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SB 34: "An Act relating to the implementation of the federal REAL ID Act of 2005; and relating to issuance of identification cards and driver's licenses; and providing for an effective date."

00                             SENATE BILL NO. 34                                                                          
01 "An Act relating to the implementation of the federal REAL ID Act of 2005; and                                          
02 relating to issuance of identification cards and driver's licenses; and providing for an                                
03 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)  The [UPON PAYMENT OF A $15 FEE, THE] department shall issue a                                                  
07 card identical to the motor vehicle operator's license provided for in AS 28.15.111,                                    
08 except that the card shall be of a different color and shall state in bold type letters                                 
09 across the face of it that it is for identification purposes only. The fee for a                                    
10       noncompliant identification card is $15 and the fee for a compliant identification                            
11       card is $20. In this subsection, "noncompliant identification card" and                                       
12       "compliant identifications card" have the meanings given in (n) of this section.                              
13    * Sec. 2. AS 18.65.310 is amended by adding new subsections to read:                                               
14            (m)  The commissioner shall adopt regulations for the issuance of                                            
01 identification cards that comply with P.L. 109-13 (REAL ID Act of 2005) and that                                        
02       meet the standards of 6 CFR Part 37, as amended.                                                                  
03 (n)  The department shall continue to issue noncompliant identification cards.                                          
04 Nothing in this section or regulations adopted under this section shall require a person                                
05 to be issued a compliant identification card. A person must clearly choose a compliant                                  
06 identification card. If the department cannot determine which type of identification                                    
07 card to issue a person, the department shall issue a noncompliant identification card.                                  
08 All state, borough, and city governments shall treat a noncompliant identification card                                 
09 the same as a compliant identification card. A noncompliant identification card must                                    
10       not cost more than a compliant identification card. In this subsection,                                           
11 (1)  "compliant identification card" means an identification card issued                                                
12 by the state that has been certified by the United States Department of Homeland                                        
13 Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL                                     
14       ID Act of 2005);                                                                                                  
15 (2)  "noncompliant identification card" means an identification card                                                    
16 issued by the state that is not certified by the United States Department of Homeland                                   
17 Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL                                     
18       ID Act of 2005).                                                                                                  
19    * Sec. 3. AS 28.15.041 is amended by adding new subsections to read:                                               
20 (b)  The commissioner shall adopt regulations for the issuance of driver's                                              
21 licenses that comply with P.L. 109-13, Division B (REAL ID Act of 2005) and that                                        
22       meet the standards of 6 CFR Part 37, as amended.                                                                  
23 (c)  The department shall continue to issue noncompliant driver's licenses.                                             
24 Nothing in this section or regulations adopted under this section shall require a driver                                
25 to be issued a compliant driver's license. A person must clearly choose a compliant                                     
26 driver's license. If the department cannot determine which type of license to issue a                                   
27 person, the department shall issue a noncompliant license. All state, borough, and city                                 
28 governments shall treat a noncompliant driver's license the same as a compliant                                         
29 driver's license. A noncompliant license must not cost more than a compliant license.                                   
30       In this subsection,                                                                                               
31 (1)  "compliant driver's license" means a driver's license issued by the                                                
01       state that has been certified by the United State Department of Homeland Security to                              
02       be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of                                 
03       2005);                                                                                                            
04 (2)  "noncompliant driver's license" means a driver's license issued by                                                 
05 the state that gives the holder the appropriate driving authority but is not certified by                               
06 the United States Department of Homeland Security to be in compliance with the                                          
07       requirements of P.L. 109-13, Division B (REAL ID Act of 2005).                                                    
08    * Sec. 4. AS 28.15.101(a) is amended to read:                                                                    
09            (a)  Except as otherwise provided in this chapter, a driver's license expires on                             
10 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A                             
11 license may be renewed within one year of its expiration upon proper application,                                       
12 payment of the required fee, and except when a license is renewed under (c) of this                                     
13       section, successful completion of a test of the licensee's eyesight.                                              
14    * Sec. 5. AS 28.15.101(d) is amended to read:                                                                  
15 (d)  Under regulations adopted by the department, the department may issue to                                           
16 a person a driver's license or state identification card with a duration of less than                               
17 eight [FIVE] years if the person is authorized to stay in the United States for less than                           
18 eight [FIVE] years or the period of authorized stay is indefinite. The department shall                             
19 issue the license for the period of the authorized stay. If the period of authorized stay                               
20 is indefinite, the department shall issue the license with a validity of one year. [THE                                 
21 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE                                                              
22 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION                                                           
23 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD                                                             
24       OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE.]                                                         
25    * Sec. 6. AS 28.15.111(a) is amended to read:                                                                      
26 (a)  Upon successful completion of the application and all required                                                     
27 examinations, and upon payment of the required fee, the department shall issue to                                       
28 every qualified applicant a driver's license indicating the type or general class of                                    
29 vehicles that the licensee may drive. The license must (1) display a distinguishing                                     
30 number assigned to the license; (2) display the licensee's full name, address, date of                                  
31 birth, brief physical description, and [COLOR] photograph; (3) display either a                                         
01 facsimile of the signature of the licensee or a space upon which the licensee must write                                
02 the licensee's usual signature with pen and ink; (4) physical security features                                     
03 designed to prevent tampering, counterfeiting, or duplication of the document for                                   
04 fraudulent purposes [DISPLAY A HOLOGRAPHIC SYMBOL INTENDED TO                                                       
05 PREVENT ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a                                                          
06 qualified applicant who is under 21 years of age, the words "UNDER 21"; and (6) to                                      
07 the extent the department is able, be designed to allow the electronic reading and                                      
08 electronic display of the information described under (2) of this subsection and the                                    
09 electronic reading and display and a physical display on the license that the person is                                 
10 restricted from purchasing alcoholic beverages under AS 04.16.160. A license may not                                    
11 display the licensee's social security number and is not valid until signed by the                                      
12 licensee. If facilities are not available for the taking of the photograph required under                               
13 this section, the department shall endorse on the license, the words "valid without                                     
14       photograph."                                                                                                      
15    * Sec. 7. AS 28.15.271(b) is amended to read:                                                                      
16            (b)  In addition to the fees under (a) of this section,                                                      
17 (1)  a person who renews a driver's license by mail shall pay a fee of                                                  
18       $1;                                                                                                               
19 (2)  a person who applies for a limited driver's license under                                                          
20       AS 28.15.201 shall pay a fee of $100; and                                                                         
21 (3)  a person who applies for reinstatement of a driver's license under                                                 
22       AS 28.15.211 shall pay a fee of                                                                                   
23 (A)  $100 if the person's driver's license has, within the 10 years                                                     
24 preceding the application, been suspended, revoked, or limited under the                                                
25 provisions of this chapter, except as provided by (C) of this paragraph, only                                           
26            once;                                                                                                        
27 (B)  $250 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 (D) of this paragraph, two or                                         
30            more times;                                                                                                  
31 (C)  $200 if the person's driver's license has, within the 10 years                                                     
01            preceding the application, been revoked under AS 28.35.030 or 28.35.032 only                                 
02            once; or                                                                                                     
03                      (D)  $500 if the person's driver's license has, within the 10 years                                
04            preceding the application, been revoked under AS 28.35.030 or 28.35.032 two                                  
05            or more times;                                                                                           
06                 (4)  a person who applies for a compliant driver's license shall pay                                
07       a fee of $5; in this paragraph "compliant driver's license" has the meaning given                             
08       in AS 28.15.041(c).                                                                                           
09    * Sec. 8. AS 44.99.040(a)(2) is repealed.                                                                        
10    * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).