CSSB 237(JUD) am H(reengrossed): "An Act relating to the powers of the commissioner of administration with respect to motor vehicles; relating to electronic identification cards; relating to data sharing by the Department of Administration; relating to electronic driver's licenses and permits; and providing for an effective date."
00 CS FOR SENATE BILL NO. 237(JUD) am H(reengrossed) 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 data sharing by the 03 Department of Administration; relating to electronic driver's licenses and permits; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.65.310(a) is amended to read: 07 (a) Upon payment of a $15 fee, the department shall issue a physical card 08 identical to the motor vehicle operator's license provided for in AS 28.15.111, except 09 that the card shall be of a different color and shall state in bold type letters across the 10 face of the card [IT] that the card [IT] is for identification purposes only. Upon 11 request of a person and upon payment of an additional $20 fee, the department may 12 issue an identification card under this section that is federally compliant. 13 * Sec. 2. AS 18.65.310 is amended by adding new subsections to read: 14 (s) Upon application, the department may issue an electronic identification
01 card to a person who possesses a physical identification card. A person issued an 02 electronic identification card shall retain the physical identification card issued by the 03 department. 04 (t) The department shall adopt regulations for the issuance and use of 05 electronic identification cards. 06 (u) Presentation of an electronic identification card on a mobile electronic 07 device for identification purposes does not constitute consent for a peace officer or 08 other authorized representative of the Department of Public Safety to search, view, or 09 access other contents of the mobile electronic device. A peace officer or other 10 authorized representative of the Department of Public Safety presented with an 11 electronic identification card shall promptly return the mobile electronic device to the 12 person once the peace officer or representative verifies the identity of the person. 13 (v) A peace officer or other authorized representative of the Department of 14 Public Safety presented with an electronic identification card on a mobile electronic 15 device under this section is immune from liability resulting from damage to the 16 device, except that a peace officer or other authorized representative of the 17 Department of Public Safety may be liable for civil damages that are the result of the 18 peace officer's or representative's intentional misconduct. 19 * Sec. 3. AS 18.65.320(b) is amended to read: 20 (b) A person whose identification card has been cancelled shall return the 21 physical card to the department. Failure to return a cancelled card within 10 days after 22 receiving notice of the cancellation is a violation punishable by a fine of up to $100. 23 * Sec. 4. AS 28.05.021 is amended by adding a new subsection to read: 24 (c) The commissioner of administration may enter into an agreement with a 25 law enforcement agency, governmental agency or program, or data exchange service, 26 including the National Driver Register, the Problem Driver Pointer System, the 27 Commercial Driver's License Information System, the State-to-State Verification 28 Service, and the Driver's License Data Verification Service. 29 * Sec. 5. AS 28.05.051 is amended to read: 30 Sec. 28.05.051. Suspended or revoked documents. (a) When the department 31 suspends or revokes a vehicle registration, certificate of registration, registration plate,
01 permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 02 person in possession of the document shall, immediately upon receiving notice of the 03 suspension, revocation, or cancellation, mail or deliver the registration, certificate, 04 plate, permit, or physical license to the department. 05 (b) The commissioner, officers and employees of the department designated 06 by the commissioner, judges and employees of a court, and all peace officers [,] may 07 take possession of a certificate of title, registration, or physical license issued by this 08 jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 09 stolen, or altered. 10 * Sec. 6. AS 28.05.068(a) is amended to read: 11 (a) If the department conveys, distributes, or communicates data to be used in 12 a database, index, pointer system, or any other system managed by an entity other than 13 the department [, INCLUDING THE AMERICAN ASSOCIATION OF MOTOR 14 VEHICLE ADMINISTRATORS,] to comply with the requirements of P.L. 109-13, 15 Division B (REAL ID Act of 2005), the department may not convey, distribute, or 16 communicate to that entity any data not required to be conveyed, distributed, or 17 communicated for the state to be certified by the United States Department of 18 Homeland Security to be in compliance with the requirements of P.L. 109-13, 19 Division B (REAL ID Act of 2005). 20 * Sec. 7. AS 28.05.068(b) is amended to read: 21 (b) Notwithstanding (a) of this section, the department may [NOT] convey, 22 distribute, or communicate data to a private entity only to confirm the information 23 of an individual who has voluntarily provided the individual's state driver's 24 license or identification card [ANY SCANNED OR STORED DOCUMENTS 25 COLLECTED IN ORDER] to carry out the provisions of AS 28.15.151(g) 26 [AS 28.15]. 27 * Sec. 8. AS 28.15.011(b) is amended to read: 28 (b) Every person exercising the person's privilege to drive, or exercising any 29 degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 30 area, or other public property in this state, is required to have in the possession of the 31 person a valid physical or electronic Alaska driver's license issued under the
01 provisions of this chapter for the type or class of vehicle driven, unless expressly 02 exempted by law from this requirement. 03 * Sec. 9. AS 28.15 is amended by adding a new section to read: 04 Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 05 department may issue an electronic driver's license or permit under this chapter to a 06 person who possesses a physical driver's license or permit. A person issued an 07 electronic driver's license or permit shall retain the physical driver's license or permit 08 issued by the department. 09 (b) The commissioner shall adopt regulations for the issuance and use of 10 electronic driver's licenses and permits issued under this chapter. The commissioner 11 may adopt regulations to require a driver to possess a physical driver's license on the 12 driver's person in certain circumstances. 13 (c) If a person's physical driver's license is seized, revoked, canceled, limited, 14 restricted, or suspended under this chapter, the department shall display a notice 15 regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 16 across the front of the person's electronic driver's license. 17 * Sec. 10. AS 28.15.131(a) is amended to read: 18 (a) A licensee shall have the licensee's physical or electronic driver's license 19 in immediate possession at all times when driving a motor vehicle, and shall present 20 the license for inspection upon the demand of a peace officer or other authorized 21 representative of the Department of Public Safety identified as such to the licensee by 22 the officer or representative. However, a person charged with violating this section 23 may not be convicted if the person produces in court or in the office of the arresting or 24 citing officer, a driver's license previously issued to the person that was valid at the 25 time of the person's arrest or citation. 26 * Sec. 11. AS 28.15.131 is amended by adding new subsections to read: 27 (c) Presentation of an electronic driver's license or permit on a mobile 28 electronic device under this chapter does not constitute consent for a peace officer or 29 other authorized representative of the Department of Public Safety to search, view, or 30 access other contents of the mobile electronic device. A peace officer or other 31 authorized representative of the Department of Public Safety presented with an
01 electronic driver's license or permit shall promptly return the mobile electronic device 02 to the person once the peace officer or representative verifies the identity and license 03 or permit status of the person. 04 (d) A peace officer or other authorized representative of the Department of 05 Public Safety presented with an electronic driver's license or permit on a mobile 06 electronic device under this chapter is immune from liability resulting from damage to 07 the device, except that a peace officer or other authorized representative of the 08 Department of Public Safety may be liable for civil damages that are the result of the 09 peace officer's or representative's intentional misconduct. 10 * Sec. 12. AS 28.15.151(a) is amended to read: 11 (a) The department shall maintain a file of 12 (1) every driver's license application, license or permit, and duplicate 13 driver's license issued by the department [IT]; 14 (2) every license that has been suspended, revoked, canceled, limited, 15 restricted, or denied, and the reasons for those actions; 16 (3) all accident reports required to be forwarded to the department 17 under this title; [AND] 18 (4) every disqualification of an individual from operating a 19 commercial motor vehicle; and 20 (5) every application for an electronic driver's license or permit 21 and the electronic driver's licenses and permits issued by the department. 22 * Sec. 13. AS 28.15.151 is amended by adding a new subsection to read: 23 (g) The department may, upon the request of a person or the person's designee, 24 furnish information about the person maintained by the department under this section 25 to 26 (1) a nonprofit organization or governmental or tribal entity approved 27 by the United States Social Security Administration to facilitate driver's license data 28 verification. An entity that receives information under this subsection shall use the 29 information only for driver's license data verification purposes and may not disclose, 30 retain, sell, or use the information for any other purpose. The entity shall maintain 31 reasonable administrative, technical, and physical safeguards to protect the
01 confidentiality, integrity, and security of the information; in this paragraph, "nonprofit 02 organization" means an organization that qualifies for exemption from taxation under 03 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code); 04 (2) an entity participating in the Transportation Security 05 Administration's Registered Traveler Programs; information provided under this 06 paragraph shall be used for lawful purposes and is not limited to use within a program 07 if the entity receives the information to facilitate driver's license or identification card 08 data verification and the individual has voluntarily provided the individual's driver's 09 license or identification card. 10 * Sec. 14. AS 28.15.165(b) is amended to read: 11 (b) After reading the notice under (a) of this section, the law enforcement 12 officer shall seize the person's physical driver's license if the physical driver's 13 license [IT] is in the person's possession and shall deliver the physical driver's 14 license [IT] to the department with a sworn report describing the circumstances under 15 which the physical driver's license [IT] was seized. If the person was operating a 16 commercial motor vehicle, the officer shall order the person out of service under 17 AS 28.33.130. 18 * Sec. 15. AS 28.15.166(a) is amended to read: 19 (a) A person who has received a notice under AS 28.15.165(a) may make a 20 written request for administrative review of the department's action under 21 AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 22 person's physical driver's license has not been previously surrendered to the 23 department, the physical driver's license [IT] shall be surrendered to the department 24 at the time the request for review is made. 25 * Sec. 16. AS 28.15.182(d) is amended to read: 26 (d) When imposing a limitation under (c) of this section, the court shall 27 (1) require the surrender of the physical driver's license; and 28 (2) issue to the person a certificate valid for the duration of the 29 limitation specifying the terms of the limited license. 30 * Sec. 17. AS 28.15.183(b) is amended to read: 31 (b) After reading the notice under (a) of this section, the peace officer shall
01 seize the person's physical driver's license or permit if the physical driver's license 02 or permit [IT] is in the person's possession and shall deliver the physical driver's 03 license or permit [IT] to the department with a sworn report describing the 04 circumstances under which the physical driver's license or permit [IT] was seized. 05 * Sec. 18. AS 28.15.184(a) is amended to read: 06 (a) A person who has received a notice under AS 28.15.183(a) may make a 07 written request for administrative review of the department's action. If the person's 08 physical driver's license or permit has not been previously surrendered to the 09 department, the physical driver's license or permit [IT] shall be surrendered to the 10 department at the time the request for review is made. 11 * Sec. 19. AS 28.15.187(b) is amended to read: 12 (b) After reading the notice under (a) of this section, the peace officer shall 13 seize the person's physical driver's license if the physical driver's license [IT] is in 14 the person's possession and shall deliver the physical driver's license [IT] to the 15 department with a sworn report describing the circumstances under which the 16 physical driver's license [IT] was seized. 17 * Sec. 20. AS 28.15.189(a) is amended to read: 18 (a) A person who has received a notice under AS 28.15.187(a) may make a 19 written request for administrative review of the department's action. If the person's 20 physical driver's license has not been previously surrendered to the department, the 21 physical driver's license [IT] shall be surrendered to the department at the time the 22 request for review is made. 23 * Sec. 21. AS 28.15.191(c) is amended to read: 24 (c) A court that suspends, revokes, or limits a driver's license shall require the 25 surrender of the physical license, and shall immediately forward the physical driver's 26 license [IT] to the department with the record of conviction and notification of the 27 effective date of the suspension, revocation, or limitation as determined under 28 AS 28.15.211(b). 29 * Sec. 22. AS 28.15.191(g) is amended to read: 30 (g) A court that has ordered a person to refrain from consuming alcoholic 31 beverages as part of a sentence for conviction of a crime under AS 28.35.030,
01 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 02 following a conviction under those sections or a similar municipal ordinance, or as a 03 condition of probation or parole for any other crime shall 04 (1) require the surrender of the person's physical license and 05 identification card and forward the physical license and identification card to the 06 department; 07 (2) report the order to the department within two days; and 08 (3) inform the person that the person's license and identification card 09 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 10 otherwise qualified to receive a license or identification card, when the person obtains 11 a new license or identification card, the license or identification card must list the 12 restriction imposed by AS 04.16.160 for the period of probation or parole. 13 * Sec. 23. AS 28.15.191(h) is amended to read: 14 (h) The board of parole shall notify the department within two days whenever 15 a person has been ordered to refrain from consuming alcoholic beverages as a 16 condition of parole, shall require the person to surrender the person's physical license 17 and identification card, and shall inform the person that the person's license and 18 identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 19 and that, if the person is otherwise qualified to receive a license or identification card, 20 when the person obtains a new license or identification card, the license or 21 identification card must list the restriction imposed by AS 04.16.160. 22 * Sec. 24. AS 28.15.201(b) is amended to read: 23 (b) A court imposing a limitation under (a) of this section shall 24 (1) require certification of employment; 25 (2) require proof of enrollment in and compliance with or completion 26 of an alcoholism treatment program when appropriate; 27 (3) require the surrender of the physical driver's license; and 28 (4) issue to the licensee a certificate valid for the duration of the 29 limitation. 30 * Sec. 25. AS 28.20.560(a) is amended to read: 31 (a) A person whose license or registration is suspended under any provision of
01 this chapter, or whose policy of insurance or bond, when required under this chapter, 02 is canceled or terminated, shall immediately return the person's physical license or 03 registration to the department. If a person fails to return the license or registration to 04 the department, the department, through the commissioner of public safety, shall 05 immediately direct a peace officer to obtain possession of the license or registration 06 [IT] and to return the license or registration [IT] to the department. 07 * Sec. 26. AS 28.22.041(d) is amended to read: 08 (d) When imposing a limitation under this section, the department shall 09 (1) require the surrender of the driver's physical license; and 10 (2) issue to the licensee a certificate valid for the duration of the 11 limitation. 12 * Sec. 27. AS 28.33.100 is amended by adding a new subsection to read: 13 (j) Upon application, the department may issue an electronic commercial 14 driver's license under AS 28.15.126. 15 * Sec. 28. AS 28.33.140(i) is amended to read: 16 (i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 17 person from driving a commercial motor vehicle shall require the surrender of the 18 physical license, and shall immediately forward the physical license to the department 19 with the record of conviction and notification of the effective date of the 20 disqualification. If the disqualification occurs by administrative action as described in 21 (a) of this section, the person disqualified from driving shall surrender the physical 22 license to the department. 23 * Sec. 29. AS 28.35.034 is amended to read: 24 Sec. 28.35.034. Surrender of license or permit. A person whose license or 25 permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 26 28.15.181 shall surrender the physical license or permit to the department on receipt 27 of notice of the revocation. After the period of revocation has expired, the person may 28 make application for a new license as provided by law. 29 * Sec. 30. AS 33.16.150(i) is amended to read: 30 (i) In addition to other conditions of parole imposed under this section, for a 31 prisoner who is serving a sentence for an offense involving the use of alcohol and
01 whom the board has ordered to refrain from possessing or consuming alcoholic 02 beverages, the board shall require the surrender of the person's physical driver's 03 license or identification card, forward the physical license or identification card to the 04 department, and impose as a condition of parole that, if the parolee is eligible for a 05 driver's license or identification card, the parolee shall apply to the department for a 06 new license or identification card with a restriction imposed on the person under 07 AS 04.16.160. The board shall notify the department of the board's order under this 08 subsection by providing a copy of the board's order. Upon discharge from parole, the 09 board shall notify the department of the parolee's discharge. In this subsection, 10 "department" means the Department of Administration. 11 * Sec. 31. This Act takes effect immediately under AS 01.10.070(c).