Legislature(2021 - 2022)BUTROVICH 205
04/07/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB194 | |
| SB215 | |
| HB234 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 234 | TELECONFERENCED | |
| *+ | SB 215 | TELECONFERENCED | |
| *+ | SB 205 | TELECONFERENCED | |
| *+ | SB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 194 | TELECONFERENCED | |
SB 194-ALLOW ELECTRONIC DRIVERS' LICENSES AND ID
3:36:34 PM
VICE CHAIR REINBOLD announced the consideration of SENATE BILL
NO. 194 "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."
3:36:46 PM
SENATOR KAWASAKI, speaking as sponsor of SB 194, explained that
the legislation would allow Alaskans to carry a digital version
of their driver's license, driver's permit, or state
identification on their mobile device. He credited a constituent
for bringing this idea forward. He pointed out that Alaskans
have been able carry proof of auto insurance on their smart
phones since 2013 and proof of their hunting license since 2018.
He said it only makes sense to allow Alaskans to carry a digital
copy of their driver's license, learner's permit or state
identification on their smart phone.
He deferred further introduction to Stuart Relay.
3:38:22 PM
STUART RELAY, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented the sponsor statement for
SB 194 on behalf of the sponsor. It read as follows:
[Original punctuation provided.]
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 194 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 194. Please reach out to my office
with any questions.
3:40:45 PM
MR. RELAY presented the sectional analysis for SB 194.
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.
3:42:54 PM
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 electroniclicense in
immediate possession when driving and drivers must
surrender their license when required by DPS
representatives or peace officers.
3:43:49 PM
MR. RELAY continued to paraphrase the sectional analysis for SB
194.
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.
3:44:36 PM
[MR. RELAY did not read the conforming sections 11-21, but they
are included here.]
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.
3:45:15 PM
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.
3:46:25 PM
MR. RELAY continued to paraphrase the sectional analysis for SB
194.
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.
3:47:58 PM
MR. RELAY continued to paraphrase the sectional analysis for SB
194.
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, 2023 for this
Act except as provided for in Section 33.
3:49:10 PM
VICE CHAIR REINBOLD asked the sponsor if he had anything to add.
SENATOR KAWASAKI restated that the bill provides the option to
carry a digital copy of a driver's license, driver's permit, or
state identification card; it is not mandatory. He described
this as an added benefit and freedom, and noted out that five or
six other states have adopted a similar policy.
SENATOR HOLLAND asked for an explanation of the fee increase [in
Section 22] and the date these fees were last increased.
MR. RELAY answered that the fee increases in Section 22 track
inflation since the last increase in 2002.
SENATOR HOLLAND asked if digital licenses would be associated
with an app rather than a digital copy of the license.
MR. RELAY said that was his understanding but he would defer to
Mr. Schmitz.
3:51:42 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), Anchorage, Alaska, confirmed
the digital license would be associated with an app. He also
clarified that the specific process to implement the bill,
should it pass, had not been identified. The division was
learning along with the sponsor. He acknowledged that a number
of other states were looking at this concept, but there was no
universal solution.
SENATOR HOLLAND said his assumption was that as part of the
process, DMV would have the ability to deactivate a digital
license that was suspended or revoked; it would not be up to the
license holder.
MR. SCHMITZ restated that DMV would need to establish the full
process and likely find a vender to help. He said the contract
with the current driver's license vender expires at the end of
2023, and it was DMV's intention that the request for proposal
(RFP) and procurement process for the new vender include
electronic proposals.
SENATOR HOLLAND said he was aware that some states already offer
this option and he looked forward to it being available in
Alaska. However, setting the fee structure without knowing the
process was a concern.
3:56:02 PM
VICE CHAIR REINBOLD asked how the digital driver's license would
affect or interact with Real ID.
MR. SCHMITZ replied that the division would need to study that
interaction. He was aware that multiple states were trying to
develop standards that all states could adopt and Alaska could
join that conversation.
SENATOR REINBOLD commented that there were lots of unknowns as
evidenced by Section 7 that talks about a number of things the
division may or shall do. She also asked if the fee increases
were reasonable and if the division had any deep concerns with
the bill.
3:58:09 PM
MR. SCHHMITZ said DMV couldn't comment on whether or not the fee
structure was reasonable. They had not heard from the sponsor or
drafter about the basis for selecting those fees. The division's
fiscal note, which is in excess of $10 million, recognizes that
developing an electronic solution would be an expensive endeavor
if the state were to do it on its own. He said the division has
a neutral position on the bill, but acknowledges that the
industry is moving in this direction. Regardless, DMV would
follow the legislature's direction.
4:01:04 PM
SENATOR REINBOLD asked the sponsor if he had anything to add.
SENATOR KAWASAKI answered not at this point.
MR. RELAY stated that the $50 fee in Section 22 was selected
somewhat arbitrarily with the expectation that it would be
adjusted as the bill goes through the process.
SENATOR HOLLAND said this is a great idea and he looks forward
to seeing what other states charge.
4:02:25 PM
VICE CHAIR REINBOLD held SB 194 in committee for future
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB234 support 6 letters 4-4.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| SB 57 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB 57 Sectional Analysis.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB194.Sponsor.Statement.02.24.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 194 |
| SB194.Sectional.Analysis.02.24.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 194 |
| SB 205 Version G.PDF |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| Sectional Analysis - DRAFT.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| SB 205 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| TP_MVP_WV_CaseStudy.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| MVP One-Pager 2022 (1).pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| MV_SecurityInfographic.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 205 |
| SB 57 Sponsor Statement.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| SB 57 Sectional Analysis.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 57 |
| HB 234 version C Sponsor Statement.docx.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| HB 234 version C, presentation.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| HB 234 version C, Sectional Analysis.docx.pdf |
SSTA 4/7/2022 3:30:00 PM |
HB 234 |
| SB 215 Sponsor Statement 4.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 215 |
| SB 215 Sectional Analysis Version A 4.22.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 215 |
| 6 LETTERS OF SUPPORT.pdf |
SSTA 4/7/2022 3:30:00 PM |
SB 234 |