HB 180

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                                       HOUSE BILL NO. 180
                      IN THE LEGISLATURE OF THE STATE OF ALASKA
                      THIRTY-FOURTH LEGISLATURE - FIRST SESSION
 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
 Introduced: 4/9/25
 Referred: Judiciary, State Affairs
                                              A BILL
                                      FOR AN ACT ENTITLED
1 "An Act relating to the powers of the commissioner of administration with respect to
2 motor vehicles; relating to electronic identification cards; relating to electronic driver's
3 licenses and permits; and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5   * Section 1. AS 18.65.310(a) is amended to read:
6(a) Upon payment of a $15 fee, the department shall issue a physical card
7identical to the motor vehicle operator's license provided for in AS 28.15.111, except
8that the card shall be of a different color and shall state in bold type letters across the
9face of the card [IT] that the card [IT] is for identification purposes only. Upon
10request of a person and upon payment of an additional $20 fee, the department may
11issue an identification card under this section that is federally compliant.
12   * Sec. 2. AS 18.65.310 is amended by adding new subsections to read:
13(s) Upon application, the department may issue an electronic identification
14card to a person who possesses a physical identification card. A person issued an
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1electronic identification card shall retain the physical identification card issued by the
2department.
3(t)    The department shall adopt regulations for the issuance and use of
4electronic identification cards.
5(u) Presentation of an electronic identification card on a mobile electronic
6device for identification purposes does not constitute consent for a peace officer or
7other authorized representative of the Department of Public Safety to search, view, or
8access other contents of the mobile electronic device. A peace officer or other
9authorized representative of the Department of Public Safety presented with an
10electronic identification card shall promptly return the mobile electronic device to the
11person once the peace officer or representative verifies the identity of the person.
12(v) A peace officer or other authorized representative of the Department of
13Public Safety presented with an electronic identification card on a mobile electronic
14device under this section is immune from liability resulting from damage to the
15device, except that a peace officer or other authorized representative of the
16Department of Public Safety may be liable for civil damages that are the result of the
17peace officer's or representative's intentional misconduct.
18  * Sec. 3. AS 18.65.320(b) is amended to read:
19(b) A person whose identification card has been cancelled shall return the
20physical card to the department. Failure to return a cancelled card within 10 days after
21receiving notice of the cancellation is a violation punishable by a fine of up to $100.
22  * Sec. 4. AS 28.05.021 is amended by adding a new subsection to read:
23(c) The commissioner of administration may enter into an agreement with a
24law enforcement agency, governmental agency or program, or data exchange service,
25including the National Driver Register, the Problem Driver Pointer System, the
26Commercial Driver's License Information System, the State-to-State Verification
27Service, and the Driver License Data Verification Service.
28  * Sec. 5. AS 28.05.051 is amended to read:
29Sec. 28.05.051. Suspended or revoked documents. (a) When the department
30suspends or revokes a vehicle registration, certificate of registration, registration plate,
31permit, or certificate of title or suspends, cancels, or revokes a license, the owner or
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1person in possession of the document shall, immediately upon receiving notice of the
2suspension, revocation, or cancellation, mail or deliver the registration, certificate,
3plate, permit, or physical license to the department.
4(b) The commissioner, officers and employees of the department designated
5by the commissioner, judges and employees of a court, and all peace officers [,] may
6take possession of a certificate of title, registration, or physical license issued by this
7jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious,
8stolen, or altered.
9  * Sec. 6. AS 28.15.011(b) is amended to read:
10(b) Every person exercising the person's privilege to drive, or exercising any
11degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or
12area, or other public property in this state, is required to have in the possession of the
13person a valid physical or electronic Alaska driver's license issued under the
14provisions of this chapter for the type or class of vehicle driven, unless expressly
15exempted by law from this requirement.
16  * Sec. 7. AS 28.15 is amended by adding a new section to read:
17Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the
18department may issue an electronic driver's license or permit under this chapter to a
19person who possesses a physical driver's license or permit. A person issued an
20electronic driver's license or permit shall retain the physical driver's license or permit
21issued by the department.
22(b) The commissioner shall adopt regulations for the issuance and use of
23electronic driver's licenses and permits issued under this chapter. The commissioner
24may adopt regulations to require a driver to possess a physical driver's license on their
25person in certain circumstances.
26(c) If a person's physical driver's license is seized, revoked, canceled, limited,
27restricted, or suspended under this chapter, the department shall display a notice
28regarding the seizure, revocation, cancellation, limitation, restriction, or suspension
29across the front of the person's electronic driver's license.
30  * Sec. 8. AS 28.15.131(a) is amended to read:
31(a) A licensee shall have the licensee's physical or electronic driver's license
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1in immediate possession at all times when driving a motor vehicle, and shall present
2the license for inspection upon the demand of a peace officer or other authorized
3representative of the Department of Public Safety identified as such to the licensee by
4the officer or representative. However, a person charged with violating this section
5may not be convicted if the person produces in court or in the office of the arresting or
6citing officer, a driver's license previously issued to the person that was valid at the
7time of the person's arrest or citation.
8  * Sec. 9. AS 28.15.131 is amended by adding new subsections to read:
9(c)   Presentation of an electronic driver's license or permit on a mobile
10electronic device under this chapter does not constitute consent for a peace officer or
11other authorized representative of the Department of Public Safety to search, view, or
12access other contents of the mobile electronic device. A peace officer or other
13authorized representative of the Department of Public Safety presented with an
14electronic driver's license or permit shall promptly return the mobile electronic device
15to the person once the peace officer or representative verifies the identity and license
16or permit status of the person.
17(d) A peace officer or other authorized representative of the Department of
18Public Safety presented with an electronic driver's license or permit on a mobile
19electronic device under this chapter is immune from liability resulting from damage to
20the device, except that a peace officer or other authorized representative of the
21Department of Public Safety may be liable for civil damages that are the result of the
22peace officer's or representative's intentional misconduct.
23  * Sec. 10. AS 28.15.151(a) is amended to read:
24(a) The department shall maintain a file of
25(1) every driver's license application, license or permit, and duplicate
26driver's license issued by the department [IT];
27(2) every license that has been suspended, revoked, canceled, limited,
28restricted, or denied, and the reasons for those actions;
29(3) all accident reports required to be forwarded to the department
30under this title; [AND]
31(4)    every disqualification of an individual from operating a
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1commercial motor vehicle; and
2(5) every application for an electronic driver's license or permit
3and the electronic driver's licenses and permits issued by the department.
4  * Sec. 11. AS 28.15.165(b) is amended to read:
5(b) After reading the notice under (a) of this section, the law enforcement
6officer shall seize the person's physical driver's license if the physical driver's
7license [IT] is in the person's possession and shall deliver the physical driver's
8license [IT] to the department with a sworn report describing the circumstances under
9which the physical driver's license [IT] was seized. If the person was operating a
10commercial motor vehicle, the officer shall order the person out of service under
11AS 28.33.130.
12  * Sec. 12. AS 28.15.166(a) is amended to read:
13(a) A person who has received a notice under AS 28.15.165(a) may make a
14written request for administrative review of the department's action under
15AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the
16person's physical driver's license has not been previously surrendered to the
17department, the physical driver's license [IT] shall be surrendered to the department
18at the time the request for review is made.
19  * Sec. 13. AS 28.15.182(d) is amended to read:
20(d) When imposing a limitation under (c) of this section, the court shall
21(1) require the surrender of the physical driver's license; and
22(2)   issue to the person a certificate valid for the duration of the
23limitation specifying the terms of the limited license.
24  * Sec. 14. AS 28.15.183(b) is amended to read:
25(b) After reading the notice under (a) of this section, the peace officer shall
26seize the person's physical driver's license or permit if the physical driver's license
27or permit [IT] is in the person's possession and shall deliver the physical driver's
28license or permit [IT] to the department with a sworn report describing the
29circumstances under which the physical driver's license or permit [IT] was seized.
30  * Sec. 15. AS 28.15.184(a) is amended to read:
31(a) A person who has received a notice under AS 28.15.183(a) may make a
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1written request for administrative review of the department's action. If the person's
2physical driver's license or permit has not been previously surrendered to the
3department, the physical driver's license or permit [IT] shall be surrendered to the
4department at the time the request for review is made.
5  * Sec. 16. AS 28.15.187(b) is amended to read:
6(b) After reading the notice under (a) of this section, the peace officer shall
7seize the person's physical driver's license if the physical driver's license [IT] is in
8the person's possession and shall deliver the physical driver's license [IT] to the
9department with a sworn report describing the circumstances under which the
10physical driver's license [IT] was seized.
11  * Sec. 17. AS 28.15.189(a) is amended to read:
12(a) A person who has received a notice under AS 28.15.187(a) may make a
13written request for administrative review of the department's action. If the person's
14physical driver's license has not been previously surrendered to the department, the
15physical driver's license [IT] shall be surrendered to the department at the time the
16request for review is made.
17  * Sec. 18. AS 28.15.191(c) is amended to read:
18(c) A court that suspends, revokes, or limits a driver's license shall require the
19surrender of the physical license, and shall immediately forward the physical driver's
20license [IT] to the department with the record of conviction and notification of the
21effective date of the suspension, revocation, or limitation as determined under
22AS 28.15.211(b).
23  * Sec. 19. AS 28.15.191(g) is amended to read:
24(g) A court that has ordered a person to refrain from consuming alcoholic
25beverages as part of a sentence for conviction of a crime under AS 28.35.030,
2628.35.032, or a similar municipal ordinance or as a condition of probation or parole
27following a conviction under those sections or a similar municipal ordinance, or as a
28condition of probation or parole for any other crime shall
29(1)   require the surrender of the person's physical license and
30identification card and forward the physical license and identification card to the
31department;
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1(2) report the order to the department within two days; and
2(3) inform the person that the person's license and identification card
3are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is
4otherwise qualified to receive a license or identification card, when the person obtains
5a new license or identification card, the license or identification card must list the
6restriction imposed by AS 04.16.160 for the period of probation or parole.
7  * Sec. 20. AS 28.15.191(h) is amended to read:
8(h) The board of parole shall notify the department within two days whenever
9a person has been ordered to refrain from consuming alcoholic beverages as a
10condition of parole, shall require the person to surrender the person's physical license
11and identification card, and shall inform the person that the person's license and
12identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310,
13and that, if the person is otherwise qualified to receive a license or identification card,
14when the person obtains a new license or identification card, the license or
15identification card must list the restriction imposed by AS 04.16.160.
16  * Sec. 21. AS 28.15.201(b) is amended to read:
17(b) A court imposing a limitation under (a) of this section shall
18(1) require certification of employment;
19(2) require proof of enrollment in and compliance with or completion
20of an alcoholism treatment program when appropriate;
21(3) require the surrender of the physical driver's license; and
22(4) issue to the licensee a certificate valid for the duration of the
23limitation.
24  * Sec. 22. AS 28.20.560(a) is amended to read:
25(a) A person whose license or registration is suspended under any provision of
26this chapter, or whose policy of insurance or bond, when required under this chapter,
27is canceled or terminated, shall immediately return the person's physical license or
28registration to the department. If a person fails to return the license or registration to
29the department, the department, through the commissioner of public safety, shall
30immediately direct a peace officer to obtain possession of the license or registration
31[IT] and to return the license or registration [IT] to the department.
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1  * Sec. 23. AS 28.22.041(d) is amended to read:
2(d) When imposing a limitation under this section, the department shall
3(1) require the surrender of the driver's physical license; and
4(2) issue to the licensee a certificate valid for the duration of the
5limitation.
6  * Sec. 24. AS 28.33.100 is amended by adding a new subsection to read:
7(j) Upon application, the department may issue an electronic commercial
8driver's license as provided under AS 28.15.126.
9  * Sec. 25. AS 28.33.140(i) is amended to read:
10(i) In addition to the requirements of AS 28.15.191, a court that disqualifies a
11person from driving a commercial motor vehicle shall require the surrender of the
12physical license, and shall immediately forward the physical license to the department
13with the record of conviction and notification of the effective date of the
14disqualification. If the disqualification occurs by administrative action as described in
15(a) of this section, the person disqualified from driving shall surrender the physical
16license to the department.
17  * Sec. 26. AS 28.35.034 is amended to read:
18Sec. 28.35.034. Surrender of license or permit. A person whose license or
19permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or
2028.15.181 shall surrender the physical license or permit to the department on receipt
21of notice of the revocation. After the period of revocation has expired, the person may
22make application for a new license as provided by law.
23  * Sec. 27. AS 33.16.150(i) is amended to read:
24(i) In addition to other conditions of parole imposed under this section, for a
25prisoner who is serving a sentence for an offense involving the use of alcohol and
26whom the board has ordered to refrain from possessing or consuming alcoholic
27beverages, the board shall require the surrender of the person's physical driver's
28license or identification card, forward the physical license or identification card to the
29department, and impose as a condition of parole that, if the parolee is eligible for a
30driver's license or identification card, the parolee shall apply to the department for a
31new license or identification card with a restriction imposed on the person under
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1AS 04.16.160. The board shall notify the department of the board's order under this
2subsection by providing a copy of the board's order. Upon discharge from parole, the
3board shall notify the department of the parolee's discharge. In this subsection,
4"department" means the Department of Administration.
5  * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).
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