Indiana 2024 2024 Regular Session

Indiana House Bill HB1162 Introduced / Bill

Filed 01/04/2024

                     
Introduced Version
HOUSE BILL No. 1162
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 8-14-1-3; IC 9-13-2; IC 9-14-12-3; IC 9-18.1;
IC 9-18.5; IC 9-24; IC 9-25-5-3; IC 9-28-2-9; IC 9-30; IC 9-33-3-1.
Synopsis:  Bureau of motor vehicles. Makes a technical correction
regarding the calculation of a county's allocation from the motor
vehicle highway account fund. Provides that a commercial driver's
license and a commercial learner's permit may be issued as a mobile
credential. Amends the definition of "parole". Allows an individual
who is at least 18 years of age and holds a valid commercial driver's
license to be issued an intrastate hazardous materials endorsement.
Amends provisions regarding proof of a veteran's discharge from the
armed forces or its reserves or the national guard. Changes the number
of commercial vehicles that must be owned for the state department of
revenue to issue a license plate for each commercial vehicle from 25
to five. Amends provisions requiring the bureau of motor vehicles
(bureau) to provide notice to allow the bureau to provide notice
electronically when the individual has indicated a preference for
receiving electronic notices from the bureau. Provides that a driver's
license or identification card expires upon the bureau receiving notice
of the death of the holder. Allows an individual to electronically apply
for the individual's driver's license or learner's permit to be converted
into an identification card. 
Effective:  July 1, 2024; January 1, 2025.
Pressel
January 8, 2024, read first time and referred to Committee on Roads and Transportation.
2024	IN 1162—LS 6594/DI 137 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. 1162
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 8-14-1-3, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
4 Sec. 3. The money collected for the motor vehicle highway account
5 fund and remaining after refunds and the payment of all expenses
6 incurred in the collection of the money and after transferring three
7 hundred twenty-five thousand dollars ($325,000) each month to the
8 motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and
9 distributed among the department and subdivisions designated as
10 follows:
11 (1) Of the net amount in the motor vehicle highway account the
12 auditor of state comptroller shall set aside for the cities and
13 towns of the state twelve and thirteen hundredths percent
14 (12.13%). This sum shall be allocated to the cities and towns
15 upon the basis that the population of each city and town bears to
16 the total population of all the cities and towns and shall be used
17 for the construction or reconstruction and maintenance of streets
2024	IN 1162—LS 6594/DI 137 2
1 and alleys and shall be annually budgeted as now provided by
2 law. However, no part of such sum shall be used for any other
3 purpose than for the purposes defined in this chapter. If any funds
4 allocated to any city or town shall be used by any officer or
5 officers of such city or town for any purpose or purposes other
6 than for the purposes as defined in this chapter, such officer or
7 officers shall be liable upon their official bonds to such city or
8 town in such amount so used for other purposes than for the
9 purposes as defined in this chapter, together with the costs of said
10 action and reasonable attorney fees, recoverable in an action or
11 suit instituted in the name of the state of Indiana on the relation
12 of any taxpayer or taxpayers resident of such city or town. A
13 monthly distribution thereof of funds accumulated during the
14 preceding month shall be made by the auditor of state
15 comptroller.
16 (2) Of the net amount in the motor vehicle highway account, the
17 auditor of state comptroller shall set aside for the counties of the
18 state twenty-five and eighty-seven hundredths percent (25.87%).
19 However, as to the allocation to cities and towns under
20 subdivision (1) and as to the allocation to counties under this
21 subdivision, in the event that the amount in the motor vehicle
22 highway account fund remaining after refunds and after the
23 payment of all expenses incurred in the collection thereof is less
24 than twenty-two million six hundred fifty thousand dollars
25 ($22,650,000) in any fiscal year, then the amount so set aside in
26 the next calendar year for distributions to counties shall be
27 reduced fifty-four percent (54%) of such deficit and the amount
28 so set aside for distribution in the next calendar year to cities and
29 towns shall be reduced thirteen percent (13%) of such deficit.
30 Such reduced distributions shall begin with the distribution
31 January 1 of each year.
32 (3) The amount set aside for the counties of the state under the
33 provisions of subdivision (2) shall be allocated monthly upon the
34 following basis:
35 (A) Five percent (5%) of the amount allocated to the counties
36 to be divided equally among the ninety-two (92) counties.
37 (B) Sixty-five percent (65%) of the amount allocated to the
38 counties to be divided on the basis of the ratio of the actual
39 miles, now traveled and in use, of county roads in each county
40 to the total mileage of county roads in the state, which shall be
41 annually determined, accurately, by the department and
42 submitted to the auditor of state comptroller before April 1 of
2024	IN 1162—LS 6594/DI 137 3
1 each year.
2 (C) Thirty percent (30%) of the amount allocated to the
3 counties to be divided on the basis of the ratio of the motor
4 vehicle registrations of each county to the total motor vehicle
5 registration of the state. The bureau of motor vehicles shall
6 annually determine the amount number of motor vehicle
7 registrations by county under this clause and submit its
8 determination to the auditor of state comptroller before April
9 1 each year.
10 All money so distributed to the several counties of the state shall
11 constitute a special road fund for each of the respective counties
12 and shall be under the exclusive supervision and direction of the
13 board of county commissioners in the construction,
14 reconstruction, maintenance, or repair of the county highways or
15 bridges on such county highways within such county.
16 (4) Each month the remainder of the net amount in the motor
17 vehicle highway account shall be credited to the state highway
18 fund for the use of the department.
19 (5) Money in the fund may not be used for any toll road or toll
20 bridge project.
21 (6) Notwithstanding any other provisions of this section, money
22 in the motor vehicle highway account fund may be appropriated
23 to the Indiana department of transportation from the amounts
24 distributed to the political subdivisions of the state to pay the
25 costs incurred by the department in providing services to those
26 subdivisions.
27 (7) Notwithstanding any other provisions of this section or of
28 IC 8-14-8, for the purpose of maintaining a sufficient working
29 balance in accounts established primarily to facilitate the
30 matching of federal and local money for highway projects, money
31 may be appropriated to the Indiana department of transportation
32 as follows:
33 (A) One-half (1/2) from the amounts set aside under
34 subdivisions (1) and (2) for counties and for those cities and
35 towns with a population greater than five thousand (5,000).
36 (B) One-half (1/2) from the distressed road fund under
37 IC 8-14-8.
38 SECTION 2. IC 9-13-2-48, AS AMENDED BY P.L.211-2023,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 48. "Driver's license" means the following:
41 (1) Any type of license issued by the state in the form of a
42 physical credential authorizing an individual to operate the type
2024	IN 1162—LS 6594/DI 137 4
1 of vehicle for which the license was issued, in the manner for
2 which the license was issued, on a highway. The term includes
3 any endorsements added to the license under IC 9-24-8.5.
4 (2) Except for a commercial driver's license issued under
5 IC 9-24-6.1, Any type of license issued by the state in the form of
6 a mobile credential authorizing an individual to operate the type
7 of vehicle for which the license was issued, in the manner for
8 which the license was issued, on a highway. The term includes
9 any endorsements added to the license under IC 9-24-8.5.
10 SECTION 3. IC 9-13-2-103.4, AS AMENDED BY P.L.211-2023,
11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 103.4. "Mobile credential" means digital data
13 issued to a telecommunications device by the bureau under
14 IC 9-24-17.5 of the information contained on the following:
15 (1) A driver's license.
16 (2) A learner's permit.
17 (3) An identification card.
18 The term does not include a commercial driver's license or commercial
19 learner's permit issued under IC 9-24-6.1, a motorcycle learner's permit
20 issued under IC 9-24-8-3, a photo exempt driver's license issued under
21 IC 9-24-11-5(b), or a photo exempt identification card issued under
22 IC 9-24-16.5.
23 SECTION 4. IC 9-13-2-121.5, AS ADDED BY P.L.211-2023,
24 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 121.5. "Parole" means temporary legal presence
26 in the United States under 8 U.S.C. 1182(d)(5). granted to an individual
27 who:
28 (1) is a citizen or national of Ukraine or last was a habitual
29 resident of Ukraine; and
30 (2) meets the criteria established under Section 401(a) of the
31 Additional Ukraine Supplemental Appropriations Act (Public
32 Law 117-128) as in effect on January 1, 2023.
33 SECTION 5. IC 9-13-2-138.5, AS ADDED BY P.L.118-2011,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 138.5. "Proof of discharge" means a document
36 that:
37 (1) is issued by the United States Department of Defense; and
38 (2) confirms a veteran's discharge from the armed forces of the
39 United States.
40 The term includes a DD-214 form. physical document or digital
41 verification that:
42 (1) confirms a veteran's discharge from the armed forces of
2024	IN 1162—LS 6594/DI 137 5
1 the United States or its reserves or the National Guard; and
2 (2) was issued by the United States Department of Veterans
3 Affairs, the United States Department of Defense, or the
4 National Guard Bureau.
5 SECTION 6. IC 9-14-12-3, AS ADDED BY P.L.198-2016,
6 SECTION 192, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) For each individual licensed
8 by the bureau to operate a motor vehicle, the bureau shall create and
9 maintain a driving record that contains the following:
10 (1) The individual's convictions for any of the following:
11 (A) A moving traffic violation.
12 (B) Operating a vehicle without financial responsibility in
13 violation of IC 9-25.
14 (2) Any administrative penalty imposed by the bureau.
15 (3) Any suspensions, revocations, or reinstatements of the
16 individual's driving privileges, license, or permit.
17 (4) If the driving privileges of the individual have been suspended
18 or revoked by the bureau, an entry in the record stating that a
19 notice of suspension or revocation was mailed to the individual by
20 the bureau or sent electronically if the individual has indicated
21 a preference for receiving notices from the bureau
22 electronically, and the date of the mailing or sending of the
23 notice.
24 (5) Any requirement that the individual may operate only a motor
25 vehicle equipped with a certified ignition interlock device.
26 A driving record may not contain voter registration information.
27 (b) For an Indiana resident who does not hold any type of valid
28 driving license, the bureau shall maintain a driving record as provided
29 in IC 9-24-18-9.
30 SECTION 7. IC 9-18.1-13-3, AS AMENDED BY P.L.257-2017,
31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JANUARY 1, 2025]: Sec. 3. (a) Upon payment of the annual
33 registration fee under IC 9-18.1-5 and any applicable commercial
34 vehicle excise tax under IC 6-6-5.5, the department of state revenue
35 may issue a license plate for each commercial vehicle registered to the
36 owner of at least twenty-five (25) five (5) commercial vehicles. The
37 license plate issued under this section for a commercial vehicle is
38 permanently valid.
39 (b) The application of registration for the commercial vehicles must
40 be on an aggregate basis by electronic means. If the application is
41 approved, the department of state revenue shall issue a certificate of
42 registration that shall be carried at all times in the vehicle for which it
2024	IN 1162—LS 6594/DI 137 6
1 is issued.
2 (c) The registration for a commercial vehicle is void when the
3 registered owner:
4 (1) sells (and does not replace);
5 (2) disposes of; or
6 (3) does not renew the registration of;
7 the commercial vehicle or the commercial vehicle is destroyed.
8 (d) This section does not relieve the owner of a vehicle from
9 payment of any applicable commercial vehicle excise tax under
10 IC 6-6-5.5 on a yearly basis.
11 (e) A registered license plate issued under subsection (a) may be
12 transferred to another vehicle in a fleet of the same weight and plate
13 type, with a new certificate of registration issued under subsection (b),
14 upon application to the department of state revenue. A commercial
15 vehicle excise tax credit may be applied to any plate transfer of the
16 same vehicle type and same weight category.
17 (f) The following apply to rules adopted by the bureau before
18 January 1, 2014, under IC 9-18-2-4.5(f) (before its expiration):
19 (1) The rules are transferred to the department of state revenue
20 and are considered rules of the department of state revenue.
21 (2) The rules are treated as if they had been adopted by the
22 department of state revenue.
23 (g) Upon qualification under this section, a vehicle subject to the
24 commercial vehicle excise tax under IC 6-6-5.5, including trailers and
25 semitrailers, must be registered with the department of state revenue
26 and issued a permanent license plate.
27 (h) A registered owner may continue to register commercial vehicles
28 under this section even after a reduction in the registered owner's fleet
29 to fewer than twenty-five (25) five (5) commercial vehicles.
30 SECTION 8. IC 9-18.1-14-4, AS ADDED BY P.L.198-2016,
31 SECTION 326, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The fee to register an off-road
33 vehicle or snowmobile is thirty dollars ($30). The fee shall be
34 deposited in the off-road vehicle and snowmobile fund established by
35 IC 14-16-1-30.
36 (b) The registration of an off-road vehicle or a snowmobile under
37 this chapter is valid until the earlier of the following:
38 (1) Three (3) years from the date of registration or renewal under
39 this chapter.
40 (2) The date on which the off-road vehicle or snowmobile is sold
41 or transferred to another person. The bureau may designate an
42 expiration month that aligns with the schedule of expiration
2024	IN 1162—LS 6594/DI 137 7
1 dates described in IC 9-18.1-11-1. However, the registration
2 period must be at least thirty-six (36) months and not more
3 than forty-eight (48) months for a given registration or
4 renewal.
5 (c) If a person sells or otherwise disposes of an off-road vehicle or
6 snowmobile:
7 (1) the certificate of registration and decals for the off-road
8 vehicle or snowmobile are canceled; and
9 (2) except as provided in IC 9-33-3, the person is not entitled to
10 a refund of any unused part of a fee paid by the person under this
11 section.
12 (d) A person that acquires an off-road vehicle or a snowmobile that
13 is registered under this chapter must apply to the bureau under this
14 chapter to register the off-road vehicle or snowmobile.
15 SECTION 9. IC 9-18.5-29-3, AS AMENDED BY P.L.211-2023,
16 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under
18 this title may apply for and receive a Hoosier veteran license plate for
19 one (1) or more vehicles upon doing the following:
20 (1) Completing an application for a Hoosier veteran license plate.
21 (2) Presenting one (1) of the following to the bureau:
22 (A) A United States Uniformed Services Retiree Identification
23 Card.
24 (B) A DD 214 or DD 215 record. Proof of discharge.
25 (C) United States military discharge papers.
26 (D) A current armed forces identification card.
27 (E) A physical credential or mobile credential issued to the
28 individual that contains an indication of veteran status under
29 IC 9-24-11-5.5.
30 (3) Paying a fee in an amount of fifteen dollars ($15).
31 (b) The bureau shall distribute at least one (1) time each month the
32 fee described in subsection (a)(3) to the director of veterans' affairs for
33 deposit in the military family relief fund established under
34 IC 10-17-12-8.
35 SECTION 10. IC 9-18.5-35-3, AS ADDED BY P.L.29-2021,
36 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 3. (a) An individual who registers a vehicle under
38 this title may apply for and receive an Armed Forces Expeditionary
39 Medal license plate for one (1) or more vehicles upon doing the
40 following:
41 (1) Completing an application for an Armed Forces Expeditionary
42 Medal license plate.
2024	IN 1162—LS 6594/DI 137 8
1 (2) Presenting one (1) of the following to the bureau that shows
2 the individual has been awarded the Armed Forces Expeditionary
3 Medal:
4 (A) A DD 214 or DD 215 record.
5 (B) United States military discharge papers.
6 (C) A current armed forces identification card.
7 (D) Digital verification through the United States
8 Department of Defense.
9 (3) Paying a fee in the amount of fifteen dollars ($15).
10 (b) The bureau shall distribute the fee described in subsection (a)(3)
11 to the director of veterans' affairs for deposit in the military family
12 relief fund established under IC 10-17-12-8.
13 SECTION 11. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
14 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 4. (a) If an individual is at least fifteen (15) years
16 of age and less than eighteen (18) years of age and is a habitual truant,
17 is under a suspension or an expulsion, or has withdrawn from school as
18 described in section 1 of this chapter, the bureau shall, upon
19 notification by an authorized representative of the individual's school
20 corporation, suspend the individual's driving privileges until the
21 earliest of the following:
22 (1) The individual becomes eighteen (18) years of age.
23 (2) One hundred twenty (120) days after the individual is
24 suspended.
25 (3) The suspension, expulsion, or exclusion is reversed after the
26 individual has had a hearing under IC 20-33-8.
27 (b) The bureau shall promptly mail a notice to the individual's last
28 known address or send a notice electronically if the individual has
29 indicated a preference for receiving notices from the bureau
30 electronically, that states the following:
31 (1) That the individual's driving privileges will be suspended for
32 a specified period commencing five (5) days after the date of the
33 notice.
34 (2) That the individual has the right to appeal the suspension of
35 the driving privileges.
36 (c) If an aggrieved individual believes that:
37 (1) the information provided was technically incorrect; or
38 (2) the bureau committed a technical or procedural error;
39 the aggrieved individual may appeal the invalidation of a driver's
40 license under section 5 of this chapter.
41 (d) If an individual satisfies the conditions for reinstatement of a
42 driver's license under this section, the individual may submit to the
2024	IN 1162—LS 6594/DI 137 9
1 bureau for review the necessary information certifying that at least one
2 (1) of the events described in subsection (a) has occurred.
3 (e) Upon reviewing and certifying the information received under
4 subsection (d), the bureau shall reinstate the individual's driving
5 privileges.
6 (f) An individual may not operate a motor vehicle in violation of this
7 section.
8 (g) An individual whose driving privileges are suspended under this
9 section is eligible to apply for specialized driving privileges under
10 IC 9-30-16.
11 (h) The bureau shall reinstate the driving privileges of an individual
12 whose driving privileges were suspended under this section if the
13 individual does the following:
14 (1) Establishes to the satisfaction of the principal of the school
15 where the action occurred that caused the suspension of the
16 driving privileges that the individual has:
17 (A) enrolled in a full-time or part-time program of education;
18 and
19 (B) participated for thirty (30) or more days in the program of
20 education.
21 (2) Submits to the bureau a form developed by the bureau that
22 contains:
23 (A) the verified signature of the principal or the president of
24 the governing body of the school described in subdivision (1);
25 and
26 (B) notification to the bureau that the person has complied
27 with subdivision (1).
28 An individual may appeal the decision of a principal under subdivision
29 (1) to the governing body of the school corporation where the
30 principal's school is located.
31 SECTION 12. IC 9-24-6.1-12 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 12. An individual who:
34 (1) is at least eighteen (18) years of age; and
35 (2) holds a valid commercial driver's license;
36 may be issued an intrastate hazardous materials endorsement.
37 SECTION 13. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
38 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 4. (a) A learner's permit authorizes the holder to
40 operate a motor vehicle, except a motorcycle or a commercial motor
41 vehicle, upon a highway under the following conditions:
42 (1) While the holder is participating in practice driving in an
2024	IN 1162—LS 6594/DI 137 10
1 approved driver education course and is accompanied in the front
2 seat of the motor vehicle by an individual with valid driving
3 privileges who:
4 (A) is licensed as a driver education instructor under
5 IC 9-27-6-8 and is working under the direction of a driver
6 training school described in IC 9-27-6-3(a)(2); or
7 (B) is a certified driver rehabilitation specialist recognized by
8 the bureau who is employed through a driver rehabilitation
9 program.
10 (2) While the holder is participating in practice driving after
11 having commenced an approved driver education course and is
12 accompanied in the front seat of the motor vehicle by an
13 individual with valid driving privileges who is at least:
14 (A) twenty-five (25) years of age and related to the applicant
15 by blood, marriage, or legal status; or
16 (B) if the licensed individual is the holder's spouse, twenty-one
17 (21) years of age.
18 (3) If the holder is not participating in an approved driver
19 education course, and is less than eighteen (18) years of age, the
20 holder may participate in practice driving if accompanied in the
21 front seat of the motor vehicle by an individual who is:
22 (A) a licensed driver, with valid driving privileges, who is:
23 (i) at least twenty-five (25) years of age; and
24 (ii) related to the applicant by blood, marriage, or legal
25 status;
26 (B) the spouse of the applicant who is:
27 (i) a licensed driver with valid driving privileges; and
28 (ii) at least twenty-one (21) years of age; or
29 (C) an individual with valid driving privileges who:
30 (i) is licensed as a driver education instructor under
31 IC 9-27-6-8 and is working under the direction of a driver
32 training school described in IC 9-27-6-3(a)(2); or
33 (ii) is a certified driver rehabilitation specialist recognized
34 by the bureau who is employed through a driver
35 rehabilitation program; or
36 (iii) is a bureau or commission employee who is
37 conducting a skills examination.
38 (4) If the holder is not participating in an approved driver
39 education course, and is at least eighteen (18) years of age, the
40 holder may participate in practice driving if accompanied in the
41 front seat of the motor vehicle by an individual who is:
42 (A) a licensed driver, with valid driving privileges, who is at
2024	IN 1162—LS 6594/DI 137 11
1 least twenty-five (25) years of age; or
2 (B) the spouse of the applicant who is:
3 (i) a licensed driver with valid driving privileges; and
4 (ii) at least twenty-one (21) years of age.
5 (5) If the holder is less than eighteen (18) years of age and is
6 under the care and supervision of the department of child
7 services, the holder may participate in practice driving if
8 accompanied in the front seat of the motor vehicle by an
9 individual who is:
10 (A) a licensed driver with valid driving privileges who is:
11 (i) at least twenty-five (25) years of age; and
12 (ii) related to the applicant by blood, marriage, or legal
13 status;
14 (B) a licensed driver with valid driving privileges who is:
15 (i) at least twenty-five (25) years of age; and
16 (ii) approved by the department of child services; or
17 (C) an individual with valid driving privileges who is:
18 (i) licensed as a driver education instructor under
19 IC 9-27-6-8 and is working under the direction of a driver
20 training school described in IC 9-27-6-3(a)(2); or
21 (ii) a certified driver rehabilitation specialist recognized by
22 the bureau who is employed through a driver rehabilitation
23 program.
24 (b) A holder of a learner's permit may operate a motor driven cycle.
25 SECTION 14. IC 9-24-9-2.3, AS AMENDED BY P.L.82-2019,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 2.3. (a) Except for an application for a minor
28 applicant, an application for a driver's license or permit under this
29 chapter must contain the following questions:
30 (1) "Have you served in the armed forces of the United States?".
31 (2) "Are you the surviving spouse of someone who served in the
32 armed forces of the United States or their reserves, in the National
33 Guard, or in the Indiana National Guard?".
34 (b) In addition to the questions set forth in subsection (a), an
35 application for a driver's license or permit to be issued under this article
36 must enable the applicant to indicate the following:
37 (1) The applicant is a veteran and wishes to have an indication of
38 the applicant's veteran status appear on the driver's license or
39 permit.
40 (2) The applicant is the surviving spouse of a veteran of the armed
41 forces of the United States and wishes to have an indication of the
42 applicant's status as a surviving spouse of a veteran appear on the
2024	IN 1162—LS 6594/DI 137 12
1 license or permit.
2 (3) The applicant has a medical condition of note and wishes to
3 have an identifying symbol and a brief description of the medical
4 condition appear on the driver's license or permit.
5 (c) The bureau shall keep in a data base and share the information
6 submitted under subsections (a), (b)(1), and (b)(2) upon request by the
7 Indiana department of veterans' affairs. The information submitted
8 under subsections (a), (b)(1), and (b)(2) may be used by the Indiana
9 department of veterans' affairs to develop outreach programs for
10 veterans and their families.
11 (d) The application for a driver's license or permit under this chapter
12 must indicate that an applicant has the option whether or not to answer
13 the questions set forth in subsection (a).
14 SECTION 15. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
15 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 5.5. (a) If an individual has:
17 (1) indicated on the application for a driver's license or learner's
18 permit that the individual is a veteran and wishes to have an
19 indication of the individual's veteran status appear on the driver's
20 license or learner's permit; and
21 (2) provided proof of discharge at the time of application of the
22 individual's veteran status;
23 an indication of the individual's veteran status shall be shown on the
24 driver's license or learner's permit.
25 (b) If an individual has:
26 (1) indicated on the individual's application for a driver's license
27 or learner's permit that the applicant:
28 (A) is a surviving spouse of a veteran; and
29 (B) wishes to have an indication of the applicant's status as a
30 surviving spouse of a veteran appear on the driver's license or
31 learner's permit; and
32 (2) provided the documentation necessary to verify that the
33 applicant was married, at the time of the decedent's death, to a
34 veteran;
35 an indication of the individual's status as a surviving spouse of a
36 veteran shall be shown on the driver's license or learner's permit.
37 (c) If an individual submits information concerning the individual's
38 medical condition in conjunction with the individual's application for
39 a driver's license or learner's permit, the bureau shall place an
40 identifying symbol in a prominent location on a driver's license or
41 learner's permit to indicate that the individual has a medical condition
42 of note. The bureau shall include information on the individual's
2024	IN 1162—LS 6594/DI 137 13
1 driver's license or learner's permit that briefly describes the individual's
2 medical condition. The information must be notated in a manner that
3 alerts an individual reading the driver's license or learner's permit to the
4 existence of the medical condition. The individual submitting the
5 information concerning the medical condition is responsible for its
6 accuracy.
7 (d) Notwithstanding the July 1, 2021, effective date in HEA
8 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
9 1, 2020 (rather than July 1, 2021).
10 SECTION 16. IC 9-24-12-6, AS AMENDED BY P.L.85-2013,
11 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 6. (a) When the Indiana driver's license of an
13 individual who is temporarily residing outside Indiana because of
14 service in the armed forces of the United States has expired, the driver's
15 license remains valid for ninety (90) days following the individual's
16 discharge from service in the armed forces or postdeployment in the
17 armed forces. To obtain a renewed driver's license, the individual must
18 do the following:
19 (1) Apply for a renewal of the driver's license during the ninety
20 (90) day period following the individual's discharge or
21 postdeployment in the armed forces.
22 (2) Show proof of the individual's discharge from service in the
23 armed forces or status as postdeployment in the armed forces to
24 the bureau when applying for the renewal.
25 An individual who held a commercial driver's license that expired
26 during the individual's service in the armed forces may renew the
27 commercial driver's license as if the commercial driver's license had
28 not expired but had remained valid during the period of service in the
29 armed forces of the United States.
30 (b) When the Indiana driver's license of an individual who is
31 temporarily residing outside Indiana because of the service of a spouse,
32 parent, or guardian in the armed forces of the United States has
33 expired, the driver's license remains valid for ninety (90) days
34 following the discharge from service in the armed forces or end of
35 deployment in the armed forces of the individual's spouse, parent, or
36 guardian. To obtain a renewed driver's license, the individual must do
37 the following:
38 (1) Apply for a renewal of the driver's license during the ninety
39 (90) day period following the discharge from or end of
40 deployment in the armed forces of the individual's spouse, parent,
41 or guardian.
42 (2) Show proof to the bureau of the proof of discharge from or
2024	IN 1162—LS 6594/DI 137 14
1 end of deployment in the armed forces of the individual's spouse,
2 parent, or guardian when applying for the renewal.
3 SECTION 17. IC 9-24-12-11, AS AMENDED BY P.L.211-2023,
4 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 11. (a) This section applies to a driver's license
6 other than a commercial driver's license.
7 (b) If the birthday of a holder on which the holder's driver's license
8 would otherwise expire falls on:
9 (1) Sunday;
10 (2) a legal holiday (as set forth in IC 1-1-9-1); or
11 (3) a weekday when all license branches in the county of
12 residence of the holder are closed;
13 the driver's license of the holder does not expire until midnight of the
14 first day after the birthday on which a license branch is open for
15 business in the county of residence of the holder.
16 (c) A driver's license issued to an applicant who complies with
17 IC 9-24-9-2.5 or who is granted parole expires:
18 (1) at midnight one (1) year after issuance if there is no expiration
19 date on the authorization granted to the individual to remain in the
20 United States; or
21 (2) if there is an expiration date on the authorization granted to
22 the individual to remain in the United States, the earlier of the
23 following:
24 (A) At midnight of the date the authorization of the holder to
25 have lawful status as a permanent resident or conditional
26 resident alien of the United States expires.
27 (B) At midnight of the birthday of the holder that occurs six
28 (6) years after the date of issuance.
29 (d) A driver's license expires upon the bureau receiving notice
30 of the death of the holder.
31 SECTION 18. IC 9-24-14-3.5, AS AMENDED BY P.L.211-2023,
32 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 3.5. (a) If a valid computerized image or digital
34 photograph of an individual exists within the records of the bureau, an
35 individual may apply for a replacement driver's license or learner's
36 permit issued in the form of a physical credential by electronic service.
37 (b) An individual may apply by electronic service for the
38 individual's driver's license or learner's permit to be converted
39 into an identification card for a nondriver.
40 (b) (c) An individual applying for a replacement of a driver's license
41 or a learner's permit issued in the form of a physical credential must
42 apply in person at a license branch if the individual is not entitled to
2024	IN 1162—LS 6594/DI 137 15
1 apply by mail or by electronic service. under subsection (a).
2 SECTION 19. IC 9-24-16-2, AS AMENDED BY P.L.211-2023,
3 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 2. (a) Except for an application for a minor
5 applicant, an application for an identification card to be issued under
6 this chapter in the form of a physical credential must contain the
7 following questions:
8 (1) "Have you served in the armed forces of the United States?".
9 (2) "Are you the surviving spouse of someone who served in the
10 armed forces of the United States or their reserves, in the National
11 Guard, or in the Indiana National Guard?".
12 (b) In addition to the questions set forth in subsection (a), an
13 application for an identification card issued under this chapter in the
14 form of a physical credential must require the following information
15 concerning an applicant:
16 (1) The full legal name of the applicant.
17 (2) The applicant's date of birth.
18 (3) The gender of the applicant.
19 (4) The applicant's height, weight, hair color, and eye color.
20 (5) The principal address and mailing address of the applicant.
21 (6) A:
22 (A) valid Social Security number; or
23 (B) verification of an applicant's:
24 (i) ineligibility to be issued a Social Security number;
25 (ii) identity; and
26 (iii) lawful status, except for an individual granted parole.
27 (7) A digital photograph of the applicant.
28 (8) The signature of the applicant showing the applicant's legal
29 name as it will appear on the identification card issued in the form
30 of a physical credential.
31 (9) If the applicant is also applying for a motor driven cycle
32 endorsement, verification that the applicant has satisfactorily
33 completed the test required under section 3.6 of this chapter.
34 (c) The bureau may invalidate an identification card issued in the
35 form of a physical credential that the bureau believes to have been
36 issued as a result of fraudulent documentation.
37 (d) The bureau:
38 (1) shall adopt rules under IC 4-22-2 to establish a procedure to
39 verify an applicant's identity and lawful status; and
40 (2) may adopt rules to establish a procedure to temporarily
41 invalidate an identification card issued in the form of a physical
42 credential that it believes to have been issued based on fraudulent
2024	IN 1162—LS 6594/DI 137 16
1 documentation.
2 (e) For purposes of subsection (b), an individual certified as a
3 program participant in the address confidentiality program under
4 IC 5-26.5 is not required to provide the individual's principal address
5 and mailing address, but may provide an address designated by the
6 office of the attorney general under IC 5-26.5 as the individual's
7 principal address and mailing address.
8 (f) In addition to the information required under subsection (b), an
9 application for an identification card to be issued under this chapter in
10 the form of a physical credential must enable the applicant to indicate
11 that the applicant is a veteran and wishes to have an indication of the
12 applicant's veteran status appear on the identification card issued in the
13 form of a physical credential. An applicant who wishes to have an
14 indication of the applicant's veteran status appear on the identification
15 card issued in the form of a physical credential must:
16 (1) indicate on the application that the applicant:
17 (A) is a veteran; and
18 (B) wishes to have an indication of the applicant's veteran
19 status appear on the identification card; and
20 (2) provide proof of discharge at the time of application of the
21 applicant's veteran status.
22 (g) In addition to the information required under subsection (b), an
23 application for an identification card to be issued under this chapter in
24 the form of a physical credential must enable the applicant to indicate
25 that the applicant is a surviving spouse of a veteran and wishes to have
26 an indication of the applicant's status as a surviving spouse of a veteran
27 appear on the identification card issued in the form of a physical
28 credential. An applicant who wishes to have an indication of the
29 applicant's status as a surviving spouse of a veteran appear on the
30 identification card issued in the form of a physical credential must:
31 (1) indicate on the application that the applicant:
32 (A) is the surviving spouse of a veteran of the armed forces of
33 the United States; and
34 (B) wishes to have an indication of the applicant's status as a
35 surviving spouse of a veteran appear on the identification card
36 issued in the form of a physical credential; and
37 (2) provide the documentation necessary to verify that the
38 applicant was married, at the time of the decedent's death, to a
39 veteran.
40 (h) The bureau shall keep in a data base and share the information
41 submitted under subsections (a) and (g) at least annually with the
42 Indiana department of veterans' affairs. The information submitted
2024	IN 1162—LS 6594/DI 137 17
1 under subsections (a) and (g) may be used by the Indiana department
2 of veterans' affairs to develop outreach programs for veterans and their
3 families.
4 (i) The application for an identification card to be issued under this
5 chapter in the form of a physical credential must indicate that an
6 applicant has the option whether or not to answer the questions set
7 forth in subsection (a).
8 SECTION 20. IC 9-24-16-4.5, AS AMENDED BY P.L.211-2023,
9 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 4.5. (a) The bureau may adopt rules under
11 IC 4-22-2 concerning the ability of an individual to renew an
12 identification card issued in the form of a physical credential under
13 section 5 of this chapter, An individual may apply for a replacement
14 identification card issued in the form of a physical credential under
15 section 9 of this chapter, or apply for a replacement identification card
16 issued in the form of a physical credential under section 6 of this
17 chapter, or convert a driver's license or learner's permit into an
18 identification card under IC 9-24-14-3.5 by electronic service. If
19 rules are adopted under this subsection, the rules must provide that An
20 individual's renewal, amendment, or replacement of, or conversion to
21 an identification card issued in the form of a physical credential by
22 electronic service is subject to the following conditions:
23 (1) A valid computerized image or digital photograph of the
24 individual must exist within the records of the bureau.
25 (2) The individual must be a citizen of the United States, as
26 shown in the records of the bureau.
27 (3) There must not have been any change in the:
28 (A) legal address; or
29 (B) name;
30 of the individual since the issuance or previous renewal of the
31 identification card issued in the form of a physical credential of
32 the individual.
33 (4) The identification card issued in the form of a physical
34 credential of the individual must not be expired more than one
35 hundred eighty (180) days at the time of the application for
36 renewal.
37 (b) An individual applying for:
38 (1) the renewal of an identification card; or
39 (2) a replacement identification card;
40 must apply in person if the individual is not entitled to apply by mail or
41 by electronic service under subsection (a).
42 SECTION 21. IC 9-24-16-5, AS AMENDED BY P.L.211-2023,
2024	IN 1162—LS 6594/DI 137 18
1 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 5. (a) An application for renewal of an
3 identification card issued in the form of a physical credential may be
4 made not more than twenty-four (24) months before the expiration date
5 of the card issued in the form of a physical credential. However, when
6 the applicant complies with section 3.5 of this chapter, an application
7 for renewal of an identification card issued in the form of a physical
8 credential may be filed not more than one (1) month before the
9 expiration date of the identification card issued in the form of a
10 physical credential held by the applicant.
11 (b) Except as provided in subsection (d), a renewed card issued in
12 the form of a physical credential is valid on the birth date of the holder
13 and remains valid for six (6) years.
14 (c) Renewal may not be granted if the cardholder was issued a
15 driver's license issued in the form of a physical credential subsequent
16 to the last issuance of an identification card issued in the form of a
17 physical credential.
18 (d) A renewed identification card issued under this article in the
19 form of a physical credential to an applicant who complies with section
20 3.5 of this chapter expires:
21 (1) at midnight one (1) year after issuance, if there is no
22 expiration date on the authorization granted to the individual to
23 remain in the United States; or
24 (2) if there is an expiration date on the authorization granted to
25 the individual to remain in the United States, the earlier of the
26 following:
27 (A) At midnight of the date the authorization of the holder to
28 have lawful status as a permanent resident or conditional
29 resident alien of the United States expires.
30 (B) At midnight of the birthday of the holder that occurs six
31 (6) years after the date of issuance.
32 (e) An identification card expires upon the bureau receiving
33 notice of the death of the holder.
34 SECTION 22. IC 9-24-17.5-2, AS AMENDED BY P.L.211-2023,
35 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 2. (a) In addition to a physical credential issued
37 under this article, upon request by an applicant, the bureau may issue
38 a mobile credential to an individual who satisfies the requirements for
39 application under this article for the following:
40 (1) A driver's license.
41 (2) A learner's permit.
42 (3) An identification card.
2024	IN 1162—LS 6594/DI 137 19
1 (4) A commercial driver's license issued under IC 9-24-6.1.
2 (5) A commercial learner's permit issued under IC 9-24-6.1.
3 (b) The bureau may not issue a mobile credential for:
4 (1) a commercial driver's license issued under IC 9-24-6.1;
5 (2) a commercial learner's permit issued under IC 9-24-6.1;
6 (3) (1) a motorcycle learner's permit issued under IC 9-24-8-3;
7 (4) (2) a photo exempt driver's license issued under
8 IC 9-24-11-5(b); or
9 (5) (3) a photo exempt identification card issued under
10 IC 9-24-16.5.
11 SECTION 23. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
12 SECTION 532, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The bureau may establish a
14 driving record for an Indiana resident who does not hold any type of
15 valid driving license. The driving record shall be established for an
16 unlicensed driver when the bureau receives an abstract of court
17 conviction for the type of conviction that would appear on an official
18 driver's record.
19 (b) If an unlicensed driver applies for and receives any type of
20 driver's license in Indiana, the individual's driving record as an
21 unlicensed driver shall be recorded on the permanent record file.
22 (c) The bureau shall also certify traffic violation convictions on the
23 driving record of an unlicensed driver who subsequently receives an
24 Indiana driver's license.
25 (d) A driving record established under this section must include the
26 following:
27 (1) The individual's convictions for any of the following:
28 (A) A moving traffic violation.
29 (B) Operating a vehicle without financial responsibility in
30 violation of IC 9-25.
31 (2) Any administrative penalty imposed by the bureau.
32 (3) Any suspensions, revocations, or reinstatements of the
33 individual's driving privileges, license, or permit.
34 (4) If the driving privileges of the individual have been suspended
35 or revoked by the bureau, an entry in the record stating that a
36 notice of suspension or revocation was mailed to the individual by
37 the bureau or sent electronically if the individual has indicated
38 a preference for receiving notices from the bureau
39 electronically, and the date of the mailing or sending of the
40 notice.
41 (5) Any requirement that the individual may operate only a motor
42 vehicle equipped with a certified ignition interlock device.
2024	IN 1162—LS 6594/DI 137 20
1 A driving record may not contain voter registration information.
2 SECTION 24. IC 9-24-19-8, AS AMENDED BY P.L.147-2018,
3 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 8. Service by the bureau of motor vehicles of a
5 notice or an order suspending or revoking an individual's driving
6 privileges by mailing the notice or order by first class mail to the
7 individual at the last address shown for the individual in the records of
8 the bureau, or by sending the notice or order electronically if the
9 individual has indicated a preference for receiving notices from the
10 bureau electronically, establishes a rebuttable presumption that the
11 individual knows that the individual's driving privileges are suspended
12 or revoked, as applicable.
13 SECTION 25. IC 9-25-5-3, AS AMENDED BY P.L.149-2015,
14 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 3. (a) A request for evidence of financial
16 responsibility must do the following:
17 (1) Direct the person to provide the bureau with evidence that
18 financial responsibility was in effect with respect to the motor
19 vehicle, or the operation of the motor vehicle, operated by the
20 person on the date requested.
21 (2) Instruct the person on how to furnish the bureau with evidence
22 of financial responsibility in compliance with this article.
23 (3) Inform the person that failure to furnish evidence of financial
24 responsibility to the bureau, if not already provided, will result in
25 suspension of the person's current driving privileges or motor
26 vehicle registration, or both, under this article.
27 (b) The bureau shall mail a request for evidence of financial
28 responsibility to a person by first class mail to the mailing address of
29 the person appearing in the records of the bureau or send the request
30 electronically if the person has indicated a preference for receiving
31 requests from the bureau electronically.
32 SECTION 26. IC 9-28-2-9, AS AMENDED BY P.L.188-2015,
33 SECTION 103, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Upon written notification
35 from a jurisdiction that is a party to an agreement entered into under
36 this chapter, the bureau shall take appropriate action against a licensed
37 driver for failure to meet the conditions set out in the citation of the
38 jurisdiction in which the traffic offense occurred.
39 (b) The bureau shall notify the driver by first class mail, or
40 electronically if the driver has indicated a preference for receiving
41 requests from the bureau electronically, of the request by the
42 respective jurisdiction to have the driver's driving privileges suspended.
2024	IN 1162—LS 6594/DI 137 21
1 For the purposes of this chapter, a written notice sent to the driver's last
2 registered address with the bureau meets the conditions of due notice.
3 (c) The driver has fifteen (15) days from the date of notice to satisfy
4 the conditions of the citation issued by the jurisdiction or to request a
5 hearing before a bureau hearing officer to show evidence or present
6 information why the bureau should not suspend the driver's driving
7 privileges for failure to meet the terms of the citation.
8 (d) Upon holding the hearing, the bureau may suspend the driver's
9 driving privileges until the conditions of the citation are met or a
10 release from the citing jurisdiction is obtained.
11 (e) If the bureau does not receive information from the driver
12 concerning the notification, the bureau shall suspend the driver's
13 driving privileges until the conditions of the citation are met or a
14 release is obtained.
15 (f) A driver whose driving privileges have been suspended for
16 failure to meet the conditions of a citation in another jurisdiction is not
17 eligible for specialized driving privileges under IC 9-30-16.
18 (g) The bureau may not suspend driving privileges under this
19 section for a nonmoving traffic offense occurring in another
20 jurisdiction.
21 SECTION 27. IC 9-30-3-8, AS AMENDED BY P.L.211-2023,
22 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 8. (a) Except as provided in subsection (b), the
24 court may issue a warrant for the arrest of a defendant who is an
25 Indiana resident who:
26 (1) fails to appear or answer a traffic information and summons
27 for a misdemeanor or felony; or
28 (2) fails to appear or answer a complaint and summons for a
29 misdemeanor or felony served upon the defendant.
30 If the warrant is not executed within thirty (30) days after issue, the
31 court shall promptly forward the court copy of the traffic information
32 and summons or complaint and summons to the bureau indicating that
33 the defendant failed to appear in court as ordered. The court shall then
34 mark the case as failure to appear on the court's records.
35 (b) If a defendant who is not an Indiana resident or a minor who is
36 an Indiana resident fails to appear or answer a traffic summons served
37 upon the defendant or minor and upon which the information or
38 complaint has been filed thirty (30) days after the return date of the
39 information and summons or complaint and summons, the court shall
40 promptly forward the court copy of the traffic information and
41 summons or complaint and summons to the bureau. If the defendant is
42 a nonresident, the bureau shall notify the motor vehicle commission of
2024	IN 1162—LS 6594/DI 137 22
1 the state of the nonresident defendant of the defendant's failure to
2 appear and also of any action taken by the bureau relative to the
3 Indiana driving privileges of the defendant. If the defendant or minor
4 fails to appear or otherwise answer within thirty (30) days, the court
5 shall mark the case as failure to appear on the court's records.
6 (c) The court may suspend the driving privileges of a defendant who
7 fails to satisfy a judgment entered against the defendant for:
8 (1) commission of a moving traffic offense as defined by
9 IC 9-13-2-110; or
10 (2) commission of a traffic infraction listed in 140 IAC 1-4.5-10;
11 for a period of three (3) years from the date set by the court under
12 IC 34-28-5-6. The court shall forward notice to the bureau indicating
13 that the defendant failed to pay as ordered.
14 (d) If the bureau receives a copy of the traffic information and
15 summons or complaint under subsection (a) or a notice of failure to pay
16 under subsection (c), either on a form prescribed by the bureau or in an
17 electronic format prescribed by the office of judicial administration, the
18 bureau shall suspend the driving privileges of the defendant until:
19 (1) the defendant appears in court;
20 (2) the case has been disposed of;
21 (3) payment is received by the court; or
22 (4) three (3) years from a date set by the court under subsection
23 (c).
24 The order of suspension may be served upon the defendant by mailing
25 the order by first class mail to the defendant at the last address shown
26 for the defendant or minor in the records of the bureau or by sending
27 the order electronically if the defendant has indicated a preference
28 for receiving notices from the bureau electronically. A suspension
29 under this section begins thirty (30) days after the date the notice of
30 suspension is mailed or sent electronically by the bureau to the
31 defendant.
32 (e) For nonresidents of Indiana or a minor resident of Indiana under
33 subsection (b), the order of suspension shall be mailed to the defendant
34 or minor at the address given to the arresting officer or the clerk of
35 court by the defendant or minor as shown by the traffic information or
36 complaint. A copy of the order shall also be sent to the motor vehicle
37 bureau of the state of the nonresident defendant and the bureau. If:
38 (1) the defendant's or minor's failure to appear in court has been
39 certified to the bureau under this chapter; and
40 (2) the defendant or minor subsequently appears in court to
41 answer the charges against the defendant or minor;
42 the court shall proceed to hear and determine the case in the same
2024	IN 1162—LS 6594/DI 137 23
1 manner as other cases pending in the court. Upon final determination
2 of the case, the court shall notify the bureau of the determination either
3 in an electronic format or upon forms prescribed by the bureau. The
4 notification shall be made by the court within ten (10) days after the
5 final determination of the case, and information from the original copy
6 of the traffic information and summons or complaint and summons
7 must accompany the notification.
8 (f) If the bureau receives notice that a defendant or minor failed to
9 appear under subsection (b), the bureau shall suspend the defendant's
10 or minor's Indiana driving privileges until either:
11 (1) the defendant or minor appears in court to answer for the
12 charges against the defendant or minor; or
13 (2) the case is disposed of.
14 (g) This section does not preclude preliminary proceedings under
15 IC 35-33.
16 SECTION 28. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
17 SECTION 598, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) The bureau shall suspend
19 or revoke the current driver's license or driving privileges and all
20 certificates of registration and proof of registration issued to or
21 registered in the name of an individual who is convicted of any of the
22 following:
23 (1) Manslaughter or reckless homicide resulting from the
24 operation of a motor vehicle.
25 (2) Knowingly making a false application, or committing perjury
26 with respect to an application made, under:
27 (A) this chapter; or
28 (B) any other law requiring the registration of motor vehicles
29 or regulating motor vehicle operation on highways.
30 (3) Three (3) charges of criminal recklessness involving the use
31 of a motor vehicle within the preceding twelve (12) months.
32 (4) Failure to stop and give information or assistance or failure to
33 stop and disclose the individual's identity at the scene of an
34 accident that has resulted in death, personal injury, or property
35 damage in excess of two hundred dollars ($200).
36 However, and unless otherwise required by law, the bureau may not
37 suspend a certificate of registration or proof of registration if the
38 individual gives and maintains, during the three (3) years following the
39 date of suspension or revocation, proof of financial responsibility in the
40 future in the manner specified in this section.
41 (b) The bureau shall suspend a driver's license or driving privileges
42 of an individual upon conviction in another jurisdiction for the
2024	IN 1162—LS 6594/DI 137 24
1 following:
2 (1) Manslaughter or reckless homicide resulting from the
3 operation of a motor vehicle.
4 (2) Knowingly making a false application, or committing perjury
5 with respect to an application made, under:
6 (A) this chapter; or
7 (B) any other law requiring the registration of motor vehicles
8 or regulating motor vehicle operation on highways.
9 (3) Three (3) charges of criminal recklessness involving the use
10 of a motor vehicle within the preceding twelve (12) months.
11 (4) Failure to stop and give information or assistance or failure to
12 stop and disclose the individual's identity at the scene of an
13 accident that has resulted in death, personal injury, or property
14 damage in excess of two hundred dollars ($200).
15 However, if property damage under subdivision (4) is equal to or less
16 than two hundred dollars ($200), the bureau may determine whether
17 the driver's license or driving privileges and certificates of registration
18 and proof of registration shall be suspended or revoked.
19 (c) An individual whose driving privileges are suspended under this
20 chapter is eligible for specialized driving privileges under IC 9-30-16.
21 (d) A suspension or revocation remains in effect and a new or
22 renewal license may not be issued to the individual and a motor vehicle
23 may not be registered in the name of the individual as follows:
24 (1) Except as provided in subdivision (2), for six (6) months after
25 the date of conviction or on the date on which the individual is
26 otherwise eligible for a license, whichever is later.
27 (2) Upon conviction of an offense described in subsection (a)(1),
28 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
29 for a fixed period of at least two (2) years and not more than five
30 (5) years, to be fixed by the bureau based upon recommendation
31 of the court entering a conviction. A new or reinstated driver's
32 license or driving privileges may not be issued to the individual
33 unless that individual, within the three (3) years following the
34 expiration of the suspension or revocation, gives and maintains in
35 force at all times during the effective period of a new or reinstated
36 license proof of financial responsibility in the future in the
37 manner specified in this chapter. However, the liability of the
38 insurance carrier under a motor vehicle liability policy that is
39 furnished for proof of financial responsibility in the future as set
40 out in this chapter becomes absolute whenever loss or damage
41 covered by the policy occurs, and the satisfaction by the insured
42 of a final judgment for loss or damage is not a condition precedent
2024	IN 1162—LS 6594/DI 137 25
1 to the right or obligation of the carrier to make payment on
2 account of loss or damage, but the insurance carrier has the right
3 to settle a claim covered by the policy. If the settlement is made
4 in good faith, the amount must be deducted from the limits of
5 liability specified in the policy. A policy may not be canceled or
6 annulled with respect to a loss or damage by an agreement
7 between the carrier and the insured after the insured has become
8 responsible for the loss or damage, and a cancellation or
9 annulment is void. The policy may provide that the insured or any
10 other person covered by the policy shall reimburse the insurance
11 carrier for payment made on account of any loss or damage claim
12 or suit involving a breach of the terms, provisions, or conditions
13 of the policy. If the policy provides for limits that exceed the
14 limits specified in this chapter, the insurance carrier may plead
15 against any plaintiff, with respect to the amount of the excess
16 limits of liability, any defenses that the carrier may be entitled to
17 plead against the insured. The policy may further provide for
18 prorating of the insurance with other applicable valid and
19 collectible insurance. An action does not lie against the insurance
20 carrier by or on behalf of any claimant under the policy until a
21 final judgment has been obtained after actual trial by or on behalf
22 of any claimant under the policy.
23 (e) The bureau may take action as required in this section upon
24 receiving satisfactory evidence of a conviction of an individual in
25 another state.
26 (f) A suspension or revocation under this section or IC 9-30-13-0.5
27 stands pending appeal of the conviction to a higher court and may be
28 set aside or modified only upon the receipt by the bureau of the
29 certificate of the court reversing or modifying the judgment that the
30 cause has been reversed or modified. However, if the suspension or
31 revocation follows a conviction in a court of no record in Indiana, the
32 suspension or revocation is stayed pending appeal of the conviction to
33 a court of record.
34 (g) A person aggrieved by an order or act of the bureau under this
35 section or IC 9-30-13-0.5 may file a petition for a court review.
36 (h) An entry in the driving record of a defendant stating that notice
37 of suspension or revocation was mailed by the bureau, or sent
38 electronically if the defendant has indicated a preference for
39 receiving notices from the bureau electronically, to the defendant
40 constitutes prima facie evidence that the notice was mailed to the
41 defendant's address as shown in the records of the bureau.
42 SECTION 29. IC 9-30-4-13, AS AMENDED BY P.L.125-2012,
2024	IN 1162—LS 6594/DI 137 26
1 SECTION 334, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever the bureau is
3 authorized or required to give notice under this chapter or any other
4 law regulating the operation of vehicles, unless a different method of
5 giving notice is otherwise expressly prescribed, the notice may be
6 given either by personal delivery to the person to be notified, or by
7 deposit with the United States Postal Service of the notice by first class
8 mail, or sent electronically if the person has indicated a preference
9 for receiving notices from the bureau electronically.
10 (b) A person who, after notification, fails to return or surrender to
11 the bureau upon demand a suspended, revoked, or invalidated driver's
12 license, permit, certificate of registration, or license plate commits a
13 Class C misdemeanor. The bureau may file with the prosecuting
14 attorney of the county in which the person resides an affidavit charging
15 the person with the offense.
16 SECTION 30. IC 9-30-6-8.5, AS AMENDED BY P.L.149-2015,
17 SECTION 103, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. If the bureau receives an order
19 recommending use of an ignition interlock device under section 8(d)
20 of this chapter, the bureau shall immediately do the following:
21 (1) Mail notice to the person's address contained in the records of
22 the bureau, or send notice electronically if the person has
23 indicated a preference for receiving notices from the bureau
24 electronically, stating that the person may not operate a motor
25 vehicle unless the motor vehicle is equipped with a functioning
26 certified ignition interlock device under IC 9-30-8 commencing:
27 (A) five (5) days after the date of the notice; or
28 (B) on the date the court enters an order recommending use of
29 an ignition interlock device;
30 whichever occurs first.
31 (2) Notify the person of the right to a judicial review under
32 section 10 of this chapter.
33 SECTION 31. IC 9-30-6-9, AS AMENDED BY P.L.188-2015,
34 SECTION 111, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section does not apply
36 if an ignition interlock device order is issued under section 8(d) of this
37 chapter.
38 (b) If the affidavit under section 8(b) of this chapter states that a
39 person refused to submit to a chemical test, the bureau shall suspend
40 the driving privileges of the person:
41 (1) for:
42 (A) one (1) year; or
2024	IN 1162—LS 6594/DI 137 27
1 (B) if the person has at least one (1) previous conviction for
2 operating while intoxicated, two (2) years; or
3 (2) until the suspension is ordered terminated under IC 9-30-5.
4 (c) If the affidavit under section 8(b) of this chapter states that a
5 chemical test resulted in prima facie evidence that a person was
6 intoxicated, the bureau shall suspend the driving privileges of the
7 person:
8 (1) for one hundred eighty (180) days; or
9 (2) until the bureau is notified by a court that the charges have
10 been disposed of;
11 whichever occurs first.
12 (d) Whenever the bureau is required to suspend a person's driving
13 privileges under this section, the bureau shall immediately do the
14 following:
15 (1) Mail notice to the person's address contained in the records of
16 the bureau, or send the notice electronically if the person has
17 indicated a preference for receiving notices from the bureau
18 electronically, stating that the person's driving privileges will be
19 suspended for a specified period, commencing:
20 (A) seven (7) days after the date of the notice; or
21 (B) on the date the court enters an order recommending
22 suspension of the person's driving privileges under section 8(c)
23 of this chapter;
24 whichever occurs first.
25 (2) Notify the person of the right to a judicial review under
26 section 10 of this chapter.
27 SECTION 32. IC 9-30-10-5, AS AMENDED BY P.L.188-2015,
28 SECTION 114, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If it appears from the records
30 maintained by the bureau that a person's driving record makes the
31 person a habitual violator under section 4 of this chapter and a court
32 has not already found the person to be a habitual violator under section
33 6.5 of this chapter based on the same underlying violations, the bureau
34 shall mail a notice to the person's last known address, or send the
35 notice electronically if the person has indicated a preference for
36 receiving notices from the bureau electronically, that informs the
37 person that the person's driving privileges will be suspended in thirty
38 (30) days because the person is a habitual violator according to the
39 records of the bureau.
40 (b) Thirty (30) days after the bureau has mailed a notice under this
41 section, the bureau shall suspend the person's driving privileges for:
42 (1) except as provided in subdivision (2), ten (10) years if the
2024	IN 1162—LS 6594/DI 137 28
1 person is a habitual violator under section 4(a) of this chapter;
2 (2) life if the person is a habitual violator under section 4(a) of
3 this chapter and has at least two (2) violations under section
4 4(a)(4) through 4(a)(7) of this chapter;
5 (3) ten (10) years if the person is a habitual violator under section
6 4(b) of this chapter; or
7 (4) five (5) years if the person is a habitual violator under section
8 4(c) of this chapter.
9 (c) The notice must inform the person that the person may be
10 entitled to relief under IC 9-33-2.
11 (d) Notwithstanding subsection (b), if the bureau does not discover
12 that a person's driving record makes the person a habitual violator
13 under section 4 of this chapter for more than two (2) years after the
14 bureau receives the person's final qualifying conviction, the bureau
15 shall not suspend the person's driving privileges for any period.
16 SECTION 33. IC 9-30-10-16, AS AMENDED BY P.L.188-2015,
17 SECTION 117, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) A person who operates a
19 motor vehicle:
20 (1) while the person's driving privileges are validly suspended
21 under this chapter or IC 9-12-2 (repealed July 1, 1991) and the
22 person knows that the person's driving privileges are suspended;
23 or
24 (2) in violation of restrictions imposed under this chapter or
25 IC 9-12-2 (repealed July 1, 1991) and who knows of the existence
26 of the restrictions;
27 commits a Level 6 felony.
28 (b) Service by the bureau of notice of the suspension or restriction
29 of a person's driving privileges under subsection (a)(1) or (a)(2):
30 (1) in compliance with section 5 of this chapter; and
31 (2) by first class mail, or electronically if the person has
32 indicated a preference for receiving notices from the bureau
33 electronically, to the person at the last address shown for the
34 person in the bureau's records;
35 establishes a rebuttable presumption that the person knows that the
36 person's driving privileges are suspended or restricted.
37 SECTION 34. IC 9-30-13-6, AS AMENDED BY P.L.217-2014,
38 SECTION 150, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The bureau shall, upon
40 receiving an order of a court issued under IC 31-16-12-7 (or
41 IC 31-14-12-4 before its repeal), suspend the driving privileges of the
42 person who is the subject of the order.
2024	IN 1162—LS 6594/DI 137 29
1 (b) The bureau may not reinstate driving privileges suspended under
2 this section until the bureau receives an order allowing reinstatement
3 from the court that issued the order for suspension.
4 (c) Upon receiving an order for suspension under subsection (a), the
5 bureau shall promptly mail a notice to the last known address of the
6 person who is the subject of the order, or send the notice
7 electronically if the person has indicated a preference for receiving
8 notices from the bureau electronically, stating the following:
9 (1) That the person's driving privileges are suspended, beginning
10 eighteen (18) business days after the date the notice is mailed, and
11 that the suspension will terminate ten (10) business days after the
12 bureau receives an order allowing reinstatement from the court
13 that issued the suspension order.
14 (2) That the person has the right to petition for reinstatement of
15 driving privileges to the court that issued the order for suspension.
16 (d) A person who operates a motor vehicle in violation of this
17 section commits a Class A infraction, unless:
18 (1) the person's driving privileges are suspended under this
19 section; and
20 (2) the person has been granted specialized driving privileges
21 under IC 9-30-16 as a result of the suspension under this section.
22 SECTION 35. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
23 SECTION 152, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Upon receiving an order
25 issued by a court under IC 35-43-4-8(b) concerning a person convicted
26 of fuel theft, the bureau shall do the following:
27 (1) Suspend under subsection (b) the driving privileges of the
28 person who is the subject of the order, whether or not the person's
29 current driver's license accompanies the order.
30 (2) Mail to the last known address of the person who is the subject
31 of the order, or send electronically if the person has indicated
32 a preference for receiving notices from the bureau
33 electronically, a notice:
34 (A) stating that the person's driving privileges are being
35 suspended for fuel theft;
36 (B) setting forth the date on which the suspension takes effect
37 and the date on which the suspension terminates; and
38 (C) stating that the person may be granted specialized driving
39 privileges under IC 9-30-16 if the person meets the conditions
40 for obtaining specialized driving privileges.
41 (b) The suspension of the driving privileges of a person who is the
42 subject of an order issued under IC 35-43-4-8(b):
2024	IN 1162—LS 6594/DI 137 30
1 (1) begins five (5) business days after the date on which the
2 bureau mails the notice to the person under subsection (a)(2); and
3 (2) terminates thirty (30) days after the suspension begins.
4 (c) A person who operates a motor vehicle during a suspension of
5 the person's driving privileges under this section commits a Class A
6 infraction unless the person's operation of the motor vehicle is
7 authorized by specialized driving privileges granted to the person under
8 IC 9-30-16.
9 (d) The bureau shall, upon receiving a record of conviction of a
10 person upon a charge of driving a motor vehicle while the driving
11 privileges, permit, or license of the person is suspended, fix the period
12 of suspension in accordance with the order of the court.
13 SECTION 36. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 9. (a) Upon receiving an order issued by a court
16 under IC 9-21-5-11(f) concerning a person who has committed the
17 infraction of violating a worksite speed limit for the second time within
18 one (1) year, the bureau shall do the following:
19 (1) Suspend under subsection (b) the driving privileges of the
20 person who is the subject of the order, whether or not the person's
21 current driver's license accompanies the order.
22 (2) Mail to the last known address of the person who is the subject
23 of the order, or send electronically if the person has indicated
24 a preference for receiving notices from the bureau
25 electronically, a notice:
26 (A) stating that the person's driving privileges are being
27 suspended for a second or subsequent offense of exceeding a
28 worksite speed limit within one (1) year;
29 (B) setting forth the date on which the suspension takes effect
30 and the date on which the suspension terminates; and
31 (C) stating that the person may be granted specialized driving
32 privileges under IC 9-30-16 if the person meets the conditions
33 for obtaining specialized driving privileges.
34 (b) The suspension of the driving privileges of a person who is the
35 subject of an order issued under IC 9-21-5-11(f):
36 (1) begins five (5) business days after the date on which the
37 bureau mails the notice to the person under subsection (a)(2); and
38 (2) terminates sixty (60) days after the suspension begins.
39 (c) A person who operates a motor vehicle during a suspension of
40 the person's driving privileges under this section commits a Class A
41 infraction unless the person's operation of the motor vehicle is
42 authorized by specialized driving privileges granted to the person under
2024	IN 1162—LS 6594/DI 137 31
1 IC 9-30-16.
2 (d) The bureau shall, upon receiving a record of conviction of a
3 person upon a charge of driving a motor vehicle while the driving
4 privileges, permit, or license of the person is suspended, fix the period
5 of suspension in accordance with the order of the court.
6 SECTION 37. IC 9-33-3-1, AS ADDED BY P.L.198-2016,
7 SECTION 632, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies if:
9 (1) the bureau charges a person a fee in an amount greater than
10 required by law and the person pays the fee;
11 (2) the bureau charges a person a fee in error and the person pays
12 the fee; or
13 (3) a person pays a fee in error to the bureau.
14 (b) A person described in subsection (a) may file a claim for a
15 refund with the bureau on a form furnished by the bureau. The claim
16 must:
17 (1) be filed within three (3) years after the date on which the
18 person pays the fee;
19 (2) set forth the amount of the refund that the person is claiming;
20 (3) set forth the reasons the person is claiming the refund; and
21 (4) include any documentation supporting the claim.
22 (c) After considering the claim and all evidence relevant to the
23 claim, the bureau shall issue a decision on the claim, stating the part,
24 if any, of the refund allowed and containing a statement of the reasons
25 for any part of the refund that is denied. The bureau shall mail, or send
26 electronically if the claimant has indicated a preference for
27 receiving notices from the bureau electronically, a copy of the
28 decision to the claimant. However, if the bureau allows the full refund
29 claimed, a warrant for the payment of the claim is sufficient notice of
30 the decision.
31 (d) If a person disagrees with all or part of the bureau's decision, the
32 person may file a petition under IC 9-33-2-3.
2024	IN 1162—LS 6594/DI 137