00 HOUSE BILL NO. 255 01 "An Act relating to enhanced identification cards and enhanced drivers' licenses; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 18.65 is amended by adding a new section to read: 05 Sec. 18.65.325. Enhanced identification cards; agreement with federal  06 government for issuance authorized. (a) The department may enter into a 07 memorandum of understanding with a federal agency for the purpose of obtaining 08 approval of an enhanced identification card as proof of identity and citizenship for 09 persons entering the United States at land and sea ports of entry. 10 (b) If the department obtains the approval of a federal agency as provided in 11 (a) of this section, the department may issue an enhanced identification card to an 12 applicant who provides to the department in a manner prescribed by the department 13 (1) a completed application with the information required for an 14 identification card under AS 18.65.310 and any additional information required by the 01 federal agency in the agreement entered into under (a) of this section; 02 (2) documentation demonstrating the applicant's United States 03 citizenship; 04 (3) the applicant's signed certification that the information presented 05 by the applicant is true and correct to the best of the applicant's knowledge; 06 (4) the fee required for an identification card under AS 18.65.310, plus 07 $25. 08 (c) An applicant who applies for an enhanced identification card shall have the 09 applicant's facial image and signature captured or reproduced by the department at the 10 time of application. The applicant's facial image or signature may be made available 11 by the state and used as follows: 12 (1) by a federal, state, or local government agency for any law 13 enforcement purpose authorized by law; 14 (2) by another state, to the extent required by federal law; 15 (3) by the department for any purpose specifically authorized by law; 16 (4) for any other purpose as determined by the department, if the 17 applicant provides written authorization for the release of the applicant's own facial 18 image or signature; and 19 (5) as otherwise required by law. 20 (d) The enhanced identification card may include radio frequency 21 identification technology that is limited to a randomly assigned number that shall be 22 encrypted if agreed to by the United States Department of Homeland Security and that 23 does not include biometric data. The department shall ensure that the radio frequency 24 identification technology is secure from unauthorized data access and includes 25 reasonable security measures to protect against unauthorized disclosure of personal 26 information contained in the enhanced identification card. 27 (e) An applicant shall be required to sign a declaration acknowledging the 28 applicant's understanding of the radio frequency identification technology before 29 being issued an enhanced identification card. 30 (f) The department may include other conditions and requirements for the 31 issuance and expiration of an enhanced identification card if those conditions and 01 requirements are required by the federal agency in the memorandum of understanding. 02 (g) The requirements of this section are in addition to the requirements 03 otherwise imposed on an individual who applies for an identification card. An 04 enhanced identification card issued under this section is not a separate form of 05 identification card but merely an alternate form of the appropriate identification card 06 that is issued to the applicant. All provisions of this chapter relating to identification 07 cards apply to enhanced identification cards. 08 (h) Application for an enhanced identification card is voluntary. 09 (i) The department shall adopt regulations to implement this section. 10 * Sec. 2. AS 28.15 is amended by adding a new section to read: 11 Sec. 28.15.043. Enhanced drivers' licenses; agreement with federal  12 government for issuance authorized. (a) The commissioner may enter into a 13 memorandum of understanding with a federal agency for the purpose of obtaining 14 approval of an enhanced driver's license as proof of identity and citizenship for 15 persons entering the United States at land and sea ports of entry. 16 (b) If the commissioner obtains the approval of a federal agency as provided 17 in (a) of this section, the commissioner may issue an enhanced driver's license to an 18 applicant who provides to the commissioner in a manner prescribed by the 19 commissioner 20 (1) a completed application with the information required for the 21 issuance of a driver's license under this chapter and any additional information 22 required by the federal agency in the agreement entered into under (a) of this section; 23 (2) documentation demonstrating the applicant's United States 24 citizenship; 25 (3) the applicant's signed certification that the information presented 26 by the applicant is true and correct to the best of the applicant's knowledge; 27 (4) the fee required for a driver's license under AS 28.15.271, plus $25. 28 (c) An applicant who applies for an enhanced driver's license shall have the 29 applicant's facial image and signature captured or reproduced by the commissioner at 30 the time of application. The applicant's facial image or signature may be made 31 available by the state and used as follows: 01 (1) by a federal, state, or local government agency for any law 02 enforcement purpose authorized by law; 03 (2) by another state, to the extent required by federal law; 04 (3) by the commissioner for any purpose specifically authorized by 05 law; 06 (4) for any other purpose as determined by the commissioner, if an 07 applicant provides authorization for the release of the applicant's own facial image or 08 signature; and 09 (5) as otherwise required by law. 10 (d) The enhanced driver's license may include radio frequency identification 11 technology that is limited to a randomly assigned number that shall be encrypted if 12 agreed to by the United States Department of Homeland Security and that does not 13 include biometric data. The commissioner shall ensure that the radio frequency 14 identification technology is secure from unauthorized data access and includes 15 reasonable security measures to protect against unauthorized disclosure of personal 16 information contained in the enhanced driver's license. 17 (e) An applicant shall be required to sign a declaration acknowledging the 18 applicant's understanding of the radio frequency identification technology before 19 being issued an enhanced driver's license. 20 (f) The commissioner may include other conditions and requirements for the 21 issuance and expiration of an enhanced driver's license if those conditions and 22 requirements are required by the federal agency in the memorandum of understanding. 23 (g) The requirements of this section are in addition to the requirements 24 otherwise imposed on an individual who applies for a driver's license. An enhanced 25 driver's license issued under this section is not a separate form of driver's license but 26 merely an alternate form of the appropriate driver's license that is issued to the 27 applicant. All provisions of this title relating to drivers' licenses apply to enhanced 28 drivers' licenses. 29 (h) Application for an enhanced driver's license is voluntary. 30 (i) The commissioner shall adopt regulations to implement this section. 31 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).