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Back to HB 1316
Tennessee General Assembly· HB 1316Transmitted to Governor for his action.

Driver Licenses - As enacted, prohibits the use of digital driver licenses and digital photo identification licenses for voter identification purposes; regulates the use, retention, and disclosure of data submitted by pe, the official text

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                    ~tate of ~ennessee

                          PUBLIC CHAPTER NO. 297

                                                  HOUSE BILL NO. 1316

 By Representatives Lamberth, Cochran, McCalmon, Harris, Raper, Hardaway, Keisling,
                                                             Howell

                                       Substituted for: Senate Bill No. 1297

                                     By Senators Johnson, Reeves, Massey

         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).

          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 may 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)
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                              (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.

          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) 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 or retain a biometric identifier of a person for purposes of the digital
                    driver license system unless the entity is capturing a photograph for the sole
                    purpose of comparing that photograph to a driver license photograph already on
                    file to confirm the person seeking a digital driver license is the same person who
                    holds the physical driver license.

                              (3) 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, including a photograph, provided by a person to an 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)

                               (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.

                     U)

                               (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

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                                        (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)(0), 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;
          SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.

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         HOUSE BILL NO. 1316

PASSED:  April 10, 2025

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                                           CAMERON SEXTON, SPEAKER
                                          HOUSE OF REPRESENTATIVES

                         SJ.._...._\,,._ ~~, l\,-s_
                                             ,-·~·-·-RANDY MC1JALLY
                                                SPEAKER OF THE SENATE

/?fJi \ alf APPROVED this
         ll day of            2025

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BILL LEE, GOVERNOR
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