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