Legislature(2025 - 2026)BUTROVICH 205
04/24/2025 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB104 | |
| HB31 | |
| SB165 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 31 | TELECONFERENCED | |
| *+ | SB 165 | TELECONFERENCED | |
| += | SB 104 | TELECONFERENCED | |
SB 165-ELECTRONIC DRIVER'S LICENSES
2:30:26 PM
VICE CHAIR TOBIN announced the consideration of SENATE BILL NO.
165 "An Act relating to the powers of the commissioner of
administration with respect to motor vehicles; relating to
electronic identification cards; relating to electronic driver's
licenses and permits; and providing for an effective date."
2:30:48 PM
At ease.
2:30:58 PM
VICE CHAIR TOBIN reconvened the meeting.
2:31:13 PM
ERIC DEMOULIN, Director of Finance, Division of Administrative
Services, Department of Administration (DOA), explained that SB
165 would modernize Alaska's driver's license program. The
electronic driver's license would compliment the physical
license and show that Alaska is working towards advancements and
greater convenience that he opined the public would like to see
from government agencies. He stated that SB 165 would strengthen
privacy protections, clarify legal procedures for law
enforcement, and ensure that digital driver's licenses are
convenient without compromising existing standards. In addition,
SB 165 reflects the growing expectation for secure mobile
services from government agencies. He reiterated that this would
not replace the physical driver's license but would provide
greater convenience and expand digital capabilities for
Alaskans.
2:32:54 PM
FORREST WOLFE, Legislative Liaison, Commissioner's Office,
Department of Administration (DOA), Anchorage, Alaska,
paraphrased the sectional analysis for SB 165:
[Original punctuation provided.]
SECTIONAL ANALYSIS
SB 165: Electronic Driver's Licenses
Version A
Section 1: This section adds the word "physical" into
Alaska Statute 18.65.310(a) to distinguish that a
"physical" Identification Card will now be $15.
Section 2: This section amends Alaska Statute
18.65.310 by adding a new subsection which establishes
that upon application, the department may issue an
electronic identification card to a person who
currently possesses a physical identification card,
and that the electronic identification cards can be a
digital companion to physical identification cards,
yet it is still mandated that a person retain their
physical identification card. This section also
requires the department to adopt regulations governing
the issuance and use of electronic identification
cards. Additionally, the section includes privacy
protections by explicitly stating that presenting an
electronic ID to law enforcement does not grant
permission for officers to search or access any other
data on the mobile device while also granting them
immunity from liability for any damage to the device
unless intentional misconduct is involved.
2:34:11 PM
MR. WOLFE continued to paraphrase from the sectional analysis
for SB 165:
[Original punctuation provided.]
Section 3: This section adds the word "physical" into
Alaska Statute 18.65.320(b) to specify that if an
identification card is cancelled, they would need to
return the physical card to the department.
Section 4: This section adds a new subsection into
Alaska Statute 28.05.021 which will allow the
Commissioner of Administration to enter into
agreements with a law enforcement agency, a
governmental agency or program or a data exchange
service.
Section 5: This section adds the word "physical" into
Alaska Statute 28.05.051 to state that if a license is
suspended, revoked, or cancelled, they would need to
return the physical card to the department. This
section also allows for designated officials to take
possession of a physical license in the event of
invalidity.
Section 6: This section amends Alaska Statute
28.15.011(b) to require all drivers to have a physical
or electronic driver's license when operating a motor
vehicle.
Section 7: This section amends Alaska Statute 28.15 by
adding authority in a new section for the Department
of Administration to begin issuing electronic driver's
licenses or permits to customers who possess a
physical driver's license or permit, which they will
be required to retain. This section also requires the
Commissioner to adopt regulations for issuance and use
of SB 165 Sectional Analysis ver. A April 9, 2025 Page
2 of 3 electronic licenses and permits along with an
option for the commissioner to require the physical
driver's license be carried on their person in certain
circumstances. Lastly, this section requires the
department to display notice of revocation,
cancellation, limitation, restriction, or suspension
across the front of the electronic license.
2:35:18 PM
MR. WOLFE continued to paraphrase from the sectional analysis
for SB 165:
[Original punctuation provided.]
Section 8: This section adds "physical or electronic"
into Alaska Statute 28.15.131(a) which requires a
driver to always have a driver's license in their
possession when driving a motor vehicle.
Section 9: This section adds a new subsection to
Alaska Statute 28.15.131 to protect the drivers'
privacy by prohibiting officers from accessing other
data on mobile devices when checking an electronic
license. It also grants immunity to law enforcement
from liability for damage to a mobile device when
verifying an electronic driver's license, except in
cases of intentional misconduct.
2:35:53 PM
VICE CHAIR TOBIN asked how the electronic license would be
managed, whether the program would be secure, and inquired about
security measures and consumer protections.
MR. WOLFE deferred the question.
2:36:47 PM
LAUREN WHITESIDE, Division Operations Manager, Division of Motor
Vehicles (DMV), Department of Administration (DOA), Anchorage,
Alaska, said the electronic licenses would be managed via
digital applications (apps). She explained that both the license
holder and license verifier apps were developed by DMV (using
DMV's current credential vendor) in accordance with the
International Organization for Standardization's (ISO) best
standards and best practices. She emphasized that all privacy in
the app is protected and tested within the app. No information
is stored in the verifier app.
2:37:44 PM
SENATOR KIEHL asked for confirmation of his understanding that
electronic licensing would only work in areas with a Wi-Fi or
cellular signal.
2:37:57 PM
MS. WHITESIDE said the electronic license holder app would work;
however, any real-time updates would require cellular service.
2:38:19 PM
SENATOR KIEHL asked for clarification of whether the app retains
information when closed.
2:38:39 PM
MS. WHITESIDE clarified that there would be two different apps:
an app for the electronic license holder (which would display
the license holder's credentials) and one for verification (for
use by retailers and law enforcement to verify the license
holder's credentials). The driver's license holder app would
retain the credential data, thus making it accessible to the
license holder regardless of whether a cellular signal is
available. She offered an example of an address update to
illustrate a situation in which the data would not be updated if
no cellular service is available.
2:39:29 PM
SENATOR KIEHL asked for further clarification of whether the
verifier app would work if no cellular service was available.
2:39:42 PM
MS. WHITESIDE said this is a concern in remote areas of the
state. She confirmed that the verification app would not
function without a cellular signal and said that, in that case,
a request to see the physical license card would be justified.
She emphasized that the electronic license would not be a
standalone credential; rather, it would be a companion to a
physical license. Therefore, each license holder should carry a
physical license in areas where a cellular signal is not
available.
2:40:20 PM
SENATOR KIEHL opined that the general impression when
considering a digital identification card or digital license is
that it is a standalone credential that would render the
physical card unnecessary. He noted that, according to SB 165,
the commissioner may adopt regulations specifying circumstances
in which both forms (physical and electronic) would be required.
He commented that this seems to conflict with the testimony,
which indicates that both forms of the credential would always
be required and asked for further clarification.
2:41:12 PM
MS. WHITESIDE confirmed that SB 165 gives the commissioner the
authority to designate specific instances in which both forms of
the credential would be required. She stated that the DOA
recommends that drivers carry both the electronic and physical
copy of their license, as there are circumstances in which the
mobile app may not work.
2:41:56 PM
VICE CHAIR TOBIN directed attention to SB 165, page 3, line 31,
which says "physical or electronic". She expressed confusion
about when the recommendation would be to carry both the
electronic and physical copy, as this is not reflected in the
legislation.
2:42:19 PM
MS. WHITESIDE said there are a few discrepancies in SB 165 that
DOA would recommend clarifying. She indicated that law
enforcement agencies have communicated to DOA that the
electronic license should be a companion to the physical
license. However, DOA would follow SB 165 to the letter if it
should pass.
2:43:02 PM
VICE CHAIR TOBIN expressed concern that DOA recommends that
drivers carry both, while SB 165 states that only one is
required. She said that this creates room for different
interpretations by law enforcement, which could result in
enforcement discrepancies. She stated that the committee would
work to clarify this. She asked how this would impact
municipalities and municipal policies that require
identification. She wondered about the implications for
Transportation Security Administration (TSA) Real ID
requirements. She also asked about licenses with specific
designations restricting purchase or consumption of certain
beverages.
2:44:30 PM
MS. WHITESIDE said the electronic identification reflects the
Real ID designation in two ways and described these. Alcohol
prohibition and restriction is also reflected. This information
would be available on both the user app and the verifier app.
2:45:05 PM
VICE CHAIR TOBIN asked for clarification that the electronic
identification with the Real ID star would be accepted by TSA.
2:45:16 PM
MS. WHITESIDE said DMV is working on the application for TSA
checkpoints. She briefly described this process. She expressed
hope that the electronic identification would be accepted at
Alaska TSA checkpoints by the end of 2025.
2:45:53 PM
SENATOR KIEHL noted hesitancy to obtain Real ID due to privacy
concerns. He asked who DOA currently has contracts and
agreements with.
2:46:36 PM
MS. WHITESIDE said that Section 4 of SB 165 states that data is
shared with the National Driver Registry, the Problem Driver
Pointer System, the Commercial Driver License Information
System, and the State-to-State Verification System. No data is
shared with the Drivers License Data Verification Service.
2:47:04 PM
SENATOR KIEHL asked whether there are other data exchange
services that are not explicitly listed in SB 165.
2:47:17 PM
MS. WHITESIDE said she did not think so.
2:47:28 PM
SENATOR KIEHL requested a definitive answer. He asked about
privacy protections and the agreements that are in place as
Alaskans' data is shared to the systems listed in SB 165 - and
potentially shared with a new app vendor.
2:47:53 PM
MS. WHITESIDE clarified that the agreements discussed in SB 165,
Section 4 are not vendor agreements, but are state agency to
state agency agreements (i.e. DMV to DMV). She offered examples
to illustrate instances in which data is shared between state
DMVs. This ensures that unresolved issues in one state are not
overlooked when that individual applies for a driver's license
in another state.
2:48:49 PM
SENATOR KIEHL said this is helpful clarification regarding the
existing agreements. He asked what statutory rules and
requirements would apply to privacy with an electronic license
system.
2:49:15 PM
MS. WHITESIDE said the apps were built in accordance with the
national standard of privacy protection. No additional
agreements would be necessary with the addition of the mobile
credential.
2:49:41 PM
SENATOR KIEHL asked for a copy of the applicable privacy rules.
2:50:18 PM
VICE CHAIR TOBIN requested that DOA provide this information to
the committee. She referred to SB 165, Section 4, line 24 and
requested information about the agreements with law enforcement.
She asked if this is referring solely to state and municipal law
enforcement or whether it would also apply to the US Department
of Homeland Security, the Bureau of Land Management, US
Department of Fish and Wildlife, and other federal agencies.
2:50:26 PM
MR. DEMOULIN said questions are warranted when considering
whether to implement new technology. He said the intention is to
make this as streamlined as possible and create electronic
identification as a companion, utilizing the existing
regulations and privacy protections that apply to physical
identification cards. He drew a parallel with the adoption of
credit cards and offered examples to illustrate this. He opined
that the adoption of an electronic identification card would
benefit Alaskans by creating greater convenience. Regulations
can be reconsidered and adjusted over time, as needed. He
thanked the committee for hearing SB 165 and said DOA would
provide the requested information.
2:51:27 PM
VICE CHAIR TOBIN opined that many Alaskans are somewhat
skeptical of new technology. She emphasized that, according to
the Constitution of the State of Alaska, Alaskans have a right
to privacy.
2:51:51 PM
VICE CHAIR TOBIN held SB 165 in committee.