SCS HB 16(RLS): "An Act relating to training regarding disabilities for police officers, probation officers, parole officers, correctional officers, and village public safety officers; relating to rights and responsibilities for drivers when encountering or being stopped by a peace officer; relating to a voluntary disability designation on a state identification card and a driver's license; relating to the implementation of the federal REAL ID Act of 2005; relating to issuance of identification cards and drivers' licenses; relating to data sharing by the Department of Administration; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 16(RLS) 01 "An Act relating to training regarding disabilities for police officers, probation officers, 02 parole officers, correctional officers, and village public safety officers; relating to rights 03 and responsibilities for drivers when encountering or being stopped by a peace officer; 04 relating to a voluntary disability designation on a state identification card and a driver's 05 license; relating to the implementation of the federal REAL ID Act of 2005; relating to 06 issuance of identification cards and drivers' licenses; relating to data sharing by the 07 Department of Administration; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 LEGISLATIVE INTENT. It is the intent of the legislature that the state continue to 12 work with the Alaska delegation in Congress to amend provisions of P.L. 109-13, Division B 13 (REAL ID Act of 2005) that compromise the rights of Alaskans to the privacy of their
01 personal information, while protecting the nation's efforts to combat terrorism. 02 * Sec. 2. AS 18.65.220 is amended to read: 03 Sec. 18.65.220. Powers. The council has the power to 04 (1) adopt regulations for the administration of AS 18.65.130 - 05 18.65.290; 06 (2) establish minimum standards for employment as a police officer, 07 probation officer, parole officer, municipal correctional officer, and correctional 08 officer in a permanent or probationary position and certify persons to be qualified as 09 police officers, probation officers, parole officers, municipal correctional officers, and 10 correctional officers under AS 18.65.130 - 18.65.290; 11 (3) establish minimum criminal justice curriculum requirements for 12 basic, specialized, and in-service courses and programs for schools operated by or for 13 the state or a political subdivision of the state for the specific purpose of training 14 police recruits, police officers, probation officers, parole officers, municipal 15 correctional officers, and correctional officers; the curriculum requirements 16 established under this paragraph must include training in 17 (A) recognizing people with disabilities; 18 (B) appropriate interactions with persons with disabilities; 19 (C) resources available to persons with disabilities and to 20 those interacting with persons with disabilities; and 21 (D) the requirements of Title II of the Americans with 22 Disabilities Act, 42 U.S.C. 12131 - 12165; 23 (4) consult and cooperate with municipalities, agencies of the state, 24 other governmental agencies, universities, colleges, and other institutions concerning 25 the development of police officer, probation officer, parole officer, municipal 26 correctional officer, and correctional officer training schools and programs of criminal 27 justice instruction; 28 (5) employ an administrator and other persons necessary to carry out 29 its duties under AS 18.65.130 - 18.65.290; 30 (6) investigate when there is reason to believe that a police officer, 31 probation officer, parole officer, municipal correctional officer, or correctional officer
01 does not meet the minimum standards for employment; in connection with the 02 investigation the council may subpoena persons, books, records, or documents related 03 to the investigation and require answers in writing under oath to questions asked by 04 the council or the administrator; 05 (7) charge and collect a fee of $50 for processing applications for 06 certification of police, probation, parole, municipal correctional, and correctional 07 officers. 08 * Sec. 3. AS 18.65.310(a) is amended to read: 09 (a) Upon payment of a $15 fee, the department shall issue a card identical to 10 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 11 shall be of a different color and shall state in bold type letters across the face of it that 12 it is for identification purposes only. Upon request of a person and upon payment 13 of an additional $20 fee, the department may issue an identification card under 14 this section that is federally compliant. 15 * Sec. 4. AS 18.65.310(b) is amended to read: 16 (b) A person may obtain an identification card provided for in (a) of this 17 section by applying to the department on forms and in the manner prescribed by the 18 department. The department shall include on the application for an identification 19 card a requirement that the applicant indicate 20 (1) that the applicant understands the options for identification 21 cards available at the time of issuance; and 22 (2) the type of identification card that the applicant selects. 23 * Sec. 5. AS 18.65.310 is amended by adding new subsections to read: 24 (m) The department shall provide a method for a person to designate 25 voluntarily on an identification card that the person has a disability, including a 26 cognitive, mental, neurological, or physical disability, or a combination of them. The 27 department shall create a discreet symbol to place on the identification card of a 28 person requesting the designation. The method must provide a means by which the 29 person may cancel the designation. The department may not charge a fee solely for the 30 designation. To receive the designation, the person shall provide proof of the disability 31 from a person licensed as a physician or physician assistant under AS 08.64, as a
01 naturopath under AS 08.45, as an advanced nurse practitioner under AS 08.68, or as a 02 licensed psychologist under AS 08.86. Notwithstanding (a) of this section, the 03 department may charge a fee of $5 for replacement of a valid identification card with a 04 new identification card with a disability designation and may charge a fee of $5 for 05 replacement of an identification card with a disability designation with a new 06 identification card without a disability designation. 07 (n) The department shall adopt regulations for the issuance of identification 08 cards that are federally compliant. For identification cards that are federally compliant, 09 the department 10 (1) shall copy, scan, or retain only the minimum number of documents 11 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 12 or federal law, for issuance of an identification card that is federally compliant; 13 (2) shall destroy, regularly and as close as practicable to 15 years after 14 the date of application unless otherwise required by another applicable state or federal 15 law, any documents retained under (1) of this subsection; and 16 (3) may not copy, scan, or retain in any form a document that is not 17 required to be retained under (1) of this subsection. 18 (o) The department shall continue to issue identification cards that are not 19 federally compliant. Nothing in this section or regulations adopted under this section 20 requires a person to be issued an identification card that is federally compliant. An 21 applicant must clearly request an identification card that is federally compliant to 22 obtain one. The state or a municipal government may not require a person to possess 23 or use an identification card that is federally compliant unless the person is a state or 24 municipal employee and the duties of the person's job require the use of an 25 identification card that is federally compliant. The state or a municipal government 26 shall otherwise treat an identification card that is not federally compliant the same as 27 an identification card that is federally compliant. For an identification card that is not 28 federally compliant, the department 29 (1) shall retain an image of the face on the identification card for not 30 more than 15 years after the date of application; if an applicant does not receive an 31 identification card, the department may not retain an image of the applicant's face;
01 (2) shall scan and retain only the minimum documents necessary for 02 issuance of the identification card; the department shall destroy any documents 03 retained one year after the identification card expires. 04 (p) An identification card expires on the person's birthday in the eighth year 05 following issuance of the identification card. An identification card may be renewed 06 within one year of its expiration upon proper application and payment of the required 07 fee. An identification card may be renewed by mail or on the department's Internet 08 website, except that an identification card may not be renewed by mail or on the 09 department's Internet website if the most recent renewal of the applicant's 10 identification card was by mail or on the department's Internet website. Under 11 regulations adopted by the department, the department may issue to a person an 12 identification card with a duration of less than eight years if the person is authorized to 13 stay in the United States for less than eight years or if the period of authorized stay is 14 indefinite. The department shall issue the identification card for the period of the 15 authorized stay. If the period of authorized stay is indefinite, the department shall issue 16 the identification card with a validity of up to eight years. 17 (q) The department shall provide public information about the differences 18 between identification cards and identification cards that are federally compliant. The 19 department shall also provide the information to applicants for new and renewal 20 identification cards at the time of application. At a minimum, the information must 21 include a description of 22 (1) each type of identification card; 23 (2) the storage and sharing process for an applicant's information for 24 an identification card and an identification card that is federally compliant; and 25 (3) the official purpose and limitations on the use of each type of 26 identification card, including a description of the purposes for which an identification 27 card that is federally compliant may be required and a description of alternatives to 28 using an identification card that is federally compliant to serve those purposes. 29 (r) In this section, "identification card that is federally compliant" means an 30 identification card issued by the state that has been certified by the United States 31 Department of Homeland Security to be in compliance with the requirements of P.L.
01 109-13, Division B (REAL ID Act of 2005). 02 * Sec. 6. AS 18.65.670(c) is amended to read: 03 (c) The commissioner of public safety may adopt regulations related to village 04 public safety officers, including minimum standards and training, criteria for 05 community, municipality, or corporation participation, and the interaction between the 06 Department of Public Safety and village public safety officers. Regulations adopted by 07 the commissioner of public safety under this subsection may not prohibit village 08 public safety officers who otherwise meet minimum standards and training from 09 carrying firearms. If the commissioner of public safety adopts regulations 10 regarding training for village public safety officers, at a minimum, that training 11 must include disability training that provides training in the subjects set out in 12 AS 18.65.220(3). The commissioner of corrections may adopt regulations related to 13 the functions of village public safety officers providing probation and parole 14 supervision. 15 * Sec. 7. AS 28.05.011 is amended by adding a new subsection to read: 16 (c) If the department publishes a manual related to the safe and lawful 17 operation of a motor vehicle, the manual must include the rights and responsibilities of 18 drivers when encountering or being stopped by a peace officer. 19 * Sec. 8. AS 28.05 is amended by adding a new section to read: 20 Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys, 21 distributes, or communicates data to be used in a database, index, pointer system, or 22 any other system managed by an entity other than the department, including the 23 American Association of Motor Vehicle Administrators, to comply with the 24 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may 25 not convey, distribute, or communicate to that entity any data not required to be 26 conveyed, distributed, or communicated for the state to be certified by the United 27 States Department of Homeland Security to be in compliance with the requirements of 28 P.L. 109-13, Division B (REAL ID Act of 2005). 29 (b) The department shall take all steps available to obtain from the entity an 30 agreement that the state need not convey, distribute, or communicate social security 31 numbers, in whole or in part, to participate in the database, index, pointer system, or
01 other system. 02 (c) The department shall take all steps available to work with other states, the 03 United States Department of Homeland Security, and any multistate entities in which 04 the state participates to secure a means of compliance with P.L. 109-13, Division B 05 (REAL ID Act of 2005), including through an interstate compact, that does not 06 involve the storage or sharing of social security numbers, in whole or in part, with an 07 interstate database, index, pointer system, or other system. 08 (d) If the department has complied with (b) and (c) of this section and has 09 been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID 10 Act of 2005) that does not involve the storage or sharing of social security numbers, in 11 whole or in part, the department shall take all steps necessary to minimize the number 12 of digits of a social security number required to be stored or shared. 13 (e) The department may share only the least number of digits of a person's 14 social security number necessary to comply with federal law that requires the 15 department to determine whether a person has been issued a driver's license in another 16 state. 17 (f) The department shall submit an annual report on the results of the efforts 18 required under (b) - (e) of this section to the senate secretary and chief clerk of the 19 house of representatives on or before January 31 of each year and notify the legislature 20 that the report is available. 21 * Sec. 9. AS 28.15.041 is amended by adding new subsections to read: 22 (d) The commissioner shall adopt regulations for the issuance of drivers' 23 licenses that are federally compliant. For drivers' licenses that are federally compliant, 24 the department 25 (1) shall copy, scan, or retain only the minimum number of documents 26 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 27 or federal law, for issuance of a driver's license that is federally compliant; 28 (2) shall destroy, regularly and as close as practicable to 15 years after 29 the date of application unless otherwise required by another applicable state or federal 30 law, any documents retained under (1) of this subsection; and 31 (3) may not copy, scan, or retain in any form a document that is not
01 required to be retained under (1) of this subsection. 02 (e) The department shall continue to issue drivers' licenses that are not 03 federally compliant. Nothing in this section or regulations adopted under this section 04 requires a driver to be issued a driver's license that is federally compliant. An 05 applicant must clearly request a driver's license that is federally compliant to obtain 06 one. The state or a municipal government may not require a person to possess or use a 07 driver's license that is federally compliant unless the person is a state or municipal 08 employee and the duties of the person's job require the use of a driver's license that is 09 federally compliant. The state or a municipal government shall otherwise treat a 10 driver's license that is not federally compliant the same as a driver's license that is 11 federally compliant. For a driver's license that is not federally compliant, the 12 department 13 (1) shall retain an image of the face on the license for not more than 15 14 years after the date of application; if an applicant does not receive a driver's license, 15 the department may not retain an image of the applicant's face; 16 (2) shall scan and retain only the minimum documents necessary for 17 issuance of the driver's license; the department shall destroy any documents retained 18 one year after the driver's license expires. 19 (f) The department shall provide public information about the differences 20 between drivers' licenses and drivers' licenses that are federally compliant. The 21 department shall also provide the information to applicants for new and renewal 22 drivers' licenses at the time of application. At a minimum, the information must 23 include a description of 24 (1) each type of driver's license; 25 (2) the storage and sharing process for an applicant's information for a 26 driver's license and a driver's license that is federally compliant; and 27 (3) the official purpose and limitations on use of each type of driver's 28 license, including a description of the purposes for which a driver's license that is 29 federally compliant may be required and a description of alternatives to using a 30 driver's license that is federally compliant to serve those purposes. 31 * Sec. 10. AS 28.15.061(b) is amended to read:
01 (b) An application under (a) of this section must 02 (1) contain the applicant's full legal name, date and place of birth, sex, 03 and mailing and residence addresses; 04 (2) state whether the applicant has been previously licensed in the past 05 10 years as a driver and, if so, when and by what jurisdiction; 06 (3) state whether any previous driver's license issued to the applicant 07 has ever been suspended or revoked or whether an application for a driver's license has 08 ever been refused and, if so, the date of and reason for the suspension, revocation, or 09 refusal; 10 (4) contain the applicant's social security number; the requirement of 11 this paragraph only applies to an applicant who has been issued a social security 12 number; [AND] 13 (5) contain other information that the department may reasonably 14 require to determine the applicant's identity, competency, and eligibility; and 15 (6) require that the applicant indicate 16 (A) that the applicant understands the options for drivers' 17 licenses available at the time of issuance; and 18 (B) the type of driver's license that the applicant selects. 19 * Sec. 11. AS 28.15.101(a) is amended to read: 20 (a) Except as otherwise provided in this chapter, a driver's license expires on 21 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A 22 license may be renewed within one year of its expiration upon proper application, 23 payment of the required fee, and except when a license is renewed under (c) of this 24 section, successful completion of a test of the licensee's eyesight. 25 * Sec. 12. AS 28.15.101(d) is amended to read: 26 (d) Under regulations adopted by the department, the department may issue to 27 a person a driver's license with a duration of less than eight [FIVE] years if the person 28 is authorized to stay in the United States for less than eight [FIVE] years or the period 29 of authorized stay is indefinite. The department shall issue the license for the period of 30 the authorized stay. If the period of authorized stay is indefinite, the department shall 31 issue the license with a validity of up to eight years [ONE YEAR. THE
01 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE 02 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION 03 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD 04 OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE]. 05 * Sec. 13. AS 28.15.111(a) is amended to read: 06 (a) Upon successful completion of the application and all required 07 examinations, and upon payment of the required fee, the department shall issue to 08 every qualified applicant a driver's license indicating the type or general class of 09 vehicles that the licensee may drive. The license must (1) display a distinguishing 10 number assigned to the license; (2) display the licensee's full name, address, date of 11 birth, brief physical description, and [COLOR] photograph; (3) display either a 12 facsimile of the signature of the licensee or a space upon which the licensee must write 13 the licensee's usual signature with pen and ink; (4) physical security features 14 designed to prevent tampering, counterfeiting, or duplication of the document for 15 fraudulent purposes [DISPLAY A HOLOGRAPHIC SYMBOL INTENDED TO 16 PREVENT ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a 17 qualified applicant who is under 21 years of age, the words "UNDER 21"; and (6) to 18 the extent the department is able, be designed to allow the electronic reading and 19 electronic display of the information described under (2) of this subsection and the 20 electronic reading and display and a physical display on the license that the person is 21 restricted from purchasing alcoholic beverages under AS 04.16.160. A license may not 22 display the licensee's social security number and is not valid until signed by the 23 licensee. If facilities are not available for the taking of the photograph required under 24 this section, the department shall endorse on the license, the words "valid without 25 photograph." 26 * Sec. 14. AS 28.15.111 is amended by adding new subsections to read: 27 (d) The department shall provide a method, at the time that a driver's license is 28 issued, by which the owner of a license may voluntarily designate on the license that 29 the owner has a disability, including a cognitive, mental, neurological, or physical 30 disability, or a combination of them. The department shall create a discreet symbol to 31 place on the driver's license of a person requesting the designation. The method must
01 provide a means by which the owner may cancel the designation. The department may 02 not charge a fee solely for the designation. To receive the designation, the person shall 03 provide proof of the disability from a person licensed as a physician or physician 04 assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced nurse 05 practitioner under AS 08.68, or as a licensed psychologist under AS 08.86. The 06 department may charge a fee of $5 for replacement of a valid driver's license with a 07 new driver's license with a disability designation and may charge a fee of $5 for 08 replacement of a driver's license with a disability designation with a new driver's 09 license without a disability designation. 10 (e) The department may not engage in bulk sharing of facial images captured 11 as a result of an application for a driver's license with a database, other than a database 12 established by the state, regardless of whether the applicant applied for a driver's 13 license that is federally compliant or a driver's license that is not federally compliant. 14 The prohibition in this subsection does not apply to a commercial driver's license. 15 (f) A commercial driver's license must be federally compliant. 16 * Sec. 15. AS 28.15.271(b) is amended to read: 17 (b) In addition to the fees under (a) of this section, 18 (1) a person who renews a driver's license by mail shall pay a fee of 19 $1; 20 (2) a person who applies for a limited driver's license under 21 AS 28.15.201 shall pay a fee of $100; and 22 (3) a person who applies for reinstatement of a driver's license under 23 AS 28.15.211 shall pay a fee of 24 (A) $100 if the person's driver's license has, within the 10 years 25 preceding the application, been suspended, revoked, or limited under the 26 provisions of this chapter, except as provided by (C) of this paragraph, only 27 once; 28 (B) $250 if the person's driver's license has, within the 10 years 29 preceding the application, been suspended, revoked, or limited under the 30 provisions of this chapter, except as provided by (D) of this paragraph, two or 31 more times;
01 (C) $200 if the person's driver's license has, within the 10 years 02 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only 03 once; or 04 (D) $500 if the person's driver's license has, within the 10 years 05 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 06 or more times; 07 (4) a person who applies for a driver's license that is federally 08 compliant shall pay a fee of $20. 09 * Sec. 16. AS 28.90.990(a) is amended by adding a new paragraph to read: 10 (32) "driver's license that is federally compliant" means a driver's 11 license issued by the state that has been certified by the United States Department of 12 Homeland Security to be in compliance with the requirements of P.L. 109-13, 13 Division B (REAL ID Act of 2005). 14 * Sec. 17. AS 44.99.040(a)(2) is repealed. 15 * Sec. 18. AS 28.05.068(f) is repealed June 30, 2021. 16 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 19 Administration may adopt regulations necessary to implement the changes made by this Act. 20 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 21 effective date of the law implemented by the regulation. 22 * Sec. 20. Sections 17 and 19 of this Act take effect immediately under AS 01.10.070(c). 23 * Sec. 21. Sections 1, 3, 4, 8 - 13, 15, and 16, AS 18.65.310(n) - (r), enacted by sec. 5 of this 24 Act, and AS 28.15.111(e) and (f), enacted by sec. 14 of this Act, take effect January 1, 2019.