Alaska 2023-2024 Regular Session

Alaska Senate Bill SB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled SB 119
2		-	LAWS OF ALASKA
3	1
4		-	2023
	2	+	SB0119A -1- SB 119
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
5	4
6		-
7		-
8		-	Source Chapter No.
9		-	SB 119 _______
10		-
11		-
12		-
13		-
14		-	AN ACT
15		-
16		-	Relating to state identifications and driver's licenses for persons in the custody of the
17		-	Department of Corrections; relating to state identifications issued by the Department of
18		-	Corrections; relating to the duties of the commissioner of corrections; relating to misconduct
19		-	involving confidential information; relating to voter identification; relating to identification
20		-	for fishing permits; relating to identification for debtor financing statements; and providing
21		-	for an effective date.
22		-
23		-
24		-	_______________
25		-
26		-
27		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
28		-
29		-
30		-
31		-	THE ACT FOLLOWS ON PAGE 1
32		-	-1- Enrolled SB 119
	5	+	33-LS0711\A
33	6
34	7
35	8
36	9
37	10
	11	+	SENATE BILL NO. 119
	12	+
	13	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
	14	+
	15	+	THIRTY-THIRD LEGISLATURE - FIRST SESSION
	16	+
	17	+	BY SENATOR MYERS
	18	+
	19	+	Introduced: 3/31/23
	20	+	Referred: State Affairs
38	21
39	22
	23	+	A BILL
40	24
	25	+	FOR AN ACT ENTITLED
41	26
42		-
43		-
44		-
45		-
46		-
47		-
48		-
49		-
50		-
51		-
52		-
53		-	AN ACT
54		-
55		-
56		-	Relating to state identifications and driver's licenses for persons in the custody of the 1
57		-	Department of Corrections; relating to state identifications issued by the Department of 2
58		-	Corrections; relating to the duties of the commissioner of corrections; relating to misconduct 3
59		-	involving confidential information; relating to voter identification; relating to identification 4
60		-	for fishing permits; relating to identification for debtor financing statements; and providing 5
61		-	for an effective date. 6
62		-	_______________ 7
	27	+	"An Act relating to state identifications and driver's licenses for persons in the custody 1
	28	+	of the Department of Corrections; relating to state identifications issued by the 2
	29	+	Department of Corrections; relating to the duties of the commissioner of corrections; 3
	30	+	relating to misconduct involving confidential information; relating to voter 4
	31	+	identification; relating to identification for fishing permits; relating to identification for 5
	32	+	debtor financing statements; and providing for an effective date." 6
	33	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
63	34		* Section 1. AS 11.76.115(c) is amended to read: 8
64	35		(c) In this section, "confidential information" includes 9
65	36		(1) information that has been classified confidential by law; 10
66	37		(2) information encoded on an access device, identification card issued 11
67	38		under AS 18.65.310 or AS 33.30.105, or driver's license.
68	39		12
69		-	* Sec. 2. AS 15.07.055(e) is amended to read: 13
70		-	Enrolled SB 119 -2-
	40	+	* Sec. 2. AS 15.07.055(e) is amended to read: 13 33-LS0711\A
	41	+	SB 119 -2- SB0119A
	42	+	New Text Underlined [DELETED TEXT BRACKETED]
	43	+
71	44		(e) The director shall enter into an agreement with the Department of 1
72	45		Administration, the Department of Corrections, and the Department of Revenue to 2
73	46		match identifying information provided by a voter with existing identification records 3
74	47		(1) maintained by the administrative component of the Department of 4
75	48		Administration that administers motor vehicle and driver's license laws, by the 5
76	49		administrative component of the Department of Corrections that issues 6
77	50		identification cards, and by the administrative component of the Department of 7
78	51		Revenue that administers the permanent fund dividend laws; and 8
79	52		(2) bearing the same identifying number, name, and date of birth 9
80	53		provided on the registration. 10
81	54		* Sec. 3. AS 16.10.267(c) is amended to read: 11
82	55		(c) Examples of a suitable identification card required under (a)(2) and (d)(2) 12
83	56		of this section are a motor vehicle operator's license issued under AS 28.15.111, 13
84	57		[AND] an identification card issued under AS 18.65.310, and an identification card 14
85	58		issued under AS 33.30.105. 15
86	59		* Sec. 4. AS 33.30.011(a) is amended to read: 16
87	60		(a) The commissioner shall 17
88	61		(1) establish, maintain, operate, and control correctional facilities 18
89	62		suitable for the custody, care, and discipline of persons charged or convicted of 19
90	63		offenses against the state or held under authority of state law; each correctional facility 20
91	64		operated by the state shall be established, maintained, operated, and controlled in a 21
92	65		manner that is consistent with AS 33.30.015; 22
93	66		(2) classify prisoners; 23
94	67		(3) for persons committed to the custody of the commissioner, 24
95	68		establish programs, including furlough programs that are reasonably calculated to 25
96	69		(A) protect the public and the victims of crimes committed by 26
97	70		prisoners; 27
98	71		(B) maintain health; 28
99	72		(C) create or improve occupational skills; 29
100	73		(D) enhance educational qualifications; 30
101		-	(E) support court-ordered restitution; and 31
102		-	-3- Enrolled SB 119
	74	+	(E) support court-ordered restitution; and 31 33-LS0711\A
	75	+	SB0119A -3- SB 119
	76	+	New Text Underlined [DELETED TEXT BRACKETED]
	77	+
103	78		(F) otherwise provide for the rehabilitation and reformation of 1
104	79		prisoners, facilitating their reintegration into society; 2
105	80		(4) provide necessary 3
106	81		(A) medical services for prisoners in correctional facilities or 4
107	82		who are committed by a court to the custody of the commissioner, including 5
108	83		examinations for communicable and infectious diseases; 6
109	84		(B) psychological or psychiatric treatment if a physician or 7
110	85		other health care provider, exercising ordinary skill and care at the time of 8
111	86		observation, concludes that 9
112	87		(i) a prisoner exhibits symptoms of a serious disease or 10
113	88		injury that is curable or may be substantially alleviated; and 11
114	89		(ii) the potential for harm to the prisoner by reason of 12
115	90		delay or denial of care is substantial; and 13
116	91		(C) assessment or screening of the risks and needs of offenders 14
117	92		who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 15
118	93		alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 16
119	94		disorder; 17
120	95		(5) establish minimum standards for sex offender treatment programs 18
121	96		offered to persons who are committed to the custody of the commissioner; 19
122	97		(6) provide for fingerprinting in correctional facilities in accordance 20
123	98		with AS 12.80.060; 21
124	99		(7) establish a program to conduct assessments of the risks and needs 22
125	100		of offenders sentenced to serve a term of incarceration of 90 days or more; the 23
126	101		program must include a requirement for an assessment before a prisoner's release on 24
127	102		parole, furlough, or electronic monitoring from a correctional facility; 25
128	103		(8) establish a procedure that provides for each prisoner required to 26
129	104		serve an active term of imprisonment of 90 days or more a written case plan that 27
130	105		(A) takes effect and is provided to the prisoner within 90 days 28
131	106		after sentencing; 29
132	107		(B) is based on the results of the assessment of the prisoner's 30
133		-	risks and needs under (7) of this subsection; 31
134		-	Enrolled SB 119 -4-
	108	+	risks and needs under (7) of this subsection; 31 33-LS0711\A
	109	+	SB 119 -4- SB0119A
	110	+	New Text Underlined [DELETED TEXT BRACKETED]
	111	+
135	112		(C) includes a requirement to follow the rules of the institution; 1
136	113		(D) is modified when necessary for changes in classification, 2
137	114		housing status, medical or mental health, and resource availability; 3
138	115		(E) includes participation in programming that addresses the 4
139	116		needs identified in the assessment; 5
140	117		(9) establish a program to begin reentry planning with each prisoner 6
141	118		serving an active term of imprisonment of 90 days or more; reentry planning must 7
142	119		begin at least 90 days before release on furlough or probation or parole; the reentry 8
143	120		program must include 9
144	121		(A) a written reentry plan for each prisoner completed upon 10
145	122		release on furlough or probation or parole that includes information on the 11
146	123		prisoner's proposed 12
147	124		(i) residence; 13
148	125		(ii) employment or alternative means of support; 14
149	126		(iii) treatment options; 15
150	127		(iv) counseling services; 16
151	128		(v) education or job training services; 17
152	129		(B) any other requirements for successful transition back to the 18
153	130		community, including electronic monitoring or furlough for the period between 19
154	131		a scheduled parole hearing and parole eligibility; 20
155	132		(C) coordination with the Department of Labor and Workforce 21
156	133		Development to provide access, after release, to job training and employment 22
157	134		assistance; and 23
158	135		(D) coordination with community reentry coalitions or other 24
159	136		providers of reentry services if available; 25
160	137		(10) for offenders under electronic monitoring, establish 26
161	138		(A) minimum standards for electronic monitoring, which may 27
162	139		include the requirement of active, real-time monitoring using global 28
163	140		positioning systems; and 29
164	141		(B) procedures for oversight and approving electronic 30
165		-	monitoring programs and systems provided by private contractors; 31
166		-	-5- Enrolled SB 119
	142	+	monitoring programs and systems provided by private contractors; 31 33-LS0711\A
	143	+	SB0119A -5- SB 119
	144	+	New Text Underlined [DELETED TEXT BRACKETED]
	145	+
167	146		(11) ensure [ASSIST] a prisoner has [IN OBTAINING] a valid state 1
168	147		identification card upon the prisoner's release; if the prisoner does not have a valid 2
169	148		state identification card before the prisoner's release, [;] the department shall issue the 3
170	149		prisoner a valid state identification card under AS 33.30.105 and pay the 4
171	150		application fee for an [THE] identification card issued under AS 18.65.310; 5
172	151		(12) provide to the legislature, by electronic means, by January 10 6
173	152		preceding the first regular session of each legislature, a report summarizing the 7
174	153		findings and results of the program established under (7) of this subsection; the report 8
175	154		must include 9
176	155		(A) the number of prisoners who were provided with written 10
177	156		case plans under (8) of this subsection; 11
178	157		(B) the number of written case plans under (8) of this 12
179	158		subsection initiated within the preceding year; and 13
180	159		(C) the number of written case plans under (8) of this 14
181	160		subsection that were updated in the preceding year; and 15
182	161		(13) enter into an agreement with the Department of Family and 16
183	162		Community Services, consistent with the provisions of AS 47.12.105, for the 17
184	163		detention and care of a minor who is waived into adult court under AS 47.12.030 or 18
185	164		47.12.100. 19
186	165		* Sec. 5. AS 33.30 is amended by adding a new section to read: 20
187	166		Sec. 33.30.105. Identification cards. (a) The department shall issue an 21
188	167		identification card identical to the motor vehicle operator's license provided for in 22
189	168		AS 28.15.111, except that the card must be a different color and shall state in bold 23
190	169		type letters on its face that it is for identification purposes only. The department may 24
191	170		only issue an identification card to a prisoner before the prisoner's release. The 25
192	171		identification card must display 26
193	172		(1) a distinguishing number assigned to the identification card; 27
194	173		(2) the prisoner's full name, date of birth, brief physical description, 28
195	174		and photograph; 29
196	175		(3) either a facsimile of the signature of the prisoner or a space on 30
197		-	which the prisoner shall write the prisoner's usual signature with pen and ink; 31
198		-	Enrolled SB 119 -6-
	176	+	which the prisoner must write the prisoner's usual signature with pen and ink; 31 33-LS0711\A
	177	+	SB 119 -6- SB0119A
	178	+	New Text Underlined [DELETED TEXT BRACKETED]
	179	+
199	180		(4) physical security features designed to prevent tampering, 1
200	181		counterfeiting, or duplication of the document for fraudulent purposes; 2
201	182		(5) for a qualified prisoner who is under 21 years of age, the words 3
202	183		"UNDER 21"; and 4
203	184		(6) a statement that the identification card is not a valid identification 5
204	185		card for the purpose of purchasing alcoholic beverages. 6
205	186		(b) An identification card may not display the prisoner's social security 7
206	187		number and is not valid until signed by the prisoner. If facilities are not available for 8
207	188		the taking of the photograph required under this section, the department shall endorse 9
208	189		on the identification card the words "valid without photograph." 10
209	190		(c) An identification card issued under this section expires 180 days after 11
210		-	issuance or, if issued to a person under 21 years of age, 90 days after the person 12
	191	+	issuance, or, if issued to a person under 21 years of age, 90 days after the person 12
211	192		reaches 21 years of age, whichever occurs first. 13
212	193		(d) A person may not 14
213	194		(1) knowingly make a fraudulent written statement or application for 15
214	195		an identification card concerning age, race, sex, or other identifying characteristics as 16
215	196		required by the department; 17
216	197		(2) possess, use, produce, or manufacture a fraudulent identification 18
217	198		card; 19
218	199		(3) allow an identification card issued to that person to be used by 20
219	200		another person. 21
220	201		(e) A person who violates (d) of this section is guilty of a misdemeanor 22
221	202		punishable by a fine of $500 or 60 days in jail, or both. 23
222	203		* Sec. 6. AS 45.29.503(a) is amended to read: 24
223	204		(a) A financing statement sufficiently provides the name of the debtor 25
224	205		(1) except as otherwise provided in (3) of this subsection, if the debtor 26
225	206		is a registered organization or the collateral is held in a trust that is a registered 27
226	207		organization, only if the financing statement provides the name that is stated to be the 28
227	208		registered organization's name on the public organic record most recently filed with or 29
228	209		issued or enacted by the registered organization's jurisdiction of organization that 30
229		-	purports to state, amend, or restate the registered organization's name; 31
230		-	-7- Enrolled SB 119
	210	+	purports to state, amend, or restate the registered organization's name; 31 33-LS0711\A
	211	+	SB0119A -7- SB 119
	212	+	New Text Underlined [DELETED TEXT BRACKETED]
	213	+
231	214		(2) subject to (f) of this section, if the collateral is being administered 1
232	215		by the personal representative of a decedent, only if the financing statement provides, 2
233	216		as the name of the debtor, the name of the decedent and, in a separate part of the 3
234	217		financing statement, indicates that the collateral is being administered by a personal 4
235	218		representative; 5
236	219		(3) if the collateral is held in a trust that is not a registered 6
237	220		organization, only if the financing statement 7
238	221		(A) provides, as the name of the debtor, 8
239	222		(i) if the organic record of the trust specifies a name for 9
240	223		the trust, the name specified; or 10
241	224		(ii) if the organic record of the trust does not specify a 11
242	225		name for the trust, the name of the settlor or testator; and 12
243	226		(B) in a separate part of the financing statement, 13
244	227		(i) if the name is provided in accordance with (A)(i) of 14
245	228		this paragraph, indicates that the collateral is held in a trust; or 15
246	229		(ii) if the name is provided in accordance with (A)(ii) of 16
247	230		this paragraph, provides additional information sufficient to distinguish 17
248	231		the trust from other trusts having one or more of the same settlors or the 18
249	232		same testator and indicates that the collateral is held in a trust, unless 19
250	233		the additional information so indicates; 20
251	234		(4) if the debtor is an individual, only if the financing statement 21
252	235		provides 22
253	236		(A) the individual name of the debtor; 23
254	237		(B) the surname and first personal name of the debtor; or 24
255	238		(C) subject to (g) of this section, the name of the individual that 25
256	239		is indicated on an unexpired driver's license that this state has issued to the 26
257	240		individual or on an unexpired identification card issued to the individual under 27
258	241		AS 18.65.310 or AS 33.30.105; and 28
259	242		(5) in other cases, if the debtor 29
260	243		(A) has a name, only if the financing statement provides the 30
261		-	organizational name of the debtor; and 31
262		-	Enrolled SB 119 -8-
	244	+	organizational name of the debtor; and 31 33-LS0711\A
	245	+	SB 119 -8- SB0119A
	246	+	New Text Underlined [DELETED TEXT BRACKETED]
	247	+
263	248		(B) does not have a name, only if the financing statement 1
264	249		provides the names of the partners, members, associates, or other persons of 2
265	250		which the debtor is composed, in a manner that each name provided would be 3
266	251		sufficient if the person named were the debtor. 4
267	252		* Sec. 7. AS 45.29.503(g) is amended to read: 5
268	253		(g) If this state has issued to an individual more than one driver's license, more 6
269	254		than one identification card under AS 18.65.310 or AS 33.30.105, or both an 7
270	255		identification card under AS 18.65.310 or AS 33.30.105 and a driver's license, the 8
271	256		driver's license or identification card that was issued the most recently is the one to 9
272	257		which (a)(4)(C) of this section refers. 10
273	258		* Sec. 8. This Act takes effect January 1, 2024. 11