1 New Chapter; Mobile Drivers' Licenses and Non-Driver Identification Cards. Amend RSA by inserting after chapter 263 the following new chapter:

CHAPTER 263-A

MOBILE DRIVERS' LICENSES AND NON-DRIVER IDENTIFICATION CARDS

263-A:1 Definitions.

As used in this chapter:

I. "Credential" means a driver's license or non-driver identification card.

II. "Credential holder" means the individual that has been issued a physical or electronic credential.

III. "Data element" means a distinct component of a customer's information that is found on the division's customer record.

IV. "Division" means the department of safety, division of motor vehicles.

V. "Electronic credential" means an electronic extension of the division's issued physical credential that conveys identity and driving privilege information and is in compliance with standards of the division.

VI. "Electronic credential system" means a digital process that includes creating electronic credentials and a method for provisioning electronic credentials, requesting and transmitting electronic credential data elements, and performing tasks to maintain the system.

VII. "Physical credential" means a document or other tangible object issued by the division that conveys identity and driving privilege information.

VIII. "Provision" means the initial loading of an electronic credential onto a device.

IX. "Relying party" means the entity to which the credential holder is presenting the electronic credential.

X. "Verification process" means a method of authenticating the electronic credential through the use of secure encrypted communication.

263-A:2 Issuance and Life Cycle Management.

I. The division of motor vehicles shall issue an electronic credential only to individuals who are otherwise eligible to hold a valid physical credential. The data elements that are used to build an electronic credential must match the individual's current motor vehicle or non-driver identification record.

II. The division may contract with one or more entities to develop an electronic credential system. The electronic credential system shall be designed to comply with the most recent applicable state and federal standards.

III. The validity period of electronic credentials shall be set by the division.

IV. The division may assess a fee for the provisioning of an electronic credential.

263-A:3 Acceptance of Electronic Credentials.

I. The electronic credential holder shall be required to have their physical credential on their person while operating a motor vehicle.

II. Electronic credential systems shall be designed so that there is no requirement for the electronic credential holder to display or relinquish possession of their mobile device to relying parties for the acceptance of an electronic credential.

III. Upon request by law enforcement, an electronic credential holder must provide their physical credential.

IV. Any law or regulation that requires an individual to surrender their physical credential to law enforcement does not apply to the device on which an electronic credential has been provisioned.

263-A:4 Verification Process.

I. Relying parties shall authenticate electronic credentials in accordance with applicable division standards prior to acceptance of the electronic credential.

II. Electronic credential data is subject to data security and privacy protection according to RSA 507-H, as well as any other applicable state and federal law.

III. Relying parties shall only request electronic credential data elements that are necessary to complete the transaction for which that data is being requested.

263-A:5 Privacy and Tracking.

I. Relying parties shall only retain electronic credential data elements for which the relying party explicitly obtained consent from the electronic credential holder. Relying parties shall inform the electronic credential holder of the use and retention period of the electronic data elements and comply with RSA 507-H.

II. The electronic credential system shall be designed to maximize the privacy of the credential holder and comply with RSA 507-H, as well as any other applicable state and federal laws, and shall not track or compile information without the credential holder's actual consent. The division shall only compile and/or disclose information regarding use of the credential as required by RSA 507-H and other applicable state or federal laws.

263-A:6 Rulemaking. The commissioner of the department of safety shall adopt administrative rules under 541-A that are necessary for the management and operation of an electronic credential system.

2 Effective Date. This act shall take effect January 1, 2026.

1 New Chapter; Mobile Drivers' Licenses and Non-Driver Identification Cards. Amend RSA by inserting after chapter 263 the following new chapter:

CHAPTER 263-A

MOBILE DRIVERS' LICENSES AND NON-DRIVER IDENTIFICATION CARDS

263-A:1 Definitions.

As used in this chapter:

I. "Credential" means a driver's license or non-driver identification card.

II. "Credential holder" means the individual that has been issued a physical or electronic credential.

III. "Data element" means a distinct component of a customer's information that is found on the division's customer record.

IV. "Division" means the department of safety, division of motor vehicles.

V. "Electronic credential" means an electronic extension of the division's issued physical credential that conveys identity and driving privilege information and is in compliance with standards of the division.

VI. "Electronic credential system" means a digital process that includes creating electronic credentials and a method for provisioning electronic credentials, requesting and transmitting electronic credential data elements, and performing tasks to maintain the system.

VII. "Physical credential" means a document or other tangible object issued by the division that conveys identity and driving privilege information.

VIII. "Provision" means the initial loading of an electronic credential onto a device.

IX. "Relying party" means the entity to which the credential holder is presenting the electronic credential.

X. "Verification process" means a method of authenticating the electronic credential through the use of secure encrypted communication.

263-A:2 Issuance and Life Cycle Management.

I. The division of motor vehicles shall issue an electronic credential only to individuals who are otherwise eligible to hold a valid physical credential. The data elements that are used to build an electronic credential must match the individual's current motor vehicle or non-driver identification record.

II. The division may contract with one or more entities to develop an electronic credential system. The electronic credential system shall be designed to comply with the most recent applicable state and federal standards.

III. The validity period of electronic credentials shall be set by the division.

IV. The division may assess a fee for the provisioning of an electronic credential.

263-A:3 Acceptance of Electronic Credentials.

I. The electronic credential holder shall be required to have their physical credential on their person while operating a motor vehicle.

II. Electronic credential systems shall be designed so that there is no requirement for the electronic credential holder to display or relinquish possession of their mobile device to relying parties for the acceptance of an electronic credential.

III. Upon request by law enforcement, an electronic credential holder must provide their physical credential.

IV. Any law or regulation that requires an individual to surrender their physical credential to law enforcement does not apply to the device on which an electronic credential has been provisioned.

263-A:4 Verification Process.

I. Relying parties shall authenticate electronic credentials in accordance with applicable division standards prior to acceptance of the electronic credential.

II. Electronic credential data is subject to data security and privacy protection according to RSA 507-H, as well as any other applicable state and federal law.

III. Relying parties shall only request electronic credential data elements that are necessary to complete the transaction for which that data is being requested.

263-A:5 Privacy and Tracking.

I. Relying parties shall only retain electronic credential data elements for which the relying party explicitly obtained consent from the electronic credential holder. Relying parties shall inform the electronic credential holder of the use and retention period of the electronic data elements and comply with RSA 507-H.

II. The electronic credential system shall be designed to maximize the privacy of the credential holder and comply with RSA 507-H, as well as any other applicable state and federal laws, and shall not track or compile information without the credential holder's actual consent. The division shall only compile and/or disclose information regarding use of the credential as required by RSA 507-H and other applicable state or federal laws.

263-A:6 Rulemaking. The commissioner of the department of safety shall adopt administrative rules under 541-A that are necessary for the management and operation of an electronic credential system.

2 Effective Date. This act shall take effect January 1, 2026.