HB 389: "An Act repealing the implementation of the federal REAL ID Act of 2005; relating to identification cards; relating to drivers' licenses; and providing for an effective date."
00 HOUSE BILL NO. 389 01 "An Act repealing the implementation of the federal REAL ID Act of 2005; relating to 02 identification cards; relating to drivers' licenses; 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(a) is amended to read: 05 (a) Upon payment of a $15 fee, the department shall issue a card identical to 06 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 07 shall be of a different color and shall state in bold type letters across the face of it that 08 it is for identification purposes only. [UPON REQUEST OF A PERSON AND UPON 09 PAYMENT OF AN ADDITIONAL $20 FEE, THE DEPARTMENT MAY ISSUE 10 AN IDENTIFICATION CARD UNDER THIS SECTION THAT IS FEDERALLY 11 COMPLIANT.] 12 * Sec. 2. AS 18.65.310(b) is amended to read: 13 (b) A person may obtain an identification card provided for in (a) of this 14 section by applying to the department on forms and in the manner prescribed by the
01 department. [THE DEPARTMENT SHALL INCLUDE ON THE APPLICATION 02 FOR AN IDENTIFICATION CARD A REQUIREMENT THAT THE APPLICANT 03 INDICATE 04 (1) THAT THE APPLICANT UNDERSTANDS THE OPTIONS FOR 05 IDENTIFICATION CARDS AVAILABLE AT THE TIME OF ISSUANCE; AND 06 (2) THE TYPE OF IDENTIFICATION CARD THAT THE 07 APPLICANT SELECTS.] 08 * Sec. 3. AS 18.65.310 is amended by adding new subsections to read: 09 (s) The department shall offer an applicant the option of having the applicant's 10 identification card photograph captured with a camera that produces a photograph in a 11 format or with a resolution that renders the image quality insufficient for facial 12 recognition purposes. The department shall destroy or render unusable for facial 13 recognition purposes any photograph captured as a result of an application for an 14 identification card. 15 (t) The department may not convey, distribute, or communicate to a foreign 16 country or a private entity with greater than five percent foreign ownership any 17 personally identifying information collected in order to carry out the provisions of this 18 section. 19 * Sec. 4. AS 28.05.068(b) is amended to read: 20 (b) Notwithstanding (a) of this section, the department may not convey, 21 distribute, or communicate to a foreign country or a private entity with greater than 22 five percent foreign ownership any personally identifying information or scanned 23 or stored documents collected in order to carry out the provisions of AS 28.15. 24 * Sec. 5. AS 28.05.068(b), as amended by sec. 4 of this Act, is amended to read: 25 (b) The [NOTWITHSTANDING (a) OF THIS SECTION, THE] department 26 may not convey, distribute, or communicate to a foreign country or a private entity 27 with greater than five percent foreign ownership any personally identifying 28 information or scanned or stored documents collected in order to carry out the 29 provisions of AS 28.15. 30 * Sec. 6. AS 28.15.111(e) is amended to read: 31 (e) The department may not engage in bulk sharing of facial images captured
01 as a result of an application for a driver's license with a database. The department 02 shall offer an applicant the option of having the applicant's driver's license 03 photograph captured with a camera that produces a photograph in a format or 04 with a resolution that renders the image quality insufficient for facial recognition 05 purposes. The department shall destroy or render unusable for facial recognition 06 purposes any photograph captured as a result of an application for a driver's 07 license [, OTHER THAN A DATABASE ESTABLISHED BY THE STATE, 08 REGARDLESS OF WHETHER THE APPLICANT APPLIED FOR A DRIVER'S 09 LICENSE THAT IS FEDERALLY COMPLIANT OR A DRIVER'S LICENSE 10 THAT IS NOT FEDERALLY COMPLIANT. THE PROHIBITION IN THIS 11 SUBSECTION DOES NOT APPLY TO A COMMERCIAL DRIVER'S LICENSE]. 12 * Sec. 7. AS 44.99.040(a) is amended to read: 13 (a) A state or municipal agency may not use or authorize the use of an asset to 14 implement or aid in the implementation of a requirement of 15 (1) an order of the President of the United States, a federal regulation, 16 or a law enacted by the United States Congress that is applied to 17 (A) infringe on a person's right, under the Second Amendment 18 to the Constitution of the United States, to keep and bear arms; 19 (B) deny a person a right to due process, or a protection of due 20 process, that would otherwise be available to the person under the Constitution 21 of the State of Alaska or the Constitution of the United States; or 22 (2) [REPEALED] 23 (3) P.L. 109-13, Division B (REAL ID Act of 2005). 24 * Sec. 8. AS 18.65.310(n), 18.65.310(o), 18.65.310(q), 18.65.310(r); AS 28.05.068(a), 25 28.05.068(c), 28.05.068(d), 28.05.068(e); AS 28.15.041(d), 28.15.041(e), 28.15.041(f), 26 28.15.061(b)(6), 28.15.111(f), 28.15.271(b)(4); and AS 28.90.990(a)(11) are repealed. 27 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: FEDERALLY COMPLIANT IDENTIFICATION CARDS AND 30 DRIVERS' LICENSES. An identification card or driver's license that complies with P.L. 109- 31 13, Division B (REAL ID Act of 2005) and was issued before the effective date of secs. 1, 2,
01 5, and 7 - 9 of this Act is valid until the identification card is cancelled under AS 18.65.310(h) 02 or expires normally under AS 18.65.310(k) or (p) or until the driver's license is cancelled 03 under AS 28.15.161 or expires normally under AS 28.15.099 or 28.15.101. 04 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: PUBLIC EDUCATION. The Department of Administration shall 07 conduct a public education campaign to inform the public that the state will no longer issue 08 identification cards and drivers' licenses that comply with P.L. 109-13, Division B (REAL ID 09 Act of 2005) on and after the effective date of secs. 1, 2, 5, and 7 - 9 of this Act, and to inform 10 the public of other existing options for obtaining identification cards and drivers' licenses that 11 are not in compliance with P.L. 109-13, Division B (REAL ID Act of 2005). 12 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITION: REGULATIONS. The Department of Administration may adopt 15 regulations necessary to implement the changes made by this Act. The regulations take effect 16 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 17 implemented by the regulation. 18 * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 13. Sections 1, 2, 5, and 7 - 9 of this Act take effect January 1, 2025.