ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 22, 2024
3:31 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
Senator Matt Claman, Vice Chair
COMMITTEE CALENDAR
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."
- HEARD & HELD
SENATE BILL NO. 208
"An Act relating to the registration and titling of vehicles;
relating to electronic registration and titling; relating to the
powers of the commissioner of administration with respect to
motor vehicles; relating to the transfer of vehicles; relating
to motor vehicle liability insurance; relating to non-domiciled
commercial driver's licenses and non-domiciled commercial
learner's permits; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 18
SHORT TITLE: ALLOW ELECTRONIC DRIVERS' LICENSES AND ID
SPONSOR(s): SENATOR(s) KAWASAKI
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, FIN
02/22/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 208
SHORT TITLE: VEHICLES:REGISTER;TRANSFER; INS.; LICENSE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/24 (S) READ THE FIRST TIME - REFERRALS
01/26/24 (S) STA, FIN
02/22/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JOE HAYES, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sponsor statement and
sectional analysis for SB 18.
RAMIN DUNFORD, Captain
Alaska State Troopers
Anchorage, Alaska
POSITION STATEMENT: Responded to questions on SB 18.
LESLIE ISSACS, Legislative Liaison
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Introduced himself.
JEFF SCHMITZ, Director
Department of Motor Vehicle (DMV)
Juneau, Alaska
POSITION STATEMENT: Presented SB 208 and the sectional analysis
on behalf of the administration.
DAVID DUNLAP, Program Manager
Department of Motor Vehicles (DMV)
Juneau, Alaska
POSITION STATEMENT: Answered questions on SB 208.
ACTION NARRATIVE
3:31:48 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Bjorkman, Merrick, and Chair Kawasaki.
Senator Wielechowski joined thereafter.
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.
SB 208-VEHICLES:REGISTER; TRANSFER; INS.; LICENSE
3:53:02 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
208 "An Act relating to the registration and titling of
vehicles; relating to electronic registration and titling;
relating to the powers of the commissioner of administration
with respect to motor vehicles; relating to the transfer of
vehicles; relating to motor vehicle liability insurance;
relating to non-domiciled commercial driver's licenses and non-
domiciled commercial learner's permits; and providing for an
effective date."
3:54:01 PM
LESLIE ISSACS, Legislative Liaison, Department of
Administration, Anchorage, Alaska, introduced himself.
3:54:28 PM
JEFF SCHMITZ, Director, Department of Motor Vehicles (DMV),
Juneau, Alaska, noted this is basically an omnibus bill before
you and there has not been an active omnibus bill in the past 25
years despite DMV's interest in changing certain provisions. He
said SB 208 aims to modernize DMV's processes and systems,
provide conveniences for Alaskans, remove governmental burdens,
and allow access to electronic access to government services.
These changes authorize DMV to implement electronic vehicle
titling and registration, enter into data sharing agreements
with law enforcement agencies or national driver data services,
and issue non-domicile commercial driver's licenses and
learner's permits. Other changes include the repeal of
provisions concerning the long-shuttered Vehicle Inspection
Program (I/M), cleanup of ambiguous or contradictory statutes,
clarification on registration requirements, and adding new
language that would require DMV to review crash reports and
request proof of insurance from individuals who have not already
provided, it as required by law. These changes seek to enhance
organizational efficiency, ensure clear communications and
practices within DMV, and bring operations in line with both
state and national contexts.
3:57:28 PM
MR. SCHMITZ presented the sectional analysis:
[Original punctuation provided.]
SB208: VEHICLES: REGISTER; TRANSFER; INS.; LICENSE
(Version A)
Sectional Analysis
Section 1
This section adds a new subsection into Alaska Statute
28.05.011 that allows the Commissioner of
Administration to adopt regulations for the electronic
registration and titling process.
Section 2
This section adds a new subsection into Alaska Statute
28.05.021 which allows the Commissioner of
Administration to enter into agreements with a law
enforcement agency, a governmental agency or program
or a data exchange service.
Section 3
This section amends Alaska Statute 28.05.045 by
removing the requirement that a voter application must
be made in a Department office.
Section 4
This section amends Alaska Statute 28.10.081(a) by
adding explanatory language which orders the
department to mail or deliver the certificate of
registration to the owner of a vehicle in accordance
with Title 28. This section also amends Alaska Statute
28.10.081(b) by removing the requirement that the
certificate of registration be carried in the vehicle
and adding the requirement that the driver shall carry
a certificate of registration in the vehicle. This
section also removes language from Alaska Statute
28.10.081(b) that requires the driver of a vehicle to
carry the original certificate of registration or
photocopy.
Section 5
This section adds a new subsection into Alaska Statute
28.10.081 that releases a peace officer from liability
if presented with registration on a mobile electronic
device, unless there are damages because of
intentional misconduct.
Section 6
This section amends Alaska Statute 28.10.091 to add
the words 'or defective' when referencing a
certificate of registration or a registration plate.
Additionally, this amendment adds the term 'if
applicable' when referencing returning an original
registration or registration plate.
Section 7
This section amends Alaska Statute 28.10.108(h) to add
verbiage which allows the department to renew a timely
registration and deliver the registration directly to
the owner, mail to the mailing address in department
records, or to deliver to the electronic mail address
recorded in department records.
Section 8
This section amends Alaska Statute 28.10.181(e) by
removing the requirement that should the Division
request a listing of vehicles from the state,
municipality, or charitable organization that the
listing be in order of registration number assigned.
Section 9
This section repeals and reenacts Alaska Statute
28.10.201(c) to require all owners consent on the
initial issuance to register a vehicle if the
certificate of title lists the owners using the
conjunctive 'and' whereas only one of the owners'
consents is necessary to register the vehicle if the
disjunctive 'or' is used.
Section 10
This section amends AS 28.10.231(c) to allow the
Division to print all registered owners on a Vehicle
Title.
Section 11
This section amends Alaska Statute 28.10.251(a) to add
the words 'or defective' when referencing a
certificate of title.
Section 12
This section amends Alaska Statute 28.10.271(a) by
adding language which states the registration of the
vehicle does not expire unless expiration is addressed
in Alaska Statute 28.10.181.
Section 13
This section amends Alaska Statute 28.10.381(b) by
adding language that all owners of the vehicle will be
listed on the title.
Section 14
This section adds a new subsection into Alaska Statute
28.10.441 that allows the Commissioner of
Administration to adopt regulations and if so, set
fees for the electronic registration and titling
process.
Section 15
This section amends Alaska Statute 28.15.031(c) by
removing the requirement for a Commercial Driver
License applicant to be domiciled in this State.
Section 16
This section adds a new subsection into Alaska Statute
28.22.031 which requires the department to review all
crash reports and request proof of insurance from a
vehicle owner only when that proof is not present in
the report.
Section 17
This section amends Alaska Statute 28.33.100(a) by
adding the authority for a non-domiciled commercial
driver's license applicant to not have to surrender
their license issued by a foreign jurisdiction. This
section also removes the requirement for a commercial
driver license applicant to be domiciled in this
state.
Section 18
This section adds a new subsection into Alaska Statute
28.33 which provides the authority for the department
to issue a non-domiciled commercial driver's license
and non-domiciled commercial learner's permit to an
applicant who is domiciled in a foreign jurisdiction
or another state. This section also allows a
commercial learners permit to be issued to a non-
domiciled applicant for their duration of stay or for
one year, whichever one is sooner.
Section 19
This section amends Alaska Statute 28.39.040(c) which
removes the requirement for a certificate of
registration to be signed.
Section 20
This section amends Alaska Statute 28.39.040(f) to
allow a driver to display an electronic certificate of
registration for a snowmobile on a mobile device. This
section also directs that a peace officer is not able
to access other contents of the mobile device and
releases a peace officer from liability if presented
with registration on a mobile electronic device unless
there are damages because of intentional misconduct.
Section 21
This section amends Alaska Statute 28.39.050(a) to put
the responsibility of the change of ownership for a
snowmobile on only the buyer, removing the
responsibility from the seller. This amendment
requires the buyer to apply for registration to the
department and if requirements are met, the department
shall process.
Section 22
This section amends Alaska Statute 28.90.990(a) by
adding definitions for 'commercial driver license' and
'commercial learner's permit' to both include non-
domiciled credentials.
Section 23
This section repeals Alaska Statute 28.10.271(d) which
covered the emissions inspection and maintenance
certificate. This section also repeals Alaska Statute
28.33.190(9) which is the definition of 'domicile'.
Section 24
This section provides an immediate effective date per
AS 01.10.070(c).
4:05:53 PM
CHAIR KAWASAKI asked if the data exchange services under section
2 are managed through commercial or governmental avenues.
4:06:25 PM
MR. SCHMITZ explained that by implementing data exchange
services, Alaskans could conveniently apply for a new social
security card online. He stated that while other states utilize
the Driver's License Data Verification Service (DLDV) through
the American Association of Motor Vehicle Administrators (AAMVA)
to facilitate this process, the state currently lacks the
ability to verify information online. Alaskans are required to
visit physical offices or send submissions via mail, which
inconveniences residents. SB 208 aims to streamline services,
enabling Alaskans to fulfill requests through DLDV services.
4:07:38 PM
CHAIR KAWASAKI asked which department, or organization manages
DLVD services and where the data originates.
4:08:05 PM
MR. SCHMITZ replied that DLDV services are provided by AAMVA,
which is a non-profit organization that serves state agencies
and counterparts across the country. He said AAMVA serves as an
intermediary to filter data and provide only "yes" or "no"
answers.
4:09:24 PM
SENATOR BJORKMAN inquired about the rationale to repeal the
definition of "domicile" under AS 28.33.190(9).
4:09:41 PM
MR. SCHMITZ replied that including the definition of domicile is
an important provision that would enable non-domiciled
residents, such as Ukrainian refugees temporarily staying in the
state, to obtain a commercial driver's license (CDL) in Alaska.
Under the existing statute, these individuals are unable to
pursue a CDL. SB 208 would remove the current barrier and grant
non-domiciled individuals access to job opportunities.
4:11:10 PM
SENATOR BJORKMAN stated that he understands the desire to
provide refugees with job opportunities, but expressed
uncertainty about the need to repeal the definition.
4:11:52 PM
MR. SCHMITZ responded that several people contributed to the
development of SB 208. He offered to provide additional
information to the committee.
4:12:45 PM
SENATOR BJORKMAN wondered whether DMV offers vehicle tag
forwarding services for individuals temporarily residing in
other parts of the state.
4:13:19 PM
MR. SCHMITZ asked for clarification to ensure he understood the
question.
4:13:38 PM
SENATOR BJORKMAN clarified that he wondered why DMV does not
have a mail forwarding process.
4:13:54 PM
MR. SCHMITZ invited David Dunlap, DMV Program Manager, to
respond.
4:14:10 PM
DAVID DUNLAP, Program Manager, Department of Motor Vehicles
(DMV), Juneau, Alaska, stated that DMV currently maintains both
a mailing and physical address for residents. When renewing
registration, residents have the option to update their mailing
addresses through the DMV website. Alternatively, they can
request forwarding by contacting DMV directly over the phone.
4:15:16 PM
SENATOR BJORKMAN asserted that DMV currently lacks the ability
to forward mail and questioned why this limitation exists. He
asked why DMV chose to not forward mail, despite the
availability of this service at the post office.
4:15:43 PM
MR. DUNLAP replied that he was unaware of that issue and said he
would investigate it further.
4:16:24 PM
MR. SCHMITZ conveyed that SB 208 aims to provide clearer
guidelines for issuing registrations and titles. He stated that
existing statutes suggest that a certificate or title must be a
physical document, which posed challenges for troopers last
year. The goal is to streamline registration and titling
processes. Part of the bill seeks to eliminate barriers that
hinder DMV's ability to offer electronic services.
4:18:00 PM
CHAIR KAWASAKI opened public testimony on SB 208; finding none,
he closed public testimony.
4:18:36 PM
CHAIR KAWASAKI held SB 208 in committee.
4:19:41 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs meeting at
4:19 p.m.