Indiana House Bill HB1050 Latest Draft

                            First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1050
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-22-22-1, AS AMENDED BY P.L.286-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) This chapter applies only to personal
property owned by a governmental body.
(b) This chapter does not apply to dispositions of property described
in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17 or IC 36-7-17.1.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined in
IC 36-1-2-23) to an Indiana nonprofit corporation organized for
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educational, literary, scientific, religious, or charitable purposes
that is exempt from federal income taxation under Section 501 of
the Internal Revenue Code or the sale or reletting of that property
by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of curricular materials that will no longer be
used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
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Places, as determined by the division of historic preservation
and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a governmental body under IC 5-23.
(24) The sale, lease, or disposal of property under a fleet
management or equipment leasing agreement entered into
under IC 5-22-9.
SECTION 2. IC 6-6-2.5-1, AS AMENDED BY P.L.212-2014,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2024]: Sec. 1. As used in this chapter, "alternative fuel"
means a liquefied petroleum gas, not including a biodiesel fuel or
biodiesel blend, used in an internal combustion engine or motor to
propel any form of vehicle, machine, or mechanical contrivance. The
term includes all forms of fuel commonly or commercially known or
sold as butane, or propane, hydrogen, hythane, electricity, or any
other fuel used to propel a motor vehicle on a highway that is not
subject to the tax imposed under section 28 of this chapter or the
tax imposed under IC 6-6-1.1.
SECTION 3. IC 6-6-4.1-2, AS AMENDED BY P.L.198-2016,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b),
this chapter applies to each:
(1) road tractor;
(2) tractor truck;
(3) truck having more than two (2) axles;
(4) truck having a gross weight or a declared gross weight greater
than twenty-six thousand (26,000) pounds; and
(5) vehicle used in combination if the gross weight or the declared
gross weight of the combination is greater than twenty-six
thousand (26,000) pounds; and
(6) qualified motor vehicle that is subject to the tax reporting
requirements of the International Fuel Tax Agreement;
that is propelled by motor fuel.
(b) This chapter does not apply to the following:
(1) A vehicle operated by:
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(A) this state;
(B) a political subdivision (as defined in IC 36-1-2-13);
(C) the United States; or
(D) an agency of states and the United States, or of two (2) or
more states, in which this state participates.
(2) Trucks, trailers, or semitrailers and tractors that are registered
as farm trucks, farm trailers, or farm semitrailers and tractors
under IC 9-18 (before its expiration), IC 9-18.1-7, or a similar law
of another state.
(3) A bus (as defined in IC 9-13-2-17).
(4) A vehicle described in subsection (a)(1) through (a)(3) when
the vehicle is displaying a dealer registration plate.
(5) A recreational vehicle.
(6) A pickup truck that:
(A) is modified to include a third free rotating axle;
(B) has a gross weight not greater than twenty-six thousand
(26,000) pounds; and
(C) is operated solely for personal use and not for commercial
use.
SECTION 4. IC 6-6-4.1-4, AS AMENDED BY P.L.234-2019,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2024]: Sec. 4. (a) A tax is imposed on the consumption
of motor fuel by a carrier in its operations on highways in Indiana. The
rate of this tax is determined as follows:
(1) When imposed upon the consumption of special fuel (other
than an alternative fuel or a natural gas product), the tax rate is
the same rate per gallon as the rate per gallon at which special
fuel is taxed under IC 6-6-2.5.
(2) When imposed upon the consumption of gasoline, the tax rate
is the same rate per gallon as the rate per gallon at which gasoline
is taxed under IC 6-6-1.1.
(3) When imposed upon the consumption of a natural gas product
or an alternative fuel, the tax rate is either one (1) of the
following:
(A) The same rate per diesel gallon equivalent as the rate per
gallon at which special fuel is taxed under IC 6-6-2.5, in the
case of liquid natural gas.
(B) The same rate per gasoline gallon equivalent at which
special fuel is taxed under IC 6-6-2.5, in the case of
compressed natural gas or an alternative fuel commonly or
commercially known or sold as butane or propane.
(C) The same rate per gallon equivalent at which special
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fuel is taxed under IC 6-6-2.5, in the case of an alternative
fuel not commonly known or sold as butane or propane,
divided by:
(i) the carrier's average miles per gallon for all vehicles
in the fleet that consume motor fuels described in
subdivision (1), if the fleet has both vehicles that
consume motor fuels described in subdivision (1) and
vehicles that consume alternative fuels that are not
commonly or commercially known or sold as butane or
propane; or
(ii) the carrier's average miles per gallon for the
preceding quarter of Indiana based International Fuel
Tax Agreement vehicles consuming motor fuels
described in subdivision (1), if all vehicles in the fleet
consume an alternative fuel that is not commonly or
commercially known or sold as butane or propane.
The tax shall be paid quarterly by the carrier to the department on or
before the last day of the month immediately following the quarter. The
department shall publish on its website each quarter the average
miles per gallon for the preceding quarter for a vehicle described
in subdivision (3)(C)(ii).
(b) Except for an alternative fuel that is not commonly or
commercially known or sold as butane or propane, the amount of
motor fuel consumed by a carrier in its operations on highways in
Indiana is the total amount of motor fuel consumed in its entire
operations within and without Indiana, multiplied by a fraction. The
numerator of the fraction is the total number of miles traveled on
highways in Indiana, and the denominator of the fraction is the total
number of miles traveled within and without Indiana.
(c) The amount of tax that a carrier shall pay for a particular quarter
under this section equals the product of the tax rate in effect for that
quarter, multiplied by:
(1) except as provided in subdivision (2), the amount of motor
fuel consumed by the carrier in its operation on highways in
Indiana and upon which the carrier has not paid tax imposed
under IC 6-6-1.1, IC 6-6-2.5, or section 4.5 of this chapter (before
its repeal); or
(2) the miles traveled on highways in Indiana for an
alternative fuel that is not commonly or commercially known
or sold as butane or propane.
(d) Subject to section 4.8 of this chapter, a carrier is entitled to a
proportional use credit against the tax imposed under this section for
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that portion of motor fuel used to propel equipment mounted on a
motor vehicle having a common reservoir for locomotion on the
highway and the operation of the equipment, as determined by rule of
the commissioner. An application for a proportional use credit under
this subsection shall be filed on a quarterly basis on a form prescribed
by the department.
SECTION 5. IC 6-6-4.1-4.8, AS AMENDED BY P.L.185-2018,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4.8. (a) This section applies only to a claim for a
proportional use credit under section 4(d) of this chapter or section
4.5(e) of this chapter (before its repeal) for taxes first due and payable
after July 31, 1999.
(b) In order to obtain a proportional use credit against taxes imposed
under section 4 of this chapter or section 4.5 of this chapter (before its
repeal) a carrier must file a claim with the department. The claim must
be submitted on a form prescribed by the department and must be filed
with the quarterly return for the taxable period for which the
proportional use credit is claimed. A carrier is not entitled to a
proportional use credit under section 4(d) of this chapter or section
4.5(e) of this chapter (before its repeal) unless the carrier:
(1) has paid in full the taxes to which the credit applies, except
for an alternative fuel; and
(2) has filed a claim for the credit on or before the due date of the
corresponding quarterly return for the taxable period for which
the proportional use credit is claimed.
A credit approved under this section shall, subject to this section, be
refunded to the carrier without interest.
(c) The department shall determine the aggregate amount of
proportional use credits claimed under section 4(d) of this chapter or
section 4.5(e) of this chapter (before its repeal) for each quarter. The
department may approve the full amount of a proportional use credit
claimed by a carrier if the aggregate amount of proportional use credits
claimed for the quarter and for the fiscal year do not exceed the limits
set forth in subsection (d). If the aggregate amount of proportional use
credits claimed in a quarter exceeds the limits set forth in subsection
(d), the department shall pay the claims for that quarter on a pro rata
basis.
(d) The department may not approve more than three million five
hundred thousand dollars ($3,500,000) of proportional use credits
under this section in a state fiscal year. In addition, the amount of
proportional use credits the department may approve under this section
for a quarter may not exceed the following:
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(1) For the quarter ending September 30 of a year, an amount
equal to one million three hundred seventy-five thousand dollars
($1,375,000).
(2) For the quarter ending December 31 of a year, an amount
equal to:
(A) six hundred twenty-five thousand dollars ($625,000); plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the
previous quarter.
(3) For the quarter ending March 31 of a year, an amount equal
to:
(A) six hundred twenty-five thousand dollars ($625,000); plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the
previous quarter.
(4) For the quarter ending June 30 of a year, an amount equal to:
(A) eight hundred seventy-five thousand dollars ($875,000);
plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the
previous quarter.
(e) A carrier that is exempt from the quarterly reporting
requirements under section 10 of this chapter must continue to file
a quarterly return under this section to obtain a proportional use
credit.
SECTION 6. IC 6-6-4.1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) Except as
provided in subsection (b), if there are no records showing the number
of miles actually operated per gallon of motor fuel and if section 11(c)
of this chapter is inapplicable, it is presumed for purposes of this
chapter that one (1) gallon of motor fuel is consumed for every four (4)
miles traveled.
(b) This section does not apply to an alternative fuel that is not
commonly or commercially known or sold as butane or propane.
SECTION 7. IC 6-6-4.1-10, AS AMENDED BY P.L.45-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 10. (a) Except as provided in section 13 of this
chapter, each carrier subject to the tax imposed under this chapter shall
submit to the department such quarterly reports of the operations of
commercial motor vehicles giving rise to the carrier's tax liability as the
department may require. The carrier shall submit each quarterly report
required under this subsection on or before the last day of the month
immediately following that quarter.
(b) Subject to the restrictions of this subsection and subsection (c),
(d) and section 4.8 of this chapter, the department may, by rules
adopted under IC 4-22-2, exempt any a carrier is exempt from the
quarterly reporting requirements of this section The department may
exempt only a carrier who submits an annual affidavit attesting that: if
(1) all or substantially all of:
(1) the mileage of the carrier in the previous calendar year was the
result of operations in Indiana; and
(2) all or substantially all of the motor fuel used in the operations
of the carrier in the previous calendar year was purchased in
Indiana or and the carrier paid the tax imposed under
IC 6-6-1.1 or IC 6-6-2.5.
(3) the carrier is from a state that has a reciprocity agreement with
the state of Indiana relating to motor fuel taxes.
(c) The department may exempt carriers under subsection (b) only
if:
(1) granting exemptions will not adversely affect the enforcement
of this chapter; and
(2) the carriers that apply for exemptions purchased an equitable
amount of motor fuel in Indiana.
(c) A carrier is required to report and to pay the tax imposed by
this chapter only on alternative fuel if:
(1) all or substantially all of the mileage of the carrier in a
quarter is the result of operations in Indiana; and
(2) the motor fuel used for operations during the quarter was
purchased in Indiana, some of which was alternative fuel.
(d) A carrier that is exempt under subsection (b) or meets the
requirements of subsection (c) is subject to section 20 of this
chapter and is required to keep books and records as required by
IC 6-8.1-5 regarding the tax imposed under section 4 of this
chapter.
(d) (e) Each carrier shall submit to the department any other reports
required by the department.
(e) (f) All reports required to be filed under this chapter must be
filed in an electronic format prescribed by the department.
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(f) (g) All taxes required to be remitted under this chapter must be
remitted in an electronic format prescribed by the department.
SECTION 8. IC 6-6-4.1-12, AS AMENDED BY P.L.182-2009(ss),
SECTION 235, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 12. (a) Except as provided in
subsection (h) and as authorized under section 13 of this chapter, a
carrier may operate a commercial motor vehicle upon the highways in
Indiana only if the carrier has been issued an annual permit, cab card,
and emblem under this section.
(b) Except as provided in subsection (h), the department shall
issue:
(1) an annual permit; and
(2) a cab card and an emblem for each commercial motor vehicle
that will be operated by the carrier upon the highways in Indiana;
to a carrier who applies for an annual permit and pays to the
department an annual permit fee of twenty-five dollars ($25) not later
than September 1 of the year before the annual permit is effective
under subsection (c).
(c) Except as provided in subsection (h), the annual permit, cab
card, and emblem are effective from January 1 of each year through
December 31 of the same year. The department may extend the
expiration date of the annual permit, cab card, and emblem for no more
than sixty (60) days. The annual permit, each cab card, and each
emblem issued to a carrier remain the property of this state and may be
suspended or revoked by the department for any violation of this
chapter or of the rules concerning this chapter adopted by the
department under IC 4-22-2.
(d) Except as provided in subsection (h), as evidence of
compliance with this section, and for the purpose of enforcement, a
carrier shall display on each commercial motor vehicle an emblem
when the vehicle is being operated by the carrier in Indiana. The carrier
shall affix the emblem to the vehicle in the location designated by the
department. The carrier shall display in each vehicle the cab card
issued by the department. The carrier shall retain the original annual
permit at the address shown on the annual permit. During the month of
December, the carrier shall display the cab card and emblem that are
valid through December 31 or a full year cab card and emblem issued
to the carrier for the ensuing twelve (12) months. If the department
grants an extension of the expiration date, the carrier shall continue to
display the cab card and emblem upon which the extension was
granted.
(e) If a commercial motor vehicle is operated by more than one (1)
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carrier, as evidence of compliance with this section and for purposes
of enforcement each carrier shall display in the commercial motor
vehicle a reproduced copy of the carrier's annual permit when the
vehicle is being operated by the carrier in Indiana.
(f) A person who fails to display an emblem required by this section
on a commercial motor vehicle, does not have proof in the vehicle that
the annual permit has been obtained, and operates that vehicle on an
Indiana highway commits a Class C infraction. Each day of operation
without an emblem constitutes a separate infraction. Notwithstanding
IC 34-28-5-4, a judgment of not less than one hundred dollars ($100)
shall be entered for each Class C infraction under this subsection.
(g) A person who displays an altered, false, or fictitious cab card
required by this section in a commercial motor vehicle, does not have
proof in the vehicle that the annual permit has been obtained, and
operates that vehicle on an Indiana highway commits a Class C
infraction. Each day of operation with an altered, false, or fictitious cab
card constitutes a separate infraction.
(h) A carrier is exempt from the requirements under subsections
(a) through (d) if the carrier is exempt from the quarterly
reporting requirement under section 10(b) of this chapter.
(i) A carrier that meets the requirements of section 10(c) of this
chapter shall display an emblem on a vehicle that consumes
alternative fuel.
SECTION 9. IC 6-6-4.1-17, AS AMENDED BY P.L.185-2018,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 17. If a carrier:
(1) fails to file a quarterly report required by this chapter;
(2) fails to pay the tax imposed under section 4 of this chapter or
section 4.5 of this chapter (before its repeal);
(3) files a report after the date established under this chapter;
(4) with respect to a listed tax (as defined in IC 6-8.1-1-1), fails
to file all tax returns or information reports or to pay all taxes,
penalties, and interest;
(5) fails to file a form or report required under this chapter or the
International Fuel Tax Agreement in an electronic format
prescribed by the department; or
(6) fails to remit taxes under section 10(f) 10(g) of this chapter;
the commissioner may suspend or revoke any annual permit, trip
permit, temporary authorization, or repair and maintenance permit
issued to the carrier. The commissioner may reinstate a permit or
temporary authorization if a carrier files all required returns and reports
and pays all outstanding liabilities.
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SECTION 10. IC 7.1-3-23-20.5, AS AMENDED BY P.L.85-2017,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20.5. (a) As used in this section, "adult
entertainment" means adult oriented entertainment in which performers
disrobe or perform in an unclothed state for entertainment.
(b) This section applies to the holder of a retailer's permit that
provides adult entertainment on the licensed premises.
(c) The holder of a retailer's permit that provides adult entertainment
on the licensed premises shall do the following:
(1) Require a performer who provides adult entertainment on the
licensed premises to provide proof of age by at least one (1) form
of government issued identification, including a:
(A) state issued driver's license;
(B) state issued identification card; or
(C) passport;
showing the performer to be at least eighteen (18) years of age.
(2) Require a performer who provides adult entertainment on the
licensed premises to provide proof of legal residency in the
United States by means of:
(A) a birth certificate;
(B) a Social Security card;
(C) a passport;
(D) valid documentary evidence described in of lawful status
under IC 9-24-9-2.5; or
(E) other valid documentary evidence issued by the United
States demonstrating that the performer is entitled to reside in
the United States.
(3) Take a photograph of each adult entertainer who auditions to
provide adult entertainment at the licensed premises at the time
of the audition and retain the photograph for at least three (3)
years after:
(A) the date of the audition; or
(B) the last day on which the performer provides adult
entertainment at the licensed premises;
whichever is later. A photograph taken under this subdivision
may show only the adult entertainer's facial features.
(4) Require all performers and other employees of the retail
permit holder to sign a document approved by the commission to
acknowledge their awareness of the problem of human trafficking.
(5) Display human trafficking awareness posters in at least two
(2) of the following locations on the licensed premises:
(A) The office of the manager of the licensed premises.
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(B) The locker room used by performers or other employees.
(C) The break room used by performers or other employees.
Posters displayed under this subdivision must describe human
trafficking, state indicators of human trafficking (such as
restricted freedom of movement and signs of physical abuse), set
forth hotline telephone numbers for law enforcement, and be
approved by the commission.
(6) Cooperate with any law enforcement investigation concerning
allegations of a violation of this section.
(d) The commission may revoke, suspend, or refuse to renew the
permit issued for the licensed premises if the holder fails to comply
with subsection (c).
(e) In determining whether to revoke, suspend, or refuse to renew
the permit issued for a licensed premises under subsection (d), the
commission may consider:
(1) the extent to which the permit holder has cooperated with any
law enforcement investigation as required by subsection (c)(6);
and
(2) whether the permit holder has provided training to performers
who provide adult entertainment at the permit holder's licensed
premises and other employees of the licensed premises through a
program that:
(A) is designed to increase the awareness of human trafficking
and assist victims of human trafficking; and
(B) has been approved by:
(i) a department of the United States government; or
(ii) a nationwide association made up of operators who run
adult entertainment establishments.
SECTION 11. IC 9-13-2-39.7 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 39.7. "Credential" means the following:
(1) The following forms of documentation in physical form issued
by the bureau under IC 9-24:
(A) A driver's license.
(B) A learner's permit.
(C) An identification card.
(D) A photo exempt identification card.
(2) The following forms of documentation in the form of a mobile
credential issued by the bureau under IC 9-24:
(A) Except for a commercial driver's license issued under
IC 9-24-6.1, a driver's license.
(B) Except for a commercial learner's permit issued under
IC 9-24-6.1, a learner's permit.
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(C) An identification card.
(3) For the purposes of IC 9-24-17.7, any form of documentation
in physical form or digital form accessible on a mobile device
issued by the bureau under IC 9-24.
SECTION 12. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 48. (a) "Driver's license" means the following:
(1) Any type of license issued by the state in physical the form of
a physical credential authorizing an individual to operate the
type of vehicle for which the license was issued, in the manner for
which the license was issued, on a highway. The term includes
any endorsements added to the license under IC 9-24-8.5.
(2) Except for a commercial driver's license issued under
IC 9-24-6.1, any type of license issued by the state in the form of
a mobile credential authorizing an individual to operate the type
of vehicle for which the license was issued, in the manner for
which the license was issued, on a highway. The term includes
any endorsements added to the license under IC 9-24-8.5.
(b) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 13. IC 9-13-2-74.5, AS AMENDED BY P.L.120-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 74.5. (a) "Identification card" means an
identification document issued by a state government either in physical
the form of a physical credential or in the form of a mobile credential
for purposes of identification.
(b) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 34 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 14. IC 9-13-2-78, AS AMENDED BY P.L.198-2016,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 78. "Indiana resident" refers to
a person that is one (1) of the following:
(1) An individual who lives in Indiana for at least one hundred
eighty-three (183) days during a calendar year and who has a
legal residence in another state. However, the term does not
include an individual who lives in Indiana for any of the following
purposes:
(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United
States.
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(C) Temporary employment.
(D) Other purposes, without the intent of making Indiana a
permanent home.
(2) An individual who is living in Indiana if the individual has no
other legal residence.
(3) An individual who is registered to vote in Indiana or who
satisfies the standards for determining residency in Indiana under
IC 3-5-5.
(4) An individual who has a dependent enrolled in an elementary
or a secondary school located in Indiana.
(5) A person that maintains a:
(A) main office;
(B) branch office;
(C) warehouse; or
(D) business facility;
in Indiana.
(6) A person that bases and operates vehicles in Indiana.
(7) A person that operates vehicles in intrastate haulage in
Indiana.
(8) A person who is living in Indiana and has been granted
parole.
(8) (9) A person that has more than one-half (1/2) of the person's
gross income (as defined in Section 61 of the Internal Revenue
Code) derived from sources in Indiana using the provisions
applicable to determining the source of adjusted gross income that
are set forth in IC 6-3-2-2. However, a person that is considered
a resident under this subdivision is not a resident if the person
proves by a preponderance of the evidence that the person is not
a resident under subdivisions (1) through (7). (8).
SECTION 15. IC 9-13-2-92.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 92.3. (a) "Lawful status"
means that an individual has lawful status as:
(1) a citizen or national of the United States; or
(2) an alien who:
(A) is lawfully admitted for permanent residence or
temporary residence;
(B) has conditional permanent resident status;
(C) has a pending or approved application for asylum;
(D) has refugee status;
(E) has valid nonimmigrant status;
(F) has a pending or approved application for temporary
HEA 1050 — CC 1 15
protected status;
(G) has approved deferred action status; or
(H) has a pending application for lawful permanent
resident status or conditional permanent resident status;
in the United States.
(b) The term does not include parole.
SECTION 16. IC 9-13-2-103.4, AS AMENDED BY P.L.120-2020,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 103.4. (a) "Mobile credential" means a digital
representation data issued to a telecommunications device by the
bureau under IC 9-24-17.5 of the information contained on the
following:
(1) A driver's license.
(2) A learner's permit.
(3) An identification card.
The term does not include a commercial driver's license or commercial
learner's permit issued under IC 9-24-6.1, a motorcycle learner's
permit issued under IC 9-24-8-3, a photo exempt driver's license
issued under IC 9-24-11-5(b), or a photo exempt identification card
issued under IC 9-24-16.5.
(b) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 36 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 17. IC 9-13-2-121.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 121.5. "Parole" means
temporary legal presence in the United States under 8 U.S.C.
1182(d)(5) granted to an individual who:
(1) is a citizen or national of Ukraine or last was a habitual
resident of Ukraine; and
(2) meets the criteria established under Section 401(a) of the
Additional Ukraine Supplemental Appropriations Act (Public
Law 117-128) as in effect on January 1, 2023.
SECTION 18. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 123.5. (a) "Permit" means the following:
(1) A permit issued by the state in physical the form of a physical
credential authorizing an individual to operate the type of vehicle
for which the permit was issued on public streets, roads, or
highways with certain restrictions. The term under this
subdivision includes the following:
(A) A learner's permit.
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(B) A motorcycle learner's permit.
(C) A commercial learner's permit.
(2) A permit issued by the state in the form of a mobile credential
authorizing an individual to operate the type of vehicle for which
the permit was issued on public streets, roads, or highways with
certain restrictions. The term under this subdivision includes a
learner's permit. and a motorcycle permit. The term under this
subdivision does not include a motorcycle learner's permit or
a commercial learner's permit.
(b) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 19. IC 9-13-2-125.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 125.6. "Physical credential"
means the following forms of documentation issued by the bureau
under IC 9-24 in physical form:
(1) A driver's license.
(2) A learner's permit.
(3) A motorcycle learner's permit.
(4) An identification card.
(5) A photo exempt identification card.
(6) A commercial driver's license or commercial learner's
permit.
SECTION 20. IC 9-14-8-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: The bureau of motor vehicles shall adopt rules
under IC 4-22-2, including emergency rules in the manner
provided under IC 4-22-2-37.1, necessary to implement the
issuance and administration of the following:
(1) Driver's licenses, permits, or identification cards for
individuals granted parole.
(2) Registrations and certificates of title for motor vehicles of
individuals granted parole.
SECTION 21. IC 9-14-12-2, AS AMENDED BY P.L.164-2020,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. The bureau shall maintain the following
records:
(1) All records related to or concerning certificates of title issued
by the bureau under IC 9-17 and IC 9-31 (before its repeal),
including the following:
(A) An original certificate of title and all assignments and
HEA 1050 — CC 1 17
reissues of the certificate of title.
(B) All documents submitted in support of an application for
a certificate of title.
(C) Any notations recorded on a certificate of title.
(D) A listing of all reported buyback vehicles, including all
vehicles in which a manufacturer accepts a return of a
motor vehicle that is considered a buyback vehicle under
IC 24-5-13.5, in accordance with IC 9-17-3-3.5.
(E) Any inspection that is conducted:
(i) by an employee of the bureau or commission; and
(ii) with respect to a certificate of title issued by the bureau.
(2) All records related to or concerning registrations issued under
IC 9-18 (before its expiration), IC 9-18.1, or IC 9-31 (before its
repeal), including the following:
(A) The distinctive registration number assigned to each
vehicle registered under IC 9-18 (before its expiration) or
IC 9-18.1 or each watercraft registered under IC 9-31 (before
its repeal).
(B) All documents submitted in support of applications for
registration.
(3) All records related to or concerning physical credentials or
mobile credentials issued by the bureau under IC 9-24, including
applications and information submitted by applicants.
(4) All driving records maintained by the bureau under section 3
of this chapter.
(5) A record of each individual that acknowledges making an
anatomical gift as set forth in IC 9-24-17.
SECTION 22. IC 9-17-3-3.5, AS AMENDED BY P.L.27-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.5. (a) This section applies to a vehicle for which
a certificate of title is required to be obtained under IC 24-5-13.5-12.
(b) The bureau shall do the following:
(1) For a subsequent request for a new certificate of title for a
buyback vehicle, whether titled in Indiana or any other state,
cause the words "Manufacturer Buyback ) Disclosure on File" to
appear on the new certificate of title.
(2) Maintain a listing of all reported buyback vehicles in
accordance with this section, maintain a record of the disclosure
document required by IC 24-5-13.5-10(3), IC 24-5-13.5-10(b)(3),
and allow access to the listing and disclosure document upon
written application.
SECTION 23. IC 9-18.1-5-12, AS ADDED BY P.L.218-2017,
HEA 1050 — CC 1 18
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. (a) The supplemental fee in this section
applies after December 31, 2017, to each electric vehicle and hybrid
vehicle that is required to be registered under IC 9-18.1. this article.
The supplemental fee in this section does not apply to vehicles
subject to the motor carrier fuel tax under IC 6-6-4.1.
(b) As used in this section, "electric vehicle" means a vehicle that:
(1) is propelled by an electric motor powered by a battery or other
electrical device incorporated into the vehicle; and
(2) is not propelled by an engine powered by the combustion of
a hydrocarbon fuel, including gasoline, diesel, propane, or liquid
natural gas.
(c) As used in this section, "hybrid vehicle" means a vehicle that:
(1) draws propulsion energy from both an internal combustion
engine and an energy storage device; and
(2) employs a regenerative braking system to recover waste
energy to charge the energy storage device that is providing
propulsion energy.
(d) In addition to any other fee required to register an electric
vehicle under this chapter, the supplemental fee to register an electric
vehicle is one hundred fifty dollars ($150). through December 31,
2022. Before October 1, 2022, and before each October 1 of every fifth
year thereafter, The bureau shall determine a new fee amount to take
effect as of January 1 of the following year by determining the product
of the following:
(1) Before October 1, 2023:
(A) the fee in effect for the determination year; multiplied
by
(B) the factor determined under IC 6-6-1.6-2(b).
(2) Before October 1 of each year thereafter:
(A) the fee in effect for the determination year; multiplied
by
(B) the factor determined under IC 6-6-1.6-3.
(1) the fee in effect for the determination year; multiplied by
(2) the factor determined under IC 6-6-1.6-2.
The fee shall be rounded to the nearest dollar.
(e) In addition to any other fee required to register a hybrid vehicle
under this chapter, the supplemental fee to register a hybrid vehicle is
fifty dollars ($50). through December 31, 2022. Before October 1,
2022, and before each October 1 of every fifth year thereafter, The
bureau shall determine a new fee amount to take effect as of January 1
of the following year by determining the product of the following:
HEA 1050 — CC 1 19
(1) Before October 1, 2023:
(A) the fee in effect for the determination year; multiplied
by
(B) the factor determined under IC 6-6-1.6-2(b).
(2) Before October 1 of each year thereafter:
(A) the fee in effect for the determination year; multiplied
by
(B) the factor determined under IC 6-6-1.6-3.
(1) the fee in effect for the determination year; multiplied by
(2) the factor determined under IC 6-6-1.6-2.
The fee shall be rounded to the nearest dollar.
(f) The fee shall be deposited in the local road and bridge matching
grant fund established by IC 8-23-30-2.
SECTION 24. IC 9-18.5-12-5, AS AMENDED BY P.L.111-2021,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Beginning July 1, 2023, and each year
thereafter, the bureau shall forward to the executive director of the
legislative services agency in an electronic format under IC 5-14-6 for
review by the committee the name of a special group for whom:
(1) that was awarded initially a special group recognition license
plate by the bureau more than ten (10) years in the past; and ten
(10) years have elapsed since the special group was admitted
into the special group recognition license plate program; or
(2) whose special group recognition license plate has not been
reviewed by the special group recognition license plate committee
established by IC 2-5-36.2-4 (repealed) or the committee during
the ten (10) year period following the initial or subsequent award
of the special group recognition license plate. ten (10) years have
elapsed since the previous review of the special group by the
special group recognition license plate committee established
by IC 2-5-36.2-4 (repealed) or the committee as required
under this section.
Upon receipt of the name of a special group, except for a petition under
section 3(a)(8) of this chapter, the committee shall require the special
group to submit to the committee evidence of the criteria set forth in
section 3 of this chapter. Upon submission of the criteria, the
committee shall review the suitability of the special group to continue
participating in the special group recognition license plate program. In
the review, the committee shall consider the criteria set forth in section
3 of this chapter and may seek additional evidence of the criteria from
a special group. The committee shall recommend to the bureau that
participation in the special group recognition license plate program be
HEA 1050 — CC 1 20
terminated if the committee finds that termination is appropriate
because the special group is not suitable for inclusion in the special
group license plate program.
(b) If a special group was subject to a decennial review under
this section before July 1, 2023, then the next review occurs in the
year which is a multiple of ten (10) years after the year of the
special group's admittance to the special group recognition license
plate program under this section.
(b) (c) Upon receiving a recommendation of termination for a
special group under subsection (a), the bureau may:
(1) terminate the special group from participation in the special
group recognition license plate program; or
(2) allow the special group to continue participating in the special
group recognition license plate program for a period of not more
than eighteen (18) months.
(c) (d) If the bureau terminates the participation of a special group
under subsection (b)(1): (c)(1):
(1) the bureau may not issue additional special group recognition
license plates of the special group to plateholders; and
(2) a plateholder may not renew a special group recognition
license plate of the special group.
If the special group desires to continue participating in the special
group recognition license plate program, the special group must submit
an application to the bureau containing the criteria set forth in section
3 of this chapter. The bureau shall then follow the procedure set forth
in section 3 of this chapter.
(d) (e) If the bureau allows a special group to continue participating
in the special group recognition license plate program for a period
under subsection (b)(2), (c)(2), the bureau shall:
(1) establish the duration of the set period under subsection
(b)(2); (c)(2); and
(2) require the special group to submit to the bureau:
(A) evidence of the criteria set forth in section 3 of this
chapter; and
(B) any additional information the bureau determines is
necessary.
(e) (f) The bureau shall:
(1) review the evidence and additional information submitted by
a special group under subsection (d)(2); (e)(2); and
(2) determine whether to terminate or continue the participation
of the special group in the special group recognition license plate
program.
HEA 1050 — CC 1 21
(f) (g) After the review under subsection (e), (f), if the bureau
terminates the participation of the special group and the special group
desires to continue participating, the special group must submit an
application to the bureau containing the criteria set forth in section 3 of
this chapter. The bureau shall then follow the procedure set forth in
section 3 of this chapter.
(g) (h) After the review under subsection (e), (f), if the bureau
continues the participation of the special group in the special group
recognition license plate program, the bureau may do one (1) or more
of the following:
(1) Allow the special group to remedy the defect or the violation
that caused the special group to not be suitable for inclusion in the
special group recognition license plate program.
(2) Place restrictions on or temporarily suspend the sales of
special group recognition license plates for the special group.
(3) Require the special group to appear before the commission for
review or reinstatement, or both.
(h) (i) The bureau may suspend the issuance of a special group
recognition license plate for a special group if the bureau, upon
investigation, has determined that the special group has advocated or
committed a violation of federal or state law.
SECTION 25. IC 9-18.5-29-3, AS AMENDED BY P.L.118-2022,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) An individual who registers a vehicle under
this title may apply for and receive a Hoosier veteran license plate for
one (1) or more vehicles upon doing the following:
(1) Completing an application for a Hoosier veteran license plate.
(2) Presenting one (1) of the following to the bureau:
(A) A United States Uniformed Services Retiree Identification
Card.
(B) A DD 214 or DD 215 record.
(C) United States military discharge papers.
(D) A current armed forces identification card.
(E) A physical credential or mobile credential issued to the
individual that contains an indication of veteran status under
IC 9-24-11-5.5.
(3) Paying a fee in an amount of fifteen dollars ($15).
(b) The bureau shall distribute at least one (1) time each month the
fee described in subsection (a)(3) to the director of veterans' affairs for
deposit in the military family relief fund established under
IC 10-17-12-8.
SECTION 26. IC 9-21-3-7, AS AMENDED BY HEA 1049-2023,
HEA 1050 — CC 1 22
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Whenever traffic is controlled by traffic
control signals exhibiting different colored lights or colored lighted
arrows successively, one (1) at a time or in combination, only the
colors green, red, or yellow may be used, except for special pedestrian
signals under IC 9-21-18.
(b) The lights indicate and apply to drivers of vehicles and
pedestrians as follows:
(1) Green indication means the following:
(A) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left, unless a sign at
the place prohibits either turn.
(B) Vehicular traffic, including vehicles turning right or left,
shall yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent sidewalk at the
time the signal is exhibited.
(C) Vehicular traffic facing a green arrow signal, shown alone
or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
the green arrow or other movement permitted by other
indications shown at the same time.
(D) Vehicular traffic shall yield the right-of-way to pedestrians
lawfully within an adjacent crosswalk and to other traffic
lawfully using the intersection.
(E) Unless otherwise directed by a pedestrian control signal,
pedestrians facing a green signal, except when the sole green
signal is a turn arrow, may proceed across the roadway within
a marked or unmarked crosswalk.
(2) Steady yellow indication means the following:
(A) Vehicular traffic facing a steady circular yellow or yellow
arrow signal is warned that the related green movement is
being terminated and that a red indication will be exhibited
immediately thereafter.
(B) A pedestrian facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian control
signal, is advised that there is insufficient time to cross the
roadway before a red indication is shown, and a pedestrian
may not start to cross the roadway at that time.
(3) Steady red indication means the following:
(A) Except as provided in clauses (B) and (D), vehicular
traffic facing a steady circular red or red arrow signal shall
stop at a clearly marked stop line. However, if there is no
HEA 1050 — CC 1 23
clearly marked stop line, vehicular traffic shall stop before
entering the crosswalk on the near side of the intersection. If
there is no crosswalk, vehicular traffic shall stop before
entering the intersection and shall remain standing until an
indication to proceed is shown.
(B) Except when a sign is in place prohibiting a turn described
in this clause, vehicular traffic facing a steady red signal, after
coming to a complete stop, may cautiously enter the
intersection to do the following:
(i) Make a right turn.
(ii) Make a left turn if turning from the left lane or a
designated left-turn lane of a one-way street into another
one-way street with the flow of traffic.
Vehicular traffic making a turn described in this clause shall
yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic using the intersection.
(C) Unless otherwise directed by a pedestrian control signal
pedestrians facing a steady circular red or red arrow signal
may not enter the roadway.
(D) This clause does not apply to the operation of an autocycle
or a bicycle directed by a bicycle traffic control signal under
section 8.5 of this chapter. If the operator of a motorcycle,
motor driven cycle, or bicycle approaches an intersection that
is controlled by a traffic control signal, the operator may
proceed through the intersection on a steady red signal only if
the operator:
(i) comes to a complete stop at the intersection for at least
one hundred twenty (120) seconds; and
(ii) exercises due caution as provided by law, otherwise
treats the traffic control signal as a stop sign, and determines
that it is safe to proceed.
(4) No indication or conflicting indications means the following:
(A) Except as provided in clause (C), vehicular traffic facing
an intersection having a signal that displays no indication or
conflicting indications, where no other control is present, shall
stop before entering the intersection.
(B) After stopping, vehicular traffic may proceed with caution
through the intersection and shall yield the right-of-way to
traffic within the intersection or approaching so closely as to
constitute an immediate hazard.
(C) Vehicular traffic entering an intersection or crosswalk
facing a pedestrian hybrid beacon may proceed without
HEA 1050 — CC 1 24
stopping if no indication is displayed on the pedestrian hybrid
beacon.
(5) This subdivision applies to traffic control signals located at a
place other than an intersection. A stop required under this
subdivision must be made at the signal, except when the signal is
supplemented by a sign or pavement marking indicating where
the stop must be made.
(c) A consolidated city may not adopt an ordinance requiring
the installation of a sign prohibiting a turn described in subsection
(b)(3)(B).
SECTION 27. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 35. (a) Upon the immediate approach of an
authorized emergency vehicle, when the person who drives the
authorized emergency vehicle is giving audible signal by siren or
displaying alternately flashing red, red and white, or red and blue
lights, a person who drives another vehicle shall do the following
unless otherwise directed by a law enforcement officer:
(1) Yield the right-of-way.
(2) Immediately drive to a position parallel to and as close as
possible to the right-hand edge or curb of the highway clear of any
intersection.
(3) Stop and remain in the position until the authorized
emergency vehicle has passed.
(b) Upon approaching a stationary authorized emergency vehicle,
when the authorized emergency vehicle is giving a signal by displaying
alternately flashing red, red and white, or red and blue lights, a person
who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the authorized
emergency vehicle, if possible with due regard to safety and
traffic conditions, if on a highway having at least four (4) lanes
with not less than two (2) lanes proceeding in the same direction
as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class A infraction.
However, the violation is a Level 6 felony if the person's failure to
comply with this subsection results in serious bodily injury,
catastrophic injury, or death to any person operating, occupying, or
HEA 1050 — CC 1 25
affiliated with an authorized emergency vehicle described in this
subsection.
(c) Upon approaching a stationary recovery vehicle, a stationary
utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
waste hauler, a stationary road, street, or highway maintenance vehicle,
or a stationary survey or construction vehicle, when the vehicle is
giving a signal by displaying alternately flashing amber lights, a person
who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the recovery
vehicle, utility service vehicle, solid waste hauler, or road, street,
or highway maintenance vehicle, if possible with due regard to
safety and traffic conditions, if on a highway having at least four
(4) lanes with not less than two (2) lanes proceeding in the same
direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
A person who violates this section subsection commits a Class B
infraction.
(d) This subsection does not apply to a vehicle approaching
another vehicle that is described in subsection (b) or (c) or a vehicle
approaching a school bus when the arm signal device specified in
IC 9-21-12-13 is in the device's extended position. Upon
approaching a disabled stationary vehicle with flashing hazard
warning signals, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by
making a lane change into a lane not adjacent to that of the
disabled stationary vehicle, if possible with due regard to
safety and traffic conditions, if on a highway having at least
four (4) lanes with not less than two (2) lanes proceeding in
the same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the
vehicle to a speed at least ten (10) miles per hour less than the
posted speed limit maintaining a safe speed for road
conditions, if changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class B infraction.
(d) (e) This section does not operate to relieve the person who drives
an authorized emergency vehicle, a recovery vehicle, a utility service
vehicle, solid waste hauler, a road, street, or highway maintenance
vehicle, or a stationary survey or construction vehicle a vehicle
HEA 1050 — CC 1 26
described under this section from the duty to operate the vehicle with
due regard for the safety of all persons using the highway.
SECTION 28. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) Except as provided in section 7 of this
chapter, an individual must have a valid:
(1) driver's license; or
(2) permit;
including any necessary endorsements, issued to the individual by the
bureau in the form of a physical credential to operate upon a highway
the type of motor vehicle for which the driver's license, endorsement,
or permit was issued.
(b) An individual must have:
(1) an unexpired identification card with a motor driven cycle
endorsement issued to the individual by the bureau under
IC 9-24-16;
(2) a valid driver's license; or
(3) a valid learner's permit;
issued in the form of a physical credential to operate a motor driven
cycle upon a highway.
(c) An individual who violates this section commits a Class C
infraction.
SECTION 29. IC 9-24-1-7, AS AMENDED BY P.L.256-2017,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Section 1 of this chapter
does not apply to the following individuals:
(1) An individual in the service of the armed forces of the United
States while operating an official motor vehicle in that service.
(2) An individual who is at least sixteen (16) years and one
hundred eighty (180) days of age, while operating:
(A) road construction or maintenance machinery;
(B) a ditch digging apparatus;
(C) a well drilling apparatus; or
(D) a concrete mixer;
that is being temporarily drawn, moved, or propelled on a
highway.
(3) A nonresident who:
(A) is:
(i) at least sixteen (16) years and one hundred eighty (180)
days of age; or
(ii) employed in Indiana;
(B) has in the nonresident's immediate possession a valid
HEA 1050 — CC 1 27
driver's license that was issued to the nonresident in the
nonresident's home state or country; and
(C) is lawfully admitted into legally present in the United
States;
while operating on a highway the type of motor vehicle for which
the driver's license was issued, subject to the restrictions imposed
by the home state or country of the individual's residence.
(4) A new Indiana resident who:
(A) possesses a valid driver's license issued by the state or
country of the individual's former residence; and
(B) is lawfully admitted legally present in the United States;
for a period of sixty (60) days after becoming an Indiana resident,
and subject to the restrictions imposed by the state or country of
the individual's former residence while operating upon a highway
the type of motor vehicle for which the driver's license was
issued.
(5) An individual while operating a farm wagon that is being
temporarily drawn, moved, or propelled on a public highway.
However, to operate the farm wagon on a highway, other than to
temporarily draw, move, or propel it, the individual must be at
least fifteen (15) years of age.
(6) An individual who does not hold a driver's license or permit
and is authorized to operate a golf cart or an off-road vehicle on
the highways of a county, city, or town in accordance with an
ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a).
(b) An ordinance adopted under IC 9-21-1-3(a)(14) or
IC 9-21-1-3.3(a) must require that an individual who operates a golf
cart or off-road vehicle in the city, county, or town:
(1) hold a driver's license; or
(2) be at least sixteen (16) years and one hundred eighty (180)
days of age and hold:
(A) an identification card issued under IC 9-24-16; or
(B) a photo exempt identification card issued under
IC 9-24-16.5.
SECTION 30. IC 9-24-2-3, AS AMENDED BY P.L.118-2022,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The bureau may not issue a driver's
license or learner's permit or grant driving privileges to the following
individuals:
(1) An individual whose driving privileges have been suspended,
during the period for which the driving privileges are suspended,
or to an individual whose driver's license has been revoked, until
HEA 1050 — CC 1 28
the time the bureau is authorized under Indiana law to issue the
individual a new driver's license.
(2) An individual whose learner's permit has been suspended or
revoked until the time the bureau is authorized under Indiana law
to issue the individual a new learner's permit.
(3) An individual who, in the opinion of the bureau, is afflicted
with or suffering from a physical or mental disability or disease
that prevents the individual from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle on a highway.
(4) An individual who is unable to understand highway warnings
or direction signs written in the English language.
(5) An individual who is required under this article to take an
examination unless:
(A) the individual successfully passes the examination; or
(B) the bureau waives the examination requirement.
(6) An individual who is required under IC 9-25 or any other
statute to deposit or provide proof of financial responsibility and
who has not deposited or provided that proof.
(7) An individual when the bureau has good cause to believe that
the operation of a motor vehicle on a highway by the individual
would be inimical to public safety or welfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
(B) the Title IV-D agency;
ordering that a driver's license or permit not be issued to the
individual.
(9) An Except for an individual granted parole, an individual
who has not presented valid documentary evidence to the bureau
of the individual's legal lawful status in the United States, as
required by IC 9-24-9-2.5.
(10) An individual who does not otherwise satisfy the
requirements of this article.
(b) An individual subject to epileptic seizures may not be denied a
driver's license or permit under this section if the individual presents
a statement from a licensed physician or an advanced practice
registered nurse, on a form prescribed by the bureau, that the individual
is under medication and is free from seizures while under medication.
SECTION 31. IC 9-24-3-6, AS ADDED BY P.L.111-2021,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) The bureau may impose an additional fee of
HEA 1050 — CC 1 29
twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 32. IC 9-24-4-7, AS ADDED BY P.L.111-2021,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) The bureau may impose an additional fee of
twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 33. IC 9-24-6.1-11, AS ADDED BY P.L.111-2021,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11. (a) The bureau may impose an additional fee
of twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 34. IC 9-24-7-8, AS ADDED BY P.L.111-2021,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) The bureau may impose an additional fee of
twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 35. IC 9-24-8.5-3, AS AMENDED BY P.L.111-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) The bureau shall add a motorcycle
endorsement to a driver's license if the holder meets the following
conditions:
(1) Is at least:
(A) sixteen (16) years and ninety (90) days of age and has
completed a motorcycle operator safety education course
approved by the bureau under IC 9-27-7; or
HEA 1050 — CC 1 30
(B) sixteen (16) years and two hundred seventy (270) days of
age.
(2) Makes a proper application in the form and manner prescribed
by the bureau.
(3) Has passed a written examination developed by the bureau
concerning the safe operation of a motorcycle.
(4) Satisfactorily completes an operational skills test at a location
approved by the bureau.
(5) Pays a fee of nineteen dollars ($19). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the motor
vehicle highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(D) Sixteen dollars ($16) to the commission fund.
(b) The bureau may waive the testing requirements under subsection
(a)(3) and (a)(4) for an individual who satisfactorily completes a
motorcycle operator safety course approved by the bureau as set forth
in IC 9-27-7.
(c) The bureau may waive the operational skills test under
subsection (a)(4) for an individual who holds a valid motorcycle
endorsement or motorcycle license from any other jurisdiction.
(d) An individual who fails the operational skills test under
subsection (a)(4) three (3) consecutive times is not eligible to retake
the test until two (2) months after the date of the most recent failed test.
(e) The fee for a motorcycle operational skills test administered
under this chapter is as follows:
(1) For tests given by state employees, the fee is five dollars ($5)
and shall be deposited in the motor vehicle highway account
under IC 8-14-1.
(2) For tests given by a contractor approved by the bureau, the fee
is:
(A) determined under rules adopted by the bureau under
IC 4-22-2 to cover the direct costs of administering the test;
and
(B) paid to the contractor.
(f) The bureau may impose an additional fee of twenty-five dollars
($25) if the bureau processes a credential an application for a physical
credential under this chapter in a period of time that is shorter than the
normal processing period. The bureau shall deposit the fee in the
HEA 1050 — CC 1 31
commission fund.
(g) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 36. IC 9-24-8.5-5, AS AMENDED BY P.L.111-2021,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) The bureau shall add a for-hire endorsement
to a driver's license if the holder meets the following conditions:
(1) Is at least eighteen (18) years of age.
(2) Has held a valid driver's license for more than one (1) year.
(3) Makes a proper application in a form and manner prescribed
by the bureau.
(4) Satisfactorily passes a written test approved by the bureau.
(5) Pays a fee of nineteen dollars ($19). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and twenty-five cents ($1.25) to the motor
vehicle highway account.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(D) Sixteen dollars ($16) to the commission fund.
(b) The bureau may impose an additional fee of twenty-five dollars
($25) if the bureau processes a credential an application for a physical
credential under this chapter in a period of time that is shorter than the
normal processing period. The bureau shall deposit the fee in the
commission fund.
(c) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 37. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
each application for a driver's license or permit under this chapter must
require the following information:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
HEA 1050 — CC 1 32
(ii) identity; and
(iii) lawful status, except for an individual granted parole.
(7) Whether the applicant has been subject to fainting spells or
seizures.
(8) Whether the applicant has been issued a driver's license or has
been the holder of a permit, and if so, when and by what
jurisdiction.
(9) Whether the applicant's driver's license or permit has ever
been suspended or revoked, and if so, the date of and the reason
for the suspension or revocation.
(10) Whether the applicant has been convicted of:
(A) a crime punishable as a felony under Indiana motor
vehicle law; or
(B) any other felony in the commission of which a motor
vehicle was used;
that has not been expunged by a court.
(11) Whether the applicant has a physical or mental disability,
and if so, the nature of the disability.
(12) The signature of the applicant showing the applicant's legal
name as it appears or will appear on the driver's license or permit.
(13) A digital photograph of the applicant.
(14) Any other information the bureau requires.
(b) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's address, but may
provide an address designated by the office of the attorney general
under IC 5-26.5 as the individual's address.
(c) In addition to the information required by subsection (a), an
applicant who is required to complete at least fifty (50) hours of
supervised practice driving under IC 9-24-3-2.5(a)(1)(E) or
IC 9-24-3-2.5(a)(2)(D) must submit to the bureau evidence of the time
logged in practice driving.
SECTION 38. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
SECTION 465, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. In addition to the
information required from the applicant for a driver's license or permit
under sections 1 and 2 of this chapter, the bureau shall require an
applicant to present to the bureau valid documentary evidence that the
applicant has lawful status or is granted parole.
(1) is a citizen or national of the United States;
(2) is an alien lawfully admitted for permanent residence in the
United States;
HEA 1050 — CC 1 33
(3) has conditional permanent resident status in the United States;
(4) has an approved application for asylum in the United States or
has entered into the United States in refugee status;
(5) is an alien lawfully admitted for temporary residence in the
United States;
(6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
status for entry into the United States;
(7) has a pending application for asylum in the United States;
(8) has a pending or approved application for temporary protected
status in the United States;
(9) has approved deferred action status; or
(10) has a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the United
States or conditional permanent resident status in the United
States.
SECTION 39. IC 9-24-10-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A driver training
school (as defined in IC 9-27-6-3) may offer to administer a driving
skills test (as defined in 140 IAC 4-1.1-1) to an individual who holds
a valid learner's permit.
(b) This section expires June 30, 2030.
SECTION 40. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) Except as provided in subsection (d), an
individual may not hold or possess more than one (1) physical
credential at a time.
(b) An individual may not hold or possess:
(1) a physical credential; and
(2) a driver's license or identification card issued by a government
authority that issues driver's licenses and identification cards from
another state, territory, federal district, commonwealth, or
possession of the United States.
(c) An individual shall destroy or surrender to the bureau any and
all physical credentials driver's licenses, or identification cards that
would cause the individual to violate subsection (a) or (b).
(d) An individual may hold both a physical credential in physical
form and in the form of a mobile credential issued under this article at
the same time.
(e) An individual who violates this section commits a Class C
infraction.
(f) Notwithstanding the July 1, 2021, effective date in HEA
HEA 1050 — CC 1 34
1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 41. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
learner's permit or driver's license issued under this article must contain
the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of
age at the time of issuance, the dates, notated prominently, on
which the permittee or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date, notated prominently, on which the permittee or
licensee will become twenty-one (21) years of age.
(13) Except as provided in subsection (b), a digital photograph of
the permittee or licensee.
(b) The bureau may provide for the omission of a photograph or
computerized image from any driver's license or learner's permit issued
in the form of a physical credential if there is good cause for the
omission. However, a driver's license or learner's permit issued without
a digital photograph may not be issued in the form of a mobile
credential and must include a statement that indicates that the driver's
license or learner's permit issued without a digital photograph may
not be accepted by a federal agency for federal identification or any
other federal purpose.
(c) A driver's license or learner's permit issued to an individual who
has:
(1) temporary lawful status as indicated by:
(1) has (A) a valid, unexpired nonimmigrant visa or has
HEA 1050 — CC 1 35
nonimmigrant visa status for entry in the United States;
(2) has (B) a pending application for asylum in the United
States;
(3) has (C) a pending or approved application for temporary
protected status in the United States;
(4) has (D) having an approved deferred action status; or
(5) has (E) a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent residence status in
the United States; or
(2) been granted parole;
must be clearly identified as a temporary driver's license or learner's
permit. A temporary driver's license or learner's permit issued under
this subsection may not be renewed without the presentation of valid
documentary evidence proving that the licensee's or permittee's
temporary status has been extended.
(d) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(e) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 42. IC 9-24-11-12, AS ADDED BY P.L.111-2021,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. (a) The bureau may impose an additional fee
of twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 43. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
SECTION 489, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 0.5. (a) A learner's permit issued in
the form of a physical credential expires two (2) years after the date
of issuance.
(b) A motorcycle permit expires one (1) year after the date of
issuance. A motorcycle permit may be renewed one (1) time for a
period of one (1) year. An individual who does not obtain a motorcycle
HEA 1050 — CC 1 36
endorsement under IC 9-24-8.5 before the expiration of the renewed
motorcycle permit may not reapply for a new motorcycle permit for a
period of one (1) year after the date of expiration of the renewed
motorcycle permit.
(c) A commercial learner's permit expires one hundred eighty (180)
days after the date of issuance. The bureau may issue not more than
three (3) commercial learner's permits to an individual within a
twenty-four (24) month period.
(d) The fee to renew a permit that expires under this section is the
applicable fee to issue the permit under this article.
SECTION 44. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 10 and
11 of this chapter, a driver's license issued in the form of a physical
credential to an applicant who is at least seventy-five (75) years of age
expires at midnight of the birthday of the holder that occurs three (3)
years following the date of issuance.
(b) Except as provided in subsections (a) and (c) and sections 10
and 11 of this chapter, a driver's license issued in the form of a
physical credential under this article expires at midnight of the
birthday of the holder that occurs six (6) years following the date of
issuance.
(c) A driver's license issued in the form of a physical credential
to an individual who is less than twenty-one (21) years of age expires
at midnight of the date thirty (30) days after the twenty-first birthday
of the holder. However, if the individual complies with
IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9), IC 9-24-9-2.5 or is granted
parole, the driver's license expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in the
United States expires.
(B) At midnight of the date thirty (30) days after the
twenty-first birthday of the holder.
SECTION 45. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (c)
and (d), the application for renewal of:
HEA 1050 — CC 1 37
(1) a driver's license;
(2) a chauffeur's license (before the expiration of IC 9-24-4 on
July 1, 2024);
(3) a public passenger chauffeur's license (before the expiration
of IC 9-24-5 on July 1, 2022);
(4) an identification card; or
(5) a photo exempt identification card;
under this article may be filed not more than twenty-four (24) months
before the expiration date of the license, identification card, or photo
exempt identification card held by the applicant.
(b) Except as provided in subsections (c) and (d), an application for
the renewal of a learner's permit issued under this article may be filed
not more than thirty (30) days before the expiration of the learner's
permit.
(c) When the applicant complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(10), IC 9-24-9-2.5 or is granted parole, an application
for renewal of a driver's license in subsection (a)(1), (a)(2), or (a)(3)
may be filed not more than one (1) month before the expiration date of
the license held by the applicant.
(d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
IC 9-24-16-3.5(1)(J), IC 9-24-16-3.5, an application for renewal of an
identification card under subsection (a)(4) may be filed not more than
one (1) month before the expiration date of the identification card held
by the applicant.
SECTION 46. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Except as provided in subsection (b), and
subject to subsection (d), an individual applying for renewal of a
driver's license in the form of a physical credential (issued under
IC 9-24-3), or a chauffeur's or a public passenger chauffeur's license,
including any endorsements in effect with respect to the license, must
apply in person at a license branch and do the following:
(1) Pass an eyesight examination.
(2) Pass a written examination if:
(A) the applicant has at least six (6) active points on the
applicant's driving record maintained by the bureau;
(B) the applicant has not reached the applicant's twenty-first
birthday and has active points on the applicant's driving record
maintained by the bureau; or
(C) the applicant is in possession of a driver's license that is
expired beyond one hundred eighty (180) days.
(b) The holder of a driver's license in the form of a physical
HEA 1050 — CC 1 38
credential (issued under IC 9-24-3), a chauffeur's or a public passenger
chauffeur's license, or a learner's permit issued in the form of a
physical credential under IC 9-24-7 may renew the license, including
any endorsements in effect with respect to the license, by mail or by
electronic service, subject to the following conditions:
(1) A valid computerized image of the individual must exist
within the records of the bureau.
(2) The previous renewal of the individual's driver's license
(issued under IC 9-24-3), chauffeur's or public passenger
chauffeur's license, or a learner's permit issued under IC 9-24-7
must not have been by mail or by electronic service.
(3) The application for or previous renewal of the individual's
license or permit must have included a test of the individual's
eyesight approved by the bureau.
(4) If the individual were applying for the license or permit
renewal in person at a license branch, the individual would not be
required under subsection (a)(2) to submit to a written
examination.
(5) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(6) There must not have been any change in the:
(A) address; or
(B) name;
of the individual since the issuance or previous renewal of the
individual's driver's license (issued under IC 9-24-3), chauffeur's
or public passenger chauffeur's license, or a learner's permit
issued under IC 9-24-7.
(7) The driver's license (issued under IC 9-24-3), chauffeur's or
public passenger chauffeur's license, or a learner's permit issued
under IC 9-24-7 of the individual must not be:
(A) suspended; or
(B) expired more than one hundred eighty (180) days;
at the time of the application for renewal.
(8) If the individual is seventy-five (75) years of age or older at
the time of the application for renewal, the individual must
provide proof, on a form approved by the bureau, that the
individual has passed an eyesight examination within thirty (30)
days prior to the renewal application.
(c) An individual applying for the renewal of a driver's license
issued in the form of a physical credential (issued under IC 9-24-3),
a chauffeur's license or a public passenger chauffeur's license, or a
learner's permit issued in the form of a physical credential under
HEA 1050 — CC 1 39
IC 9-24-7, including any endorsements in effect with respect to the
license, must apply in person at a license branch under subsection (a)
if the individual is not entitled to apply by mail or by electronic service
under subsection (b).
(d) The bureau may not issue or renew a chauffeur's or a public
passenger chauffeur's license after December 31, 2016. If a holder of
a chauffeur's or a public passenger chauffeur's license applies after
December 31, 2016, for renewal of the chauffeur's or public passenger
chauffeur's license, the bureau shall issue to the holder a driver's
license under IC 9-24-3 with a for-hire endorsement if the holder:
(1) applies in a form and manner prescribed by the bureau; and
(2) satisfies the requirements for renewal of a driver's license
issued under IC 9-24-3, including the fee and examination
requirements under this section.
(e) An individual applying for the renewal of a driver's license
issued in the form of a physical credential under IC 9-24-3 shall pay
the following applicable fee:
(1) If the individual is less than seventy-five (75) years of age,
seventeen dollars and fifty cents ($17.50). The fee shall be
distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) Two dollars ($2) to the crossroads 2000 fund.
(C) Four dollars and fifty cents ($4.50) to the motor vehicle
highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(E) Nine dollars and twenty-five cents ($9.25) to the
commission fund.
(2) If the individual is at least seventy-five (75) years of age and
less than eighty-five (85) years of age, eleven dollars ($11). The
fee shall be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the crossroads 2000
fund.
(C) Three dollars ($3) to the motor vehicle highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(E) Four dollars and seventy-five cents ($4.75) to the
commission fund.
(3) If the individual is at least eighty-five (85) years of age, seven
HEA 1050 — CC 1 40
dollars ($7). The fee shall be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar ($1) to the crossroads 2000 fund.
(C) Two dollars ($2) to the motor vehicle highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(E) Two dollars and twenty-five cents ($2.25) to the
commission fund.
A fee paid under this subsection after December 31, 2016, includes the
renewal of any endorsements that are in effect with respect to the
driver's license issued in the form of a physical credential under
IC 9-24-3 at the time of renewal.
SECTION 47. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
SECTION 497, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) This section applies to
a driver's license other than a commercial driver's license.
(b) If the birthday of a holder on which the holder's driver's license
would otherwise expire falls on:
(1) Sunday;
(2) a legal holiday (as set forth in IC 1-1-9-1); or
(3) a weekday when all license branches in the county of
residence of the holder are closed;
the driver's license of the holder does not expire until midnight of the
first day after the birthday on which a license branch is open for
business in the county of residence of the holder.
(c) A driver's license issued to an applicant who complies with
IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10) IC 9-24-9-2.5 or who is
granted parole expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder to
be a legal have lawful status as a permanent resident or
conditional resident alien of the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
SECTION 48. IC 9-24-13-3, AS AMENDED BY P.L.120-2020,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1050 — CC 1 41
JULY 1, 2023]: Sec. 3. (a) An individual holding a permit or driver's
license issued in the form of a physical credential under this article
must have the permit or driver's license in the form of the physical
credential in the individual's immediate possession when driving or
operating a motor vehicle. The individual shall display the driver's
license or permit in the form of a physical credential upon demand
of a court or a police officer authorized by law to enforce motor vehicle
rules.
(b) If the permit or driver's license is a mobile credential, viewed on
a telecommunications device, a court or a police officer authorized by
law to enforce motor vehicle rules may not, without the consent of the
person:
(1) confiscate a telecommunications device for the purpose of
determining compliance with this section;
(2) confiscate a telecommunications device and retain it as
evidence pending trial for a violation of this section; or
(3) extract or otherwise download information from a
telecommunications device for a violation of this section unless:
(A) the court or police officer has probable cause to believe
the telecommunications device has been used in the
commission of a crime;
(B) the information is extracted or otherwise downloaded
under a valid search warrant; or
(C) otherwise authorized by law.
(c) The display of transmission of data from a mobile credential
shall not serve as consent or authorization for the court, a police
officer, or any other person to search, view, or access any data or
application on the telecommunications device other than the mobile
credential. If a person presents the person's telecommunications device
to the court, a police officer, or any other person for the purposes of
displaying sharing data from the person's mobile credential, the court,
police officer, or person viewing receiving the data from the mobile
credential shall not handle the telecommunications device in order to
view the mobile credential and to verify the identity of the person.
(d) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 53 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
SECTION 49. IC 9-24-13-4, AS AMENDED BY P.L.256-2017,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 4. If:
(1) an individual holding a driver's license or permit issued in the
form of a physical credential under this article changes the
HEA 1050 — CC 1 42
address shown on the driver's license or permit application; or
(2) the name of a licensee or permittee is changed by marriage or
otherwise;
the licensee or permittee shall make application for an amended
driver's license or permit issued in the form of a physical credential
under IC 9-24-9 containing the correct information within thirty (30)
days of the change. For fee purposes, the application shall be treated as
a replacement license under IC 9-24-14-1.
SECTION 50. IC 9-24-14-1, AS AMENDED BY P.L.256-2017,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1. If a permit or driver's license
issued in the form of a physical credential under this article is lost or
destroyed, and as provided in section 3.5 of this chapter, the individual
to whom the permit or driver's license was issued may obtain a
replacement if the individual pays a fee as follows:
(1) For a replacement permit or driver's license, other than a
commercial driver's license, issued before January 1, 2017, ten
dollars and fifty cents ($10.50). The fee shall be distributed as
follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar and fifty cents ($1.50) to the crossroads 2000
fund.
(C) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(D) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(E) Five dollars and seventy-five cents ($5.75) to the
commission fund.
(2) For a replacement commercial driver's license issued before
January 1, 2017, five dollars and fifty cents ($5.50). The fee shall
be distributed as follows:
(A) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(B) One dollar ($1) to the crossroads 2000 fund.
(C) One dollar and fifty cents ($1.50) to the motor vehicle
highway account.
(D) Two dollars and fifty cents ($2.50) to the commission
fund.
(3) For a replacement permit or driver's license issued after
December 31, 2016, nine dollars ($9). The fee shall be distributed
as follows:
HEA 1050 — CC 1 43
(A) Twenty-five cents ($0.25) to the motor vehicle highway
account.
(B) Fifty cents ($0.50) to the state motor vehicle technology
fund.
(C) One dollar and twenty-five cents ($1.25) to the integrated
public safety communications fund.
(D) Two dollars ($2) to the crossroads 2000 fund.
(E) Five dollars ($5) to the commission fund.
SECTION 51. IC 9-24-14-3.5, AS AMENDED BY P.L.118-2022,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.5. (a) If a valid computerized image or digital
photograph of an individual exists within the records of the bureau, an
individual may apply for a replacement driver's license or learner's
permit issued in the form of a physical credential by electronic
service.
(b) An individual applying for a replacement of a driver's license or
a learner's permit issued in the form of a physical credential must
apply in person at a license branch if the individual is not entitled to
apply by mail or by electronic service under subsection (a).
SECTION 52. IC 9-24-16-1, AS AMENDED BY P.L.198-2016,
SECTION 508, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The bureau shall issue an
identification card in the form of a physical credential to an
individual who meets the following conditions:
(1) Makes an application.
(2) Is an Indiana resident.
(3) Has presented valid documentary evidence to the bureau of
the individual's legal lawful status in the United States or valid
documentary evidence that the individual is granted parole,
as required by section 3.5 of this chapter.
SECTION 53. IC 9-24-16-2, AS AMENDED BY P.L.111-2021,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An application for an identification card
to be issued under this chapter in the form of a physical credential
must contain the following questions:
(1) "Have you served in the armed forces of the United States?".
(2) "Are you the surviving spouse of someone who served in the
armed forces of the United States or their reserves, in the National
Guard, or in the Indiana National Guard?".
(b) In addition to the questions set forth in subsection (a), an
application for an identification card issued under this chapter in the
form of a physical credential must require the following information
HEA 1050 — CC 1 44
concerning an applicant:
(1) The full legal name of the applicant.
(2) The applicant's date of birth.
(3) The gender of the applicant.
(4) The applicant's height, weight, hair color, and eye color.
(5) The principal address and mailing address of the applicant.
(6) A:
(A) valid Social Security number; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status. identity; and
(iii) lawful status, except for an individual granted
parole.
(7) A digital photograph of the applicant.
(8) The signature of the applicant showing the applicant's legal
name as it will appear on the identification card issued in the
form of a physical credential.
(9) If the applicant is also applying for a motor driven cycle
endorsement, verification that the applicant has satisfactorily
completed the test required under section 3.6 of this chapter.
(c) The bureau may invalidate an identification card issued in the
form of a physical credential that the bureau believes to have been
issued as a result of fraudulent documentation.
(d) The bureau:
(1) shall adopt rules under IC 4-22-2 to establish a procedure to
verify an applicant's identity and lawful status; and
(2) may adopt rules to establish a procedure to temporarily
invalidate an identification card issued in the form of a physical
credential that it believes to have been issued based on
fraudulent documentation.
(e) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the individual's principal address
and mailing address, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the individual's
principal address and mailing address.
(f) In addition to the information required under subsection (b), an
application for an identification card to be issued under this chapter in
the form of a physical credential must enable the applicant to
indicate that the applicant is a veteran and wishes to have an indication
of the applicant's veteran status appear on the identification card issued
in the form of a physical credential. An applicant who wishes to have
HEA 1050 — CC 1 45
an indication of the applicant's veteran status appear on the
identification card issued in the form of a physical credential must:
(1) indicate on the application that the applicant:
(A) is a veteran; and
(B) wishes to have an indication of the applicant's veteran
status appear on the identification card; and
(2) provide proof at the time of application of the applicant's
veteran status.
(g) In addition to the information required under subsection (b), an
application for an identification card to be issued under this chapter in
the form of a physical credential must enable the applicant to
indicate that the applicant is a surviving spouse of a veteran and wishes
to have an indication of the applicant's status as a surviving spouse of
a veteran appear on the identification card issued in the form of a
physical credential. An applicant who wishes to have an indication of
the applicant's status as a surviving spouse of a veteran appear on the
identification card issued in the form of a physical credential must:
(1) indicate on the application that the applicant:
(A) is the surviving spouse of a veteran of the armed forces of
the United States; and
(B) wishes to have an indication of the applicant's status as a
surviving spouse of a veteran appear on the identification card
issued in the form of a physical credential; and
(2) provide the documentation necessary to verify that the
applicant was married, at the time of the decedent's death, to a
veteran.
(h) The bureau shall keep in a data base and share the information
submitted under subsections (a) and (g) at least annually with the
Indiana department of veterans' affairs. The information submitted
under subsections (a) and (g) may be used by the Indiana department
of veterans' affairs to develop outreach programs for veterans and their
families.
(i) The application for an identification card to be issued under this
chapter in the form of a physical credential must indicate that an
applicant has the option whether or not to answer the questions set
forth in subsection (a).
SECTION 54. IC 9-24-16-3, AS AMENDED BY P.L.111-2021,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) An identification card:
(1) issued in physical the form of a physical credential must
have the same dimensions and shape as a driver's license; and
(2) in the form of a mobile credential must have the same format
HEA 1050 — CC 1 46
as contain the same data contained in a driver's license;
but the card must have markings sufficient to distinguish the card from
a driver's license.
(b) Except as provided in subsection (g), the front side of a physical
an identification card or the top portion of an identification card in the
format of a mobile credential issued in the form of a physical
credential must contain the expiration date of the identification card
and the following information about the individual to whom the card
is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
(11) Whether the individual is blind (as defined in
IC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age at the
time of issuance, the dates on which the individual will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age but less
than twenty-one (21) years of age at the time of issuance, the date
on which the individual will become twenty-one (21) years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as required
by subsection (b)(12) or (b)(13) for an individual who is less than
twenty-one (21) years of age at the time of issuance shall be notated
prominently on the identification card issued in the form of a physical
credential.
(d) If the individual complies with section 2(f) or 2(g) of this
chapter, an indication of the individual's veteran status or status as the
surviving spouse of a veteran of the armed forces of the United States,
as applicable, shall be shown on the identification card issued in the
form of a physical credential.
(e) If the applicant for an identification card issued in the form of
a physical credential submits information to the bureau concerning
the applicant's medical condition, the bureau shall place an identifying
HEA 1050 — CC 1 47
symbol on the face of the identification card issued in the form of a
physical credential to indicate that the applicant has a medical
condition of note. The bureau shall include information on the
identification card issued in the form of a physical credential that
briefly describes the medical condition of the holder of the card issued
in the form of a physical credential. The information must be printed
in a manner that alerts a person reading the card issued in the form of
a physical credential to the existence of the medical condition. The
applicant for an identification card issued in the form of a physical
credential is responsible for the accuracy of the information
concerning the medical condition submitted under this subsection. The
bureau shall inform an applicant that submission of information under
this subsection is voluntary.
(f) An identification card issued by the state to an individual who
has:
(1) temporary lawful status as indicated by:
(1) has (A) a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(2) has (B) a pending application for asylum in the United
States;
(3) has (C) a pending or approved application for temporary
protected status in the United States;
(4) has (D) having an approved deferred action status; or
(5) has (E) a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent residence status in
the United States; or
(2) been granted parole;
must be issued in the form of a physical credential and clearly
identified as a temporary identification card. A temporary identification
card issued under this subsection may not be renewed without the
presentation of valid documentary evidence proving that the holder of
the identification card's temporary status has been extended.
(g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(h) The bureau shall validate an identification card issued in the
form of a physical credential for motor driven cycle operation upon
a highway by endorsement to an individual who:
HEA 1050 — CC 1 48
(1) applies for or has previously been issued an identification card
under this chapter;
(2) makes the appropriate application for endorsement; and
(3) satisfactorily completes the test required under section 3.6 of
this chapter.
The bureau shall place a designation on the face of the identification
card issued in the form of a physical credential to indicate that the
individual has received a motor driven cycle endorsement.
SECTION 55. IC 9-24-16-3.5, AS AMENDED BY P.L.162-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.5. In addition to the information required for
the applicant for an identification card under section 3 of this chapter,
the bureau shall require an applicant to present to the bureau:
(1) valid documentary evidence that the applicant has:
(A) is a citizen or national of the United States; lawful status;
(B) is an alien lawfully admitted for permanent residence in
the United States;
(C) has conditional permanent resident status in the United
States;
(D) has an approved application for asylum in the United
States or has entered into the United States in refugee status;
(E) is an alien lawfully admitted for temporary residence in the
United States;
(F) has a valid unexpired nonimmigrant visa or nonimmigrant
visa status for entry into the United States;
(G) has a pending application for asylum in the United States;
(H) has a pending or approved application for temporary
protected status in the United States;
(I) has approved deferred action status; or
(J) (B) has a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent resident status in
the United States; and or
(C) been granted parole; and
(2) evidence of the Social Security number of the applicant. If
federal law prohibits the issuance of a Social Security number to
the applicant, the applicant must provide verification of the
applicant's ineligibility to be issued a Social Security number.
SECTION 56. IC 9-24-16-4, AS AMENDED BY P.L.125-2012,
SECTION 228, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Except as provided in
subsection (b), an identification card expires at midnight of the
HEA 1050 — CC 1 49
birthday of the holder that occurs six (6) years following the date of
issuance.
(b) An identification card issued under this article to an applicant
who complies with section 3.5(1)(E) through 3.5(1)(J) 3.5 of this
chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder to
be a legal have lawful status as a permanent resident or
conditional resident alien of the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
SECTION 57. IC 9-24-16-4.5, AS AMENDED BY P.L.111-2021,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4.5. (a) The bureau may adopt rules under
IC 4-22-2 concerning the ability of an individual to renew an
identification card issued in the form of a physical credential under
section 5 of this chapter, apply for a replacement identification card
issued in the form of a physical credential under section 9 of this
chapter, or apply for a replacement identification card issued in the
form of a physical credential under section 6 of this chapter by
electronic service. If rules are adopted under this subsection, the rules
must provide that an individual's renewal, amendment, or replacement
of an identification card issued in the form of a physical credential
by electronic service is subject to the following conditions:
(1) A valid computerized image or digital photograph of the
individual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, as
shown in the records of the bureau.
(3) There must not have been any change in the:
(A) legal address; or
(B) name;
of the individual since the issuance or previous renewal of the
identification card issued in the form of a physical credential of
the individual.
(4) The identification card issued in the form of a physical
credential of the individual must not be expired more than one
hundred eighty (180) days at the time of the application for
HEA 1050 — CC 1 50
renewal.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a replacement identification card;
must apply in person if the individual is not entitled to apply by mail or
by electronic service under subsection (a).
SECTION 58. IC 9-24-16-5, AS AMENDED BY P.L.147-2018,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) An application for renewal of an
identification card issued in the form of a physical credential may be
made not more than twenty-four (24) months before the expiration date
of the card issued in the form of a physical credential. However,
when the applicant complies with section 3.5(1)(E) through 3.5(1)(J)
3.5 of this chapter, an application for renewal of an identification card
issued in the form of a physical credential may be filed not more
than one (1) month before the expiration date of the identification card
issued in the form of a physical credential held by the applicant.
(b) Except as provided in subsection (d), a renewed card issued in
the form of a physical credential is valid on the birth date of the
holder and remains valid for six (6) years.
(c) Renewal may not be granted if the cardholder was issued a
driver's license issued in the form of a physical credential subsequent
to the last issuance of an identification card issued in the form of a
physical credential.
(d) A renewed identification card issued under this article in the
form of a physical credential to an applicant who complies with
section 3.5(1)(E) through 3.5(1)(J) 3.5 of this chapter expires:
(1) at midnight one (1) year after issuance, if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization of the holder to
be a legal have lawful status as a permanent resident or
conditional resident alien of the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
SECTION 59. IC 9-24-16-15, AS ADDED BY P.L.111-2021,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
of twenty-five dollars ($25) if the bureau processes a credential an
HEA 1050 — CC 1 51
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 60. IC 9-24-16.5-15, AS ADDED BY P.L.111-2021,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 15. (a) The bureau may impose an additional fee
of twenty-five dollars ($25) if the bureau processes a credential an
application for a physical credential under this chapter in a period of
time that is shorter than the normal processing period. The bureau shall
deposit the fee in the commission fund.
(b) A fee imposed under this section is in addition to any other fee
imposed under this chapter.
SECTION 61. IC 9-24-17-1, AS AMENDED BY P.L.198-2016,
SECTION 519, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1. The application form for a
physical credential must allow an applicant to acknowledge the making
of an anatomical gift under IC 29-2-16.1-4.
SECTION 62. IC 9-24-17-2, AS AMENDED BY P.L.198-2016,
SECTION 520, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The bureau shall inquire of
every individual who applies for a physical credential whether the
individual desires to make an anatomical gift.
(b) If the individual does desire to make an anatomical gift, the
bureau shall provide the individual the form by which the individual
makes the gift.
SECTION 63. IC 9-24-17-8, AS AMENDED BY P.L.198-2016,
SECTION 524, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 8. (a) Each anatomical gift made
under this chapter must be made by the donor by acknowledging the
making of the anatomical gift by signing the application form for the
a physical credential under section 1 of this chapter. If the donor
cannot sign, the application form may be signed for the donor:
(1) at the donor's direction and in the donor's presence; and
(2) in the presence of two (2) witnesses who must sign the
document in the donor's and each other's presence.
(b) The bureau shall place an identifying symbol on the face of the
physical credential to indicate that the person to whom the physical
credential is issued has acknowledged the making of an anatomical gift
on the application form for the physical credential as set forth in
subsection (a).
HEA 1050 — CC 1 52
(c) Revocation, suspension, cancellation, or expiration of the
physical credential does not invalidate the anatomical gift.
(d) An anatomical gift is valid if the individual acknowledges the
making of the anatomical gift by signing the application form for a
physical credential under subsection (a). No other acknowledgment is
required to make an anatomical gift.
SECTION 64. IC 9-24-17.5-1, AS AMENDED BY P.L.120-2020,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) The bureau may develop a secure and
uniform system to issue mobile credentials that can be accessed
electronically through an application on a telecommunications device.
(b) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
1, 2020 (rather than July 1, 2021).
(b) The form of a mobile credential issued by the bureau under
this chapter must comply with:
(1) the standards for implementation of mobile driving
licenses set by the International Organization for
Standardization and the International Electrotechnical
Commission; and
(2) the Mobile Driver's License Implementation Guidelines
established by the American Association of Motor Vehicle
Administrators.
SECTION 65. IC 9-24-17.5-2, AS AMENDED BY P.L.120-2020,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) In addition to a physical credential issued
under this article, upon request by an applicant, the bureau may issue
a mobile credential to an individual who satisfies the requirements for
application under this article for the following:
(1) A driver's license.
(2) A learner's permit.
(3) An identification card.
(b) The bureau shall may not issue a mobile credential for:
(1) a commercial driver's license issued under IC 9-24-6.1;
(2) a commercial learner's permit issued under IC 9-24-6.1; or
(3) a motorcycle learner's permit issued under IC 9-24-8-3;
(4) a photo exempt driver's license issued under
IC 9-24-11-5(b); or
(3) (5) a photo exempt identification card issued under
IC 9-24-16.5.
(c) Notwithstanding the July 1, 2021, effective date in HEA
1506-2019, SECTION 55 (P.L.178-2019), this section takes effect July
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1, 2020 (rather than July 1, 2021).
SECTION 66. IC 9-24-17.7-1, AS ADDED BY P.L.111-2021,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. The bureau shall not request information
regarding an individual's vaccination status or proof of immunity when
an individual applies for a physical credential or a mobile credential
under this article.
SECTION 67. IC 9-24-17.7-2, AS ADDED BY P.L.111-2021,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. The bureau shall not collect, keep in a data
base, place an indication on a physical credential or a mobile
credential, or share information regarding an individual's vaccination
status or proof of immunity.
SECTION 68. IC 9-26-2-5, AS AMENDED BY P.L.178-2019,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) As used in this section, "emergency contact
data base" means the Indiana emergency contact data base described
in IC 9-26-10-1.
(b) As used in this section, "emergency contact person" means an
individual who is listed in the emergency contact data base, including
only individuals who are at least eighteen (18) years of age.
(c) As used in this section, "qualifying motor vehicle accident"
means a motor vehicle accident involving:
(1) death; or
(2) serious bodily injury.
(d) As used in this section, "serious bodily injury" has the meaning
set forth in IC 35-31.5-2-292.
(e) A law enforcement officer, upon arriving at the scene of a
qualifying motor vehicle accident, shall access the emergency contact
data base and attempt to contact the emergency contact persons listed
for a corresponding credential holder of a physical credential unable
to communicate due to death or serious bodily injury. If contact with an
emergency contact person is made, the law enforcement officer shall
inform the emergency contact person that the credential holder of a
physical credential has been involved in a qualifying motor vehicle
accident.
(f) A law enforcement officer shall attempt to contact a credential
holder's the emergency contact persons of the holder of a physical
credential within a reasonable amount of time after learning of or
responding to a qualifying motor vehicle accident.
(g) A law enforcement officer's good faith attempt to contact a
credential holder's the emergency contact persons of the holder of a
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physical credential as described in subsection (f) immunizes the law
enforcement officer from civil liability and all associated damages,
including punitive damages, related to the law enforcement officer's
inability to make:
(1) any contact with a credential holder's the emergency contact
persons of the holder of a physical credential; or
(2) contact with a credential holder's the emergency contact
persons of the holder of a physical credential within a
reasonable amount of time after arriving at the scene of a
qualifying motor vehicle accident.
(h) If a law enforcement officer is not liable for an act or omission
under this section, no other person incurs liability by reason of an
agency relationship with the law enforcement officer.
(i) A law enforcement officer may not be:
(1) found liable; or
(2) subject to damages;
for any inaccuracy or omission related to the information contained in
the emergency contact data base.
(j) The duty imposed on a law enforcement officer by this section
shall be performed in addition to any other duty required by this
chapter.
(k) A law enforcement agency may establish and implement
protocols necessary to meet the law enforcement agency's obligations
under this section.
(l) A law enforcement agency is exempt from this chapter before the
creation of the emergency contact data base by the bureau.
SECTION 69. IC 9-26-10-1, AS AMENDED BY P.L.11-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) The bureau shall create and maintain the
Indiana emergency contact data base. The purpose of the emergency
contact data base is to provide law enforcement officers and coroners
with the means to contact emergency contact persons in the event of a
motor vehicle accident that renders a credential the holder of a
physical credential or a mobile credential unable to communicate
due to death or serious bodily injury.
(b) The emergency contact data base must consist of contact
information for not more than two (2) emergency contact persons per
credential holder of a physical credential or a mobile credential.
SECTION 70. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) As used in this chapter, "driver training
school" means:
HEA 1050 — CC 1 55
(1) a business enterprise that:
(A) is conducted by an individual, an association, a
partnership, a limited liability company, or a corporation for
the education and training of persons, practically or
theoretically, or both, to operate or drive motor vehicles or to
prepare an applicant for an examination or validation under
IC 9-24 for a driver's license; and
(B) charges consideration or tuition for the provision of
services; or
(2) a driver education program operated under the authority of:
(A) a school corporation (as defined in IC 36-1-2-17);
(B) a state accredited nonpublic secondary school that
voluntarily becomes accredited under IC 20-31-4.1;
(C) a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9);
(D) a postsecondary credit bearing proprietary educational
institution (as defined in IC 21-18.5-2-12);
(E) a state educational institution (as defined in
IC 21-7-13-32); or
(F) a nonaccredited nonpublic school.
(b) The term does not include a business enterprise that educates or
trains a person or prepares a person:
(1) for an examination or a validation given by the bureau to
operate or drive a motor vehicle as a vocation; or
(2) to operate a commercial motor vehicle.
SECTION 71. IC 9-27-7-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 8. (a) The following are immune from civil liability
for an act or omission occurring during a motorcycle operator
safety education course that results in an injury or property
damage:
(1) The state of Indiana.
(2) A regional training center contracted by the bureau or any
other site approved by the commissioner to provide
motorcycle driver education and training courses.
(3) The owner of a site upon which a motorcycle operator
safety education course is conducted.
(4) An officer, agent, or employee of a person described in
subdivisions (1) through (3).
(b) The immunity described in subsection (a) does not apply if
the person committed gross negligence or willful or wanton
misconduct.
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SECTION 72. IC 9-30-3-8, AS AMENDED BY P.L.86-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) Except as provided in subsection (b), the
court may issue a warrant for the arrest of a defendant who is an
Indiana resident who:
(1) fails to appear or answer a traffic information and summons
for a misdemeanor or felony; or
(2) fails to appear or answer a complaint and summons for a
misdemeanor or felony served upon the defendant.
If the warrant is not executed within thirty (30) days after issue, the
court shall promptly forward the court copy of the traffic information
and summons or complaint and summons to the bureau indicating that
the defendant failed to appear in court as ordered. The court shall then
mark the case as failure to appear on the court's records.
(b) If a defendant who is not an Indiana resident or a minor who is
an Indiana resident fails to appear or answer a traffic summons served
upon the defendant or minor and upon which the information or
complaint has been filed thirty (30) days after the return date of the
information and summons or complaint and summons, the court shall
promptly forward the court copy of the traffic information and
summons or complaint and summons to the bureau. If the defendant
is a nonresident, the bureau shall notify the motor vehicle commission
of the state of the nonresident defendant of the defendant's failure to
appear and also of any action taken by the bureau relative to the
Indiana driving privileges of the defendant. If the defendant or minor
fails to appear or otherwise answer within thirty (30) days, the court
shall mark the case as failure to appear on the court's records.
(c) The court may suspend the driving privileges of a defendant who
fails to satisfy a judgment entered against the defendant for:
(1) commission of a moving traffic offense as defined by
IC 9-13-2-110; or
(2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
for a period of three (3) years from the date set by the court under
IC 34-28-5-6. The court shall forward notice to the bureau indicating
that the defendant failed to pay as ordered.
(d) If the bureau receives a copy of the traffic information and
summons or complaint under subsection (a) or a notice of failure to pay
under subsection (c), either on a form prescribed by the bureau or in an
electronic format prescribed by the office of judicial administration, the
bureau shall suspend the driving privileges of the defendant until:
(1) the defendant appears in court;
(2) the case has been disposed of;
HEA 1050 — CC 1 57
(3) payment is received by the court; or
(4) three (3) years from a date set by the court under subsection
(c).
The order of suspension may be served upon the defendant by mailing
the order by first class mail to the defendant at the last address shown
for the defendant or minor in the records of the bureau. A suspension
under this section begins thirty (30) days after the date the notice of
suspension is mailed by the bureau to the defendant.
(e) For nonresidents of Indiana or a minor resident of Indiana
under subsection (b), the order of suspension shall be mailed to the
defendant or minor at the address given to the arresting officer or the
clerk of court by the defendant or minor as shown by the traffic
information or complaint. A copy of the order shall also be sent to the
motor vehicle bureau of the state of the nonresident defendant and the
bureau. If:
(1) the defendant's or minor's failure to appear in court has been
certified to the bureau under this chapter; and
(2) the defendant or minor subsequently appears in court to
answer the charges against the defendant or minor;
the court shall proceed to hear and determine the case in the same
manner as other cases pending in the court. Upon final determination
of the case, the court shall notify the bureau of the determination either
in an electronic format or upon forms prescribed by the bureau. The
notification shall be made by the court within ten (10) days after the
final determination of the case, and information from the original copy
of the traffic information and summons or complaint and summons
must accompany the notification.
(f) If the bureau receives notice that a defendant or minor failed to
appear under subsection (b), the bureau shall suspend the defendant's
or minor's Indiana driving privileges until either:
(1) the defendant or minor appears in court to answer for the
charges against the defendant or minor; or
(2) the case is disposed of.
(g) This section does not preclude preliminary proceedings under
IC 35-33.
SECTION 73. IC 9-32-13-7, AS AMENDED BY P.L.245-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Except as provided in subsection (b), it is an
unfair practice for a dealer to charge a document preparation fee in
excess of two hundred dollars ($200). A document preparation fee of
two hundred dollars ($200) or less is permitted and does not
constitute an unfair practice under this section. A document
HEA 1050 — CC 1 58
preparation fee under this section must be:
(1) included in the advertised sale price of a vehicle; and
(2) affirmatively disclosed:
(A) in writing by the dealer during negotiations for the sale of
a vehicle to a potential purchaser that states the dollar amount
of the document preparation fee to be charged; and
(B) as a separate line item on the purchaser's bill of sale or
other purchase contract.
(b) A document preparation fee under this section may be adjusted
annually by a percentage equal to the annual percentage change in the
Consumer Price Index, as published by the United States Bureau of
Labor Statistics.
SECTION 74. IC 9-33-1-1, AS AMENDED BY P.L.281-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. This article applies to the following:
(1) Actions taken under a court order.
(2) Actions required under IC 9-24-2-1, IC 9-24-2-2, or
IC 9-24-2-4.
(3) Actions required under IC 9-24-6 (before its repeal on July 1,
2016).
(4) Actions required under IC 9-24-6.5-6(c) (before its repeal on
July 1, 2016).
(5) Actions taken under IC 9-24-6.1.
(6) Actions required under IC 9-25.
(7) Except for a hearing requested under IC 9-28-2-9(c),
actions taken under IC 9-28.
(8) Actions required under IC 9-30.
(9) Refunds claimed after June 30, 2016, of fees imposed by the
bureau.
(10) Actions taken under IC 9-22-1-4.
SECTION 75. IC 24-5-13.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 5.5. As used in this chapter,
"initial resale" means the first time a dealer sells a buyback vehicle
to a buyer after it has been repurchased by a manufacturer under
this chapter or IC 24-5-13.
SECTION 76. IC 24-5-13.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) This section
applies to a buyback vehicle only at the time of the initial resale of
the buyback vehicle.
(b) A buyback motor vehicle may not be resold sold in Indiana
unless the following conditions have been met:
HEA 1050 — CC 1 59
(1) The manufacturer provides the same express warranty the
manufacturer provided to the original purchaser, except that the
term of the warranty need only last for twelve thousand (12,000)
miles or twelve (12) months after the date of resale.
(2) The following disclosure language must be conspicuously
contained in a contract for the sale initial resale or lease of a
buyback vehicle to a consumer or contained in a form affixed to
the contract:
 "IMPORTANT
This vehicle was previously sold as new. It was subsequently
returned to the manufacturer or authorized dealer in exchange for
a replacement vehicle or a refund because it did not conform to
the manufacturer's express warranty and the nonconformity was
not cured within a reasonable time as provided by Indiana law.".
(3) The manufacturer provides the dealer a separate document
with a written statement identifying the vehicle conditions that
formed the basis for the previous owner's or lessee's
dissatisfaction and the steps taken to deal with that dissatisfaction
in 10-point all capital type.
SECTION 77. IC 24-5-13.5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Before reselling the
initial resale of a buyback motor vehicle in Indiana, a dealer must
provide to the buyer the express warranty required by section 10(1)
10(b)(1) of this chapter and the written statement of disclosure required
by section 10(3) 10(b)(3) of this chapter and obtain the buyer's
acknowledgment of this disclosure at the time of sale the initial resale
or lease as evidenced by the buyer's signature on the statement of
disclosure.
SECTION 78. IC 24-5-13.5-12, AS AMENDED BY P.L.27-2018,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. A manufacturer who accepts return of a motor
vehicle that is considered a buyback vehicle under this chapter shall do
the following:
(1) Before transferring ownership of the buyback vehicle, place
the notation "Manufacturer Buyback ) Disclosure on File" on the
original certificate of title.
(2) Not more than thirty-one (31) days after receipt of the
certificate of title, apply to the bureau for a certificate of title in
the name of the manufacturer and provide to the bureau a copy of
the disclosure document required by section 10(3) 10(b)(3) of this
chapter.
SECTION 79. IC 24-5-13.5-13 IS AMENDED TO READ AS
HEA 1050 — CC 1 60
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) Except as
provided in IC 34-30-34-3, a person who fails to comply with section
10, 11, or 12 of this chapter is liable for the following:
(1) Actual damages or the value of the consideration, at the
election of the buyer.
(2) The costs of an action to recover damages and reasonable
attorney's fees.
(3) Not more than three (3) times the value of the actual damages
or the consideration as exemplary damages.
(4) Other equitable relief, including restitution, as is considered
proper in addition to damages and costs.
(b) Actual damages under this section include the following:
(1) The difference between the actual market value of the vehicle
at the time of purchase and the contract price of the vehicle.
(2) Towing, repair, and storage expenses.
(3) Rental of substitute transportation.
(4) Food and lodging expenses.
(5) Lost wages.
(6) Finance charges.
(7) Sales or use tax or other governmental fees.
(8) Lease charges.
(9) Other incidental and consequential damages.
(c) Lack of privity is not a bar to an action under this section.
(d) This subsection does not apply to consent orders or stipulated
judgments in which there is no admission of liability by the defendant.
A permanent injunction, final judgment, or final order of the court
obtained by the attorney general under section 14 of this chapter is
prima facie evidence in an action brought under this section that the
defendant has violated section 10, 11, or 12 of this chapter.
(e) An action to enforce liability under this section may be brought
within two (2) years from the date of discovery by the buyer.
SECTION 80. IC 34-30-2.1-107.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 107.1. IC 9-27-7-8 (Concerning
acts or omissions that occur during a motorcycle operator safety
education course).
SECTION 81. IC 34-30-34 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 34. Immunity for a Buyback Vehicle
Sec. 1. As used in this chapter, "buyback vehicle" has the
meaning set forth in IC 24-5-13.5-3.
HEA 1050 — CC 1 61
Sec. 2. As used in this chapter, "dealer" has the meaning set
forth in IC 9-32-2-9.6.
Sec. 3. (a) A dealer is immune from civil liability in an action
based on a violation of IC 24-5-13.5-10 if the dealer has a
reasonable good faith belief that the vehicle subject to the action
was not a buyback vehicle.
(b) Subsection (a) does not apply to an act of gross negligence or
willful and wanton misconduct.
SECTION 82. [EFFECTIVE JULY 1, 2023] (a) IC 9-18.1-5-12, as
amended by this act, applies to registration years beginning after
December 31, 2023.
(b) This SECTION expires July 1, 2025.
SECTION 83. An emergency is declared for this act.
HEA 1050 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
HEA 1050 — CC 1