00                   CS FOR HOUSE BILL NO. 3(FIN)(efd am)(fld H)                                                           
01 "An Act relating to issuance of identification cards and to issuance of driver's licenses;                              
02 relating to regulations concerning identification cards and driver's licenses; and                                      
03 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. Except as provided in (g) and (l) of this                             
10       section, an identification card expires on the person's birthday in the fifth year                            
11       following issuance of the card.                                                                               
12    * Sec. 2. AS 18.65.310(g) is amended to read:                                                                      
13            (g)  If the person applying for the identification card provided for in (a) of this                          
14       section is 60 years of age or older, charge may not be made for issuance of the card.                             
01       Except as provided in (l) of this section, an identification card issued to a person                          
02       who is 60 years of age or older expires on the person's birthday in the 10th year                             
03       following issuance of the card.                                                                               
04    * Sec. 3. AS 18.65.310 is amended by adding new subsections to read:                                               
05            (k)  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            (l)  Notwithstanding (k) of this section, the department may issue an                                        
11       identification card to a person who presents in person valid documentary evidence of                              
12       (1) a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the                           
13       United States, (2) a pending or approved application for asylum in the United States,                             
14       (3) entry into the United States in refugee status, (4) a pending or approved application                         
15       for temporary protected status in the United States, (5) approved deferred action                                 
16       status, or (6) a pending application for adjustment of status to legal permanent                                  
17       residence status or conditional resident status. The identification card authorized under                         
18       this subsection is valid only during the period of the time of the person's authorized                            
19       stay in the United States and must clearly indicate that expiration date. If the period of                        
20       authorized stay is indefinite, the expiration date for the identification card is one year                        
21       from the date of issue. The identification card authorized under this subsection may be                           
22       renewed only on presentation of valid documentary evidence that the status by which                               
23       the person qualified for the temporary identification card has been extended by the                               
24       proper United States government authority. The department may by regulation specify                               
25       what is valid documentary evidence under this subsection except that the department                               
26       may not specify that a matricula consular card is valid documentary evidence.                                     
27            (m)  The commissioner of administration may not adopt a regulation related to                                
28       identification cards solely to bring the state into compliance with the requirements of                           
29       the federal REAL ID Act of 2005 (P.L. 109-13, Division B).                                                        
30    * Sec. 4. AS 28.05.011 is amended by adding a new subsection to read:                                              
31            (c)  The commissioner of administration may not adopt a regulation related to                                
01       driver's licenses solely to bring the state into compliance with the requirements of the                          
02       federal REAL ID Act of 2005 (P.L. 109-13, Division B).                                                          
03    * Sec. 5. AS 28.15.031(b) is amended to read:                                                                      
04            (b)  The department may not issue an original or duplicate driver's license to,                              
05       nor renew or reinstate the driver's license of, a person                                                          
06                 (1)  whose license is suspended, revoked, canceled, or withdrawn, or                                
07       who is disqualified from obtaining a license, in this or any other jurisdiction except                        
08       as otherwise provided in this chapter;                                                                            
09                 (2)  who fails to appear in court for the adjudication of a certain                                     
10       vehicle, driver, or traffic offense when the person's appearance is required by statute,                          
11       regulation, or court rule;                                                                                        
12                 (3)  who is an habitual user of alcohol or another drug to such a degree                                
13       that the person is incapable of safely driving a motor vehicle;                                                   
14                 (4)  when the department, based upon medical evidence, has                                              
15       determined that, because of the person's physical or mental disability, the person is not                 
16       able to drive a motor vehicle safely;                                                                             
17                 (5)  who is unable to understand official traffic control devices as                                    
18       displayed in this state or who does not have a fair knowledge of traffic laws and                                 
19       regulations, as demonstrated by an examination;                                                                   
20                 (6)  who has knowingly made a false statement in the person's                                           
21       application for a license or has committed fraud in connection with the person's                                  
22       application for, or in obtaining or attempting to obtain, a license, or who has not                               
23       applied under oath on the form provided for the purpose of obtaining or attempting to                             
24       obtain a license or permit; [OR]                                                                                  
25                 (7)  who is required under AS 28.20 to furnish proof of financial                                       
26       responsibility and who has not done so; or                                                                    
27                 (8)  who has not presented to the department                                                        
28                      (A)  valid documentary evidence that the person is a citizen                                   
29            of the United States, a national of the United States, a legal permanent                                 
30            resident of the United States, or a conditional resident alien of the United                             
31            States; a person who is seeking a renewal of, duplicate of, or change of                                 
01            legal name on a license is presumed to meet the requirements of this                                     
02            subparagraph if the license has not been expired for more than 90 days or                                
03            been cancelled, suspended, or revoked and the person has not been                                        
04            disqualified from obtaining a license; if the department has been notified                               
05            by a local, state, or federal government agency that the person seeking a                                
06            renewal of, duplicate of, or change of legal name on a license is not a                                  
07            citizen of the United States or is not legally in the United States, then the                            
08            presumption available in this subparagraph does not apply; the                                           
09            department may by regulation specify what is valid documentary evidence                                  
10            under this subparagraph except that the department may not specify that                                  
11            a matricula consular card is valid documentary evidence; or                                              
12                      (B)  in person, valid documentary evidence of (i) a valid,                                     
13            unexpired nonimmigrant visa or nonimmigrant visa status for entry into                                   
14            the United States, (ii) a pending or approved application for asylum in the                              
15            United States, (iii) entry into the United States in refugee status, (iv) a                              
16            pending or approved application for temporary protected status in the                                    
17            United States, (v) approved deferred action status, or (vi) a pending                                    
18            application for adjustment of status to legal permanent residence status or                              
19            conditional resident status; a license issued under this subparagraph may                                
20            be renewed only on presentation of valid documentary evidence that the                                   
21            status by which the person qualified for the license has been extended by                                
22            the proper United States government authority; a change of name for a                                    
23            license issued under this subparagraph may be made only on presentation                                  
24            of valid documentary evidence that the person's name has been changed                                    
25            with regard to the status by which the person qualified for the license; a                               
26            duplicate license for a license issued under this subparagraph may be                                    
27            issued only on presentation of valid documentary evidence that the                                       
28            person's status by which the person qualified for the license remains valid                              
29            and in effect; the department may by regulation specify what is valid                                    
30            documentary evidence under this subsection, except that the department                                   
31            may not specify that a matricula consular card is valid documentary                                      
01            evidence.                                                                                                
02    * Sec. 6. 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. 7. 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. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15       NO COOPERATION WITH FEDERAL REAL ID ACT. This Act may not be                                                      
16 construed as support for, or cooperation with, the Federal REAL ID Act of 2005 (P.L. 109-13,                            
17 Division B).                                                                                                          
18    * Sec. 9. This Act takes effect January 1, 2011.