HB 379: "An Act relating to drivers' license photographs; and providing for an effective date."
00 HOUSE BILL NO. 379 01 "An Act relating to drivers' license photographs; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.111(e) is amended to read: 04 (e) The department may not engage in bulk sharing of facial images captured 05 as a result of an application for a driver's license with a database, other than a database 06 established by the state, regardless of whether the applicant applied for a driver's 07 license that is federally compliant or a driver's license that is not federally compliant. 08 The prohibition in this subsection does not apply to a commercial driver's license. If 09 the department engages in bulk sharing of facial images with a database under 10 this subsection, the department shall render the facial images unusable for facial 11 recognition purposes. 12 * Sec. 2. AS 28.15.111 is amended by adding a new subsection to read: 13 (g) The department shall, after a driver's license has been issued, destroy or 14 render unusable for facial recognition purposes any photograph captured as a result of 15 the application for the driver's license. The department shall, for a driver's license that
01 (1) is not federally compliant, capture an applicant's driver's license 02 photograph with a camera that produces a photograph in a format or with a resolution 03 that renders the image quality insufficient for facial recognition purposes; 04 (2) is federally compliant, 05 (A) inform an applicant that the applicant's driver's license 06 photograph will be captured with a camera that produces a photograph in a 07 format or with a resolution that produces an image quality that is sufficient for 08 facial recognition purposes; and 09 (B) obtain the applicant's consent to be photographed as 10 described in (A) of this paragraph. 11 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: EXISTING PHOTOGRAPHS. Any photographs the Department of 14 Administration has previously captured as a result of an application for a driver's license that 15 is not federally compliant and that are maintained in a database or for records purposes after 16 the driver's license has been issued shall be destroyed or rendered unusable for facial 17 recognition purposes by the Department of Administration within 90 days after the effective 18 date of secs. 1 - 3 of this Act. 19 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: REGULATIONS. The Department of Administration may adopt 22 regulations necessary to implement the changes made by this Act. The regulations take effect 23 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 24 implemented by the regulation. 25 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c).