HOUSE BILL No. 1130
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-24.
Synopsis: Renewal of driver's license after military service. Provides
that if an individual is temporarily residing outside Indiana because of
service in the armed forces of the United States, the individual's driver's
license (which includes any type of license authorizing the operation
of a motor vehicle on public streets and highways), despite expiring,
remains valid for 90 days following the individual's discharge from
service in the armed forces. (Current law similarly provides for a 90
day period of post-discharge validity, but it applies only to an
individual's operator's license.) Provides for certain exceptions
applying to the operation of certain vehicles during the 90 day period.
Makes a technical correction.
Effective: July 1, 2009.
January 12, 2009, read first time and referred to Committee on Veterans Affairs and Public
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1130
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-24-4-4; (09)IN1130.1.1. -->
SECTION 1. IC 9-24-4-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4. Except as provided in
IC 9-24-12-6(f), a chauffeur's license entitles the licensee to operate a
motor vehicle, except a motorcycle, upon a public highway. A
chauffeur's license does not entitle the licensee to operate a motor
vehicle as a public passenger chauffeur.
SOURCE: IC 9-24-6-2; (09)IN1130.1.2. -->
SECTION 2. IC 9-24-6-2, AS AMENDED BY P.L.188-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) The bureau shall adopt rules under
IC 4-22-2 to regulate persons required to hold a commercial driver's
(b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49
U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49
CFR 383 through 384, and may not be more restrictive than the federal
Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 106-159, 113 Stat. 1748).
(c) Rules adopted under this section must include the following:
(1) Establishment of classes and periods of validation of
commercial driver's licenses, including the period set forth in
(2) Standards for commercial driver's licenses, including
suspension and revocation procedures.
(3) Requirements for documentation of eligibility for legal
employment, as set forth in 8 CFR 274a.2, and proof of Indiana
(4) Development of written or oral tests, driving tests, and fitness
(5) Defining the commercial driver's licenses by classification and
the information to be contained on the licenses, including a
unique identifier of the holder.
(6) Establishing fees for the issuance of commercial driver's
licenses, including fees for testing and examination.
(7) Procedures for the notification by the holder of a commercial
driver's license to the bureau and the driver's employer of
pointable traffic offense convictions.
(8) Conditions for reciprocity with other states, including
requirements for a written commercial driver's license test and
operational skills test, and a hazardous materials endorsement
written test and operational skills test, before a license may be
(9) Other rules necessary to administer this chapter.
(d) 49 CFR 383 through 384 are adopted as Indiana law.
SOURCE: IC 9-24-12-6; (09)IN1130.1.3. -->
SECTION 3. IC 9-24-12-6, AS AMENDED BY P.L.184-2007,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6. (a) As used in this section, "good cause"
includes the following:
(1) Temporarily residing at least fifty (50) miles outside the
boundaries of Indiana.
(2) Serving in the armed forces of the United States.
(b) The bureau may renew a valid Indiana operator's license held by
an individual temporarily residing outside Indiana if the applicant does
(1) Shows good cause why the license cannot be renewed within
(2) Submits a completed application provided by the bureau and
payment of the fee required in IC 9-29-9.
(3) Submits a written affidavit that affirms that no source
document upon which the operator's license was issued has
changed or been altered since the prior issuance of the operator's
(c) The Indiana operator's license of an individual who is
temporarily residing outside Indiana remains valid for thirty (30) days
beyond the expiration date of that license if the individual meets the
(1) Has applied for a renewal of the license.
(2) Has not been denied a renewal of the license by the bureau.
(d) Upon receiving an application for the renewal of an Indiana
operator's license from an individual temporarily residing outside
Indiana, the bureau shall do the following:
(1) Either renew or deny the renewal of the license within ten (10)
(2) Notify the individual of the decision.
(e) When the Indiana
operator's driver's license of an individual
who is temporarily residing outside Indiana because of service in the
armed forces of the United States has expired, the driver's license
remains valid for ninety (90) days following the person's individual's
discharge from service in the armed forces. To obtain a renewed
driver's license, the individual must do the following:
(1) Apply for a renewal of the
operator's driver's license during
the ninety (90) day period following the individual's discharge.
(2) Show proof of the individual's discharge from service in the
armed forces to the bureau when applying for the renewal.
(f) Notwithstanding the extension of the validity of an
individual's driver's license for a ninety (90) day period under
subsection (e), the individual is not authorized during the period of
(1) to operate a commercial motor vehicle;
(2) to operate a motor vehicle as a chauffeur or public
passenger chauffeur; or
(3) to operate a motor vehicle for hire.