D.C. Law 24-72. Electronic Proof of License, Permit, or Identification Card Amendment Act of 2021.

AN ACT

To amend the District of Columbia Traffic Act, 1925 to provide that an electronic image of a license, permit, or identification card that is displayed on a cellular telephone or other portable electronic device in a manner approved by the Department of Motor Vehicles may be presented in lieu of a physical license, permit, or identification card in the District.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Electronic Proof of License, Permit, or Identification Card Amendment Act of 2021".

Sec. 2. Section 7 of the District of Columbia Traffic Act, 1925, effective March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.01), is amended by adding a new subsection (j) to read as follows:

"(j)(1) In any circumstance in which a license, permit, or identification card issued pursuant to this act is required, an individual may present an electronic image of such license, permit, or identification card issued pursuant to this act in a manner approved by the Department of Motor Vehicles.

"(2) This subsection shall not apply where a physical license, permit, or identification card is required by federal law, rules, regulations, or policies.

"(3)(A) The presentation of a license, permit or identification card on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.

"(B) A law enforcement officer presented with an electronic image of a license, permit, or identification card on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; except, that no immunity shall extend to recklessness or intentional misconduct.

"(4) For the purposes of this subsection, the term "electronic image" means an electronic representation of a physical license, permit, or identification card issued pursuant to this act.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.