SB 84: "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date."
00SENATE BILL NO. 84 01 "An Act relating to fees for identification cards and certain motor vehicle licenses 02 and permits; to licenses issued to drivers and to revocation of a license to drive; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.65.310(a) is amended to read: 06 (a) Upon payment of a $10 [$5] fee, the Department of Public Safety shall 07 issue a card identical to the motor vehicle operator's license provided for in 08 AS 28.15.111, except that the card shall be of a different color and shall state in bold 09 type letters across the face of it that it is for identification purposes only. 10 * Sec. 2. AS 28.15.111(a) is amended to read: 11 (a) Upon successful completion of the application and all required 12 examinations, and upon payment of the required fee, the department shall issue to 13 every qualified applicant a driver's license indicating the type or general class of 14 vehicles that the licensee may drive. The license must display (1) a distinguishing
01 number assigned to the license; (2) the licensee's full name, address, date of birth, 02 brief physical description, and color photograph; [AND] (3) either a facsimile of the 03 signature of the licensee or a space upon which the licensee must write the licensee's 04 usual signature with pen and ink; (4) a holographic symbol intended to prevent 05 illegal alteration or duplication; and (5) for a qualified applicant who is under age 06 21, the words "UNDER 21". A license is not valid until signed by the licensee. If 07 facilities are not available for the taking of the photograph required under this section, 08 the department shall endorse on the license, the words "valid without photograph." 09 * Sec. 3. AS 28.15 is amended by adding new sections to read: 10 Sec. 28.15.187. ADMINISTRATIVE REVOCATION OF A LICENSE TO 11 DRIVE FOR USE OF FALSE IDENTIFICATION. (a) If a peace officer has probable 12 cause based on personal observation that a person has used a driver's license as 13 fraudulent or false identification as prohibited by AS 04.16.060(d), the peace officer 14 shall read a notice and deliver a copy to the person. The notice must advise that 15 (1) the department intends to revoke the person's driver's license, 16 privilege to drive, or privilege to obtain a license, or refuse to issue an original license 17 to the person; 18 (2) the person has the right to administrative review of the revocation 19 or determination not to issue an original license; 20 (3) if the person has a driver's license or a nonresident privilege to 21 drive, the notice itself is a temporary driver's license that expires seven days after it 22 is delivered to the person; 23 (4) revocation of the person's driver's license, privilege to drive, or 24 privilege to obtain a license, or a determination not to issue an original license takes 25 effect seven days after delivery of the notice to the person unless the person, within 26 seven days, requests an administrative review. 27 (b) After reading the notice under (a) of this section, the peace officer shall 28 seize the person's driver's license if it is in the person's possession and shall deliver 29 it to the department with a sworn report describing the circumstances under which it 30 was seized. 31 (c) Unless the person has requested an administrative review, the department
01 shall revoke the person's driver's license, privilege to drive, or privilege to obtain a 02 license, or refuse to issue an original license, effective seven days after delivery to the 03 person of the notice required under (a) of this section, upon receipt of a sworn report 04 of a peace officer 05 (1) that the officer had probable cause based on personal observations 06 that the person used a driver's license as fraudulent or false identification as prohibited 07 by AS 04.16.060(d); 08 (2) that notice under (a) of this section was provided to the person; and 09 (3) describing the circumstances surrounding the violation of 10 AS 04.16.060(d). 11 (d) The department shall impose the revocation required under this section 12 (1) for a period of 60 days for a first revocation under this section; and 13 (2) for a second or subsequent revocation under this section for a 14 period of 12 months. 15 (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the 16 department may not require proof of financial responsibility before restoring a driver's 17 license or privilege that is revoked under this section. 18 (f) A license revocation imposed under this section shall be consecutive to a 19 license revocation imposed under another provision of law. 20 Sec. 28.15.189. ADMINISTRATIVE REVIEW OF REVOCATION OF 21 LICENSE FOR USE OF FALSE IDENTIFICATION. (a) A person who has received 22 a notice under AS 28.15.187(a) may make a written request for administrative review 23 of the department's action. If the person's driver's license has not been previously 24 surrendered to the department, it shall be surrendered to the department at the time the 25 request for review is made. 26 (b) A request for review of the department's revocation under AS 28.15.187 27 shall be made within seven days after receipt of the notice under AS 28.15.187 or the 28 right to review is waived and the action of the department under AS 28.15.187(c) is 29 final. If a written request for a review is made after expiration of the seven-day 30 period, and if it is accompanied by the applicant's verified statement explaining the 31 failure to make a timely request for a review, the department shall receive and consider
01 the request. If the department finds that the person was unable to make a timely 02 request because of lack of actual notice of the revocation or because of factors of 03 physical incapacity such as hospitalization or incarceration, the department shall waive 04 the period of limitation, reopen the matter, and grant the review request. 05 (c) Upon receipt of a request for review, if it appears that the person holds a 06 valid driver's license and that the driver's license has been surrendered, the department 07 shall issue a temporary driver's permit that is valid until the scheduled date for the 08 review. A person who has requested a review under this section may request, and the 09 department may grant for good cause, a delay in the date of the hearing. If necessary, 10 the department may issue additional temporary permits to stay the effective date of its 11 action under AS 28.15.187(c) until the final order after the review is issued. 12 (d) A person who has requested a hearing under this section and who fails to 13 appear at the hearing, for reasons other than lack of actual notice of the hearing or 14 physical incapacity such as hospitalization or incarceration, waives the right to a 15 hearing. The determination of the department that is based upon the officer's report 16 becomes final. 17 (e) Notwithstanding AS 28.05.141(b), the hearing under this section shall be 18 held telephonically unless the person requesting the hearing requests in writing that the 19 hearing not be held telephonically. 20 (f) A review under this section shall be held before a hearing officer 21 designated by the commissioner. The hearing officer shall have authority to 22 (1) administer oaths and affirmations; 23 (2) examine witnesses and take testimony; 24 (3) receive relevant evidence; 25 (4) issue subpoenas, take depositions, or cause depositions or 26 interrogatories to be taken; 27 (5) regulate the course and conduct of the hearing; 28 (6) make a final ruling on the issue. 29 (g) The hearing for review of a revocation by the department under 30 AS 28.15.187 shall be limited to the issue of whether the person used a driver's license 31 as fraudulent or false identification as prohibited by AS 04.16.060(d).
01 (h) The determination of the hearing officer may be based upon the sworn 02 report of a peace officer, if the sworn report is supported by probable cause based on 03 personal observations as required under AS 18.15.187(a). The peace officer need not 04 be present at the hearing unless either the person requesting the hearing or the hearing 05 officer requests in writing before the hearing that the officer be present. If in the 06 course of the hearing it becomes apparent that the testimony of the peace officer is 07 necessary to enable the hearing officer to resolve disputed issues of fact, the hearing 08 shall be continued to allow the attendance of the peace officer. 09 (i) Upon written request of the person requesting the hearing, the hearing 10 officer shall stay the hearing until the conclusion of related criminal proceedings. If 11 the person requesting the hearing does not request a stay, testimony given by the 12 person at the hearing is admissible against the person in a criminal trial. 13 (j) If the issue set out in (g) of this section is determined in the affirmative by 14 a preponderance of the evidence, the hearing officer shall sustain the action of the 15 department. If the issue is determined in the negative, the department's revocation 16 action shall be rescinded. 17 (k) If the action of the department in revoking a nonresident's privilege to 18 drive a motor vehicle is not administratively contested by the nonresident driver or if 19 the departmental action is sustained by the hearing officer, the department shall give 20 written notice of action taken to the motor vehicle administrator of the state of the 21 person's residence and to any state in which that person has a driver's license. 22 (l) Within 30 days of the issuance of the final determination of the department, 23 a person aggrieved by the determination may file an appeal in superior court for 24 judicial review of the hearing officer's determination. The judicial review shall be on 25 the record without taking additional testimony. The court may reverse the 26 department's determination if the court finds that the department misinterpreted the 27 law, acted in an arbitrary and capricious manner, or made a determination unsupported 28 by the evidence in the record. 29 (m) The filing of an appeal under (l) of this section or a petition for review 30 does not automatically stay the department's order or revocation. The court may grant 31 a stay of the order or revocation under the applicable rules of court, after a motion and
01 hearing, and upon a finding that there is a reasonable probability that the petitioner 02 will prevail on the merits and that the petitioner will suffer irreparable harm if the 03 order is not stayed. 04 * Sec. 4. AS 28.15.271(a) is amended to read: 05 (a) The fees for drivers' licenses and permits, including but not limited to 06 renewals, and all related driver skills tests are as follows: 07 (1) all noncommercial vehicles and motor-driven cycles 08 (A) each license fee . . . . . . . . . . . . . . . . . . . . $ 15 [10]; 09 (B) each driver skills test . . . . . . . . . . . . . . . . . . . .$ 15; 10 (2) all commercial motor vehicles 11 (A) each license fee . . . . . . . . . . . . . . . . . . . . . . . .$100; 12 (B) each driver skills test . . . . . . . . . . . . . . . . . . . .$ 25; 13 (3) instruction permit . . . . . . . . . . . . . . . . . . . . $ 5 [3]; 14 (4) duplicate of driver's license or instruction permit . . . . $ 5 [3]; 15 (5) temporary license and renewal of permit . . . . . . . . . . $ 5 [3]; 16 (6) school bus driver's endorsement renewal . . . . . . . . . . $ 5 [3]. 17 * Sec. 5. This Act takes effect July 1, 1993.