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CS FOR SENATE BILL NO. 237(JUD) am H(reengrossed)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE SENATE JUDICIARY COMMITTEE
Amended: 5/19/26
Offered: 5/15/26
Sponsor(s): SENATE STATE AFFAIRS COMMITTEE BY REQUEST
A BILL
FOR AN ACT ENTITLED
"An Act relating to the powers of the commissioner of administration with respect to 1
motor vehicles; relating to electronic identification cards; relating to data sharing by the 2
Department of Administration; relating to electronic driver's licenses and permits; and 3
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 7
identical to the motor vehicle operator's license provided for in AS 28.15.111, except 8
that the card shall be of a different color and shall state in bold type letters across the 9
face of the card [IT] that the card [IT] is for identification purposes only. Upon 10
request of a person and upon payment of an additional $20 fee, the department may 11
issue 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 14
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card to a person who possesses a physical identification card. A person issued an 1
electronic identification card shall retain the physical identification card issued by the 2
department. 3
(t) The department shall adopt regulations for the issuance and use of 4
electronic identification cards. 5
(u) Presentation of an electronic identification card on a mobile electronic 6
device for identification purposes does not constitute consent for a peace officer or 7
other authorized representative of the Department of Public Safety to search, view, or 8
access other contents of the mobile electronic device. A peace officer or other 9
authorized representative of the Department of Public Safety presented with an 10
electronic identification card shall promptly return the mobile electronic device to the 11
person 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 13
Public Safety presented with an electronic identification card on a mobile electronic 14
device under this section is immune from liability resulting from damage to the 15
device, except that a peace officer or other authorized representative of the 16
Department of Public Safety may be liable for civil damages that are the result of the 17
peace 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 20
physical card to the department. Failure to return a cancelled card within 10 days after 21
receiving 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 24
law enforcement agency, governmental agency or program, or data exchange service, 25
including the National Driver Register, the Problem Driver Pointer System, the 26
Commercial Driver's License Information System, the State-to-State Verification 27
Service, and the Driver's License Data Verification Service. 28
* Sec. 5. AS 28.05.051 is amended to read: 29
Sec. 28.05.051. Suspended or revoked documents. (a) When the department 30
suspends or revokes a vehicle registration, certificate of registration, registration plate, 31
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permit, or certificate of title or suspends, cancels, or revokes a license, the owner or 1
person in possession of the document shall, immediately upon receiving notice of the 2
suspension, revocation, or cancellation, mail or deliver the registration, certificate, 3
plate, permit, or physical license to the department. 4
(b) The commissioner, officers and employees of the department designated 5
by the commissioner, judges and employees of a court, and all peace officers [,] may 6
take possession of a certificate of title, registration, or physical license issued by this 7
jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, 8
stolen, or altered. 9
* Sec. 6. AS 28.05.068(a) is amended to read: 10
(a) If the department conveys, distributes, or communicates data to be used in 11
a database, index, pointer system, or any other system managed by an entity other than 12
the department [, INCLUDING THE AMERICAN ASSOCIATION OF MOTOR 13
VEHICLE ADMINISTRATORS,] to comply with the requirements of P.L. 109-13, 14
Division B (REAL ID Act of 2005), the department may not convey, distribute, or 15
communicate to that entity any data not required to be conveyed, distributed, or 16
communicated for the state to be certified by the United States Department of 17
Homeland Security to be in compliance with the requirements of P.L. 109-13, 18
Division B (REAL ID Act of 2005). 19
* Sec. 7. AS 28.05.068(b) is amended to read: 20
(b) Notwithstanding (a) of this section, the department may [NOT] convey, 21
distribute, or communicate data to a private entity only to confirm the information 22
of an individual who has voluntarily provided the individual's state driver's 23
license or identification card [ANY SCANNED OR STORED DOCUMENTS 24
COLLECTED IN ORDER] to carry out the provisions of AS 28.15.151(g) 25
[AS 28.15]. 26
* Sec. 8. AS 28.15.011(b) is amended to read: 27
(b) Every person exercising the person's privilege to drive, or exercising any 28
degree of physical control of a motor vehicle on [UPON] a highway, vehicular way or 29
area, or other public property in this state, is required to have in the possession of the 30
person a valid physical or electronic Alaska driver's license issued under the 31
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provisions of this chapter for the type or class of vehicle driven, unless expressly 1
exempted by law from this requirement. 2
* Sec. 9. AS 28.15 is amended by adding a new section to read: 3
Sec. 28.15.126. Electronic licenses and permits. (a) Upon application, the 4
department may issue an electronic driver's license or permit under this chapter to a 5
person who possesses a physical driver's license or permit. A person issued an 6
electronic driver's license or permit shall retain the physical driver's license or permit 7
issued by the department. 8
(b) The commissioner shall adopt regulations for the issuance and use of 9
electronic driver's licenses and permits issued under this chapter. The commissioner 10
may adopt regulations to require a driver to possess a physical driver's license on the 11
driver's person in certain circumstances. 12
(c) If a person's physical driver's license is seized, revoked, canceled, limited, 13
restricted, or suspended under this chapter, the department shall display a notice 14
regarding the seizure, revocation, cancellation, limitation, restriction, or suspension 15
across the front of the person's electronic driver's license. 16
* Sec. 10. AS 28.15.131(a) is amended to read: 17
(a) A licensee shall have the licensee's physical or electronic driver's license 18
in immediate possession at all times when driving a motor vehicle, and shall present 19
the license for inspection upon the demand of a peace officer or other authorized 20
representative of the Department of Public Safety identified as such to the licensee by 21
the officer or representative. However, a person charged with violating this section 22
may not be convicted if the person produces in court or in the office of the arresting or 23
citing officer, a driver's license previously issued to the person that was valid at the 24
time of the person's arrest or citation. 25
* Sec. 11. AS 28.15.131 is amended by adding new subsections to read: 26
(c) Presentation of an electronic driver's license or permit on a mobile 27
electronic device under this chapter does not constitute consent for a peace officer or 28
other authorized representative of the Department of Public Safety to search, view, or 29
access other contents of the mobile electronic device. A peace officer or other 30
authorized representative of the Department of Public Safety presented with an 31
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electronic driver's license or permit shall promptly return the mobile electronic device 1
to the person once the peace officer or representative verifies the identity and license 2
or permit status of the person. 3
(d) A peace officer or other authorized representative of the Department of 4
Public Safety presented with an electronic driver's license or permit on a mobile 5
electronic device under this chapter is immune from liability resulting from damage to 6
the device, except that a peace officer or other authorized representative of the 7
Department of Public Safety may be liable for civil damages that are the result of the 8
peace officer's or representative's intentional misconduct. 9
* Sec. 12. AS 28.15.151(a) is amended to read: 10
(a) The department shall maintain a file of 11
(1) every driver's license application, license or permit, and duplicate 12
driver's license issued by the department [IT]; 13
(2) every license that has been suspended, revoked, canceled, limited, 14
restricted, or denied, and the reasons for those actions; 15
(3) all accident reports required to be forwarded to the department 16
under this title; [AND] 17
(4) every disqualification of an individual from operating a 18
commercial motor vehicle; and 19
(5) every application for an electronic driver's license or permit 20
and the electronic driver's licenses and permits issued by the department. 21
* Sec. 13. AS 28.15.151 is amended by adding a new subsection to read: 22
(g) The department may, upon the request of a person or the person's designee, 23
furnish information about the person maintained by the department under this section 24
to 25
(1) a nonprofit organization or governmental or tribal entity approved 26
by the United States Social Security Administration to facilitate driver's license data 27
verification. An entity that receives information under this subsection shall use the 28
information only for driver's license data verification purposes and may not disclose, 29
retain, sell, or use the information for any other purpose. The entity shall maintain 30
reasonable administrative, technical, and physical safeguards to protect the 31
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confidentiality, integrity, and security of the information; in this paragraph, "nonprofit 1
organization" means an organization that qualifies for exemption from taxation under 2
26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code); 3
(2) an entity participating in the Transportation Security 4
Administration's Registered Traveler Programs; information provided under this 5
paragraph shall be used for lawful purposes and is not limited to use within a program 6
if the entity receives the information to facilitate driver's license or identification card 7
data verification and the individual has voluntarily provided the individual's driver's 8
license or identification card. 9
* Sec. 14. AS 28.15.165(b) is amended to read: 10
(b) After reading the notice under (a) of this section, the law enforcement 11
officer shall seize the person's physical driver's license if the physical driver's 12
license [IT] is in the person's possession and shall deliver the physical driver's 13
license [IT] to the department with a sworn report describing the circumstances under 14
which the physical driver's license [IT] was seized. If the person was operating a 15
commercial motor vehicle, the officer shall order the person out of service under 16
AS 28.33.130. 17
* Sec. 15. AS 28.15.166(a) is amended to read: 18
(a) A person who has received a notice under AS 28.15.165(a) may make a 19
written request for administrative review of the department's action under 20
AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the 21
person's physical driver's license has not been previously surrendered to the 22
department, the physical driver's license [IT] shall be surrendered to the department 23
at the time the request for review is made. 24
* Sec. 16. AS 28.15.182(d) is amended to read: 25
(d) When imposing a limitation under (c) of this section, the court shall 26
(1) require the surrender of the physical driver's license; and 27
(2) issue to the person a certificate valid for the duration of the 28
limitation specifying the terms of the limited license. 29
* Sec. 17. AS 28.15.183(b) is amended to read: 30
(b) After reading the notice under (a) of this section, the peace officer shall 31
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seize the person's physical driver's license or permit if the physical driver's license 1
or permit [IT] is in the person's possession and shall deliver the physical driver's 2
license or permit [IT] to the department with a sworn report describing the 3
circumstances under which the physical driver's license or permit [IT] was seized. 4
* Sec. 18. AS 28.15.184(a) is amended to read: 5
(a) A person who has received a notice under AS 28.15.183(a) may make a 6
written request for administrative review of the department's action. If the person's 7
physical driver's license or permit has not been previously surrendered to the 8
department, the physical driver's license or permit [IT] shall be surrendered to the 9
department at the time the request for review is made. 10
* Sec. 19. AS 28.15.187(b) is amended to read: 11
(b) After reading the notice under (a) of this section, the peace officer shall 12
seize the person's physical driver's license if the physical driver's license [IT] is in 13
the person's possession and shall deliver the physical driver's license [IT] to the 14
department with a sworn report describing the circumstances under which the 15
physical driver's license [IT] was seized. 16
* Sec. 20. AS 28.15.189(a) is amended to read: 17
(a) A person who has received a notice under AS 28.15.187(a) may make a 18
written request for administrative review of the department's action. If the person's 19
physical driver's license has not been previously surrendered to the department, the 20
physical driver's license [IT] shall be surrendered to the department at the time the 21
request for review is made. 22
* Sec. 21. AS 28.15.191(c) is amended to read: 23
(c) A court that suspends, revokes, or limits a driver's license shall require the 24
surrender of the physical license, and shall immediately forward the physical driver's 25
license [IT] to the department with the record of conviction and notification of the 26
effective date of the suspension, revocation, or limitation as determined under 27
AS 28.15.211(b). 28
* Sec. 22. AS 28.15.191(g) is amended to read: 29
(g) A court that has ordered a person to refrain from consuming alcoholic 30
beverages as part of a sentence for conviction of a crime under AS 28.35.030, 31
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28.35.032, or a similar municipal ordinance or as a condition of probation or parole 1
following a conviction under those sections or a similar municipal ordinance, or as a 2
condition of probation or parole for any other crime shall 3
(1) require the surrender of the person's physical license and 4
identification card and forward the physical license and identification card to the 5
department; 6
(2) report the order to the department within two days; and 7
(3) inform the person that the person's license and identification card 8
are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 9
otherwise qualified to receive a license or identification card, when the person obtains 10
a new license or identification card, the license or identification card must list the 11
restriction imposed by AS 04.16.160 for the period of probation or parole. 12
* Sec. 23. AS 28.15.191(h) is amended to read: 13
(h) The board of parole shall notify the department within two days whenever 14
a person has been ordered to refrain from consuming alcoholic beverages as a 15
condition of parole, shall require the person to surrender the person's physical license 16
and identification card, and shall inform the person that the person's license and 17
identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, 18
and that, if the person is otherwise qualified to receive a license or identification card, 19
when the person obtains a new license or identification card, the license or 20
identification card must list the restriction imposed by AS 04.16.160. 21
* Sec. 24. AS 28.15.201(b) is amended to read: 22
(b) A court imposing a limitation under (a) of this section shall 23
(1) require certification of employment; 24
(2) require proof of enrollment in and compliance with or completion 25
of an alcoholism treatment program when appropriate; 26
(3) require the surrender of the physical driver's license; and 27
(4) issue to the licensee a certificate valid for the duration of the 28
limitation. 29
* Sec. 25. AS 28.20.560(a) is amended to read: 30
(a) A person whose license or registration is suspended under any provision of 31
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this chapter, or whose policy of insurance or bond, when required under this chapter, 1
is canceled or terminated, shall immediately return the person's physical license or 2
registration to the department. If a person fails to return the license or registration to 3
the department, the department, through the commissioner of public safety, shall 4
immediately direct a peace officer to obtain possession of the license or registration 5
[IT] and to return the license or registration [IT] to the department. 6
* Sec. 26. AS 28.22.041(d) is amended to read: 7
(d) When imposing a limitation under this section, the department shall 8
(1) require the surrender of the driver's physical license; and 9
(2) issue to the licensee a certificate valid for the duration of the 10
limitation. 11
* Sec. 27. AS 28.33.100 is amended by adding a new subsection to read: 12
(j) Upon application, the department may issue an electronic commercial 13
driver's license under AS 28.15.126. 14
* Sec. 28. AS 28.33.140(i) is amended to read: 15
(i) In addition to the requirements of AS 28.15.191, a court that disqualifies a 16
person from driving a commercial motor vehicle shall require the surrender of the 17
physical license, and shall immediately forward the physical license to the department 18
with the record of conviction and notification of the effective date of the 19
disqualification. If the disqualification occurs by administrative action as described in 20
(a) of this section, the person disqualified from driving shall surrender the physical 21
license to the department. 22
* Sec. 29. AS 28.35.034 is amended to read: 23
Sec. 28.35.034. Surrender of license or permit. A person whose license or 24
permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 25
28.15.181 shall surrender the physical license or permit to the department on receipt 26
of notice of the revocation. After the period of revocation has expired, the person may 27
make application for a new license as provided by law. 28
* Sec. 30. AS 33.16.150(i) is amended to read: 29
(i) In addition to other conditions of parole imposed under this section, for a 30
prisoner who is serving a sentence for an offense involving the use of alcohol and 31
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whom the board has ordered to refrain from possessing or consuming alcoholic 1
beverages, the board shall require the surrender of the person's physical driver's 2
license or identification card, forward the physical license or identification card to the 3
department, and impose as a condition of parole that, if the parolee is eligible for a 4
driver's license or identification card, the parolee shall apply to the department for a 5
new license or identification card with a restriction imposed on the person under 6
AS 04.16.160. The board shall notify the department of the board's order under this 7
subsection by providing a copy of the board's order. Upon discharge from parole, the 8
board shall notify the department of the parolee's discharge. In this subsection, 9
"department" means the Department of Administration. 10
* Sec. 31. This Act takes effect immediately under AS 01.10.070(c). 11