Text of IN SB 74 (2020)

Introduced Version SENATE BILL No. 74 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 9-13-2; IC 9-24; IC 16-18-2-328.7; IC 16-37-2-1.5. Synopsis: Gender on driver's licenses. Defines "gender" for purposes of the motor vehicle law. Defines "nonbinary designation" for purposes of the motor vehicle law. Defines "sex" for purposes of certificates of birth. Sets forth requirements to change the gender that appears on: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card. Prohibits: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; from displaying a nonbinary designation. Specifies that certain credentials with a nonbinary designation are valid until their date of expiration. Requires a person to specify a gender when renewing a credential that previously displayed a nonbinary designation. Specifies that the presence of a nonbinary designation on a credential used to obtain: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; does not abrogate certain prohibitions concerning the display of nonbinary designations. Effective: July 1, 2020. Tomes January 9, 2020, read first time and referred to Committee on Public Policy. 2020 IN 74—LS 6307/DI 123 Introduced Second Regular Session of the 121st General Assembly (2020) 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 2019 Regular Session of the General Assembly. SENATE BILL No. 74 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 9-13-2-69.6 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2020]: Sec. 69.6. "Gender" means male or female. 4 SECTION 2. IC 9-13-2-111.5 IS ADDED TO THE INDIANA 5 CODE AS A NEW SECTION TO READ AS FOLLOWS 6 [EFFECTIVE JULY 1, 2020]: Sec. 111.5. "Nonbinary designation" 7 means any gender classification other than male or female. 8 SECTION 3. IC 9-24-9-2.6 IS ADDED TO THE INDIANA CODE 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 10 1, 2020]: Sec. 2.6. (a) An applicant requesting to change the gender 11 appearing on the applicant's driver's license or permit shall 12 provide to the bureau documentary evidence of the applicant's 13 change in gender, including: 14 (1) a certified amended certificate of birth; or 15 (2) a physician's signed and dated statement that the applicant 16 successfully underwent all treatment necessary to 17 permanently change the applicant's gender. 2020 IN 74—LS 6307/DI 123 2 1 (b) Except as provided in subsection (c), a nonbinary 2 designation may not be permitted or displayed on a bureau issued 3 driver's license or permit. The presence of a nonbinary designation 4 on a document or credential used to obtain a driver's license or 5 permit does not abrogate the prohibition against nonbinary 6 designations described under this section. 7 (c) A valid, bureau issued driver's license or permit that: 8 (1) was issued before July 1, 2020; and 9 (2) displays a nonbinary designation; 10 shall remain valid until its date of expiration. A person who 11 possesses a driver's license or permit described under this 12 subsection must specify a gender when renewing a driver's license 13 or permit described under this subsection. 14 SECTION 4. IC 9-24-16-7.5 IS ADDED TO THE INDIANA CODE 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 16 1, 2020]: Sec. 7.5. (a) An applicant requesting to change the gender 17 appearing on the applicant's identification card shall provide to the 18 bureau documentary evidence of the applicant's change in gender, 19 including: 20 (1) a certified amended certificate of birth; or 21 (2) a physician's signed and dated statement that the applicant 22 successfully underwent all treatment necessary to 23 permanently change the applicant's gender. 24 (b) Except as provided in subsection (c), a nonbinary 25 designation shall not be permitted or displayed on a bureau issued 26 identification card. The presence of a nonbinary designation on a 27 document or credential used to obtain an identification card does 28 not abrogate the prohibition against nonbinary designations 29 described under this section. 30 (c) A valid, bureau issued identification card that: 31 (1) was issued before July 1, 2020; and 32 (2) displays a nonbinary designation; 33 shall remain valid until its date of expiration. A person who 34 possesses an identification card described under this subsection 35 must specify a gender when renewing an identification card 36 described under this subsection. 37 SECTION 5. IC 9-24-16.5-6.5 IS ADDED TO THE INDIANA 38 CODE AS A NEW SECTION TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2020]: Sec. 6.5. (a) An applicant requesting 40 to change the gender appearing on the applicant's photo exempt 41 identification card shall provide to the bureau documentary 42 evidence of the applicant's change in gender, including: 2020 IN 74—LS 6307/DI 123 3 1 (1) a certified amended certificate of birth; or 2 (2) a physician's signed and dated statement that the applicant 3 successfully underwent all treatment necessary to 4 permanently change the applicant's gender. 5 (b) Except as provided in subsection (c), a nonbinary 6 designation shall not be permitted or displayed on a bureau issued 7 photo exempt identification card. The presence of a nonbinary 8 designation on a document or credential used to obtain a photo 9 exempt identification card does not abrogate the prohibition 10 against nonbinary designations described under this section. 11 (c) A valid, bureau issued photo exempt identification card that: 12 (1) was issued before July 1, 2020; and 13 (2) displays a nonbinary designation; 14 shall remain valid until its date of expiration. A person who 15 possesses a photo exempt identification card described under this 16 subsection must specify a gender when renewing a photo exempt 17 identification card described under this subsection. 18 SECTION 6. IC 16-18-2-328.7 IS ADDED TO THE INDIANA 19 CODE AS A NEW SECTION TO READ AS FOLLOWS 20 [EFFECTIVE JULY 1, 2020]: Sec. 328.7. "Sex", for purposes of 21 IC 16-37-2, has the meaning set forth in IC 16-37-2-1.5. 22 SECTION 7. IC 16-37-2-1.5 IS ADDED TO THE INDIANA CODE 23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 24 1, 2020]: Sec. 1.5. As used in this chapter, "sex" means male or 25 female. 2020 IN 74—LS 6307/DI 123