Stricken language would be deleted from and underlined language would be added to present law.
Act 17 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1135 3
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By: Representative Achor 5
By: Senator J. Boyd 6
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For An Act To Be Entitled 8
AN ACT TO ALLOW THE ISSUANCE OF A DIGITIZED 9
IDENTIFICATION CARD; TO AMEND THE LAW CONCERNING THE 10
FEE FOR ISSUANCE OF A DIGITIZED DRIVER'S LICENSE OR 11
DIGITIZED IDENTIFICATION CARD; TO DECLARE AN 12
EMERGENCY; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO ALLOW THE ISSUANCE OF A DIGITIZED 17
IDENTIFICATION CARD; TO AMEND THE LAW 18
CONCERNING THE FEE FOR ISSUANCE OF A 19
DIGITIZED DRIVER'S LICENSE OR DIGITIZED 20
IDENTIFICATION CARD; AND TO DECLARE AN 21
EMERGENCY. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. DO NOT CODIFY. Purpose and legislative intent. 26
(a) Acts 2023, No. 261: 27
(1) Amended Arkansas Code Title 27, Chapter 16, Subchapter 8, by 28
adding an additional section that provided for the issuance of an application 29
for a digitized driver 's license; 30
(2) Was signed into law by the Governor on March 13, 2023; and 31
(3) Is effective on and after February 1, 2025. 32
(b) It is the intent of the General Assembly by enactment of this act 33
to amend Arkansas Code § 27 -16-817, as enacted by Acts 2023, No. 261, § 4, 34
to: 35
(1) Include the issuance of an application for a digitized state 36 HB1135
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identification card; 1
(2) Authorize the Office of Driver Services to collect a fee, 2
the exact amount of which may be determined at the discretion of the Office 3
of Driver Services but shall not exceed ten dollars ($10.00) per digitized 4
driver's license or digitized identification card issued; and 5
(3) Set forth the revisions to the language enacted by Act 2023, 6
No. 261, § 4, as provided in Section 2 of this act. 7
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SECTION 2. Arkansas Code § 27 -16-817, as enacted by Acts 2023, No. 9
261, § 4, and effective on and after February 1, 2025, is amended to read as 10
follows: 11
(a) As used in this section: 12
(1) “Current status” means the record maintained by the Office 13
of Driver Services reflecting a driver's license or identification card 14
holder's present status, including without limitation whether the driver's 15
license or identification card is: 16
(A) Valid; 17
(B) Expired; 18
(C) Cancelled; 19
(D) Suspended; 20
(E) Disqualified; 21
(F) A special restricted license; or 22
(G) Held by a driver required to use an ignition interlock 23
device; 24
(2) “Digitized driver's license” means a data file: 25
(A) Available on a mobile device which has connectivity to 26
the internet through an application that allows the mobile device to download 27
the data file from the Office of Driver Services or its authorized 28
representative; 29
(B) Containing all of the same data elements visible on 30
the face and back of the driver's license; and 31
(C) Displays Displaying the current status of the driver's 32
license; 33
(3) "Digitized identification card" means a data file: 34
(A) Available on a mobile device that has connectivity to 35
the internet through an application that allows the mobile device to download 36 HB1135
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the data file from the Office of Driver Services or its authorized 1
representative; 2
(B) Containing all of the same data elements visible on 3
the face and back of the identification card issued by the Office of Driver 4
Services pursuant to § 27 -16-805; and 5
(C) Displaying the current status of the identification 6
card; 7
(4) “Private entity” means a natural person, corporation, 8
general partnership, limited liability corporation, limited partnership, 9
joint venture, business trust, public benefit corporation, nonprofit entity, 10
and other business entity; and 11
(4)(5) “Public entity” means an agency or instrumentality of the 12
state, including without limitation a department, an institution of higher 13
education, a board, or a commission. 14
(b)(1) The Office of Driver Services shall offer an additional option 15
to view a digitized driver's license upon payment of ten dollars ($10.00) or 16
digitized identification card to an applicant: 17
(A) With a valid Arkansas driver's license or Arkansas 18
identification card; or 19
(B) Renewing his or her Arkansas driver's license or 20
Arkansas identification card . 21
(2) The digitized driver's license or digitized identification 22
card shall be available for view at any time until the expiration of the 23
applicant's Arkansas driver's license issued under § 27 -16-801(a)(1) or 24
Arkansas identification card issued under § 27 -16-805. 25
(3) The Office of Driver Services may charge the holder of a 26
driver's license or an identification card a fee of no more than ten dollars 27
($10.00) before providing the option to view a digitized driver's license or 28
digitized identification card. 29
(3)(4) The fee for the option to view a digitized driver's 30
license or digitized identification card required authorized under 31
subdivision (b)(1)(3) of this section is in addition to any other fees 32
charged by the Office of Driver Services for the issuance of an Arkansas 33
driver's license or Arkansas identification card . 34
(c) A digital copy, photograph, or image of a driver's license or 35
identification card which is not downloaded through the application on a 36 HB1135
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mobile device shall not be a valid digitized driver's license or digitized 1
identification card as provided in this section. 2
(d)(1) The display of a digitized driver's license or digitized 3
identification card shall not serve as consent or authorization for a law 4
enforcement officer, or any other person, to search, view, or access any 5
other data or application on the mobile device. 6
(2) If a person presents their his or her mobile device to a law 7
enforcement officer for purposes of displaying the person's digitized 8
driver's license or digitized identification card , the law enforcement 9
officer shall promptly return the mobile device to the person once the law 10
enforcement officer has had an opportunity to verify the identity and license 11
status of the person. 12
(3) A law that requires a person to surrender his or her 13
Arkansas driver's license or Arkansas identification card to a law 14
enforcement officer shall not apply to the mobile device used to display his 15
or her digitized driver's license or digitized identification card . 16
(e) A digitized driver's license or digitized identification card, 17
except as provided in § 27 -16-805(e)(2)(A): 18
(1) May be accepted by a public entity for all state purposes 19
authorized for a driver's license or identification card ; and 20
(2) May be accepted by a private entity for all state purposes 21
for a driver's license or identification card . 22
(f) The fees collected under subsection (b) this section shall be 23
deposited into the State Treasury to the credit of the State Central Services 24
Fund as direct revenue to be used by the Revenue Division of the Department 25
of Finance and Administration to defray the cost of administering a digitized 26
driver's license or digitized identification card and for other related 27
purposes as required by the Secretary of the Department of Finance and 28
Administration in carrying out the functions, powers, and duties of the 29
division. 30
(g) The Department of Finance and Administration may promulgate rules 31
for the implementation of this section. 32
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SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 34
General Assembly of the State of Arkansas that Acts 2023, No. 261, § 4, 35
amended Arkansas Code Title 27, Chapter 16, Subchapter 8, by adding an 36 HB1135
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additional section that provided for the issuance of an application for a 1
digitized driver's license; that Acts 2023, No. 261 is effective on February 2
1, 2025; that Acts 2023, No. 261 did not provide for the issuance of an 3
application for a digitized identification card; that not all Arkansans have 4
a driver's license; that Acts 2023, No. 261, § 4, created a mandatory ten -5
dollar fee for the issuance of a digitized driver's license; and that this 6
act is immediately necessary because it is within the interest of the General 7
Assembly to provide Arkansas citizens access to a digitized driver's license 8
or digitized identification card at the least possible cost, as determined by 9
the Office of Driver Services. Therefore, an emergency is declared to exist, 10
and this act being immediately necessary for the preservation of the public 11
peace, health, and safety shall become effective on: 12
(1) The date of its approval by the Governor; 13
(2) If the bill is neither approved nor vetoed by the Governor, 14
the expiration of the period of time during which the Governor may veto the 15
bill; or 16
(3) If the bill is vetoed by the Governor and the veto is 17
overridden, the date the last house overrides the veto. 18
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APPROVED: 2/6/25 21
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