Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1316 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1297
3	3	By Johnson
4	4
5	5	HOUSE BILL 1316
6	6	By Lamberth
7	7
8	8
9	9	HB1316
10	10	003311
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Section 2-
14	14	7-112 and Title 55, Chapter 50, relative to
15	15	licenses.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by
19	19	inserting the language "physical" immediately preceding the language "Tennessee driver
20	20	license".
21	21	SECTION 2. Tennessee Code Annotated, Section 2-7-112(c)(3), is amended by
22	22	inserting the language "physical," immediately after the language "A".
23	23	SECTION 3. Tennessee Code Annotated, Section 55-50-306, is amended by deleting
24	24	"electronic driver license system" wherever it appears in subsections (a), (b), (c), and (e) and
25	25	substituting instead "digital driver license system"; by deleting "electronic format" wherever it
26	26	appears in subsection (a) and substituting instead "digital format"; by deleting "an electronic
27	27	format" wherever it appears in subsection (e) and substituting instead "a digital format"; and by
28	28	deleting "an electronic image" and "electronic images" wherever they appear in subsection (a)
29	29	and substituting instead "a digital image" and "digital images".
30	30	SECTION 4. Tennessee Code Annotated, Section 55-50-304, is amended by adding
31	31	the following subdivision:
32	32	( ) Any person eighteen (18) years of age or older who is operating a non-
33	33	commercial vehicle and who is accompanied by a department of safety employee while
34	34	engaged in an actual demonstration of their ability to exercise ordinary and reasonable
35	35	control in the operation of a motor vehicle pursuant to § 55-50-322(a)(1)(A).
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39	39
40	40	SECTION 5. Tennessee Code Annotated, Section 55-50-306(d), is amended by
41	41	deleting the subsection and substituting instead:
42	42	(d) Neither the department nor any entity contracting with the department shall
43	43	charge a fee to participate in the digital driver license system.
44	44	SECTION 6. Tennessee Code Annotated, Section 55-50-306(e), is amended by
45	45	deleting the first sentence and substituting instead:
46	46	In lieu of a physical driver license, a person who participates in the system may
47	47	present or submit evidence of possession of a valid driver license in a digital format,
48	48	which must be accepted as such evidence for identification and other purposes,
49	49	including upon the request of a law enforcement officer, a seller of alcoholic beverages,
50	50	or any other person; except, that to verify the person's identification for the purpose of
51	51	voting, the person shall not present or submit evidence of possession of a valid driver
52	52	license in a digital format and a digital driver license must not be accepted as such
53	53	evidence.
54	54	SECTION 7. Tennessee Code Annotated, Section 55-50-306, is amended by deleting
55	55	subsection (f) and substituting instead:
56	56	(f)
57	57	(1) Data obtained from the use of a digital driver license must not be
58	58	retained for longer than necessary to confirm the information provided is
59	59	accurate; provided, however, that data must not be retained for longer than three
60	60	(3) calendar days.
61	61	(2) Data obtained from the use of a digital driver license must not be sold
62	62	or otherwise provided to any entity other than a law enforcement agency through
63	63	the course of the agency's duties, a governmental entity that is entitled to the
64	64	information under state law, or pursuant to a subpoena issued by a court.
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68	68
69	69	SECTION 8. Tennessee Code Annotated, Section 55-50-306, is amended by adding
70	70	the following new subsections:
71	71	(g)
72	72	(1) As used in this subsection (g):
73	73	(A) "Biometric identifier" means a retina or iris scan, fingerprint,
74	74	voiceprint, or record of hand or face geometry; and
75	75	(B) "Geolocation data" means internet protocol addresses or
76	76	other information that describes the location of a cellular telephone or
77	77	other type of portable electronic device, computer, computer system, or
78	78	computer network from which a person accesses the digital driver license
79	79	system.
80	80	(2) The department may only collect a biometric identifier in the form of
81	81	face geometry for the exclusive purpose of comparing face geometry to a driver
82	82	license photo already on file to confirm the person seeking a digital driver license
83	83	is the same person who holds the physical driver license. The department must
84	84	not collect any other biometric identifier.
85	85	(3) An entity contracting with the department to provide a mobile software
86	86	application or other method for utilizing a digital driver license system shall not
87	87	capture a biometric identifier of a person for purposes of the digital driver license
88	88	system unless the entity:
89	89	(A) Informs the person each time before capturing the biometric
90	90	identifier in a separate and distinct manner from any terms and conditions
91	91	or other requests for consent; and
92	92	(B) Receives the person's clear and specific consent to capture
93	93	the biometric identifier each time.
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97	97
98	98	(4) If the department or entity described in this subsection (g) possesses
99	99	a biometric identifier of a person that is captured pursuant to subdivisions (g)(2)
100	100	or (g)(3), then the department or entity:
101	101	(A) Shall not sell or otherwise provide the biometric identifier to
102	102	any entity other than a law enforcement agency through the course of the
103	103	agency's duties, a governmental entity that is entitled to the biometric
104	104	identifier under state law, or pursuant to a subpoena issued by a court;
105	105	(B) Shall store, transmit, and protect from disclosure the biometric
106	106	identifier using reasonable care and in a manner that is the same as or
107	107	more protective than the manner in which the department or entity stores,
108	108	transmits, and protects personally identifiable information the department
109	109	or entity possesses; and
110	110	(C) Shall destroy the biometric identifier within three (3) calendar
111	111	days.
112	112	(5) Neither the department nor an entity contracting with the department
113	113	to provide a mobile software application or other method for utilizing a digital
114	114	driver license system shall capture or retain geolocation data of a person for
115	115	purposes of the digital driver license system.
116	116	(h) Any data provided by a person to any entity contracting with the department
117	117	to provide a mobile software application or other method for utilizing a digital driver
118	118	license system is personally identifiable information of the person and must not be sold,
119	119	redisclosed, or otherwise utilized by the entity, except as otherwise provided in
120	120	subdivision (f)(2).
121	121	(i)
122	122
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125	125
126	126	(1) A person participating in the digital driver license system is not
127	127	required to use a digital driver license in lieu of a physical driver license for
128	128	identification or other purposes.
129	129	(2) A private or public entity shall not require, or provide preferential
130	130	service based on, a person's use of a digital driver license in lieu of a physical
131	131	driver license.
132	132	(j)
133	133	(1) The department shall disable, suspend, or terminate a person's
134	134	participation in the digital driver license system if:
135	135	(A) The physical driver license issued to the participant has been
136	136	cancelled, revoked, or suspended as provided in this chapter; or
137	137	(B) The participant reports that the participant's electronic device
138	138	has been lost or stolen.
139	139	(2) The digital driver license must be disabled at the time of suspension,
140	140	cancellation, or revocation of the physical driver license, and must be removed
141	141	from the device within twenty (20) days if the physical driver license has not been
142	142	restored.
143	143	(k) For purposes of this section, "driver license" includes a photo identification
144	144	license issued under § 55-50-336.
145	145	SECTION 9. Tennessee Code Annotated, Section 55-50-102(22)(D), is amended by
146	146	deleting the subdivision and substituting instead:
147	147	(D) CLASS D. This license shall be issued and valid for the operation of any
148	148	vehicle, including autocycles, that does not meet the definition of a commercial motor
149	149	vehicle, except vehicles in Classes A, B, C, or M or vehicles that require a special
150	150	endorsement unless the proper endorsement appears on the license;
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154	154
155	155	SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.