Alaska 2025-2026 Regular Session

Alaska Senate Bill SB165 Compare Versions

Only one version of the bill is available at this time.

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11	11	SENATE BILL NO. 165
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
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19	19	Introduced: 4/9/25
20	20	Referred: Transportation, State Affairs
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the powers of the commissioner of administration with respect to 1
28	28	motor vehicles; relating to electronic identification cards; relating to electronic driver's 2
29	29	licenses and permits; and providing for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 18.65.310(a) is amended to read: 5
32	32	(a) Upon payment of a $15 fee, the department shall issue a physical card
33	33	6
34	34	identical to the motor vehicle operator's license provided for in AS 28.15.111, except 7
35	35	that the card shall be of a different color and shall state in bold type letters across the 8
36	36	face of the card [IT] that the card [IT] is for identification purposes only. Upon 9
37	37	request of a person and upon payment of an additional $20 fee, the department may 10
38	38	issue an identification card under this section that is federally compliant. 11
39	39	* Sec. 2. AS 18.65.310 is amended by adding new subsections to read: 12
40	40	(s) Upon application, the department may issue an electronic identification 13
41	41	card to a person who possesses a physical identification card. A person issued an 14 34-GS1033\A
42	42	SB 165 -2- SB0165A
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45	45	electronic identification card shall retain the physical identification card issued by the 1
46	46	department. 2
47	47	(t) The department shall adopt regulations for the issuance and use of 3
48	48	electronic identification cards. 4
49	49	(u) Presentation of an electronic identification card on a mobile electronic 5
50	50	device for identification purposes does not constitute consent for a peace officer or 6
51	51	other authorized representative of the Department of Public Safety to search, view, or 7
52	52	access other contents of the mobile electronic device. A peace officer or other 8
53	53	authorized representative of the Department of Public Safety presented with an 9
54	54	electronic identification card shall promptly return the mobile electronic device to the 10
55	55	person once the peace officer or representative verifies the identity of the person. 11
56	56	(v) A peace officer or other authorized representative of the Department of 12
57	57	Public Safety presented with an electronic identification card on a mobile electronic 13
58	58	device under this section is immune from liability resulting from damage to the 14
59	59	device, except that a peace officer or other authorized representative of the 15
60	60	Department of Public Safety may be liable for civil damages that are the result of the 16
61	61	peace officer's or representative's intentional misconduct. 17
62	62	* Sec. 3. AS 18.65.320(b) is amended to read: 18
63	63	(b) A person whose identification card has been cancelled shall return the 19
64	64	physical card to the department. Failure to return a cancelled card within 10 days after 20
65	65	receiving notice of the cancellation is a violation punishable by a fine of up to $100. 21
66	66	* Sec. 4. AS 28.05.021 is amended by adding a new subsection to read: 22
67	67	(c) The commissioner of administration may enter into an agreement with a 23
68	68	law enforcement agency, governmental agency or program, or data exchange service, 24
69	69	including the National Driver Register, the Problem Driver Pointer System, the 25
70	70	Commercial Driver's License Information System, the State-to-State Verification 26
71	71	Service, and the Driver License Data Verification Service. 27
72	72	* Sec. 5. AS 28.05.051 is amended to read: 28
73	73	Sec. 28.05.051. Suspended or revoked documents. (a) When the department 29
74	74	suspends or revokes a vehicle registration, certificate of registration, registration plate, 30
75	75	permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 31 34-GS1033\A
76	76	SB0165A -3- SB 165
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79	79	person in possession of the document shall, immediately upon receiving notice of the 1
80	80	suspension, revocation, or cancellation, mail or deliver the registration, certificate, 2
81	81	plate, permit, or physical license to the department. 3
82	82	(b) The commissioner, officers and employees of the department designated 4
83	83	by the commissioner, judges and employees of a court, and all peace officers [,] may 5
84	84	take possession of a certificate of title, registration, or physical license issued by this 6
85	85	jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 7
86	86	stolen, or altered. 8
87	87	* Sec. 6. AS 28.15.011(b) is amended to read: 9
88	88	(b) Every person exercising the person's privilege to drive, or exercising any 10
89	89	degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 11
90	90	area, or other public property in this state, is required to have in the possession of the 12
91	91	person a valid physical or electronic Alaska driver's license issued under the 13
92	92	provisions of this chapter for the type or class of vehicle driven, unless expressly 14
93	93	exempted by law from this requirement. 15
94	94	* Sec. 7. AS 28.15 is amended by adding a new section to read: 16
95	95	Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 17
96	96	department may issue an electronic driver's license or permit under this chapter to a 18
97	97	person who possesses a physical driver's license or permit. A person issued an 19
98	98	electronic driver's license or permit shall retain the physical driver's license or permit 20
99	99	issued by the department. 21
100	100	(b) The commissioner shall adopt regulations for the issuance and use of 22
101	101	electronic driver's licenses and permits issued under this chapter. The commissioner 23
102	102	may adopt regulations to require a driver to possess a physical driver's license on their 24
103	103	person in certain circumstances. 25
104	104	(c) If a person's physical driver's license is seized, revoked, canceled, limited, 26
105	105	restricted, or suspended under this chapter, the department shall display a notice 27
106	106	regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 28
107	107	across the front of the person's electronic driver's license. 29
108	108	* Sec. 8. AS 28.15.131(a) is amended to read: 30
109	109	(a) A licensee shall have the licensee's physical or electronic driver's license 31 34-GS1033\A
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113	113	in immediate possession at all times when driving a motor vehicle, and shall present 1
114	114	the license for inspection upon the demand of a peace officer or other authorized 2
115	115	representative of the Department of Public Safety identified as such to the licensee by 3
116	116	the officer or representative. However, a person charged with violating this section 4
117	117	may not be convicted if the person produces in court or in the office of the arresting or 5
118	118	citing officer, a driver's license previously issued to the person that was valid at the 6
119	119	time of the person's arrest or citation. 7
120	120	* Sec. 9. AS 28.15.131 is amended by adding new subsections to read: 8
121	121	(c) Presentation of an electronic driver's license or permit on a mobile 9
122	122	electronic device under this chapter does not constitute consent for a peace officer or 10
123	123	other authorized representative of the Department of Public Safety to search, view, or 11
124	124	access other contents of the mobile electronic device. A peace officer or other 12
125	125	authorized representative of the Department of Public Safety presented with an 13
126	126	electronic driver's license or permit shall promptly return the mobile electronic device 14
127	127	to the person once the peace officer or representative verifies the identity and license 15
128	128	or permit status of the person. 16
129	129	(d) A peace officer or other authorized representative of the Department of 17
130	130	Public Safety presented with an electronic driver's license or permit on a mobile 18
131	131	electronic device under this chapter is immune from liability resulting from damage to 19
132	132	the device, except that a peace officer or other authorized representative of the 20
133	133	Department of Public Safety may be liable for civil damages that are the result of the 21
134	134	peace officer's or representative's intentional misconduct. 22
135	135	* Sec. 10. AS 28.15.151(a) is amended to read: 23
136	136	(a) The department shall maintain a file of 24
137	137	(1) every driver's license application, license or permit, and duplicate 25
138	138	driver's license issued by the department [IT]; 26
139	139	(2) every license that has been suspended, revoked, canceled, limited, 27
140	140	restricted, or denied, and the reasons for those actions; 28
141	141	(3) all accident reports required to be forwarded to the department 29
142	142	under this title; [AND] 30
143	143	(4) every disqualification of an individual from operating a 31 34-GS1033\A
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147	147	commercial motor vehicle; and 1
148	148	(5) every application for an electronic driver's license or permit 2
149	149	and the electronic driver's licenses and permits issued by the department. 3
150	150	* Sec. 11. AS 28.15.165(b) is amended to read: 4
151	151	(b) After reading the notice under (a) of this section, the law enforcement 5
152	152	officer shall seize the person's physical driver's license if the physical driver's 6
153	153	license [IT] is in the person's possession and shall deliver the physical driver's 7
154	154	license [IT] to the department with a sworn report describing the circumstances under 8
155	155	which the physical driver's license [IT] was seized. If the person was operating a 9
156	156	commercial motor vehicle, the officer shall order the person out of service under 10
157	157	AS 28.33.130. 11
158	158	* Sec. 12. AS 28.15.166(a) is amended to read: 12
159	159	(a) A person who has received a notice under AS 28.15.165(a) may make a 13
160	160	written request for administrative review of the department's action under 14
161	161	AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 15
162	162	person's physical driver's license has not been previously surrendered to the 16
163	163	department, the physical driver's license [IT] shall be surrendered to the department 17
164	164	at the time the request for review is made. 18
165	165	* Sec. 13. AS 28.15.182(d) is amended to read: 19
166	166	(d) When imposing a limitation under (c) of this section, the court shall 20
167	167	(1) require the surrender of the physical driver's license; and 21
168	168	(2) issue to the person a certificate valid for the duration of the 22
169	169	limitation specifying the terms of the limited license. 23
170	170	* Sec. 14. AS 28.15.183(b) is amended to read: 24
171	171	(b) After reading the notice under (a) of this section, the peace officer shall 25
172	172	seize the person's physical driver's license or permit if the physical driver's license 26
173	173	or permit [IT] is in the person's possession and shall deliver the physical driver's 27
174	174	license or permit [IT] to the department with a sworn report describing the 28
175	175	circumstances under which the physical driver's license or permit [IT] was seized. 29
176	176	* Sec. 15. AS 28.15.184(a) is amended to read: 30
177	177	(a) A person who has received a notice under AS 28.15.183(a) may make a 31 34-GS1033\A
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181	181	written request for administrative review of the department's action. If the person's 1
182	182	physical driver's license or permit has not been previously surrendered to the 2
183	183	department, the physical driver's license or permit [IT] shall be surrendered to the 3
184	184	department at the time the request for review is made. 4
185	185	* Sec. 16. AS 28.15.187(b) is amended to read: 5
186	186	(b) After reading the notice under (a) of this section, the peace officer shall 6
187	187	seize the person's physical driver's license if the physical driver's license [IT] is in 7
188	188	the person's possession and shall deliver the physical driver's license [IT] to the 8
189	189	department with a sworn report describing the circumstances under which the 9
190	190	physical driver's license [IT] was seized. 10
191	191	* Sec. 17. AS 28.15.189(a) is amended to read: 11
192	192	(a) A person who has received a notice under AS 28.15.187(a) may make a 12
193	193	written request for administrative review of the department's action. If the person's 13
194	194	physical driver's license has not been previously surrendered to the department, the 14
195	195	physical driver's license [IT] shall be surrendered to the department at the time the 15
196	196	request for review is made. 16
197	197	* Sec. 18. AS 28.15.191(c) is amended to read: 17
198	198	(c) A court that suspends, revokes, or limits a driver's license shall require the 18
199	199	surrender of the physical license, and shall immediately forward the physical driver's 19
200	200	license [IT] to the department with the record of conviction and notification of the 20
201	201	effective date of the suspension, revocation, or limitation as determined under 21
202	202	AS 28.15.211(b). 22
203	203	* Sec. 19. AS 28.15.191(g) is amended to read: 23
204	204	(g) A court that has ordered a person to refrain from consuming alcoholic 24
205	205	beverages as part of a sentence for conviction of a crime under AS 28.35.030, 25
206	206	28.35.032, or a similar municipal ordinance or as a condition of probation or parole 26
207	207	following a conviction under those sections or a similar municipal ordinance, or as a 27
208	208	condition of probation or parole for any other crime shall 28
209	209	(1) require the surrender of the person's physical license and 29
210	210	identification card and forward the physical license and identification card to the 30
211	211	department; 31 34-GS1033\A
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215	215	(2) report the order to the department within two days; and 1
216	216	(3) inform the person that the person's license and identification card 2
217	217	are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 3
218	218	otherwise qualified to receive a license or identification card, when the person obtains 4
219	219	a new license or identification card, the license or identification card must list the 5
220	220	restriction imposed by AS 04.16.160 for the period of probation or parole. 6
221	221	* Sec. 20. AS 28.15.191(h) is amended to read: 7
222	222	(h) The board of parole shall notify the department within two days whenever 8
223	223	a person has been ordered to refrain from consuming alcoholic beverages as a 9
224	224	condition of parole, shall require the person to surrender the person's physical license 10
225	225	and identification card, and shall inform the person that the person's license and 11
226	226	identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 12
227	227	and that, if the person is otherwise qualified to receive a license or identification card, 13
228	228	when the person obtains a new license or identification card, the license or 14
229	229	identification card must list the restriction imposed by AS 04.16.160. 15
230	230	* Sec. 21. AS 28.15.201(b) is amended to read: 16
231	231	(b) A court imposing a limitation under (a) of this section shall 17
232	232	(1) require certification of employment; 18
233	233	(2) require proof of enrollment in and compliance with or completion 19
234	234	of an alcoholism treatment program when appropriate; 20
235	235	(3) require the surrender of the physical driver's license; and 21
236	236	(4) issue to the licensee a certificate valid for the duration of the 22
237	237	limitation. 23
238	238	* Sec. 22. AS 28.20.560(a) is amended to read: 24
239	239	(a) A person whose license or registration is suspended under any provision of 25
240	240	this chapter, or whose policy of insurance or bond, when required under this chapter, 26
241	241	is canceled or terminated, shall immediately return the person's physical license or 27
242	242	registration to the department. If a person fails to return the license or registration to 28
243	243	the department, the department, through the commissioner of public safety, shall 29
244	244	immediately direct a peace officer to obtain possession of the license or registration 30
245	245	[IT] and to return the license or registration [IT] to the department. 31 34-GS1033\A
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249	249	* Sec. 23. AS 28.22.041(d) is amended to read: 1
250	250	(d) When imposing a limitation under this section, the department shall 2
251	251	(1) require the surrender of the driver's physical license; and 3
252	252	(2) issue to the licensee a certificate valid for the duration of the 4
253	253	limitation. 5
254	254	* Sec. 24. AS 28.33.100 is amended by adding a new subsection to read: 6
255	255	(j) Upon application, the department may issue an electronic commercial 7
256	256	driver's license as provided under AS 28.15.126. 8
257	257	* Sec. 25. AS 28.33.140(i) is amended to read: 9
258	258	(i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 10
259	259	person from driving a commercial motor vehicle shall require the surrender of the 11
260	260	physical license, and shall immediately forward the physical license to the department 12
261	261	with the record of conviction and notification of the effective date of the 13
262	262	disqualification. If the disqualification occurs by administrative action as described in 14
263	263	(a) of this section, the person disqualified from driving shall surrender the physical 15
264	264	license to the department. 16
265	265	* Sec. 26. AS 28.35.034 is amended to read: 17
266	266	Sec. 28.35.034. Surrender of license or permit. A person whose license or 18
267	267	permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 19
268	268	28.15.181 shall surrender the physical license or permit to the department on receipt 20
269	269	of notice of the revocation. After the period of revocation has expired, the person may 21
270	270	make application for a new license as provided by law. 22
271	271	* Sec. 27. AS 33.16.150(i) is amended to read: 23
272	272	(i) In addition to other conditions of parole imposed under this section, for a 24
273	273	prisoner who is serving a sentence for an offense involving the use of alcohol and 25
274	274	whom the board has ordered to refrain from possessing or consuming alcoholic 26
275	275	beverages, the board shall require the surrender of the person's physical driver's 27
276	276	license or identification card, forward the physical license or identification card to the 28
277	277	department, and impose as a condition of parole that, if the parolee is eligible for a 29
278	278	driver's license or identification card, the parolee shall apply to the department for a 30
279	279	new license or identification card with a restriction imposed on the person under 31 34-GS1033\A
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283	283	AS 04.16.160. The board shall notify the department of the board's order under this 1
284	284	subsection by providing a copy of the board's order. Upon discharge from parole, the 2
285	285	board shall notify the department of the parolee's discharge. In this subsection, 3
286	286	"department" means the Department of Administration. 4
287	287	* Sec. 28. This Act takes effect immediately under AS 01.10.070(c). 5