HB 180-ELECTRONIC DRIVER'S LICENSES  4:32:40 PM CHAIR GRAY announced that the first order of business would be HOUSE BILL NO. 180, "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." 4:33:15 PM ERIC DEMOULIN, Director, Division of Administrative Services, Department of Administration (DOA), presented HB 180, on behalf of the House Rules Standing Committee, sponsor by request of the governor. He said the bill authorizes DOA to offer electronic drivers licenses in conjunction with the physical identification (ID) cards. The bill is designed to strengthen privacy concerns and clarify legal procedures for law enforcement. It would ensure that digital licenses are convenient without compromising existing standards. He reiterated that it would maintain the requirement for individuals to retain a physical ID card. 4:34:43 PM FORREST WOLFE, Legislative Liaison, Department of Administration (DOA), on behalf of the House Rules Standing Committee, sponsor by request of the governor, shared the sponsor statement for HB 180 [included in the committee packet], which read as follows [original punctuation provided]: 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. 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 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. 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. Section 10: This section amends Alaska Statute 28.15.151(a) to add retention requirements of every application for an electronic driver's license or permit as well as copies of the electronic licenses and permits. Section 11: This section adds the word "physical" into Alaska Statute 28.15.165(b) to signify a law enforcement officer to seize the physical driver's license after failure of a sobriety test or refusal to submit to a chemical test. Section 12: This section amends Alaska Statue 28.15.166(a) by adding clarifying language mandating a driver to surrender their physical license when requesting an administrative review. Section 13: This section adds the word "physical" into Alaska Statute 28.15.182(d) to signify the Alaska Court System shall require the surrender the physical driver's license when issuing a Limited License in the circumstance of an accident which caused the death of another. Section 14: This section amends Alaska Statue 28.15.183(b) by adding clarifying language ensuring law enforcement to seize a driver's physical license or physical permit. Section 15: This section adds the word "physical" into Alaska Statute 28.15.184(a) to signify a customer who is a minor must surrender the physical driver's license upon request of an administrative hearing if it wasn't seized previously by law enforcement. Section 16: This section amends Alaska Statue 28.15.187(b) by adding clarifying language ensuring law enforcement to seize a driver's physical license or physical permit when violating any driving laws. Section 17: This section amends Alaska Statue 28.15.189(a) by adding clarifying language mandating a driver to surrender their physical license when requesting a revocation review. Section 18: This section amends Alaska Statue 28.15.191(c) by adding clarifying language mandating courts must forward surrendered physical licenses to the DMV when issuing a suspension or revocation. Section 19: This section amends Alaska Statue 28.15.191(g) by adding clarifying language mandating courts must forward surrendered physical licenses to the DMV when a driver is ordered to refrain from consuming alcoholic beverages as part of their sentencing. Section 20: This section amends Alaska Statue 28.15.191(h) by adding clarifying language mandating parole boards to require a person to surrender their physical license and identification card when subject to cancellation. Section 21: This section amends Alaska Statue 28.15.201(b) by adding clarifying language to require the surrender of a physical driver's license when courts issue limited driving privileges. Section 22: This section adds the word "physical" into Alaska Statute 28.20.560(a) to signify when a customer whose license or registration is suspended, or whose policy of insurance or bond is canceled or terminated shall surrender the physical license to the department. This section also adds clarifying language which states if a license isn't surrendered then DMV should contact the Department of Public Safety to immediately direct an officer to obtain possession of the license or registration. Section 23: This section amends AS 28.22.041(d) to require the surrender of the physical license when the DMV issues a limited license following a suspension for failing to comply with the mandatory insurance laws. Section 24: This section amends Alaska Statute 28.33.100 by adding subsection (j) which provides authority to issue an electronic commercial driver's license. Section 25: This section amends Alaska Statute 28.33.140(i) which clarifies that a person disqualified from driving a commercial motor vehicle must surrender their physical license to the department. Section 26: This section amends Alaska Statute 28.35.034 to state that a person who has their license or permit revoked under Alaska Statute 28.15.165 or Alaska Statute 28.15.181 must surrender their physical license. Section 27: This section amends Alaska Statute 33.16.150(i)to require that parolees who are ordered to refrain alcohol must surrender their physical license and that physical license must be forwarded to the department. Section 28: This section provides an immediate effective date per AS 01.10.070(c). 4:40:33 PM LAUREN WHITESIDE, Operations Manager, Division of Motor Vehicles (DMV), Department of Administration (DOA), expressed support for HB 180. Over the past two years, DMV has worked diligently to develop and implement the Alaska mobile ID ("MID") as a secure and convenient digital representation of a driver's license or state ID that upholds the high standards of security and user privacy. The MID offers enhanced security features compared to physical IDs and allows users to control the personal information they share while allowing them to verify their identity or age without disclosing unnecessary details. The MID is stored securely on the user's device and requires user consent before any information is transmitted. Currently, the MID is available as a companion to the physical driver's license or ID cards at no additional cost to residents who choose to opt in. The DMV is actively working on the application process for MID acceptance at the U.S. Transportation Security Administration (TSA) checkpoints and hopes for approval by late 2025. 4:42:57 PM CHAIR GRAY asked whether the electronic ID would be Real ID compliant. MS. WHITESIDE answered yes, the MID would signify whether the user is Real ID compliant with the Real ID star and a U.S. Department of Homeland Security (DHS) compliance field to show either an "F" for fully compliance or an "N" for not compliant. 4:44:04 PM REPRESENTATIVE MINA asked whether the MID would pertain to other types of IDs as well, such as prisoner IDs. MR. DEMOULIN said it's restricted to driver's license and state ID cards. 4:44:34 PM CHAIR GRAY asked whether electronic IDs would be accepted from other states. MS. WHITESIDE said the answer is multifaceted as some states are operating on a cooperative research agreement with TSA; otherwise, all other states are in different stages of working towards implementing mobile credentials. CHAIR GRAY sought to confirm that a physical ID would still be needed to fly through TSA in any other state. MS. WHITESIDE said the MID would be a companion to the physical card, which would still be required at all times. 4:47:29 PM REPRESENTATIVE EISCHEID pointed out that the Municipality of Anchorage (MOA) passed a mandatory ID check for the sale of alcohol at restaurants and bars, and asked whether the MID would qualify as an acceptable form of ID for those sales. MS. WHITESIDE said the use of the MID would be dependent on businesses that opt in to become a verifier. She explained that to accept the ID, the verifying application must be utilized. 4:48:48 PM REPRESENTATIVE VANCE questioned the purpose of the MID if the physical ID would still be required. MS. WHITESIDE said the appeal is identity protection. The physical IDs show all individual's personal information whereas the MID would offer the ability to choose which information is shared. She added that it's a consent driven application that would also provide convenience. 4:50:05 PM REPRESENTATIVE VANCE relayed concerns about the contractors that were selected for the Real IDs; its implementation due to the biometrics; and data protection. She asked Ms. Whiteside to address these concerns. MS. WHITESIDE sought to clarify the question. REPRESENTATIVE VANCE asked whether Alaskans could still get a driver license that does not include biometric data. MS. WHITESIDE responded yes; a noncommercial driver could opt to get a non-real ID credential. REPRESENTATIVE VANCE asked whether the Real ID vender is domestic. MS. WHITESIDE reported that the state has contracted with Thales for the past decade to produce its ID credentials. All of Thales's ID personalization is done in a secure facility in the U.S., despite being headquartered in France. REPRESENTATIVE VANCE asked what assurances could be given to the public about data security. MS. WHITESIDE said the application was developed using International Organization for Standardization (ISO) standards and the American Association of Motor Vehicles Administrators (AAMVA) best practices guidelines. Further, Alaska is one of the first five states to be a part of the AAMVA mobile digital trust services, which means it has undergone the highest type of audit and was developed with the highest standards of data and privacy protections. 4:54:49 PM REPRESENTATIVE KOPP sought to confirm that the current version of HB 180 would still require the physical license to be carried when operating a vehicle. MS. WHITESIDE answered yes. REPRESENTATIVE KOPP asked whether this policy could be amended nor or at a later date. MS. WHITESIDE did not know the answer. 4:56:17 PM CHAIR GRAY asked whether the DMV had considered expanding this policy for other types of licenses. MR. WOLFE said ADF&G already has electronic hunting and fishing licenses. He added that expanding the policy to include professional licenses could be considered in the future. CHAIR GRAY asked whether the verification tool would need to be purchased by businesses. MS. WHITESIDE said the verification application is available to download free of cost. CHAIR GRAY asked whether it would work for electronic IDs in other states. MS. WHITESIDE said it would work for any application developed under current ISO standards. 4:58:03 PM REPRESENTATIVE VANCE asked whether DMV had been working with the Department of Public Safety (DPS). MS. WHITESIDE answered yes, DMV partnered with DPS since the beginning. CHAIR GRAY asked whether the entity verifying the ID could request to see the customer's physical ID card. MS. WHITESIDE confirmed that all businesses and law enforcement would have the ability to set their own policies for MID acceptance. 5:00:36 PM CHAIR GRAY announced that HB 180 would be held over.