Digitized driver's license — Definitions

Ark. Code Ann. § 27-16-817 — under Driver's Licenses Generally.

Ark. Code Ann. § 27-16-817

(a) As used in this section:(1) “Current status” means the record maintained by the Office of Driver Services reflecting a driver's license or identification card holder's present status, including without limitation whether the driver's license or identification card is:(A) Valid;(B) Expired;(C) Cancelled;(D) Suspended;(E) Disqualified;(F) A special restricted license; or(G) Held by a driver required to use an ignition interlock device;(2) “Digitized driver's license” means a data file:(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;(B) Containing all of the same data elements visible on the face and back of the driver's license; and(C) Displaying the current status of the driver's license;(3) “Digitized identification card” means a data file:(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;(B) Containing all of the same data elements visible on the face and back of the identification card issued by the Office of Driver Services pursuant to § 27-16-805; and(C) Displaying the current status of the identification card;(4) “Private entity” means a natural person, corporation, general partnership, limited liability corporation, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, and other business entity; and(5) “Public entity” means an agency or instrumentality of the state, including without limitation a department, an institution of higher education, a board, or a commission.

(1) “Current status” means the record maintained by the Office of Driver Services reflecting a driver's license or identification card holder's present status, including without limitation whether the driver's license or identification card is:(A) Valid;(B) Expired;(C) Cancelled;(D) Suspended;(E) Disqualified;(F) A special restricted license; or(G) Held by a driver required to use an ignition interlock device;

(A) Valid;

(B) Expired;

(C) Cancelled;

(D) Suspended;

(E) Disqualified;

(F) A special restricted license; or

(G) Held by a driver required to use an ignition interlock device;

(2) “Digitized driver's license” means a data file:(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;(B) Containing all of the same data elements visible on the face and back of the driver's license; and(C) Displaying the current status of the driver's license;

(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;

(B) Containing all of the same data elements visible on the face and back of the driver's license; and

(C) Displaying the current status of the driver's license;

(3) “Digitized identification card” means a data file:(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;(B) Containing all of the same data elements visible on the face and back of the identification card issued by the Office of Driver Services pursuant to § 27-16-805; and(C) Displaying the current status of the identification card;

(A) Available on a mobile device that has connectivity to the internet through an application that allows the mobile device to download the data file from the Office of Driver Services or its authorized representative;

(B) Containing all of the same data elements visible on the face and back of the identification card issued by the Office of Driver Services pursuant to § 27-16-805; and

(C) Displaying the current status of the identification card;

(4) “Private entity” means a natural person, corporation, general partnership, limited liability corporation, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, and other business entity; and

(5) “Public entity” means an agency or instrumentality of the state, including without limitation a department, an institution of higher education, a board, or a commission.

(b) (1) The Office of Driver Services shall offer an additional option to view a digitized driver's license or digitized identification card to an applicant:(A) With a valid Arkansas driver's license or Arkansas identification card; or(B) Renewing his or her Arkansas driver's license or Arkansas identification card.(2) The digitized driver's license or digitized identification card shall be available for view at any time until the expiration of the applicant's Arkansas driver's license issued under § 27-16-801(a)(1) or Arkansas identification card issued under § 27-16-805.(3) The Office of Driver Services may charge the holder of a driver's license or an identification card a fee of no more than ten dollars ($10.00) before providing the option to view a digitized driver's license or digitized identification card.(4) The fee for the option to view a digitized driver's license or digitized identification card authorized under subdivision (b)(3) of this section is in addition to any other fees charged by the Office of Driver Services for the issuance of an Arkansas driver's license or Arkansas identification card.

(1) The Office of Driver Services shall offer an additional option to view a digitized driver's license or digitized identification card to an applicant:(A) With a valid Arkansas driver's license or Arkansas identification card; or(B) Renewing his or her Arkansas driver's license or Arkansas identification card.

(A) With a valid Arkansas driver's license or Arkansas identification card; or

(B) Renewing his or her Arkansas driver's license or Arkansas identification card.

(2) The digitized driver's license or digitized identification card shall be available for view at any time until the expiration of the applicant's Arkansas driver's license issued under § 27-16-801(a)(1) or Arkansas identification card issued under § 27-16-805.

(3) The Office of Driver Services may charge the holder of a driver's license or an identification card a fee of no more than ten dollars ($10.00) before providing the option to view a digitized driver's license or digitized identification card.

(4) The fee for the option to view a digitized driver's license or digitized identification card authorized under subdivision (b)(3) of this section is in addition to any other fees charged by the Office of Driver Services for the issuance of an Arkansas driver's license or Arkansas identification card.

(c) A digital copy, photograph, or image of a driver's license or identification card that is not downloaded through the application on a mobile device shall not be a valid digitized driver's license or digitized identification card as provided in this section.

(d) (1) The display of a digitized driver's license or digitized identification card shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device.(2) If a person presents his or her mobile device to a law enforcement officer for purposes of displaying the person's digitized driver's license or digitized identification card, the law enforcement officer shall promptly return the mobile device to the person once the law enforcement officer has had an opportunity to verify the identity and license status of the person.(3) A law that requires a person to surrender his or her Arkansas driver's license or Arkansas identification card to a law enforcement officer shall not apply to the mobile device used to display his or her digitized driver's license or digitized identification card.

(1) The display of a digitized driver's license or digitized identification card shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device.

(2) If a person presents his or her mobile device to a law enforcement officer for purposes of displaying the person's digitized driver's license or digitized identification card, the law enforcement officer shall promptly return the mobile device to the person once the law enforcement officer has had an opportunity to verify the identity and license status of the person.

(3) A law that requires a person to surrender his or her Arkansas driver's license or Arkansas identification card to a law enforcement officer shall not apply to the mobile device used to display his or her digitized driver's license or digitized identification card.

(e) A digitized driver's license or digitized identification card, except as provided in § 27-16-805(e)(2)(A):(1) May be accepted by a public entity for all state purposes authorized for a driver's license or identification card; and(2) May be accepted by a private entity for all state purposes for a driver's license or identification card.

(1) May be accepted by a public entity for all state purposes authorized for a driver's license or identification card; and

(2) May be accepted by a private entity for all state purposes for a driver's license or identification card.

(f) The fees collected under subsection (b) of this section shall be deposited into the State Treasury to the credit of the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to defray the cost of administering a digitized driver's license or digitized identification card and for other related purposes as required by the Secretary of the Department of Finance and Administration in carrying out the functions, powers, and duties of the division.

(g) The Department of Finance and Administration may promulgate rules for the implementation of this section.