HB 16 — An Act relating to training regarding disabilities for police officers, probation officers, parole officers, correctional officers, and village public safety officers; relating to rights and responsibilities for drivers when encountering or being stopped by a peace officer; relating to a voluntary disability designation on a state identification card and a driver's license; 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.

1718 (q) The department shall provide public information about the differences 1819 between identification cards and identification cards that are federally compliant.

The 1920 department shall also provide the information to applicants for new and renewal 2021 identification cards at the time of application.

At a minimum, the information must 2122 include a description of 2223 (1) each type of identification card;

2324 (2) the storage and sharing process for an applicant's information for 2425 an identification card and an identification card that is federally compliant;

and 2526 (3) the official purpose and limitations on the use of each type of 2627 identification card, including a description of the purposes for which an identification 2728 card that is federally compliant may be required and a description of alternatives to 2829 using an identification card that is federally compliant to serve those purposes.

2930 (r) In this section, "identification card that is federally compliant" means an 3031 identification card issued by the state that has been certified by the United States 31 Department of Homeland Security to be in compliance with the requirements of P.L.

02 109-13, Division B (REAL ID Act of 2005).

0203 * Sec.

0304 (c) The commissioner of public safety may adopt regulations related to village 0405 public safety officers, including minimum standards and training, criteria for 0506 community, municipality, or corporation participation, and the interaction between the 0607 Department of Public Safety and village public safety officers.

Regulations adopted by 0708 the commissioner of public safety under this subsection may not prohibit village 0809 public safety officers who otherwise meet minimum standards and training from 0910 carrying firearms.

If the commissioner of public safety adopts regulations 1011 regarding training for village public safety officers, at a minimum, that training 1112 must include disability training that provides training in the subjects set out in 1213 AS 18.65.220(3).

The commissioner of corrections may adopt regulations related to 1314 the functions of village public safety officers providing probation and parole 1415 supervision.

1516 * Sec.

1617 (c) If the department publishes a manual related to the safe and lawful 1718 operation of a motor vehicle, the manual must include the rights and responsibilities of 1819 drivers when encountering or being stopped by a peace officer.

1920 * Sec.

2021 Sec.

(a) If the department conveys, 2122 distributes, or communicates data to be used in a database, index, pointer system, or 2223 any other system managed by an entity other than the department, including the 2324 American Association of Motor Vehicle Administrators, to comply with the 2425 requirements of P.L.

109-13, Division B (REAL ID Act of 2005), the department may 2526 not convey, distribute, or communicate to that entity any data not required to be 2627 conveyed, distributed, or communicated for the state to be certified by the United 2728 States Department of Homeland Security to be in compliance with the requirements of 2829 P.L.

2930 (b) Notwithstanding (a) of this section, the department may not convey, 3031 distribute, or communicate to a private entity any scanned or stored documents 31 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 0203 agreement that the state need not convey, distribute, or communicate social security 0304 numbers, in whole or in part, to participate in the database, index, pointer system, or 0405 other system.

0506 (d) The department shall take all steps available to work with other states, the 0607 United States Department of Homeland Security, and any multistate entities in which 0708 the state participates to secure a means of compliance with P.L.

109-13, Division B 0809 (REAL ID Act of 2005), including through an interstate compact, that does not 0910 involve the storage or sharing of social security numbers, in whole or in part, with an 1011 interstate database, index, pointer system, or other system.

1112 (e) If the department has complied with (c) and (d) of this section and has 1213 been unable to secure a means of compliance with P.L.

109-13, Division B (REAL ID 1314 Act of 2005) that does not involve the storage or sharing of social security numbers, in 1415 whole or in part, the department shall take all steps necessary to minimize the number 1516 of digits of a social security number required to be stored or shared.

1617 (f) The department may share only the least number of digits of a person's 1718 social security number necessary to comply with federal law that requires the 1819 department to determine whether a person has been issued a driver's license in another 1920 state.

2021 (g) The department shall submit an annual report on the results of the efforts 2122 required under (c) - (f) of this section to the senate secretary and chief clerk of the 2223 house of representatives on or before January 31 of each year and notify the legislature 2324 that the report is available.

2425 * Sec.

2526 (d) The commissioner shall adopt regulations for the issuance of drivers' 2627 licenses that are federally compliant.

For drivers' licenses that are federally compliant, 2728 the department 2829 (1) shall copy, scan, or retain only the minimum number of documents 2930 required by P.L.

109-13, Division B (REAL ID Act of 2005), or other applicable state 3031 or federal law, for issuance of a driver's license that is federally compliant;

31 (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 0203 law, any documents retained under (1) of this subsection;

and 0304 (3) may not copy, scan, or retain in any form a document that is not 0405 required to be retained under (1) of this subsection.

0506 (e) The department shall continue to issue drivers' licenses that are not 0607 federally compliant.

Nothing in this section or regulations adopted under this section 0708 requires a driver to be issued a driver's license that is federally compliant.

An 0809 applicant must clearly request a driver's license that is federally compliant to obtain 0910 one.

The state or a municipal government may not require a person to possess or use a 1011 driver's license that is federally compliant unless the person is a state or municipal 1112 employee and the duties of the person's job require the use of a driver's license that is 1213 federally compliant.

The state or a municipal government shall otherwise treat a 1314 driver's license that is not federally compliant the same as a driver's license that is 1415 federally compliant.

For a driver's license that is not federally compliant, the 1516 department 1617 (1) shall retain an image of the face on the license for not more than 15 1718 years after the date of application;

if an applicant does not receive a driver's license, 1819 the department may not retain an image of the applicant's face;

1920 (2) shall scan and retain only the minimum documents necessary for 2021 issuance of the driver's license;

the department shall destroy any documents retained 2122 one year after the driver's license expires.

2223 (f) The department shall provide public information about the differences 2324 between drivers' licenses and drivers' licenses that are federally compliant.

The 2425 department shall also provide the information to applicants for new and renewal 2526 drivers' licenses at the time of application.

At a minimum, the information must 2627 include a description of 2728 (1) each type of driver's license;

2829 (2) the storage and sharing process for an applicant's information for a 2930 driver's license and a driver's license that is federally compliant;

and 3031 (3) the official purpose and limitations on the use of each type of driver's 31 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 0203 driver's license that is federally compliant to serve those purposes.

0304 * Sec.

0405 (b) An application under (a) of this section must 0506 (1) contain the applicant's full legal name, date and place of birth, sex, 0607 and mailing and residence addresses;

0708 (2) state whether the applicant has been previously licensed in the past 0809 10 years as a driver and, if so, when and by what jurisdiction;

0910 (3) state whether any previous driver's license issued to the applicant 1011 has ever been suspended or revoked or whether an application for a driver's license has 1112 ever been refused and, if so, the date of and reason for the suspension, revocation, or 1213 refusal;

1314 (4) contain the applicant's social security number;

the requirement of 1415 this paragraph only applies to an applicant who has been issued a social security 1516 number;

[AND] 1617 (5) contain other information that the department may reasonably 1718 require to determine the applicant's identity, competency, and eligibility;

and 1819 (6) require that the applicant indicate 1920 (A) that the applicant understands the options for drivers' 2021 licenses available at the time of issuance;

and 2122 (B) the type of driver's license that the applicant selects.

2223 * Sec.

2324 (a) Except as otherwise provided in this chapter, a driver's license expires on 2425 the licensee's birthday in the eighth [FIFTH] year following issuance of the license.

A 2526 license may be renewed within one year of its expiration upon proper application, 2627 payment of the required fee, and except when a license is renewed under (c) of this 2728 section, successful completion of a test of the licensee's eyesight.

2829 * Sec.

2930 (d) Under regulations adopted by the department, the department may issue to 3031 a person a driver's license with a duration of less than eight [FIVE] years if the person 31 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 0203 the authorized stay.

If the period of authorized stay is indefinite, the department shall 0304 issue the license with a validity of up to eight years [ONE YEAR.

THE 0405 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE 0506 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION 0607 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD 0708 OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE].

0809 * Sec.

0910 (a) Upon successful completion of the application and all required 1011 examinations, and upon payment of the required fee, the department shall issue to 1112 every qualified applicant a driver's license indicating the type or general class of 1213 vehicles that the licensee may drive.

The license must (1) display a distinguishing 1314 number assigned to the license;

(2) display the licensee's full name, address, date of 1415 birth, brief physical description, and [COLOR] photograph;

(3) display either a 1516 facsimile of the signature of the licensee or a space upon which the licensee must write 1617 the licensee's usual signature with pen and ink;

(4) display physical security features 1718 designed to prevent tampering, counterfeiting, or duplication of the document for 1819 fraudulent purposes [DISPLAY[A A HOLOGRAPHIC SYMBOL INTENDED TO 19 PREVENT 20 ILLEGAL ALTERATION OR DUPLICATION];

(5) display, for a 20 qualified applicant 21 who is under 21 years of age, the words "UNDER 21";

and (6) to 21 the extent the 22 department is able, be designed to allow the electronic reading and 22 electronic display 23 of the information described under (2) of this subsection and the 23 electronic reading 24 and display and a physical display on the license that the person is 24 restricted from 25 purchasing alcoholic beverages under AS 04.16.160.

A license may not 25 display the 26 licensee's social security number and is not valid until signed by the 26 licensee.

If 27 facilities are not available for the taking of the photograph required under 27 this section, 28 the department shall endorse on the license, the words "valid without 28 photograph." 29 * Sec.

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 the owner has a disability, including a cognitive, mental, neurological, or physical 02 disability, or a combination of them.those disabilities.

The department shall create a discreet 03 symbol to 03 place on the driver's license of a person requesting the designation.

The 04 method must 04 provide a means by which the owner may cancel the designation.

The 05 department may 05 not charge a fee solely for the designation.

To receive the designation, 06 the person shall 06 provide proof of the disability from a person licensed as a physician or physician 07 physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced nurse 08 practitionerpractice nurse under AS 08.68, or as a licensed psychologist under AS 08.86.

and[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;

and 10 (4) a person who applies for a driver's license that is federally 11 compliant shall pay a fee of $20.

Sections 1, 3, 4, 8 - 13, 15, and 16,16 of this Act, AS 18.65.310(n) - (r), enacted by 27 sec.

5 of this 27 Act, and AS 28.15.111(e) and (f), enacted by sec.

14 of this Act, take effect 28 January 1, 2019.

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