Indiana 2025 Regular Session

Indiana Senate Bill SB0414 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 414
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-14-13.
7	7	Synopsis: Sale of bureau of motor vehicles information. Prohibits the
8	8	bureau of motor vehicles (BMV) from selling the personal information
9	9	of an individual who: (1) is less than 21 years of age; (2) is 65 years of
10	10	age or older; or (3) opts out of the sale of the individual's personal
11	11	information. Prohibits a person to which the BMV provides such
12	12	information from selling or disclosing the information (sales
13	13	prohibition). Requires the BMV to provide an easily understandable
14	14	and easily accessible means by which an individual may opt out of the
15	15	sale of the individual's personal information. Permits the state board of
16	16	finance, upon approval by the governor, to transfer funds to the BMV
17	17	to offset a shortfall in funding for the BMV that occurs in a state fiscal
18	18	year beginning before July 1, 2027, as a result of the sales prohibition.
19	19	Effective: July 1, 2025.
20	20	Pol Jr.
21	21	January 13, 2025, read first time and referred to Committee on Judiciary.
22	22	2025 IN 414—LS 7226/DI 119 Introduced
23	23	First Regular Session of the 124th General Assembly (2025)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2024 Regular Session of the General Assembly.
33	33	SENATE BILL No. 414
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	motor vehicles.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
38	38	2 SECTION 193, IS AMENDED TO READ AS FOLLOWS
39	39	3 [EFFECTIVE JULY 1, 2025]: Sec. 7. Subject to section 7.1 of this
40	40	4 chapter, the bureau may disclose certain personal information that is
41	41	5 not highly restricted personal information if the person requesting the
42	42	6 information provides proof of identity and represents that the use of the
43	43	7 personal information will be strictly limited to at least one (1) of the
44	44	8 following:
45	45	9 (1) For use by a government agency, including a court or law
46	46	10 enforcement agency, in carrying out its functions, or a person
47	47	11 acting on behalf of a government agency in carrying out its
48	48	12 functions.
49	49	13 (2) For use in connection with matters concerning:
50	50	14 (A) motor vehicle or driver safety and theft;
51	51	15 (B) motor vehicle emissions;
52	52	16 (C) motor vehicle product alterations, recalls, or advisories;
53	53	17 (D) performance monitoring of motor vehicles, motor vehicle
54	54	2025 IN 414—LS 7226/DI 119 2
55	55	1 parts, and dealers;
56	56	2 (E) motor vehicle market research activities, including survey
57	57	3 research;
58	58	4 (F) the removal of nonowner records from the original owner
59	59	5 records of motor vehicle manufacturers; and
60	60	6 (G) motor fuel theft under IC 24-4.6-5.
61	61	7 (3) For use in the normal course of business by a business or its
62	62	8 agents, employees, or contractors, but only:
63	63	9 (A) to verify the accuracy of personal information submitted
64	64	10 by an individual to the business or its agents, employees, or
65	65	11 contractors; and
66	66	12 (B) if information submitted to a business is not correct or is
67	67	13 no longer correct, to obtain the correct information only for
68	68	14 purposes of preventing fraud by pursuing legal remedies
69	69	15 against, or recovering on a debt or security interest against, the
70	70	16 individual.
71	71	17 (4) For use in connection with a civil, a criminal, an
72	72	18 administrative, or an arbitration proceeding in a court or
73	73	19 government agency or before a self-regulatory body, including the
74	74	20 service of process, investigation in anticipation of litigation, and
75	75	21 the execution or enforcement of judgments and orders, or under
76	76	22 an order of a court.
77	77	23 (5) For use in research activities, and for use in producing
78	78	24 statistical reports, as long as the personal information is not
79	79	25 published, redisclosed, or used to contact the individuals who are
80	80	26 the subject of the personal information.
81	81	27 (6) For use by an insurer, an insurance support organization, or a
82	82	28 self-insured entity, or the agents, employees, or contractors of an
83	83	29 insurer, an insurance support organization, or a self-insured entity
84	84	30 in connection with claims investigation activities, anti-fraud
85	85	31 activities, rating, or underwriting.
86	86	32 (7) For use in providing notice to the owners of towed or
87	87	33 impounded vehicles.
88	88	34 (8) For use by a licensed private investigative agency or licensed
89	89	35 security service for a purpose allowed under this section.
90	90	36 (9) For use by an employer or its agent or insurer to obtain or
91	91	37 verify information relating to a holder of a commercial driver's
92	92	38 license that is required under the Commercial Motor Vehicle
93	93	39 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
94	94	40 (10) For use in connection with the operation of private toll
95	95	41 transportation facilities.
96	96	42 (11) For any use in response to requests for individual motor
97	97	2025 IN 414—LS 7226/DI 119 3
98	98	1 vehicle records when the bureau has obtained the written consent
99	99	2 of the person to whom the personal information pertains.
100	100	3 (12) For bulk distribution for surveys, marketing, or solicitations
101	101	4 when the bureau has obtained the written consent of the person to
102	102	5 whom the personal information pertains.
103	103	6 (13) For use by any person, when the person demonstrates, in a
104	104	7 form and manner prescribed by the bureau, that written consent
105	105	8 has been obtained from the individual who is the subject of the
106	106	9 information.
107	107	10 (14) For any other use specifically authorized by law that is
108	108	11 related to the operation of a motor vehicle or public safety.
109	109	12 However, this section does not affect the use of anatomical gift
110	110	13 information on a person's driver's license or identification document
111	111	14 issued by the bureau, nor does this section affect the administration of
112	112	15 anatomical gift initiatives in Indiana.
113	113	16 SECTION 2. IC 9-14-13-7.1 IS ADDED TO THE INDIANA CODE
114	114	17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
115	115	18 1, 2025]: Sec. 7.1. (a) The bureau may not sell the personal
116	116	19 information of an individual who:
117	117	20 (1) is less than twenty-one (21) years of age;
118	118	21 (2) is sixty-five (65) years of age or older; or
119	119	22 (3) opts out of the sale of the individual's personal
120	120	23 information.
121	121	24 (b) The bureau shall provide an:
122	122	25 (1) easily understandable; and
123	123	26 (2) easily accessible;
124	124	27 means by which an individual may opt out of the sale of the
125	125	28 individual's personal information for purposes of subsection (a).
126	126	29 SECTION 3. IC 9-14-13-10, AS ADDED BY P.L.198-2016,
127	127	30 SECTION 193, IS AMENDED TO READ AS FOLLOWS
128	128	31 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) An authorized recipient of
129	129	32 personal information under section 7 of this chapter may not sell,
130	130	33 resell, disclose, or redisclose personal information described in
131	131	34 section 7.1(a) of this chapter.
132	132	35 (a) (b) Except as provided in subsection (a), an authorized
133	133	36 recipient of personal information, except a recipient under section
134	134	37 7(11) or 7(12) of this chapter, may resell or redisclose the information
135	135	38 for any use allowed under section 7 of this chapter, except for a use
136	136	39 under section 7(11) or 7(12) of this chapter.
137	137	40 (b) (c) Except as provided in subsection (a), an authorized
138	138	41 recipient of a record under section 7(11) of this chapter may resell or
139	139	42 redisclose personal information for any purpose.
140	140	2025 IN 414—LS 7226/DI 119 4
141	141	1 (c) (d) Except as provided in subsection (a), an authorized
142	142	2 recipient of personal information under IC 9-14-12-8 and section 7(12)
143	143	3 of this chapter may resell or redisclose the personal information for use
144	144	4 only in accordance with section 7(12) of this chapter.
145	145	5 (d) (e) Except for a recipient under section 7(11) of this chapter, a
146	146	6 recipient who resells or rediscloses personal information is required to
147	147	7 maintain and make available for inspection to the bureau, upon request,
148	148	8 for at least five (5) years, records concerning:
149	149	9 (1) each person that receives the information; and
150	150	10 (2) the permitted use for which the information was obtained.
151	151	11 SECTION 4. [EFFECTIVE JULY 1, 2025] (a) As used in this
152	152	12 SECTION, "bureau" refers to the bureau of motor vehicles
153	153	13 created by IC 9-14-7-1.
154	154	14 (b) Upon approval by the governor, the state board of finance
155	155	15 may transfer money among funds or otherwise transfer, assign, or
156	156	16 reassign one (1) or more appropriations or parts of appropriations
157	157	17 to the bureau for the purpose of offsetting a shortfall in funding for
158	158	18 the bureau that occurs in a state fiscal year beginning before July
159	159	19 1, 2027, as a result of the enactment of IC 9-14-13-7.1, as added by
160	160	20 this act.
161	161	21 (c) This SECTION expires July 1, 2027.
162	162	2025 IN 414—LS 7226/DI 119