Enrolled HB 16: 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.
00Enrolled HB 16 01 Relating to training regarding disabilities for police officers, probation officers, parole 02 officers, correctional officers, and village public safety officers; relating to rights and 03 responsibilities for drivers when encountering or being stopped by a peace officer; relating to 04 a voluntary disability designation on a state identification card and a driver's license; relating 05 to the implementation of the federal REAL ID Act of 2005; relating to issuance of 06 identification cards and drivers' licenses; relating to data sharing by the Department of 07 Administration; and providing for an effective date. 08 _______________ 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 persons 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 42 U.S.C. 12131 - 12165 (Title II of 22 the Americans with Disabilities Act of 1990); 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 those 27 disabilities. The department shall create a discreet symbol to place on the 28 identification card of a person requesting the designation. The method must provide a 29 means by which the person may cancel the designation. The department may not 30 charge a fee solely for the designation. To receive the designation, the person shall 31 provide proof of the disability from a person licensed as a physician or physician
01 assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced practice 02 registered nurse under AS 08.68, or as a licensed psychologist under AS 08.86. 03 Notwithstanding (a) of this section, the department may charge a fee of $5 for 04 replacement of a valid identification card with a new identification card with a 05 disability designation and may charge a fee of $5 for replacement of an identification 06 card with a disability designation with a new identification card without a disability 07 designation. 08 (n) The department shall adopt regulations for the issuance of identification 09 cards that are federally compliant. For identification cards that are federally compliant, 10 the department 11 (1) shall copy, scan, or retain only the minimum number of documents 12 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 13 or federal law, for issuance of an identification card that is federally compliant; 14 (2) shall destroy, regularly and as close as practicable to 15 years after 15 the date of application unless otherwise required by another applicable state or federal 16 law, any documents retained under (1) of this subsection; and 17 (3) may not copy, scan, or retain in any form a document that is not 18 required to be retained under (1) of this subsection. 19 (o) The department shall continue to issue identification cards that are not 20 federally compliant. Nothing in this section or regulations adopted under this section 21 requires a person to be issued an identification card that is federally compliant. An 22 applicant must clearly request an identification card that is federally compliant to 23 obtain one. The state or a municipal government may not require a person to possess 24 or use an identification card that is federally compliant unless the person is a state or 25 municipal employee and the duties of the person's job require the use of an 26 identification card that is federally compliant. The state or a municipal government 27 shall otherwise treat an identification card that is not federally compliant the same as 28 an identification card that is federally compliant. For an identification card that is not 29 federally compliant, the department 30 (1) shall retain an image of the face on the identification card for not 31 more than 15 years after the date of application; if an applicant does not receive an
01 identification card, the department may not retain an image of the applicant's face; 02 (2) shall scan and retain only the minimum documents necessary for 03 issuance of the identification card; the department shall destroy any documents 04 retained one year after the identification card expires. 05 (p) An identification card expires on the person's birthday in the eighth year 06 following issuance of the identification card. An identification card may be renewed 07 within one year of its expiration upon proper application and payment of the required 08 fee. An identification card may be renewed by mail or on the department's Internet 09 website, except that an identification card may not be renewed by mail or on the 10 department's Internet website if the most recent renewal of the applicant's 11 identification card was by mail or on the department's Internet website. Under 12 regulations adopted by the department, the department may issue to a person an 13 identification card with a duration of less than eight years if the person is authorized to 14 stay in the United States for less than eight years or if the period of authorized stay is 15 indefinite. The department shall issue the identification card for the period of the 16 authorized stay. If the period of authorized stay is indefinite, the department shall issue 17 the identification card with a validity of up to eight years. 18 (q) The department shall provide public information about the differences 19 between identification cards and identification cards that are federally compliant. The 20 department shall also provide the information to applicants for new and renewal 21 identification cards at the time of application. At a minimum, the information must 22 include a description of 23 (1) each type of identification card; 24 (2) the storage and sharing process for an applicant's information for 25 an identification card and an identification card that is federally compliant; and 26 (3) the official purpose and limitations on the use of each type of 27 identification card, including a description of the purposes for which an identification 28 card that is federally compliant may be required and a description of alternatives to 29 using an identification card that is federally compliant to serve those purposes. 30 (r) In this section, "identification card that is federally compliant" means an 31 identification card issued by the state that has been certified by the United States
01 Department of Homeland Security to be in compliance with the requirements of P.L. 02 109-13, Division B (REAL ID Act of 2005). 03 * Sec. 6. AS 18.65.670(c) is amended to read: 04 (c) The commissioner of public safety may adopt regulations related to village 05 public safety officers, including minimum standards and training, criteria for 06 community, municipality, or corporation participation, and the interaction between the 07 Department of Public Safety and village public safety officers. Regulations adopted by 08 the commissioner of public safety under this subsection may not prohibit village 09 public safety officers who otherwise meet minimum standards and training from 10 carrying firearms. If the commissioner of public safety adopts regulations 11 regarding training for village public safety officers, at a minimum, that training 12 must include disability training that provides training in the subjects set out in 13 AS 18.65.220(3). The commissioner of corrections may adopt regulations related to 14 the functions of village public safety officers providing probation and parole 15 supervision. 16 * Sec. 7. AS 28.05.011 is amended by adding a new subsection to read: 17 (c) If the department publishes a manual related to the safe and lawful 18 operation of a motor vehicle, the manual must include the rights and responsibilities of 19 drivers when encountering or being stopped by a peace officer. 20 * Sec. 8. AS 28.05 is amended by adding a new section to read: 21 Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys, 22 distributes, or communicates data to be used in a database, index, pointer system, or 23 any other system managed by an entity other than the department, including the 24 American Association of Motor Vehicle Administrators, to comply with the 25 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may 26 not convey, distribute, or communicate to that entity any data not required to be 27 conveyed, distributed, or communicated for the state to be certified by the United 28 States Department of Homeland Security to be in compliance with the requirements of 29 P.L. 109-13, Division B (REAL ID Act of 2005). 30 (b) Notwithstanding (a) of this section, the department may not convey, 31 distribute, or communicate to a private entity any scanned or stored documents
01 collected in order to carry out the provisions of AS 28.15. 02 (c) The department shall take all steps available to obtain from the entity an 03 agreement that the state need not convey, distribute, or communicate social security 04 numbers, in whole or in part, to participate in the database, index, pointer system, or 05 other system. 06 (d) The department shall take all steps available to work with other states, the 07 United States Department of Homeland Security, and any multistate entities in which 08 the state participates to secure a means of compliance with P.L. 109-13, Division B 09 (REAL ID Act of 2005), including through an interstate compact, that does not 10 involve the storage or sharing of social security numbers, in whole or in part, with an 11 interstate database, index, pointer system, or other system. 12 (e) If the department has complied with (c) and (d) of this section and has 13 been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID 14 Act of 2005) that does not involve the storage or sharing of social security numbers, in 15 whole or in part, the department shall take all steps necessary to minimize the number 16 of digits of a social security number required to be stored or shared. 17 (f) The department may share only the least number of digits of a person's 18 social security number necessary to comply with federal law that requires the 19 department to determine whether a person has been issued a driver's license in another 20 state. 21 (g) The department shall submit an annual report on the results of the efforts 22 required under (c) - (f) of this section to the senate secretary and chief clerk of the 23 house of representatives on or before January 31 of each year and notify the legislature 24 that the report is available. 25 * Sec. 9. AS 28.15.041 is amended by adding new subsections to read: 26 (d) The commissioner shall adopt regulations for the issuance of drivers' 27 licenses that are federally compliant. For drivers' licenses that are federally compliant, 28 the department 29 (1) shall copy, scan, or retain only the minimum number of documents 30 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 31 or federal law, for issuance of a driver's license that is federally compliant;
01 (2) shall destroy, regularly and as close as practicable to 15 years after 02 the date of application unless otherwise required by another applicable state or federal 03 law, any documents retained under (1) of this subsection; and 04 (3) may not copy, scan, or retain in any form a document that is not 05 required to be retained under (1) of this subsection. 06 (e) The department shall continue to issue drivers' licenses that are not 07 federally compliant. Nothing in this section or regulations adopted under this section 08 requires a driver to be issued a driver's license that is federally compliant. An 09 applicant must clearly request a driver's license that is federally compliant to obtain 10 one. The state or a municipal government may not require a person to possess or use a 11 driver's license that is federally compliant unless the person is a state or municipal 12 employee and the duties of the person's job require the use of a driver's license that is 13 federally compliant. The state or a municipal government shall otherwise treat a 14 driver's license that is not federally compliant the same as a driver's license that is 15 federally compliant. For a driver's license that is not federally compliant, the 16 department 17 (1) shall retain an image of the face on the license for not more than 15 18 years after the date of application; if an applicant does not receive a driver's license, 19 the department may not retain an image of the applicant's face; 20 (2) shall scan and retain only the minimum documents necessary for 21 issuance of the driver's license; the department shall destroy any documents retained 22 one year after the driver's license expires. 23 (f) The department shall provide public information about the differences 24 between drivers' licenses and drivers' licenses that are federally compliant. The 25 department shall also provide the information to applicants for new and renewal 26 drivers' licenses at the time of application. At a minimum, the information must 27 include a description of 28 (1) each type of driver's license; 29 (2) the storage and sharing process for an applicant's information for a 30 driver's license and a driver's license that is federally compliant; and 31 (3) the official purpose and limitations on the use of each type of
01 driver's license, including a description of the purposes for which a driver's license that 02 is federally compliant may be required and a description of alternatives to using a 03 driver's license that is federally compliant to serve those purposes. 04 * Sec. 10. AS 28.15.061(b) is amended to read: 05 (b) An application under (a) of this section must 06 (1) contain the applicant's full legal name, date and place of birth, sex, 07 and mailing and residence addresses; 08 (2) state whether the applicant has been previously licensed in the past 09 10 years as a driver and, if so, when and by what jurisdiction; 10 (3) state whether any previous driver's license issued to the applicant 11 has ever been suspended or revoked or whether an application for a driver's license has 12 ever been refused and, if so, the date of and reason for the suspension, revocation, or 13 refusal; 14 (4) contain the applicant's social security number; the requirement of 15 this paragraph only applies to an applicant who has been issued a social security 16 number; [AND] 17 (5) contain other information that the department may reasonably 18 require to determine the applicant's identity, competency, and eligibility; and 19 (6) require that the applicant indicate 20 (A) that the applicant understands the options for drivers' 21 licenses available at the time of issuance; and 22 (B) the type of driver's license that the applicant selects. 23 * Sec. 11. AS 28.15.101(a) is amended to read: 24 (a) Except as otherwise provided in this chapter, a driver's license expires on 25 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A 26 license may be renewed within one year of its expiration upon proper application, 27 payment of the required fee, and except when a license is renewed under (c) of this 28 section, successful completion of a test of the licensee's eyesight. 29 * Sec. 12. AS 28.15.101(d) is amended to read: 30 (d) Under regulations adopted by the department, the department may issue to 31 a person a driver's license with a duration of less than eight [FIVE] years if the person
01 is authorized to stay in the United States for less than eight [FIVE] years or the period 02 of authorized stay is indefinite. The department shall issue the license for the period of 03 the authorized stay. If the period of authorized stay is indefinite, the department shall 04 issue the license with a validity of up to eight years [ONE YEAR. THE 05 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE 06 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION 07 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD 08 OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE]. 09 * Sec. 13. AS 28.15.111(a) is amended to read: 10 (a) Upon successful completion of the application and all required 11 examinations, and upon payment of the required fee, the department shall issue to 12 every qualified applicant a driver's license indicating the type or general class of 13 vehicles that the licensee may drive. The license must (1) display a distinguishing 14 number assigned to the license; (2) display the licensee's full name, address, date of 15 birth, brief physical description, and [COLOR] photograph; (3) display either a 16 facsimile of the signature of the licensee or a space upon which the licensee must write 17 the licensee's usual signature with pen and ink; (4) display physical security features 18 designed to prevent tampering, counterfeiting, or duplication of the document for 19 fraudulent purposes [A HOLOGRAPHIC SYMBOL INTENDED TO PREVENT 20 ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a qualified applicant 21 who is under 21 years of age, the words "UNDER 21"; and (6) to the extent the 22 department is able, be designed to allow the electronic reading and electronic display 23 of the information described under (2) of this subsection and the electronic reading 24 and display and a physical display on the license that the person is restricted from 25 purchasing alcoholic beverages under AS 04.16.160. A license may not display the 26 licensee's social security number and is not valid until signed by the licensee. If 27 facilities are not available for the taking of the photograph required under this section, 28 the department shall endorse on the license, the words "valid without photograph." 29 * Sec. 14. AS 28.15.111 is amended by adding new subsections to read: 30 (d) The department shall provide a method, at the time that a driver's license is 31 issued, by which the owner of a license may voluntarily designate on the license that
01 the owner has a disability, including a cognitive, mental, neurological, or physical 02 disability, or a combination of those disabilities. The department shall create a discreet 03 symbol to place on the driver's license of a person requesting the designation. The 04 method must provide a means by which the owner may cancel the designation. The 05 department may not charge a fee solely for the designation. To receive the designation, 06 the person shall provide proof of the disability from a person licensed as a physician or 07 physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced 08 practice nurse under AS 08.68, or as a licensed psychologist under AS 08.86. The 09 department may charge a fee of $5 for replacement of a valid driver's license with a 10 new driver's license with a disability designation and may charge a fee of $5 for 11 replacement of a driver's license with a disability designation with a new driver's 12 license without a disability designation. 13 (e) The department may not engage in bulk sharing of facial images captured 14 as a result of an application for a driver's license with a database, other than a database 15 established by the state, regardless of whether the applicant applied for a driver's 16 license that is federally compliant or a driver's license that is not federally compliant. 17 The prohibition in this subsection does not apply to a commercial driver's license. 18 (f) A commercial driver's license must be federally compliant. 19 * Sec. 15. AS 28.15.271(b) is amended to read: 20 (b) In addition to the fees under (a) of this section, 21 (1) a person who renews a driver's license by mail shall pay a fee of 22 $1; 23 (2) a person who applies for a limited driver's license under 24 AS 28.15.201 shall pay a fee of $100; [AND] 25 (3) a person who applies for reinstatement of a driver's license under 26 AS 28.15.211 shall pay a fee of 27 (A) $100 if the person's driver's license has, within the 10 years 28 preceding the application, been suspended, revoked, or limited under the 29 provisions of this chapter, except as provided by (C) of this paragraph, only 30 once; 31 (B) $250 if the person's driver's license has, within the 10 years
01 preceding the application, been suspended, revoked, or limited under the 02 provisions of this chapter, except as provided by (D) of this paragraph, two or 03 more times; 04 (C) $200 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 only 06 once; or 07 (D) $500 if the person's driver's license has, within the 10 years 08 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 09 or more times; and 10 (4) a person who applies for a driver's license that is federally 11 compliant shall pay a fee of $20. 12 * Sec. 16. AS 28.90.990(a) is amended by adding a new paragraph to read: 13 (32) "driver's license that is federally compliant" means a driver's 14 license issued by the state that has been certified by the United States Department of 15 Homeland Security to be in compliance with the requirements of P.L. 109-13, 16 Division B (REAL ID Act of 2005). 17 * Sec. 17. AS 44.99.040(a)(2) is repealed. 18 * Sec. 18. AS 28.05.068(g) is repealed June 30, 2021. 19 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 22 Administration may adopt regulations necessary to implement the changes made by this Act. 23 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 24 effective date of the law implemented by the regulation. 25 * Sec. 20. Sections 17 and 19 of this Act take effect immediately under AS 01.10.070(c). 26 * Sec. 21. Sections 1, 3, 4, 8 - 13, 15, and 16 of this Act, AS 18.65.310(n) - (r), enacted by 27 sec. 5 of this Act, and AS 28.15.111(e) and (f), enacted by sec. 14 of this Act, take effect 28 January 1, 2019. 29