SB 18: "An Act relating to electronic identification cards; relating to electronic drivers' licenses and permits; relating to motor vehicle liability insurance; and providing for an effective date."
00 SENATE BILL NO. 18 01 "An Act relating to electronic identification cards; relating to electronic drivers' licenses 02 and permits; relating to motor vehicle liability insurance; and providing for an effective 03 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) The department may issue an electronic identification card to a person who 14 possesses a physical identification card upon application and payment of an additional
01 $50 fee. A person issued an electronic identification card shall retain the physical 02 identification card issued by the 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 18.65.330 is amended to read: 23 Sec. 18.65.330. Definitions [DEFINITION]. In AS 18.65.310 - 18.65.330, 24 (1) "department" means the Department of Administration; 25 (2) "electronic identification card" means a data file specific to an 26 individual that 27 (A) displays the current identification card of the individual 28 and all data provided on the front and back of the individual's physical 29 identification card; and 30 (B) is available on a mobile electronic device through an 31 application that allows the individual's data file to be downloaded from
01 the department. 02 * Sec. 5. AS 28.05.051 is amended to read: 03 Sec. 28.05.051. Suspended or revoked documents. (a) When the department 04 suspends or revokes a vehicle registration, certificate of registration, registration plate, 05 permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 06 person in possession of the document shall, immediately upon receiving notice of the 07 suspension, revocation, or cancellation, mail or deliver the registration, certificate, 08 plate, permit, or physical license to the department. 09 (b) The commissioner, officers and employees of the department designated 10 by the commissioner, judges and employees of a court, and all peace officers [,] may 11 take possession of a certificate of title, registration, or physical license issued by this 12 jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 13 stolen, or altered. 14 * Sec. 6. AS 28.15.011(b) is amended to read: 15 (b) Every person exercising the person's privilege to drive, or exercising any 16 degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 17 area, or other public property in this state, is required to have in the possession of the 18 person a valid physical or electronic Alaska driver's license issued under the 19 provisions of this chapter for the type or class of vehicle driven, unless expressly 20 exempted by law from this requirement. 21 * Sec. 7. AS 28.15 is amended by adding a new section to read: 22 Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 23 department may issue an electronic driver's license or permit under this chapter to a 24 person who possesses a physical driver's license or permit. A person issued an 25 electronic driver's license or permit shall retain the physical driver's license or permit 26 issued by the department. 27 (b) The commissioner shall adopt regulations for the issuance and use of 28 electronic drivers' licenses and permits issued under this chapter. The commissioner 29 may adopt regulations to require a driver to possess a physical driver's license on their 30 person in certain circumstances. 31 (c) If a person's physical driver's license is seized, revoked, canceled, limited,
01 restricted, or suspended under this chapter, the department shall display a notice 02 regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 03 across the front of the person's electronic driver's license. 04 * Sec. 8. AS 28.15.131(a) is amended to read: 05 (a) A licensee shall have the licensee's physical or electronic driver's license 06 in immediate possession at all times when driving a motor vehicle, and shall present 07 the license for inspection upon the demand of a peace officer or other authorized 08 representative of the Department of Public Safety identified as such to the licensee by 09 the officer or representative. However, a person charged with violating this section 10 may not be convicted if the person produces in court or in the office of the arresting or 11 citing officer, a driver's license previously issued to the person that was valid at the 12 time of the person's arrest or citation. 13 * Sec. 9. AS 28.15.131 is amended by adding new subsections to read: 14 (c) Presentation of an electronic driver's license or permit on a mobile 15 electronic device under this chapter does not constitute consent for a peace officer or 16 other authorized representative of the Department of Public Safety to search, view, or 17 access other contents of the mobile electronic device. A peace officer or other 18 authorized representative of the Department of Public Safety presented with an 19 electronic driver's license or permit shall promptly return the mobile electronic device 20 to the person once the peace officer or representative verifies the identity and license 21 or permit status of the person. 22 (d) A peace officer or other authorized representative of the Department of 23 Public Safety presented with an electronic driver's license or permit on a mobile 24 electronic device under this chapter is immune from liability resulting from damage to 25 the device, except that a peace officer or other authorized representative of the 26 Department of Public Safety may be liable for civil damages that are the result of the 27 peace officer's or representative's intentional misconduct. 28 * Sec. 10. AS 28.15.151(a) is amended to read: 29 (a) The department shall maintain a file of 30 (1) every driver's license application, license or permit, and duplicate 31 driver's license issued by the department [IT];
01 (2) every license that has been suspended, revoked, canceled, limited, 02 restricted, or denied, and the reasons for those actions; 03 (3) all accident reports required to be forwarded to the department 04 under this title; [AND] 05 (4) every disqualification of an individual from operating a 06 commercial motor vehicle; and 07 (5) every application for an electronic driver's license or permit 08 and the electronic drivers' licenses and permits issued by the department. 09 * Sec. 11. AS 28.15.165(b) is amended to read: 10 (b) After reading the notice under (a) of this section, the law enforcement 11 officer shall seize the person's physical driver's license if the physical driver's 12 license [IT] is in the person's possession and shall deliver the physical driver's 13 license [IT] to the department with a sworn report describing the circumstances under 14 which the physical driver's license [IT] was seized. If the person was operating a 15 commercial motor vehicle, the officer shall order the person out of service under 16 AS 28.33.130. 17 * Sec. 12. AS 28.15.166(a) is amended to read: 18 (a) A person who has received a notice under AS 28.15.165(a) may make a 19 written request for administrative review of the department's action under 20 AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 21 person's physical driver's license has not been previously surrendered to the 22 department, the physical driver's license [IT] shall be surrendered to the department 23 at the time the request for review is made. 24 * Sec. 13. AS 28.15.182(d) is amended to read: 25 (d) When imposing a limitation under (c) of this section, the court shall 26 (1) require the surrender of the physical driver's license; and 27 (2) issue to the person a certificate valid for the duration of the 28 limitation specifying the terms of the limited license. 29 * Sec. 14. AS 28.15.183(b) is amended to read: 30 (b) After reading the notice under (a) of this section, the peace officer shall 31 seize the person's physical driver's license or permit if the physical driver's license
01 or permit [IT] is in the person's possession and shall deliver the physical driver's 02 license or permit [IT] to the department with a sworn report describing the 03 circumstances under which the physical driver's license or permit [IT] was seized. 04 * Sec. 15. AS 28.15.184(a) is amended to read: 05 (a) A person who has received a notice under AS 28.15.183(a) may make a 06 written request for administrative review of the department's action. If the person's 07 physical driver's license or permit has not been previously surrendered to the 08 department, the physical driver's license or permit [IT] shall be surrendered to the 09 department at the time the request for review is made. 10 * Sec. 16. AS 28.15.187(b) is amended to read: 11 (b) After reading the notice under (a) of this section, the peace officer shall 12 seize the person's physical driver's license if the physical driver's license [IT] is in 13 the person's possession and shall deliver the physical driver's license [IT] to the 14 department with a sworn report describing the circumstances under which the 15 physical driver's license [IT] was seized. 16 * Sec. 17. AS 28.15.189(a) is amended to read: 17 (a) A person who has received a notice under AS 28.15.187(a) may make a 18 written request for administrative review of the department's action. If the person's 19 physical driver's license has not been previously surrendered to the department, the 20 physical driver's license [IT] shall be surrendered to the department at the time the 21 request for review is made. 22 * Sec. 18. AS 28.15.191(c) is amended to read: 23 (c) A court that suspends, revokes, or limits a driver's license shall require the 24 surrender of the physical license, and shall immediately forward the physical driver's 25 license [IT] to the department with the record of conviction and notification of the 26 effective date of the suspension, revocation, or limitation as determined under 27 AS 28.15.211(b). 28 * Sec. 19. AS 28.15.191(g) is amended to read: 29 (g) A court that has ordered a person to refrain from consuming alcoholic 30 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 31 28.35.032, or a similar municipal ordinance or as a condition of probation or parole
01 following a conviction under those sections or a similar municipal ordinance, or as a 02 condition of probation or parole for any other crime shall 03 (1) require the surrender of the person's physical license and 04 identification card and forward the physical license and identification card to the 05 department; 06 (2) report the order to the department within two days; and 07 (3) inform the person that the person's license and identification card 08 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 09 otherwise qualified to receive a license or identification card, when the person obtains 10 a new license or identification card, the license or identification card must list the 11 restriction imposed by AS 04.16.160 for the period of probation or parole. 12 * Sec. 20. AS 28.15.191(h) is amended to read: 13 (h) The board of parole shall notify the department within two days whenever 14 a person has been ordered to refrain from consuming alcoholic beverages as a 15 condition of parole, shall require the person to surrender the person's physical license 16 and identification card, and shall inform the person that the person's license and 17 identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 18 and that, if the person is otherwise qualified to receive a license or identification card, 19 when the person obtains a new license or identification card, the license or 20 identification card must list the restriction imposed by AS 04.16.160. 21 * Sec. 21. AS 28.15.201(b) is amended to read: 22 (b) A court imposing a limitation under (a) of this section shall 23 (1) require certification of employment; 24 (2) require proof of enrollment in and compliance with or completion 25 of an alcoholism treatment program when appropriate; 26 (3) require the surrender of the physical driver's license; and 27 (4) issue to the licensee a certificate valid for the duration of the 28 limitation. 29 * Sec. 22. AS 28.15.271(a) is amended to read: 30 (a) The fees for drivers' licenses and permits, including renewals, and all 31 related driver skills tests are as follows:
01 (1) all noncommercial vehicles and motor-driven cycles 02 (A) each license fee ............... $31 [$20]; 03 (B) each driver skills test ................. $15; 04 (2) all commercial motor vehicles 05 (A) each license fee ............. $155 [$100]; 06 (B) each driver skills test .................. $25; 07 (3) instruction permit ................... $23 [$15]; 08 (4) duplicate of driver's license or instruction permit ........ $23 [$15]; 09 (5) temporary license and renewal of permit ...... $8 [$5]; 10 (6) school bus driver's endorsement renewal ........... $8; 11 (7) an electronic driver's license or permit .... $50 [$5]. 12 * Sec. 23. AS 28.20.560(a) is amended to read: 13 (a) A person whose license or registration is suspended under any provision of 14 this chapter, or whose policy of insurance or bond, when required under this chapter, 15 is canceled or terminated, shall immediately return the person's physical license or 16 registration to the department. If a person fails to return the license or registration to 17 the department, the department, through the commissioner of public safety, shall 18 immediately direct a peace officer to obtain possession of the license or registration 19 [IT] and to return the license or registration [IT] to the department. 20 * Sec. 24. AS 28.22.019(d) is amended to read: 21 (d) Displaying proof of motor vehicle liability insurance on a mobile 22 electronic device under this section does not constitute consent for a peace officer or 23 other authorized representative of the Department of Public Safety to access other 24 contents of the mobile electronic device. A peace officer or other authorized 25 representative of the Department of Public Safety presented proof of motor 26 vehicle liability insurance on a mobile electronic device shall promptly return the 27 device to the person once the peace officer or representative verifies that the 28 person possesses proof of motor vehicle liability insurance. 29 * Sec. 25. AS 28.22.019 is amended by adding a new subsection to read: 30 (f) A peace officer or other authorized representative of the Department of 31 Public Safety presented proof of motor vehicle liability insurance on a mobile
01 electronic device under this section is immune from liability resulting from damage to 02 the device, except that a peace officer or other authorized representative of the 03 Department of Public Safety may be liable for civil damages that are the result of the 04 peace officer's or representative's intentional misconduct. 05 * Sec. 26. AS 28.22.041(d) is amended to read: 06 (d) When imposing a limitation under this section, the department shall 07 (1) require the surrender of the driver's physical license; and 08 (2) issue to the licensee a certificate valid for the duration of the 09 limitation. 10 * Sec. 27. AS 28.33.100 is amended by adding a new subsection to read: 11 (g) Upon application, the department may issue an electronic commercial 12 driver's license as provided under AS 28.15.126. 13 * Sec. 28. AS 28.33.140(i) is amended to read: 14 (i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 15 person from driving a commercial motor vehicle shall require the surrender of the 16 physical license, and shall immediately forward the physical license to the department 17 with the record of conviction and notification of the effective date of the 18 disqualification. If the disqualification occurs by administrative action as described in 19 (a) of this section, the person disqualified from driving shall surrender the physical 20 license to the department. 21 * Sec. 29. AS 28.35.034 is amended to read: 22 Sec. 28.35.034. Surrender of license or permit. A person whose license or 23 permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 24 28.15.181 shall surrender the physical license or permit to the department on receipt 25 of notice of the revocation. After the period of revocation has expired, the person may 26 make application for a new license as provided by law. 27 * Sec. 30. AS 28.90.990(a) is amended by adding a new paragraph to read: 28 (33) "electronic driver's license or permit" means a data file specific to 29 an individual that 30 (A) displays the current driver's license or permit status of the 31 individual and all data included on the front and back of the individual's
01 physical driver's license or permit; and 02 (B) is available on a mobile electronic device through an 03 application that allows the individual's data file to be downloaded from the 04 department. 05 * Sec. 31. AS 33.16.150(i) is amended to read: 06 (i) In addition to other conditions of parole imposed under this section, for a 07 prisoner who is serving a sentence for an offense involving the use of alcohol and 08 whom the board has ordered to refrain from possessing or consuming alcoholic 09 beverages, the board shall require the surrender of the person's physical driver's 10 license or identification card, forward the physical license or identification card to the 11 department, and impose as a condition of parole that, if the parolee is eligible for a 12 driver's license or identification card, the parolee shall apply to the department for a 13 new license or identification card with a restriction imposed on the person under 14 AS 04.16.160. The board shall notify the department of the board's order under this 15 subsection by providing a copy of the board's order. Upon discharge from parole, the 16 board shall notify the department of the parolee's discharge. In this subsection, 17 "department" means the Department of Administration. 18 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: REGULATIONS. The Department of Administration shall adopt 21 regulations necessary to implement the changes made by this Act. The regulations take effect 22 under AS 44.62 (Administrative Procedure Act), but not before the effective date this Act. 23 * Sec. 33. Section 32 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 34. Except as provided in sec. 33 of this Act, this Act takes effect January 1, 2024.