CHAPTER 16. IDENTIFICATION CARDS FOR NONDRIVERS
IC 9-24-16
Chapter 16. Identification Cards for Nondrivers
IC 9-24-16-1
Issuance; conditions; documentary evidence of status of legalpresence in the United States
Sec. 1. The bureau shall issue an identification card to anindividual who meets the following conditions:
(1) Makes an application.
(2) Is a resident of Indiana.
(3) Has presented valid documentary evidence to the bureau ofthe individual's legal status in the United States, as required bysection 3.5 of this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.127-1993, SEC.4;P.L.184-2007, SEC.47.
IC 9-24-16-2
Application; conditions; required information; temporaryinvalidation for fraudulent documentation; address confidentialityprogram participants
Sec. 2. (a) Before January 1, 2008, an application for anidentification card issued under this chapter must meet the followingconditions:
(1) Made upon an approved form provided by the bureau, whichshall include the mailing address, and if different from themailing address, the residence address of the applicant.
(2) Verified by the applicant before a person authorized toadminister oaths and affirmations.
(b) Except as provided in subsection (e), after December 31, 2007,an application for an identification card issued under this chaptermust 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; or
(B) verification of an applicant's:
(i) ineligibility to be issued a Social Security number; and
(ii) identity and lawful status.
The bureau shall maintain records of the information provided undersubdivisions (1) through (6).
(c) The bureau may temporarily invalidate an identification cardthat it believes to have been issued as a result of fraudulentdocumentation.
(d) The bureau:
(1) shall adopt rules under IC 4-22-2 to establish a procedure toverify an applicant's identity and lawful status; and
(2) may adopt rules to establish a procedure to temporarily
invalidate an identification card that it believes to have beenissued based on fraudulent documentation.
(e) For purposes of subsection (b), an individual certified as aprogram participant in the address confidentiality program underIC 5-26.5 is not required to provide the individual's principal addressand mailing address, but may provide an address designated by theoffice of the attorney general under IC 5-26.5 as the individual'sprincipal address and mailing address.
As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.14;P.L.184-2007, SEC.48.
IC 9-24-16-3
Appearance and contents; digital photograph; medical conditiondesignation; acceptance for federal purposes; identification cardissued to certain individuals temporary; address confidentialityprogram participants
Sec. 3. (a) An identification card must have the same dimensionsand shape as a driver's license, but the card must have markingssufficient to distinguish the card from a driver's license.
(b) Except as provided in subsection (g), the front side of anidentification card must contain the expiration date of theidentification card and the following information about the individualto 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) Whether the individual is blind (as defined inIC 12-7-2-21(1)).
(12) If the individual is less than eighteen (18) years of age atthe time of issuance, the dates on which the individual willbecome:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age butless 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.
(14) Digital photograph of the individual.
(c) The information contained on the identification card asrequired by subsection (b)(12) or (b)(13) for an individual who isless than twenty-one (21) years of age at the time of issuance shall beprinted prominently on the permit or license.
(d) If the applicant for an identification card submits information
to the bureau concerning the applicant's medical condition, thebureau shall place an identifying symbol on the face of theidentification card to indicate that the applicant has a medicalcondition of note. The bureau shall include information on theidentification card that briefly describes the medical condition of theholder of the card. The information must be printed in a manner thatalerts a person reading the card to the existence of the medicalcondition. The applicant for an identification card is responsible forthe accuracy of the information concerning the medical conditionsubmitted under this subsection. The bureau shall inform anapplicant that submission of information under this subsection isvoluntary.
(e) An identification card issued by the state that does not requirea digital photograph must include a statement that the identificationcard may not be accepted by any federal agency for federalidentification or any other federal purpose.
(f) An identification card issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or hasnonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporaryprotected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that ofan alien lawfully admitted for permanent residence in theUnited States or conditional permanent residence status in theUnited States;
must be clearly identified as a temporary identification card. Atemporary identification card issued under this subsection may notbe renewed without the presentation of valid documentary evidenceproving that the holder of the identification card's temporary statushas been extended.
(g) For purposes of subsection (b), an individual certified as aprogram participant in the address confidentiality program underIC 5-26.5 is not required to provide the address of the individual'sprincipal residence, but may provide an address designated by theoffice of the attorney general under IC 5-26.5 as the address of theindividual's principal residence.
As added by P.L.2-1991, SEC.12. Amended by P.L.2-1992, SEC.88;P.L.39-2000, SEC.15; P.L.42-2001, SEC.2; P.L.176-2001, SEC.16;P.L.1-2002, SEC.47; P.L.34-2003, SEC.3; P.L.86-2005, SEC.2;P.L.123-2005, SEC.4; P.L.37-2006, SEC.2; P.L.184-2007, SEC.49;P.L.76-2009, SEC.9; P.L.162-2009, SEC.7.
IC 9-24-16-3.5
Documentary evidence; status of legal presence in the UnitedStates; Social Security number
Sec. 3.5. In addition to the information required for the applicantfor an identification card under section 3 of this chapter, the bureaushall require an applicant to present to the bureau: (1) valid documentary evidence that the applicant:
(A) is a citizen or national of the United States;
(B) is an alien lawfully admitted for permanent residence inthe United States;
(C) has conditional permanent resident status in the UnitedStates;
(D) has an approved application for asylum in the UnitedStates or has entered into the United States in refugee status;
(E) is an alien lawfully admitted for temporary residence inthe United States;
(F) has a valid unexpired nonimmigrant visa ornonimmigrant visa status for entry into the United States;
(G) has a pending application for asylum in the UnitedStates;
(H) has a pending or approved application for temporaryprotected status in the United States;
(I) has approved deferred action status; or
(J) has a pending application for adjustment of status to thatof an alien lawfully admitted for permanent residence in theUnited States or conditional permanent resident status in theUnited States; and
(2) evidence of the Social Security number of the applicant. Iffederal law prohibits the issuance of a Social Security numberto the applicant, the applicant must provide verification of theapplicant's ineligibility to be issued a Social Security number.
As added by P.L.184-2007, SEC.50. Amended by P.L.76-2009,SEC.10; P.L.162-2009, SEC.8.
IC 9-24-16-4
Expiration
Sec. 4. (a) Except as provided in subsection (b), an identificationcard issued:
(1) before January 1, 2006, expires on the fourth birthday of theapplicant following the date of issue; and
(2) after December 31, 2005, expires at midnight of the birthdayof the holder that occurs six (6) years following the date ofissuance.
(b) An identification card issued under this article after December31, 2007, to an applicant who complies with section 3.5(1)(E)through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is noexpiration date on the authorization granted to the individual toremain in the United States; or
(2) if there is an expiration date on the authorization granted tothe individual to remain in the United States, the earlier of thefollowing:
(A) At midnight of the date the authorization of the holderto be a legal permanent resident or conditional resident alienof the United States expires.
(B) At midnight of the birthday of the holder that occurs six
(6) years after the date of issuance.
As added by P.L.2-1991, SEC.12. Amended by P.L.210-2005,SEC.47; P.L.184-2007, SEC.51; P.L.76-2009, SEC.11;P.L.162-2009, SEC.9.
IC 9-24-16-4.5
Renewal or duplicate identification card by electronic service
Sec. 4.5. (a) The bureau may adopt rules under IC 4-22-2concerning the ability of an individual to renew an identification cardunder section 5 of this chapter or apply for a duplicate identificationcard under section 6, 8, or 9 of this chapter by electronic service. Ifrules are adopted under this subsection, the rules must provide thatan individual's renewal or duplication of an identification card byelectronic service is subject to the following conditions:
(1) A valid computerized image or digital photograph of theindividual must exist within the records of the bureau.
(2) The individual must be a citizen of the United States, asshown in the records of the bureau.
(b) An individual applying for:
(1) the renewal of an identification card; or
(2) a duplicate identification card;
must apply in person at a license branch if the individual is notentitled to apply by mail or by electronic service under rules adoptedunder subsection (a).
As added by P.L.87-2010, SEC.34.
IC 9-24-16-5
Renewal; expiration of renewed identification card of individualspresent in United States with certain status
Sec. 5. (a) An application for renewal of an identification cardmay be made not more than twelve (12) months before the expirationdate of the card. However, when the applicant complies with section3.5(1)(E) through 3.5(1)(J) of this chapter, an application for renewalof an identification card may be filed not more than one (1) monthbefore the expiration date of the identification card held by theapplicant. A renewal application received after the date of expirationis considered to be a new application.
(b) Except as provided in subsection (e), a renewed card is validon the birth date of the holder and remains valid for six (6) years.
(c) If renewal has not been made within six (6) months afterexpiration, the bureau shall destroy all records pertaining to theformer cardholder.
(d) Renewal may not be granted if the cardholder was issued adriver's license subsequent to the last issuance of an identificationcard.
(e) A renewed identification card issued under this article afterDecember 31, 2007, to an applicant who complies with section3.5(1)(E) through 3.5(1)(J) of this chapter expires:
(1) at midnight one (1) year after issuance, if there is noexpiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted tothe individual to remain in the United States, the earlier of thefollowing:
(A) At midnight of the date the authorization of the holderto be a legal permanent resident or conditional resident alienof the United States expires.
(B) At midnight of the birthday of the holder that occurs six(6) years after the date of issuance.
As added by P.L.2-1991, SEC.12. Amended by P.L.176-2001,SEC.17; P.L.210-2005, SEC.48; P.L.184-2007, SEC.52;P.L.76-2009, SEC.12; P.L.162-2009, SEC.10; P.L.87-2010, SEC.35.
IC 9-24-16-6
Duplicate card; conditions
Sec. 6. The bureau shall issue a duplicate identification card if anyof the following conditions exist:
(1) Any information contained on the card becomes invalid orobsolete.
(2) The card is lost, stolen, damaged, or destroyed.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-7
Invalid or obsolete information; application for duplicate card
Sec. 7. If information on an identification card becomes invalid orobsolete, the holder shall, within thirty (30) days, apply for aduplicate card containing correct information.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-8
Lost or stolen cards; notification of bureau; issuance of duplicatecard
Sec. 8. If an identification card is lost or stolen, the holder shall,within twenty-four (24) hours, contact the nearest branch of thebureau. The bureau shall issue a duplicate card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-9
Destroyed or damaged cards; application for duplicate card
Sec. 9. If an identification card is destroyed or damaged, theholder shall, within ten (10) days from the time the card wasdestroyed or damaged, apply for a duplicate card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-10
Rules for implementation; no fee for issuance of identification cardfor proof of identification for voter
Sec. 10. (a) The bureau may adopt rules under IC 4-22-2 andprescribe all forms necessary to implement this chapter. However,the bureau may not impose a fee for the issuance of: (1) an original;
(2) a renewal of an; or
(3) a duplicate;
identification card to an individual described in subsection (b).
(b) An identification card must be issued without the payment ofa fee or charge to an individual who:
(1) does not have a valid Indiana driver's license; and
(2) will be at least eighteen (18) years of age at the next general,municipal, or special election.
As added by P.L.2-1991, SEC.12. Amended by P.L.109-2005,SEC.15.
IC 9-24-16-11
Civil responsibility; disclaimer
Sec. 11. The commissioner and the employees or agents of thebureau are not civilly responsible for the validity of informationcontained on an identification card issued under this chapter. Thebureau may adopt rules to place an appropriate disclaimer on anidentification card.
As added by P.L.2-1991, SEC.12.
IC 9-24-16-11.4
Identification card acceptability for purposes of identification
Sec. 11.4. A person, a business, a financial institution, or anorganization that accepts a driver's license issued under this articleas identification of the person who holds the license shall accept anidentification card issued under this chapter as identification of theperson who holds the card.
As added by P.L.81-1991, SEC.9.
IC 9-24-16-11.6
Identification card use to identify holder as operator of motorvehicle
Sec. 11.6. An identification card issued under this chapter may notbe used to identify the person who holds the identification card as theoperator of a motor vehicle.
As added by P.L.81-1991, SEC.10.
IC 9-24-16-12
Misuse of card; use of false information; inauthentic cards
Sec. 12. (a) A person who:
(1) knowingly permits the use of an identification card issuedunder this chapter by a person other than the person to whomthe card was issued;
(2) knowingly displays or represents as the person's ownidentification card issued under this chapter an identificationcard that was not issued to the person displaying the card;
(3) does not surrender, upon demand of the proper official, anidentification card issued under this chapter that has becomeinvalid or expired; or (4) knowingly sells, offers to sell, buys, possesses, or offers afalse identification card that could reasonably be mistaken fora valid identification card required by this chapter to be issuedby 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 anapplication:
(A) for an identification card issued under this chapter; or
(B) for a renewal or duplicate of an identification card issuedunder this chapter; or
(2) knowingly or intentionally makes a false statement orotherwise commits fraud in an application for an identificationcard issued under this chapter;
commits application fraud, a Class D felony.
As added by P.L.2-1991, SEC.12. Amended by P.L.98-1996, SEC.1;P.L.106-2006, SEC.1.
IC 9-24-16-13
Forgery of cards
Sec. 13. A person who forges or reproduces an identification cardissued under this chapter:
(1) with intent to use the card; or
(2) so that the card may be used by another person;
commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.12.