Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/22/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB18 | |
| SB208 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 18 | TELECONFERENCED | |
| *+ | SB 208 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 18-ALLOW ELECTRONIC DRIVERS' LICENSES AND ID
3:33:03 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 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."
3:33:15 PM
SENATOR WIELECHOWSKI joined the meeting.
3:33:19 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented the sponsor statement for
SB 18:
[Original punctuation provided.]
Senate Bill 18
Sponsor Statement
"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."
Smartphones and other smart mobile electronic devices
have become an indispensable part of modern life.
These devices provide convenient communication,
information and entertainment such that there is
almost no aspect of life that smartphones have not
made easier.
SB 18 seeks to leverage these modern communications
technologies to enhance convenience for Alaskans and
allow them to use electronic versions of their drivers
licenses, drivers permits or state identification
cards. Alaskans are currently required to carry
physical drivers licenses and permits when driving or
operating a vehicle. This bill will allow them to use
applications like Apple Wallet for iPhones to show
their credentials when requested by peace officers
including local law enforcement or Department of
Public Safety (DPS) personnel.
On top of increasing convenience, this bill protects
the licensee and user of the smart device as well as
local law enforcement and DPS. It protects the privacy
of the licensee and smart device user by prohibiting
representatives of DPS or local law enforcement from
searching, viewing or accessing other contents of the
mobile electronic device. It protects DPS and local
law enforcement from liability resulting from damage
to the electronic device, except for intentional
misconduct.
Alaskans have been allowed to use their smartphones to
display proof of insurance since 2013 and use their
smartphones to display fishing and hunting licenses
since 2018. Therefore, it is logical that Alaskans be
allowed to use their smartphones to display electronic
versions of their drivers licenses, drivers permits
and state identification cards. I respectfully urge
your support of SB 18.
3:35:44 PM
MR. HAYES presented the sectional analysis for SB 18:
[Original punctuation provided.]
Senate Bill 18
Sectional Analysis
"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."
Section 1. AS 18.65.310(a) Adds the word physical
specifying that the department shall issue a physical
identification card upon the payment of a $15 fee.
Section 2. AS 18.65.310 Adds new subsections:
(s) The department may issue an electronic
identification card to those who possess a physical
identification card, pay an additional $50 fee, and
retain a physical identification card.
(t) The department shall adopt regulations for issuing
and use of electronic identification cards.
(u) Department of Public Safety (DPS) representatives
and peace officers may not search, view, or access
other contents of the mobile electronic device without
consent.
(v) DPS representatives and peace officers are not
liable for damages of the mobile electronic device
unless for intentional misconduct.
Section 3. AS 18.65.320(b)
Adds the word physical specifying that a person whose
physical identification card has been cancelled must
return that card within 10 days of receiving the
cancellation notice or be subject to a $100 fine.
Section 4. AS 18.65.330
Amends section by adding definition of electronic
identification cards:
(2) "electronic identification cards" a data file
specific to an individual that
(a) displays the current identification card
(b) is available on a mobile electronic device through
an app that allows the individuals data file to be
downloaded from the department.
Section 5. AS 28.05.051
Adds the word physical specifying that revoked
physical licenses shall be immediately returned to the
department upon receiving notice and allows the DOA
commissioner, officers, or employees, as well as
Judges and court employees to take possession of
physical licenses.
Section 6. AS 28.15.011(b)
Adds the words physical or electronic specifying that
drivers must possess a physical or electronic Alaskan
drivers' license.
Section 7. AS 28.15
Adds new section: Sec. 28.15.126 Electronic licenses
and permits.
(a) DOA may issue electronic drivers' licenses or
permits to a person who possess a physical license or
permit and drivers shall retain their physical
license.
(b) The commissioner shall adopt regulations to issue
electronic licenses or permits and they may adopt
regulations to require physical licenses in certain
circumstances.
(c) The department shall display a notice of seizure,
revocation, cancellation or limitation across the
front of the persons electronic drivers license.
Section 8. AS 28.15.131(a)
Adds the words physical or electronic specifying that
drivers must have a physical or electronic license in
immediate possession when driving and drivers must
surrender their license when required by DPS
representatives or peace officers.
Section 9. AS 28.15.131
Adds new subsections:
(c) DPS representatives or peace officers cannot
search, view or access other contents of the mobile
electronic device without consent.
(d) DPS representatives or peace officers are not
liable for damages of the mobile electronic device
unless for intentional misconduct.
Section 10. AS 28.15.151(a)
(5) the department shall maintain files of every
application for an electronic driver's license or
permits and the permits and licenses issued by the
department.
Section 11. AS 28.15.165(b)
Adds the word physical specifying the seizure of a
person's physical drivers' license.
Section 12. AS 28.15.166(a)
Adds the word physical specifying that a person my
request administrative review for the seizure of their
physical driver's license in AS 28.15.165 and if the
license has not been surrendered to the department, it
shall be at the time of the request.
Section 13. AS 28.15.182(d)
Adds the word physical specifying that the court shall
require the surrender of the physical driver's license
when imposing limitations in (c) of this section.
Section 14. AS 28.15.183(b)
Adds the word physical specifying that the peace
office shall seize a person's physical driver's
license after reading the notice in (a) of this
section.
Section 15. AS 28.15.184(a)
Adds the word physical specifying a person my request
administrative review for the seizure of their
physical driver's license in AS 28.15.183(a) and if
the license has not been surrendered to the
department, it shall be at the time of the request.
Section 16. AS 28.15.187(b)
Adds the word physical specifying that a peace officer
shall seize the persons physical driver's license
after reading them the notice in (a) of this section.
Section 17. AS 28.15.189(a)
Adds the word physical specifying a person requesting
administrative review for notice received under AS
28.15.187 and if the license has not been surrendered
to the department, it shall be at the time of the
request
Section 18. AS 28.15.191(c)
Adds the word physical specifying a physical license
shall be surrendered if the court suspends, revokes,
or limits a license.
Section 19. AS 28.15.191(g)
Adds the words physical specifying that a physical
license shall be surrendered as a condition of parole
or probation.
Section 20. AS 28.15.191(h)
Adds the word physical specifying that the board of
parole shall require the surrender of the persons
physical license.
Section 21. AS 28.15.201(b)
Adds the word physical specifying that a physical
driver's license shall be surrendered when a court
imposes limitations under (a) of this section.
Section 22. AS 28.15.271(a)
Increases the licensing fees and adds fee for
electronic drivers' licenses or permits
1) Noncommercial licenses from [$20] to $31
2) Commercial licenses from [$100] to $155
3) Instruction permits from [$15] to $23
4) Duplicate drivers' license or permit from [$15]
to $23
5) Temporary license or renewal of permit from [$5]
to $8
6) School bus driver endorsement renewal from [$5]
to $8
7) Electronic drivers license or permit $50
Section 23. AS 28.20.560
Adds the word physical specifying that if a person
whose license or registration is revoked under this
chapter, they shall immediately return their physical
license or registration to the department.
Section 24. AS 28.22.019(d)
Amends section by requiring DPS representative or
peace officer who is presented with proof of motor
vehicle liability insurance on a mobile electronic
device to promptly return the device once they verify
the person possesses liability insurance.
Section 25. AS 28.22 019
Adds new subsection:
(f) A DPS representative or peace officer is immune
from liability if the mobile electronic device being
used to determine the persons motor vehicle liability
insurance status is damaged.
Section 26. AS 28.22.041(d)
Adds the word physical specifying that when imposing
limitations under this section the department shall
require the surrender of the driver's physical
license.
Section 27. AS 28.33.100
Adds a new subsection
(g) the department may issue electronic commercial
drivers licenses.
Section 28. AS 28.33.140(i)
Adds the words physical specifying that if the court
disqualifies a person from driving a commercial motor
vehicle the person shall surrender their physical
license.
Section 29. AS 28.35.034
Adds the word physical specifying that a person must
surrender their physical license or permit if it has
been revoked under AS 28.15.165 or AS 28.15.181.
Section 30. AS 28.90.990(a)
Adds a new paragraph:
(33) defines electronic driver's license or permit as
a data file that is specific to an individual that
(A) displays the current drivers license and
(B) is available on a mobile electronic device
thorough an app that allows the individuals data file
to be downloaded from the department.
Section 31. AS 33.16.150(i)
Adds the words physical specifying that in addition to
other conditions of parole imposed under this section
the board shall require the surrender of the physical
driver's license or identification card and forward
them to the department.
Section 32.
Provides the Department of Administration the ability
to adopt regulations necessary to implement this Act.
Section 33.
Provides an immediate effective date for Section 32 of
this Act.
Section 34. Provides an effective date of January 1,
2025 for this Act except as provided for in Section
33.
3:46:31 PM
SENATOR BJORKMAN referenced Section 7 of the sectional analysis
and wondered about the labeling mechanics and requirements for
electronic licensing. He asked whether an electronic license
could be displayed in a real time format or as a screen captured
photo on the website.
3:47:31 PM
CHAIR KAWASAKI highlighted examples of electronic processes that
were implemented by the state, including the ability to display
valid fishing and hunting licenses online, which has a similar
structure to the myAlaska portal. Other states are developing
new systems and their own applications. He envisioned that the
proposed electronic process would resemble the structure of
Apple Wallet, which includes basic visual information. He also
noted that motor vehicle insurance can be displayed digitally.
He invited Captain Dunford to offer further insights.
3:49:27 PM
RAMIN DUNFORD, Captain, Alaska State Troopers, Anchorage,
Alaska, said insurance companies typically offer electronic
copies of insurance documents, which can be presented to law
enforcement.
3:50:18 PM
CHAIR KAWASAKI asked if there are concerns about falsified
digital insurance documents.
3:50:56 PM
CAPTAIN DUNFORD replied that the existence of false documents is
inevitable. However, he has not personally experienced instances
of falsified insurance documents. If occurrences of
falsification became prevalent, trooper training could address
the issue. In his experience, verifying insurance is generally
simple.
3:52:08 PM
CHAIR KAWASAKI opened public testimony on SB 18; finding none,
he closed public testimony.
CHAIR KAWASAKI held SB 18 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0018A.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 18 |
| SB 18. Sponsor Statement. 1.31.24.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 18 |
| SB 18. Sectional Analysis 1. 31.25.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 18 |
| SB 18 fiscal note 2.19.24.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 18 |
| Digital Drivers Licenses__Jan 2024.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 18 Digital Drivers License |
| SB0208A.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 208 |
| SB208 Sectional Analysis.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 208 |
| 01.24.24 DMV Omnibus Senate Transmittal Letter.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 208 |
| SB208-DOA-DMV-02-16-2024.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 208 |
| Follow up responses SB 208.pdf |
SSTA 2/22/2024 3:30:00 PM |
SB 208 |