HOUSE BILL 1316
By Lamberth
SENATE BILL 1297
By Johnson
SB1297
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AN ACT to amend Tennessee Code Annotated, Section 2-
7-112 and Title 55, Chapter 50, relative to
licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by
inserting the language "physical" immediately preceding the language "Tennessee driver
license".
SECTION 2. Tennessee Code Annotated, Section 2-7-112(c)(3), is amended by
inserting the language "physical," immediately after the language "A".
SECTION 3. Tennessee Code Annotated, Section 55-50-306, is amended by deleting
"electronic driver license system" wherever it appears in subsections (a), (b), (c), and (e) and
substituting instead "digital driver license system"; by deleting "electronic format" wherever it
appears in subsection (a) and substituting instead "digital format"; by deleting "an electronic
format" wherever it appears in subsection (e) and substituting instead "a digital format"; and by
deleting "an electronic image" and "electronic images" wherever they appear in subsection (a)
and substituting instead "a digital image" and "digital images".
SECTION 4. Tennessee Code Annotated, Section 55-50-304, is amended by adding
the following subdivision:
( ) Any person eighteen (18) years of age 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 § 55-50-322(a)(1)(A).
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SECTION 5. Tennessee Code Annotated, Section 55-50-306(d), is amended by
deleting the subsection and substituting instead:
(d) Neither the department nor any entity contracting with the department shall
charge a fee to participate in the digital driver license system.
SECTION 6. Tennessee Code Annotated, Section 55-50-306(e), is amended by
deleting the first sentence and substituting instead:
In lieu of a physical driver license, a person who participates in the system may
present or submit evidence of possession of a valid driver license in a digital format,
which must be accepted as such evidence for identification and other purposes,
including upon the request of a law enforcement officer, a seller of alcoholic beverages,
or any other person; except, that to verify the person's identification for the purpose of
voting, the person shall not present or submit evidence of possession of a valid driver
license in a digital format and a digital driver license must not be accepted as such
evidence.
SECTION 7. Tennessee Code Annotated, Section 55-50-306, is amended by deleting
subsection (f) and substituting instead:
(f)
(1) Data obtained from the use of a digital driver license must not be
retained for longer than necessary to confirm the information provided is
accurate; provided, however, that data must not be retained for longer than three
(3) calendar days.
(2) 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.
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SECTION 8. Tennessee Code Annotated, Section 55-50-306, is amended by adding
the following new subsections:
(g)
(1) As used in this subsection (g):
(A) "Biometric identifier" means a retina or iris scan, fingerprint,
voiceprint, or record of hand or face geometry; and
(B) "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.
(2) The department may 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.
(3) An entity contracting with the department to provide a mobile software
application or other method for utilizing a digital driver license system shall not
capture a biometric identifier of a person for purposes of the digital driver license
system unless the entity:
(A) 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
(B) Receives the person's clear and specific consent to capture
the biometric identifier each time.
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(4) If the department or entity described in this subsection (g) possesses
a biometric identifier of a person that is captured pursuant to subdivisions (g)(2)
or (g)(3), then the department or entity:
(A) Shall 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;
(B) Shall 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
(C) Shall destroy the biometric identifier within three (3) calendar
days.
(5) Neither the department nor an entity contracting with the department
to provide a mobile software application or other method for utilizing a digital
driver license system shall capture or retain geolocation data of a person for
purposes of the digital driver license system.
(h) Any data provided by a person to any entity contracting with the department
to provide a mobile software application or other method for utilizing a digital driver
license system is personally identifiable information of the person and must not be sold,
redisclosed, or otherwise utilized by the entity, except as otherwise provided in
subdivision (f)(2).
(i)
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(1) 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.
(2) A private or public entity shall not require, or provide preferential
service based on, a person's use of a digital driver license in lieu of a physical
driver license.
(j)
(1) The department shall disable, suspend, or terminate a person's
participation in the digital driver license system if:
(A) The physical driver license issued to the participant has been
cancelled, revoked, or suspended as provided in this chapter; or
(B) The participant reports that the participant's electronic device
has been lost or stolen.
(2) 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 twenty (20) days if the physical driver license has not been
restored.
(k) For purposes of this section, "driver license" includes a photo identification
license issued under § 55-50-336.
SECTION 9. Tennessee Code Annotated, Section 55-50-102(22)(D), is amended by
deleting the subdivision and substituting instead:
(D) CLASS D. This license shall 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;
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SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.