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CSSB 34(STA): "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to issuance of identification cards and driver's licenses; relating to data sharing by the Department of Administration; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 34(STA)                                                                    
01 "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to                                  
02 issuance of identification cards and driver's licenses; relating to data sharing by the                                 
03 Department of Administration; and 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. Upon request of a person and upon payment                                   
10       of an additional $15 fee, the department may issue an identification card under                               
11       this section that is federally compliant.                                                                     
12    * Sec. 2. AS 18.65.310 is amended by adding new subsections to read:                                               
13            (m)  The department shall adopt regulations for the issuance of identification                               
14       cards that are federally compliant.                                                                               
01 (n)  Nothing in this section or regulations adopted under this section requires a                                       
02 person to be issued an identification card that is federally compliant. A person must                                   
03 clearly request an identification card that is federally compliant. The state or a                                      
04 municipal government may not require a person to possess or use an identification                                       
05       card that is federally compliant.                                                                                 
06 (o)  Under regulations adopted by the department, the department may issue to                                           
07 a person an identification card with a duration of less than eight years if the person is                               
08 authorized to stay in the United States for less than eight years or if the period of                                   
09 authorized stay is indefinite. The department shall issue the identification card for the                               
10 period of the authorized stay. If the period of authorized stay is indefinite, the                                      
11       department shall issue the identification card with a validity of one year.                                       
12 (p)  An identification card that is not federally compliant must be processed                                           
13       and created in this state.                                                                                        
14 (q)  In this section, "federally compliant" means certified by the United States                                        
15 Department of Homeland Security to be in compliance with the requirements of P.L.                                       
16 109-13, Division B (REAL ID Act of 2005), and meeting the standards of 6 C.F.R.                                         
17       Part 37, as amended.                                                                                              
18    * Sec. 3. AS 28.05 is amended by adding a new section to read:                                                     
19 Sec. 28.05.068. Prohibition on data sharing. The department may not convey                                            
20 or distribute to or communicate with an entity or individual that is not a state agency                                 
21 or employee, or permit the conveyance or distribution to or communication with an                                       
22 entity or individual that is not a state agency or employee, any data beyond the data                                   
23 necessary for the department to administer driver's licensing under AS 28.15 or the                                     
24       data authorized under AS 28.10.505.                                                                               
25    * Sec. 4. AS 28.15.041 is amended by adding new subsections to read:                                               
26 (d)  The commissioner shall adopt regulations for the issuance of driver's                                              
27       licenses that are federally compliant.                                                                            
28 (e)  Nothing in this section or regulations adopted under this section requires a                                       
29 driver to be issued a driver's license that is federally compliant. A person must clearly                               
30 request a driver's license that is federally compliant. The state or a municipal                                        
31 government may not require a person to possess or use a driver's license that is                                        
01       federally compliant.                                                                                              
02    * Sec. 5. AS 28.15.061(b) is amended to read:                                                                      
03            (b)  An application under (a) of this section must                                                           
04                 (1)  contain the applicant's full legal name, date and place of birth, sex,                             
05       and mailing and residence addresses;                                                                              
06                 (2)  state whether the applicant has been previously licensed in the past                               
07       10 years as a driver and, if so, when and by what jurisdiction;                                                   
08                 (3)  state whether any previous driver's license issued to the applicant                                
09       has ever been suspended or revoked or whether an application for a driver's license has                           
10 ever been refused and, if so, the date of and reason for the suspension, revocation, or                                 
11       refusal;                                                                                                          
12 (4)  contain the applicant's social security number; the requirement of                                                 
13 this paragraph only applies to an applicant who has been issued a social security                                       
14       number; [AND]                                                                                                     
15 (5)  contain other information that the department may reasonably                                                       
16       require to determine the applicant's identity, competency, and eligibility; and                               
17 (6)  provide separate notices to the applicant regarding how data                                                   
18 will be stored, where the driver's license will be printed, and other pertinent                                     
19 information regarding the application for a driver's license and a driver's license                                 
20       that is federally compliant.                                                                                  
21    * Sec. 6. AS 28.15.101(a) is amended to read:                                                                    
22 (a)  Except as otherwise provided in this chapter, a driver's license expires on                                        
23 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A                             
24 license may be renewed within one year of its expiration upon proper application,                                       
25 payment of the required fee, and except when a license is renewed under (c) of this                                     
26       section, successful completion of a test of the licensee's eyesight.                                              
27    * Sec. 7. AS 28.15.101(d) is amended to read:                                                                  
28 (d)  Under regulations adopted by the department, the department may issue to                                           
29 a person a driver's license with a duration of less than eight [FIVE] years if the person                           
30 is authorized to stay in the United States for less than eight [FIVE] years or the period                           
31 of authorized stay is indefinite. The department shall issue the license for the period of                              
01 the authorized stay. If the period of authorized stay is indefinite, the department shall                               
02 issue the license with a validity of one year. [THE DEPARTMENT SHALL                                                    
03 PROVIDE THAT A PERSON RECEIVING A LICENSE WITH A DURATION OF                                                            
04 LESS THAN FIVE YEARS UNDER THIS SUBSECTION MAY RENEW THE                                                                
05 LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD OF UP TO FIVE                                                             
06       YEARS AFTER FIRST ISSUANCE OF THE LICENSE.]                                                                     
07    * Sec. 8. AS 28.15.111(a) is amended to read:                                                                      
08 (a)  Upon successful completion of the application and all required                                                     
09 examinations, and upon payment of the required fee, the department shall issue to                                       
10 every qualified applicant a driver's license indicating the type or general class of                                    
11 vehicles that the licensee may drive. The license must (1) display a distinguishing                                     
12 number assigned to the license; (2) display the licensee's full name, address, date of                                  
13 birth, brief physical description, and [COLOR] photograph; (3) display either a                                         
14 facsimile of the signature of the licensee or a space upon which the licensee must write                                
15 the licensee's usual signature with pen and ink; (4) display physical security features                             
16 designed to prevent tampering, counterfeiting, or duplication of the document for                                   
17 fraudulent purposes [A HOLOGRAPHIC SYMBOL INTENDED TO PREVENT                                                       
18 ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a qualified applicant                                              
19 who is under 21 years of age, the words "UNDER 21"; and (6) to the extent the                                           
20 department is able, be designed to allow the electronic reading and electronic display                                  
21 of the information described under (2) of this subsection and the electronic reading                                    
22 and display and a physical display on the license that the person is restricted from                                    
23 purchasing alcoholic beverages under AS 04.16.160. Upon request of a person and                                     
24 upon payment of an additional fee, the department may issue a driver's license                                      
25 that is federally compliant. A license may not display the licensee's social security                               
26 number and is not valid until signed by the licensee. If facilities are not available for                               
27 the taking of the photograph required under this section, the department shall endorse                                  
28       on the license, the words "valid without photograph."                                                             
29    * Sec. 9. AS 28.15.111 is amended by adding new subsections to read:                                               
30 (d)  For a driver's license that is not federally compliant, the department may                                         
31       not, unless authorized by the person,                                                                             
01                 (1)  copy or retain any documents used to verify an applicant's identity,                               
02       including passports, birth certificates, or social security cards;                                                
03                 (2)  use image verification or facial recognition as part of the                                        
04       application process; or                                                                                           
05                 (3)  retain images of the applicant's face.                                                             
06            (e) A driver's license that is not federally compliant must be processed and                                 
07       created in this state.                                                                                            
08    * Sec. 10. AS 28.15.271(b) is amended to read:                                                                     
09            (b)  In addition to the fees under (a) of this section,                                                      
10 (1)  a person who renews a driver's license by mail shall pay a fee of                                                  
11       $1;                                                                                                               
12 (2)  a person who applies for a limited driver's license under                                                          
13       AS 28.15.201 shall pay a fee of $100; [AND]                                                                       
14 (3)  a person who applies for reinstatement of a driver's license under                                                 
15       AS 28.15.211 shall pay a fee of                                                                                   
16 (A)  $100 if the person's driver's license has, within the 10 years                                                     
17 preceding the application, been suspended, revoked, or limited under the                                                
18 provisions of this chapter, except as provided by (C) of this paragraph, only                                           
19            once;                                                                                                        
20 (B)  $250 if the person's driver's license has, within the 10 years                                                     
21 preceding the application, been suspended, revoked, or limited under the                                                
22 provisions of this chapter, except as provided by (D) of this paragraph, two or                                         
23            more times;                                                                                                  
24 (C)  $200 if the person's driver's license has, within the 10 years                                                     
25 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only                                            
26            once; or                                                                                                     
27 (D)  $500 if the person's driver's license has, within the 10 years                                                     
28 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two                                             
29            or more times; and                                                                                       
30 (4)  a person who requests a driver's license that is federally                                                     
31       compliant shall pay a fee of $20.                                                                             
01    * Sec. 11. AS 28.90.990(a) is amended by adding a new paragraph to read:                                           
02 (32)  "federally compliant" means certified by the United States                                                        
03 Department of Homeland Security to be in compliance with the requirements of P.L.                                       
04 109-13, Division B (REAL ID Act of 2005), and meeting the standards of 6 C.F.R.                                         
05       Part 37, as amended.                                                                                              
06    * Sec. 12. AS 44.99.040(a) is amended to read:                                                                     
07            (a)  A state or municipal agency may not use or authorize the use of an asset to                             
08       implement or aid in the implementation of a requirement of                                                        
09                 (1)  an order of the President of the United States, a federal regulation,                              
10       or a law enacted by the United States Congress that is applied to                                                 
11 (A)  infringe on a person's right, under the Second Amendment                                                           
12            to the Constitution of the United States, to keep and bear arms;                                             
13 (B)  deny a person a right to due process, or a protection of due                                                       
14 process, that would otherwise be available to the person under the Constitution                                         
15            of the State of Alaska or the Constitution of the United States; or                                          
16 (2)  P.L. 109-13, Division B (REAL ID Act of 2005), other than the                                                  
17 minimum assets necessary to satisfy the specific requirements of that Act for an                                    
18 agency to issue a driver's license or identification card that is acceptable to                                     
19       federal agencies for official purposes.                                                                       
20    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22 TRANSITION: REGULATIONS. The Department of Administration may adopt                                                     
23 regulations necessary to implement the changes made by this Act. The regulations take effect                            
24 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                             
25 implemented by the regulations.                                                                                         
26    * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).