Indiana 2024 Regular Session

Indiana House Bill HB1115 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1115
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-14-13-2; IC 9-24; IC 10-11-2-35.
7	7	Synopsis: Health information and BMV records. Provides that an
8	8	identifying symbol for a medical condition on a driver's license, permit,
9	9	or identification card may also be used to indicate an autism spectrum
10	10	disorder. Requires an application for a driver's license, a permit, or an
11	11	identification card to enable an applicant to indicate that the applicant
12	12	has a medical condition of note and wishes to have information
13	13	concerning the medical condition accessible to the state police
14	14	department. Requires the bureau of motor vehicles (BMV) to disclose
15	15	this information to the state police department. Requires the state
16	16	police department to enter the information into the Indiana data and
17	17	communications system computer. Prohibits the BMV and state police
18	18	department from disclosing the information.
19	19	Effective: July 1, 2024.
20	20	Pryor
21	21	January 8, 2024, read first time and referred to Committee on Roads and Transportation.
22	22	2024 IN 1115—LS 6544/DI 147 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1115
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	motor vehicles.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
38	38	2 SECTION 193, IS AMENDED TO READ AS FOLLOWS
39	39	3 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
40	40	4 (1) the Social Security number;
41	41	5 (2) the federal identification number;
42	42	6 (3) the driver's license number;
43	43	7 (4) the digital image of the driver's license, identification card, or
44	44	8 photo exempt identification card applicant;
45	45	9 (5) a reproduction of the signature secured under IC 9-24-9-1,
46	46	10 IC 9-24-16-2, or IC 9-24-16.5-2; or
47	47	11 (6) medical or disability information, including information
48	48	12 provided by an applicant under IC 9-24-9-2.3(b)(3)(B) or
49	49	13 IC 9-24-16-2(h);
50	50	14 of any individual except as provided in subsection (b) or (c).
51	51	15 (b) Except as provided in subsection (c), the bureau may disclose
52	52	16 any information listed in subsection (a):
53	53	17 (1) to a law enforcement officer;
54	54	2024 IN 1115—LS 6544/DI 147 2
55	55	1 (2) to an agent or a designee of the department of state revenue;
56	56	2 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
57	57	3 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
58	58	4 (4) for voter registration and election purposes required under
59	59	5 IC 3-7 or IC 9-24-2.5.
60	60	6 (c) The bureau shall disclose medical information provided by
61	61	7 an applicant under IC 9-24-9-2.3(b)(3)(B) or IC 9-24-16-2(h) to the
62	62	8 state police department.
63	63	9 SECTION 2. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019,
64	64	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
65	65	11 JULY 1, 2024]: Sec. 2.3. (a) An application for a driver's license or
66	66	12 permit under this chapter must contain the following questions:
67	67	13 (1) "Have you served in the armed forces of the United States?".
68	68	14 (2) "Are you the surviving spouse of someone who served in the
69	69	15 armed forces of the United States or their reserves, in the National
70	70	16 Guard, or in the Indiana National Guard?".
71	71	17 (b) In addition to the questions set forth in subsection (a), an
72	72	18 application for a driver's license or permit to be issued under this article
73	73	19 must enable the applicant to indicate the following:
74	74	20 (1) The applicant is a veteran and wishes to have an indication of
75	75	21 the applicant's veteran status appear on the driver's license or
76	76	22 permit.
77	77	23 (2) The applicant is the surviving spouse of a veteran of the armed
78	78	24 forces of the United States and wishes to have an indication of the
79	79	25 applicant's status as a surviving spouse of a veteran appear on the
80	80	26 license or permit.
81	81	27 (3) The applicant has a medical condition of note, including
82	82	28 autism (as defined in IC 12-11-8-1), and wishes to have any of
83	83	29 the following:
84	84	30 (A) An identifying symbol and a brief description of the
85	85	31 medical condition appear on the driver's license or permit.
86	86	32 (B) Information concerning the medical condition
87	87	33 accessible to the state police department.
88	88	34 (c) The bureau shall keep in a data base and share the information
89	89	35 submitted under subsections (a) and (b)(2) upon request by the Indiana
90	90	36 department of veterans' affairs. The information submitted under
91	91	37 subsections (a) and (b)(2) may be used by the Indiana department of
92	92	38 veterans' affairs to develop outreach programs for veterans and their
93	93	39 families.
94	94	40 (d) The application for a driver's license or permit under this chapter
95	95	41 must indicate that an applicant has the option whether or not to answer
96	96	42 the questions set forth in subsection (a).
97	97	2024 IN 1115—LS 6544/DI 147 3
98	98	1 SECTION 3. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
99	99	2 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	100	3 JULY 1, 2024]: Sec. 5.5. (a) If an individual has:
101	101	4 (1) indicated on the application for a driver's license or learner's
102	102	5 permit that the individual is a veteran and wishes to have an
103	103	6 indication of the individual's veteran status appear on the driver's
104	104	7 license or learner's permit; and
105	105	8 (2) provided proof at the time of application of the individual's
106	106	9 veteran status;
107	107	10 an indication of the individual's veteran status shall be shown on the
108	108	11 driver's license or learner's permit.
109	109	12 (b) If an individual has:
110	110	13 (1) indicated on the individual's application for a driver's license
111	111	14 or learner's permit that the applicant:
112	112	15 (A) is a surviving spouse of a veteran; and
113	113	16 (B) wishes to have an indication of the applicant's status as a
114	114	17 surviving spouse of a veteran appear on the driver's license or
115	115	18 learner's permit; and
116	116	19 (2) provided the documentation necessary to verify that the
117	117	20 applicant was married, at the time of the decedent's death, to a
118	118	21 veteran;
119	119	22 an indication of the individual's status as a surviving spouse of a
120	120	23 veteran shall be shown on the driver's license or learner's permit.
121	121	24 (c) If an individual submits information concerning the individual's
122	122	25 medical condition, including autism (as defined in IC 12-11-8-1), in
123	123	26 conjunction with the individual's application for a driver's license or
124	124	27 learner's permit, the bureau shall place an identifying symbol in a
125	125	28 prominent location on a driver's license or learner's permit to indicate
126	126	29 that the individual has a medical condition of note. The bureau shall
127	127	30 include information on the individual's driver's license or learner's
128	128	31 permit that briefly describes the individual's medical condition. The
129	129	32 information must be notated in a manner that alerts an individual
130	130	33 reading the driver's license or learner's permit to the existence of the
131	131	34 medical condition. The individual submitting the information
132	132	35 concerning the medical condition is responsible for its accuracy.
133	133	36 (d) Notwithstanding the July 1, 2021, effective date in HEA
134	134	37 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
135	135	38 1, 2020 (rather than July 1, 2021).
136	136	39 SECTION 4. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
137	137	40 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138	138	41 JULY 1, 2024]: Sec. 2. (a) An application for an identification card to
139	139	42 be issued under this chapter in the form of a physical credential must
140	140	2024 IN 1115—LS 6544/DI 147 4
141	141	1 contain the following questions:
142	142	2 (1) "Have you served in the armed forces of the United States?".
143	143	3 (2) "Are you the surviving spouse of someone who served in the
144	144	4 armed forces of the United States or their reserves, in the National
145	145	5 Guard, or in the Indiana National Guard?".
146	146	6 (b) In addition to the questions set forth in subsection (a), an
147	147	7 application for an identification card issued under this chapter in the
148	148	8 form of a physical credential must require the following information
149	149	9 concerning an applicant:
150	150	10 (1) The full legal name of the applicant.
151	151	11 (2) The applicant's date of birth.
152	152	12 (3) The gender of the applicant.
153	153	13 (4) The applicant's height, weight, hair color, and eye color.
154	154	14 (5) The principal address and mailing address of the applicant.
155	155	15 (6) A:
156	156	16 (A) valid Social Security number; or
157	157	17 (B) verification of an applicant's:
158	158	18 (i) ineligibility to be issued a Social Security number;
159	159	19 (ii) identity; and
160	160	20 (iii) lawful status, except for an individual granted parole.
161	161	21 (7) A digital photograph of the applicant.
162	162	22 (8) The signature of the applicant showing the applicant's legal
163	163	23 name as it will appear on the identification card issued in the form
164	164	24 of a physical credential.
165	165	25 (9) If the applicant is also applying for a motor driven cycle
166	166	26 endorsement, verification that the applicant has satisfactorily
167	167	27 completed the test required under section 3.6 of this chapter.
168	168	28 (c) The bureau may invalidate an identification card issued in the
169	169	29 form of a physical credential that the bureau believes to have been
170	170	30 issued as a result of fraudulent documentation.
171	171	31 (d) The bureau:
172	172	32 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
173	173	33 verify an applicant's identity and lawful status; and
174	174	34 (2) may adopt rules to establish a procedure to temporarily
175	175	35 invalidate an identification card issued in the form of a physical
176	176	36 credential that it believes to have been issued based on fraudulent
177	177	37 documentation.
178	178	38 (e) For purposes of subsection (b), an individual certified as a
179	179	39 program participant in the address confidentiality program under
180	180	40 IC 5-26.5 is not required to provide the individual's principal address
181	181	41 and mailing address, but may provide an address designated by the
182	182	42 office of the attorney general under IC 5-26.5 as the individual's
183	183	2024 IN 1115—LS 6544/DI 147 5
184	184	1 principal address and mailing address.
185	185	2 (f) In addition to the information required under subsection (b), an
186	186	3 application for an identification card to be issued under this chapter in
187	187	4 the form of a physical credential must enable the applicant to indicate
188	188	5 that the applicant is a veteran and wishes to have an indication of the
189	189	6 applicant's veteran status appear on the identification card issued in the
190	190	7 form of a physical credential. An applicant who wishes to have an
191	191	8 indication of the applicant's veteran status appear on the identification
192	192	9 card issued in the form of a physical credential must:
193	193	10 (1) indicate on the application that the applicant:
194	194	11 (A) is a veteran; and
195	195	12 (B) wishes to have an indication of the applicant's veteran
196	196	13 status appear on the identification card; and
197	197	14 (2) provide proof at the time of application of the applicant's
198	198	15 veteran status.
199	199	16 (g) In addition to the information required under subsection (b), an
200	200	17 application for an identification card to be issued under this chapter in
201	201	18 the form of a physical credential must enable the applicant to indicate
202	202	19 that the applicant is a surviving spouse of a veteran and wishes to have
203	203	20 an indication of the applicant's status as a surviving spouse of a veteran
204	204	21 appear on the identification card issued in the form of a physical
205	205	22 credential. An applicant who wishes to have an indication of the
206	206	23 applicant's status as a surviving spouse of a veteran appear on the
207	207	24 identification card issued in the form of a physical credential must:
208	208	25 (1) indicate on the application that the applicant:
209	209	26 (A) is the surviving spouse of a veteran of the armed forces of
210	210	27 the United States; and
211	211	28 (B) wishes to have an indication of the applicant's status as a
212	212	29 surviving spouse of a veteran appear on the identification card
213	213	30 issued in the form of a physical credential; and
214	214	31 (2) provide the documentation necessary to verify that the
215	215	32 applicant was married, at the time of the decedent's death, to a
216	216	33 veteran.
217	217	34 (h) In addition to the information required under subsection (b),
218	218	35 an application for an identification card to be issued under this
219	219	36 chapter in the form of a physical credential must enable the
220	220	37 applicant to indicate that the applicant has a medical condition of
221	221	38 note and wishes to have any of the following:
222	222	39 (1) An identifying symbol and a brief description of the
223	223	40 medical condition appear on the identification card.
224	224	41 (2) Information concerning the medical condition accessible
225	225	42 to the state police department.
226	226	2024 IN 1115—LS 6544/DI 147 6
227	227	1 (h) (i) The bureau shall keep in a data base and share the
228	228	2 information submitted under subsections (a) and (g) at least annually
229	229	3 with the Indiana department of veterans' affairs. The information
230	230	4 submitted under subsections (a) and (g) may be used by the Indiana
231	231	5 department of veterans' affairs to develop outreach programs for
232	232	6 veterans and their families.
233	233	7 (i) (j) The application for an identification card to be issued under
234	234	8 this chapter in the form of a physical credential must indicate that an
235	235	9 applicant has the option whether or not to answer the questions set
236	236	10 forth in subsection (a).
237	237	11 SECTION 5. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
238	238	12 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
239	239	13 JULY 1, 2024]: Sec. 3. (a) An identification card:
240	240	14 (1) issued in the form of a physical credential must have the same
241	241	15 dimensions and shape as a driver's license; and
242	242	16 (2) in the form of a mobile credential must contain the same data
243	243	17 contained in a driver's license;
244	244	18 but the card must have markings sufficient to distinguish the card from
245	245	19 a driver's license.
246	246	20 (b) Except as provided in subsection (g), the front side of an
247	247	21 identification card issued in the form of a physical credential must
248	248	22 contain the expiration date of the identification card and the following
249	249	23 information about the individual to whom the card is being issued:
250	250	24 (1) Full legal name.
251	251	25 (2) The address of the principal residence.
252	252	26 (3) Date of birth.
253	253	27 (4) Date of issue and date of expiration.
254	254	28 (5) Unique identification number.
255	255	29 (6) Gender.
256	256	30 (7) Weight.
257	257	31 (8) Height.
258	258	32 (9) Color of eyes and hair.
259	259	33 (10) Reproduction of the signature of the individual identified.
260	260	34 (11) Whether the individual is blind (as defined in
261	261	35 IC 12-7-2-21(1)).
262	262	36 (12) If the individual is less than eighteen (18) years of age at the
263	263	37 time of issuance, the dates on which the individual will become:
264	264	38 (A) eighteen (18) years of age; and
265	265	39 (B) twenty-one (21) years of age.
266	266	40 (13) If the individual is at least eighteen (18) years of age but less
267	267	41 than twenty-one (21) years of age at the time of issuance, the date
268	268	42 on which the individual will become twenty-one (21) years of age.
269	269	2024 IN 1115—LS 6544/DI 147 7
270	270	1 (14) Digital photograph of the individual.
271	271	2 (c) The information contained on the identification card as required
272	272	3 by subsection (b)(12) or (b)(13) for an individual who is less than
273	273	4 twenty-one (21) years of age at the time of issuance shall be notated
274	274	5 prominently on the identification card issued in the form of a physical
275	275	6 credential.
276	276	7 (d) If the individual complies with section 2(f) or 2(g) of this
277	277	8 chapter, an indication of the individual's veteran status or status as the
278	278	9 surviving spouse of a veteran of the armed forces of the United States,
279	279	10 as applicable, shall be shown on the identification card issued in the
280	280	11 form of a physical credential.
281	281	12 (e) If the applicant for an identification card issued in the form of a
282	282	13 physical credential submits information to the bureau concerning the
283	283	14 applicant's medical condition, including autism (as defined in
284	284	15 IC 12-11-8-1), the bureau shall place an identifying symbol on the face
285	285	16 of the identification card issued in the form of a physical credential to
286	286	17 indicate that the applicant has a medical condition of note. The bureau
287	287	18 shall include information on the identification card issued in the form
288	288	19 of a physical credential that briefly describes the medical condition of
289	289	20 the holder of the card issued in the form of a physical credential. The
290	290	21 information must be printed in a manner that alerts a person reading the
291	291	22 card issued in the form of a physical credential to the existence of the
292	292	23 medical condition. The applicant for an identification card issued in the
293	293	24 form of a physical credential is responsible for the accuracy of the
294	294	25 information concerning the medical condition submitted under this
295	295	26 subsection. The bureau shall inform an applicant that submission of
296	296	27 information under this subsection is voluntary.
297	297	28 (f) An identification card issued by the state to an individual who
298	298	29 has:
299	299	30 (1) temporary lawful status as indicated by:
300	300	31 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
301	301	32 visa status for entry in the United States;
302	302	33 (B) a pending application for asylum in the United States;
303	303	34 (C) a pending or approved application for temporary protected
304	304	35 status in the United States;
305	305	36 (D) having an approved deferred action status; or
306	306	37 (E) a pending application for adjustment of status to that of an
307	307	38 alien lawfully admitted for permanent residence in the United
308	308	39 States or conditional permanent residence status in the United
309	309	40 States; or
310	310	41 (2) been granted parole;
311	311	42 must be issued in the form of a physical credential and clearly
312	312	2024 IN 1115—LS 6544/DI 147 8
313	313	1 identified as a temporary identification card. A temporary identification
314	314	2 card issued under this subsection may not be renewed without the
315	315	3 presentation of valid documentary evidence proving that the holder of
316	316	4 the identification card's temporary status has been extended.
317	317	5 (g) For purposes of subsection (b), an individual certified as a
318	318	6 program participant in the address confidentiality program under
319	319	7 IC 5-26.5 is not required to provide the address of the individual's
320	320	8 principal residence, but may provide an address designated by the
321	321	9 office of the attorney general under IC 5-26.5 as the address of the
322	322	10 individual's principal residence.
323	323	11 (h) The bureau shall validate an identification card issued in the
324	324	12 form of a physical credential for motor driven cycle operation upon a
325	325	13 highway by endorsement to an individual who:
326	326	14 (1) applies for or has previously been issued an identification card
327	327	15 under this chapter;
328	328	16 (2) makes the appropriate application for endorsement; and
329	329	17 (3) satisfactorily completes the test required under section 3.6 of
330	330	18 this chapter.
331	331	19 The bureau shall place a designation on the face of the identification
332	332	20 card issued in the form of a physical credential to indicate that the
333	333	21 individual has received a motor driven cycle endorsement.
334	334	22 SECTION 6. IC 10-11-2-35 IS ADDED TO THE INDIANA CODE
335	335	23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
336	336	24 1, 2024]: Sec. 35. (a) The state police department shall enter the
337	337	25 information received under IC 9-24-9-2.3(b)(3)(B) and
338	338	26 IC 9-24-16-2(h) into the Indiana data and communication system
339	339	27 (IDACS) computer.
340	340	28 (b) The state police department shall not disclose the
341	341	29 information received under IC 9-24-9-2.3(b)(3)(B) and
342	342	30 IC 9-24-16-2(h).
343	343	2024 IN 1115—LS 6544/DI 147