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CSSB 34(FIN): "An Act 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                       CS FOR SENATE BILL NO. 34(FIN)                                                                    
01 "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to                                  
02 issuance of identification cards and drivers' 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. The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                                
07 LEGISLATIVE INTENT. It is the intent of the legislature that the state continue to                                      
08 work with the Alaska delegation in Congress to amend provisions of P.L. 109-13, Division B                              
09 (REAL ID Act of 2005) that compromise the rights of Alaskans to the privacy of their                                    
10 personal information, while protecting the nation's efforts to combat terrorism.                                        
11    * Sec. 2. AS 18.65.310(a) is amended to read:                                                                    
12 (a)  Upon payment of a $15 fee, the department shall issue a card identical to                                          
13 the motor vehicle operator's license provided for in AS 28.15.111, except that the card                                 
14 shall be of a different color and shall state in bold type letters across the face of it that                           
01       it is for identification purposes only. Upon request of a person and upon payment                             
02       of an additional $20 fee, the department may issue an identification card under                               
03       this section that is federally compliant.                                                                     
04    * Sec. 3. AS 18.65.310(b) is amended to read:                                                                      
05 (b)  A person may obtain an identification card provided for in (a) of this                                             
06 section by applying to the department on forms and in the manner prescribed by the                                      
07 department. The department shall include on the application for an identification                                   
08       card a requirement that the applicant indicate                                                                
09                 (1)  that the applicant understands the options for identification                                  
10       cards available at the time of issuance; and                                                                  
11                 (2)  the type of identification card that the applicant selects.                                    
12    * Sec. 4. 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. For identification cards that are federally compliant,                              
15       the department                                                                                                    
16 (1)  shall copy, scan, or retain only the minimum number of documents                                                   
17 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state                                    
18       or federal law, for issuance of an identification card that is federally compliant;                               
19 (2)  shall destroy, regularly and as close as practicable to 15 years after                                             
20 the date of application unless otherwise required by another applicable state or federal                                
21       law, any documents retained under (1) of this subsection; and                                                     
22 (3)  may not copy, scan, or retain in any form a document that is not                                                   
23       required to be retained under (1) of this subsection.                                                             
24 (n)  The department shall continue to issue identification cards that are not                                           
25 federally compliant. Nothing in this section or regulations adopted under this section                                  
26 requires a person to be issued an identification card that is federally compliant. An                                   
27 applicant must clearly request an identification card that is federally compliant to                                    
28 obtain one. The state or a municipal government may not require a person to possess                                     
29 or use an identification card that is federally compliant unless the person is a state or                               
30 municipal employee and the duties of the person's job require the use of an                                             
31 identification card that is federally compliant. The state or a municipal government                                    
01       shall otherwise treat an identification card that is not federally compliant the same as                          
02       an identification card that is federally compliant. For an identification card that is not                        
03       federally compliant, the department                                                                               
04                 (1)  shall retain an image of the face on the identification card for not                               
05       more than 15 years after the date of application; if an applicant does not receive an                             
06       identification card, the department may not retain an image of the applicant's face;                              
07                 (2)  shall scan and retain only the minimum documents necessary for                                     
08       issuance of the identification card; the department shall destroy any documents                                   
09       retained one year after the identification card expires.                                                          
10 (o)  An identification card expires on the person's birthday in the eighth year                                         
11 following issuance of the identification card. An identification card may be renewed                                    
12 within one year of its expiration upon proper application and payment of the required                                   
13 fee. An identification card may be renewed by mail or on the department's Internet                                      
14 website, except that an identification card may not be renewed by mail or on the                                        
15 department's Internet website if the most recent renewal of the applicant's                                             
16 identification card was by mail or on the department's Internet website. Under                                          
17 regulations adopted by the department, the department may issue to a person an                                          
18 identification card with a duration of less than eight years if the person is authorized to                             
19 stay in the United States for less than eight years or if the period of authorized stay is                              
20 indefinite. The department shall issue the identification card for the period of the                                    
21 authorized stay. If the period of authorized stay is indefinite, the department shall issue                             
22       the identification card with a validity of up to eight years.                                                     
23 (p)  The department shall provide public information about the differences                                              
24 between identification cards and identification cards that are federally compliant. The                                 
25 department shall also provide the information to applicants for new and renewal                                         
26 identification cards at the time of application. At a minimum, the information must                                     
27       include a description of                                                                                          
28                 (1)  each type of identification card;                                                                  
29 (2)  the storage and sharing process for an applicant's information for                                                 
30       an identification card and an identification card that is federally compliant; and                                
31 (3)  the official purpose and limitations on the use of each type of                                                    
01       identification card, including a description of the purposes for which an identification                          
02       card that is federally compliant may be required and a description of alternatives to                             
03       using an identification card that is federally compliant to serve those purposes.                                 
04 (q)  In this section, "identification card that is federally compliant" means an                                        
05 identification card issued by the state that has been certified by the United States                                    
06 Department of Homeland Security to be in compliance with the requirements of P.L.                                       
07       109-13, Division B (REAL ID Act of 2005).                                                                         
08    * Sec. 5. AS 28.05 is amended by adding a new section to read:                                                     
09            Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys,                                
10 distributes, or communicates data to be used in a database, index, pointer system, or                                   
11 any other system managed by an entity other than the department, including the                                          
12 American Association of Motor Vehicle Administrators, to comply with the                                                
13 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may                                       
14 not convey, distribute, or communicate to that entity any data not required to be                                       
15 conveyed, distributed, or communicated for the state to be certified by the United                                      
16 States Department of Homeland Security to be in compliance with the requirements of                                     
17       P.L. 109-13, Division B (REAL ID Act of 2005).                                                                    
18 (b)  The department shall take all steps available to obtain from the entity an                                         
19 agreement that the state need not convey, distribute, or communicate social security                                    
20 numbers, in whole or in part, to participate in the database, index, pointer system, or                                 
21       other system.                                                                                                     
22 (c)  The department shall take all steps available to work with other states, the                                       
23 United States Department of Homeland Security, and any multistate entities in which                                     
24 the state participates to secure a means of compliance with P.L. 109-13, Division B                                     
25 (REAL ID Act of 2005), including through an interstate compact, that does not                                           
26 involve the storage or sharing of social security numbers, in whole or in part, with an                                 
27       interstate database, index, pointer system, or other system.                                                      
28 (d)  If the department has complied with (b) and (c) of this section and has                                            
29 been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID                                       
30 Act of 2005) that does not involve the storage or sharing of social security numbers, in                                
31 whole or in part, the department shall take all steps necessary to minimize the number                                  
01       of digits of a social security number required to be stored or shared.                                            
02 (e)  The department may share only the least number of digits of a person's                                             
03 social security number necessary to comply with federal law that requires the                                           
04 department to determine whether a person has been issued a driver's license in another                                  
05       state.                                                                                                            
06 (f)  The department shall submit an annual report on the results of the efforts                                         
07 required under (b) - (e) of this section to the senate secretary and chief clerk of the                                 
08 house of representatives on or before January 31 of each year and notify the legislature                                
09       that the report is available.                                                                                     
10    * Sec. 6. AS 28.15.041 is amended by adding new subsections to read:                                               
11 (d)  The commissioner shall adopt regulations for the issuance of drivers'                                              
12 licenses that are federally compliant. For drivers' licenses that are federally compliant,                              
13       the department                                                                                                    
14 (1)  shall copy, scan, or retain only the minimum number of documents                                                   
15 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state                                    
16       or federal law, for issuance of a driver's license that is federally compliant;                                   
17 (2)  shall destroy, regularly and as close as practicable to 15 years after                                             
18 the date of application unless otherwise required by another applicable state or federal                                
19       law, any documents retained under (1) of this subsection; and                                                     
20 (3)  may not copy, scan, or retain in any form a document that is not                                                   
21       required to be retained under (1) of this subsection.                                                             
22 (e)  The department shall continue to issue drivers' licenses that are not                                              
23 federally compliant. Nothing in this section or regulations adopted under this section                                  
24 requires a driver to be issued a driver's license that is federally compliant. An                                       
25 applicant must clearly request a driver's license that is federally compliant to obtain                                 
26 one. The state or a municipal government may not require a person to possess or use a                                   
27 driver's license that is federally compliant unless the person is a state or municipal                                  
28 employee and the duties of the person's job require the use of a driver's license that is                               
29 federally compliant. The state or a municipal government shall otherwise treat a                                        
30 driver's license that is not federally compliant the same as a driver's license that is                                 
31 federally compliant. For a driver's license that is not federally compliant, the                                        
01       department                                                                                                        
02                 (1)  shall retain an image of the face on the license for not more than 15                              
03       years after the date of application; if an applicant does not receive a driver's license,                         
04       the department may not retain an image of the applicant's face;                                                   
05                 (2)  shall scan and retain only the minimum documents necessary for                                     
06       issuance of the driver's license; the department shall destroy any documents retained                             
07       one year after the driver's license expires.                                                                      
08            (f)  The department shall provide public information about the differences                                   
09       between drivers' licenses and drivers' licenses that are federally compliant. The                                 
10 department shall also provide the information to applicants for new and renewal                                         
11 drivers' licenses at the time of application. At a minimum, the information must                                        
12       include a description of                                                                                          
13                 (1)  each type of driver's license;                                                                     
14 (2)  the storage and sharing process for an applicant's information for a                                               
15       driver's license and a driver's license that is federally compliant; and                                          
16 (3)  the official purpose and limitations on use of each type of driver's                                               
17 license, including a description of the purposes for which a driver's license that is                                   
18 federally compliant may be required and a description of alternatives to using a                                        
19       driver's license that is federally compliant to serve those purposes.                                             
20    * Sec. 7. AS 28.15.061(b) is amended to read:                                                                      
21            (b)  An application under (a) of this section must                                                           
22 (1)  contain the applicant's full legal name, date and place of birth, sex,                                             
23       and mailing and residence addresses;                                                                              
24 (2)  state whether the applicant has been previously licensed in the past                                               
25       10 years as a driver and, if so, when and by what jurisdiction;                                                   
26 (3)  state whether any previous driver's license issued to the applicant                                                
27 has ever been suspended or revoked or whether an application for a driver's license has                                 
28 ever been refused and, if so, the date of and reason for the suspension, revocation, or                                 
29       refusal;                                                                                                          
30 (4)  contain the applicant's social security number; the requirement of                                                 
31 this paragraph only applies to an applicant who has been issued a social security                                       
01       number; [AND]                                                                                                     
02                 (5)  contain other information that the department may reasonably                                       
03       require to determine the applicant's identity, competency, and eligibility; and                               
04                 (6)  require that the applicant indicate                                                            
05                      (A)  that the applicant understands the options for drivers'                                   
06            licenses available at the time of issuance; and                                                          
07                      (B)  the type of driver's license that the applicant selects.                                  
08    * Sec. 8. 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. 9. 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 with a duration of less than eight [FIVE] years if the person                           
17 is authorized to stay in the United States for less than eight [FIVE] years or the period                           
18 of authorized stay is indefinite. The department shall issue the license for the period of                              
19 the authorized stay. If the period of authorized stay is indefinite, the department shall                               
20 issue the license with a validity of up to eight years [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. 10. 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. 11. AS 28.15.111 is amended by adding new subsections to read:                                              
16 (d)  The department may not engage in bulk sharing of facial images captured                                            
17 as a result of an application for a driver's license with a database, other than a database                             
18 established by the state, regardless of whether the applicant applied for a driver's                                    
19 license that is federally compliant or a driver's license that is not federally compliant.                              
20       The prohibition in this subsection does not apply to a commercial driver's license.                               
21            (e)  A commercial driver's license must be federally compliant.                                              
22    * Sec. 12. AS 28.15.271(b) is amended to read:                                                                     
23            (b)  In addition to the fees under (a) of this section,                                                      
24 (1)  a person who renews a driver's license by mail shall pay a fee of                                                  
25       $1;                                                                                                               
26 (2)  a person who applies for a limited driver's license under                                                          
27       AS 28.15.201 shall pay a fee of $100; and                                                                         
28 (3)  a person who applies for reinstatement of a driver's license under                                                 
29       AS 28.15.211 shall pay a fee of                                                                                   
30 (A)  $100 if the person's driver's license has, within the 10 years                                                     
31 preceding the application, been suspended, revoked, or limited under the                                                
01            provisions of this chapter, except as provided by (C) of this paragraph, only                                
02            once;                                                                                                        
03 (B)  $250 if the person's driver's license has, within the 10 years                                                     
04 preceding the application, been suspended, revoked, or limited under the                                                
05 provisions of this chapter, except as provided by (D) of this paragraph, two or                                         
06            more times;                                                                                                  
07                      (C)  $200 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 only                                 
09            once; or                                                                                                     
10 (D)  $500 if the person's driver's license has, within the 10 years                                                     
11 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two                                             
12            or more times;                                                                                           
13 (4)  a person who applies for a driver's license that is federally                                                  
14       compliant shall pay a fee of $20.                                                                             
15    * Sec. 13. AS 28.90.990(a) is amended by adding a new paragraph to read:                                           
16 (32)  "driver's license that is federally compliant" means a driver's                                                   
17 license issued by the state that has been certified by the United States Department of                                  
18 Homeland Security to be in compliance with the requirements of P.L. 109-13,                                             
19       Division B (REAL ID Act of 2005).                                                                                 
20    * Sec. 14. AS 44.99.040(a)(2) is repealed.                                                                         
21    * Sec. 15. AS 28.05.068(f) is repealed June 30, 2021.                                                              
22    * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of                                                                 
25 Administration may adopt regulations necessary to implement the changes made by this Act.                               
26 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                           
27 effective date of the law implemented by the regulation.                                                                
28    * Sec. 17. Sections 14 and 16 of this Act take effect immediately under AS 01.10.070(c).                         
29    * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect January 1, 2019.