00                       CS FOR SENATE BILL NO. 189(STA)                                                                   
01 "An Act relating to issuance of identification cards and to issuance of driver's licenses;                              
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 18.65.310 is amended by adding new subsections to read:                                            
05            (h)  The department may not issue an identification card under (a) of this                                   
06       section to a person who has not presented to the department valid documentary                                     
07       evidence that the person is a citizen of the United States, a national of the United                              
08       States, a legal permanent resident of the United States, or a conditional resident alien                          
09       of the United States.                                                                                             
10            (i)  Notwithstanding (h) of this section, the department may issue an                                        
11       identification card to a person who presents in person valid, documentary evidence of                             
12       the person's legal status and presence in the United States. The identification card                              
13       authorized under this subsection is valid only during the period of the time of the                               
14       person's authorized stay in the United States and must clearly indicate that expiration                           
01       date. If the period of authorized stay is indefinite, the expiration date for the                                 
02       identification card is one year from the date of issue. The identification card                                   
03       authorized under this subsection may be renewed only upon presentation of valid,                                  
04       documentary evidence that the status by which the person qualified for the temporary                              
05       identification card has been extended by the proper United States government                                      
06       authority. The department may by regulation specify what is valid, documentary                                    
07       evidence under this subsection except that the department may not specify that a                                  
08       matricula consular card is valid, documentary evidence.                                                           
09    * Sec. 2. AS 28.15.031(b) is amended to read:                                                                      
10            (b)  The department may not issue an original or duplicate driver's license to,                              
11       nor renew or reinstate the driver's license of, a person                                                          
12                 (1)  whose license is suspended, [OR] revoked, or cancelled, or who is                          
13       disqualified from obtaining a license, except as otherwise provided in this chapter;                          
14                 (2)  who fails to appear in court for the adjudication of a certain                                     
15       vehicle, driver, or traffic offense when the person's appearance is required by statute,                          
16       regulation, or court rule;                                                                                        
17                 (3)  who is an habitual user of alcohol or another drug to such a degree                                
18       that the person is incapable of safely driving a motor vehicle;                                                   
19                 (4)  [REPEALED                                                                                          
20                 (5)]  when the department, based upon medical evidence, has                                             
21       determined that, because of the person's physical or mental disability, the person is not                 
22       able to drive a motor vehicle safely;                                                                             
23                 (5) [(6)]  who is unable to understand official traffic control devices as                          
24       displayed in this state or who does not have a fair knowledge of traffic laws and                                 
25       regulations, as demonstrated by an examination;                                                                   
26                 (6) [(7)]  who has knowingly made a false statement in the person's                                 
27       application for a license or has committed fraud in connection with the person's                                  
28       application for, or in obtaining or attempting to obtain, a license, or who has not                               
29       applied under oath on the form provided for the purpose of obtaining or attempting to                             
30       obtain a license or permit;                                                                                       
31                 (7)  [OR (8)] who is required under AS 28.20 to furnish proof of                                    
01       financial responsibility and who has not done so; or                                                          
02                 (8)  who has not presented to the department                                                        
03                      (A)  valid documentary evidence that the person is a citizen                                   
04            of the United States, a national of the United States, a legal permanent                                 
05            resident of the United States, or a conditional resident alien of the United                             
06            States; a person who is seeking a renewal of, duplicate of, or change of                                 
07            legal name on a license is presumed to meet the requirements of this                                     
08            subparagraph if the license has not expired or been cancelled, suspended,                                
09            or revoked and the person has not been disqualified from obtaining a                                     
10            license; if the department has been notified by a local, state, or federal                               
11            government agency that the person seeking a renewal of, duplicate of, or                                 
12            change of legal name on a license is not a citizen of the United States or is                            
13            not legally in the United States, then the presumption available in this                                 
14            paragraph does not apply; the department may by regulation specify what                                  
15            is valid, documentary evidence under this subparagraph except that the                                   
16            department may not specify that a matricula consular card is valid,                                      
17            documentary evidence; or                                                                                 
18                      (B)  in person valid, documentary evidence of the person's                                     
19            legal status and presence in the United States; a license issued under this                              
20            subparagraph may be renewed only upon presentation of valid,                                             
21            documentary evidence that the status by which the person qualified for                                   
22            the license has been extended by the proper United States government                                     
23            authority; a change of name for a license issued under this subparagraph                                 
24            may be made only upon presentation of valid, documentary evidence that                                   
25            the person's name has been changed with regard to the status by which                                    
26            the person qualified for the license; a duplicate license for a license issued                           
27            under this subparagraph may be issued only upon presentation of valid,                                   
28            documentary evidence that the person's status by which the person                                        
29            qualified for the license remains valid and in effect; the department may                                
30            by regulation specify what is valid, documentary evidence under this                                     
31            subsection except that the department may not specify that a matricula                                   
01            consular card is valid, documentary evidence.                                                            
02    * Sec. 3. AS 28.15.101(a) is amended to read:                                                                      
03            (a)  Except as otherwise provided in this chapter and in (d) of this section, a                          
04       driver's license expires on the licensee's birthday in the fifth year following issuance of                       
05       the license. A license may be renewed within one year of its expiration upon proper                               
06       application, payment of the required fee, and except when a license is renewed under                              
07       (c) of this section, successful completion of a test of the licensee's eyesight.                                  
08    * Sec. 4. AS 28.15.101 is amended by adding a new subsection to read:                                              
09            (d)  A driver's license issued under AS 28.15.031(b)(8)(B) is valid only during                              
10       the period of the time the person is authorized to stay in the United States and must                             
11       clearly indicate the expiration date. If the period of authorized stay is indefinite, the                         
12       expiration date of the license is one year from the date of issue.                                                
13    * Sec. 5. This Act takes effect January 1, 2007.