To Allow The Issuance Of A Digitized Identification Card; To Amend The Law Concerning The Fee For Issuance Of A Digitized Driver's License Or Digitized Identification Card; And To Declare An Emergency.
Summary
HB1135 amends Arkansas law governing digitized driver’s licenses to also allow the issuance of a digitized identification card. The bill defines a digitized identification card as a data file available through a mobile device application that contains the same information as the physical card and displays current status. It also clarifies that only a digitized credential downloaded through the authorized application qualifies, and that a photo or image of a card is not sufficient.
The bill authorizes the Office of Driver Services to offer the digitized option to applicants who have a valid Arkansas driver’s license or identification card, or who are renewing either credential. The digitized credential remains available until the underlying physical license or ID expires. The measure also states that presenting a mobile device for verification does not give law enforcement or others authority to search the device, and officers must promptly return the device after verifying identity and status. Public entities may accept the digitized credential for state purposes, and private entities may accept it as well.
HB1135 changes the fee structure by allowing the Office of Driver Services to charge up to $10 for the digitized driver’s license or digitized identification card option, with the exact amount left to the agency’s discretion. The fee is in addition to other licensing or identification fees, and the revenue is deposited into the State Central Services Fund to help cover administration and related costs. The Department of Finance and Administration is authorized to adopt rules to implement the program.
The bill’s stated purpose and emergency clause emphasize that not all Arkansans have a driver’s license, so the digitized identification card option is intended to expand access while keeping costs as low as possible. It also notes that the earlier 2023 law did not expressly provide for digitized identification cards and had created a mandatory $10 fee for digitized driver’s licenses. The emergency clause makes the act effective immediately upon approval, reflecting legislative intent to align the law before the prior digitized-license provisions fully take effect.
Overall sentiment appears strongly favorable, as reflected in the overwhelming third-reading votes in both chambers and the absence of recorded committee opposition in the provided materials. The main point of policy concern is the fee: the bill shifts from a mandatory $10 charge to a fee capped at $10 and left to agency discretion, suggesting interest in lowering costs for users. Another notable issue is privacy and device access, addressed by explicit language limiting law enforcement’s ability to search a mobile device when a digitized credential is presented.
Impact
HB1135 amends Arkansas Code § 27-16-817 and related provisions to expand the state’s mobile credential program from digitized driver’s licenses to digitized identification cards. It gives the Office of Driver Services authority to offer these credentials, set a fee up to $10, collect the revenue, and implement the program through rulemaking. The bill also affects how public and private entities may accept digitized credentials and adds protections limiting searches of a person’s mobile device during credential verification.
Sentiment
The bill appears to have broad legislative support and little visible opposition in the available record. It passed third reading in the House 89-3 and in the Senate 34-0, indicating strong bipartisan approval. The emergency clause and approval date suggest lawmakers wanted the program available quickly, especially to ensure access for residents who do not have driver’s licenses and to reduce costs compared with the earlier version of the law.
Contention
The main area of contention is the fee structure. The bill responds to concerns that the prior law effectively imposed a mandatory $10 fee for digitized driver’s licenses by allowing the Office of Driver Services to set a fee up to $10 rather than requiring the full amount. A second issue is privacy and device security: the bill explicitly limits law enforcement and others from using the presentation of a digitized credential as consent to search the phone, indicating concern about protecting unrelated data on the device. The addition of digitized identification cards also addresses an access issue for residents who do not have a driver’s license.