibility to be issued a Social Security number.
2050+25 SECTION 54. IC 9-24-16-4, AS AMENDED BY P.L.125-2012,
2051+26 SECTION 228, IS AMENDED TO READ AS FOLLOWS
2052+27 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) Except as provided in
2053+28 subsection (b), an identification card expires at midnight of the
2054+29 birthday of the holder that occurs six (6) years following the date of
2055+30 issuance.
2056+31 (b) An identification card issued under this article to an applicant
2057+32 who complies with section 3.5(1)(E) through 3.5(1)(J) 3.5 of this
2058+33 chapter expires:
2059+34 (1) at midnight one (1) year after issuance, if there is no
2060+35 expiration date on the authorization granted to the individual to
2061+36 remain in the United States; or
2062+37 (2) if there is an expiration date on the authorization granted to
2063+38 the individual to remain in the United States, the earlier of the
2064+39 following:
2065+40 (A) At midnight of the date the authorization of the holder to
2066+41 be a legal have lawful status as a permanent resident or
2067+42 conditional resident alien of the United States expires.
2068+EH 1050—LS 6503/DI 139 47
2069+1 (B) At midnight of the birthday of the holder that occurs six
2070+2 (6) years after the date of issuance.
2071+3 SECTION 55. IC 9-24-16-4.5, AS AMENDED BY P.L.111-2021,
2072+4 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2073+5 JULY 1, 2023]: Sec. 4.5. (a) The bureau may adopt rules under
2074+6 IC 4-22-2 concerning the ability of an individual to renew an
2075+7 identification card issued in the form of a physical credential under
2076+8 section 5 of this chapter, apply for a replacement identification card
2077+9 issued in the form of a physical credential under section 9 of this
2078+10 chapter, or apply for a replacement identification card issued in the
2079+11 form of a physical credential under section 6 of this chapter by
2080+12 electronic service. If rules are adopted under this subsection, the rules
2081+13 must provide that an individual's renewal, amendment, or replacement
2082+14 of an identification card issued in the form of a physical credential
2083+15 by electronic service is subject to the following conditions:
2084+16 (1) A valid computerized image or digital photograph of the
2085+17 individual must exist within the records of the bureau.
2086+18 (2) The individual must be a citizen of the United States, as
2087+19 shown in the records of the bureau.
2088+20 (3) There must not have been any change in the:
2089+21 (A) legal address; or
2090+22 (B) name;
2091+23 of the individual since the issuance or previous renewal of the
2092+24 identification card issued in the form of a physical credential of
2093+25 the individual.
2094+26 (4) The identification card issued in the form of a physical
2095+27 credential of the individual must not be expired more than one
2096+28 hundred eighty (180) days at the time of the application for
2097+29 renewal.
2098+30 (b) An individual applying for:
2099+31 (1) the renewal of an identification card; or
2100+32 (2) a replacement identification card;
2101+33 must apply in person if the individual is not entitled to apply by mail or
2102+34 by electronic service under subsection (a).
2103+35 SECTION 56. IC 9-24-16-5, AS AMENDED BY P.L.147-2018,
2104+36 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2105+37 JULY 1, 2023]: Sec. 5. (a) An application for renewal of an
2106+38 identification card issued in the form of a physical credential may be
2107+39 made not more than twenty-four (24) months before the expiration date
2108+40 of the card issued in the form of a physical credential. However,
2109+41 when the applicant complies with section 3.5(1)(E) through 3.5(1)(J)
2110+42 3.5 of this chapter, an application for renewal of an identification card
2111+EH 1050—LS 6503/DI 139 48
2112+1 issued in the form of a physical credential may be filed not more
2113+2 than one (1) month before the expiration date of the identification card
2114+3 issued in the form of a physical credential held by the applicant.
2115+4 (b) Except as provided in subsection (d), a renewed card issued in
2116+5 the form of a physical credential is valid on the birth date of the
2117+6 holder and remains valid for six (6) years.
2118+7 (c) Renewal may not be granted if the cardholder was issued a
2119+8 driver's license issued in the form of a physical credential subsequent
2120+9 to the last issuance of an identification card issued in the form of a
2121+10 physical credential.
2122+11 (d) A renewed identification card issued under this article in the
2123+12 form of a physical credential to an applicant who complies with
2124+13 section 3.5(1)(E) through 3.5(1)(J) 3.5 of this chapter expires:
2125+14 (1) at midnight one (1) year after issuance, if there is no
2126+15 expiration date on the authorization granted to the individual to
2127+16 remain in the United States; or
2128+17 (2) if there is an expiration date on the authorization granted to
2129+18 the individual to remain in the United States, the earlier of the
2130+19 following:
2131+20 (A) At midnight of the date the authorization of the holder to
2132+21 be a legal have lawful status as a permanent resident or
2133+22 conditional resident alien of the United States expires.
2134+23 (B) At midnight of the birthday of the holder that occurs six
2135+24 (6) years after the date of issuance.
2136+25 SECTION 57. IC 9-24-16-15, AS ADDED BY P.L.111-2021,
2137+26 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2138+27 JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
2139+28 of twenty-five dollars ($25) if the bureau processes a credential an
2140+29 application for a physical credential under this chapter in a period of
2141+30 time that is shorter than the normal processing period. The bureau shall
2142+31 deposit the fee in the commission fund.
2143+32 (b) A fee imposed under this section is in addition to any other fee
2144+33 imposed under this chapter.
2145+34 SECTION 58. IC 9-24-16.5-15, AS ADDED BY P.L.111-2021,
2146+35 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2147+36 JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
2148+37 of twenty-five dollars ($25) if the bureau processes a credential an
2149+38 application for a physical credential under this chapter in a period of
2150+39 time that is shorter than the normal processing period. The bureau shall
2151+40 deposit the fee in the commission fund.
2152+41 (b) A fee imposed under this section is in addition to any other fee
2153+42 imposed under this chapter.
2154+EH 1050—LS 6503/DI 139 49
2155+1 SECTION 59. IC 9-24-17-1, AS AMENDED BY P.L.198-2016,
2156+2 SECTION 519, IS AMENDED TO READ AS FOLLOWS
2157+3 [EFFECTIVE JULY 1, 2023]: Sec. 1. The application form for a
2158+4 physical credential must allow an applicant to acknowledge the making
2159+5 of an anatomical gift under IC 29-2-16.1-4.
2160+6 SECTION 60. IC 9-24-17-2, AS AMENDED BY P.L.198-2016,
2161+7 SECTION 520, IS AMENDED TO READ AS FOLLOWS
2162+8 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The bureau shall inquire of
2163+9 every individual who applies for a physical credential whether the
2164+10 individual desires to make an anatomical gift.
2165+11 (b) If the individual does desire to make an anatomical gift, the
2166+12 bureau shall provide the individual the form by which the individual
2167+13 makes the gift.
2168+14 SECTION 61. IC 9-24-17-8, AS AMENDED BY P.L.198-2016,
2169+15 SECTION 524, IS AMENDED TO READ AS FOLLOWS
2170+16 [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Each anatomical gift made
2171+17 under this chapter must be made by the donor by acknowledging the
2172+18 making of the anatomical gift by signing the application form for the
2173+19 a physical credential under section 1 of this chapter. If the donor
2174+20 cannot sign, the application form may be signed for the donor:
2175+21 (1) at the donor's direction and in the donor's presence; and
2176+22 (2) in the presence of two (2) witnesses who must sign the
2177+23 document in the donor's and each other's presence.
2178+24 (b) The bureau shall place an identifying symbol on the face of the
2179+25 physical credential to indicate that the person to whom the physical
2180+26 credential is issued has acknowledged the making of an anatomical gift
2181+27 on the application form for the physical credential as set forth in
2182+28 subsection (a).
2183+29 (c) Revocation, suspension, cancellation, or expiration of the
2184+30 physical credential does not invalidate the anatomical gift.
2185+31 (d) An anatomical gift is valid if the individual acknowledges the
2186+32 making of the anatomical gift by signing the application form for a
2187+33 physical credential under subsection (a). No other acknowledgment is
2188+34 required to make an anatomical gift.
2189+35 SECTION 62. IC 9-24-17.5-1, AS AMENDED BY P.L.120-2020,
2190+36 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2191+37 JULY 1, 2023]: Sec. 1. (a) The bureau may develop a secure and
2192+38 uniform system to issue mobile credentials that can be accessed
2193+39 electronically through an application on a telecommunications device.
2194+40 (b) Notwithstanding the July 1, 2021, effective date in HEA
2195+41 1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
2196+42 1, 2020 (rather than July 1, 2021).
2197+EH 1050—LS 6503/DI 139 50
2198+1 (b) The form of a mobile credential issued by the bureau under
2199+2 this chapter must comply with:
2200+3 (1) the standards for implementation of mobile driving
2201+4 licenses set by the International Organization for
2202+5 Standardization and the International Electrotechnical
2203+6 Commission; and
2204+7 (2) the Mobile Driver's License Implementation Guidelines
2205+8 established by the American Association of Motor Vehicle
2206+9 Administrators.
2207+10 SECTION 63. IC 9-24-17.5-2, AS AMENDED BY P.L.120-2020,
2208+11 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2209+12 JULY 1, 2023]: Sec. 2. (a) In addition to a physical credential issued
2210+13 under this article, upon request by an applicant, the bureau may issue
2211+14 a mobile credential to an individual who satisfies the requirements for
2212+15 application under this article for the following:
2213+16 (1) A driver's license.
2214+17 (2) A learner's permit.
2215+18 (3) An identification card.
2216+19 (b) The bureau shall may not issue a mobile credential for:
2217+20 (1) a commercial driver's license issued under IC 9-24-6.1;
2218+21 (2) a commercial learner's permit issued under IC 9-24-6.1; or
2219+22 (3) a motorcycle learner's permit issued under IC 9-24-8-3;
2220+23 (4) a photo exempt driver's license issued under
2221+24 IC 9-24-11-5(b); or
2222+25 (3) (5) a photo exempt identification card issued under
2223+26 IC 9-24-16.5.
2224+27 (c) Notwithstanding the July 1, 2021, effective date in HEA
2225+28 1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
2226+29 1, 2020 (rather than July 1, 2021).
2227+30 SECTION 64. IC 9-24-17.7-1, AS ADDED BY P.L.111-2021,
2228+31 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2229+32 JULY 1, 2023]: Sec. 1. The bureau shall not request information
2230+33 regarding an individual's vaccination status or proof of immunity when
2231+34 an individual applies for a physical credential or a mobile credential
2232+35 under this article.
2233+36 SECTION 65. IC 9-24-17.7-2, AS ADDED BY P.L.111-2021,
2234+37 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2235+38 JULY 1, 2023]: Sec. 2. The bureau shall not collect, keep in a data
2236+39 base, place an indication on a physical credential or a mobile
2237+40 credential, or share information regarding an individual's vaccination
2238+41 status or proof of immunity.
2239+42 SECTION 66. IC 9-26-2-5, AS AMENDED BY P.L.178-2019,
2240+EH 1050—LS 6503/DI 139 51
2241+1 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2242+2 JULY 1, 2023]: Sec. 5. (a) As used in this section, "emergency contact
2243+3 data base" means the Indiana emergency contact data base described
2244+4 in IC 9-26-10-1.
2245+5 (b) As used in this section, "emergency contact person" means an
2246+6 individual who is listed in the emergency contact data base, including
2247+7 only individuals who are at least eighteen (18) years of age.
2248+8 (c) As used in this section, "qualifying motor vehicle accident"
2249+9 means a motor vehicle accident involving:
2250+10 (1) death; or
2251+11 (2) serious bodily injury.
2252+12 (d) As used in this section, "serious bodily injury" has the meaning
2253+13 set forth in IC 35-31.5-2-292.
2254+14 (e) A law enforcement officer, upon arriving at the scene of a
2255+15 qualifying motor vehicle accident, shall access the emergency contact
2256+16 data base and attempt to contact the emergency contact persons listed
2257+17 for a corresponding credential holder unable to communicate due to
2258+18 death or serious bodily injury. If contact with an emergency contact
2259+19 person is made, the law enforcement officer shall inform the
2260+20 emergency contact person that the credential holder has been involved
2261+21 in a qualifying motor vehicle accident.
2262+22 (f) A law enforcement officer shall attempt to contact a credential
2263+23 holder's the emergency contact persons of the holder of a physical
2264+24 credential within a reasonable amount of time after learning of or
2265+25 responding to a qualifying motor vehicle accident.
2266+26 (g) A law enforcement officer's good faith attempt to contact a
2267+27 credential holder's the emergency contact persons of the holder of a
2268+28 physical credential as described in subsection (f) immunizes the law
2269+29 enforcement officer from civil liability and all associated damages,
2270+30 including punitive damages, related to the law enforcement officer's
2271+31 inability to make:
2272+32 (1) any contact with a credential holder's the emergency contact
2273+33 persons of the holder of a physical credential; or
2274+34 (2) contact with a credential holder's the emergency contact
2275+35 persons of the holder of a physical credential within a
2276+36 reasonable amount of time after arriving at the scene of a
2277+37 qualifying motor vehicle accident.
2278+38 (h) If a law enforcement officer is not liable for an act or omission
2279+39 under this section, no other person incurs liability by reason of an
2280+40 agency relationship with the law enforcement officer.
2281+41 (i) A law enforcement officer may not be:
2282+42 (1) found liable; or
2283+EH 1050—LS 6503/DI 139 52
2284+1 (2) subject to damages;
2285+2 for any inaccuracy or omission related to the information contained in
2286+3 the emergency contact data base.
2287+4 (j) The duty imposed on a law enforcement officer by this section
2288+5 shall be performed in addition to any other duty required by this
2289+6 chapter.
2290+7 (k) A law enforcement agency may establish and implement
2291+8 protocols necessary to meet the law enforcement agency's obligations
2292+9 under this section.
2293+10 (l) A law enforcement agency is exempt from this chapter before the
2294+11 creation of the emergency contact data base by the bureau.
2295+12 SECTION 67. IC 9-26-10-1, AS AMENDED BY P.L.11-2019,
2296+13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2297+14 JULY 1, 2023]: Sec. 1. (a) The bureau shall create and maintain the
2298+15 Indiana emergency contact data base. The purpose of the emergency
2299+16 contact data base is to provide law enforcement officers and coroners
2300+17 with the means to contact emergency contact persons in the event of a
2301+18 motor vehicle accident that renders a credential the holder of a
2302+19 physical credential or a mobile credential unable to communicate
2303+20 due to death or serious bodily injury.
2304+21 (b) The emergency contact data base must consist of contact
2305+22 information for not more than two (2) emergency contact persons per
2306+23 credential holder of a physical credential or a mobile credential.
2307+24 SECTION 68. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
2308+25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2309+26 JULY 1, 2023]: Sec. 3. (a) As used in this chapter, "driver training
2310+27 school" means:
2311+28 (1) a business enterprise that:
2312+29 (A) is conducted by an individual, an association, a
2313+30 partnership, a limited liability company, or a corporation for
2314+31 the education and training of persons, practically or
2315+32 theoretically, or both, to operate or drive motor vehicles or to
2316+33 prepare an applicant for an examination or validation under
2317+34 IC 9-24 for a driver's license; and
2318+35 (B) charges consideration or tuition for the provision of
2319+36 services; or
2320+37 (2) a driver education program operated under the authority of:
2321+38 (A) a school corporation (as defined in IC 36-1-2-17);
2322+39 (B) a state accredited nonpublic secondary school that
2323+40 voluntarily becomes accredited under IC 20-31-4.1;
2324+41 (C) a postsecondary proprietary educational institution (as
2325+42 defined in IC 22-4.1-21-9);
2326+EH 1050—LS 6503/DI 139 53
2327+1 (D) a postsecondary credit bearing proprietary educational
2328+2 institution (as defined in IC 21-18.5-2-12);
2329+3 (E) a state educational institution (as defined in
2330+4 IC 21-7-13-32); or
2331+5 (F) a nonaccredited nonpublic school.
2332+6 (b) The term does not include a business enterprise that educates or
2333+7 trains a person or prepares a person:
2334+8 (1) for an examination or a validation given by the bureau to
2335+9 operate or drive a motor vehicle as a vocation; or
2336+10 (2) to operate a commercial motor vehicle.
2337+11 SECTION 69. IC 9-27-7-8 IS ADDED TO THE INDIANA CODE
2338+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2339+13 1, 2023]: Sec. 8. (a) The following are immune from civil liability
2340+14 for an act or omission occurring during a motorcycle operator
2341+15 safety education course that results in an injury or property
2342+16 damage:
2343+17 (1) The state of Indiana.
2344+18 (2) A regional training center contracted by the bureau or any
2345+19 other site approved by the commissioner to provide
2346+20 motorcycle driver education and training courses.
2347+21 (3) The owner of a site upon which a motorcycle operator
2348+22 safety education course is conducted.
2349+23 (4) An officer, agent, or employee of a person described in
2350+24 subdivisions (1) through (3).
2351+25 (b) The immunity described in subsection (a) does not apply if
2352+26 the person committed gross negligence or willful or wanton
2353+27 misconduct.
2354+28 SECTION 70. IC 9-32-13-7, AS AMENDED BY P.L.245-2019,
2355+29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2356+30 JULY 1, 2019 (RETROACTIVE)]: Sec. 7. (a) Except as provided in
2357+31 subsection (b), it is an unfair practice for a dealer to charge a document
2358+32 preparation fee in excess of two hundred dollars ($200). A document
2359+33 preparation fee less than two hundred dollars ($200) is permitted
2360+34 and does not constitute an unfair practice under this section. A
2361+35 document preparation fee under this section must be:
2362+36 (1) included in the advertised sale price of a vehicle; and
2363+37 (2) affirmatively disclosed:
2364+38 (A) in writing by the dealer during negotiations for the sale of
2365+39 a vehicle to a potential purchaser that states the dollar amount
2366+40 of the document preparation fee to be charged; and
2367+41 (B) as a separate line item on the purchaser's bill of sale or
2368+42 other purchase contract.
2369+EH 1050—LS 6503/DI 139 54
2370+1 (b) A document preparation fee under this section may be adjusted
2371+2 annually by a percentage equal to the annual percentage change in the
2372+3 Consumer Price Index, as published by the United States Bureau of
2373+4 Labor Statistics.
2374+5 SECTION 71. IC 9-33-1-1, AS AMENDED BY P.L.281-2019,
2375+6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2376+7 JULY 1, 2023]: Sec. 1. This article applies to the following:
2377+8 (1) Actions taken under a court order.
2378+9 (2) Actions required under IC 9-24-2-1, IC 9-24-2-2, or
2379+10 IC 9-24-2-4.
2380+11 (3) Actions required under IC 9-24-6 (before its repeal on July 1,
2381+12 2016).
2382+13 (4) Actions required under IC 9-24-6.5-6(c) (before its repeal on
2383+14 July 1, 2016).
2384+15 (5) Actions taken under IC 9-24-6.1.
2385+16 (6) Actions required under IC 9-25.
2386+17 (7) Except for a hearing requested under IC 9-28-2-9(c),
2387+18 actions taken under IC 9-28.
2388+19 (8) Actions required under IC 9-30.
2389+20 (9) Refunds claimed after June 30, 2016, of fees imposed by the
2390+21 bureau.
2391+22 (10) Actions taken under IC 9-22-1-4.
2392+23 SECTION 72. IC 24-5-13.5-5.5 IS ADDED TO THE INDIANA
2393+24 CODE AS A NEW SECTION TO READ AS FOLLOWS
2394+25 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. As used in this chapter,
2395+26 "initial resale" means the first time a dealer sells a buyback vehicle
2396+27 to a buyer after it has been repurchased by a manufacturer under
2397+28 this chapter or IC 24-5-13.
2398+29 SECTION 73. IC 24-5-13.5-10 IS AMENDED TO READ AS
2399+30 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This section
2400+31 applies to a buyback vehicle only at the time of the initial resale of
2401+32 the buyback vehicle.
2402+33 (b) A buyback motor vehicle may not be resold sold in Indiana
2403+34 unless the following conditions have been met:
2404+35 (1) The manufacturer provides the same express warranty the
2405+36 manufacturer provided to the original purchaser, except that the
2406+37 term of the warranty need only last for twelve thousand (12,000)
2407+38 miles or twelve (12) months after the date of resale.
2408+39 (2) The following disclosure language must be conspicuously
2409+40 contained in a contract for the sale initial resale or lease of a
2410+41 buyback vehicle to a consumer or contained in a form affixed to
2411+42 the contract:
2412+EH 1050—LS 6503/DI 139 55
2413+1 "IMPORTANT
2414+2 This vehicle was previously sold as new. It was subsequently
2415+3 returned to the manufacturer or authorized dealer in exchange for
2416+4 a replacement vehicle or a refund because it did not conform to
2417+5 the manufacturer's express warranty and the nonconformity was
2418+6 not cured within a reasonable time as provided by Indiana law.".
2419+7 (3) The manufacturer provides the dealer a separate document
2420+8 with a written statement identifying the vehicle conditions that
2421+9 formed the basis for the previous owner's or lessee's
2422+10 dissatisfaction and the steps taken to deal with that dissatisfaction
2423+11 in 10-point all capital type.
2424+12 SECTION 74. IC 24-5-13.5-11 IS AMENDED TO READ AS
2425+13 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Before reselling the
2426+14 initial resale of a buyback motor vehicle in Indiana, a dealer must
2427+15 provide to the buyer the express warranty required by section 10(1)
2428+16 10(b)(1) of this chapter and the written statement of disclosure required
2429+17 by section 10(3) 10(b)(3) of this chapter and obtain the buyer's
2430+18 acknowledgment of this disclosure at the time of sale the initial resale
2431+19 or lease as evidenced by the buyer's signature on the statement of
2432+20 disclosure.
2433+21 SECTION 75. IC 24-5-13.5-12, AS AMENDED BY P.L.27-2018,
2434+22 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2435+23 JULY 1, 2023]: Sec. 12. A manufacturer who accepts return of a motor
2436+24 vehicle that is considered a buyback vehicle under this chapter shall do
2437+25 the following:
2438+26 (1) Before transferring ownership of the buyback vehicle, place
2439+27 the notation "Manufacturer Buyback ) Disclosure on File" on the
2440+28 original certificate of title.
2441+29 (2) Not more than thirty-one (31) days after receipt of the
2442+30 certificate of title, apply to the bureau for a certificate of title in
2443+31 the name of the manufacturer and provide to the bureau a copy of
2444+32 the disclosure document required by section 10(3) 10(b)(3) of this
2445+33 chapter.
2446+34 SECTION 76. IC 24-5-13.5-13 IS AMENDED TO READ AS
2447+35 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) Except as
2448+36 provided in IC 34-30-34-3, a person who fails to comply with section
2449+37 10, 11, or 12 of this chapter is liable for the following:
2450+38 (1) Actual damages or the value of the consideration, at the
2451+39 election of the buyer.
2452+40 (2) The costs of an action to recover damages and reasonable
2453+41 attorney's fees.
2454+42 (3) Not more than three (3) times the value of the actual damages
2455+EH 1050—LS 6503/DI 139 56
2456+1 or the consideration as exemplary damages.
2457+2 (4) Other equitable relief, including restitution, as is considered
2458+3 proper in addition to damages and costs.
2459+4 (b) Actual damages under this section include the following:
2460+5 (1) The difference between the actual market value of the vehicle
2461+6 at the time of purchase and the contract price of the vehicle.
2462+7 (2) Towing, repair, and storage expenses.
2463+8 (3) Rental of substitute transportation.
2464+9 (4) Food and lodging expenses.
2465+10 (5) Lost wages.
2466+11 (6) Finance charges.
2467+12 (7) Sales or use tax or other governmental fees.
2468+13 (8) Lease charges.
2469+14 (9) Other incidental and consequential damages.
2470+15 (c) Lack of privity is not a bar to an action under this section.
2471+16 (d) This subsection does not apply to consent orders or stipulated
2472+17 judgments in which there is no admission of liability by the defendant.
2473+18 A permanent injunction, final judgment, or final order of the court
2474+19 obtained by the attorney general under section 14 of this chapter is
2475+20 prima facie evidence in an action brought under this section that the
2476+21 defendant has violated section 10, 11, or 12 of this chapter.
2477+22 (e) An action to enforce liability under this section may be brought
2478+23 within two (2) years from the date of discovery by the buyer.
2479+24 SECTION 77. IC 34-30-2.1-107.1 IS ADDED TO THE INDIANA
2480+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
2481+26 [EFFECTIVE JULY 1, 2023]: Sec. 107.1. IC 9-27-7-8 (Concerning
2482+27 acts or omissions that occur during a motorcycle operator safety
2483+28 education course).
2484+29 SECTION 78. IC 34-30-34 IS ADDED TO THE INDIANA CODE
2485+30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2486+31 JULY 1, 2023]:
2487+32 Chapter 34. Immunity for a Buyback Vehicle.
2488+33 Sec. 1. As used in this chapter, "dealer" has the meaning set
2489+34 forth in IC 9-32-2-9.6.
2490+35 Sec. 2. As used in this chapter, "buyback vehicle" has the
2491+36 meaning set forth in IC 24-5-13.5-3.
2492+37 Sec. 3. (a) A dealer is immune from civil liability in an action
2493+38 based on a violation of IC 24-5-13.5-10 if the dealer has a
2494+39 reasonable good faith belief that the vehicle subject to the action
2495+40 was not a buyback vehicle.
2496+41 (b) Subsection (a) does not apply to an act of gross negligence or
2497+42 willful or wrongful misconduct.
2498+EH 1050—LS 6503/DI 139 57
2499+1 SECTION 79. [EFFECTIVE UPON PASSAGE] (a) The bureau of
2500+2 motor vehicles shall adopt rules under IC 4-22-2, including
2501+3 emergency rules in the manner provided under IC 4-22-2-37.1,
2502+4 necessary to implement the issuance and administration of the
2503+5 following:
2504+6 (1) Driver's licenses, permits, or identification cards for
2505+7 individuals granted parole as defined in IC 9-13-2-121.5.
2506+8 (2) Registrations and certificates of title for motor vehicles of
2507+9 individuals granted parole as defined in IC 9-13-2-121.5.
2508+10 (b) This SECTION expires July 1, 2025.
2509+11 SECTION 80. An emergency is declared for this act.
2510+EH 1050—LS 6503/DI 139 58
2511+COMMITTEE REPORT
2512+Mr. Speaker: Your Committee on Roads and Transportation, to
2513+which was referred House Bill 1050, has had the same under
2514+consideration and begs leave to report the same back to the House with
2515+the recommendation that said bill be amended as follows:
2516+Replace the effective date in SECTION 13 with "[EFFECTIVE
2517+UPON PASSAGE]".
2518+Replace the effective date in SECTION 20 with "[EFFECTIVE
2519+UPON PASSAGE]".
2520+Replace the effective date in SECTION 22 with "[EFFECTIVE
2521+UPON PASSAGE]".
2522+Replace the effective dates in SECTIONS 25 through 26 with
2523+"[EFFECTIVE UPON PASSAGE]".
2524+Replace the effective date in SECTION 28 with "[EFFECTIVE
2525+UPON PASSAGE]".
2526+Replace the effective dates in SECTIONS 33 through 36 with
2527+"[EFFECTIVE UPON PASSAGE]".
2528+Page 1, between the enacting clause and line 1, begin a new
2529+paragraph and insert:
2530+"SECTION 1. IC 6-6-2.5-1, AS AMENDED BY P.L.212-2014,
962531 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97-JANUARY 1, 2024]: Sec. 1. As used in this chapter, "alternative fuel"
98-means a liquefied petroleum gas, not including a biodiesel fuel or
99-biodiesel blend, used in an internal combustion engine or motor to
100-propel any form of vehicle, machine, or mechanical contrivance. The
101-term includes all forms of fuel commonly or commercially known or
102-sold as butane, or propane, hydrogen, hythane, electricity, or any
103-other fuel used to propel a motor vehicle on a highway that is not
104-subject to the tax imposed under section 28 of this chapter or the
105-tax imposed under IC 6-6-1.1.
106-SECTION 3. IC 6-6-4.1-2, AS AMENDED BY P.L.198-2016,
2532+JULY 1, 2023]: Sec. 1. As used in this chapter, "alternative fuel" means
2533+a liquefied petroleum gas, not including a biodiesel fuel or biodiesel
2534+blend, used in an internal combustion engine or motor to propel any
2535+form of vehicle, machine, or mechanical contrivance. The term
2536+includes all forms of fuel commonly or commercially known or sold as
2537+butane, or propane, hydrogen, hythane, electricity, or any other fuel
2538+used to propel a motor vehicle on a highway that is not subject to
2539+the tax imposed under section 28 of this chapter or the tax imposed
2540+under IC 6-6-1.1.
2541+SECTION 2. IC 6-6-4.1-2, AS AMENDED BY P.L.198-2016,
1072542 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108-JANUARY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b),
109-this chapter applies to each:
2543+JULY 1, 2023]: Sec. 2. (a) Except as provided in subsection (b), this
2544+chapter applies to each:
1102545 (1) road tractor;
1112546 (2) tractor truck;
1122547 (3) truck having more than two (2) axles;
1132548 (4) truck having a gross weight or a declared gross weight greater
1142549 than twenty-six thousand (26,000) pounds; and
1152550 (5) vehicle used in combination if the gross weight or the declared
1162551 gross weight of the combination is greater than twenty-six
2552+EH 1050—LS 6503/DI 139 59
1172553 thousand (26,000) pounds; and
118-(6) qualified motor vehicle that is subject to the tax reporting
119-requirements of the International Fuel Tax Agreement;
2554+(6) any other qualified motor vehicle that is subject to the tax
2555+reporting requirements of the International Fuel Tax
2556+Agreement;
1202557 that is propelled by motor fuel.
1212558 (b) This chapter does not apply to the following:
1222559 (1) A vehicle operated by:
123-HEA 1050 — CC 1 4
1242560 (A) this state;
1252561 (B) a political subdivision (as defined in IC 36-1-2-13);
1262562 (C) the United States; or
1272563 (D) an agency of states and the United States, or of two (2) or
1282564 more states, in which this state participates.
1292565 (2) Trucks, trailers, or semitrailers and tractors that are registered
1302566 as farm trucks, farm trailers, or farm semitrailers and tractors
1312567 under IC 9-18 (before its expiration), IC 9-18.1-7, or a similar law
1322568 of another state.
1332569 (3) A bus (as defined in IC 9-13-2-17).
1342570 (4) A vehicle described in subsection (a)(1) through (a)(3) when
1352571 the vehicle is displaying a dealer registration plate.
1362572 (5) A recreational vehicle.
1372573 (6) A pickup truck that:
1382574 (A) is modified to include a third free rotating axle;
1392575 (B) has a gross weight not greater than twenty-six thousand
1402576 (26,000) pounds; and
1412577 (C) is operated solely for personal use and not for commercial
1422578 use.
143-SECTION 4. IC 6-6-4.1-4, AS AMENDED BY P.L.234-2019,
2579+SECTION 3. IC 6-6-4.1-4, AS AMENDED BY P.L.234-2019,
1442580 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145-JANUARY 1, 2024]: Sec. 4. (a) A tax is imposed on the consumption
146-of motor fuel by a carrier in its operations on highways in Indiana. The
2581+JULY 1, 2023]: Sec. 4. (a) A tax is imposed on the consumption of
2582+motor fuel by a carrier in its operations on highways in Indiana. The
1472583 rate of this tax is determined as follows:
1482584 (1) When imposed upon the consumption of special fuel (other
1492585 than an alternative fuel or a natural gas product), the tax rate is
1502586 the same rate per gallon as the rate per gallon at which special
1512587 fuel is taxed under IC 6-6-2.5.
1522588 (2) When imposed upon the consumption of gasoline, the tax rate
1532589 is the same rate per gallon as the rate per gallon at which gasoline
1542590 is taxed under IC 6-6-1.1.
1552591 (3) When imposed upon the consumption of a natural gas product
156-or an alternative fuel, the tax rate is either one (1) of the
157-following:
2592+or an alternative fuel, the tax rate is either of the following:
1582593 (A) The same rate per diesel gallon equivalent as the rate per
1592594 gallon at which special fuel is taxed under IC 6-6-2.5, in the
2595+EH 1050—LS 6503/DI 139 60
1602596 case of liquid natural gas.
1612597 (B) The same rate per gasoline gallon equivalent at which
1622598 special fuel is taxed under IC 6-6-2.5, in the case of
1632599 compressed natural gas or an alternative fuel commonly or
1642600 commercially known or sold as butane or propane.
1652601 (C) The same rate per gallon equivalent at which special
166-HEA 1050 — CC 1 5
167-fuel is taxed under IC 6-6-2.5, in the case of an alternative
168-fuel not commonly known or sold as butane or propane,
169-divided by:
170-(i) the carrier's average miles per gallon for all vehicles
171-in the fleet that consume motor fuels described in
172-subdivision (1), if the fleet has both vehicles that
173-consume motor fuels described in subdivision (1) and
174-vehicles that consume alternative fuels that are not
2602+fuel is taxed under IC 6-6-2.5 divided by the carrier's
2603+average miles per gallon for all vehicles within the
2604+carrier's fleet that consume fuels described in subdivision
2605+(1) or (2), in the case of an alternative fuel that is not
1752606 commonly or commercially known or sold as butane or
176-propane; or
177-(ii) the carrier's average miles per gallon for the
178-preceding quarter of Indiana based International Fuel
179-Tax Agreement vehicles consuming motor fuels
180-described in subdivision (1), if all vehicles in the fleet
181-consume an alternative fuel that is not commonly or
182-commercially known or sold as butane or propane.
2607+propane.
1832608 The tax shall be paid quarterly by the carrier to the department on or
184-before the last day of the month immediately following the quarter. The
185-department shall publish on its website each quarter the average
186-miles per gallon for the preceding quarter for a vehicle described
187-in subdivision (3)(C)(ii).
2609+before the last day of the month immediately following the quarter.
1882610 (b) Except for an alternative fuel that is not commonly or
1892611 commercially known or sold as butane or propane, the amount of
1902612 motor fuel consumed by a carrier in its operations on highways in
1912613 Indiana is the total amount of motor fuel consumed in its entire
1922614 operations within and without Indiana, multiplied by a fraction. The
1932615 numerator of the fraction is the total number of miles traveled on
1942616 highways in Indiana, and the denominator of the fraction is the total
1952617 number of miles traveled within and without Indiana.
1962618 (c) The amount of tax that a carrier shall pay for a particular quarter
1972619 under this section equals the product of the tax rate in effect for that
1982620 quarter, multiplied by:
1992621 (1) except as provided in subdivision (2), the amount of motor
2002622 fuel consumed by the carrier in its operation on highways in
2012623 Indiana and upon which the carrier has not paid tax imposed
2022624 under IC 6-6-1.1, IC 6-6-2.5, or section 4.5 of this chapter (before
2032625 its repeal); or
2042626 (2) the miles traveled on highways in Indiana for an
2052627 alternative fuel that is not commonly or commercially known
2062628 or sold as butane or propane.
2072629 (d) Subject to section 4.8 of this chapter, a carrier is entitled to a
2082630 proportional use credit against the tax imposed under this section for
209-HEA 1050 — CC 1 6
2102631 that portion of motor fuel used to propel equipment mounted on a
2112632 motor vehicle having a common reservoir for locomotion on the
2122633 highway and the operation of the equipment, as determined by rule of
2132634 the commissioner. An application for a proportional use credit under
2142635 this subsection shall be filed on a quarterly basis on a form prescribed
2152636 by the department.
216-SECTION 5. IC 6-6-4.1-4.8, AS AMENDED BY P.L.185-2018,
2637+SECTION 4. IC 6-6-4.1-4.8, AS AMENDED BY P.L.185-2018,
2638+EH 1050—LS 6503/DI 139 61
2172639 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2182640 JULY 1, 2023]: Sec. 4.8. (a) This section applies only to a claim for a
2192641 proportional use credit under section 4(d) of this chapter or section
2202642 4.5(e) of this chapter (before its repeal) for taxes first due and payable
2212643 after July 31, 1999.
2222644 (b) In order to obtain a proportional use credit against taxes imposed
2232645 under section 4 of this chapter or section 4.5 of this chapter (before its
2242646 repeal) a carrier must file a claim with the department. The claim must
2252647 be submitted on a form prescribed by the department and must be filed
2262648 with the quarterly return for the taxable period for which the
2272649 proportional use credit is claimed. A carrier is not entitled to a
2282650 proportional use credit under section 4(d) of this chapter or section
2292651 4.5(e) of this chapter (before its repeal) unless the carrier:
2302652 (1) has paid in full the taxes to which the credit applies, except
2312653 for an alternative fuel; and
2322654 (2) has filed a claim for the credit on or before the due date of the
2332655 corresponding quarterly return for the taxable period for which
2342656 the proportional use credit is claimed.
2352657 A credit approved under this section shall, subject to this section, be
2362658 refunded to the carrier without interest.
2372659 (c) The department shall determine the aggregate amount of
2382660 proportional use credits claimed under section 4(d) of this chapter or
2392661 section 4.5(e) of this chapter (before its repeal) for each quarter. The
2402662 department may approve the full amount of a proportional use credit
2412663 claimed by a carrier if the aggregate amount of proportional use credits
2422664 claimed for the quarter and for the fiscal year do not exceed the limits
2432665 set forth in subsection (d). If the aggregate amount of proportional use
2442666 credits claimed in a quarter exceeds the limits set forth in subsection
2452667 (d), the department shall pay the claims for that quarter on a pro rata
2462668 basis.
2472669 (d) The department may not approve more than three million five
2482670 hundred thousand dollars ($3,500,000) of proportional use credits
2492671 under this section in a state fiscal year. In addition, the amount of
2502672 proportional use credits the department may approve under this section
2512673 for a quarter may not exceed the following:
252-HEA 1050 — CC 1 7
2532674 (1) For the quarter ending September 30 of a year, an amount
2542675 equal to one million three hundred seventy-five thousand dollars
2552676 ($1,375,000).
2562677 (2) For the quarter ending December 31 of a year, an amount
2572678 equal to:
2582679 (A) six hundred twenty-five thousand dollars ($625,000); plus
2592680 (B) the greater of zero (0) or the result of:
2681+EH 1050—LS 6503/DI 139 62
2602682 (i) the limit determined for the previous quarter under this
2612683 subsection; minus
2622684 (ii) the aggregate amount of claims approved for the
2632685 previous quarter.
2642686 (3) For the quarter ending March 31 of a year, an amount equal
2652687 to:
2662688 (A) six hundred twenty-five thousand dollars ($625,000); plus
2672689 (B) the greater of zero (0) or the result of:
2682690 (i) the limit determined for the previous quarter under this
2692691 subsection; minus
2702692 (ii) the aggregate amount of claims approved for the
2712693 previous quarter.
2722694 (4) For the quarter ending June 30 of a year, an amount equal to:
2732695 (A) eight hundred seventy-five thousand dollars ($875,000);
2742696 plus
2752697 (B) the greater of zero (0) or the result of:
2762698 (i) the limit determined for the previous quarter under this
2772699 subsection; minus
2782700 (ii) the aggregate amount of claims approved for the
2792701 previous quarter.
2802702 (e) A carrier that is exempt from the quarterly reporting
2812703 requirements under section 10 of this chapter must continue to file
2822704 a quarterly return under this section to obtain a proportional use
2832705 credit.
284-SECTION 6. IC 6-6-4.1-9 IS AMENDED TO READ AS
285-FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) Except as
2706+SECTION 5. IC 6-6-4.1-9 IS AMENDED TO READ AS
2707+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) Except as
2862708 provided in subsection (b), if there are no records showing the number
2872709 of miles actually operated per gallon of motor fuel and if section 11(c)
2882710 of this chapter is inapplicable, it is presumed for purposes of this
2892711 chapter that one (1) gallon of motor fuel is consumed for every four (4)
2902712 miles traveled.
2912713 (b) This section does not apply to an alternative fuel that is not
2922714 commonly or commercially known or sold as butane or propane.
293-SECTION 7. IC 6-6-4.1-10, AS AMENDED BY P.L.45-2011,
2715+SECTION 6. IC 6-6-4.1-10, AS AMENDED BY P.L.45-2011,
2942716 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295-HEA 1050 — CC 1 8
2962717 JULY 1, 2023]: Sec. 10. (a) Except as provided in section 13 of this
2972718 chapter, each carrier subject to the tax imposed under this chapter shall
2982719 submit to the department such quarterly reports of the operations of
2992720 commercial motor vehicles giving rise to the carrier's tax liability as the
3002721 department may require. The carrier shall submit each quarterly report
3012722 required under this subsection on or before the last day of the month
3022723 immediately following that quarter.
303-(b) Subject to the restrictions of this subsection and subsection (c),
304-(d) and section 4.8 of this chapter, the department may, by rules
305-adopted under IC 4-22-2, exempt any a carrier is exempt from the
306-quarterly reporting requirements of this section The department may
307-exempt only a carrier who submits an annual affidavit attesting that: if
2724+EH 1050—LS 6503/DI 139 63
2725+(b) Subject to the restrictions of this subsection and subsection (c)
2726+and section 4.8 of this chapter, the department may, by rules adopted
2727+under IC 4-22-2, exempt any a carrier is exempt from the quarterly
2728+reporting requirements of this section The department may exempt only
2729+a carrier who submits an annual affidavit attesting that: if
3082730 (1) all or substantially all of:
3092731 (1) the mileage of the carrier in the previous calendar year was the
3102732 result of operations in Indiana; and
3112733 (2) all or substantially all of the motor fuel used in the operations
3122734 of the carrier in the previous calendar year was purchased in
3132735 Indiana or and the carrier paid the tax imposed under
3142736 IC 6-6-1.1 or IC 6-6-2.5.
3152737 (3) the carrier is from a state that has a reciprocity agreement with
3162738 the state of Indiana relating to motor fuel taxes.
3172739 (c) The department may exempt carriers under subsection (b) only
3182740 if:
3192741 (1) granting exemptions will not adversely affect the enforcement
3202742 of this chapter; and
3212743 (2) the carriers that apply for exemptions purchased an equitable
3222744 amount of motor fuel in Indiana.
323-(c) A carrier is required to report and to pay the tax imposed by
324-this chapter only on alternative fuel if:
325-(1) all or substantially all of the mileage of the carrier in a
326-quarter is the result of operations in Indiana; and
327-(2) the motor fuel used for operations during the quarter was
328-purchased in Indiana, some of which was alternative fuel.
329-(d) A carrier that is exempt under subsection (b) or meets the
330-requirements of subsection (c) is subject to section 20 of this
331-chapter and is required to keep books and records as required by
332-IC 6-8.1-5 regarding the tax imposed under section 4 of this
333-chapter.
334-(d) (e) Each carrier shall submit to the department any other reports
2745+(c) A carrier that is exempt under subsection (b) is subject to
2746+section 20 of this chapter and is required to keep books and records
2747+as required by IC 6-8.1-5 regarding the tax imposed under section
2748+4 of this chapter.
2749+(d) Each carrier shall submit to the department any other reports
3352750 required by the department.
336-(e) (f) All reports required to be filed under this chapter must be
337-filed in an electronic format prescribed by the department.
338-HEA 1050 — CC 1 9
339-(f) (g) All taxes required to be remitted under this chapter must be
2751+(e) All reports required to be filed under this chapter must be filed
2752+in an electronic format prescribed by the department.
2753+(f) All taxes required to be remitted under this chapter must be
3402754 remitted in an electronic format prescribed by the department.
341-SECTION 8. IC 6-6-4.1-12, AS AMENDED BY P.L.182-2009(ss),
2755+SECTION 7. IC 6-6-4.1-12, AS AMENDED BY P.L.182-2009(ss),
3422756 SECTION 235, IS AMENDED TO READ AS FOLLOWS
3432757 [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) Except as provided in
3442758 subsection (h) and as authorized under section 13 of this chapter, a
3452759 carrier may operate a commercial motor vehicle upon the highways in
3462760 Indiana only if the carrier has been issued an annual permit, cab card,
3472761 and emblem under this section.
3482762 (b) Except as provided in subsection (h), the department shall
3492763 issue:
3502764 (1) an annual permit; and
3512765 (2) a cab card and an emblem for each commercial motor vehicle
3522766 that will be operated by the carrier upon the highways in Indiana;
2767+EH 1050—LS 6503/DI 139 64
3532768 to a carrier who applies for an annual permit and pays to the
3542769 department an annual permit fee of twenty-five dollars ($25) not later
3552770 than September 1 of the year before the annual permit is effective
3562771 under subsection (c).
3572772 (c) Except as provided in subsection (h), the annual permit, cab
3582773 card, and emblem are effective from January 1 of each year through
3592774 December 31 of the same year. The department may extend the
3602775 expiration date of the annual permit, cab card, and emblem for no more
3612776 than sixty (60) days. The annual permit, each cab card, and each
3622777 emblem issued to a carrier remain the property of this state and may be
3632778 suspended or revoked by the department for any violation of this
3642779 chapter or of the rules concerning this chapter adopted by the
3652780 department under IC 4-22-2.
3662781 (d) Except as provided in subsection (h), as evidence of
3672782 compliance with this section, and for the purpose of enforcement, a
3682783 carrier shall display on each commercial motor vehicle an emblem
3692784 when the vehicle is being operated by the carrier in Indiana. The carrier
3702785 shall affix the emblem to the vehicle in the location designated by the
3712786 department. The carrier shall display in each vehicle the cab card
3722787 issued by the department. The carrier shall retain the original annual
3732788 permit at the address shown on the annual permit. During the month of
3742789 December, the carrier shall display the cab card and emblem that are
3752790 valid through December 31 or a full year cab card and emblem issued
3762791 to the carrier for the ensuing twelve (12) months. If the department
3772792 grants an extension of the expiration date, the carrier shall continue to
3782793 display the cab card and emblem upon which the extension was
3792794 granted.
3802795 (e) If a commercial motor vehicle is operated by more than one (1)
381-HEA 1050 — CC 1 10
3822796 carrier, as evidence of compliance with this section and for purposes
3832797 of enforcement each carrier shall display in the commercial motor
3842798 vehicle a reproduced copy of the carrier's annual permit when the
3852799 vehicle is being operated by the carrier in Indiana.
3862800 (f) A person who fails to display an emblem required by this section
3872801 on a commercial motor vehicle, does not have proof in the vehicle that
3882802 the annual permit has been obtained, and operates that vehicle on an
3892803 Indiana highway commits a Class C infraction. Each day of operation
3902804 without an emblem constitutes a separate infraction. Notwithstanding
3912805 IC 34-28-5-4, a judgment of not less than one hundred dollars ($100)
3922806 shall be entered for each Class C infraction under this subsection.
3932807 (g) A person who displays an altered, false, or fictitious cab card
3942808 required by this section in a commercial motor vehicle, does not have
3952809 proof in the vehicle that the annual permit has been obtained, and
2810+EH 1050—LS 6503/DI 139 65
3962811 operates that vehicle on an Indiana highway commits a Class C
3972812 infraction. Each day of operation with an altered, false, or fictitious cab
3982813 card constitutes a separate infraction.
3992814 (h) A carrier is exempt from the requirements under subsections
4002815 (a) through (d) if the carrier is exempt from the quarterly
401-reporting requirement under section 10(b) of this chapter.
402-(i) A carrier that meets the requirements of section 10(c) of this
403-chapter shall display an emblem on a vehicle that consumes
404-alternative fuel.
405-SECTION 9. IC 6-6-4.1-17, AS AMENDED BY P.L.185-2018,
406-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
407-JULY 1, 2023]: Sec. 17. If a carrier:
408-(1) fails to file a quarterly report required by this chapter;
409-(2) fails to pay the tax imposed under section 4 of this chapter or
410-section 4.5 of this chapter (before its repeal);
411-(3) files a report after the date established under this chapter;
412-(4) with respect to a listed tax (as defined in IC 6-8.1-1-1), fails
413-to file all tax returns or information reports or to pay all taxes,
414-penalties, and interest;
415-(5) fails to file a form or report required under this chapter or the
416-International Fuel Tax Agreement in an electronic format
417-prescribed by the department; or
418-(6) fails to remit taxes under section 10(f) 10(g) of this chapter;
419-the commissioner may suspend or revoke any annual permit, trip
420-permit, temporary authorization, or repair and maintenance permit
421-issued to the carrier. The commissioner may reinstate a permit or
422-temporary authorization if a carrier files all required returns and reports
423-and pays all outstanding liabilities.
424-HEA 1050 — CC 1 11
425-SECTION 10. IC 7.1-3-23-20.5, AS AMENDED BY P.L.85-2017,
426-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
427-UPON PASSAGE]: Sec. 20.5. (a) As used in this section, "adult
428-entertainment" means adult oriented entertainment in which performers
429-disrobe or perform in an unclothed state for entertainment.
430-(b) This section applies to the holder of a retailer's permit that
431-provides adult entertainment on the licensed premises.
432-(c) The holder of a retailer's permit that provides adult entertainment
433-on the licensed premises shall do the following:
434-(1) Require a performer who provides adult entertainment on the
435-licensed premises to provide proof of age by at least one (1) form
436-of government issued identification, including a:
437-(A) state issued driver's license;
438-(B) state issued identification card; or
439-(C) passport;
440-showing the performer to be at least eighteen (18) years of age.
441-(2) Require a performer who provides adult entertainment on the
442-licensed premises to provide proof of legal residency in the
443-United States by means of:
444-(A) a birth certificate;
445-(B) a Social Security card;
446-(C) a passport;
447-(D) valid documentary evidence described in of lawful status
448-under IC 9-24-9-2.5; or
449-(E) other valid documentary evidence issued by the United
450-States demonstrating that the performer is entitled to reside in
451-the United States.
452-(3) Take a photograph of each adult entertainer who auditions to
453-provide adult entertainment at the licensed premises at the time
454-of the audition and retain the photograph for at least three (3)
455-years after:
456-(A) the date of the audition; or
457-(B) the last day on which the performer provides adult
458-entertainment at the licensed premises;
459-whichever is later. A photograph taken under this subdivision
460-may show only the adult entertainer's facial features.
461-(4) Require all performers and other employees of the retail
462-permit holder to sign a document approved by the commission to
463-acknowledge their awareness of the problem of human trafficking.
464-(5) Display human trafficking awareness posters in at least two
465-(2) of the following locations on the licensed premises:
466-(A) The office of the manager of the licensed premises.
467-HEA 1050 — CC 1 12
468-(B) The locker room used by performers or other employees.
469-(C) The break room used by performers or other employees.
470-Posters displayed under this subdivision must describe human
471-trafficking, state indicators of human trafficking (such as
472-restricted freedom of movement and signs of physical abuse), set
473-forth hotline telephone numbers for law enforcement, and be
474-approved by the commission.
475-(6) Cooperate with any law enforcement investigation concerning
476-allegations of a violation of this section.
477-(d) The commission may revoke, suspend, or refuse to renew the
478-permit issued for the licensed premises if the holder fails to comply
479-with subsection (c).
480-(e) In determining whether to revoke, suspend, or refuse to renew
481-the permit issued for a licensed premises under subsection (d), the
482-commission may consider:
483-(1) the extent to which the permit holder has cooperated with any
484-law enforcement investigation as required by subsection (c)(6);
485-and
486-(2) whether the permit holder has provided training to performers
487-who provide adult entertainment at the permit holder's licensed
488-premises and other employees of the licensed premises through a
489-program that:
490-(A) is designed to increase the awareness of human trafficking
491-and assist victims of human trafficking; and
492-(B) has been approved by:
493-(i) a department of the United States government; or
494-(ii) a nationwide association made up of operators who run
495-adult entertainment establishments.
496-SECTION 11. IC 9-13-2-39.7 IS REPEALED [EFFECTIVE JULY
497-1, 2023]. Sec. 39.7. "Credential" means the following:
498-(1) The following forms of documentation in physical form issued
499-by the bureau under IC 9-24:
500-(A) A driver's license.
501-(B) A learner's permit.
502-(C) An identification card.
503-(D) A photo exempt identification card.
504-(2) The following forms of documentation in the form of a mobile
505-credential issued by the bureau under IC 9-24:
506-(A) Except for a commercial driver's license issued under
507-IC 9-24-6.1, a driver's license.
508-(B) Except for a commercial learner's permit issued under
509-IC 9-24-6.1, a learner's permit.
510-HEA 1050 — CC 1 13
511-(C) An identification card.
512-(3) For the purposes of IC 9-24-17.7, any form of documentation
513-in physical form or digital form accessible on a mobile device
514-issued by the bureau under IC 9-24.
515-SECTION 12. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
516-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
517-JULY 1, 2023]: Sec. 48. (a) "Driver's license" means the following:
518-(1) Any type of license issued by the state in physical the form of
519-a physical credential authorizing an individual to operate the
520-type of vehicle for which the license was issued, in the manner for
521-which the license was issued, on a highway. The term includes
522-any endorsements added to the license under IC 9-24-8.5.
523-(2) Except for a commercial driver's license issued under
524-IC 9-24-6.1, any type of license issued by the state in the form of
525-a mobile credential authorizing an individual to operate the type
526-of vehicle for which the license was issued, in the manner for
527-which the license was issued, on a highway. The term includes
528-any endorsements added to the license under IC 9-24-8.5.
529-(b) Notwithstanding the July 1, 2021, effective date in HEA
530-1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
531-1, 2020 (rather than July 1, 2021).
532-SECTION 13. IC 9-13-2-74.5, AS AMENDED BY P.L.120-2020,
533-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
534-JULY 1, 2023]: Sec. 74.5. (a) "Identification card" means an
535-identification document issued by a state government either in physical
536-the form of a physical credential or in the form of a mobile credential
537-for purposes of identification.
538-(b) Notwithstanding the July 1, 2021, effective date in HEA
539-1506-2019, SECTION 34 (P.L.178-2019), this section takes effect July
540-1, 2020 (rather than July 1, 2021).
541-SECTION 14. IC 9-13-2-78, AS AMENDED BY P.L.198-2016,
2816+reporting requirement under section 10(b) of this chapter.".
2817+Page 4, between lines 13 and 14, begin a new paragraph and insert:
2818+"SECTION 5. IC 9-13-2-78, AS AMENDED BY P.L.198-2016,
5422819 SECTION 121, IS AMENDED TO READ AS FOLLOWS
5432820 [EFFECTIVE UPON PASSAGE]: Sec. 78. "Indiana resident" refers to
5442821 a person that is one (1) of the following:
5452822 (1) An individual who lives in Indiana for at least one hundred
5462823 eighty-three (183) days during a calendar year and who has a
5472824 legal residence in another state. However, the term does not
5482825 include an individual who lives in Indiana for any of the following
5492826 purposes:
5502827 (A) Attending a postsecondary educational institution.
5512828 (B) Serving on active duty in the armed forces of the United
5522829 States.
553-HEA 1050 — CC 1 14
5542830 (C) Temporary employment.
5552831 (D) Other purposes, without the intent of making Indiana a
5562832 permanent home.
5572833 (2) An individual who is living in Indiana if the individual has no
5582834 other legal residence.
5592835 (3) An individual who is registered to vote in Indiana or who
5602836 satisfies the standards for determining residency in Indiana under
5612837 IC 3-5-5.
5622838 (4) An individual who has a dependent enrolled in an elementary
5632839 or a secondary school located in Indiana.
5642840 (5) A person that maintains a:
5652841 (A) main office;
5662842 (B) branch office;
5672843 (C) warehouse; or
5682844 (D) business facility;
5692845 in Indiana.
5702846 (6) A person that bases and operates vehicles in Indiana.
5712847 (7) A person that operates vehicles in intrastate haulage in
5722848 Indiana.
5732849 (8) A person who is living in Indiana and has been granted
574-parole.
2850+parole as defined in IC 9-13-2-121.5.
5752851 (8) (9) A person that has more than one-half (1/2) of the person's
5762852 gross income (as defined in Section 61 of the Internal Revenue
2853+EH 1050—LS 6503/DI 139 66
5772854 Code) derived from sources in Indiana using the provisions
5782855 applicable to determining the source of adjusted gross income that
5792856 are set forth in IC 6-3-2-2. However, a person that is considered
5802857 a resident under this subdivision is not a resident if the person
5812858 proves by a preponderance of the evidence that the person is not
582-a resident under subdivisions (1) through (7). (8).
583-SECTION 15. IC 9-13-2-92.3 IS ADDED TO THE INDIANA
2859+a resident under subdivisions (1) through (7).".
2860+Page 5, between lines 6 and 7, begin a new paragraph and insert:
2861+"SECTION 7. IC 9-13-2-121.5 IS ADDED TO THE INDIANA
5842862 CODE AS A NEW SECTION TO READ AS FOLLOWS
585-[EFFECTIVE UPON PASSAGE]: Sec. 92.3. (a) "Lawful status"
586-means that an individual has lawful status as:
587-(1) a citizen or national of the United States; or
588-(2) an alien who:
589-(A) is lawfully admitted for permanent residence or
590-temporary residence;
591-(B) has conditional permanent resident status;
592-(C) has a pending or approved application for asylum;
593-(D) has refugee status;
594-(E) has valid nonimmigrant status;
595-(F) has a pending or approved application for temporary
596-HEA 1050 — CC 1 15
597-protected status;
598-(G) has approved deferred action status; or
599-(H) has a pending application for lawful permanent
600-resident status or conditional permanent resident status;
601-in the United States.
602-(b) The term does not include parole.
603-SECTION 16. IC 9-13-2-103.4, AS AMENDED BY P.L.120-2020,
604-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605-JULY 1, 2023]: Sec. 103.4. (a) "Mobile credential" means a digital
606-representation data issued to a telecommunications device by the
607-bureau under IC 9-24-17.5 of the information contained on the
608-following:
609-(1) A driver's license.
610-(2) A learner's permit.
611-(3) An identification card.
612-The term does not include a commercial driver's license or commercial
613-learner's permit issued under IC 9-24-6.1, a motorcycle learner's
614-permit issued under IC 9-24-8-3, a photo exempt driver's license
615-issued under IC 9-24-11-5(b), or a photo exempt identification card
616-issued under IC 9-24-16.5.
617-(b) Notwithstanding the July 1, 2021, effective date in HEA
618-1506-2019, SECTION 36 (P.L.178-2019), this section takes effect July
619-1, 2020 (rather than July 1, 2021).
620-SECTION 17. IC 9-13-2-121.5 IS ADDED TO THE INDIANA
621-CODE AS A NEW SECTION TO READ AS FOLLOWS
622-[EFFECTIVE UPON PASSAGE]: Sec. 121.5. "Parole" means
2863+[EFFECTIVE UPON PASSAGE]: Sec. 121.5. (a) "Parole" means a
6232864 temporary legal presence in the United States under 8 U.S.C.
624-1182(d)(5) granted to an individual who:
625-(1) is a citizen or national of Ukraine or last was a habitual
626-resident of Ukraine; and
627-(2) meets the criteria established under Section 401(a) of the
628-Additional Ukraine Supplemental Appropriations Act (Public
629-Law 117-128) as in effect on January 1, 2023.
630-SECTION 18. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
631-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
632-JULY 1, 2023]: Sec. 123.5. (a) "Permit" means the following:
633-(1) A permit issued by the state in physical the form of a physical
634-credential authorizing an individual to operate the type of vehicle
635-for which the permit was issued on public streets, roads, or
636-highways with certain restrictions. The term under this
637-subdivision includes the following:
638-(A) A learner's permit.
639-HEA 1050 — CC 1 16
640-(B) A motorcycle learner's permit.
641-(C) A commercial learner's permit.
642-(2) A permit issued by the state in the form of a mobile credential
643-authorizing an individual to operate the type of vehicle for which
644-the permit was issued on public streets, roads, or highways with
645-certain restrictions. The term under this subdivision includes a
646-learner's permit. and a motorcycle permit. The term under this
647-subdivision does not include a motorcycle learner's permit or
648-a commercial learner's permit.
649-(b) Notwithstanding the July 1, 2021, effective date in HEA
650-1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
651-1, 2020 (rather than July 1, 2021).
652-SECTION 19. IC 9-13-2-125.6 IS ADDED TO THE INDIANA
653-CODE AS A NEW SECTION TO READ AS FOLLOWS
654-[EFFECTIVE JULY 1, 2023]: Sec. 125.6. "Physical credential"
655-means the following forms of documentation issued by the bureau
656-under IC 9-24 in physical form:
657-(1) A driver's license.
658-(2) A learner's permit.
659-(3) A motorcycle learner's permit.
660-(4) An identification card.
661-(5) A photo exempt identification card.
662-(6) A commercial driver's license or commercial learner's
663-permit.
664-SECTION 20. IC 9-14-8-3.5 IS ADDED TO THE INDIANA CODE
665-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
666-UPON PASSAGE]: The bureau of motor vehicles shall adopt rules
667-under IC 4-22-2, including emergency rules in the manner
668-provided under IC 4-22-2-37.1, necessary to implement the
669-issuance and administration of the following:
670-(1) Driver's licenses, permits, or identification cards for
671-individuals granted parole.
672-(2) Registrations and certificates of title for motor vehicles of
673-individuals granted parole.
674-SECTION 21. IC 9-14-12-2, AS AMENDED BY P.L.164-2020,
675-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
676-JULY 1, 2023]: Sec. 2. The bureau shall maintain the following
677-records:
678-(1) All records related to or concerning certificates of title issued
679-by the bureau under IC 9-17 and IC 9-31 (before its repeal),
680-including the following:
681-(A) An original certificate of title and all assignments and
682-HEA 1050 — CC 1 17
683-reissues of the certificate of title.
684-(B) All documents submitted in support of an application for
685-a certificate of title.
686-(C) Any notations recorded on a certificate of title.
687-(D) A listing of all reported buyback vehicles, including all
688-vehicles in which a manufacturer accepts a return of a
689-motor vehicle that is considered a buyback vehicle under
690-IC 24-5-13.5, in accordance with IC 9-17-3-3.5.
691-(E) Any inspection that is conducted:
692-(i) by an employee of the bureau or commission; and
693-(ii) with respect to a certificate of title issued by the bureau.
694-(2) All records related to or concerning registrations issued under
695-IC 9-18 (before its expiration), IC 9-18.1, or IC 9-31 (before its
696-repeal), including the following:
697-(A) The distinctive registration number assigned to each
698-vehicle registered under IC 9-18 (before its expiration) or
699-IC 9-18.1 or each watercraft registered under IC 9-31 (before
700-its repeal).
701-(B) All documents submitted in support of applications for
702-registration.
703-(3) All records related to or concerning physical credentials or
704-mobile credentials issued by the bureau under IC 9-24, including
705-applications and information submitted by applicants.
706-(4) All driving records maintained by the bureau under section 3
707-of this chapter.
708-(5) A record of each individual that acknowledges making an
709-anatomical gift as set forth in IC 9-24-17.
710-SECTION 22. IC 9-17-3-3.5, AS AMENDED BY P.L.27-2018,
711-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
712-JULY 1, 2023]: Sec. 3.5. (a) This section applies to a vehicle for which
713-a certificate of title is required to be obtained under IC 24-5-13.5-12.
714-(b) The bureau shall do the following:
715-(1) For a subsequent request for a new certificate of title for a
716-buyback vehicle, whether titled in Indiana or any other state,
717-cause the words "Manufacturer Buyback ) Disclosure on File" to
718-appear on the new certificate of title.
719-(2) Maintain a listing of all reported buyback vehicles in
720-accordance with this section, maintain a record of the disclosure
721-document required by IC 24-5-13.5-10(3), IC 24-5-13.5-10(b)(3),
722-and allow access to the listing and disclosure document upon
723-written application.
724-SECTION 23. IC 9-18.1-5-12, AS ADDED BY P.L.218-2017,
725-HEA 1050 — CC 1 18
2865+1182(d)(5).
2866+(b) The term is not a lawful status as defined in IC 9-13-2-92.3.".
2867+Page 6, between lines 30 and 31, begin a new paragraph and insert:
2868+"SECTION 10. IC 9-18.1-5-12, AS ADDED BY P.L.218-2017,
7262869 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7272870 JULY 1, 2023]: Sec. 12. (a) The supplemental fee in this section
7282871 applies after December 31, 2017, to each electric vehicle and hybrid
7292872 vehicle that is required to be registered under IC 9-18.1. this article.
730-The supplemental fee in this section does not apply to vehicles
731-subject to the motor carrier fuel tax under IC 6-6-4.1.
7322873 (b) As used in this section, "electric vehicle" means a vehicle that:
7332874 (1) is propelled by an electric motor powered by a battery or other
7342875 electrical device incorporated into the vehicle; and
7352876 (2) is not propelled by an engine powered by the combustion of
7362877 a hydrocarbon fuel, including gasoline, diesel, propane, or liquid
7372878 natural gas.
7382879 (c) As used in this section, "hybrid vehicle" means a vehicle that:
7392880 (1) draws propulsion energy from both an internal combustion
7402881 engine and an energy storage device; and
7412882 (2) employs a regenerative braking system to recover waste
7422883 energy to charge the energy storage device that is providing
7432884 propulsion energy.
7442885 (d) In addition to any other fee required to register an electric
7452886 vehicle under this chapter, the supplemental fee to register an electric
7462887 vehicle is one hundred fifty dollars ($150). through December 31,
747-2022. Before October 1, 2022, and before each October 1 of every fifth
748-year thereafter, The bureau shall determine a new fee amount to take
749-effect as of January 1 of the following year by determining the product
750-of the following:
751-(1) Before October 1, 2023:
752-(A) the fee in effect for the determination year; multiplied
753-by
754-(B) the factor determined under IC 6-6-1.6-2(b).
755-(2) Before October 1 of each year thereafter:
756-(A) the fee in effect for the determination year; multiplied
757-by
758-(B) the factor determined under IC 6-6-1.6-3.
2888+2022. Before October 1, 2022, 2023, and before each October 1 of
2889+every fifth year thereafter, the bureau shall determine a new fee amount
2890+to take effect as of January 1 of the following year by determining the
2891+product of:
7592892 (1) the fee in effect for the determination year; multiplied by
760-(2) the factor determined under IC 6-6-1.6-2.
2893+(2) the factor determined under IC 6-6-1.6-2. IC 6-6-1.6-2(b).
7612894 The fee shall be rounded to the nearest dollar.
7622895 (e) In addition to any other fee required to register a hybrid vehicle
2896+EH 1050—LS 6503/DI 139 67
7632897 under this chapter, the supplemental fee to register a hybrid vehicle is
7642898 fifty dollars ($50). through December 31, 2022. Before October 1,
765-2022, and before each October 1 of every fifth year thereafter, The
766-bureau shall determine a new fee amount to take effect as of January 1
767-of the following year by determining the product of the following:
768-HEA 1050 — CC 1 19
769-(1) Before October 1, 2023:
770-(A) the fee in effect for the determination year; multiplied
771-by
772-(B) the factor determined under IC 6-6-1.6-2(b).
773-(2) Before October 1 of each year thereafter:
774-(A) the fee in effect for the determination year; multiplied
775-by
776-(B) the factor determined under IC 6-6-1.6-3.
2899+2022, 2023, and before each October 1 of every fifth year thereafter,
2900+the bureau shall determine a new fee amount to take effect as of
2901+January 1 of the following year by determining the product of:
7772902 (1) the fee in effect for the determination year; multiplied by
778-(2) the factor determined under IC 6-6-1.6-2.
2903+(2) the factor determined under IC 6-6-1.6-2. IC 6-6-1.6-2(b).
7792904 The fee shall be rounded to the nearest dollar.
7802905 (f) The fee shall be deposited in the local road and bridge matching
781-grant fund established by IC 8-23-30-2.
782-SECTION 24. IC 9-18.5-12-5, AS AMENDED BY P.L.111-2021,
783-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
784-JULY 1, 2023]: Sec. 5. (a) Beginning July 1, 2023, and each year
785-thereafter, the bureau shall forward to the executive director of the
786-legislative services agency in an electronic format under IC 5-14-6 for
787-review by the committee the name of a special group for whom:
788-(1) that was awarded initially a special group recognition license
789-plate by the bureau more than ten (10) years in the past; and ten
790-(10) years have elapsed since the special group was admitted
791-into the special group recognition license plate program; or
792-(2) whose special group recognition license plate has not been
793-reviewed by the special group recognition license plate committee
794-established by IC 2-5-36.2-4 (repealed) or the committee during
795-the ten (10) year period following the initial or subsequent award
796-of the special group recognition license plate. ten (10) years have
797-elapsed since the previous review of the special group by the
798-special group recognition license plate committee established
799-by IC 2-5-36.2-4 (repealed) or the committee as required
800-under this section.
801-Upon receipt of the name of a special group, except for a petition under
802-section 3(a)(8) of this chapter, the committee shall require the special
803-group to submit to the committee evidence of the criteria set forth in
804-section 3 of this chapter. Upon submission of the criteria, the
805-committee shall review the suitability of the special group to continue
806-participating in the special group recognition license plate program. In
807-the review, the committee shall consider the criteria set forth in section
808-3 of this chapter and may seek additional evidence of the criteria from
809-a special group. The committee shall recommend to the bureau that
810-participation in the special group recognition license plate program be
811-HEA 1050 — CC 1 20
812-terminated if the committee finds that termination is appropriate
813-because the special group is not suitable for inclusion in the special
814-group license plate program.
815-(b) If a special group was subject to a decennial review under
816-this section before July 1, 2023, then the next review occurs in the
817-year which is a multiple of ten (10) years after the year of the
818-special group's admittance to the special group recognition license
819-plate program under this section.
820-(b) (c) Upon receiving a recommendation of termination for a
821-special group under subsection (a), the bureau may:
822-(1) terminate the special group from participation in the special
823-group recognition license plate program; or
824-(2) allow the special group to continue participating in the special
825-group recognition license plate program for a period of not more
826-than eighteen (18) months.
827-(c) (d) If the bureau terminates the participation of a special group
828-under subsection (b)(1): (c)(1):
829-(1) the bureau may not issue additional special group recognition
830-license plates of the special group to plateholders; and
831-(2) a plateholder may not renew a special group recognition
832-license plate of the special group.
833-If the special group desires to continue participating in the special
834-group recognition license plate program, the special group must submit
835-an application to the bureau containing the criteria set forth in section
836-3 of this chapter. The bureau shall then follow the procedure set forth
837-in section 3 of this chapter.
838-(d) (e) If the bureau allows a special group to continue participating
839-in the special group recognition license plate program for a period
840-under subsection (b)(2), (c)(2), the bureau shall:
841-(1) establish the duration of the set period under subsection
842-(b)(2); (c)(2); and
843-(2) require the special group to submit to the bureau:
844-(A) evidence of the criteria set forth in section 3 of this
845-chapter; and
846-(B) any additional information the bureau determines is
847-necessary.
848-(e) (f) The bureau shall:
849-(1) review the evidence and additional information submitted by
850-a special group under subsection (d)(2); (e)(2); and
851-(2) determine whether to terminate or continue the participation
852-of the special group in the special group recognition license plate
853-program.
854-HEA 1050 — CC 1 21
855-(f) (g) After the review under subsection (e), (f), if the bureau
856-terminates the participation of the special group and the special group
857-desires to continue participating, the special group must submit an
858-application to the bureau containing the criteria set forth in section 3 of
859-this chapter. The bureau shall then follow the procedure set forth in
860-section 3 of this chapter.
861-(g) (h) After the review under subsection (e), (f), if the bureau
862-continues the participation of the special group in the special group
863-recognition license plate program, the bureau may do one (1) or more
864-of the following:
865-(1) Allow the special group to remedy the defect or the violation
866-that caused the special group to not be suitable for inclusion in the
867-special group recognition license plate program.
868-(2) Place restrictions on or temporarily suspend the sales of
869-special group recognition license plates for the special group.
870-(3) Require the special group to appear before the commission for
871-review or reinstatement, or both.
872-(h) (i) The bureau may suspend the issuance of a special group
873-recognition license plate for a special group if the bureau, upon
874-investigation, has determined that the special group has advocated or
875-committed a violation of federal or state law.
876-SECTION 25. IC 9-18.5-29-3, AS AMENDED BY P.L.118-2022,
877-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
878-JULY 1, 2023]: Sec. 3. (a) An individual who registers a vehicle under
879-this title may apply for and receive a Hoosier veteran license plate for
880-one (1) or more vehicles upon doing the following:
881-(1) Completing an application for a Hoosier veteran license plate.
882-(2) Presenting one (1) of the following to the bureau:
883-(A) A United States Uniformed Services Retiree Identification
884-Card.
885-(B) A DD 214 or DD 215 record.
886-(C) United States military discharge papers.
887-(D) A current armed forces identification card.
888-(E) A physical credential or mobile credential issued to the
889-individual that contains an indication of veteran status under
890-IC 9-24-11-5.5.
891-(3) Paying a fee in an amount of fifteen dollars ($15).
892-(b) The bureau shall distribute at least one (1) time each month the
893-fee described in subsection (a)(3) to the director of veterans' affairs for
894-deposit in the military family relief fund established under
895-IC 10-17-12-8.
896-SECTION 26. IC 9-21-3-7, AS AMENDED BY HEA 1049-2023,
897-HEA 1050 — CC 1 22
898-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
899-JULY 1, 2023]: Sec. 7. (a) Whenever traffic is controlled by traffic
900-control signals exhibiting different colored lights or colored lighted
901-arrows successively, one (1) at a time or in combination, only the
902-colors green, red, or yellow may be used, except for special pedestrian
903-signals under IC 9-21-18.
904-(b) The lights indicate and apply to drivers of vehicles and
905-pedestrians as follows:
906-(1) Green indication means the following:
907-(A) Vehicular traffic facing a circular green signal may
908-proceed straight through or turn right or left, unless a sign at
909-the place prohibits either turn.
910-(B) Vehicular traffic, including vehicles turning right or left,
911-shall yield the right-of-way to other vehicles and to pedestrians
912-lawfully within the intersection or an adjacent sidewalk at the
913-time the signal is exhibited.
914-(C) Vehicular traffic facing a green arrow signal, shown alone
915-or in combination with another indication, may cautiously
916-enter the intersection only to make the movement indicated by
917-the green arrow or other movement permitted by other
918-indications shown at the same time.
919-(D) Vehicular traffic shall yield the right-of-way to pedestrians
920-lawfully within an adjacent crosswalk and to other traffic
921-lawfully using the intersection.
922-(E) Unless otherwise directed by a pedestrian control signal,
923-pedestrians facing a green signal, except when the sole green
924-signal is a turn arrow, may proceed across the roadway within
925-a marked or unmarked crosswalk.
926-(2) Steady yellow indication means the following:
927-(A) Vehicular traffic facing a steady circular yellow or yellow
928-arrow signal is warned that the related green movement is
929-being terminated and that a red indication will be exhibited
930-immediately thereafter.
931-(B) A pedestrian facing a steady circular yellow or yellow
932-arrow signal, unless otherwise directed by a pedestrian control
933-signal, is advised that there is insufficient time to cross the
934-roadway before a red indication is shown, and a pedestrian
935-may not start to cross the roadway at that time.
936-(3) Steady red indication means the following:
937-(A) Except as provided in clauses (B) and (D), vehicular
938-traffic facing a steady circular red or red arrow signal shall
939-stop at a clearly marked stop line. However, if there is no
940-HEA 1050 — CC 1 23
941-clearly marked stop line, vehicular traffic shall stop before
942-entering the crosswalk on the near side of the intersection. If
943-there is no crosswalk, vehicular traffic shall stop before
944-entering the intersection and shall remain standing until an
945-indication to proceed is shown.
946-(B) Except when a sign is in place prohibiting a turn described
947-in this clause, vehicular traffic facing a steady red signal, after
948-coming to a complete stop, may cautiously enter the
949-intersection to do the following:
950-(i) Make a right turn.
951-(ii) Make a left turn if turning from the left lane or a
952-designated left-turn lane of a one-way street into another
953-one-way street with the flow of traffic.
954-Vehicular traffic making a turn described in this clause shall
955-yield the right-of-way to pedestrians lawfully within an
956-adjacent crosswalk and to other traffic using the intersection.
957-(C) Unless otherwise directed by a pedestrian control signal
958-pedestrians facing a steady circular red or red arrow signal
959-may not enter the roadway.
960-(D) This clause does not apply to the operation of an autocycle
961-or a bicycle directed by a bicycle traffic control signal under
962-section 8.5 of this chapter. If the operator of a motorcycle,
963-motor driven cycle, or bicycle approaches an intersection that
964-is controlled by a traffic control signal, the operator may
965-proceed through the intersection on a steady red signal only if
966-the operator:
967-(i) comes to a complete stop at the intersection for at least
968-one hundred twenty (120) seconds; and
969-(ii) exercises due caution as provided by law, otherwise
970-treats the traffic control signal as a stop sign, and determines
971-that it is safe to proceed.
972-(4) No indication or conflicting indications means the following:
973-(A) Except as provided in clause (C), vehicular traffic facing
974-an intersection having a signal that displays no indication or
975-conflicting indications, where no other control is present, shall
976-stop before entering the intersection.
977-(B) After stopping, vehicular traffic may proceed with caution
978-through the intersection and shall yield the right-of-way to
979-traffic within the intersection or approaching so closely as to
980-constitute an immediate hazard.
981-(C) Vehicular traffic entering an intersection or crosswalk
982-facing a pedestrian hybrid beacon may proceed without
983-HEA 1050 — CC 1 24
984-stopping if no indication is displayed on the pedestrian hybrid
985-beacon.
986-(5) This subdivision applies to traffic control signals located at a
987-place other than an intersection. A stop required under this
988-subdivision must be made at the signal, except when the signal is
989-supplemented by a sign or pavement marking indicating where
990-the stop must be made.
991-(c) A consolidated city may not adopt an ordinance requiring
992-the installation of a sign prohibiting a turn described in subsection
993-(b)(3)(B).
994-SECTION 27. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
2906+grant fund established by IC 8-23-30-2.".
2907+Page 9, between lines 16 and 17, begin a new paragraph and insert:
2908+"SECTION 12. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
9952909 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9962910 JULY 1, 2023]: Sec. 35. (a) Upon the immediate approach of an
9972911 authorized emergency vehicle, when the person who drives the
9982912 authorized emergency vehicle is giving audible signal by siren or
9992913 displaying alternately flashing red, red and white, or red and blue
10002914 lights, a person who drives another vehicle shall do the following
10012915 unless otherwise directed by a law enforcement officer:
10022916 (1) Yield the right-of-way.
10032917 (2) Immediately drive to a position parallel to and as close as
10042918 possible to the right-hand edge or curb of the highway clear of any
10052919 intersection.
10062920 (3) Stop and remain in the position until the authorized
10072921 emergency vehicle has passed.
10082922 (b) Upon approaching a stationary authorized emergency vehicle,
10092923 when the authorized emergency vehicle is giving a signal by displaying
10102924 alternately flashing red, red and white, or red and blue lights, a person
10112925 who drives an approaching vehicle shall:
10122926 (1) proceeding with due caution, yield the right-of-way by making
10132927 a lane change into a lane not adjacent to that of the authorized
10142928 emergency vehicle, if possible with due regard to safety and
10152929 traffic conditions, if on a highway having at least four (4) lanes
10162930 with not less than two (2) lanes proceeding in the same direction
10172931 as the approaching vehicle; or
10182932 (2) proceeding with due caution, reduce the speed of the vehicle
10192933 to a speed at least ten (10) miles per hour less than the posted
10202934 speed limit, maintaining a safe speed for road conditions, if
10212935 changing lanes would be impossible or unsafe.
10222936 A person who violates this subsection commits a Class A infraction.
10232937 However, the violation is a Level 6 felony if the person's failure to
10242938 comply with this subsection results in serious bodily injury,
2939+EH 1050—LS 6503/DI 139 68
10252940 catastrophic injury, or death to any person operating, occupying, or
1026-HEA 1050 — CC 1 25
10272941 affiliated with an authorized emergency vehicle described in this
10282942 subsection.
10292943 (c) Upon approaching a stationary recovery vehicle, a stationary
10302944 utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
10312945 waste hauler, a stationary road, street, or highway maintenance vehicle,
10322946 or a stationary survey or construction vehicle, when the vehicle is
10332947 giving a signal by displaying alternately flashing amber lights, a person
10342948 who drives an approaching vehicle shall:
10352949 (1) proceeding with due caution, yield the right-of-way by making
10362950 a lane change into a lane not adjacent to that of the recovery
10372951 vehicle, utility service vehicle, solid waste hauler, or road, street,
10382952 or highway maintenance vehicle, if possible with due regard to
10392953 safety and traffic conditions, if on a highway having at least four
10402954 (4) lanes with not less than two (2) lanes proceeding in the same
10412955 direction as the approaching vehicle; or
10422956 (2) proceeding with due caution, reduce the speed of the vehicle
10432957 to a speed at least ten (10) miles per hour less than the posted
10442958 speed limit, maintaining a safe speed for road conditions, if
10452959 changing lanes would be impossible or unsafe.
10462960 A person who violates this section subsection commits a Class B
10472961 infraction.
10482962 (d) This subsection does not apply to a vehicle approaching
10492963 another vehicle that is described in subsection (b) or (c) or a vehicle
10502964 approaching a school bus when the arm signal device specified in
10512965 IC 9-21-12-13 is in the device's extended position. Upon
10522966 approaching a disabled stationary vehicle with flashing hazard
10532967 warning signals, a person who drives an approaching vehicle shall:
10542968 (1) proceeding with due caution, yield the right-of-way by
10552969 making a lane change into a lane not adjacent to that of the
10562970 disabled stationary vehicle, if possible with due regard to
10572971 safety and traffic conditions, if on a highway having at least
10582972 four (4) lanes with not less than two (2) lanes proceeding in
10592973 the same direction as the approaching vehicle; or
10602974 (2) proceeding with due caution, reduce the speed of the
10612975 vehicle to a speed at least ten (10) miles per hour less than the
10622976 posted speed limit maintaining a safe speed for road
10632977 conditions, if changing lanes would be impossible or unsafe.
10642978 A person who violates this subsection commits a Class B infraction.
10652979 (d) (e) This section does not operate to relieve the person who drives
10662980 an authorized emergency vehicle, a recovery vehicle, a utility service
10672981 vehicle, solid waste hauler, a road, street, or highway maintenance
2982+EH 1050—LS 6503/DI 139 69
10682983 vehicle, or a stationary survey or construction vehicle a vehicle
1069-HEA 1050 — CC 1 26
10702984 described under this section from the duty to operate the vehicle with
1071-due regard for the safety of all persons using the highway.
1072-SECTION 28. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
1073-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1074-JULY 1, 2023]: Sec. 1. (a) Except as provided in section 7 of this
1075-chapter, an individual must have a valid:
1076-(1) driver's license; or
1077-(2) permit;
1078-including any necessary endorsements, issued to the individual by the
1079-bureau in the form of a physical credential to operate upon a highway
1080-the type of motor vehicle for which the driver's license, endorsement,
1081-or permit was issued.
1082-(b) An individual must have:
1083-(1) an unexpired identification card with a motor driven cycle
1084-endorsement issued to the individual by the bureau under
1085-IC 9-24-16;
1086-(2) a valid driver's license; or
1087-(3) a valid learner's permit;
1088-issued in the form of a physical credential to operate a motor driven
1089-cycle upon a highway.
1090-(c) An individual who violates this section commits a Class C
1091-infraction.
1092-SECTION 29. IC 9-24-1-7, AS AMENDED BY P.L.256-2017,
2985+due regard for the safety of all persons using the highway.".
2986+Page 9, between lines 36 and 37, begin a new paragraph and insert:
2987+"SECTION 13. IC 9-24-1-7, AS AMENDED BY P.L.256-2017,
10932988 SECTION 164, IS AMENDED TO READ AS FOLLOWS
10942989 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Section 1 of this chapter
10952990 does not apply to the following individuals:
10962991 (1) An individual in the service of the armed forces of the United
10972992 States while operating an official motor vehicle in that service.
10982993 (2) An individual who is at least sixteen (16) years and one
10992994 hundred eighty (180) days of age, while operating:
11002995 (A) road construction or maintenance machinery;
11012996 (B) a ditch digging apparatus;
11022997 (C) a well drilling apparatus; or
11032998 (D) a concrete mixer;
11042999 that is being temporarily drawn, moved, or propelled on a
11053000 highway.
11063001 (3) A nonresident who:
11073002 (A) is:
11083003 (i) at least sixteen (16) years and one hundred eighty (180)
11093004 days of age; or
11103005 (ii) employed in Indiana;
11113006 (B) has in the nonresident's immediate possession a valid
1112-HEA 1050 — CC 1 27
11133007 driver's license that was issued to the nonresident in the
11143008 nonresident's home state or country; and
11153009 (C) is lawfully admitted into legally present in the United
11163010 States;
11173011 while operating on a highway the type of motor vehicle for which
11183012 the driver's license was issued, subject to the restrictions imposed
11193013 by the home state or country of the individual's residence.
11203014 (4) A new Indiana resident who:
11213015 (A) possesses a valid driver's license issued by the state or
11223016 country of the individual's former residence; and
11233017 (B) is lawfully admitted legally present in the United States;
11243018 for a period of sixty (60) days after becoming an Indiana resident,
11253019 and subject to the restrictions imposed by the state or country of
11263020 the individual's former residence while operating upon a highway
11273021 the type of motor vehicle for which the driver's license was
11283022 issued.
11293023 (5) An individual while operating a farm wagon that is being
11303024 temporarily drawn, moved, or propelled on a public highway.
3025+EH 1050—LS 6503/DI 139 70
11313026 However, to operate the farm wagon on a highway, other than to
11323027 temporarily draw, move, or propel it, the individual must be at
11333028 least fifteen (15) years of age.
11343029 (6) An individual who does not hold a driver's license or permit
11353030 and is authorized to operate a golf cart or an off-road vehicle on
11363031 the highways of a county, city, or town in accordance with an
11373032 ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
11383033 (b) An ordinance adopted under IC 9-21-1-3(a)(14) or
11393034 IC 9-21-1-3.3(a) must require that an individual who operates a golf
11403035 cart or off-road vehicle in the city, county, or town:
11413036 (1) hold a driver's license; or
11423037 (2) be at least sixteen (16) years and one hundred eighty (180)
11433038 days of age and hold:
11443039 (A) an identification card issued under IC 9-24-16; or
11453040 (B) a photo exempt identification card issued under
1146-IC 9-24-16.5.
1147-SECTION 30. IC 9-24-2-3, AS AMENDED BY P.L.118-2022,
1148-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1149-UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's
1150-license or learner's permit or grant driving privileges to the following
1151-individuals:
1152-(1) An individual whose driving privileges have been suspended,
1153-during the period for which the driving privileges are suspended,
1154-or to an individual whose driver's license has been revoked, until
1155-HEA 1050 — CC 1 28
1156-the time the bureau is authorized under Indiana law to issue the
1157-individual a new driver's license.
1158-(2) An individual whose learner's permit has been suspended or
1159-revoked until the time the bureau is authorized under Indiana law
1160-to issue the individual a new learner's permit.
1161-(3) An individual who, in the opinion of the bureau, is afflicted
1162-with or suffering from a physical or mental disability or disease
1163-that prevents the individual from exercising reasonable and
1164-ordinary control over a motor vehicle while operating the motor
1165-vehicle on a highway.
1166-(4) An individual who is unable to understand highway warnings
1167-or direction signs written in the English language.
1168-(5) An individual who is required under this article to take an
1169-examination unless:
1170-(A) the individual successfully passes the examination; or
1171-(B) the bureau waives the examination requirement.
1172-(6) An individual who is required under IC 9-25 or any other
1173-statute to deposit or provide proof of financial responsibility and
1174-who has not deposited or provided that proof.
1175-(7) An individual when the bureau has good cause to believe that
1176-the operation of a motor vehicle on a highway by the individual
1177-would be inimical to public safety or welfare.
1178-(8) An individual who is the subject of an order issued by:
1179-(A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
1180-IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
1181-(B) the Title IV-D agency;
1182-ordering that a driver's license or permit not be issued to the
1183-individual.
1184-(9) An Except for an individual granted parole, an individual
1185-who has not presented valid documentary evidence to the bureau
1186-of the individual's legal lawful status in the United States, as
1187-required by IC 9-24-9-2.5.
1188-(10) An individual who does not otherwise satisfy the
1189-requirements of this article.
1190-(b) An individual subject to epileptic seizures may not be denied a
1191-driver's license or permit under this section if the individual presents
1192-a statement from a licensed physician or an advanced practice
1193-registered nurse, on a form prescribed by the bureau, that the individual
1194-is under medication and is free from seizures while under medication.
1195-SECTION 31. IC 9-24-3-6, AS ADDED BY P.L.111-2021,
1196-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1197-JULY 1, 2023]: Sec. 6. (a) The bureau may impose an additional fee of
1198-HEA 1050 — CC 1 29
1199-twenty-five dollars ($25) if the bureau processes a credential an
1200-application for a physical credential under this chapter in a period of
1201-time that is shorter than the normal processing period. The bureau shall
1202-deposit the fee in the commission fund.
1203-(b) A fee imposed under this section is in addition to any other fee
1204-imposed under this chapter.
1205-SECTION 32. IC 9-24-4-7, AS ADDED BY P.L.111-2021,
1206-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1207-JULY 1, 2023]: Sec. 7. (a) The bureau may impose an additional fee of
1208-twenty-five dollars ($25) if the bureau processes a credential an
1209-application for a physical credential under this chapter in a period of
1210-time that is shorter than the normal processing period. The bureau shall
1211-deposit the fee in the commission fund.
1212-(b) A fee imposed under this section is in addition to any other fee
1213-imposed under this chapter.
1214-SECTION 33. IC 9-24-6.1-11, AS ADDED BY P.L.111-2021,
1215-SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1216-JULY 1, 2023]: Sec. 11. (a) The bureau may impose an additional fee
1217-of twenty-five dollars ($25) if the bureau processes a credential an
1218-application for a physical credential under this chapter in a period of
1219-time that is shorter than the normal processing period. The bureau shall
1220-deposit the fee in the commission fund.
1221-(b) A fee imposed under this section is in addition to any other fee
1222-imposed under this chapter.
1223-SECTION 34. IC 9-24-7-8, AS ADDED BY P.L.111-2021,
1224-SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1225-JULY 1, 2023]: Sec. 8. (a) The bureau may impose an additional fee of
1226-twenty-five dollars ($25) if the bureau processes a credential an
1227-application for a physical credential under this chapter in a period of
1228-time that is shorter than the normal processing period. The bureau shall
1229-deposit the fee in the commission fund.
1230-(b) A fee imposed under this section is in addition to any other fee
1231-imposed under this chapter.
1232-SECTION 35. IC 9-24-8.5-3, AS AMENDED BY P.L.111-2021,
1233-SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1234-JULY 1, 2023]: Sec. 3. (a) The bureau shall add a motorcycle
1235-endorsement to a driver's license if the holder meets the following
1236-conditions:
1237-(1) Is at least:
1238-(A) sixteen (16) years and ninety (90) days of age and has
1239-completed a motorcycle operator safety education course
1240-approved by the bureau under IC 9-27-7; or
1241-HEA 1050 — CC 1 30
1242-(B) sixteen (16) years and two hundred seventy (270) days of
1243-age.
1244-(2) Makes a proper application in the form and manner prescribed
1245-by the bureau.
1246-(3) Has passed a written examination developed by the bureau
1247-concerning the safe operation of a motorcycle.
1248-(4) Satisfactorily completes an operational skills test at a location
1249-approved by the bureau.
1250-(5) Pays a fee of nineteen dollars ($19). The fee shall be
1251-distributed as follows:
1252-(A) Fifty cents ($0.50) to the state motor vehicle technology
1253-fund.
1254-(B) One dollar and twenty-five cents ($1.25) to the motor
1255-vehicle highway account.
1256-(C) One dollar and twenty-five cents ($1.25) to the integrated
1257-public safety communications fund.
1258-(D) Sixteen dollars ($16) to the commission fund.
1259-(b) The bureau may waive the testing requirements under subsection
1260-(a)(3) and (a)(4) for an individual who satisfactorily completes a
1261-motorcycle operator safety course approved by the bureau as set forth
1262-in IC 9-27-7.
1263-(c) The bureau may waive the operational skills test under
1264-subsection (a)(4) for an individual who holds a valid motorcycle
1265-endorsement or motorcycle license from any other jurisdiction.
1266-(d) An individual who fails the operational skills test under
1267-subsection (a)(4) three (3) consecutive times is not eligible to retake
1268-the test until two (2) months after the date of the most recent failed test.
1269-(e) The fee for a motorcycle operational skills test administered
1270-under this chapter is as follows:
1271-(1) For tests given by state employees, the fee is five dollars ($5)
1272-and shall be deposited in the motor vehicle highway account
1273-under IC 8-14-1.
1274-(2) For tests given by a contractor approved by the bureau, the fee
1275-is:
1276-(A) determined under rules adopted by the bureau under
1277-IC 4-22-2 to cover the direct costs of administering the test;
1278-and
1279-(B) paid to the contractor.
1280-(f) The bureau may impose an additional fee of twenty-five dollars
1281-($25) if the bureau processes a credential an application for a physical
1282-credential under this chapter in a period of time that is shorter than the
1283-normal processing period. The bureau shall deposit the fee in the
1284-HEA 1050 — CC 1 31
1285-commission fund.
1286-(g) A fee imposed under this section is in addition to any other fee
1287-imposed under this chapter.
1288-SECTION 36. IC 9-24-8.5-5, AS AMENDED BY P.L.111-2021,
1289-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1290-JULY 1, 2023]: Sec. 5. (a) The bureau shall add a for-hire endorsement
1291-to a driver's license if the holder meets the following conditions:
1292-(1) Is at least eighteen (18) years of age.
1293-(2) Has held a valid driver's license for more than one (1) year.
1294-(3) Makes a proper application in a form and manner prescribed
1295-by the bureau.
1296-(4) Satisfactorily passes a written test approved by the bureau.
1297-(5) Pays a fee of nineteen dollars ($19). The fee shall be
1298-distributed as follows:
1299-(A) Fifty cents ($0.50) to the state motor vehicle technology
1300-fund.
1301-(B) One dollar and twenty-five cents ($1.25) to the motor
1302-vehicle highway account.
1303-(C) One dollar and twenty-five cents ($1.25) to the integrated
1304-public safety communications fund.
1305-(D) Sixteen dollars ($16) to the commission fund.
1306-(b) The bureau may impose an additional fee of twenty-five dollars
1307-($25) if the bureau processes a credential an application for a physical
1308-credential under this chapter in a period of time that is shorter than the
1309-normal processing period. The bureau shall deposit the fee in the
1310-commission fund.
1311-(c) A fee imposed under this section is in addition to any other fee
1312-imposed under this chapter.
1313-SECTION 37. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
3041+IC 9-24-16.5.".
3042+Page 10, line 31, after "(9)" strike "An" and insert "Except for an
3043+individual granted parole as defined in IC 9-13-2-121.5, an".
3044+Page 13, between lines 29 and 30, begin a new paragraph and insert:
3045+"SECTION 20. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
13143046 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13153047 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
13163048 each application for a driver's license or permit under this chapter must
13173049 require the following information:
13183050 (1) The full legal name of the applicant.
13193051 (2) The applicant's date of birth.
13203052 (3) The gender of the applicant.
13213053 (4) The applicant's height, weight, hair color, and eye color.
13223054 (5) The address of the applicant.
13233055 (6) A:
13243056 (A) valid Social Security number; or
13253057 (B) verification of an applicant's:
13263058 (i) ineligibility to be issued a Social Security number; and
1327-HEA 1050 — CC 1 32
13283059 (ii) identity; and
1329-(iii) lawful status, except for an individual granted parole.
3060+(iii) lawful status, except for an individual granted parole
3061+as defined in IC 9-13-2-121.5.
13303062 (7) Whether the applicant has been subject to fainting spells or
13313063 seizures.
13323064 (8) Whether the applicant has been issued a driver's license or has
13333065 been the holder of a permit, and if so, when and by what
13343066 jurisdiction.
13353067 (9) Whether the applicant's driver's license or permit has ever
3068+EH 1050—LS 6503/DI 139 71
13363069 been suspended or revoked, and if so, the date of and the reason
13373070 for the suspension or revocation.
13383071 (10) Whether the applicant has been convicted of:
13393072 (A) a crime punishable as a felony under Indiana motor
13403073 vehicle law; or
13413074 (B) any other felony in the commission of which a motor
13423075 vehicle was used;
13433076 that has not been expunged by a court.
13443077 (11) Whether the applicant has a physical or mental disability,
13453078 and if so, the nature of the disability.
13463079 (12) The signature of the applicant showing the applicant's legal
13473080 name as it appears or will appear on the driver's license or permit.
13483081 (13) A digital photograph of the applicant.
13493082 (14) Any other information the bureau requires.
13503083 (b) For purposes of subsection (a), an individual certified as a
13513084 program participant in the address confidentiality program under
13523085 IC 5-26.5 is not required to provide the individual's address, but may
13533086 provide an address designated by the office of the attorney general
13543087 under IC 5-26.5 as the individual's address.
13553088 (c) In addition to the information required by subsection (a), an
13563089 applicant who is required to complete at least fifty (50) hours of
13573090 supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
13583091 IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
1359-logged in practice driving.
1360-SECTION 38. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
1361-SECTION 465, IS AMENDED TO READ AS FOLLOWS
1362-[EFFECTIVE UPON PASSAGE]: Sec. 2.5. In addition to the
1363-information required from the applicant for a driver's license or permit
1364-under sections 1 and 2 of this chapter, the bureau shall require an
1365-applicant to present to the bureau valid documentary evidence that the
1366-applicant has lawful status or is granted parole.
1367-(1) is a citizen or national of the United States;
1368-(2) is an alien lawfully admitted for permanent residence in the
1369-United States;
1370-HEA 1050 — CC 1 33
1371-(3) has conditional permanent resident status in the United States;
1372-(4) has an approved application for asylum in the United States or
1373-has entered into the United States in refugee status;
1374-(5) is an alien lawfully admitted for temporary residence in the
1375-United States;
1376-(6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
1377-status for entry into the United States;
1378-(7) has a pending application for asylum in the United States;
1379-(8) has a pending or approved application for temporary protected
1380-status in the United States;
1381-(9) has approved deferred action status; or
1382-(10) has a pending application for adjustment of status to that of
1383-an alien lawfully admitted for permanent residence in the United
1384-States or conditional permanent resident status in the United
1385-States.
1386-SECTION 39. IC 9-24-10-4.5 IS ADDED TO THE INDIANA
1387-CODE AS A NEW SECTION TO READ AS FOLLOWS
1388-[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A driver training
1389-school (as defined in IC 9-27-6-3) may offer to administer a driving
1390-skills test (as defined in 140 IAC 4-1.1-1) to an individual who holds
1391-a valid learner's permit.
1392-(b) This section expires June 30, 2030.
1393-SECTION 40. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
1394-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1395-JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (d), an
1396-individual may not hold or possess more than one (1) physical
1397-credential at a time.
1398-(b) An individual may not hold or possess:
1399-(1) a physical credential; and
1400-(2) a driver's license or identification card issued by a government
1401-authority that issues driver's licenses and identification cards from
1402-another state, territory, federal district, commonwealth, or
1403-possession of the United States.
1404-(c) An individual shall destroy or surrender to the bureau any and
1405-all physical credentials driver's licenses, or identification cards that
1406-would cause the individual to violate subsection (a) or (b).
1407-(d) An individual may hold both a physical credential in physical
1408-form and in the form of a mobile credential issued under this article at
1409-the same time.
1410-(e) An individual who violates this section commits a Class C
1411-infraction.
1412-(f) Notwithstanding the July 1, 2021, effective date in HEA
1413-HEA 1050 — CC 1 34
1414-1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
1415-1, 2020 (rather than July 1, 2021).
1416-SECTION 41. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
1417-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1418-UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
1419-learner's permit or driver's license issued under this article must contain
1420-the following information:
1421-(1) The full legal name of the permittee or licensee.
1422-(2) The date of birth of the permittee or licensee.
1423-(3) The address of the principal residence of the permittee or
1424-licensee.
1425-(4) The hair color and eye color of the permittee or licensee.
1426-(5) The date of issue and expiration date of the permit or license.
1427-(6) The gender of the permittee or licensee.
1428-(7) The unique identifying number of the permit or license.
1429-(8) The weight of the permittee or licensee.
1430-(9) The height of the permittee or licensee.
1431-(10) A reproduction of the signature of the permittee or licensee.
1432-(11) If the permittee or licensee is less than eighteen (18) years of
1433-age at the time of issuance, the dates, notated prominently, on
1434-which the permittee or licensee will become:
1435-(A) eighteen (18) years of age; and
1436-(B) twenty-one (21) years of age.
1437-(12) If the permittee or licensee is at least eighteen (18) years of
1438-age but less than twenty-one (21) years of age at the time of
1439-issuance, the date, notated prominently, on which the permittee or
1440-licensee will become twenty-one (21) years of age.
1441-(13) Except as provided in subsection (b), a digital photograph of
1442-the permittee or licensee.
1443-(b) The bureau may provide for the omission of a photograph or
1444-computerized image from any driver's license or learner's permit issued
1445-in the form of a physical credential if there is good cause for the
1446-omission. However, a driver's license or learner's permit issued without
1447-a digital photograph may not be issued in the form of a mobile
1448-credential and must include a statement that indicates that the driver's
1449-license or learner's permit issued without a digital photograph may
1450-not be accepted by a federal agency for federal identification or any
1451-other federal purpose.
1452-(c) A driver's license or learner's permit issued to an individual who
1453-has:
1454-(1) temporary lawful status as indicated by:
1455-(1) has (A) a valid, unexpired nonimmigrant visa or has
1456-HEA 1050 — CC 1 35
1457-nonimmigrant visa status for entry in the United States;
1458-(2) has (B) a pending application for asylum in the United
1459-States;
1460-(3) has (C) a pending or approved application for temporary
1461-protected status in the United States;
1462-(4) has (D) having an approved deferred action status; or
1463-(5) has (E) a pending application for adjustment of status to
1464-that of an alien lawfully admitted for permanent residence in
1465-the United States or conditional permanent residence status in
1466-the United States; or
1467-(2) been granted parole;
1468-must be clearly identified as a temporary driver's license or learner's
1469-permit. A temporary driver's license or learner's permit issued under
1470-this subsection may not be renewed without the presentation of valid
1471-documentary evidence proving that the licensee's or permittee's
1472-temporary status has been extended.
1473-(d) For purposes of subsection (a), an individual certified as a
1474-program participant in the address confidentiality program under
1475-IC 5-26.5 is not required to provide the address of the individual's
1476-principal residence, but may provide an address designated by the
1477-office of the attorney general under IC 5-26.5 as the address of the
1478-individual's principal residence.
1479-(e) Notwithstanding the July 1, 2021, effective date in HEA
1480-1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
1481-1, 2020 (rather than July 1, 2021).
1482-SECTION 42. IC 9-24-11-12, AS ADDED BY P.L.111-2021,
1483-SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1484-JULY 1, 2023]: Sec. 12. (a) The bureau may impose an additional fee
1485-of twenty-five dollars ($25) if the bureau processes a credential an
1486-application for a physical credential under this chapter in a period of
1487-time that is shorter than the normal processing period. The bureau shall
1488-deposit the fee in the commission fund.
1489-(b) A fee imposed under this section is in addition to any other fee
1490-imposed under this chapter.
1491-SECTION 43. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
1492-SECTION 489, IS AMENDED TO READ AS FOLLOWS
1493-[EFFECTIVE JULY 1, 2023]: Sec. 0.5. (a) A learner's permit issued in
1494-the form of a physical credential expires two (2) years after the date
1495-of issuance.
1496-(b) A motorcycle permit expires one (1) year after the date of
1497-issuance. A motorcycle permit may be renewed one (1) time for a
1498-period of one (1) year. An individual who does not obtain a motorcycle
1499-HEA 1050 — CC 1 36
1500-endorsement under IC 9-24-8.5 before the expiration of the renewed
1501-motorcycle permit may not reapply for a new motorcycle permit for a
1502-period of one (1) year after the date of expiration of the renewed
1503-motorcycle permit.
1504-(c) A commercial learner's permit expires one hundred eighty (180)
1505-days after the date of issuance. The bureau may issue not more than
1506-three (3) commercial learner's permits to an individual within a
1507-twenty-four (24) month period.
1508-(d) The fee to renew a permit that expires under this section is the
1509-applicable fee to issue the permit under this article.
1510-SECTION 44. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
1511-SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1512-UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and
1513-11 of this chapter, a driver's license issued in the form of a physical
1514-credential to an applicant who is at least seventy-five (75) years of age
1515-expires at midnight of the birthday of the holder that occurs three (3)
1516-years following the date of issuance.
1517-(b) Except as provided in subsections (a) and (c) and sections 10
1518-and 11 of this chapter, a driver's license issued in the form of a
1519-physical credential under this article expires at midnight of the
1520-birthday of the holder that occurs six (6) years following the date of
1521-issuance.
1522-(c) A driver's license issued in the form of a physical credential
1523-to an individual who is less than twenty-one (21) years of age expires
1524-at midnight of the date thirty (30) days after the twenty-first birthday
1525-of the holder. However, if the individual complies with
1526-IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9), IC 9-24-9-2.5 or is granted
1527-parole, the driver's license expires:
1528-(1) at midnight one (1) year after issuance if there is no expiration
1529-date on the authorization granted to the individual to remain in the
1530-United States; or
1531-(2) if there is an expiration date on the authorization granted to
1532-the individual to remain in the United States, the earlier of the
1533-following:
1534-(A) At midnight of the date the authorization to remain in the
1535-United States expires.
1536-(B) At midnight of the date thirty (30) days after the
1537-twenty-first birthday of the holder.
1538-SECTION 45. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
1539-SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1540-UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c)
1541-and (d), the application for renewal of:
1542-HEA 1050 — CC 1 37
1543-(1) a driver's license;
1544-(2) a chauffeur's license (before the expiration of IC 9-24-4 on
1545-July 1, 2024);
1546-(3) a public passenger chauffeur's license (before the expiration
1547-of IC 9-24-5 on July 1, 2022);
1548-(4) an identification card; or
1549-(5) a photo exempt identification card;
1550-under this article may be filed not more than twenty-four (24) months
1551-before the expiration date of the license, identification card, or photo
1552-exempt identification card held by the applicant.
1553-(b) Except as provided in subsections (c) and (d), an application for
1554-the renewal of a learner's permit issued under this article may be filed
1555-not more than thirty (30) days before the expiration of the learner's
1556-permit.
1557-(c) When the applicant complies with IC 9-24-9-2.5(5) through
1558-IC 9-24-9-2.5(10), IC 9-24-9-2.5 or is granted parole, an application
1559-for renewal of a driver's license in subsection (a)(1), (a)(2), or (a)(3)
1560-may be filed not more than one (1) month before the expiration date of
1561-the license held by the applicant.
1562-(d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
1563-IC 9-24-16-3.5(1)(J), IC 9-24-16-3.5, an application for renewal of an
1564-identification card under subsection (a)(4) may be filed not more than
1565-one (1) month before the expiration date of the identification card held
1566-by the applicant.
1567-SECTION 46. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
1568-SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1569-JULY 1, 2023]: Sec. 5. (a) Except as provided in subsection (b), and
1570-subject to subsection (d), an individual applying for renewal of a
1571-driver's license in the form of a physical credential (issued under
1572-IC 9-24-3), or a chauffeur's or a public passenger chauffeur's license,
1573-including any endorsements in effect with respect to the license, must
1574-apply in person at a license branch and do the following:
1575-(1) Pass an eyesight examination.
1576-(2) Pass a written examination if:
1577-(A) the applicant has at least six (6) active points on the
1578-applicant's driving record maintained by the bureau;
1579-(B) the applicant has not reached the applicant's twenty-first
1580-birthday and has active points on the applicant's driving record
1581-maintained by the bureau; or
1582-(C) the applicant is in possession of a driver's license that is
1583-expired beyond one hundred eighty (180) days.
1584-(b) The holder of a driver's license in the form of a physical
1585-HEA 1050 — CC 1 38
1586-credential (issued under IC 9-24-3), a chauffeur's or a public passenger
1587-chauffeur's license, or a learner's permit issued in the form of a
1588-physical credential under IC 9-24-7 may renew the license, including
1589-any endorsements in effect with respect to the license, by mail or by
1590-electronic service, subject to the following conditions:
1591-(1) A valid computerized image of the individual must exist
1592-within the records of the bureau.
1593-(2) The previous renewal of the individual's driver's license
1594-(issued under IC 9-24-3), chauffeur's or public passenger
1595-chauffeur's license, or a learner's permit issued under IC 9-24-7
1596-must not have been by mail or by electronic service.
1597-(3) The application for or previous renewal of the individual's
1598-license or permit must have included a test of the individual's
1599-eyesight approved by the bureau.
1600-(4) If the individual were applying for the license or permit
1601-renewal in person at a license branch, the individual would not be
1602-required under subsection (a)(2) to submit to a written
1603-examination.
1604-(5) The individual must be a citizen of the United States, as
1605-shown in the records of the bureau.
1606-(6) There must not have been any change in the:
1607-(A) address; or
1608-(B) name;
1609-of the individual since the issuance or previous renewal of the
1610-individual's driver's license (issued under IC 9-24-3), chauffeur's
1611-or public passenger chauffeur's license, or a learner's permit
1612-issued under IC 9-24-7.
1613-(7) The driver's license (issued under IC 9-24-3), chauffeur's or
1614-public passenger chauffeur's license, or a learner's permit issued
1615-under IC 9-24-7 of the individual must not be:
1616-(A) suspended; or
1617-(B) expired more than one hundred eighty (180) days;
1618-at the time of the application for renewal.
1619-(8) If the individual is seventy-five (75) years of age or older at
1620-the time of the application for renewal, the individual must
1621-provide proof, on a form approved by the bureau, that the
1622-individual has passed an eyesight examination within thirty (30)
1623-days prior to the renewal application.
1624-(c) An individual applying for the renewal of a driver's license
1625-issued in the form of a physical credential (issued under IC 9-24-3),
1626-a chauffeur's license or a public passenger chauffeur's license, or a
1627-learner's permit issued in the form of a physical credential under
1628-HEA 1050 — CC 1 39
1629-IC 9-24-7, including any endorsements in effect with respect to the
1630-license, must apply in person at a license branch under subsection (a)
1631-if the individual is not entitled to apply by mail or by electronic service
1632-under subsection (b).
1633-(d) The bureau may not issue or renew a chauffeur's or a public
1634-passenger chauffeur's license after December 31, 2016. If a holder of
1635-a chauffeur's or a public passenger chauffeur's license applies after
1636-December 31, 2016, for renewal of the chauffeur's or public passenger
1637-chauffeur's license, the bureau shall issue to the holder a driver's
1638-license under IC 9-24-3 with a for-hire endorsement if the holder:
1639-(1) applies in a form and manner prescribed by the bureau; and
1640-(2) satisfies the requirements for renewal of a driver's license
1641-issued under IC 9-24-3, including the fee and examination
1642-requirements under this section.
1643-(e) An individual applying for the renewal of a driver's license
1644-issued in the form of a physical credential under IC 9-24-3 shall pay
1645-the following applicable fee:
1646-(1) If the individual is less than seventy-five (75) years of age,
1647-seventeen dollars and fifty cents ($17.50). The fee shall be
1648-distributed as follows:
1649-(A) Fifty cents ($0.50) to the state motor vehicle technology
1650-fund.
1651-(B) Two dollars ($2) to the crossroads 2000 fund.
1652-(C) Four dollars and fifty cents ($4.50) to the motor vehicle
1653-highway account.
1654-(D) One dollar and twenty-five cents ($1.25) to the integrated
1655-public safety communications fund.
1656-(E) Nine dollars and twenty-five cents ($9.25) to the
1657-commission fund.
1658-(2) If the individual is at least seventy-five (75) years of age and
1659-less than eighty-five (85) years of age, eleven dollars ($11). The
1660-fee shall be distributed as follows:
1661-(A) Fifty cents ($0.50) to the state motor vehicle technology
1662-fund.
1663-(B) One dollar and fifty cents ($1.50) to the crossroads 2000
1664-fund.
1665-(C) Three dollars ($3) to the motor vehicle highway account.
1666-(D) One dollar and twenty-five cents ($1.25) to the integrated
1667-public safety communications fund.
1668-(E) Four dollars and seventy-five cents ($4.75) to the
1669-commission fund.
1670-(3) If the individual is at least eighty-five (85) years of age, seven
1671-HEA 1050 — CC 1 40
1672-dollars ($7). The fee shall be distributed as follows:
1673-(A) Fifty cents ($0.50) to the state motor vehicle technology
1674-fund.
1675-(B) One dollar ($1) to the crossroads 2000 fund.
1676-(C) Two dollars ($2) to the motor vehicle highway account.
1677-(D) One dollar and twenty-five cents ($1.25) to the integrated
1678-public safety communications fund.
1679-(E) Two dollars and twenty-five cents ($2.25) to the
1680-commission fund.
1681-A fee paid under this subsection after December 31, 2016, includes the
1682-renewal of any endorsements that are in effect with respect to the
1683-driver's license issued in the form of a physical credential under
1684-IC 9-24-3 at the time of renewal.
1685-SECTION 47. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
1686-SECTION 497, IS AMENDED TO READ AS FOLLOWS
1687-[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) This section applies to
1688-a driver's license other than a commercial driver's license.
1689-(b) If the birthday of a holder on which the holder's driver's license
1690-would otherwise expire falls on:
1691-(1) Sunday;
1692-(2) a legal holiday (as set forth in IC 1-1-9-1); or
1693-(3) a weekday when all license branches in the county of
1694-residence of the holder are closed;
1695-the driver's license of the holder does not expire until midnight of the
1696-first day after the birthday on which a license branch is open for
1697-business in the county of residence of the holder.
1698-(c) A driver's license issued to an applicant who complies with
1699-IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10) IC 9-24-9-2.5 or who is
1700-granted parole expires:
1701-(1) at midnight one (1) year after issuance if there is no expiration
1702-date on the authorization granted to the individual to remain in the
1703-United States; or
1704-(2) if there is an expiration date on the authorization granted to
1705-the individual to remain in the United States, the earlier of the
1706-following:
1707-(A) At midnight of the date the authorization of the holder to
1708-be a legal have lawful status as a permanent resident or
1709-conditional resident alien of the United States expires.
1710-(B) At midnight of the birthday of the holder that occurs six
1711-(6) years after the date of issuance.
1712-SECTION 48. IC 9-24-13-3, AS AMENDED BY P.L.120-2020,
1713-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1714-HEA 1050 — CC 1 41
1715-JULY 1, 2023]: Sec. 3. (a) An individual holding a permit or driver's
1716-license issued in the form of a physical credential under this article
1717-must have the permit or driver's license in the form of the physical
1718-credential in the individual's immediate possession when driving or
1719-operating a motor vehicle. The individual shall display the driver's
1720-license or permit in the form of a physical credential upon demand
1721-of a court or a police officer authorized by law to enforce motor vehicle
1722-rules.
1723-(b) If the permit or driver's license is a mobile credential, viewed on
1724-a telecommunications device, a court or a police officer authorized by
1725-law to enforce motor vehicle rules may not, without the consent of the
1726-person:
1727-(1) confiscate a telecommunications device for the purpose of
1728-determining compliance with this section;
1729-(2) confiscate a telecommunications device and retain it as
1730-evidence pending trial for a violation of this section; or
1731-(3) extract or otherwise download information from a
1732-telecommunications device for a violation of this section unless:
1733-(A) the court or police officer has probable cause to believe
1734-the telecommunications device has been used in the
1735-commission of a crime;
1736-(B) the information is extracted or otherwise downloaded
1737-under a valid search warrant; or
1738-(C) otherwise authorized by law.
1739-(c) The display of transmission of data from a mobile credential
1740-shall not serve as consent or authorization for the court, a police
1741-officer, or any other person to search, view, or access any data or
1742-application on the telecommunications device other than the mobile
1743-credential. If a person presents the person's telecommunications device
1744-to the court, a police officer, or any other person for the purposes of
1745-displaying sharing data from the person's mobile credential, the court,
1746-police officer, or person viewing receiving the data from the mobile
1747-credential shall not handle the telecommunications device in order to
1748-view the mobile credential and to verify the identity of the person.
1749-(d) Notwithstanding the July 1, 2021, effective date in HEA
1750-1506-2019, SECTION 53 (P.L.178-2019), this section takes effect July
1751-1, 2020 (rather than July 1, 2021).
1752-SECTION 49. IC 9-24-13-4, AS AMENDED BY P.L.256-2017,
1753-SECTION 175, IS AMENDED TO READ AS FOLLOWS
1754-[EFFECTIVE JULY 1, 2023]: Sec. 4. If:
1755-(1) an individual holding a driver's license or permit issued in the
1756-form of a physical credential under this article changes the
1757-HEA 1050 — CC 1 42
1758-address shown on the driver's license or permit application; or
1759-(2) the name of a licensee or permittee is changed by marriage or
1760-otherwise;
1761-the licensee or permittee shall make application for an amended
1762-driver's license or permit issued in the form of a physical credential
1763-under IC 9-24-9 containing the correct information within thirty (30)
1764-days of the change. For fee purposes, the application shall be treated as
1765-a replacement license under IC 9-24-14-1.
1766-SECTION 50. IC 9-24-14-1, AS AMENDED BY P.L.256-2017,
1767-SECTION 176, IS AMENDED TO READ AS FOLLOWS
1768-[EFFECTIVE JULY 1, 2023]: Sec. 1. If a permit or driver's license
1769-issued in the form of a physical credential under this article is lost or
1770-destroyed, and as provided in section 3.5 of this chapter, the individual
1771-to whom the permit or driver's license was issued may obtain a
1772-replacement if the individual pays a fee as follows:
1773-(1) For a replacement permit or driver's license, other than a
1774-commercial driver's license, issued before January 1, 2017, ten
1775-dollars and fifty cents ($10.50). The fee shall be distributed as
1776-follows:
1777-(A) Fifty cents ($0.50) to the state motor vehicle technology
1778-fund.
1779-(B) One dollar and fifty cents ($1.50) to the crossroads 2000
1780-fund.
1781-(C) One dollar and fifty cents ($1.50) to the motor vehicle
1782-highway account.
1783-(D) One dollar and twenty-five cents ($1.25) to the integrated
1784-public safety communications fund.
1785-(E) Five dollars and seventy-five cents ($5.75) to the
1786-commission fund.
1787-(2) For a replacement commercial driver's license issued before
1788-January 1, 2017, five dollars and fifty cents ($5.50). The fee shall
1789-be distributed as follows:
1790-(A) Fifty cents ($0.50) to the state motor vehicle technology
1791-fund.
1792-(B) One dollar ($1) to the crossroads 2000 fund.
1793-(C) One dollar and fifty cents ($1.50) to the motor vehicle
1794-highway account.
1795-(D) Two dollars and fifty cents ($2.50) to the commission
1796-fund.
1797-(3) For a replacement permit or driver's license issued after
1798-December 31, 2016, nine dollars ($9). The fee shall be distributed
1799-as follows:
1800-HEA 1050 — CC 1 43
1801-(A) Twenty-five cents ($0.25) to the motor vehicle highway
1802-account.
1803-(B) Fifty cents ($0.50) to the state motor vehicle technology
1804-fund.
1805-(C) One dollar and twenty-five cents ($1.25) to the integrated
1806-public safety communications fund.
1807-(D) Two dollars ($2) to the crossroads 2000 fund.
1808-(E) Five dollars ($5) to the commission fund.
1809-SECTION 51. IC 9-24-14-3.5, AS AMENDED BY P.L.118-2022,
1810-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1811-JULY 1, 2023]: Sec. 3.5. (a) If a valid computerized image or digital
1812-photograph of an individual exists within the records of the bureau, an
1813-individual may apply for a replacement driver's license or learner's
1814-permit issued in the form of a physical credential by electronic
1815-service.
1816-(b) An individual applying for a replacement of a driver's license or
1817-a learner's permit issued in the form of a physical credential must
1818-apply in person at a license branch if the individual is not entitled to
1819-apply by mail or by electronic service under subsection (a).
1820-SECTION 52. IC 9-24-16-1, AS AMENDED BY P.L.198-2016,
1821-SECTION 508, IS AMENDED TO READ AS FOLLOWS
1822-[EFFECTIVE UPON PASSAGE]: Sec. 1. The bureau shall issue an
1823-identification card in the form of a physical credential to an
1824-individual who meets the following conditions:
1825-(1) Makes an application.
1826-(2) Is an Indiana resident.
1827-(3) Has presented valid documentary evidence to the bureau of
1828-the individual's legal lawful status in the United States or valid
1829-documentary evidence that the individual is granted parole,
1830-as required by section 3.5 of this chapter.
1831-SECTION 53. IC 9-24-16-2, AS AMENDED BY P.L.111-2021,
1832-SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1833-UPON PASSAGE]: Sec. 2. (a) An application for an identification card
1834-to be issued under this chapter in the form of a physical credential
1835-must contain the following questions:
1836-(1) "Have you served in the armed forces of the United States?".
1837-(2) "Are you the surviving spouse of someone who served in the
1838-armed forces of the United States or their reserves, in the National
1839-Guard, or in the Indiana National Guard?".
1840-(b) In addition to the questions set forth in subsection (a), an
1841-application for an identification card issued under this chapter in the
1842-form of a physical credential must require the following information
1843-HEA 1050 — CC 1 44
1844-concerning an applicant:
1845-(1) The full legal name of the applicant.
1846-(2) The applicant's date of birth.
1847-(3) The gender of the applicant.
1848-(4) The applicant's height, weight, hair color, and eye color.
1849-(5) The principal address and mailing address of the applicant.
1850-(6) A:
1851-(A) valid Social Security number; or
1852-(B) verification of an applicant's:
1853-(i) ineligibility to be issued a Social Security number; and
1854-(ii) identity and lawful status. identity; and
1855-(iii) lawful status, except for an individual granted
1856-parole.
1857-(7) A digital photograph of the applicant.
1858-(8) The signature of the applicant showing the applicant's legal
1859-name as it will appear on the identification card issued in the
1860-form of a physical credential.
1861-(9) If the applicant is also applying for a motor driven cycle
1862-endorsement, verification that the applicant has satisfactorily
1863-completed the test required under section 3.6 of this chapter.
1864-(c) The bureau may invalidate an identification card issued in the
1865-form of a physical credential that the bureau believes to have been
1866-issued as a result of fraudulent documentation.
1867-(d) The bureau:
1868-(1) shall adopt rules under IC 4-22-2 to establish a procedure to
1869-verify an applicant's identity and lawful status; and
1870-(2) may adopt rules to establish a procedure to temporarily
1871-invalidate an identification card issued in the form of a physical
1872-credential that it believes to have been issued based on
1873-fraudulent documentation.
1874-(e) For purposes of subsection (b), an individual certified as a
1875-program participant in the address confidentiality program under
1876-IC 5-26.5 is not required to provide the individual's principal address
1877-and mailing address, but may provide an address designated by the
1878-office of the attorney general under IC 5-26.5 as the individual's
1879-principal address and mailing address.
1880-(f) In addition to the information required under subsection (b), an
1881-application for an identification card to be issued under this chapter in
1882-the form of a physical credential must enable the applicant to
1883-indicate that the applicant is a veteran and wishes to have an indication
1884-of the applicant's veteran status appear on the identification card issued
1885-in the form of a physical credential. An applicant who wishes to have
1886-HEA 1050 — CC 1 45
1887-an indication of the applicant's veteran status appear on the
1888-identification card issued in the form of a physical credential must:
1889-(1) indicate on the application that the applicant:
1890-(A) is a veteran; and
1891-(B) wishes to have an indication of the applicant's veteran
1892-status appear on the identification card; and
1893-(2) provide proof at the time of application of the applicant's
1894-veteran status.
1895-(g) In addition to the information required under subsection (b), an
1896-application for an identification card to be issued under this chapter in
1897-the form of a physical credential must enable the applicant to
1898-indicate that the applicant is a surviving spouse of a veteran and wishes
1899-to have an indication of the applicant's status as a surviving spouse of
1900-a veteran appear on the identification card issued in the form of a
1901-physical credential. An applicant who wishes to have an indication of
1902-the applicant's status as a surviving spouse of a veteran appear on the
1903-identification card issued in the form of a physical credential must:
1904-(1) indicate on the application that the applicant:
1905-(A) is the surviving spouse of a veteran of the armed forces of
1906-the United States; and
1907-(B) wishes to have an indication of the applicant's status as a
1908-surviving spouse of a veteran appear on the identification card
1909-issued in the form of a physical credential; and
1910-(2) provide the documentation necessary to verify that the
1911-applicant was married, at the time of the decedent's death, to a
1912-veteran.
1913-(h) The bureau shall keep in a data base and share the information
1914-submitted under subsections (a) and (g) at least annually with the
1915-Indiana department of veterans' affairs. The information submitted
1916-under subsections (a) and (g) may be used by the Indiana department
1917-of veterans' affairs to develop outreach programs for veterans and their
1918-families.
1919-(i) The application for an identification card to be issued under this
1920-chapter in the form of a physical credential must indicate that an
1921-applicant has the option whether or not to answer the questions set
1922-forth in subsection (a).
1923-SECTION 54. IC 9-24-16-3, AS AMENDED BY P.L.111-2021,
1924-SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1925-UPON PASSAGE]: Sec. 3. (a) An identification card:
1926-(1) issued in physical the form of a physical credential must
1927-have the same dimensions and shape as a driver's license; and
1928-(2) in the form of a mobile credential must have the same format
1929-HEA 1050 — CC 1 46
1930-as contain the same data contained in a driver's license;
1931-but the card must have markings sufficient to distinguish the card from
1932-a driver's license.
1933-(b) Except as provided in subsection (g), the front side of a physical
1934-an identification card or the top portion of an identification card in the
1935-format of a mobile credential issued in the form of a physical
1936-credential must contain the expiration date of the identification card
1937-and the following information about the individual to whom the card
1938-is being issued:
1939-(1) Full legal name.
1940-(2) The address of the principal residence.
1941-(3) Date of birth.
1942-(4) Date of issue and date of expiration.
1943-(5) Unique identification number.
1944-(6) Gender.
1945-(7) Weight.
1946-(8) Height.
1947-(9) Color of eyes and hair.
1948-(10) Reproduction of the signature of the individual identified.
1949-(11) Whether the individual is blind (as defined in
1950-IC 12-7-2-21(1)).
1951-(12) If the individual is less than eighteen (18) years of age at the
1952-time of issuance, the dates on which the individual will become:
1953-(A) eighteen (18) years of age; and
1954-(B) twenty-one (21) years of age.
1955-(13) If the individual is at least eighteen (18) years of age but less
1956-than twenty-one (21) years of age at the time of issuance, the date
1957-on which the individual will become twenty-one (21) years of age.
1958-(14) Digital photograph of the individual.
1959-(c) The information contained on the identification card as required
1960-by subsection (b)(12) or (b)(13) for an individual who is less than
1961-twenty-one (21) years of age at the time of issuance shall be notated
1962-prominently on the identification card issued in the form of a physical
1963-credential.
1964-(d) If the individual complies with section 2(f) or 2(g) of this
1965-chapter, an indication of the individual's veteran status or status as the
1966-surviving spouse of a veteran of the armed forces of the United States,
1967-as applicable, shall be shown on the identification card issued in the
1968-form of a physical credential.
1969-(e) If the applicant for an identification card issued in the form of
1970-a physical credential submits information to the bureau concerning
1971-the applicant's medical condition, the bureau shall place an identifying
1972-HEA 1050 — CC 1 47
1973-symbol on the face of the identification card issued in the form of a
1974-physical credential to indicate that the applicant has a medical
1975-condition of note. The bureau shall include information on the
1976-identification card issued in the form of a physical credential that
1977-briefly describes the medical condition of the holder of the card issued
1978-in the form of a physical credential. The information must be printed
1979-in a manner that alerts a person reading the card issued in the form of
1980-a physical credential to the existence of the medical condition. The
1981-applicant for an identification card issued in the form of a physical
1982-credential is responsible for the accuracy of the information
1983-concerning the medical condition submitted under this subsection. The
1984-bureau shall inform an applicant that submission of information under
1985-this subsection is voluntary.
1986-(f) An identification card issued by the state to an individual who
1987-has:
1988-(1) temporary lawful status as indicated by:
1989-(1) has (A) a valid, unexpired nonimmigrant visa or has
1990-nonimmigrant visa status for entry in the United States;
1991-(2) has (B) a pending application for asylum in the United
1992-States;
1993-(3) has (C) a pending or approved application for temporary
1994-protected status in the United States;
1995-(4) has (D) having an approved deferred action status; or
1996-(5) has (E) a pending application for adjustment of status to
1997-that of an alien lawfully admitted for permanent residence in
1998-the United States or conditional permanent residence status in
1999-the United States; or
2000-(2) been granted parole;
2001-must be issued in the form of a physical credential and clearly
2002-identified as a temporary identification card. A temporary identification
2003-card issued under this subsection may not be renewed without the
2004-presentation of valid documentary evidence proving that the holder of
2005-the identification card's temporary status has been extended.
2006-(g) For purposes of subsection (b), an individual certified as a
2007-program participant in the address confidentiality program under
2008-IC 5-26.5 is not required to provide the address of the individual's
2009-principal residence, but may provide an address designated by the
2010-office of the attorney general under IC 5-26.5 as the address of the
2011-individual's principal residence.
2012-(h) The bureau shall validate an identification card issued in the
2013-form of a physical credential for motor driven cycle operation upon
2014-a highway by endorsement to an individual who:
2015-HEA 1050 — CC 1 48
2016-(1) applies for or has previously been issued an identification card
2017-under this chapter;
2018-(2) makes the appropriate application for endorsement; and
2019-(3) satisfactorily completes the test required under section 3.6 of
2020-this chapter.
2021-The bureau shall place a designation on the face of the identification
2022-card issued in the form of a physical credential to indicate that the
2023-individual has received a motor driven cycle endorsement.
2024-SECTION 55. IC 9-24-16-3.5, AS AMENDED BY P.L.162-2009,
2025-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2026-UPON PASSAGE]: Sec. 3.5. In addition to the information required for
2027-the applicant for an identification card under section 3 of this chapter,
2028-the bureau shall require an applicant to present to the bureau:
2029-(1) valid documentary evidence that the applicant has:
2030-(A) is a citizen or national of the United States; lawful status;
2031-(B) is an alien lawfully admitted for permanent residence in
2032-the United States;
2033-(C) has conditional permanent resident status in the United
2034-States;
2035-(D) has an approved application for asylum in the United
2036-States or has entered into the United States in refugee status;
2037-(E) is an alien lawfully admitted for temporary residence in the
2038-United States;
2039-(F) has a valid unexpired nonimmigrant visa or nonimmigrant
2040-visa status for entry into the United States;
2041-(G) has a pending application for asylum in the United States;
2042-(H) has a pending or approved application for temporary
2043-protected status in the United States;
2044-(I) has approved deferred action status; or
2045-(J) (B) has a pending application for adjustment of status to
2046-that of an alien lawfully admitted for permanent residence in
2047-the United States or conditional permanent resident status in
2048-the United States; and or
2049-(C) been granted parole; and
2050-(2) evidence of the Social Security number of the applicant. If
2051-federal law prohibits the issuance of a Social Security number to
2052-the applicant, the applicant must provide verification of the
2053-applicant's ineligibility to be issued a Social Security number.
2054-SECTION 56. IC 9-24-16-4, AS AMENDED BY P.L.125-2012,
2055-SECTION 228, IS AMENDED TO READ AS FOLLOWS
2056-[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Except as provided in
2057-subsection (b), an identification card expires at midnight of the
2058-HEA 1050 — CC 1 49
2059-birthday of the holder that occurs six (6) years following the date of
2060-issuance.
2061-(b) An identification card issued under this article to an applicant
2062-who complies with section 3.5(1)(E) through 3.5(1)(J) 3.5 of this
2063-chapter expires:
2064-(1) at midnight one (1) year after issuance, if there is no
2065-expiration date on the authorization granted to the individual to
2066-remain in the United States; or
2067-(2) if there is an expiration date on the authorization granted to
2068-the individual to remain in the United States, the earlier of the
2069-following:
2070-(A) At midnight of the date the authorization of the holder to
2071-be a legal have lawful status as a permanent resident or
2072-conditional resident alien of the United States expires.
2073-(B) At midnight of the birthday of the holder that occurs six
2074-(6) years after the date of issuance.
2075-SECTION 57. IC 9-24-16-4.5, AS AMENDED BY P.L.111-2021,
2076-SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2077-JULY 1, 2023]: Sec. 4.5. (a) The bureau may adopt rules under
2078-IC 4-22-2 concerning the ability of an individual to renew an
2079-identification card issued in the form of a physical credential under
2080-section 5 of this chapter, apply for a replacement identification card
2081-issued in the form of a physical credential under section 9 of this
2082-chapter, or apply for a replacement identification card issued in the
2083-form of a physical credential under section 6 of this chapter by
2084-electronic service. If rules are adopted under this subsection, the rules
2085-must provide that an individual's renewal, amendment, or replacement
2086-of an identification card issued in the form of a physical credential
2087-by electronic service is subject to the following conditions:
2088-(1) A valid computerized image or digital photograph of the
2089-individual must exist within the records of the bureau.
2090-(2) The individual must be a citizen of the United States, as
2091-shown in the records of the bureau.
2092-(3) There must not have been any change in the:
2093-(A) legal address; or
2094-(B) name;
2095-of the individual since the issuance or previous renewal of the
2096-identification card issued in the form of a physical credential of
2097-the individual.
2098-(4) The identification card issued in the form of a physical
2099-credential of the individual must not be expired more than one
2100-hundred eighty (180) days at the time of the application for
2101-HEA 1050 — CC 1 50
2102-renewal.
2103-(b) An individual applying for:
2104-(1) the renewal of an identification card; or
2105-(2) a replacement identification card;
2106-must apply in person if the individual is not entitled to apply by mail or
2107-by electronic service under subsection (a).
2108-SECTION 58. IC 9-24-16-5, AS AMENDED BY P.L.147-2018,
2109-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2110-UPON PASSAGE]: Sec. 5. (a) An application for renewal of an
2111-identification card issued in the form of a physical credential may be
2112-made not more than twenty-four (24) months before the expiration date
2113-of the card issued in the form of a physical credential. However,
2114-when the applicant complies with section 3.5(1)(E) through 3.5(1)(J)
2115-3.5 of this chapter, an application for renewal of an identification card
2116-issued in the form of a physical credential may be filed not more
2117-than one (1) month before the expiration date of the identification card
2118-issued in the form of a physical credential held by the applicant.
2119-(b) Except as provided in subsection (d), a renewed card issued in
2120-the form of a physical credential is valid on the birth date of the
2121-holder and remains valid for six (6) years.
2122-(c) Renewal may not be granted if the cardholder was issued a
2123-driver's license issued in the form of a physical credential subsequent
2124-to the last issuance of an identification card issued in the form of a
2125-physical credential.
2126-(d) A renewed identification card issued under this article in the
2127-form of a physical credential to an applicant who complies with
2128-section 3.5(1)(E) through 3.5(1)(J) 3.5 of this chapter expires:
2129-(1) at midnight one (1) year after issuance, if there is no
2130-expiration date on the authorization granted to the individual to
2131-remain in the United States; or
2132-(2) if there is an expiration date on the authorization granted to
2133-the individual to remain in the United States, the earlier of the
2134-following:
2135-(A) At midnight of the date the authorization of the holder to
2136-be a legal have lawful status as a permanent resident or
2137-conditional resident alien of the United States expires.
2138-(B) At midnight of the birthday of the holder that occurs six
2139-(6) years after the date of issuance.
2140-SECTION 59. IC 9-24-16-15, AS ADDED BY P.L.111-2021,
2141-SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2142-JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
2143-of twenty-five dollars ($25) if the bureau processes a credential an
2144-HEA 1050 — CC 1 51
2145-application for a physical credential under this chapter in a period of
2146-time that is shorter than the normal processing period. The bureau shall
2147-deposit the fee in the commission fund.
2148-(b) A fee imposed under this section is in addition to any other fee
2149-imposed under this chapter.
2150-SECTION 60. IC 9-24-16.5-15, AS ADDED BY P.L.111-2021,
2151-SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2152-JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
2153-of twenty-five dollars ($25) if the bureau processes a credential an
2154-application for a physical credential under this chapter in a period of
2155-time that is shorter than the normal processing period. The bureau shall
2156-deposit the fee in the commission fund.
2157-(b) A fee imposed under this section is in addition to any other fee
2158-imposed under this chapter.
2159-SECTION 61. IC 9-24-17-1, AS AMENDED BY P.L.198-2016,
2160-SECTION 519, IS AMENDED TO READ AS FOLLOWS
2161-[EFFECTIVE JULY 1, 2023]: Sec. 1. The application form for a
2162-physical credential must allow an applicant to acknowledge the making
2163-of an anatomical gift under IC 29-2-16.1-4.
2164-SECTION 62. IC 9-24-17-2, AS AMENDED BY P.L.198-2016,
2165-SECTION 520, IS AMENDED TO READ AS FOLLOWS
2166-[EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The bureau shall inquire of
2167-every individual who applies for a physical credential whether the
2168-individual desires to make an anatomical gift.
2169-(b) If the individual does desire to make an anatomical gift, the
2170-bureau shall provide the individual the form by which the individual
2171-makes the gift.
2172-SECTION 63. IC 9-24-17-8, AS AMENDED BY P.L.198-2016,
2173-SECTION 524, IS AMENDED TO READ AS FOLLOWS
2174-[EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Each anatomical gift made
2175-under this chapter must be made by the donor by acknowledging the
2176-making of the anatomical gift by signing the application form for the
2177-a physical credential under section 1 of this chapter. If the donor
2178-cannot sign, the application form may be signed for the donor:
2179-(1) at the donor's direction and in the donor's presence; and
2180-(2) in the presence of two (2) witnesses who must sign the
2181-document in the donor's and each other's presence.
2182-(b) The bureau shall place an identifying symbol on the face of the
2183-physical credential to indicate that the person to whom the physical
2184-credential is issued has acknowledged the making of an anatomical gift
2185-on the application form for the physical credential as set forth in
2186-subsection (a).
2187-HEA 1050 — CC 1 52
2188-(c) Revocation, suspension, cancellation, or expiration of the
2189-physical credential does not invalidate the anatomical gift.
2190-(d) An anatomical gift is valid if the individual acknowledges the
2191-making of the anatomical gift by signing the application form for a
2192-physical credential under subsection (a). No other acknowledgment is
2193-required to make an anatomical gift.
2194-SECTION 64. IC 9-24-17.5-1, AS AMENDED BY P.L.120-2020,
2195-SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2196-JULY 1, 2023]: Sec. 1. (a) The bureau may develop a secure and
2197-uniform system to issue mobile credentials that can be accessed
2198-electronically through an application on a telecommunications device.
2199-(b) Notwithstanding the July 1, 2021, effective date in HEA
2200-1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
2201-1, 2020 (rather than July 1, 2021).
2202-(b) The form of a mobile credential issued by the bureau under
2203-this chapter must comply with:
2204-(1) the standards for implementation of mobile driving
2205-licenses set by the International Organization for
2206-Standardization and the International Electrotechnical
2207-Commission; and
2208-(2) the Mobile Driver's License Implementation Guidelines
2209-established by the American Association of Motor Vehicle
2210-Administrators.
2211-SECTION 65. IC 9-24-17.5-2, AS AMENDED BY P.L.120-2020,
2212-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2213-JULY 1, 2023]: Sec. 2. (a) In addition to a physical credential issued
2214-under this article, upon request by an applicant, the bureau may issue
2215-a mobile credential to an individual who satisfies the requirements for
2216-application under this article for the following:
2217-(1) A driver's license.
2218-(2) A learner's permit.
2219-(3) An identification card.
2220-(b) The bureau shall may not issue a mobile credential for:
2221-(1) a commercial driver's license issued under IC 9-24-6.1;
2222-(2) a commercial learner's permit issued under IC 9-24-6.1; or
2223-(3) a motorcycle learner's permit issued under IC 9-24-8-3;
2224-(4) a photo exempt driver's license issued under
2225-IC 9-24-11-5(b); or
2226-(3) (5) a photo exempt identification card issued under
2227-IC 9-24-16.5.
2228-(c) Notwithstanding the July 1, 2021, effective date in HEA
2229-1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
2230-HEA 1050 — CC 1 53
2231-1, 2020 (rather than July 1, 2021).
2232-SECTION 66. IC 9-24-17.7-1, AS ADDED BY P.L.111-2021,
2233-SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2234-JULY 1, 2023]: Sec. 1. The bureau shall not request information
2235-regarding an individual's vaccination status or proof of immunity when
2236-an individual applies for a physical credential or a mobile credential
2237-under this article.
2238-SECTION 67. IC 9-24-17.7-2, AS ADDED BY P.L.111-2021,
2239-SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2240-JULY 1, 2023]: Sec. 2. The bureau shall not collect, keep in a data
2241-base, place an indication on a physical credential or a mobile
2242-credential, or share information regarding an individual's vaccination
2243-status or proof of immunity.
2244-SECTION 68. IC 9-26-2-5, AS AMENDED BY P.L.178-2019,
2245-SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2246-JULY 1, 2023]: Sec. 5. (a) As used in this section, "emergency contact
2247-data base" means the Indiana emergency contact data base described
2248-in IC 9-26-10-1.
2249-(b) As used in this section, "emergency contact person" means an
2250-individual who is listed in the emergency contact data base, including
2251-only individuals who are at least eighteen (18) years of age.
2252-(c) As used in this section, "qualifying motor vehicle accident"
2253-means a motor vehicle accident involving:
2254-(1) death; or
2255-(2) serious bodily injury.
2256-(d) As used in this section, "serious bodily injury" has the meaning
2257-set forth in IC 35-31.5-2-292.
2258-(e) A law enforcement officer, upon arriving at the scene of a
2259-qualifying motor vehicle accident, shall access the emergency contact
2260-data base and attempt to contact the emergency contact persons listed
2261-for a corresponding credential holder of a physical credential unable
2262-to communicate due to death or serious bodily injury. If contact with an
2263-emergency contact person is made, the law enforcement officer shall
2264-inform the emergency contact person that the credential holder of a
2265-physical credential has been involved in a qualifying motor vehicle
2266-accident.
2267-(f) A law enforcement officer shall attempt to contact a credential
2268-holder's the emergency contact persons of the holder of a physical
2269-credential within a reasonable amount of time after learning of or
2270-responding to a qualifying motor vehicle accident.
2271-(g) A law enforcement officer's good faith attempt to contact a
2272-credential holder's the emergency contact persons of the holder of a
2273-HEA 1050 — CC 1 54
2274-physical credential as described in subsection (f) immunizes the law
2275-enforcement officer from civil liability and all associated damages,
2276-including punitive damages, related to the law enforcement officer's
2277-inability to make:
2278-(1) any contact with a credential holder's the emergency contact
2279-persons of the holder of a physical credential; or
2280-(2) contact with a credential holder's the emergency contact
2281-persons of the holder of a physical credential within a
2282-reasonable amount of time after arriving at the scene of a
2283-qualifying motor vehicle accident.
2284-(h) If a law enforcement officer is not liable for an act or omission
2285-under this section, no other person incurs liability by reason of an
2286-agency relationship with the law enforcement officer.
2287-(i) A law enforcement officer may not be:
2288-(1) found liable; or
2289-(2) subject to damages;
2290-for any inaccuracy or omission related to the information contained in
2291-the emergency contact data base.
2292-(j) The duty imposed on a law enforcement officer by this section
2293-shall be performed in addition to any other duty required by this
2294-chapter.
2295-(k) A law enforcement agency may establish and implement
2296-protocols necessary to meet the law enforcement agency's obligations
2297-under this section.
2298-(l) A law enforcement agency is exempt from this chapter before the
2299-creation of the emergency contact data base by the bureau.
2300-SECTION 69. IC 9-26-10-1, AS AMENDED BY P.L.11-2019,
2301-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2302-JULY 1, 2023]: Sec. 1. (a) The bureau shall create and maintain the
2303-Indiana emergency contact data base. The purpose of the emergency
2304-contact data base is to provide law enforcement officers and coroners
2305-with the means to contact emergency contact persons in the event of a
2306-motor vehicle accident that renders a credential the holder of a
2307-physical credential or a mobile credential unable to communicate
2308-due to death or serious bodily injury.
2309-(b) The emergency contact data base must consist of contact
2310-information for not more than two (2) emergency contact persons per
2311-credential holder of a physical credential or a mobile credential.
2312-SECTION 70. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
2313-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2314-JULY 1, 2023]: Sec. 3. (a) As used in this chapter, "driver training
2315-school" means:
2316-HEA 1050 — CC 1 55
2317-(1) a business enterprise that:
2318-(A) is conducted by an individual, an association, a
2319-partnership, a limited liability company, or a corporation for
2320-the education and training of persons, practically or
2321-theoretically, or both, to operate or drive motor vehicles or to
2322-prepare an applicant for an examination or validation under
2323-IC 9-24 for a driver's license; and
2324-(B) charges consideration or tuition for the provision of
2325-services; or
2326-(2) a driver education program operated under the authority of:
2327-(A) a school corporation (as defined in IC 36-1-2-17);
2328-(B) a state accredited nonpublic secondary school that
2329-voluntarily becomes accredited under IC 20-31-4.1;
2330-(C) a postsecondary proprietary educational institution (as
2331-defined in IC 22-4.1-21-9);
2332-(D) a postsecondary credit bearing proprietary educational
2333-institution (as defined in IC 21-18.5-2-12);
2334-(E) a state educational institution (as defined in
2335-IC 21-7-13-32); or
2336-(F) a nonaccredited nonpublic school.
2337-(b) The term does not include a business enterprise that educates or
2338-trains a person or prepares a person:
2339-(1) for an examination or a validation given by the bureau to
2340-operate or drive a motor vehicle as a vocation; or
2341-(2) to operate a commercial motor vehicle.
2342-SECTION 71. IC 9-27-7-8 IS ADDED TO THE INDIANA CODE
2343-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2344-1, 2023]: Sec. 8. (a) The following are immune from civil liability
2345-for an act or omission occurring during a motorcycle operator
2346-safety education course that results in an injury or property
2347-damage:
2348-(1) The state of Indiana.
2349-(2) A regional training center contracted by the bureau or any
2350-other site approved by the commissioner to provide
2351-motorcycle driver education and training courses.
2352-(3) The owner of a site upon which a motorcycle operator
2353-safety education course is conducted.
2354-(4) An officer, agent, or employee of a person described in
2355-subdivisions (1) through (3).
2356-(b) The immunity described in subsection (a) does not apply if
2357-the person committed gross negligence or willful or wanton
2358-misconduct.
2359-HEA 1050 — CC 1 56
2360-SECTION 72. IC 9-30-3-8, AS AMENDED BY P.L.86-2021,
2361-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2362-JULY 1, 2023]: Sec. 8. (a) Except as provided in subsection (b), the
2363-court may issue a warrant for the arrest of a defendant who is an
2364-Indiana resident who:
2365-(1) fails to appear or answer a traffic information and summons
2366-for a misdemeanor or felony; or
2367-(2) fails to appear or answer a complaint and summons for a
2368-misdemeanor or felony served upon the defendant.
2369-If the warrant is not executed within thirty (30) days after issue, the
2370-court shall promptly forward the court copy of the traffic information
2371-and summons or complaint and summons to the bureau indicating that
2372-the defendant failed to appear in court as ordered. The court shall then
2373-mark the case as failure to appear on the court's records.
2374-(b) If a defendant who is not an Indiana resident or a minor who is
2375-an Indiana resident fails to appear or answer a traffic summons served
2376-upon the defendant or minor and upon which the information or
2377-complaint has been filed thirty (30) days after the return date of the
2378-information and summons or complaint and summons, the court shall
2379-promptly forward the court copy of the traffic information and
2380-summons or complaint and summons to the bureau. If the defendant
2381-is a nonresident, the bureau shall notify the motor vehicle commission
2382-of the state of the nonresident defendant of the defendant's failure to
2383-appear and also of any action taken by the bureau relative to the
2384-Indiana driving privileges of the defendant. If the defendant or minor
2385-fails to appear or otherwise answer within thirty (30) days, the court
2386-shall mark the case as failure to appear on the court's records.
2387-(c) The court may suspend the driving privileges of a defendant who
2388-fails to satisfy a judgment entered against the defendant for:
2389-(1) commission of a moving traffic offense as defined by
2390-IC 9-13-2-110; or
2391-(2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
2392-for a period of three (3) years from the date set by the court under
2393-IC 34-28-5-6. The court shall forward notice to the bureau indicating
2394-that the defendant failed to pay as ordered.
2395-(d) If the bureau receives a copy of the traffic information and
2396-summons or complaint under subsection (a) or a notice of failure to pay
2397-under subsection (c), either on a form prescribed by the bureau or in an
2398-electronic format prescribed by the office of judicial administration, the
2399-bureau shall suspend the driving privileges of the defendant until:
2400-(1) the defendant appears in court;
2401-(2) the case has been disposed of;
2402-HEA 1050 — CC 1 57
2403-(3) payment is received by the court; or
2404-(4) three (3) years from a date set by the court under subsection
2405-(c).
2406-The order of suspension may be served upon the defendant by mailing
2407-the order by first class mail to the defendant at the last address shown
2408-for the defendant or minor in the records of the bureau. A suspension
2409-under this section begins thirty (30) days after the date the notice of
2410-suspension is mailed by the bureau to the defendant.
2411-(e) For nonresidents of Indiana or a minor resident of Indiana
2412-under subsection (b), the order of suspension shall be mailed to the
2413-defendant or minor at the address given to the arresting officer or the
2414-clerk of court by the defendant or minor as shown by the traffic
2415-information or complaint. A copy of the order shall also be sent to the
2416-motor vehicle bureau of the state of the nonresident defendant and the
2417-bureau. If:
2418-(1) the defendant's or minor's failure to appear in court has been
2419-certified to the bureau under this chapter; and
2420-(2) the defendant or minor subsequently appears in court to
2421-answer the charges against the defendant or minor;
2422-the court shall proceed to hear and determine the case in the same
2423-manner as other cases pending in the court. Upon final determination
2424-of the case, the court shall notify the bureau of the determination either
2425-in an electronic format or upon forms prescribed by the bureau. The
2426-notification shall be made by the court within ten (10) days after the
2427-final determination of the case, and information from the original copy
2428-of the traffic information and summons or complaint and summons
2429-must accompany the notification.
2430-(f) If the bureau receives notice that a defendant or minor failed to
2431-appear under subsection (b), the bureau shall suspend the defendant's
2432-or minor's Indiana driving privileges until either:
2433-(1) the defendant or minor appears in court to answer for the
2434-charges against the defendant or minor; or
2435-(2) the case is disposed of.
2436-(g) This section does not preclude preliminary proceedings under
2437-IC 35-33.
2438-SECTION 73. IC 9-32-13-7, AS AMENDED BY P.L.245-2019,
3092+logged in practice driving.".
3093+Page 13, line 36, delete "status." insert "status or is granted parole
3094+as defined in IC 9-13-2-121.5.".
3095+Page 15, line 30, after "status" insert "or is granted parole as
3096+defined in IC 9-13-2-121.5".
3097+Page 17, line 14, delete "IC 9-24-9-2.5," and insert "IC 9-24-9-2.5
3098+or is granted parole as defined in IC 9-13-2-121.5,".
3099+Page 18, line 3, delete "IC 9-24-9-2.5," and insert "IC 9-24-9-2.5 or
3100+is granted parole as defined in IC 9-13-2-121.5,".
3101+Page 21, line 15, delete "IC 9-24-2.5" and insert "IC 9-24-9-2.5 or
3102+who is granted parole as defined in IC 9-13-2-121.5".
3103+Page 24, line 14, delete "States," and insert "States or valid
3104+documentary evidence that the individual is granted parole as
3105+defined in IC 9-13-2-121.5,".
3106+Page 24, line 37, after "number;" strike "and".
3107+Page 24, line 38, strike "identity and lawful status." and insert
3108+"identity; and
3109+(iii) lawful status, except for an individual granted parole
3110+as defined in IC 9-13-2-121.5.".
3111+EH 1050—LS 6503/DI 139 72
3112+Page 27, line 42, after "lawful status" insert "or proof that the
3113+applicant has been granted parole as defined in IC 9-13-2-121.5".
3114+Page 28, between lines 10 and 11, begin a new line block indented
3115+and insert:
3116+"(6) Granted parole as defined in IC 9-13-2-121.5.".
3117+Page 28, line 40, delete "or".
3118+Page 29, line 16, strike "and" and insert "or".
3119+Page 29, between lines 16 and 17, begin a new line double block
3120+indented and insert:
3121+"(C) been granted parole as defined in IC 9-13-2-121.5;
3122+and".
3123+Page 36, between lines 24 and 25, begin a new paragraph and insert:
3124+"SECTION 53. IC 9-32-13-7, AS AMENDED BY P.L.245-2019,
24393125 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2440-JULY 1, 2023]: Sec. 7. (a) Except as provided in subsection (b), it is an
2441-unfair practice for a dealer to charge a document preparation fee in
2442-excess of two hundred dollars ($200). A document preparation fee of
2443-two hundred dollars ($200) or less is permitted and does not
2444-constitute an unfair practice under this section. A document
2445-HEA 1050 — CC 1 58
2446-preparation fee under this section must be:
3126+JULY 1, 2019 (RETROACTIVE)]: Sec. 7. (a) Except as provided in
3127+subsection (b), it is an unfair practice for a dealer to charge a document
3128+preparation fee in excess of two hundred dollars ($200). A document
3129+preparation fee less than two hundred dollars ($200) is permitted
3130+and does not constitute an unfair practice under this section. A
3131+document preparation fee under this section must be:
24473132 (1) included in the advertised sale price of a vehicle; and
24483133 (2) affirmatively disclosed:
24493134 (A) in writing by the dealer during negotiations for the sale of
24503135 a vehicle to a potential purchaser that states the dollar amount
24513136 of the document preparation fee to be charged; and
24523137 (B) as a separate line item on the purchaser's bill of sale or
24533138 other purchase contract.
24543139 (b) A document preparation fee under this section may be adjusted
24553140 annually by a percentage equal to the annual percentage change in the
24563141 Consumer Price Index, as published by the United States Bureau of
2457-Labor Statistics.
2458-SECTION 74. IC 9-33-1-1, AS AMENDED BY P.L.281-2019,
2459-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2460-JULY 1, 2023]: Sec. 1. This article applies to the following:
2461-(1) Actions taken under a court order.
2462-(2) Actions required under IC 9-24-2-1, IC 9-24-2-2, or
2463-IC 9-24-2-4.
2464-(3) Actions required under IC 9-24-6 (before its repeal on July 1,
2465-2016).
2466-(4) Actions required under IC 9-24-6.5-6(c) (before its repeal on
2467-July 1, 2016).
2468-(5) Actions taken under IC 9-24-6.1.
2469-(6) Actions required under IC 9-25.
2470-(7) Except for a hearing requested under IC 9-28-2-9(c),
2471-actions taken under IC 9-28.
2472-(8) Actions required under IC 9-30.
2473-(9) Refunds claimed after June 30, 2016, of fees imposed by the
2474-bureau.
2475-(10) Actions taken under IC 9-22-1-4.
2476-SECTION 75. IC 24-5-13.5-5.5 IS ADDED TO THE INDIANA
3142+Labor Statistics.".
3143+Page 37, after line 5, begin a new paragraph and insert:
3144+"SECTION 55. [EFFECTIVE UPON PASSAGE] (a) The bureau
3145+of motor vehicles shall adopt rules under IC 4-22-2, including
3146+emergency rules in the manner provided under IC 4-22-2-37.1,
3147+necessary to implement the issuance and administration of the
3148+following:
3149+(1) Driver's licenses, permits, or identification cards for
3150+individuals granted parole as defined in IC 9-13-2-121.5.
3151+(2) Registrations and certificates of title for motor vehicles of
3152+individuals granted parole as defined in IC 9-13-2-121.5.
3153+EH 1050—LS 6503/DI 139 73
3154+(b) This SECTION expires July 1, 2025.
3155+SECTION 56. An emergency is declared for this act.".
3156+Renumber all SECTIONS consecutively.
3157+and when so amended that said bill do pass.
3158+(Reference is to HB 1050 as introduced.)
3159+PRESSEL
3160+Committee Vote: yeas 12, nays 0.
3161+_____
3162+COMMITTEE REPORT
3163+Mr. Speaker: Your Committee on Ways and Means, to which was
3164+referred House Bill 1050, has had the same under consideration and
3165+begs leave to report the same back to the House with the
3166+recommendation that said bill do pass.
3167+(Reference is to HB 1050 as printed February 7, 2023.)
3168+THOMPSON
3169+Committee Vote: Yeas 22, Nays 0
3170+_____
3171+COMMITTEE REPORT
3172+Madam President: The Senate Committee on Homeland Security
3173+and Transportation, to which was referred House Bill No. 1050, has
3174+had the same under consideration and begs leave to report the same
3175+back to the Senate with the recommendation that said bill be
3176+AMENDED as follows:
3177+Page 1, between lines 11 and 12, begin a new paragraph and insert:
3178+"SECTION 2. IC 6-6-4.1-1, AS AMENDED BY P.L.234-2019,
3179+SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3180+JULY 1, 2023]: Sec. 1. As used in this chapter:
3181+(a) "Carrier" means a person who operates or causes to be operated
3182+a commercial motor vehicle on any highway in Indiana.
3183+(b) "Commercial motor vehicle" means a vehicle which is listed in
3184+section 2(a) or (2)(b) of this chapter and which is not excluded from
3185+the application of this chapter under section 2(b) (2)(c) of this chapter.
3186+(c) "Commissioner" means the commissioner of the Indiana
3187+EH 1050—LS 6503/DI 139 74
3188+department of state revenue.
3189+(d) "Declared gross weight" means the weight at which a motor
3190+vehicle is registered with:
3191+(1) the bureau of motor vehicles; or
3192+(2) a state other than Indiana.
3193+(e) "Department" means the Indiana department of state revenue.
3194+(f) "Diesel gallon equivalent" means the amount of an alternative
3195+fuel or natural gas product that produces the same number of British
3196+thermal units of energy as a gallon of diesel fuel.
3197+(g) "Gasoline gallon equivalent" means the amount of an alternative
3198+fuel or natural gas product that produces the same number of British
3199+thermal units of energy as a gallon of gasoline.
3200+(h) "Highway" means the entire width between the boundary lines
3201+of every publicly maintained way that is open in any part to the use of
3202+the public for purposes of vehicular travel.
3203+(i) "Motor fuel" means gasoline (as defined in IC 6-6-1.1), special
3204+fuel (as defined in IC 6-6-2.5), and alternative fuel (as defined in
3205+IC 6-6-2.5).
3206+(j) "Quarter" means calendar quarter.
3207+(k) "Motor vehicle" has the meaning set forth in IC 6-6-1.1-103.
3208+(l) "Recreational vehicle" means motor homes, pickup trucks with
3209+attached campers, and buses when used exclusively for personal
3210+pleasure. A vehicle is not a recreational vehicle if the vehicle is used
3211+in connection with a business.
3212+(m) "Alternative fuel" has the meaning set forth in IC 6-6-2.5-1.
3213+(n) "Special fuel" has the meaning set forth in IC 6-6-2.5-22.
3214+(o) "Natural gas product" has the meaning set forth in
3215+IC 6-6-2.5-16.5.".
3216+Page 1, line 14, strike "(b)," and insert "(c),".
3217+Page 2, between lines 10 and 11, begin a new paragraph and insert:
3218+"(b) Except as provided in subsection (c), this chapter applies to
3219+a motor vehicle (as defined in IC 9-13-2-105) having a gross weight
3220+or a declared gross weight greater than ten thousand (10,000)
3221+pounds and not greater than twenty-six thousand (26,000) pounds
3222+used on a highway exclusively in intrastate commerce to transport
3223+property that is propelled by alternative fuel that is not commonly
3224+or commercially known or sold as butane or propane.".
3225+Page 2, line 11, strike "(b)" and insert "(c)".
3226+Page 3, line 3, strike "either" and insert "one (1)".
3227+Page 3, line 12, delete "by the carrier's" and insert "by:
3228+(i) the carrier's average miles per gallon for all vehicles
3229+in the fleet that consume motor fuels described in
3230+EH 1050—LS 6503/DI 139 75
3231+subdivision (1);
3232+(ii) the carrier's average miles per gallon for the
3233+preceding quarter of Indiana based International Fuel
3234+Tax Agreement vehicles consuming motor fuels
3235+described in subdivision (1) if all vehicles in the fleet
3236+consume an alternative fuel that is not commonly or
3237+commercially known or sold as butane or propane; or
3238+(iii) the carrier's average miles per gallon published by
3239+the United States Department of Energy for a vehicle
3240+described in section 2(b) of this chapter that consumes an
3241+alternative fuel that is not commonly or commercially
3242+known or sold as butane or propane.
3243+The department shall publish on its website each quarter
3244+the average miles per gallon for the preceding quarter for
3245+a vehicle described in item (ii).".
3246+Page 3, delete lines 13 through 17.
3247+Page 3, line 18, beginning with "The tax" begin a new line blocked
3248+left.
3249+Page 3, line 19, after "quarter." insert "The department shall
3250+publish on its website each quarter the average miles per gallon for
3251+the preceding quarter for a vehicle described in subdivision
3252+(3)(C)(ii) and (3)(C)(iii).".
3253+Page 6, line 6, strike "(c)" and insert "(d)".
3254+Page 6, between lines 25 and 26, begin a new paragraph and insert:
3255+"(c) A carrier is required to report and to pay the tax imposed
3256+by this chapter only on alternative fuel if:
3257+(1) all or substantially all of the mileage of the carrier in a
3258+quarter is the result of operations in Indiana; and
3259+(2) the motor fuel used for operations during the quarter was
3260+purchased in Indiana, some of which was alternative fuel.".
3261+Page 6, line 26, delete "(c)" and insert "(d)".
3262+Page 6, line 26, after "subsection (b)" insert "or meets the
3263+requirements of subsection (c)".
3264+Page 6, line 30, strike "(d)" and insert "(e)".
3265+Page 6, line 32, strike "(e)" and insert "(f)".
3266+Page 6, line 34, strike "(f)" and insert "(g)".
3267+Page 8, between lines 11 and 12, begin a new paragraph and insert:
3268+"(i) A carrier that meets the requirements of section 10(c) of this
3269+chapter shall display an emblem on a vehicle that consumes
3270+alternative fuel.
3271+SECTION 8. IC 6-6-4.1-17, AS AMENDED BY P.L.185-2018,
3272+SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3273+EH 1050—LS 6503/DI 139 76
3274+JULY 1, 2023]: Sec. 17. If a carrier:
3275+(1) fails to file a quarterly report required by this chapter;
3276+(2) fails to pay the tax imposed under section 4 of this chapter or
3277+section 4.5 of this chapter (before its repeal);
3278+(3) files a report after the date established under this chapter;
3279+(4) with respect to a listed tax (as defined in IC 6-8.1-1-1), fails
3280+to file all tax returns or information reports or to pay all taxes,
3281+penalties, and interest;
3282+(5) fails to file a form or report required under this chapter or the
3283+International Fuel Tax Agreement in an electronic format
3284+prescribed by the department; or
3285+(6) fails to remit taxes under section 10(f) 10(g) of this chapter;
3286+the commissioner may suspend or revoke any annual permit, trip
3287+permit, temporary authorization, or repair and maintenance permit
3288+issued to the carrier. The commissioner may reinstate a permit or
3289+temporary authorization if a carrier files all required returns and reports
3290+and pays all outstanding liabilities.".
3291+Page 25, line 35, strike "and".
3292+Page 37, line 14, reset in roman "States".
3293+Page 49, line 23, after "(3)" delete "A person who trains and
3294+certifies rider coach trainers." and insert "The owner of a site upon
3295+which a motorcycle operator safety education course is
3296+conducted.".
3297+Page 49, delete lines 24 through 25.
3298+Page 49, line 26, delete "(6)" and insert "(4)".
3299+Page 49, line 27, delete "(5)" and insert "(3)".
3300+Renumber all SECTIONS consecutively.
3301+and when so amended that said bill do pass and be reassigned to the
3302+Senate Committee on Appropriations.
3303+(Reference is to HB 1050 as printed February 14, 2023.)
3304+CRIDER, Chairperson
3305+Committee Vote: Yeas 8, Nays 1.
3306+EH 1050—LS 6503/DI 139 77
3307+COMMITTEE REPORT
3308+Madam President: The Senate Committee on Appropriations, to
3309+which was referred House Bill No. 1050, has had the same under
3310+consideration and begs leave to report the same back to the Senate with
3311+the recommendation that said bill be AMENDED as follows:
3312+Page 2, line 1, delete "(2)(b)" and insert "2(b)".
3313+Page 2, line 2, delete "(2)(c)" and insert "2(c)".
3314+Page 3, line 2, delete "any".
3315+Page 4, delete lines 30 through 32.
3316+Page 17, line 10, delete "IC 6-6-1.6-2(b)." and insert "IC
3317+6-6-1.6-3.".
3318+Page 17, line 19, delete "IC 6-6-1.6-2(b)." and insert "IC
3319+6-6-1.6-3.".
3320+and when so amended that said bill do pass.
3321+(Reference is to EHB 1050 as printed March 17, 2023.)
3322+BASSLER
3323+Committee Vote: Yeas 9, Nays 0.
3324+_____
3325+SENATE MOTION
3326+Madam President: I move that Engrossed House Bill 1050 be
3327+amended to read as follows:
3328+Replace the effective date in SECTION 1 with "[EFFECTIVE
3329+JANUARY 1, 2024]".
3330+Replace the effective date in SECTION 4 with "[EFFECTIVE
3331+JANUARY 1, 2024]".
3332+Replace the effective date in SECTION 6 with "[EFFECTIVE
3333+JANUARY 1, 2024]".
3334+Page 1, between the enacting clause and line 1, begin a new
3335+paragraph and insert:
3336+"SECTION 1. IC 6-6-1.6-3, AS AMENDED BY P.L.159-2021,
3337+SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3338+JULY 1, 2023]: Sec. 3. (a) The department shall calculate an annual
3339+index factor to be used for the rate to take effect each July 1 beginning
3340+in 2018 through July 1, 2024. 2025. The department shall determine
3341+the index factor before June 1 of each year using the method described
3342+in subsection (b).
3343+EH 1050—LS 6503/DI 139 78
3344+(b) The annual gasoline tax index factor and special fuel index
3345+factor equals the following:
3346+STEP ONE: Divide the annual CPI-U for the year preceding the
3347+determination year by the annual CPI-U for the year immediately
3348+preceding that year.
3349+STEP TWO: Divide the annual IPI for the year preceding the
3350+determination year by the annual IPI for the year immediately
3351+preceding that year.
3352+STEP THREE: Add:
3353+(A) the STEP ONE result; and
3354+(B) the STEP TWO result.
3355+STEP FOUR: Divide the STEP THREE result by two (2).
3356+(c) If the CPI-U or IPI for a preceding year is revised, corrected, or
3357+updated after May 31 of that year, the department shall use the CPI-U
3358+or IPI as published for the preceding year prior to revision.".
3359+Page 1, delete lines 12 through 17.
3360+Delete page 2.
3361+Page 3, delete lines 1 through 33, begin a new paragraph and insert:
3362+"SECTION 3. IC 6-6-4.1-2, AS AMENDED BY P.L.198-2016,
3363+SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3364+JANUARY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b),
3365+this chapter applies to each:
3366+(1) road tractor;
3367+(2) tractor truck;
3368+(3) truck having more than two (2) axles;
3369+(4) truck having a gross weight or a declared gross weight greater
3370+than twenty-six thousand (26,000) pounds; and
3371+(5) vehicle used in combination if the gross weight or the declared
3372+gross weight of the combination is greater than twenty-six
3373+thousand (26,000) pounds; and
3374+(6) qualified motor vehicle that is subject to the tax reporting
3375+requirements of the International Fuel Tax Agreement;
3376+that is propelled by motor fuel.
3377+(b) This chapter does not apply to the following:
3378+(1) A vehicle operated by:
3379+(A) this state;
3380+(B) a political subdivision (as defined in IC 36-1-2-13);
3381+(C) the United States; or
3382+(D) an agency of states and the United States, or of two (2) or
3383+more states, in which this state participates.
3384+(2) Trucks, trailers, or semitrailers and tractors that are registered
3385+as farm trucks, farm trailers, or farm semitrailers and tractors
3386+EH 1050—LS 6503/DI 139 79
3387+under IC 9-18 (before its expiration), IC 9-18.1-7, or a similar law
3388+of another state.
3389+(3) A bus (as defined in IC 9-13-2-17).
3390+(4) A vehicle described in subsection (a)(1) through (a)(3) when
3391+the vehicle is displaying a dealer registration plate.
3392+(5) A recreational vehicle.
3393+(6) A pickup truck that:
3394+(A) is modified to include a third free rotating axle;
3395+(B) has a gross weight not greater than twenty-six thousand
3396+(26,000) pounds; and
3397+(C) is operated solely for personal use and not for commercial
3398+use.".
3399+Page 4, line 15, delete "IC 6-6-2.5 divided" and insert "IC 6-6-2.5,
3400+in the case of an alternative fuel not commonly known or sold as
3401+butane or propane, divided".
3402+Page 4, line 18, delete "(1);" and insert "(1), if the fleet has both
3403+vehicles that consume motor fuels described in subdivision (1) and
3404+vehicles that consume alternative fuels that are not commonly or
3405+commercially known or sold as butane or propane; or".
3406+Page 4, line 24, after "propane" delete "; or" and insert ".".
3407+Page 4, delete lines 25 through 29.
3408+Page 4, line 34, delete "and (3)(C)(iii)".
3409+Page 16, delete lines 24 through 42, begin a new paragraph and
3410+insert:
3411+"SECTION 21. IC 9-18.1-5-12, AS ADDED BY P.L.218-2017,
3412+SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3413+JULY 1, 2023]: Sec. 12. (a) The supplemental fee in this section
3414+applies after December 31, 2017, to each electric vehicle and hybrid
3415+vehicle that is required to be registered under IC 9-18.1. this article.
3416+The supplemental fee in this section does not apply to vehicles
3417+subject to the motor carrier fuel tax under IC 6-6-4.1.
3418+(b) As used in this section, "electric vehicle" means a vehicle that:
3419+(1) is propelled by an electric motor powered by a battery or other
3420+electrical device incorporated into the vehicle; and
3421+(2) is not propelled by an engine powered by the combustion of
3422+a hydrocarbon fuel, including gasoline, diesel, propane, or liquid
3423+natural gas.
3424+(c) As used in this section, "hybrid vehicle" means a vehicle that:
3425+(1) draws propulsion energy from both an internal combustion
3426+engine and an energy storage device; and
3427+(2) employs a regenerative braking system to recover waste
3428+energy to charge the energy storage device that is providing
3429+EH 1050—LS 6503/DI 139 80
3430+propulsion energy.
3431+(d) In addition to any other fee required to register an electric
3432+vehicle under this chapter, the supplemental fee to register an electric
3433+vehicle is one hundred fifty dollars ($150). through December 31,
3434+2022. Before October 1, 2022, and before each October 1 of every fifth
3435+year thereafter, The bureau shall determine a new fee amount to take
3436+effect as of January 1 of the following year by determining the product
3437+of:
3438+(1) Before October 1, 2023:
3439+(A) the fee in effect for the determination year; multiplied
3440+by
3441+(B) the factor determined under IC 6-6-1.6-2(b).
3442+(2) Before October 1 of each year thereafter:
3443+(A) the fee in effect for the determination year; multiplied
3444+by
3445+(B) the factor determined under IC 6-6-1.6-3.
3446+(1) the fee in effect for the determination year; multiplied by
3447+(2) the factor determined under IC 6-6-1.6-2.
3448+The fee shall be rounded to the nearest dollar.
3449+(e) In addition to any other fee required to register a hybrid vehicle
3450+under this chapter, the supplemental fee to register a hybrid vehicle is
3451+fifty dollars ($50). through December 31, 2022. Before October 1,
3452+2022, and before each October 1 of every fifth year thereafter, The
3453+bureau shall determine a new fee amount to take effect as of January 1
3454+of the following year by determining the product of:
3455+(1) Before October 1, 2023:
3456+(A) the fee in effect for the determination year; multiplied
3457+by
3458+(B) the factor determined under IC 6-6-1.6-2(b).
3459+(2) Before October 1 of each year thereafter:
3460+(A) the fee in effect for the determination year; multiplied
3461+by
3462+(B) the factor determined under IC 6-6-1.6-3.
3463+(1) the fee in effect for the determination year; multiplied by
3464+(2) the factor determined under IC 6-6-1.6-2.
3465+The fee shall be rounded to the nearest dollar.
3466+(f) The fee shall be deposited in the local road and bridge matching
3467+grant fund established by IC 8-23-30-2.".
3468+EH 1050—LS 6503/DI 139 81
3469+Page 17, delete lines 1 through 19.
3470+Renumber all SECTIONS consecutively.
3471+(Reference is to EHB 1050 as printed April 7, 2023.)
3472+CRIDER
3473+_____
3474+SENATE MOTION
3475+Madam President: I move that Engrossed House Bill 1050 be
3476+amended to read as follows:
3477+Page 17, between lines 19 and 20, begin a new paragraph and insert:
3478+"(g) The bureau shall submit a report annually to the Indiana
3479+utility regulatory commission that includes information regarding
3480+the number of electric vehicles registered by county.".
3481+(Reference is to EHB 1050 as printed April 7, 2023.)
3482+LEISING
3483+_____
3484+SENATE MOTION
3485+Madam President: I move that Engrossed House Bill 1050 be
3486+amended to read as follows:
3487+Page 29, between lines 12 and 13, begin a new paragraph and insert:
3488+"SECTION 36. IC 9-24-10-4.5 IS ADDED TO THE INDIANA
3489+CODE AS A NEW SECTION TO READ AS FOLLOWS
3490+[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A driver training
3491+school (as defined in IC 9-27-6-3) may offer to administer a driving
3492+skills test (as defined in 140 IAC 4-1.1-1) to an individual who holds
3493+a valid learner's permit.
3494+(b) This section expires June 30, 2030.".
3495+Renumber all SECTIONS consecutively.
3496+(Reference is to EHB 1050 as printed April 7, 2023.)
3497+ZAY
3498+EH 1050—LS 6503/DI 139 82
3499+SENATE MOTION
3500+Madam President: I move that Engrossed House Bill 1050 be
3501+amended to read as follows:
3502+Page 13, delete lines 2 through 42.
3503+Page 14, delete lines 36 through 41, begin a new paragraph and
3504+insert:
3505+"SECTION 17. IC 9-13-2-121.5 IS ADDED TO THE INDIANA
3506+CODE AS A NEW SECTION TO READ AS FOLLOWS
3507+[EFFECTIVE UPON PASSAGE]: Sec. 121.5. (a) "Parole" means
3508+temporary legal presence in the United States under 8 U.S.C.
3509+1182(d)(5) granted to an individual who:
3510+(1) is a citizen or national of Ukraine or last was a habitual
3511+resident of Ukraine; and
3512+(2) meets the criteria established under Section 401(a) of the
3513+Additional Ukraine Supplemental Appropriations Act (Public
3514+Law 117-128) as in effect on January 1, 2023.
3515+(b) The term is not a lawful status as defined in section 92.3 of
3516+this chapter.".
3517+Renumber all SECTIONS consecutively.
3518+(Reference is to EHB 1050 as printed April 7, 2023.)
3519+KOCH
3520+_____
3521+SENATE MOTION
3522+Madam President: I move that Engrossed House Bill 1050 be
3523+amended to read as follows:
3524+Page 20, between lines 5 and 6, begin a new paragraph and insert:
3525+"SECTION 24. IC 9-21-3-7, AS AMENDED BY P.L.149-2015,
3526+SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3527+JULY 1, 2023]: Sec. 7. (a) Whenever traffic is controlled by traffic
3528+control signals exhibiting different colored lights or colored lighted
3529+arrows successively, one (1) at a time or in combination, only the
3530+colors green, red, or yellow may be used, except for special pedestrian
3531+signals under IC 9-21-18.
3532+(b) The lights indicate and apply to drivers of vehicles and
3533+pedestrians as follows:
3534+(1) Green indication means the following:
3535+(A) Vehicular traffic facing a circular green signal may
3536+proceed straight through or turn right or left, unless a sign at
3537+EH 1050—LS 6503/DI 139 83
3538+the place prohibits either turn.
3539+(B) Vehicular traffic, including vehicles turning right or left,
3540+shall yield the right-of-way to other vehicles and to pedestrians
3541+lawfully within the intersection or an adjacent sidewalk at the
3542+time the signal is exhibited.
3543+(C) Vehicular traffic facing a green arrow signal, shown alone
3544+or in combination with another indication, may cautiously
3545+enter the intersection only to make the movement indicated by
3546+the green arrow or other movement permitted by other
3547+indications shown at the same time.
3548+(D) Vehicular traffic shall yield the right-of-way to pedestrians
3549+lawfully within an adjacent crosswalk and to other traffic
3550+lawfully using the intersection.
3551+(E) Unless otherwise directed by a pedestrian control signal,
3552+pedestrians facing a green signal, except when the sole green
3553+signal is a turn arrow, may proceed across the roadway within
3554+a marked or unmarked crosswalk.
3555+(2) Steady yellow indication means the following:
3556+(A) Vehicular traffic facing a steady circular yellow or yellow
3557+arrow signal is warned that the related green movement is
3558+being terminated and that a red indication will be exhibited
3559+immediately thereafter.
3560+(B) A pedestrian facing a steady circular yellow or yellow
3561+arrow signal, unless otherwise directed by a pedestrian control
3562+signal, is advised that there is insufficient time to cross the
3563+roadway before a red indication is shown, and a pedestrian
3564+may not start to cross the roadway at that time.
3565+(3) Steady red indication means the following:
3566+(A) Except as provided in clauses (B) and (D), vehicular
3567+traffic facing a steady circular red or red arrow signal shall
3568+stop at a clearly marked stop line. However, if there is no
3569+clearly marked stop line, vehicular traffic shall stop before
3570+entering the crosswalk on the near side of the intersection. If
3571+there is no crosswalk, vehicular traffic shall stop before
3572+entering the intersection and shall remain standing until an
3573+indication to proceed is shown.
3574+(B) Except when a sign is in place prohibiting a turn described
3575+in this subdivision, vehicular traffic facing a steady red signal,
3576+after coming to a complete stop, may cautiously enter the
3577+intersection to do the following:
3578+(i) Make a right turn.
3579+(ii) Make a left turn if turning from the left lane of a
3580+EH 1050—LS 6503/DI 139 84
3581+one-way street into another one-way street with the flow of
3582+traffic.
3583+Vehicular traffic making a turn described in this subdivision
3584+shall yield the right-of-way to pedestrians lawfully within an
3585+adjacent crosswalk and to other traffic using the intersection.
3586+(C) Unless otherwise directed by a pedestrian control signal
3587+pedestrians facing a steady circular red or red arrow signal
3588+may not enter the roadway.
3589+(D) This clause does not apply to the operation of an
3590+autocycle. If the operator of a motorcycle, motor driven cycle,
3591+or bicycle approaches an intersection that is controlled by a
3592+traffic control signal, the operator may proceed through the
3593+intersection on a steady red signal only if the operator:
3594+(i) comes to a complete stop at the intersection for at least
3595+one hundred twenty (120) seconds; and
3596+(ii) exercises due caution as provided by law, otherwise
3597+treats the traffic control signal as a stop sign, and determines
3598+that it is safe to proceed.
3599+(4) No indication or conflicting indications means the following:
3600+(A) Except as provided in clause (C), vehicular traffic facing
3601+an intersection having a signal that displays no indication or
3602+conflicting indications, where no other control is present, shall
3603+stop before entering the intersection.
3604+(B) After stopping, vehicular traffic may proceed with caution
3605+through the intersection and shall yield the right-of-way to
3606+traffic within the intersection or approaching so closely as to
3607+constitute an immediate hazard.
3608+(C) Vehicular traffic entering an intersection or crosswalk
3609+facing a pedestrian hybrid beacon may proceed without
3610+stopping if no indication is displayed on the pedestrian hybrid
3611+beacon.
3612+(5) This section applies to traffic control signals located at a place
3613+other than an intersection. A stop required under this subdivision
3614+must be made at the signal, except when the signal is
3615+supplemented by a sign or pavement marking indicating where
3616+the stop must be made.
3617+EH 1050—LS 6503/DI 139 85
3618+(c) A consolidated city may not adopt an ordinance requiring
3619+the installation of a sign prohibiting a turn described in subsection
3620+(b)(3)(B).".
3621+Renumber all SECTIONS consecutively.
3622+(Reference is to EHB 1050 as printed April 7, 2023.)
3623+FREEMAN
3624+_____
3625+SENATE MOTION
3626+Madam President: I move that Engrossed House Bill 1050 be
3627+amended to read as follows:
3628+Page 16, line 3, after "vehicles" insert ", including all vehicles in
3629+which a manufacturer accepts a return of a motor vehicle that is
3630+considered a buyback vehicle under IC 24-5-13.5,".
3631+Page 16, between lines 23 and 24, begin a new paragraph and insert:
3632+"SECTION 21. IC 9-17-3-3.5, AS AMENDED BY P.L.27-2018,
3633+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3634+JULY 1, 2023]: Sec. 3.5. (a) This section applies to a vehicle for which
3635+a certificate of title is required to be obtained under IC 24-5-13.5-12.
3636+(b) The bureau shall do the following:
3637+(1) For a subsequent request for a new certificate of title for a
3638+buyback vehicle, whether titled in Indiana or any other state,
3639+cause the words "Manufacturer Buyback ) Disclosure on File" to
3640+appear on the new certificate of title.
3641+(2) Maintain a listing of all reported buyback vehicles in
3642+accordance with this section, maintain a record of the disclosure
3643+document required by IC 24-5-13.5-10(3), IC 24-5-13.5-10(b)(3),
3644+and allow access to the listing and disclosure document upon
3645+written application.".
3646+Page 52, between lines 26 and 27, begin a new paragraph and insert:
3647+"SECTION 70. IC 24-5-13.5-5.5 IS ADDED TO THE INDIANA
24773648 CODE AS A NEW SECTION TO READ AS FOLLOWS
24783649 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. As used in this chapter,
24793650 "initial resale" means the first time a dealer sells a buyback vehicle
24803651 to a buyer after it has been repurchased by a manufacturer under
24813652 this chapter or IC 24-5-13.
2482-SECTION 76. IC 24-5-13.5-10 IS AMENDED TO READ AS
3653+SECTION 71. IC 24-5-13.5-10 IS AMENDED TO READ AS
24833654 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This section
24843655 applies to a buyback vehicle only at the time of the initial resale of
3656+EH 1050—LS 6503/DI 139 86
24853657 the buyback vehicle.
24863658 (b) A buyback motor vehicle may not be resold sold in Indiana
24873659 unless the following conditions have been met:
2488-HEA 1050 — CC 1 59
24893660 (1) The manufacturer provides the same express warranty the
2490-manufacturer provided to the original purchaser, except that the
2491-term of the warranty need only last for twelve thousand (12,000)
2492-miles or twelve (12) months after the date of resale.
3661+manufacturer provided to the original PURCHASER, except that
3662+the term of the warranty need only last for twelve thousand
3663+(12,000) miles or twelve (12) months after the date of resale.
24933664 (2) The following disclosure language must be conspicuously
24943665 contained in a contract for the sale initial resale or lease of a
24953666 buyback vehicle to a consumer or contained in a form affixed to
24963667 the contract:
24973668 "IMPORTANT
24983669 This vehicle was previously sold as new. It was subsequently
24993670 returned to the manufacturer or authorized dealer in exchange for
25003671 a replacement vehicle or a refund because it did not conform to
25013672 the manufacturer's express warranty and the nonconformity was
25023673 not cured within a reasonable time as provided by Indiana law.".
25033674 (3) The manufacturer provides the dealer a separate document
25043675 with a written statement identifying the vehicle conditions that
25053676 formed the basis for the previous owner's or lessee's
25063677 dissatisfaction and the steps taken to deal with that dissatisfaction
25073678 in 10-point all capital type.
2508-SECTION 77. IC 24-5-13.5-11 IS AMENDED TO READ AS
3679+SECTION 72. IC 24-5-13.5-11 IS AMENDED TO READ AS
25093680 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Before reselling the
25103681 initial resale of a buyback motor vehicle in Indiana, a dealer must
25113682 provide to the buyer the express warranty required by section 10(1)
25123683 10(b)(1) of this chapter and the written statement of disclosure required
25133684 by section 10(3) 10(b)(3) of this chapter and obtain the buyer's
25143685 acknowledgment of this disclosure at the time of sale the initial resale
25153686 or lease as evidenced by the buyer's signature on the statement of
25163687 disclosure.
2517-SECTION 78. IC 24-5-13.5-12, AS AMENDED BY P.L.27-2018,
3688+SECTION 73. IC 24-5-13.5-12, AS AMENDED BY P.L.27-2018,
25183689 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25193690 JULY 1, 2023]: Sec. 12. A manufacturer who accepts return of a motor
25203691 vehicle that is considered a buyback vehicle under this chapter shall do
25213692 the following:
25223693 (1) Before transferring ownership of the buyback vehicle, place
25233694 the notation "Manufacturer Buyback ) Disclosure on File" on the
25243695 original certificate of title.
25253696 (2) Not more than thirty-one (31) days after receipt of the
25263697 certificate of title, apply to the bureau for a certificate of title in
25273698 the name of the manufacturer and provide to the bureau a copy of
3699+EH 1050—LS 6503/DI 139 87
25283700 the disclosure document required by section 10(3) 10(b)(3) of this
25293701 chapter.
2530-SECTION 79. IC 24-5-13.5-13 IS AMENDED TO READ AS
2531-HEA 1050 — CC 1 60
3702+SECTION 74. IC 24-5-13.5-13 IS AMENDED TO READ AS
25323703 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) Except as
25333704 provided in IC 34-30-34-3, a person who fails to comply with section
25343705 10, 11, or 12 of this chapter is liable for the following:
25353706 (1) Actual damages or the value of the consideration, at the
25363707 election of the buyer.
25373708 (2) The costs of an action to recover damages and reasonable
25383709 attorney's fees.
25393710 (3) Not more than three (3) times the value of the actual damages
25403711 or the consideration as exemplary damages.
25413712 (4) Other equitable relief, including restitution, as is considered
25423713 proper in addition to damages and costs.
25433714 (b) Actual damages under this section include the following:
25443715 (1) The difference between the actual market value of the vehicle
25453716 at the time of purchase and the contract price of the vehicle.
25463717 (2) Towing, repair, and storage expenses.
25473718 (3) Rental of substitute transportation.
25483719 (4) Food and lodging expenses.
25493720 (5) Lost wages.
25503721 (6) Finance charges.
25513722 (7) Sales or use tax or other governmental fees.
25523723 (8) Lease charges.
25533724 (9) Other incidental and consequential damages.
25543725 (c) Lack of privity is not a bar to an action under this section.
25553726 (d) This subsection does not apply to consent orders or stipulated
25563727 judgments in which there is no admission of liability by the defendant.
25573728 A permanent injunction, final judgment, or final order of the court
25583729 obtained by the attorney general under section 14 of this chapter is
25593730 prima facie evidence in an action brought under this section that the
25603731 defendant has violated section 10, 11, or 12 of this chapter.
25613732 (e) An action to enforce liability under this section may be brought
2562-within two (2) years from the date of discovery by the buyer.
2563-SECTION 80. IC 34-30-2.1-107.1 IS ADDED TO THE INDIANA
2564-CODE AS A NEW SECTION TO READ AS FOLLOWS
2565-[EFFECTIVE JULY 1, 2023]: Sec. 107.1. IC 9-27-7-8 (Concerning
2566-acts or omissions that occur during a motorcycle operator safety
2567-education course).
2568-SECTION 81. IC 34-30-34 IS ADDED TO THE INDIANA CODE
3733+within two (2) years from the date of discovery by the buyer.".
3734+Page 52, between lines 31 and 32, begin a new a paragraph and
3735+insert:
3736+"SECTION 77. IC 34-30-34 IS ADDED TO THE INDIANA CODE
25693737 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
25703738 JULY 1, 2023]:
2571-Chapter 34. Immunity for a Buyback Vehicle
2572-Sec. 1. As used in this chapter, "buyback vehicle" has the
3739+Chapter 34. Immunity for a Buyback Vehicle.
3740+Sec. 1. As used in this chapter, "dealer" has the meaning set
3741+forth in IC 9-32-2-9.6.
3742+EH 1050—LS 6503/DI 139 88
3743+Sec. 2. As used in this chapter, "buyback vehicle" has the
25733744 meaning set forth in IC 24-5-13.5-3.
2574-HEA 1050 — CC 1 61
2575-Sec. 2. As used in this chapter, "dealer" has the meaning set
2576-forth in IC 9-32-2-9.6.
25773745 Sec. 3. (a) A dealer is immune from civil liability in an action
25783746 based on a violation of IC 24-5-13.5-10 if the dealer has a
25793747 reasonable good faith belief that the vehicle subject to the action
25803748 was not a buyback vehicle.
25813749 (b) Subsection (a) does not apply to an act of gross negligence or
2582-willful and wanton misconduct.
2583-SECTION 82. [EFFECTIVE JULY 1, 2023] (a) IC 9-18.1-5-12, as
2584-amended by this act, applies to registration years beginning after
2585-December 31, 2023.
2586-(b) This SECTION expires July 1, 2025.
2587-SECTION 83. An emergency is declared for this act.
2588-HEA 1050 — CC 1 Speaker of the House of Representatives
2589-President of the Senate
2590-President Pro Tempore
2591-Governor of the State of Indiana
2592-Date: Time:
2593-HEA 1050 — CC 1
3750+willful or wrongful misconduct.".
3751+Renumber all SECTIONS consecutively.
3752+(Reference is to EHB 1050 as printed April 7, 2023.)
3753+FREEMAN
3754+EH 1050—LS 6503/DI 139