Introduced Version






HOUSE BILL No. 1587

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2-30.5; IC 9-14-3-5; IC 9-24; IC 9-29; IC 34-30-2-31.5; IC 35-43-5-2; IC 35-48-7-5; IC 35-51-9-1.

Synopsis: Commercial identification cards from the BMV. Requires the bureau of motor vehicles (BMV) to issue commercial identification cards that do not bear the photograph of the holder, to be used for the limited purpose of commercial transactions. Specifies that a commercial identification card may not be accepted by a federal agency or for a federal purpose, or to operate a motor vehicle. Sets a fee of $6 for the issuance, renewal, amendment, or replacement of a commercial identification card. Makes technical corrections.

Effective: July 1, 2013.





Ober, Lehman, Battles, Austin




    January 23, 2013, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 118th General Assembly (2013)


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 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1587



    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:

SOURCE: IC 9-13-2-30.5; (13)IN1587.1.1. -->     SECTION 1. IC 9-13-2-30.5 IS ADDED TO THE INDIANA CODE ASA NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 30.5. "Commercial identification card" means an identification card issued by the bureau for the limited purpose of commercial transactions.
SOURCE: IC 9-14-3-5; (13)IN1587.1.2. -->     SECTION 2. IC 9-14-3-5, AS AMENDED BY P.L.125-2012, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in subsection (b), (d), or (e), the bureau shall prepare and deliver information on titles, registrations, and licenses and permits upon the request of any person. All requests must be:
        (1) submitted in writing; or
        (2) made electronically through the computer gateway administered under IC 4-13.1-2-2(a)(5) by the office of technology;
to the bureau and, unless exempted under IC 9-29, must be accompanied by the payment of the fee prescribed in IC 9-29-2-2.
    (b) The bureau shall not disclose:
        (1) the Social Security number;
        (2) the federal identification number;
        (3) the driver's license number;
        (4) the digital image of the driver's license applicant;
        (5) a reproduction of the signature secured under IC 9-24-9-1, or IC 9-24-16-3, or IC 9-24-16.5-2; or
        (6) medical or disability information;
of any person except as provided in subsection (c).
    (c) The bureau may disclose any information listed in subsection (b):
        (1) to a law enforcement officer;
        (2) to an agent or a designee of the department of state revenue;
        (3) for uses permitted under IC 9-14-3.5-10(1), IC 9-14-3.5-10(4), IC 9-14-3.5-10(6), and IC 9-14-3.5-10(9); or
        (4) for voter registration and election purposes required under IC 3-7 or IC 9-24-2.5.
    (d) As provided under 42 U.S.C. 1973gg-3(b), the bureau may not disclose any information concerning the failure of an applicant for a motor vehicle driver's license to sign a voter registration application, except as authorized under IC 3-7-14.
    (e) The bureau may not disclose any information concerning the failure of an applicant for a title, registration, license, or permit (other than a motor vehicle license described under subsection (d)) to sign a voter registration application, except as authorized under IC 3-7-14.
SOURCE: IC 9-24-11-4; (13)IN1587.1.3. -->     SECTION 3. IC 9-24-11-4, AS AMENDED BY P.L.184-2007, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) An individual may not have more than one (1) valid driver's license at a time.
    (b) An individual may not hold a driver's license and an identification card issued under IC 9-24-16 at the same time.
     (c) An individual may not hold a driver's license and a commercial identification card issued under IC 9-24-16.5 at the same time.
SOURCE: IC 9-24-12-4; (13)IN1587.1.4. -->     SECTION 4. IC 9-24-12-4, AS AMENDED BY P.L.109-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Except as provided in subsections (b) and (c), the application for renewal of:
        (1) an operator's license;
        (2) a chauffeur's license;
        (3) a public passenger chauffeur's license; or
        (4) an identification card; or
        (5) a commercial identification card;

under this article may be filed not more than twelve (12) months before the expiration date of the license, or identification card, or commercial identification card held by the applicant.
    (b) When the applicant complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(10), an application for renewal of a driver's license in subsection (a)(1), (a)(2), or (a)(3) may be filed not more than one (1) month before the expiration date of the license held by the applicant.
    (c) When the applicant complies with IC 9-24-16-3.5(1)(E) through IC 9-24-16-3.5(1)(J), an application for renewal of an identification card in subsection (a)(5) (a)(4) may be filed not more than one (1) month before the expiration date of the identification card held by the applicant.
SOURCE: IC 9-24-16-0.5; (13)IN1587.1.5. -->     SECTION 5. IC 9-24-16-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. This chapter does not apply to commercial identification cards.
SOURCE: IC 9-24-16-14; (13)IN1587.1.6. -->     SECTION 6. IC 9-24-16-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) An individual may not hold an identification card and a commercial identification card issued under IC 9-24-16.5 at the same time.
    (b) An individual who violates this section commits a Class C infraction.

SOURCE: IC 9-24-16.5; (13)IN1587.1.7. -->     SECTION 7. IC 9-24-16.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 16.5. Commercial Identification Cards
    Sec. 1.    The bureau shall issue a commercial identification card to an individual who meets the following conditions:
        (1) Makes an application.
        (2) Is a resident of Indiana.
    Sec. 2. (a) An application for a commercial identification card issued under this chapter must require the following information concerning an applicant:
        (1) The full legal name of the applicant.
        (2) The applicant's date of birth.
        (3) The gender of the applicant.
        (4) The applicant's height, weight, hair color, and eye color.
        (5) The principal address and mailing address of the applicant.
        (6) A:
            (A) valid Social Security number;
            (B) verification of an applicant's ineligibility to be issued a Social Security number; or
            (C) statement from the applicant wherein the applicant swears or affirms that the applicant has a sincerely held religious belief against the issuance of a Social Security number to the applicant and a copy of Form 4029 from the United States Internal Revenue Service concerning the applicant.
        (7) The signature of the applicant.
        (8) A statement:
            (A) from the applicant in which the applicant swears or affirms that the applicant has a sincerely held religious belief against the taking of a photograph of the applicant; and
            (B) from a member of the clergy of the religious organization of which the applicant is a member regarding the prohibition of photography of members of the religious organization.
The bureau shall maintain records of the information provided under subdivisions (1) through (8).
    (b) The bureau may invalidate a commercial identification card that the bureau believes to have been issued as a result of fraudulent documentation.
    (c) The bureau:
        (1) shall adopt rules under IC 4-22-2 to establish a procedure to verify an applicant's identity; and
        (2) may adopt rules to establish a procedure to temporarily invalidate a commercial identification card that the bureau believes to have been issued based on fraudulent documentation.
    Sec. 3. (a) A commercial identification card must have the same dimensions and shape as a driver's license and an identification card issued under IC 9-24-16, but the commercial identification card must have markings sufficient to distinguish the card from a driver's license or an identification card.
    (b) The front side of a commercial identification card must contain the expiration date of the commercial identification card and the following information about the individual to whom the card is being issued:
        (1) Full legal name.
        (2) The address of the principal residence.
        (3) Date of birth.
        (4) Date of issue and date of expiration.
        (5) Unique identification number.
        (6) Gender.
        (7) Weight.
        (8) Height.

        (9) Color of eyes and hair.
        (10) Reproduction of the signature of the individual identified.
        (11) If the individual is less than eighteen (18) years of age at the time of issuance, the dates on which the individual will become:
            (A) eighteen (18) years of age; and
            (B) twenty-one (21) years of age.
        (12) If the individual is at least eighteen (18) years of age but less than twenty-one (21) years of age at the time of issuance, the date on which the individual will become twenty-one (21) years of age.
    (c) The information contained on the commercial identification card as required by subsection (b)(11) or (b)(12) for an individual who is less than twenty-one (21) years of age at the time of issuance must be printed prominently on the commercial identification card.
    Sec. 4. A commercial identification card must include a statement on the card that indicates that the commercial identification card may not be accepted by any federal agency for federal identification or any other federal purpose.
    Sec. 5. (a) A commercial identification card expires at midnight of the birthday of the holder that occurs six (6) years following the date of issuance.
    (b) An application for renewal of a commercial identification card may be made not more than twelve (12) months before the expiration date of the card.
    (c) A renewed commercial identification card is valid on the birth date of the holder and remains valid for six (6) years.
    (d) Renewal may not be granted if the cardholder was issued a driver's license or an identification card after the last issuance of a commercial identification card.
    Sec. 6. (a) The bureau shall issue:
        (1) an amended commercial identification card if any information contained on the commercial identification card becomes invalid or obsolete; or
        (2) a replacement commercial identification card if the card

is lost, stolen, damaged, or destroyed.
    (b) If information on a commercial identification card becomes invalid or obsolete, the holder shall, within thirty (30) days after the card becomes invalid or obsolete, apply for an amended card containing correct information.
    (c) If a commercial identification card is destroyed or damaged, the holder may apply for a replacement card.
    Sec. 7. The bureau may adopt rules under IC 4-22-2 and prescribe all forms necessary to implement this chapter.
    Sec. 8. A commercial identification card issued under this chapter may not be used to identify the individual who holds the commercial identification card as the operator of a motor vehicle.
    Sec. 9. (a) An individual may not hold a commercial identification card and an identification card issued under IC 9-24-16 at the same time.
    (b) An individual who violates this section commits a Class C infraction.
    Sec. 10. (a) A person who:
        (1) knowingly permits the use of a commercial identification card issued under this chapter by a person other than the person to whom the card was issued;
        (2) knowingly displays or represents as the person's own commercial identification card issued under this chapter a commercial identification card that was not issued to the person displaying the card;
        (3) knowingly or intentionally does not surrender, upon demand of the proper official, a commercial identification card issued under this chapter that has become invalid or expired; or
        (4) knowingly sells, offers to sell, buys, possesses, or offers a false identification card that could reasonably be mistaken for a valid commercial identification card required by this chapter to be issued by the bureau but that has not been issued by the bureau;
commits a Class B misdemeanor.
    (b) A person who:
        (1) knowingly or intentionally uses false information in an application:
            (A) for a commercial identification card issued under this chapter; or
            (B) for a renewal, amendment, or replacement of a commercial identification card issued under this chapter;

or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for a commercial identification card issued under this chapter;
commits application fraud, a Class D felony.
    Sec. 11. A person who forges or reproduces a commercial identification card issued under this chapter:
        (1) with intent to use the commercial identification card; or
        (2) with intent that the commercial identification card may be used by another person;
commits a Class B misdemeanor.
    Sec. 12. The commissioner and the employees or agents of the bureau are not civilly responsible for the validity of information contained on a commercial identification card issued under this chapter. The bureau may adopt rules under IC 4-22-2 to place an appropriate disclaimer on a commercial identification card.

SOURCE: IC 9-29-3-14; (13)IN1587.1.8. -->     SECTION 8. IC 9-29-3-14, AS AMENDED BY P.L.1-2007, SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) Fifty cents ($0.50) of each service charge collected under this section shall be deposited in the state motor vehicle technology fund established by IC 9-29-16-1.
    (b) The service charge for an identification card issued under IC 9-24 IC 9-24-16 is seventy-five cents ($0.75) and one-half (1/2) of each fee collected as set forth in IC 9-29-9-15. IC 9-29-9-15(a).
     (c) The service charge for a commercial identification card issued under IC 9-24-16.5 is seventy-five cents ($0.75) and one-half (1/2) of each fee collected as set forth in IC 9-29-9-15(b).
SOURCE: IC 9-29-9-15; (13)IN1587.1.9. -->     SECTION 9. IC 9-29-9-15, AS AMENDED BY P.L.109-2011, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) The fees for the issuance, renewal, amendment, or replacement of an identification card under IC 9-24-16 are as follows:
        (1) For an individual at least sixty-five (65) years of age or an individual with a physical disability and not entitled to obtain a driver's license, three dollars and fifty cents ($3.50).
        (2) For any other individual, six dollars ($6).
     (b) The fee for the issuance, renewal, amendment, or replacement of a commercial identification card under IC 9-24-16.5 is six dollars ($6).
SOURCE: IC 34-30-2-31.5; (13)IN1587.1.10. -->     SECTION 10. IC 34-30-2-31.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31.5. IC 9-24-16.5-12 (Concerning

the commissioner, employees, and agents of the bureau of motor vehicles for the validity of the information contained on commercial identification cards).

SOURCE: IC 35-43-5-2; (13)IN1587.1.11. -->     SECTION 11. IC 35-43-5-2, AS AMENDED BY P.L.106-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A person who knowingly or intentionally:
        (1) makes or utters a written instrument in such a manner that it purports to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority; or
        (2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
    (b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
        (1) by another person;
        (2) at another time;
        (3) with different provisions; or
        (4) by authority of one who did not give authority;
commits forgery, a Class C felony.
    (c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48). A person who:
        (1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or for a renewal or a duplicate of a driver's license; or
        (2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license;
commits application fraud, a Class D felony.
    (d) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:
        (1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;
commits application fraud, a Class D felony.
    (e) This subsection applies to a person who applies for a commercial identification card (as issued under IC 9-24-16.5). A person who:
        (1) knowingly or intentionally uses false information in an application for a commercial identification card or for a renewal or duplicate of a commercial identification card; or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for a commercial identification card;
commits application fraud, a Class D felony.

SOURCE: IC 35-48-7-5; (13)IN1587.1.12. -->     SECTION 12. IC 35-48-7-5, AS AMENDED BY P.L.204-2005, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. As used in this chapter, "identification number" refers to the following:
        (1) The unique number contained on any of the following:
            (A) A valid driver's license of a recipient or a recipient's representative issued under Indiana law or the law of any other state.
            (B) A recipient's or a recipient representative's valid military identification card.
            (C) A valid identification card of a recipient or a recipient's representative issued by:
                (i) the bureau of motor vehicles as described in IC 9-24-16-3; or
                (ii) any other state and that is similar to the identification card issued by the bureau of motor vehicles.
             (D) A valid commercial identification card of a recipient or a recipient's representative issued by:
                (i) the bureau of motor vehicles as described in IC 9-24-16.5-1; or
                (ii) any other state and that is similar to the commercial identification card issued by the bureau of motor vehicles.

            (D) (E) If the recipient is an animal:
                (i) the valid driver's license issued under Indiana law or the law of any other state;
                (ii) the valid military identification card; or
                (iii) the valid identification card issued by the bureau of

motor vehicles and described in IC 9-24-16-3 or a valid identification card of similar description that is issued by any other state;
            of the animal's owner.
        (2) The identification number or phrase designated by the central repository.

SOURCE: IC 35-51-9-1; (13)IN1587.1.13. -->     SECTION 13. IC 35-51-9-1, AS AMENDED BY P.L.125-2012, SECTION 417, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 9:
        IC 9-14-3.5-15 (Concerning bureau of motor vehicles).
        IC 9-14-5-9 (Concerning parking placards for persons with physical disabilities).
        IC 9-17-2-15 (Concerning certificates of title).
        IC 9-17-2-16 (Concerning certificates of title).
        IC 9-17-3-3.2 (Concerning certificates of title).
        IC 9-17-3-7 (Concerning certificates of title).
        IC 9-17-4-6 (Concerning certificates of title).
        IC 9-18-2-42 (Concerning motor vehicle registration and license plates).
        IC 9-18-2-44 (Concerning motor vehicle registration and license plates).
        IC 9-18-2-45 (Concerning motor vehicle registration and license plates).
        IC 9-18-4-8 (Concerning motor vehicle registration and license plates).
        IC 9-18-8-11 (Concerning motor vehicle registration and license plates).
        IC 9-18-8-12 (Concerning motor vehicle registration and license plates).
        IC 9-18-8-13 (Concerning motor vehicle registration and license plates).
        IC 9-18-8-14 (Concerning motor vehicle registration and license plates).
        IC 9-18-8-15 (Concerning motor vehicle registration and license plates).
        IC 9-18-13-9 (Concerning motor vehicle registration and license plates).
        IC 9-18-22-6 (Concerning motor vehicle registration and license plates).
        IC 9-18-26-11 (Concerning motor vehicle registration and license plates).
        IC 9-18-26-13 (Concerning motor vehicle registration and license plates).
        IC 9-18-27-9 (Concerning motor vehicle registration and license plates).
        IC 9-19-9-5 (Concerning motor vehicle equipment).
        IC 9-19-10.5-4 (Concerning motor vehicle equipment).
        IC 9-19-10.5-5 (Concerning motor vehicle equipment).
        IC 9-20-18-4 (Concerning motor vehicle size and weight regulation).
        IC 9-21-5-13 (Concerning traffic regulation).
        IC 9-21-6-3 (Concerning traffic regulation).
        IC 9-21-8-50 (Concerning traffic regulation).
        IC 9-21-8-52 (Concerning traffic regulation).
        IC 9-21-8-55 (Concerning traffic regulation).
        IC 9-21-8-56 (Concerning traffic regulation).
        IC 9-21-8-58 (Concerning traffic regulation).
        IC 9-21-12-9 (Concerning traffic regulation).
        IC 9-21-12-11 (Concerning traffic regulation).
        IC 9-22-1-21.5 (Concerning liens for vehicles).
        IC 9-22-3-31 (Concerning abandoned, salvaged, and scrap vehicles).
        IC 9-22-3-32 (Concerning abandoned, salvaged, and scrap vehicles).
        IC 9-22-3-33 (Concerning abandoned, salvaged, and scrap vehicles).
        IC 9-22-6-3 (Concerning mechanic's liens for vehicles).
        IC 9-23-6-1 (Concerning vehicle manufacturers, distributors, and dealers).
        IC 9-24-1-8 (Concerning driver's licenses).
        IC 9-24-6-16 (Concerning driver's licenses).
        IC 9-24-6-17 (Concerning driver's licenses).
        IC 9-24-11-8 (Concerning driver's licenses).
        IC 9-24-15-11 (Concerning driver's licenses).
        IC 9-24-16-12 (Concerning driver's licenses). identification cards).
        IC 9-24-16-13 (Concerning driver's licenses). identification cards).
         IC 9-24-16.5-10 (Concerning commercial identification cards).
        IC 9-24-16.5-11 (Concerning commercial identification cards).

        IC 9-24-18-1 (Concerning driver's licenses).
        IC 9-24-18-2 (Concerning driver's licenses).
        IC 9-24-18-7 (Concerning driver's licenses).
        IC 9-24-19-2 (Concerning driver's licenses).
        IC 9-24-19-3 (Concerning driver's licenses).
        IC 9-24-19-4 (Concerning driver's licenses).
        IC 9-25-6-18 (Concerning financial responsibility).
        IC 9-25-8-2 (Concerning financial responsibility).
        IC 9-26-1-8 (Concerning accidents and accident reports).
        IC 9-26-1-9 (Concerning accidents and accident reports).
        IC 9-26-6-4 (Concerning accidents and accident reports).
        IC 9-30-4-7 (Concerning licenses and registrations).
        IC 9-30-4-8 (Concerning licenses and registrations).
        IC 9-30-4-13 (Concerning licenses and registrations).
        IC 9-30-5-1 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-2 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-3 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-4 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-5 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-7 (Concerning operating a vehicle while intoxicated).
        IC 9-30-5-8 (Concerning operating a vehicle while intoxicated).
        IC 9-30-6-8.7 (Concerning implied consent).
        IC 9-30-9-7.5 (Concerning alcohol abuse deterrent programs).
        IC 9-30-10-16 (Concerning habitual violator of traffic laws).
        IC 9-30-10-17 (Concerning habitual violator of traffic laws).
        IC 9-30-10-17.5 (Concerning habitual violator of traffic laws).
        IC 9-31-2-26 (Concerning watercraft titling and registration).
        IC 9-31-2-27 (Concerning watercraft titling and registration).
        IC 9-31-2-28 (Concerning watercraft titling and registration).