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HB 290: "An Act relating to issuance of identification cards and to issuance of driver's licenses."

00 HOUSE BILL NO. 290 01 "An Act relating to issuance of identification cards and to issuance of driver's licenses." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.65.310 is amended by adding new subsections to read: 04 (h) The department may not issue an identification card under (a) of this 05 section to a person who has not presented to the department valid documentary 06 evidence that the person is a citizen of the United States, a legal permanent resident of 07 the United States, or a conditional resident alien of the United States. 08 (i) Notwithstanding (h) of this section, the department may issue an 09 identification card to a person who presents in person valid, documentary evidence of 10 the person's legal status and presence in the United States. The identification card 11 authorized under this subsection is valid only during the period of the time of the 12 person's authorized stay in the United States and must clearly indicate that expiration 13 date. The identification card authorized under this subsection may be renewed only 14 upon presentation of valid, documentary evidence that the status by which the person 15 qualified for the temporary identification card has been extended by the Bureau of

01 Citizenship and Immigration Services, United States Department of Homeland 02 Security. The department may by regulation specify what is valid, documentary 03 evidence under this subsection except that the department may not specify that a 04 matricula consular card is valid, documentary evidence. 05 * Sec. 2. AS 28.15.031(b) is amended to read: 06 (b) The department may not issue an original or duplicate driver's license to, 07 nor renew or reinstate the driver's license of, a person 08 (1) whose license is suspended or revoked, except as otherwise 09 provided in this chapter; 10 (2) who fails to appear in court for the adjudication of a certain 11 vehicle, driver, or traffic offense when the person's appearance is required by statute, 12 regulation, or court rule; 13 (3) who is an habitual user of alcohol or another drug to such a degree 14 that the person is incapable of safely driving a motor vehicle; 15 (4) [REPEALED 16 (5)] when the department, based upon medical evidence, has 17 determined that, because of the person's physical or mental disability, the person is not 18 able to drive a motor vehicle safely; 19 (5) [(6)] who is unable to understand official traffic control devices as 20 displayed in this state or who does not have a fair knowledge of traffic laws and 21 regulations, as demonstrated by an examination; 22 (6) [(7)] who has knowingly made a false statement in the person's 23 application for a license or has committed fraud in connection with the person's 24 application for, or in obtaining or attempting to obtain, a license, or who has not 25 applied under oath on the form provided for the purpose of obtaining or attempting to 26 obtain a license or permit; 27 (7) [OR (8)] who is required under AS 28.20 to furnish proof of 28 financial responsibility and who has not done so; or 29 (8) who has not presented to the department 30 (A) valid documentary evidence that the person is a citizen 31 of the United States, a legal permanent resident of the United States, or a

01 conditional resident alien of the United States; a person who is seeking a 02 renewal of, duplicate of, or change of legal name on a license is presumed 03 to meet the requirements of this subparagraph if the license has not 04 expired or been cancelled, suspended, or revoked; if the department has 05 been notified by a local, state, or federal government agency that the 06 person seeking a renewal of, duplicate of, or change of legal name on a 07 license is not a citizen of the United States or is not legally in the United 08 States, then the presumption available in this paragraph does not apply; 09 the department may by regulation specify what is valid, documentary 10 evidence under this subparagraph except that the department may not 11 specify that a matricula consular card is valid, documentary evidence; or 12 (B) in person valid, documentary evidence of the person's 13 legal status and presence in the United States; a license issued under this 14 subparagraph may be renewed only upon presentation of valid, 15 documentary evidence that the status by which the person qualified for 16 the license has been extended by the Bureau of Citizenship and 17 Immigration Services, United States Department of Homeland Security; a 18 change of name for a license issued under this subparagraph may be made 19 only upon presentation of valid, documentary evidence that the person's 20 name has been changed with regard to the status by which the person 21 qualified for the license; a duplicate license for a license issued under this 22 subparagraph may be issued only upon presentation of valid, 23 documentary evidence that the person's status by which the person 24 qualified for the license remains valid and in effect; the department may 25 by regulation specify what is valid, documentary evidence under this 26 subsection except that the department may not specify that a matricula 27 consular card is valid, documentary evidence. 28 * Sec. 3. AS 28.15.101(a) is amended to read: 29 (a) Except as otherwise provided in this chapter and in (d) of this section, a 30 driver's license expires on the licensee's birthday in the fifth year following issuance of 31 the license. A license may be renewed within one year of its expiration upon proper

01 application, payment of the required fee, and except when a license is renewed under 02 (c) of this section, successful completion of a test of the licensee's eyesight. 03 * Sec. 4. AS 28.15.101 is amended by adding a new subsection to read: 04 (d) A driver's license issued under AS 28.15.031(b)(8)(B) is valid only during 05 the period of the time the person is authorized to stay in the United States and must 06 clearly indicate the expiration date.