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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 16                                                                                                          
01 Relating to training regarding disabilities for police officers, probation officers, parole                             
02 officers, correctional officers, and village public safety officers; relating to rights and                             
03 responsibilities for drivers when encountering or being stopped by a peace officer; relating to                         
04 a voluntary disability designation on a state identification card and a driver's license; relating                      
05 to the implementation of the federal REAL ID Act of 2005; relating to issuance of                                       
06 identification cards and drivers' licenses; relating to data sharing by the Department of                               
07 Administration; and providing for an effective date.                                                                    
08                           _______________                                                                               
09    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                            
10 to read:                                                                                                                
11 LEGISLATIVE INTENT. It is the intent of the legislature that the state continue to                                      
12 work with the Alaska delegation in Congress to amend provisions of P.L. 109-13, Division B                              
13 (REAL ID Act of 2005) that compromise the rights of Alaskans to the privacy of their                                    
01 personal information, while protecting the nation's efforts to combat terrorism.                                        
02    * Sec. 2. AS 18.65.220 is amended to read:                                                                           
03            Sec. 18.65.220. Powers. The council has the power to                                                         
04                 (1)  adopt regulations for the administration of AS 18.65.130 -                                         
05       18.65.290;                                                                                                        
06 (2)  establish minimum standards for employment as a police officer,                                                    
07 probation officer, parole officer, municipal correctional officer, and correctional                                     
08 officer in a permanent or probationary position and certify persons to be qualified as                                  
09 police officers, probation officers, parole officers, municipal correctional officers, and                              
10       correctional officers under AS 18.65.130 - 18.65.290;                                                             
11 (3)  establish minimum criminal justice curriculum requirements for                                                     
12 basic, specialized, and in-service courses and programs for schools operated by or for                                  
13 the state or a political subdivision of the state for the specific purpose of training                                  
14 police recruits, police officers, probation officers, parole officers, municipal                                        
15 correctional officers, and correctional officers; the curriculum requirements                                         
16       established under this paragraph must include training in                                                       
17                      (A)  recognizing persons with disabilities;                                                      
18                      (B)  appropriate interactions with persons with disabilities;                                    
19 (C)  resources available to persons with disabilities and to                                                          
20            those interacting with persons with disabilities; and                                                      
21 (D)  the requirements of 42 U.S.C. 12131 - 12165 (Title II of                                                         
22            the Americans with Disabilities Act of 1990);                                                              
23 (4)  consult and cooperate with municipalities, agencies of the state,                                                  
24 other governmental agencies, universities, colleges, and other institutions concerning                                  
25 the development of police officer, probation officer, parole officer, municipal                                         
26 correctional officer, and correctional officer training schools and programs of criminal                                
27       justice instruction;                                                                                              
28 (5)  employ an administrator and other persons necessary to carry out                                                   
29       its duties under AS 18.65.130 - 18.65.290;                                                                        
30 (6)  investigate when there is reason to believe that a police officer,                                                 
31 probation officer, parole officer, municipal correctional officer, or correctional officer                              
01 does not meet the minimum standards for employment; in connection with the                                              
02 investigation the council may subpoena persons, books, records, or documents related                                    
03 to the investigation and require answers in writing under oath to questions asked by                                    
04       the council or the administrator;                                                                                 
05                 (7)  charge and collect a fee of $50 for processing applications for                                    
06       certification of police, probation, parole, municipal correctional, and correctional                              
07       officers.                                                                                                         
08    * Sec. 3. AS 18.65.310(a) is amended to read:                                                                        
09            (a)  Upon payment of a $15 fee, the department shall issue a card identical to                               
10 the motor vehicle operator's license provided for in AS 28.15.111, except that the card                                 
11 shall be of a different color and shall state in bold type letters across the face of it that                           
12 it is for identification purposes only. Upon request of a person and upon payment                                     
13 of an additional $20 fee, the department may issue an identification card under                                       
14       this section that is federally compliant.                                                                       
15    * Sec. 4. AS 18.65.310(b) is amended to read:                                                                        
16 (b)  A person may obtain an identification card provided for in (a) of this                                             
17 section by applying to the department on forms and in the manner prescribed by the                                      
18 department. The department shall include on the application for an identification                                     
19       card a requirement that the applicant indicate                                                                  
20 (1)  that the applicant understands the options for identification                                                    
21       cards available at the time of issuance; and                                                                    
22                 (2)  the type of identification card that the applicant selects.                                      
23    * Sec. 5. AS 18.65.310 is amended by adding new subsections to read:                                                 
24 (m)  The department shall provide a method for a person to designate                                                    
25 voluntarily on an identification card that the person has a disability, including a                                     
26 cognitive, mental, neurological, or physical disability, or a combination of those                                      
27 disabilities. The department shall create a discreet symbol to place on the                                             
28 identification card of a person requesting the designation. The method must provide a                                   
29 means by which the person may cancel the designation. The department may not                                            
30 charge a fee solely for the designation. To receive the designation, the person shall                                   
31 provide proof of the disability from a person licensed as a physician or physician                                      
01 assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced practice                                       
02 registered nurse under AS 08.68, or as a licensed psychologist under AS 08.86.                                          
03 Notwithstanding (a) of this section, the department may charge a fee of $5 for                                          
04 replacement of a valid identification card with a new identification card with a                                        
05 disability designation and may charge a fee of $5 for replacement of an identification                                  
06 card with a disability designation with a new identification card without a disability                                  
07       designation.                                                                                                      
08 (n)  The department shall adopt regulations for the issuance of identification                                          
09 cards that are federally compliant. For identification cards that are federally compliant,                              
10       the department                                                                                                    
11 (1)  shall copy, scan, or retain only the minimum number of documents                                                   
12 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state                                    
13       or federal law, for issuance of an identification card that is federally compliant;                               
14 (2)  shall destroy, regularly and as close as practicable to 15 years after                                             
15 the date of application unless otherwise required by another applicable state or federal                                
16       law, any documents retained under (1) of this subsection; and                                                     
17 (3)  may not copy, scan, or retain in any form a document that is not                                                   
18       required to be retained under (1) of this subsection.                                                             
19 (o)  The department shall continue to issue identification cards that are not                                           
20 federally compliant. Nothing in this section or regulations adopted under this section                                  
21 requires a person to be issued an identification card that is federally compliant. An                                   
22 applicant must clearly request an identification card that is federally compliant to                                    
23 obtain one. The state or a municipal government may not require a person to possess                                     
24 or use an identification card that is federally compliant unless the person is a state or                               
25 municipal employee and the duties of the person's job require the use of an                                             
26 identification card that is federally compliant. The state or a municipal government                                    
27 shall otherwise treat an identification card that is not federally compliant the same as                                
28 an identification card that is federally compliant. For an identification card that is not                              
29       federally compliant, the department                                                                               
30 (1)  shall retain an image of the face on the identification card for not                                               
31 more than 15 years after the date of application; if an applicant does not receive an                                   
01       identification card, the department may not retain an image of the applicant's face;                              
02 (2)  shall scan and retain only the minimum documents necessary for                                                     
03 issuance of the identification card; the department shall destroy any documents                                         
04       retained one year after the identification card expires.                                                          
05 (p)  An identification card expires on the person's birthday in the eighth year                                         
06 following issuance of the identification card. An identification card may be renewed                                    
07 within one year of its expiration upon proper application and payment of the required                                   
08 fee. An identification card may be renewed by mail or on the department's Internet                                      
09 website, except that an identification card may not be renewed by mail or on the                                        
10 department's Internet website if the most recent renewal of the applicant's                                             
11 identification card was by mail or on the department's Internet website. Under                                          
12 regulations adopted by the department, the department may issue to a person an                                          
13 identification card with a duration of less than eight years if the person is authorized to                             
14 stay in the United States for less than eight years or if the period of authorized stay is                              
15 indefinite. The department shall issue the identification card for the period of the                                    
16 authorized stay. If the period of authorized stay is indefinite, the department shall issue                             
17       the identification card with a validity of up to eight years.                                                     
18 (q)  The department shall provide public information about the differences                                              
19 between identification cards and identification cards that are federally compliant. The                                 
20 department shall also provide the information to applicants for new and renewal                                         
21 identification cards at the time of application. At a minimum, the information must                                     
22       include a description of                                                                                          
23                 (1)  each type of identification card;                                                                  
24 (2)  the storage and sharing process for an applicant's information for                                                 
25       an identification card and an identification card that is federally compliant; and                                
26 (3)  the official purpose and limitations on the use of each type of                                                    
27 identification card, including a description of the purposes for which an identification                                
28 card that is federally compliant may be required and a description of alternatives to                                   
29       using an identification card that is federally compliant to serve those purposes.                                 
30 (r)  In this section, "identification card that is federally compliant" means an                                        
31 identification card issued by the state that has been certified by the United States                                    
01 Department of Homeland Security to be in compliance with the requirements of P.L.                                       
02       109-13, Division B (REAL ID Act of 2005).                                                                         
03    * Sec. 6. AS 18.65.670(c) is amended to read:                                                                        
04 (c)  The commissioner of public safety may adopt regulations related to village                                         
05 public safety officers, including minimum standards and training, criteria for                                          
06 community, municipality, or corporation participation, and the interaction between the                                  
07 Department of Public Safety and village public safety officers. Regulations adopted by                                  
08 the commissioner of public safety under this subsection may not prohibit village                                      
09 public safety officers who otherwise meet minimum standards and training from                                           
10 carrying firearms. If the commissioner of public safety adopts regulations                                            
11 regarding training for village public safety officers, at a minimum, that training                                    
12 must include disability training that provides training in the subjects set out in                                    
13 AS 18.65.220(3). The commissioner of corrections may adopt regulations related to                                     
14 the functions of village public safety officers providing probation and parole                                          
15       supervision.                                                                                                      
16    * Sec. 7. AS 28.05.011 is amended by adding a new subsection to read:                                                
17 (c)  If the department publishes a manual related to the safe and lawful                                                
18 operation of a motor vehicle, the manual must include the rights and responsibilities of                                
19       drivers when encountering or being stopped by a peace officer.                                                    
20    * Sec. 8. AS 28.05 is amended by adding a new section to read:                                                       
21 Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys,                                             
22 distributes, or communicates data to be used in a database, index, pointer system, or                                   
23 any other system managed by an entity other than the department, including the                                          
24 American Association of Motor Vehicle Administrators, to comply with the                                                
25 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may                                       
26 not convey, distribute, or communicate to that entity any data not required to be                                       
27 conveyed, distributed, or communicated for the state to be certified by the United                                      
28 States Department of Homeland Security to be in compliance with the requirements of                                     
29       P.L. 109-13, Division B (REAL ID Act of 2005).                                                                    
30 (b)  Notwithstanding (a) of this section, the department may not convey,                                                
31 distribute, or communicate to a private entity any scanned or stored documents                                          
01       collected in order to carry out the provisions of AS 28.15.                                                       
02 (c)  The department shall take all steps available to obtain from the entity an                                         
03 agreement that the state need not convey, distribute, or communicate social security                                    
04 numbers, in whole or in part, to participate in the database, index, pointer system, or                                 
05       other system.                                                                                                     
06 (d)  The department shall take all steps available to work with other states, the                                       
07 United States Department of Homeland Security, and any multistate entities in which                                     
08 the state participates to secure a means of compliance with P.L. 109-13, Division B                                     
09 (REAL ID Act of 2005), including through an interstate compact, that does not                                           
10 involve the storage or sharing of social security numbers, in whole or in part, with an                                 
11       interstate database, index, pointer system, or other system.                                                      
12 (e)  If the department has complied with (c) and (d) of this section and has                                            
13 been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID                                       
14 Act of 2005) that does not involve the storage or sharing of social security numbers, in                                
15 whole or in part, the department shall take all steps necessary to minimize the number                                  
16       of digits of a social security number required to be stored or shared.                                            
17 (f)  The department may share only the least number of digits of a person's                                             
18 social security number necessary to comply with federal law that requires the                                           
19 department to determine whether a person has been issued a driver's license in another                                  
20       state.                                                                                                            
21 (g)  The department shall submit an annual report on the results of the efforts                                         
22 required under (c) - (f) of this section to the senate secretary and chief clerk of the                                 
23 house of representatives on or before January 31 of each year and notify the legislature                                
24       that the report is available.                                                                                     
25    * Sec. 9. AS 28.15.041 is amended by adding new subsections to read:                                                 
26 (d)  The commissioner shall adopt regulations for the issuance of drivers'                                              
27 licenses that are federally compliant. For drivers' licenses that are federally compliant,                              
28       the department                                                                                                    
29 (1)  shall copy, scan, or retain only the minimum number of documents                                                   
30 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state                                    
31       or federal law, for issuance of a driver's license that is federally compliant;                                   
01 (2)  shall destroy, regularly and as close as practicable to 15 years after                                             
02 the date of application unless otherwise required by another applicable state or federal                                
03       law, any documents retained under (1) of this subsection; and                                                     
04 (3)  may not copy, scan, or retain in any form a document that is not                                                   
05       required to be retained under (1) of this subsection.                                                             
06 (e)  The department shall continue to issue drivers' licenses that are not                                              
07 federally compliant. Nothing in this section or regulations adopted under this section                                  
08 requires a driver to be issued a driver's license that is federally compliant. An                                       
09 applicant must clearly request a driver's license that is federally compliant to obtain                                 
10 one. The state or a municipal government may not require a person to possess or use a                                   
11 driver's license that is federally compliant unless the person is a state or municipal                                  
12 employee and the duties of the person's job require the use of a driver's license that is                               
13 federally compliant. The state or a municipal government shall otherwise treat a                                        
14 driver's license that is not federally compliant the same as a driver's license that is                                 
15 federally compliant. For a driver's license that is not federally compliant, the                                        
16       department                                                                                                        
17 (1)  shall retain an image of the face on the license for not more than 15                                              
18 years after the date of application; if an applicant does not receive a driver's license,                               
19       the department may not retain an image of the applicant's face;                                                   
20 (2)  shall scan and retain only the minimum documents necessary for                                                     
21 issuance of the driver's license; the department shall destroy any documents retained                                   
22       one year after the driver's license expires.                                                                      
23 (f)  The department shall provide public information about the differences                                              
24 between drivers' licenses and drivers' licenses that are federally compliant. The                                       
25 department shall also provide the information to applicants for new and renewal                                         
26 drivers' licenses at the time of application. At a minimum, the information must                                        
27       include a description of                                                                                          
28                 (1)  each type of driver's license;                                                                     
29 (2)  the storage and sharing process for an applicant's information for a                                               
30       driver's license and a driver's license that is federally compliant; and                                          
31 (3)  the official purpose and limitations on the use of each type of                                                    
01       driver's license, including a description of the purposes for which a driver's license that                       
02       is federally compliant may be required and a description of alternatives to using a                               
03       driver's license that is federally compliant to serve those purposes.                                             
04    * Sec. 10. AS 28.15.061(b) is amended to read:                                                                       
05            (b)  An application under (a) of this section must                                                           
06                 (1)  contain the applicant's full legal name, date and place of birth, sex,                             
07       and mailing and residence addresses;                                                                              
08                 (2)  state whether the applicant has been previously licensed in the past                               
09       10 years as a driver and, if so, when and by what jurisdiction;                                                   
10 (3)  state whether any previous driver's license issued to the applicant                                                
11 has ever been suspended or revoked or whether an application for a driver's license has                                 
12 ever been refused and, if so, the date of and reason for the suspension, revocation, or                                 
13       refusal;                                                                                                          
14 (4)  contain the applicant's social security number; the requirement of                                                 
15 this paragraph only applies to an applicant who has been issued a social security                                       
16       number; [AND]                                                                                                     
17 (5)  contain other information that the department may reasonably                                                       
18       require to determine the applicant's identity, competency, and eligibility; and                                 
19                 (6)  require that the applicant indicate                                                              
20 (A)  that the applicant understands the options for drivers'                                                          
21            licenses available at the time of issuance; and                                                            
22                      (B)  the type of driver's license that the applicant selects.                                    
23    * Sec. 11. AS 28.15.101(a) is amended to read:                                                                       
24 (a)  Except as otherwise provided in this chapter, a driver's license expires on                                        
25 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A                               
26 license may be renewed within one year of its expiration upon proper application,                                       
27 payment of the required fee, and except when a license is renewed under (c) of this                                     
28       section, successful completion of a test of the licensee's eyesight.                                              
29    * Sec. 12. AS 28.15.101(d) is amended to read:                                                                       
30 (d)  Under regulations adopted by the department, the department may issue to                                           
31 a person a driver's license with a duration of less than eight [FIVE] years if the person                             
01 is authorized to stay in the United States for less than eight [FIVE] years or the period                             
02 of authorized stay is indefinite. The department shall issue the license for the period of                              
03 the authorized stay. If the period of authorized stay is indefinite, the department shall                               
04 issue the license with a validity of up to eight years [ONE YEAR. THE                                                 
05 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE                                                              
06 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION                                                           
07 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD                                                             
08       OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE].                                                         
09    * Sec. 13. AS 28.15.111(a) is amended to read:                                                                       
10 (a)  Upon successful completion of the application and all required                                                     
11 examinations, and upon payment of the required fee, the department shall issue to                                       
12 every qualified applicant a driver's license indicating the type or general class of                                    
13 vehicles that the licensee may drive. The license must (1) display a distinguishing                                     
14 number assigned to the license; (2) display the licensee's full name, address, date of                                  
15 birth, brief physical description, and [COLOR] photograph; (3) display either a                                         
16 facsimile of the signature of the licensee or a space upon which the licensee must write                                
17 the licensee's usual signature with pen and ink; (4) display physical security features                               
18 designed to prevent tampering, counterfeiting, or duplication of the document for                                     
19 fraudulent purposes [A HOLOGRAPHIC SYMBOL INTENDED TO PREVENT                                                         
20 ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a qualified applicant                                              
21 who is under 21 years of age, the words "UNDER 21"; and (6) to the extent the                                           
22 department is able, be designed to allow the electronic reading and electronic display                                  
23 of the information described under (2) of this subsection and the electronic reading                                    
24 and display and a physical display on the license that the person is restricted from                                    
25 purchasing alcoholic beverages under AS 04.16.160. A license may not display the                                        
26 licensee's social security number and is not valid until signed by the licensee. If                                     
27 facilities are not available for the taking of the photograph required under this section,                              
28       the department shall endorse on the license, the words "valid without photograph."                                
29    * Sec. 14. AS 28.15.111 is amended by adding new subsections to read:                                                
30 (d)  The department shall provide a method, at the time that a driver's license is                                      
31 issued, by which the owner of a license may voluntarily designate on the license that                                   
01 the owner has a disability, including a cognitive, mental, neurological, or physical                                    
02 disability, or a combination of those disabilities. The department shall create a discreet                              
03 symbol to place on the driver's license of a person requesting the designation. The                                     
04 method must provide a means by which the owner may cancel the designation. The                                          
05 department may not charge a fee solely for the designation. To receive the designation,                                 
06 the person shall provide proof of the disability from a person licensed as a physician or                               
07 physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced                                      
08 practice nurse under AS 08.68, or as a licensed psychologist under AS 08.86. The                                        
09 department may charge a fee of $5 for replacement of a valid driver's license with a                                    
10 new driver's license with a disability designation and may charge a fee of $5 for                                       
11 replacement of a driver's license with a disability designation with a new driver's                                     
12       license without a disability designation.                                                                         
13 (e)  The department may not engage in bulk sharing of facial images captured                                            
14 as a result of an application for a driver's license with a database, other than a database                             
15 established by the state, regardless of whether the applicant applied for a driver's                                    
16 license that is federally compliant or a driver's license that is not federally compliant.                              
17       The prohibition in this subsection does not apply to a commercial driver's license.                               
18            (f)  A commercial driver's license must be federally compliant.                                              
19    * Sec. 15. AS 28.15.271(b) is amended to read:                                                                       
20            (b)  In addition to the fees under (a) of this section,                                                      
21 (1)  a person who renews a driver's license by mail shall pay a fee of                                                  
22       $1;                                                                                                               
23 (2)  a person who applies for a limited driver's license under                                                          
24       AS 28.15.201 shall pay a fee of $100; [AND]                                                                       
25 (3)  a person who applies for reinstatement of a driver's license under                                                 
26       AS 28.15.211 shall pay a fee of                                                                                   
27 (A)  $100 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 (C) of this paragraph, only                                           
30            once;                                                                                                        
31 (B)  $250 if the person's driver's license has, within the 10 years                                                     
01            preceding the application, been suspended, revoked, or limited under the                                     
02            provisions of this chapter, except as provided by (D) of this paragraph, two or                              
03            more times;                                                                                                  
04                      (C)  $200 if the person's driver's license has, within the 10 years                                
05            preceding the application, been revoked under AS 28.35.030 or 28.35.032 only                                 
06            once; or                                                                                                     
07                      (D)  $500 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 two                                  
09            or more times; and                                                                                         
10 (4)  a person who applies for a driver's license that is federally                                                    
11       compliant shall pay a fee of $20.                                                                               
12    * Sec. 16. AS 28.90.990(a) is amended by adding a new paragraph to read:                                             
13 (32)  "driver's license that is federally compliant" means a driver's                                                   
14 license issued by the state that has been certified by the United States Department of                                  
15 Homeland Security to be in compliance with the requirements of P.L. 109-13,                                             
16       Division B (REAL ID Act of 2005).                                                                                 
17    * Sec. 17. AS 44.99.040(a)(2) is repealed.                                                                           
18    * Sec. 18. AS 28.05.068(g) is repealed June 30, 2021.                                                                
19    * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to                           
20 read:                                                                                                                   
21 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of                                                                 
22 Administration may adopt regulations necessary to implement the changes made by this Act.                               
23 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                           
24 effective date of the law implemented by the regulation.                                                                
25    * Sec. 20. Sections 17 and 19 of this Act take effect immediately under AS 01.10.070(c).                             
26    * Sec. 21. Sections 1, 3, 4, 8 - 13, 15, and 16 of this Act, AS 18.65.310(n) - (r), enacted by                       
27 sec. 5 of this Act, and AS 28.15.111(e) and (f), enacted by sec. 14 of this Act, take effect                            
28 January 1, 2019.                                                                                                        
29                                                                                                                         
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