LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6791 NOTE PREPARED: Dec 28, 2023 BILL NUMBER: HB 1100 BILL AMENDED: SUBJECT: Sale of Bureau of Motor Vehicles Information. FIRST AUTHOR: Rep. Porter BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State XDEDICATED FEDERAL Summary of Legislation: This bill prohibits the Bureau of Motor Vehicles (BMV) from selling the personal information of an individual who: (1) is less than 21 years of age; (2) is 65 years of age or older; or (3) opts out of the sale of the individual's personal information. It also prohibits a person to which the BMV provides such information from selling or disclosing the information (sales prohibition). The bill requires the BMV to provide an easily understandable and easily accessible means by which an individual may opt out of the sale of the individual's personal information. The bill also permits the State Board of Finance, upon approval by the Governor, to transfer funds to the BMV to offset a shortfall in funding for the BMV that occurs in a state fiscal year beginning before July 1, 2026, as a result of the sales prohibition. Effective Date: July 1, 2024. Explanation of State Expenditures: The bill would require the State Board of Finance to determine revenue losses to the BMV Commission Fund and the BMV Technology Fund from personal information sales prohibitions in the bill and transfer amounts to these funds from other state funds to offset any shortfall. Increases in state expenditures to make up revenue losses in the bill are expected to be minimal. Explanation of State Revenues: Summary - Revenue losses from the prohibition on sales of personal information are expected to be minimal. Additional Information - For FY 2023, the BMV is estimated to receive approximately $14.7 M that will be deposited in the BMV Commission Fund and $0.8 M that will be deposited in the BMV Technology Fund. HB 1100 1 The bill prohibits the sale of personal information of individuals who are (1) under the age of 21, (2) older than 65, or (3) who opt out of the sale of their personal information. Currently all individuals have to opt in for the sale of personal information for surveys, marketing, and solicitations [IC 9-14-13-7(12)]. The bill would prohibit the BMV from selling personal information of individuals younger than 21 and older than 65 if they previously authorized the BMV to do so. Allowing individuals to opt out of a sale requirement is expected to have a minimal fiscal impact. The bill would also prevent the BMV from selling personal information of individuals younger than 21 and older than 65 as well as anyone who opts out of the sale of the sale of this information in instances where the information would be used for certain defined purposes. Limiting the inclusion of this information could impact revenue the BMV receives from sale of personal information. Explanation of Local Expenditures: Explanation of Local Revenues: State Agencies Affected: State Board of Finance, BMV. Local Agencies Affected: Information Sources: BMV FY 2023 Data Sales Overview Information. Fiscal Analyst: Bill Brumbach, 317-232-9559. HB 1100 2