OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 646 Bill Analysis
135th General Assembly
Click here for H.B. 646’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. J. Miller
Effective date:
Larry Gunter, Jr., Research Analyst
SUMMARY
▪ Requires the Registrar of Motor Vehicles to establish a program that provides for the use
of a digital ID by Ohio residents.
▪ Allows a person to use a digital driver’s license or digital identification card (digital ID)
with a cell phone, tablet, or other wireless device to prove the person’s identity in lieu of
a physical ID card.
▪ Specifies various requirements for the digital ID program, including establishing a
mechanism by which the Registrar receives data and images, including an image taken by
a licensee or cardholder of themselves (selfie) to verify identity and to ensure the validity
of the license or ID card.
▪ Prohibits a person who is viewing a digital ID for identification purposes from viewing any
content other than the digital ID on the wireless device.
▪ Specifies that a person who provides a digital ID to a requestor generally assumes the risk
of any resulting damage to the person’s wireless device.
▪ Exempts any regulatory restrictions contained in rules adopted under the bill from
continuing law regulatory restriction reduction requirements.
DETAILED ANALYSIS
Digital driver’s licenses and state-issued identification cards
The bill allows a person to obtain a digital driver’s license or digital state-issued
identification card (digital ID), which must be displayed through a mobile application (app) on the
person’s electronic wireless communications device (i.e., cell phone, tablet, etc.). The Registrar
of Motor Vehicles must develop the digital ID program. Once legally obtained, a person may use
September 30, 2024
Office of Research and Drafting LSC Legislative Budget Office
a digital ID in lieu of a physical ID card any time the person is requested to provide proof of
identity or age, including when requested by a state official or peace officer or when voting.1
To qualify for a digital ID, a person must continue to maintain a valid physical ID card. This
requirement ensures that the digital ID program will not conflict with the requirements of the
federal REAL ID Act.2 (Other states have already implemented a digital ID program.)3 Further, in
order to accept a digital ID, the requestor of the ID must have the means and authorization to
accept and validate it.4
Registrar’s digital ID program
For purposes of the digital ID program, the Registrar must establish all of the following:
1. A mechanism by which the Registrar receives data and images, including an image taken
by a licensee or cardholder of themselves (selfie),5 from either the mobile app creator or
the licensee or cardholder to verify their identity and to ensure the validity of the license
or ID card;
2. A verification process to determine that any submitted data, images, or selfie reasonably
matches the data and digitalized photographic records of the Department of Public Safety
for that licensee or cardholder;
3. Mechanisms to ensure that any information transmitted by the Bureau of Motor Vehicles
(BMV) to either the mobile app or the digital ID is encrypted and protected in accordance
with reasonable security standards broadly available and cannot be intercepted while
being transmitted from the BMV;
4. Procedures that apply when a licensee or cardholder’s driver’s license or ID card is
expired, suspended, or revoked; and
5. Any other procedure or requirement that the Registrar determines is necessary to
implement and administer the program and ensure the general privacy, security, and
safety of the data and images exchanged through the program.
In addition, the Registrar must provide any identification verification services required by
the entity that developed a digital ID mobile app. (If a digital ID is issued by another state, that
state must provide the verification services.)6
1 R.C. 4507.60 through 4507.62 and R.C. 3501.01(AA)(1).
2 R.C. 4507.61(A).
3 For example, see Arizona Department of Transportation Mobile ID.
4 R.C. 4507.62(A).
5 R.C. 4507.60(A)(7).
6 R.C. 4507.61 and 4507.62(A).
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As Introduced
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Viewable information and assumption of risk
When a person uses a digital ID on a wireless device to present proof of identity, only the
ID can be viewed by the requestor. A requester is prohibited from viewing any other content on
the device. Further, when a person provides a wireless device to a requestor, the person assumes
the risk of any resulting damage to the device unless the requestor purposely, knowingly, or
recklessly commits an action that results in damage to the device.7
Regulatory restriction reduction requirement exemption
The bill exempts rules adopted by the Registrar of Motor Vehicles governing issuance of
digital IDs from continuing law requirements concerning reductions in regulatory restrictions.
Currently, the Registrar of Motor Vehicles must take actions to reduce regulatory restrictions,
including, by June 30, 2025, reducing the amount of regulatory restrictions contained in an
inventory created in 2019 in accordance with a statutory schedule. A “regulatory restriction” is
any part of an administrative rule that requires or prohibits an action.
Without that exemption, the Registrar of Motor Vehicles must do all of the following with
respect to any regulatory restrictions contained in rules adopted under the bill:
▪ Until June 30, 2025, and for so long as the Registrar of Motor Vehicles fails to reach the
reductions required under the statutory schedule, remove two or more existing
regulatory restrictions for each new restriction adopted (referred to as the “two-for-one
rule”);
▪ Refrain from adopting a regulatory restriction when doing so would negate a previous
reduction;
▪ Beginning July 1, 2025, refrain from adopting a regulatory restriction when doing so would
cause the total number of regulatory restrictions in effect to exceed a statewide cap
calculated by the Joint Committee on Agency Rule Review.8
HISTORY
Action Date
Introduced 07-29-24
ANHB0646IN-135/sb
7 R.C. 4507.62(B).
8 R.C. 4507.61(F), by reference to R.C. 121.95 to 121.953.
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As Introduced


Statutes affected:
As Introduced: 3501.01