SB 215: "An Act relating to issuance of identification cards and to issuance of driver's licenses; and providing for an effective date."
00 SENATE BILL NO. 215 01 "An Act relating to issuance of identification cards and to issuance of driver's licenses; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.65.310(a) is amended to read: 05 (a) Upon payment of a $15 fee, the department shall issue a card identical to 06 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 07 shall be of a different color and shall state in bold type letters across the face of it that 08 it is for identification purposes only. Except as provided in (g) and (l) of this 09 section, an identification card expires on the person's birthday in the fifth year 10 following issuance of the card. 11 * Sec. 2. AS 18.65.310(g) is amended to read: 12 (g) If the person applying for the identification card provided for in (a) of this 13 section is 60 years of age or older, charge may not be made for issuance of the card. 14 Except as provided in (l) of this section, an identification card issued to a person
01 who is 60 years of age or older expires on the person's birthday in the eighth year 02 following issuance of the card. 03 * Sec. 3. AS 18.65.310 is amended by adding new subsections to read: 04 (k) 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 national of the United 07 States, a legal permanent resident of the United States, or a conditional resident alien 08 of the United States. 09 (l) Notwithstanding (k) of this section, the department may issue an 10 identification card to a person who presents in person valid, documentary evidence of 11 (1) a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the 12 United States, (2) a pending or approved application for asylum in the United States, 13 (3) entry into the United States in refugee status, (4) a pending or approved application 14 for temporary protected status in the United States, (5) approved deferred action 15 status, or (6) a pending application for adjustment of status to legal permanent 16 residence status or conditional resident status. The identification card authorized under 17 this subsection is valid only during the period of the time of the person's authorized 18 stay in the United States and must clearly indicate that expiration date. If the period of 19 authorized stay is indefinite, the expiration date for the identification card is one year 20 from the date of issue. The identification card authorized under this subsection may be 21 renewed only upon presentation of valid, documentary evidence that the status by 22 which the person qualified for the temporary identification card has been extended by 23 the proper United States government authority. The department may by regulation 24 specify what is valid, documentary evidence under this subsection except that the 25 department may not specify that a matricula consular card is valid, documentary 26 evidence. 27 * Sec. 4. AS 28.15.031(b) is amended to read: 28 (b) The department may not issue an original or duplicate driver's license to, 29 nor renew or reinstate the driver's license of, a person 30 (1) whose license is suspended, revoked, canceled, or withdrawn in 31 this or any other jurisdiction, or who is disqualified from obtaining a license, except
01 as otherwise provided in this chapter; 02 (2) who fails to appear in court for the adjudication of a certain 03 vehicle, driver, or traffic offense when the person's appearance is required by statute, 04 regulation, or court rule; 05 (3) who is an habitual user of alcohol or another drug to such a degree 06 that the person is incapable of safely driving a motor vehicle; 07 (4) when the department, based upon medical evidence, has 08 determined that, because of the person's physical or mental disability, the person is not 09 able to drive a motor vehicle safely; 10 (5) who is unable to understand official traffic control devices as 11 displayed in this state or who does not have a fair knowledge of traffic laws and 12 regulations, as demonstrated by an examination; 13 (6) who has knowingly made a false statement in the person's 14 application for a license or has committed fraud in connection with the person's 15 application for, or in obtaining or attempting to obtain, a license, or who has not 16 applied under oath on the form provided for the purpose of obtaining or attempting to 17 obtain a license or permit; [OR] 18 (7) who is required under AS 28.20 to furnish proof of financial 19 responsibility and who has not done so; or 20 (8) who has not presented to the department 21 (A) valid documentary evidence that the person is a citizen 22 of the United States, a national of the United States, a legal permanent 23 resident of the United States, or a conditional resident alien of the United 24 States; a person who is seeking a renewal of, duplicate of, or change of 25 legal name on a license is presumed to meet the requirements of this 26 subparagraph if the license has not been expired for more than 90 days or 27 been cancelled, suspended, or revoked and the person has not been 28 disqualified from obtaining a license; if the department has been notified 29 by a local, state, or federal government agency that the person seeking a 30 renewal of, duplicate of, or change of legal name on a license is not a 31 citizen of the United States or is not legally in the United States, then the
01 presumption available in this paragraph does not apply; the department 02 may by regulation specify what is valid, documentary evidence under this 03 subparagraph except that the department may not specify that a 04 matricula consular card is valid, documentary evidence; or 05 (B) in person valid, documentary evidence of (i) a valid, 06 unexpired nonimmigrant visa or nonimmigrant visa status for entry into 07 the United States, (ii) a pending or approved application for asylum in the 08 United States, (iii) entry into the United States in refugee status, (iv) a 09 pending or approved application for temporary protected status in the 10 United States, (v) approved deferred action status, or (vi) a pending 11 application for adjustment of status to legal permanent residence status or 12 conditional resident status; a license issued under this subparagraph may 13 be renewed only upon presentation of valid, documentary evidence that 14 the status by which the person qualified for the license has been extended 15 by the proper United States government authority; a change of name for a 16 license issued under this subparagraph may be made only upon 17 presentation of valid, documentary evidence that the person's name has 18 been changed with regard to the status by which the person qualified for 19 the license; a duplicate license for a license issued under this 20 subparagraph may be issued only upon presentation of valid, 21 documentary evidence that the person's status by which the person 22 qualified for the license remains valid and in effect; the department may 23 by regulation specify what is valid, documentary evidence under this 24 subsection except that the department may not specify that a matricula 25 consular card is valid, documentary evidence. 26 * Sec. 5. AS 28.15.101(a) is amended to read: 27 (a) Except as otherwise provided in this chapter and in (d) of this section, a 28 driver's license expires on the licensee's birthday in the fifth year following issuance of 29 the license. A license may be renewed within one year of its expiration upon proper 30 application, payment of the required fee, and except when a license is renewed under 31 (c) of this section, successful completion of a test of the licensee's eyesight.
01 * Sec. 6. AS 28.15.101 is amended by adding a new subsection to read: 02 (d) A driver's license issued under AS 28.15.031(b)(8)(B) is valid only during 03 the period of the time the person is authorized to stay in the United States and must 04 clearly indicate the expiration date. If the period of authorized stay is indefinite, the 05 expiration date of the license is one year from the date of issue. 06 * Sec. 7. This Act takes effect January 1, 2009.