00 HOUSE BILL NO. 180 01 "An Act relating to the powers of the commissioner of administration with respect to 02 motor vehicles; relating to electronic identification cards; relating to electronic driver's 03 licenses and permits; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 18.65.310(a) is amended to read: 06 (a) Upon payment of a $15 fee, the department shall issue a physical card 07 identical to the motor vehicle operator's license provided for in AS 28.15.111, except 08 that the card shall be of a different color and shall state in bold type letters across the 09 face of the card [IT] that the card [IT] is for identification purposes only. Upon 10 request of a person and upon payment of an additional $20 fee, the department may 11 issue an identification card under this section that is federally compliant.  12  * Sec. 2. AS 18.65.310 is amended by adding new subsections to read: 13 (s) Upon application, the department may issue an electronic identification 14 card to a person who possesses a physical identification card. A person issued an 01 electronic identification card shall retain the physical identification card issued by the 02 department. 03 (t) The department shall adopt regulations for the issuance and use of 04 electronic identification cards. 05 (u) Presentation of an electronic identification card on a mobile electronic 06 device for identification purposes does not constitute consent for a peace officer or 07 other authorized representative of the Department of Public Safety to search, view, or 08 access other contents of the mobile electronic device. A peace officer or other 09 authorized representative of the Department of Public Safety presented with an 10 electronic identification card shall promptly return the mobile electronic device to the 11 person once the peace officer or representative verifies the identity of the person. 12 (v) A peace officer or other authorized representative of the Department of 13 Public Safety presented with an electronic identification card on a mobile electronic 14 device under this section is immune from liability resulting from damage to the 15 device, except that a peace officer or other authorized representative of the 16 Department of Public Safety may be liable for civil damages that are the result of the 17 peace officer's or representative's intentional misconduct. 18  * Sec. 3. AS 18.65.320(b) is amended to read: 19 (b) A person whose identification card has been cancelled shall return the 20 physical card to the department. Failure to return a cancelled card within 10 days after 21 receiving notice of the cancellation is a violation punishable by a fine of up to $100. 22  * Sec. 4. AS 28.05.021 is amended by adding a new subsection to read: 23 (c) The commissioner of administration may enter into an agreement with a 24 law enforcement agency, governmental agency or program, or data exchange service, 25 including the National Driver Register, the Problem Driver Pointer System, the 26 Commercial Driver's License Information System, the State-to-State Verification 27 Service, and the Driver License Data Verification Service. 28  * Sec. 5. AS 28.05.051 is amended to read: 29 Sec. 28.05.051. Suspended or revoked documents. (a) When the department 30 suspends or revokes a vehicle registration, certificate of registration, registration plate, 31 permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 01 person in possession of the document shall, immediately upon receiving notice of the 02 suspension, revocation, or cancellation, mail or deliver the registration, certificate, 03 plate, permit, or physical license to the department.  04 (b) The commissioner, officers and employees of the department designated 05 by the commissioner, judges and employees of a court, and all peace officers [,] may 06 take possession of a certificate of title, registration, or physical license issued by this 07 jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 08 stolen, or altered. 09  * Sec. 6. AS 28.15.011(b) is amended to read: 10 (b) Every person exercising the person's privilege to drive, or exercising any 11 degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 12 area, or other public property in this state, is required to have in the possession of the 13 person a valid physical or electronic Alaska driver's license issued under the 14 provisions of this chapter for the type or class of vehicle driven, unless expressly 15 exempted by law from this requirement. 16  * Sec. 7. AS 28.15 is amended by adding a new section to read: 17 Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 18 department may issue an electronic driver's license or permit under this chapter to a 19 person who possesses a physical driver's license or permit. A person issued an 20 electronic driver's license or permit shall retain the physical driver's license or permit 21 issued by the department. 22 (b) The commissioner shall adopt regulations for the issuance and use of 23 electronic driver's licenses and permits issued under this chapter. The commissioner 24 may adopt regulations to require a driver to possess a physical driver's license on their 25 person in certain circumstances. 26 (c) If a person's physical driver's license is seized, revoked, canceled, limited, 27 restricted, or suspended under this chapter, the department shall display a notice 28 regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 29 across the front of the person's electronic driver's license. 30  * Sec. 8. AS 28.15.131(a) is amended to read: 31 (a) A licensee shall have the licensee's physical or electronic driver's license 01 in immediate possession at all times when driving a motor vehicle, and shall present 02 the license for inspection upon the demand of a peace officer or other authorized 03 representative of the Department of Public Safety identified as such to the licensee by 04 the officer or representative. However, a person charged with violating this section 05 may not be convicted if the person produces in court or in the office of the arresting or 06 citing officer, a driver's license previously issued to the person that was valid at the 07 time of the person's arrest or citation. 08  * Sec. 9. AS 28.15.131 is amended by adding new subsections to read: 09 (c) Presentation of an electronic driver's license or permit on a mobile 10 electronic device under this chapter does not constitute consent for a peace officer or 11 other authorized representative of the Department of Public Safety to search, view, or 12 access other contents of the mobile electronic device. A peace officer or other 13 authorized representative of the Department of Public Safety presented with an 14 electronic driver's license or permit shall promptly return the mobile electronic device 15 to the person once the peace officer or representative verifies the identity and license 16 or permit status of the person. 17 (d) A peace officer or other authorized representative of the Department of 18 Public Safety presented with an electronic driver's license or permit on a mobile 19 electronic device under this chapter is immune from liability resulting from damage to 20 the device, except that a peace officer or other authorized representative of the 21 Department of Public Safety may be liable for civil damages that are the result of the 22 peace officer's or representative's intentional misconduct.  23  * Sec. 10. AS 28.15.151(a) is amended to read: 24 (a) The department shall maintain a file of 25 (1) every driver's license application, license or permit, and duplicate 26 driver's license issued by the department [IT]; 27 (2) every license that has been suspended, revoked, canceled, limited, 28 restricted, or denied, and the reasons for those actions; 29 (3) all accident reports required to be forwarded to the department 30 under this title; [AND] 31 (4) every disqualification of an individual from operating a 01 commercial motor vehicle; and  02 (5) every application for an electronic driver's license or permit  03 and the electronic driver's licenses and permits issued by the department. 04  * Sec. 11. AS 28.15.165(b) is amended to read: 05 (b) After reading the notice under (a) of this section, the law enforcement 06 officer shall seize the person's physical driver's license if the physical driver's  07 license [IT] is in the person's possession and shall deliver the physical driver's  08 license [IT] to the department with a sworn report describing the circumstances under 09 which the physical driver's license [IT] was seized. If the person was operating a 10 commercial motor vehicle, the officer shall order the person out of service under 11 AS 28.33.130. 12  * Sec. 12. AS 28.15.166(a) is amended to read: 13 (a) A person who has received a notice under AS 28.15.165(a) may make a 14 written request for administrative review of the department's action under 15 AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 16 person's physical driver's license has not been previously surrendered to the 17 department, the physical driver's license [IT] shall be surrendered to the department 18 at the time the request for review is made. 19  * Sec. 13. AS 28.15.182(d) is amended to read: 20 (d) When imposing a limitation under (c) of this section, the court shall 21 (1) require the surrender of the physical driver's license; and 22 (2) issue to the person a certificate valid for the duration of the 23 limitation specifying the terms of the limited license. 24  * Sec. 14. AS 28.15.183(b) is amended to read: 25 (b) After reading the notice under (a) of this section, the peace officer shall 26 seize the person's physical driver's license or permit if the physical driver's license  27 or permit [IT] is in the person's possession and shall deliver the physical driver's  28 license or permit [IT] to the department with a sworn report describing the 29 circumstances under which the physical driver's license or permit [IT] was seized. 30  * Sec. 15. AS 28.15.184(a) is amended to read: 31 (a) A person who has received a notice under AS 28.15.183(a) may make a 01 written request for administrative review of the department's action. If the person's 02 physical driver's license or permit has not been previously surrendered to the 03 department, the physical driver's license or permit [IT] shall be surrendered to the 04 department at the time the request for review is made. 05  * Sec. 16. AS 28.15.187(b) is amended to read: 06 (b) After reading the notice under (a) of this section, the peace officer shall 07 seize the person's physical driver's license if the physical driver's license [IT] is in 08 the person's possession and shall deliver the physical driver's license [IT] to the 09 department with a sworn report describing the circumstances under which the  10 physical driver's license [IT] was seized. 11  * Sec. 17. AS 28.15.189(a) is amended to read: 12 (a) A person who has received a notice under AS 28.15.187(a) may make a 13 written request for administrative review of the department's action. If the person's 14 physical driver's license has not been previously surrendered to the department, the  15 physical driver's license [IT] shall be surrendered to the department at the time the 16 request for review is made. 17  * Sec. 18. AS 28.15.191(c) is amended to read: 18 (c) A court that suspends, revokes, or limits a driver's license shall require the 19 surrender of the physical license, and shall immediately forward the physical driver's  20 license [IT] to the department with the record of conviction and notification of the 21 effective date of the suspension, revocation, or limitation as determined under 22 AS 28.15.211(b). 23  * Sec. 19. AS 28.15.191(g) is amended to read: 24 (g) A court that has ordered a person to refrain from consuming alcoholic 25 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 26 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 27 following a conviction under those sections or a similar municipal ordinance, or as a 28 condition of probation or parole for any other crime shall 29 (1) require the surrender of the person's physical license and 30 identification card and forward the physical license and identification card to the 31 department; 01 (2) report the order to the department within two days; and 02 (3) inform the person that the person's license and identification card 03 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 04 otherwise qualified to receive a license or identification card, when the person obtains 05 a new license or identification card, the license or identification card must list the 06 restriction imposed by AS 04.16.160 for the period of probation or parole. 07  * Sec. 20. AS 28.15.191(h) is amended to read: 08 (h) The board of parole shall notify the department within two days whenever 09 a person has been ordered to refrain from consuming alcoholic beverages as a 10 condition of parole, shall require the person to surrender the person's physical license 11 and identification card, and shall inform the person that the person's license and 12 identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 13 and that, if the person is otherwise qualified to receive a license or identification card, 14 when the person obtains a new license or identification card, the license or 15 identification card must list the restriction imposed by AS 04.16.160. 16  * Sec. 21. AS 28.15.201(b) is amended to read: 17 (b) A court imposing a limitation under (a) of this section shall 18 (1) require certification of employment; 19 (2) require proof of enrollment in and compliance with or completion 20 of an alcoholism treatment program when appropriate; 21 (3) require the surrender of the physical driver's license; and 22 (4) issue to the licensee a certificate valid for the duration of the 23 limitation. 24  * Sec. 22. AS 28.20.560(a) is amended to read: 25 (a) A person whose license or registration is suspended under any provision of 26 this chapter, or whose policy of insurance or bond, when required under this chapter, 27 is canceled or terminated, shall immediately return the person's physical license or 28 registration to the department. If a person fails to return the license or registration to 29 the department, the department, through the commissioner of public safety, shall 30 immediately direct a peace officer to obtain possession of the license or registration 31 [IT] and to return the license or registration [IT] to the department. 01  * Sec. 23. AS 28.22.041(d) is amended to read: 02 (d) When imposing a limitation under this section, the department shall 03 (1) require the surrender of the driver's physical license; and 04 (2) issue to the licensee a certificate valid for the duration of the 05 limitation. 06  * Sec. 24. AS 28.33.100 is amended by adding a new subsection to read: 07 (j) Upon application, the department may issue an electronic commercial 08 driver's license as provided under AS 28.15.126. 09  * Sec. 25. AS 28.33.140(i) is amended to read: 10 (i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 11 person from driving a commercial motor vehicle shall require the surrender of the 12 physical license, and shall immediately forward the physical license to the department 13 with the record of conviction and notification of the effective date of the 14 disqualification. If the disqualification occurs by administrative action as described in 15 (a) of this section, the person disqualified from driving shall surrender the physical 16 license to the department. 17  * Sec. 26. AS 28.35.034 is amended to read: 18 Sec. 28.35.034. Surrender of license or permit. A person whose license or 19 permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 20 28.15.181 shall surrender the physical license or permit to the department on receipt 21 of notice of the revocation. After the period of revocation has expired, the person may 22 make application for a new license as provided by law. 23  * Sec. 27. AS 33.16.150(i) is amended to read: 24 (i) In addition to other conditions of parole imposed under this section, for a 25 prisoner who is serving a sentence for an offense involving the use of alcohol and 26 whom the board has ordered to refrain from possessing or consuming alcoholic 27 beverages, the board shall require the surrender of the person's physical driver's 28 license or identification card, forward the physical license or identification card to the 29 department, and impose as a condition of parole that, if the parolee is eligible for a 30 driver's license or identification card, the parolee shall apply to the department for a 31 new license or identification card with a restriction imposed on the person under 01 AS 04.16.160. The board shall notify the department of the board's order under this 02 subsection by providing a copy of the board's order. Upon discharge from parole, the 03 board shall notify the department of the parolee's discharge. In this subsection, 04 "department" means the Department of Administration. 05  * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).