1.    The department shall implement a computerized licensing system that allows a licensed motor vehicle operator to provide electronic proof of valid licensing on an electronic communications device.

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2.    The electronic proof of valid licensing may be used:

a.    When being stopped by a law enforcement officer for the purpose of enforcing or investigating the possible violation of an ordinance or state law; or

b.    For identification purposes.

3.    The electronic operator’s license must be designed so that there is no need for the credential holder to relinquish possession of the device in which the electronic credential system is installed in order to present the credential, or for the individual to whom the credential is presented to access the verification system to confirm the validity of the credential.

4. The computerized licensing system may not transmit or transfer any information contained on an electronic operator’s license without authorization from the licensed motor vehicle operator.

5.    In case of a discrepancy between a physical and electronic credential, the electronic credential takes priority and is considered to provide the current information.

6.    The electronic credential and verification systems must be designed to protect the credential holder’s privacy, including the use of privacy enhancing technology or other appropriate methods. If the department enters an agreement with a third-party electronic credential system provider, the agreement must require the third-party electronic credential system provider to take appropriate measures to protect the credential holder’s privacy.

7.    In addition to the fees required by section 39-06-49 for an operator’s license, a substitute operator’s license, and an operator’s license renewal:

a.    An initial fee of five dollars is required from a licensed motor vehicle operator seeking to possess an electronic operator’s license; and

b.    The fee for an electronic operator’s license renewal is five dollars.

8.    The director may adopt rules necessary for the effective implementation of an electronic operator’s licensing system.