SB 34: "An Act relating to the implementation of the federal REAL ID Act of 2005; and relating to issuance of identification cards and driver's licenses; and providing for an effective date."
00 SENATE BILL NO. 34 01 "An Act relating to the implementation of the federal REAL ID Act of 2005; and 02 relating to issuance of identification cards and driver's licenses; and providing for an 03 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) The [UPON PAYMENT OF A $15 FEE, THE] department shall issue a 07 card identical to the motor vehicle operator's license provided for in AS 28.15.111, 08 except that the card shall be of a different color and shall state in bold type letters 09 across the face of it that it is for identification purposes only. The fee for a 10 noncompliant identification card is $15 and the fee for a compliant identification 11 card is $20. In this subsection, "noncompliant identification card" and 12 "compliant identifications card" have the meanings given in (n) of this section. 13 * Sec. 2. AS 18.65.310 is amended by adding new subsections to read: 14 (m) The commissioner shall adopt regulations for the issuance of
01 identification cards that comply with P.L. 109-13 (REAL ID Act of 2005) and that 02 meet the standards of 6 CFR Part 37, as amended. 03 (n) The department shall continue to issue noncompliant identification cards. 04 Nothing in this section or regulations adopted under this section shall require a person 05 to be issued a compliant identification card. A person must clearly choose a compliant 06 identification card. If the department cannot determine which type of identification 07 card to issue a person, the department shall issue a noncompliant identification card. 08 All state, borough, and city governments shall treat a noncompliant identification card 09 the same as a compliant identification card. A noncompliant identification card must 10 not cost more than a compliant identification card. In this subsection, 11 (1) "compliant identification card" means an identification card issued 12 by the state that has been certified by the United States Department of Homeland 13 Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL 14 ID Act of 2005); 15 (2) "noncompliant identification card" means an identification card 16 issued by the state that is not certified by the United States Department of Homeland 17 Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL 18 ID Act of 2005). 19 * Sec. 3. AS 28.15.041 is amended by adding new subsections to read: 20 (b) The commissioner shall adopt regulations for the issuance of driver's 21 licenses that comply with P.L. 109-13, Division B (REAL ID Act of 2005) and that 22 meet the standards of 6 CFR Part 37, as amended. 23 (c) The department shall continue to issue noncompliant driver's licenses. 24 Nothing in this section or regulations adopted under this section shall require a driver 25 to be issued a compliant driver's license. A person must clearly choose a compliant 26 driver's license. If the department cannot determine which type of license to issue a 27 person, the department shall issue a noncompliant license. All state, borough, and city 28 governments shall treat a noncompliant driver's license the same as a compliant 29 driver's license. A noncompliant license must not cost more than a compliant license. 30 In this subsection, 31 (1) "compliant driver's license" means a driver's license issued by the
01 state that has been certified by the United State Department of Homeland Security to 02 be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of 03 2005); 04 (2) "noncompliant driver's license" means a driver's license issued by 05 the state that gives the holder the appropriate driving authority but is not certified by 06 the United States Department of Homeland Security to be in compliance with the 07 requirements of P.L. 109-13, Division B (REAL ID Act of 2005). 08 * Sec. 4. 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. 5. 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 or state identification card with a duration of less than 17 eight [FIVE] years if the person is authorized to stay in the United States for less than 18 eight [FIVE] years or the period of authorized stay is indefinite. The department shall 19 issue the license for the period of the authorized stay. If the period of authorized stay 20 is indefinite, the department shall issue the license with a validity of 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. 6. 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. 7. AS 28.15.271(b) is amended to read: 16 (b) In addition to the fees under (a) of this section, 17 (1) a person who renews a driver's license by mail shall pay a fee of 18 $1; 19 (2) a person who applies for a limited driver's license under 20 AS 28.15.201 shall pay a fee of $100; and 21 (3) a person who applies for reinstatement of a driver's license under 22 AS 28.15.211 shall pay a fee of 23 (A) $100 if the person's driver's license has, within the 10 years 24 preceding the application, been suspended, revoked, or limited under the 25 provisions of this chapter, except as provided by (C) of this paragraph, only 26 once; 27 (B) $250 if the person's driver's license has, within the 10 years 28 preceding the application, been suspended, revoked, or limited under the 29 provisions of this chapter, except as provided by (D) of this paragraph, two or 30 more times; 31 (C) $200 if the person's driver's license has, within the 10 years
01 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only 02 once; or 03 (D) $500 if the person's driver's license has, within the 10 years 04 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 05 or more times; 06 (4) a person who applies for a compliant driver's license shall pay 07 a fee of $5; in this paragraph "compliant driver's license" has the meaning given 08 in AS 28.15.041(c). 09 * Sec. 8. AS 44.99.040(a)(2) is repealed. 10 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).