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).