Indiana 2024 Regular Session

Indiana House Bill HB1115 Latest Draft

Bill / Introduced Version Filed 01/04/2024

                             
Introduced Version
HOUSE BILL No. 1115
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 9-14-13-2; IC 9-24; IC 10-11-2-35.
Synopsis:  Health information and BMV records. Provides that an
identifying symbol for a medical condition on a driver's license, permit,
or identification card may also be used to indicate an autism spectrum
disorder. Requires an application for a driver's license, a permit, or an
identification card to enable an applicant to indicate that the applicant
has a medical condition of note and wishes to have information
concerning the medical condition accessible to the state police
department. Requires the bureau of motor vehicles (BMV) to disclose
this information to the state police department. Requires the state
police department to enter the information into the Indiana data and
communications system computer. Prohibits the BMV and state police
department from disclosing the information.
Effective:  July 1, 2024.
Pryor
January 8, 2024, read first time and referred to Committee on Roads and Transportation.
2024	IN 1115—LS 6544/DI 147 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1115
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
2 SECTION 193, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
4 (1) the Social Security number;
5 (2) the federal identification number;
6 (3) the driver's license number;
7 (4) the digital image of the driver's license, identification card, or
8 photo exempt identification card applicant;
9 (5) a reproduction of the signature secured under IC 9-24-9-1,
10 IC 9-24-16-2, or IC 9-24-16.5-2; or
11 (6) medical or disability information, including information
12 provided by an applicant under IC 9-24-9-2.3(b)(3)(B) or
13 IC 9-24-16-2(h);
14 of any individual except as provided in subsection (b) or (c).
15 (b) Except as provided in subsection (c), the bureau may disclose
16 any information listed in subsection (a):
17 (1) to a law enforcement officer;
2024	IN 1115—LS 6544/DI 147 2
1 (2) to an agent or a designee of the department of state revenue;
2 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
3 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
4 (4) for voter registration and election purposes required under
5 IC 3-7 or IC 9-24-2.5.
6 (c) The bureau shall disclose medical information provided by
7 an applicant under IC 9-24-9-2.3(b)(3)(B) or IC 9-24-16-2(h) to the
8 state police department.
9 SECTION 2. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 2.3. (a) An application for a driver's license or
12 permit under this chapter must contain the following questions:
13 (1) "Have you served in the armed forces of the United States?".
14 (2) "Are you the surviving spouse of someone who served in the
15 armed forces of the United States or their reserves, in the National
16 Guard, or in the Indiana National Guard?".
17 (b) In addition to the questions set forth in subsection (a), an
18 application for a driver's license or permit to be issued under this article
19 must enable the applicant to indicate the following:
20 (1) The applicant is a veteran and wishes to have an indication of
21 the applicant's veteran status appear on the driver's license or
22 permit.
23 (2) The applicant is the surviving spouse of a veteran of the armed
24 forces of the United States and wishes to have an indication of the
25 applicant's status as a surviving spouse of a veteran appear on the
26 license or permit.
27 (3) The applicant has a medical condition of note, including
28 autism (as defined in IC 12-11-8-1), and wishes to have any of
29 the following:
30 (A) An identifying symbol and a brief description of the
31 medical condition appear on the driver's license or permit.
32 (B) Information concerning the medical condition
33 accessible to the state police department.
34 (c) The bureau shall keep in a data base and share the information
35 submitted under subsections (a) and (b)(2) upon request by the Indiana
36 department of veterans' affairs. The information submitted under
37 subsections (a) and (b)(2) may be used by the Indiana department of
38 veterans' affairs to develop outreach programs for veterans and their
39 families.
40 (d) The application for a driver's license or permit under this chapter
41 must indicate that an applicant has the option whether or not to answer
42 the questions set forth in subsection (a).
2024	IN 1115—LS 6544/DI 147 3
1 SECTION 3. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
2 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 5.5. (a) If an individual has:
4 (1) indicated on the application for a driver's license or learner's
5 permit that the individual is a veteran and wishes to have an
6 indication of the individual's veteran status appear on the driver's
7 license or learner's permit; and
8 (2) provided proof at the time of application of the individual's
9 veteran status;
10 an indication of the individual's veteran status shall be shown on the
11 driver's license or learner's permit.
12 (b) If an individual has:
13 (1) indicated on the individual's application for a driver's license
14 or learner's permit that the applicant:
15 (A) is a surviving spouse of a veteran; and
16 (B) wishes to have an indication of the applicant's status as a
17 surviving spouse of a veteran appear on the driver's license or
18 learner's permit; and
19 (2) provided the documentation necessary to verify that the
20 applicant was married, at the time of the decedent's death, to a
21 veteran;
22 an indication of the individual's status as a surviving spouse of a
23 veteran shall be shown on the driver's license or learner's permit.
24 (c) If an individual submits information concerning the individual's
25 medical condition, including autism (as defined in IC 12-11-8-1), in
26 conjunction with the individual's application for a driver's license or
27 learner's permit, the bureau shall place an identifying symbol in a
28 prominent location on a driver's license or learner's permit to indicate
29 that the individual has a medical condition of note. The bureau shall
30 include information on the individual's driver's license or learner's
31 permit that briefly describes the individual's medical condition. The
32 information must be notated in a manner that alerts an individual
33 reading the driver's license or learner's permit to the existence of the
34 medical condition. The individual submitting the information
35 concerning the medical condition is responsible for its accuracy.
36 (d) Notwithstanding the July 1, 2021, effective date in HEA
37 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
38 1, 2020 (rather than July 1, 2021).
39 SECTION 4. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
40 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 2. (a) An application for an identification card to
42 be issued under this chapter in the form of a physical credential must
2024	IN 1115—LS 6544/DI 147 4
1 contain the following questions:
2 (1) "Have you served in the armed forces of the United States?".
3 (2) "Are you the surviving spouse of someone who served in the
4 armed forces of the United States or their reserves, in the National
5 Guard, or in the Indiana National Guard?".
6 (b) In addition to the questions set forth in subsection (a), an
7 application for an identification card issued under this chapter in the
8 form of a physical credential must require the following information
9 concerning an applicant:
10 (1) The full legal name of the applicant.
11 (2) The applicant's date of birth.
12 (3) The gender of the applicant.
13 (4) The applicant's height, weight, hair color, and eye color.
14 (5) The principal address and mailing address of the applicant.
15 (6) A:
16 (A) valid Social Security number; or
17 (B) verification of an applicant's:
18 (i) ineligibility to be issued a Social Security number;
19 (ii) identity; and
20 (iii) lawful status, except for an individual granted parole.
21 (7) A digital photograph of the applicant.
22 (8) The signature of the applicant showing the applicant's legal
23 name as it will appear on the identification card issued in the form
24 of a physical credential.
25 (9) If the applicant is also applying for a motor driven cycle
26 endorsement, verification that the applicant has satisfactorily
27 completed the test required under section 3.6 of this chapter.
28 (c) The bureau may invalidate an identification card issued in the
29 form of a physical credential that the bureau believes to have been
30 issued as a result of fraudulent documentation.
31 (d) The bureau:
32 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
33 verify an applicant's identity and lawful status; and
34 (2) may adopt rules to establish a procedure to temporarily
35 invalidate an identification card issued in the form of a physical
36 credential that it believes to have been issued based on fraudulent
37 documentation.
38 (e) For purposes of subsection (b), an individual certified as a
39 program participant in the address confidentiality program under
40 IC 5-26.5 is not required to provide the individual's principal address
41 and mailing address, but may provide an address designated by the
42 office of the attorney general under IC 5-26.5 as the individual's
2024	IN 1115—LS 6544/DI 147 5
1 principal address and mailing address.
2 (f) In addition to the information required under subsection (b), an
3 application for an identification card to be issued under this chapter in
4 the form of a physical credential must enable the applicant to indicate
5 that the applicant is a veteran and wishes to have an indication of the
6 applicant's veteran status appear on the identification card issued in the
7 form of a physical credential. An applicant who wishes to have an
8 indication of the applicant's veteran status appear on the identification
9 card issued in the form of a physical credential must:
10 (1) indicate on the application that the applicant:
11 (A) is a veteran; and
12 (B) wishes to have an indication of the applicant's veteran
13 status appear on the identification card; and
14 (2) provide proof at the time of application of the applicant's
15 veteran status.
16 (g) In addition to the information required under subsection (b), an
17 application for an identification card to be issued under this chapter in
18 the form of a physical credential must enable the applicant to indicate
19 that the applicant is a surviving spouse of a veteran and wishes to have
20 an indication of the applicant's status as a surviving spouse of a veteran
21 appear on the identification card issued in the form of a physical
22 credential. An applicant who wishes to have an indication of the
23 applicant's status as a surviving spouse of a veteran appear on the
24 identification card issued in the form of a physical credential must:
25 (1) indicate on the application that the applicant:
26 (A) is the surviving spouse of a veteran of the armed forces of
27 the United States; and
28 (B) wishes to have an indication of the applicant's status as a
29 surviving spouse of a veteran appear on the identification card
30 issued in the form of a physical credential; and
31 (2) provide the documentation necessary to verify that the
32 applicant was married, at the time of the decedent's death, to a
33 veteran.
34 (h) In addition to the information required under subsection (b),
35 an application for an identification card to be issued under this
36 chapter in the form of a physical credential must enable the
37 applicant to indicate that the applicant has a medical condition of
38 note and wishes to have any of the following:
39 (1) An identifying symbol and a brief description of the
40 medical condition appear on the identification card.
41 (2) Information concerning the medical condition accessible
42 to the state police department.
2024	IN 1115—LS 6544/DI 147 6
1 (h) (i) The bureau shall keep in a data base and share the
2 information submitted under subsections (a) and (g) at least annually
3 with the Indiana department of veterans' affairs. The information
4 submitted under subsections (a) and (g) may be used by the Indiana
5 department of veterans' affairs to develop outreach programs for
6 veterans and their families.
7 (i) (j) The application for an identification card to be issued under
8 this chapter in the form of a physical credential must indicate that an
9 applicant has the option whether or not to answer the questions set
10 forth in subsection (a).
11 SECTION 5. IC 9-24-16-3, AS AMENDED BY P.L.211-2023,
12 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 3. (a) An identification card:
14 (1) issued in the form of a physical credential must have the same
15 dimensions and shape as a driver's license; and
16 (2) in the form of a mobile credential must contain the same data
17 contained in a driver's license;
18 but the card must have markings sufficient to distinguish the card from
19 a driver's license.
20 (b) Except as provided in subsection (g), the front side of an
21 identification card issued in the form of a physical credential must
22 contain the expiration date of the identification card and the following
23 information about the individual to whom the card is being issued:
24 (1) Full legal name.
25 (2) The address of the principal residence.
26 (3) Date of birth.
27 (4) Date of issue and date of expiration.
28 (5) Unique identification number.
29 (6) Gender.
30 (7) Weight.
31 (8) Height.
32 (9) Color of eyes and hair.
33 (10) Reproduction of the signature of the individual identified.
34 (11) Whether the individual is blind (as defined in
35 IC 12-7-2-21(1)).
36 (12) If the individual is less than eighteen (18) years of age at the
37 time of issuance, the dates on which the individual will become:
38 (A) eighteen (18) years of age; and
39 (B) twenty-one (21) years of age.
40 (13) If the individual is at least eighteen (18) years of age but less
41 than twenty-one (21) years of age at the time of issuance, the date
42 on which the individual will become twenty-one (21) years of age.
2024	IN 1115—LS 6544/DI 147 7
1 (14) Digital photograph of the individual.
2 (c) The information contained on the identification card as required
3 by subsection (b)(12) or (b)(13) for an individual who is less than
4 twenty-one (21) years of age at the time of issuance shall be notated
5 prominently on the identification card issued in the form of a physical
6 credential.
7 (d) If the individual complies with section 2(f) or 2(g) of this
8 chapter, an indication of the individual's veteran status or status as the
9 surviving spouse of a veteran of the armed forces of the United States,
10 as applicable, shall be shown on the identification card issued in the
11 form of a physical credential.
12 (e) If the applicant for an identification card issued in the form of a
13 physical credential submits information to the bureau concerning the
14 applicant's medical condition, including autism (as defined in
15 IC 12-11-8-1), the bureau shall place an identifying symbol on the face
16 of the identification card issued in the form of a physical credential to
17 indicate that the applicant has a medical condition of note. The bureau
18 shall include information on the identification card issued in the form
19 of a physical credential that briefly describes the medical condition of
20 the holder of the card issued in the form of a physical credential. The
21 information must be printed in a manner that alerts a person reading the
22 card issued in the form of a physical credential to the existence of the
23 medical condition. The applicant for an identification card issued in the
24 form of a physical credential is responsible for the accuracy of the
25 information concerning the medical condition submitted under this
26 subsection. The bureau shall inform an applicant that submission of
27 information under this subsection is voluntary.
28 (f) An identification card issued by the state to an individual who
29 has:
30 (1) temporary lawful status as indicated by:
31 (A) a valid, unexpired nonimmigrant visa or has nonimmigrant
32 visa status for entry in the United States;
33 (B) a pending application for asylum in the United States;
34 (C) a pending or approved application for temporary protected
35 status in the United States;
36 (D) having an approved deferred action status; or
37 (E) a pending application for adjustment of status to that of an
38 alien lawfully admitted for permanent residence in the United
39 States or conditional permanent residence status in the United
40 States; or
41 (2) been granted parole;
42 must be issued in the form of a physical credential and clearly
2024	IN 1115—LS 6544/DI 147 8
1 identified as a temporary identification card. A temporary identification
2 card issued under this subsection may not be renewed without the
3 presentation of valid documentary evidence proving that the holder of
4 the identification card's temporary status has been extended.
5 (g) For purposes of subsection (b), an individual certified as a
6 program participant in the address confidentiality program under
7 IC 5-26.5 is not required to provide the address of the individual's
8 principal residence, but may provide an address designated by the
9 office of the attorney general under IC 5-26.5 as the address of the
10 individual's principal residence.
11 (h) The bureau shall validate an identification card issued in the
12 form of a physical credential for motor driven cycle operation upon a
13 highway by endorsement to an individual who:
14 (1) applies for or has previously been issued an identification card
15 under this chapter;
16 (2) makes the appropriate application for endorsement; and
17 (3) satisfactorily completes the test required under section 3.6 of
18 this chapter.
19 The bureau shall place a designation on the face of the identification
20 card issued in the form of a physical credential to indicate that the
21 individual has received a motor driven cycle endorsement.
22 SECTION 6. IC 10-11-2-35 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2024]: Sec. 35. (a) The state police department shall enter the
25 information received under IC 9-24-9-2.3(b)(3)(B) and
26 IC 9-24-16-2(h) into the Indiana data and communication system
27 (IDACS) computer.
28 (b) The state police department shall not disclose the
29 information received under IC 9-24-9-2.3(b)(3)(B) and
30 IC 9-24-16-2(h).
2024	IN 1115—LS 6544/DI 147