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Alaska Statutes.

Title 18. Health, Safety, Housing, Human Rights, and Public Defender

Chapter 65. Police Protection

Section 310. Identification Cards.

AS 18.65.310. Identification Cards.

   (a) Upon payment of a $15 fee, the department shall issue a card identical to the motor vehicle operator's license provided for in AS 28.15.111, except that the card shall be of a different color and shall state in bold type letters across the face of it that it is for identification purposes only. Upon request of a person and upon payment of an additional $20 fee, the department may issue an identification card under this section that is federally compliant.
   (b) A person may obtain an identification card provided for in (a) of this section by applying to the department on forms and in the manner prescribed by the department. The department shall include on the application for an identification card a requirement that the applicant indicate
        (1) that the applicant understands the options for identification cards available at the time of issuance; and
        (2) the type of identification card that the applicant selects.
   (c) Any person who knowingly makes a fraudulent written statement or application for an identification card concerning age, race, sex, or other identifying characteristics as required by the department is guilty of a misdemeanor.
   (d) It is a misdemeanor for any person to possess, use, produce, or manufacture a fraudulent identification card.
   (e) It is a misdemeanor for a person to allow an identification card issued to that person to be used by any other person.
   (f) A person who violates (c), (d), or (e) of this section is guilty of a misdemeanor punishable by a fine of $500 or 60 days in jail, or both.
   (g) If the person applying for the identification card provided for in (a) of this section is 60 years of age or older, charge may not be made for issuance of the card.
   (h) The department shall cancel the identification card of a person on whom a restriction has been imposed under AS 04.16.160 unless the person's identification card contains the information required by (i) of this section. A cancellation under this subsection remains in effect only during the period of time that the person is restricted from purchasing alcoholic beverages under AS 04.16.160.
   (i) The department shall, to the extent it is able, mark the identification card of an applicant who is restricted from purchasing alcoholic beverages under AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111. A person who has received a marked identification card under this subsection may apply for an unmarked card when the period of restriction under AS 04.16.160 has expired.
   (j) The department shall charge a fee of $50 for issuance of a marked identification card under (i) of this section.
   (k) An identification card issued to a person under 21 years of age expires 90 days after the person reaches 21 years of age.
   (l) At the request of the person, the department shall provide a veteran designation and United States flag replica on an identification card identifying the person as a retired veteran, a veteran of the armed forces of the United States discharged under honorable conditions, or a Hmong veteran or Lao veteran who served in military operations in support of the United States in the Kingdom of Laos between February 28, 1961, and May 15, 1975. The department may not charge a fee solely for the designation. To receive a veteran designation, the person shall provide proof of veteran status that shows the person is retired, was discharged under honorable conditions, or is a Hmong veteran or Lao veteran. The department shall consult with the Department of Military and Veterans' Affairs to determine the proof necessary to show that a person is a Hmong veteran or Lao veteran. With the approval of the person, the department shall make available to the Department of Military and Veterans' Affairs the name and address of a person receiving a veteran designation under this subsection. Notwithstanding (a) of this section, the department may charge a fee of $5 for replacement of a valid identification card with a new identification card with a veteran designation.
   (m) The department shall provide a method for a person to designate voluntarily on an identification card that the person has a disability, including a cognitive, mental, neurological, or physical disability, or a combination of those disabilities. The department shall create a discreet symbol to place on the identification card of a person requesting the designation. The method must provide a means by which the person may cancel the designation. The department may not charge a fee solely for the designation. To receive the designation, the person shall provide proof of the disability from a person licensed as a physician or physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced practice registered nurse under AS 08.68, or as a licensed psychologist under AS 08.86. Notwithstanding (a) of this section, the department may charge a fee of $5 for replacement of a valid identification card with a new identification card with a disability designation and may charge a fee of $5 for replacement of an identification card with a disability designation with a new identification card without a disability designation.
   (n) The department shall adopt regulations for the issuance of identification cards that are federally compliant. For identification cards that are federally compliant, the department
        (1) shall copy, scan, or retain only the minimum number of documents required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state or federal law, for issuance of an identification card that is federally compliant;
        (2) shall destroy, regularly and as close as practicable to 15 years after the date of application unless otherwise required by another applicable state or federal law, any documents retained under (1) of this subsection; and
        (3) may not copy, scan, or retain in any form a document that is not required to be retained under (1) of this subsection.
   (o) The department shall continue to issue identification cards that are not federally compliant. Nothing in this section or regulations adopted under this section requires a person to be issued an identification card that is federally compliant. An applicant must clearly request an identification card that is federally compliant to obtain one. The state or a municipal government may not require a person to possess or use an identification card that is federally compliant unless the person is a state or municipal employee and the duties of the person's job require the use of an identification card that is federally compliant. The state or a municipal government shall otherwise treat an identification card that is not federally compliant the same as an identification card that is federally compliant. For an identification card that is not federally compliant, the department
        (1) shall retain an image of the face on the identification card for not more than 15 years after the date of application; if an applicant does not receive an identification card, the department may not retain an image of the applicant's face;
        (2) shall scan and retain only the minimum documents necessary for issuance of the identification card; the department shall destroy any documents retained one year after the identification card expires.
   (p) An identification card expires on the person's birthday in the eighth year following issuance of the identification card. An identification card may be renewed within one year of its expiration upon proper application and payment of the required fee. An identification card may be renewed by mail or on the department's Internet website, except that an identification card may not be renewed by mail or on the department's Internet website if the most recent renewal of the applicant's identification card was by mail or on the department's Internet website. Under regulations adopted by the department, the department may issue to a person an identification card with a duration of less than eight years if the person is authorized to stay in the United States for less than eight years or if the period of authorized stay is indefinite. The department shall issue the identification card for the period of the authorized stay. If the period of authorized stay is indefinite, the department shall issue the identification card with a validity of up to eight years.
   (q) The department shall provide public information about the differences between identification cards and identification cards that are federally compliant. The department shall also provide the information to applicants for new and renewal identification cards at the time of application. At a minimum, the information must include a description of
        (1) each type of identification card;
        (2) the storage and sharing process for an applicant's information for an identification card and an identification card that is federally compliant; and
        (3) the official purpose and limitations on the use of each type of identification card, including a description of the purposes for which an identification card that is federally compliant may be required and a description of alternatives to using an identification card that is federally compliant to serve those purposes.
   (r) In this section, “identification card that is federally compliant” means an identification card issued by the state that has been certified by the United States Department of Homeland Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of 2005).