CSSB 34(FIN): "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to issuance of identification cards and drivers' licenses; relating to data sharing by the Department of Administration; and providing for an effective date."
00 CS FOR SENATE BILL NO. 34(FIN) 01 "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to 02 issuance of identification cards and drivers' licenses; relating to data sharing by the 03 Department of Administration; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. It is the intent of the legislature that the state continue to 08 work with the Alaska delegation in Congress to amend provisions of P.L. 109-13, Division B 09 (REAL ID Act of 2005) that compromise the rights of Alaskans to the privacy of their 10 personal information, while protecting the nation's efforts to combat terrorism. 11 * Sec. 2. AS 18.65.310(a) is amended to read: 12 (a) Upon payment of a $15 fee, the department shall issue a card identical to 13 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 14 shall be of a different color and shall state in bold type letters across the face of it that
01 it is for identification purposes only. Upon request of a person and upon payment 02 of an additional $20 fee, the department may issue an identification card under 03 this section that is federally compliant. 04 * Sec. 3. AS 18.65.310(b) is amended to read: 05 (b) A person may obtain an identification card provided for in (a) of this 06 section by applying to the department on forms and in the manner prescribed by the 07 department. The department shall include on the application for an identification 08 card a requirement that the applicant indicate 09 (1) that the applicant understands the options for identification 10 cards available at the time of issuance; and 11 (2) the type of identification card that the applicant selects. 12 * Sec. 4. AS 18.65.310 is amended by adding new subsections to read: 13 (m) The department shall adopt regulations for the issuance of identification 14 cards that are federally compliant. For identification cards that are federally compliant, 15 the department 16 (1) shall copy, scan, or retain only the minimum number of documents 17 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 18 or federal law, for issuance of an identification card that is federally compliant; 19 (2) shall destroy, regularly and as close as practicable to 15 years after 20 the date of application unless otherwise required by another applicable state or federal 21 law, any documents retained under (1) of this subsection; and 22 (3) may not copy, scan, or retain in any form a document that is not 23 required to be retained under (1) of this subsection. 24 (n) The department shall continue to issue identification cards that are not 25 federally compliant. Nothing in this section or regulations adopted under this section 26 requires a person to be issued an identification card that is federally compliant. An 27 applicant must clearly request an identification card that is federally compliant to 28 obtain one. The state or a municipal government may not require a person to possess 29 or use an identification card that is federally compliant unless the person is a state or 30 municipal employee and the duties of the person's job require the use of an 31 identification card that is federally compliant. The state or a municipal government
01 shall otherwise treat an identification card that is not federally compliant the same as 02 an identification card that is federally compliant. For an identification card that is not 03 federally compliant, the department 04 (1) shall retain an image of the face on the identification card for not 05 more than 15 years after the date of application; if an applicant does not receive an 06 identification card, the department may not retain an image of the applicant's face; 07 (2) shall scan and retain only the minimum documents necessary for 08 issuance of the identification card; the department shall destroy any documents 09 retained one year after the identification card expires. 10 (o) An identification card expires on the person's birthday in the eighth year 11 following issuance of the identification card. An identification card may be renewed 12 within one year of its expiration upon proper application and payment of the required 13 fee. An identification card may be renewed by mail or on the department's Internet 14 website, except that an identification card may not be renewed by mail or on the 15 department's Internet website if the most recent renewal of the applicant's 16 identification card was by mail or on the department's Internet website. Under 17 regulations adopted by the department, the department may issue to a person an 18 identification card with a duration of less than eight years if the person is authorized to 19 stay in the United States for less than eight years or if the period of authorized stay is 20 indefinite. The department shall issue the identification card for the period of the 21 authorized stay. If the period of authorized stay is indefinite, the department shall issue 22 the identification card with a validity of up to eight years. 23 (p) The department shall provide public information about the differences 24 between identification cards and identification cards that are federally compliant. The 25 department shall also provide the information to applicants for new and renewal 26 identification cards at the time of application. At a minimum, the information must 27 include a description of 28 (1) each type of identification card; 29 (2) the storage and sharing process for an applicant's information for 30 an identification card and an identification card that is federally compliant; and 31 (3) the official purpose and limitations on the use of each type of
01 identification card, including a description of the purposes for which an identification 02 card that is federally compliant may be required and a description of alternatives to 03 using an identification card that is federally compliant to serve those purposes. 04 (q) In this section, "identification card that is federally compliant" means an 05 identification card issued by the state that has been certified by the United States 06 Department of Homeland Security to be in compliance with the requirements of P.L. 07 109-13, Division B (REAL ID Act of 2005). 08 * Sec. 5. AS 28.05 is amended by adding a new section to read: 09 Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys, 10 distributes, or communicates data to be used in a database, index, pointer system, or 11 any other system managed by an entity other than the department, including the 12 American Association of Motor Vehicle Administrators, to comply with the 13 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may 14 not convey, distribute, or communicate to that entity any data not required to be 15 conveyed, distributed, or communicated for the state to be certified by the United 16 States Department of Homeland Security to be in compliance with the requirements of 17 P.L. 109-13, Division B (REAL ID Act of 2005). 18 (b) The department shall take all steps available to obtain from the entity an 19 agreement that the state need not convey, distribute, or communicate social security 20 numbers, in whole or in part, to participate in the database, index, pointer system, or 21 other system. 22 (c) The department shall take all steps available to work with other states, the 23 United States Department of Homeland Security, and any multistate entities in which 24 the state participates to secure a means of compliance with P.L. 109-13, Division B 25 (REAL ID Act of 2005), including through an interstate compact, that does not 26 involve the storage or sharing of social security numbers, in whole or in part, with an 27 interstate database, index, pointer system, or other system. 28 (d) If the department has complied with (b) and (c) of this section and has 29 been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID 30 Act of 2005) that does not involve the storage or sharing of social security numbers, in 31 whole or in part, the department shall take all steps necessary to minimize the number
01 of digits of a social security number required to be stored or shared. 02 (e) The department may share only the least number of digits of a person's 03 social security number necessary to comply with federal law that requires the 04 department to determine whether a person has been issued a driver's license in another 05 state. 06 (f) The department shall submit an annual report on the results of the efforts 07 required under (b) - (e) of this section to the senate secretary and chief clerk of the 08 house of representatives on or before January 31 of each year and notify the legislature 09 that the report is available. 10 * Sec. 6. AS 28.15.041 is amended by adding new subsections to read: 11 (d) The commissioner shall adopt regulations for the issuance of drivers' 12 licenses that are federally compliant. For drivers' licenses that are federally compliant, 13 the department 14 (1) shall copy, scan, or retain only the minimum number of documents 15 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 16 or federal law, for issuance of a driver's license that is federally compliant; 17 (2) shall destroy, regularly and as close as practicable to 15 years after 18 the date of application unless otherwise required by another applicable state or federal 19 law, any documents retained under (1) of this subsection; and 20 (3) may not copy, scan, or retain in any form a document that is not 21 required to be retained under (1) of this subsection. 22 (e) The department shall continue to issue drivers' licenses that are not 23 federally compliant. Nothing in this section or regulations adopted under this section 24 requires a driver to be issued a driver's license that is federally compliant. An 25 applicant must clearly request a driver's license that is federally compliant to obtain 26 one. The state or a municipal government may not require a person to possess or use a 27 driver's license that is federally compliant unless the person is a state or municipal 28 employee and the duties of the person's job require the use of a driver's license that is 29 federally compliant. The state or a municipal government shall otherwise treat a 30 driver's license that is not federally compliant the same as a driver's license that is 31 federally compliant. For a driver's license that is not federally compliant, the
01 department 02 (1) shall retain an image of the face on the license for not more than 15 03 years after the date of application; if an applicant does not receive a driver's license, 04 the department may not retain an image of the applicant's face; 05 (2) shall scan and retain only the minimum documents necessary for 06 issuance of the driver's license; the department shall destroy any documents retained 07 one year after the driver's license expires. 08 (f) The department shall provide public information about the differences 09 between drivers' licenses and drivers' licenses that are federally compliant. The 10 department shall also provide the information to applicants for new and renewal 11 drivers' licenses at the time of application. At a minimum, the information must 12 include a description of 13 (1) each type of driver's license; 14 (2) the storage and sharing process for an applicant's information for a 15 driver's license and a driver's license that is federally compliant; and 16 (3) the official purpose and limitations on use of each type of driver's 17 license, including a description of the purposes for which a driver's license that is 18 federally compliant may be required and a description of alternatives to using a 19 driver's license that is federally compliant to serve those purposes. 20 * Sec. 7. AS 28.15.061(b) is amended to read: 21 (b) An application under (a) of this section must 22 (1) contain the applicant's full legal name, date and place of birth, sex, 23 and mailing and residence addresses; 24 (2) state whether the applicant has been previously licensed in the past 25 10 years as a driver and, if so, when and by what jurisdiction; 26 (3) state whether any previous driver's license issued to the applicant 27 has ever been suspended or revoked or whether an application for a driver's license has 28 ever been refused and, if so, the date of and reason for the suspension, revocation, or 29 refusal; 30 (4) contain the applicant's social security number; the requirement of 31 this paragraph only applies to an applicant who has been issued a social security
01 number; [AND] 02 (5) contain other information that the department may reasonably 03 require to determine the applicant's identity, competency, and eligibility; and 04 (6) require that the applicant indicate 05 (A) that the applicant understands the options for drivers' 06 licenses available at the time of issuance; and 07 (B) the type of driver's license that the applicant selects. 08 * Sec. 8. 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. 9. 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 with a duration of less than eight [FIVE] years if the person 17 is authorized to stay in the United States for less than eight [FIVE] years or the period 18 of authorized stay is indefinite. The department shall issue the license for the period of 19 the authorized stay. If the period of authorized stay is indefinite, the department shall 20 issue the license with a validity of up to eight years [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. 10. 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. 11. AS 28.15.111 is amended by adding new subsections to read: 16 (d) The department may not engage in bulk sharing of facial images captured 17 as a result of an application for a driver's license with a database, other than a database 18 established by the state, regardless of whether the applicant applied for a driver's 19 license that is federally compliant or a driver's license that is not federally compliant. 20 The prohibition in this subsection does not apply to a commercial driver's license. 21 (e) A commercial driver's license must be federally compliant. 22 * Sec. 12. AS 28.15.271(b) is amended to read: 23 (b) In addition to the fees under (a) of this section, 24 (1) a person who renews a driver's license by mail shall pay a fee of 25 $1; 26 (2) a person who applies for a limited driver's license under 27 AS 28.15.201 shall pay a fee of $100; and 28 (3) a person who applies for reinstatement of a driver's license under 29 AS 28.15.211 shall pay a fee of 30 (A) $100 if the person's driver's license has, within the 10 years 31 preceding the application, been suspended, revoked, or limited under the
01 provisions of this chapter, except as provided by (C) of this paragraph, only 02 once; 03 (B) $250 if the person's driver's license has, within the 10 years 04 preceding the application, been suspended, revoked, or limited under the 05 provisions of this chapter, except as provided by (D) of this paragraph, two or 06 more times; 07 (C) $200 if the person's driver's license has, within the 10 years 08 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only 09 once; or 10 (D) $500 if the person's driver's license has, within the 10 years 11 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 12 or more times; 13 (4) a person who applies for a driver's license that is federally 14 compliant shall pay a fee of $20. 15 * Sec. 13. AS 28.90.990(a) is amended by adding a new paragraph to read: 16 (32) "driver's license that is federally compliant" means a driver's 17 license issued by the state that has been certified by the United States Department of 18 Homeland Security to be in compliance with the requirements of P.L. 109-13, 19 Division B (REAL ID Act of 2005). 20 * Sec. 14. AS 44.99.040(a)(2) is repealed. 21 * Sec. 15. AS 28.05.068(f) is repealed June 30, 2021. 22 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 25 Administration may adopt regulations necessary to implement the changes made by this Act. 26 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 27 effective date of the law implemented by the regulation. 28 * Sec. 17. Sections 14 and 16 of this Act take effect immediately under AS 01.10.070(c). 29 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect January 1, 2019.