For the purposes of verifying a person's identification on an application for voting ballot, present law provides that a driver license of this state and a valid identification card issued are considered "evidence of identification." This bill revises this provision to, instead, provide that a physical driver license of this state and a physical valid identification card are considered evidence of identification. ELECTRONIC DRIVER SYSTEM Present law authorizes the department of safety "department" to develop a secure and uniform system, to be known as the "electronic driver license system," for authorizing persons to present or submit evidence of a valid driver license in an optional electronic format in lieu of a physical driver license. This bill revises the name of such system to be known as the "digital driver license system". Present law prohibits the department from charging a fee to participate in the electronic driver license system. This bill adds that such prohibition also applies to an entity contracting with the department. Participation in the System This bill prohibits data obtained from the use of a digital driver license from being retained for longer than necessary to confirm the information provided is accurate. However, such data must not be retained for longer than three calendar days. The data obtained from the use of a digital driver license must not be sold or otherwise provided to any entity other than a law enforcement agency through the course of the agency's duties, a governmental entity that is entitled to the information under state law, or pursuant to a subpoena issued by a court. Additionally, the digital driver license must be disabled at the time of suspension, cancellation, or revocation of the physical driver license, and must be removed from the device within 20 days if the physical driver license has not been restored. Biometric Identifier This bill authorizes the department to only collect a biometric identifier in the form of face geometry for the exclusive purpose of comparing face geometry to a driver license photo already on file to confirm the person seeking a digital driver license is the same person who holds the physical driver license. The department must not collect any other biometric identifier, such as a retina or iris scan, fingerprint, voiceprint, or record of hand geometry. This bill prohibits an entity contracting with the department to provide a mobile software application or other method for utilizing a digital driver license system from capturing a biometric identifier of a person for purposes of the digital driver license system unless the entity (i) informs the person each time before capturing the biometric identifier in a separate and distinct manner from any terms and conditions or other requests for consent and (ii) receives the person's clear and specific consent to capture the biometric identifier each time. This bill provides that if the department or entity so contracting with the department possesses a biometric identifier of a person that is captured pursuant to this bill, then the department or entity (i) must not sell or otherwise provide the biometric identifier to any entity other than a law enforcement agency through the course of the agency's duties, a governmental entity that is entitled to the biometric identifier under state law, or pursuant to a subpoena issued by a court, (ii) must not store, transmit, and protect from disclosure the biometric identifier using reasonable care and in a manner that is the same as or more protective than the manner in which the department or entity stores, transmits, and protects personally identifiable information the department or entity possesses, and (iii) must destroy the biometric identifier within three calendar days. This bill prohibits the department and an entity so contracting with the department from capturing or retaining geolocation data of a person for purposes of the digital driver license system. "Geolocation data" means internet protocol addresses or other information that describes the location of a cellular telephone or other type of portable electronic device, computer, computer system, or computer network from which a person accesses the digital driver license system. Additionally, any data provided by a person to the entity is personally identifiable information of the person and must not be sold, redisclosed, or otherwise utilized by the entity, except as otherwise provided in this bill. This bill provides that a person participating in the digital driver license system is not required to use a digital driver license in lieu of a physical driver license for identification or other purposes. Additionally, a private or public entity must not require, or provide preferential service based on, a person's use of a digital driver license in lieu of a physical driver license. PERSONS EXEMPT FROM LICENSING This bill provides that a person 18 or older who is operating a non-commercial vehicle and who is accompanied by a department of safety employee while engaged in an actual demonstration of their ability to exercise ordinary and reasonable control in the operation of a motor vehicle pursuant to present law, is exempt from licensing under the Uniform Classified and Commercial Driver License Act. In lieu of a physical driver license, present law authorizes a person who participates in the system to present or submit evidence of possession of a valid driver license in an electronic format, which must be accepted as such evidence for identification and other purposes, including upon the request of a law enforcement officer or a seller of alcoholic beverages. This bill revises this provision by (i) authorizing the person to present or submit evidence of such possession in a digital format instead of an electronic format, and (ii) requiring such evidence to also be accepted by any other person, except for the purpose of voting. CLASS D DRIVER LICENSE Present law requires a Class D driver license to be issued and valid for the operation of (i) a vehicle with a Gross Vehicle Weight Rating (GVWR) less than 26,001 pounds, (ii) any combination of vehicles with a Gross Combination Weight Rating (GCWR) less than 26,001 pounds, except vehicles in Classes A, B, C or M or vehicles that require a special endorsement unless the proper endorsement appears on the license, and (iii) autocycles. This bill revises this provision to, instead, require such license to be issued and valid for the operation of any vehicle, including autocycles, that does not meet the definition of a commercial motor vehicle, except vehicles in Classes A, B, C, or M or vehicles that require a special endorsement unless the proper endorsement appears on the license.

Statutes affected:
Introduced: 2-7-112(c)(1), 2-7-112, 2-7-112(c)(3), 55-50-306, 55-50-304, 55-50-306(d), 55-50-306(e), 55-50-102(22)(D), 55-50-102