CSHB 3(FIN)(efd am)(fld H): "An Act relating to issuance of identification cards and to issuance of driver's licenses; relating to regulations concerning identification cards and driver's licenses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 3(FIN)(efd am)(fld H) 01 "An Act relating to issuance of identification cards and to issuance of driver's licenses; 02 relating to regulations concerning identification cards and driver's licenses; and 03 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 $15 fee, the department shall issue a card identical to 07 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 08 shall be of a different color and shall state in bold type letters across the face of it that 09 it is for identification purposes only. Except as provided in (g) and (l) of this 10 section, an identification card expires on the person's birthday in the fifth year 11 following issuance of the card. 12 * Sec. 2. AS 18.65.310(g) is amended to read: 13 (g) If the person applying for the identification card provided for in (a) of this 14 section is 60 years of age or older, charge may not be made for issuance of the card.
01 Except as provided in (l) of this section, an identification card issued to a person 02 who is 60 years of age or older expires on the person's birthday in the 10th year 03 following issuance of the card. 04 * Sec. 3. AS 18.65.310 is amended by adding new subsections to read: 05 (k) The department may not issue an identification card under (a) of this 06 section to a person who has not presented to the department valid documentary 07 evidence that the person is a citizen of the United States, a national of the United 08 States, a legal permanent resident of the United States, or a conditional resident alien 09 of the United States. 10 (l) Notwithstanding (k) of this section, the department may issue an 11 identification card to a person who presents in person valid documentary evidence of 12 (1) a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the 13 United States, (2) a pending or approved application for asylum in the United States, 14 (3) entry into the United States in refugee status, (4) a pending or approved application 15 for temporary protected status in the United States, (5) approved deferred action 16 status, or (6) a pending application for adjustment of status to legal permanent 17 residence status or conditional resident status. The identification card authorized under 18 this subsection is valid only during the period of the time of the person's authorized 19 stay in the United States and must clearly indicate that expiration date. If the period of 20 authorized stay is indefinite, the expiration date for the identification card is one year 21 from the date of issue. The identification card authorized under this subsection may be 22 renewed only on presentation of valid documentary evidence that the status by which 23 the person qualified for the temporary identification card has been extended by the 24 proper United States government authority. The department may by regulation specify 25 what is valid documentary evidence under this subsection except that the department 26 may not specify that a matricula consular card is valid documentary evidence. 27 (m) The commissioner of administration may not adopt a regulation related to 28 identification cards solely to bring the state into compliance with the requirements of 29 the federal REAL ID Act of 2005 (P.L. 109-13, Division B). 30 * Sec. 4. AS 28.05.011 is amended by adding a new subsection to read: 31 (c) The commissioner of administration may not adopt a regulation related to
01 driver's licenses solely to bring the state into compliance with the requirements of the 02 federal REAL ID Act of 2005 (P.L. 109-13, Division B). 03 * Sec. 5. AS 28.15.031(b) is amended to read: 04 (b) The department may not issue an original or duplicate driver's license to, 05 nor renew or reinstate the driver's license of, a person 06 (1) whose license is suspended, revoked, canceled, or withdrawn, or 07 who is disqualified from obtaining a license, in this or any other jurisdiction except 08 as otherwise provided in this chapter; 09 (2) who fails to appear in court for the adjudication of a certain 10 vehicle, driver, or traffic offense when the person's appearance is required by statute, 11 regulation, or court rule; 12 (3) who is an habitual user of alcohol or another drug to such a degree 13 that the person is incapable of safely driving a motor vehicle; 14 (4) when the department, based upon medical evidence, has 15 determined that, because of the person's physical or mental disability, the person is not 16 able to drive a motor vehicle safely; 17 (5) who is unable to understand official traffic control devices as 18 displayed in this state or who does not have a fair knowledge of traffic laws and 19 regulations, as demonstrated by an examination; 20 (6) who has knowingly made a false statement in the person's 21 application for a license or has committed fraud in connection with the person's 22 application for, or in obtaining or attempting to obtain, a license, or who has not 23 applied under oath on the form provided for the purpose of obtaining or attempting to 24 obtain a license or permit; [OR] 25 (7) who is required under AS 28.20 to furnish proof of financial 26 responsibility and who has not done so; or 27 (8) who has not presented to the department 28 (A) valid documentary evidence that the person is a citizen 29 of the United States, a national of the United States, a legal permanent 30 resident of the United States, or a conditional resident alien of the United 31 States; a person who is seeking a renewal of, duplicate of, or change of
01 legal name on a license is presumed to meet the requirements of this 02 subparagraph if the license has not been expired for more than 90 days or 03 been cancelled, suspended, or revoked and the person has not been 04 disqualified from obtaining a license; if the department has been notified 05 by a local, state, or federal government agency that the person seeking a 06 renewal of, duplicate of, or change of legal name on a license is not a 07 citizen of the United States or is not legally in the United States, then the 08 presumption available in this subparagraph does not apply; the 09 department may by regulation specify what is valid documentary evidence 10 under this subparagraph except that the department may not specify that 11 a matricula consular card is valid documentary evidence; or 12 (B) in person, valid documentary evidence of (i) a valid, 13 unexpired nonimmigrant visa or nonimmigrant visa status for entry into 14 the United States, (ii) a pending or approved application for asylum in the 15 United States, (iii) entry into the United States in refugee status, (iv) a 16 pending or approved application for temporary protected status in the 17 United States, (v) approved deferred action status, or (vi) a pending 18 application for adjustment of status to legal permanent residence status or 19 conditional resident status; a license issued under this subparagraph may 20 be renewed only on presentation of valid documentary evidence that the 21 status by which the person qualified for the license has been extended by 22 the proper United States government authority; a change of name for a 23 license issued under this subparagraph may be made only on presentation 24 of valid documentary evidence that the person's name has been changed 25 with regard to the status by which the person qualified for the license; a 26 duplicate license for a license issued under this subparagraph may be 27 issued only on presentation of valid documentary evidence that the 28 person's status by which the person qualified for the license remains valid 29 and in effect; the department may by regulation specify what is valid 30 documentary evidence under this subsection, except that the department 31 may not specify that a matricula consular card is valid documentary
01 evidence. 02 * Sec. 6. AS 28.15.101(a) is amended to read: 03 (a) Except as otherwise provided in this chapter and in (d) of this section, a 04 driver's license expires on the licensee's birthday in the fifth year following issuance of 05 the license. A license may be renewed within one year of its expiration upon proper 06 application, payment of the required fee, and except when a license is renewed under 07 (c) of this section, successful completion of a test of the licensee's eyesight. 08 * Sec. 7. AS 28.15.101 is amended by adding a new subsection to read: 09 (d) A driver's license issued under AS 28.15.031(b)(8)(B) is valid only during 10 the period of the time the person is authorized to stay in the United States and must 11 clearly indicate the expiration date. If the period of authorized stay is indefinite, the 12 expiration date of the license is one year from the date of issue. 13 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 NO COOPERATION WITH FEDERAL REAL ID ACT. This Act may not be 16 construed as support for, or cooperation with, the Federal REAL ID Act of 2005 (P.L. 109-13, 17 Division B). 18 * Sec. 9. This Act takes effect January 1, 2011.