Legislature(2017 - 2018)GRUENBERG 120
03/14/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB82 | |
| HB74 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 112 | TELECONFERENCED | |
| += | HB 82 | TELECONFERENCED | |
| *+ | HB 94 | TELECONFERENCED | |
| + | SB 46 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 74 | TELECONFERENCED | |
HB 74-DRIVER'S LICENSE & ID CARDS & REAL ID AC
3:42:55 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 74, "An Act relating to the
implementation of the federal REAL ID Act of 2005; and relating
to issuance of identification cards and driver's licenses; and
providing for an effective date."
3:43:38 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association
(ATA), testified in support of HB 74. He mentioned that ATA is
a statewide organization representing the interests of nearly
200-member companies from Barrow to Ketchikan. He stated that
freight movement is an essential element of the economy and
impacts everyone. He offered that HB 74 provides for a
compliant REAL ID driver's license in addition to Alaska's
current non-compliant federal REAL ID driver's license. He
noted that the proposed legislation would impact commercial
driver's licenses (CDLs). He relayed that the Division of Motor
Vehicles (DMV) web page shows a total of nearly 33,000 Alaska
CDL holders, and there are thousands of commercial vehicle
drivers not required to hold CDLs because of the weight of their
trucks. He maintained that many commercial drivers, both CDL
and non-CDL, need to enter military installations during their
daily deliveries. The deliveries include food, fuel, consumer
goods, military material, and all things necessary to supply a
small city, while providing for the national defense.
MR. THOMPSON stated that in the Anchorage area, many CDL holders
have a Transportation Workers Identification Credential (TWIC)
card, which is a requirement for unescorted access into the Port
of Anchorage. He added that the TWIC card is a requirement of
the U.S. Coast Guard (USCG), the Transportation Security
Administration (TSA), and the Department of Homeland Security
(DHS), and serves as a REAL ID under the federal REAL ID Act of
2005 ("REAL ID Act"). He added that the large number of CDL
holders in the state suggests that the impact of not offering a
compliant CDL or another driver's license would be considerable.
MR. THOMPSON testified that military installations are governed
by federal rules, and after June 6, 2017, Alaska-issued driver's
licenses and CDL licenses will no longer be accepted as a form
of acceptable identification (ID) [for access to military
installations]. He stated that drivers needing access to
military bases would need to obtain a federally recognized form
of ID - a TWIC card, a passport, a military retiree card, or a
military ID. A TWIC card costs more than $100, and it takes
four to six weeks for the card to be issued. Passports also
cost money and take time for issuance.
MR. THOMPSON related that there would be an impact of the REAL
ID Act on many Alaskan drivers needing access to military bases.
Although TWIC card holders are common in Anchorage, many drivers
do not have them. In Fairbanks and the Interior, drivers
typically do not have TWIC cards, because they do not need to
access the port of Anchorage.
MR. THOMPSON stressed that the provisions of the proposed
legislation are a "big deal for us." He offered that he
understands concerns about privacy issues and people not wanting
an additional ID, but he reiterated that DMV has presented
options - either a compliant REAL ID driver's license or a non-
compliant REAL ID driver's license. He added that this gives
Alaskans the choice. He suggested that June 6, 2017, is just a
few months away, and DHS will not give Alaska more extensions.
He urged the committee to take swift action on HB 74.
3:49:24 PM
REPRESENTATIVE LEDOUX questioned why - if this is "such a big
deal" and the deadline is looming - people can't just get TWIC
or passport cards. She added that the passport card only costs
$50 and is good for 10 years.
MR. THOMPSON answered that the TWIC card costs over $100, a
passport is $50, and they both take time to obtain. He
suggested that $50 is a great deal of money to some of the
drivers. He added that ATA is waiting to see if HB 74 passes,
and it is not reasonable to expect truck drivers to obtain
another form of ID in the meantime.
3:51:29 PM
REPRESENTATIVE KNOPP referred to the letter dated January 31,
2017, submitted by Mr. Thompson and included in the committee
packet, and asked if ATA had concerns with HB 74.
MR. THOMPSON responded that no, ATA did not oppose HB 74.
REPRESENTATIVE KNOPP asked for clarification that TWIC cards
were an acceptable form of ID to access military bases.
MR. THOMPSON answered yes.
REPRESENTATIVE KNOPP asked if enrollment in TSA Pre9® authorizes
access to military bases.
MR. THOMPSON stated that it was his understanding that TSA Pre9®
and [U.S. Customs and Border Protection (CBP)] Global Entry
programs are both acceptable forms of federal ID; however, there
are fees involved.
REPRESENTATIVE KNOPP asked for verification that operating a
vehicle having a gross vehicle weight (GVW) of 10,000 pounds and
under does not require a commercial license.
MR. THOMPSON responded that a Class A CDL is required for
operating a vehicle having a GVW of 26,000 pounds or more, and
Class B and Class C CDLs cover lower GVW ratings.
REPRESENTATIVE KNOPP relayed that he received a notice from DMV
stating that the REAL ID Act demands CDL drivers provide proof
of citizenship. He suggested either CDL drivers will need to
comply with the Act regardless of whether HB 74 passes or DMV
has issued the requirement prematurely. He asked if Mr.
Thompson had any information on DMV's notice.
MR. THOMPSON responded that he did not.
3:55:29 PM
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), responded that recently the
federal government mandated that CDL drivers must show proof of
citizenship. It is a requirement, but does not constitute REAL
ID compliance.
REPRESENTATIVE KNOPP asked why fulfilling that requirement would
not make a person REAL ID compliant.
MS. THOMPSON said that even though it is the same documentation
that would be needed to obtain a REAL ID, the difference is that
Alaska is not a REAL ID-compliant state. If HB 74 passes, it
would be quick and easy for the CDL holder to obtain a REAL ID,
having already provided the proof of citizenship.
3:56:34 PM
REPRESENTATIVE WOOL expressed his understanding that the
critical difference for obtaining a REAL ID versus obtaining a
regular driver's license is not the documentation, but the
verification of that documentation.
3:58:01 PM
MINTA MONTALBO, Special Assistant, Office of the Commissioner,
Department of Administration (DOA), answered that is correct.
She said that providing proof of citizenship for a CDL is a
federal requirement, and even though it is the same
documentation that is required for REAL ID, the CDL would not be
an acceptable ID for TSA unless Alaska becomes a REAL ID state.
REPRESENTATIVE TUCK asked if in the eight years since the REAL
ID Act was passed, ATA has made any effort on the federal level
to try to reverse the highly debated Act.
MR. THOMPSON answered that ATA has made some effort to minimize
the impact of the Act, but he is not aware of any organized
effort to repeal it. He mentioned that there have been
objections from states as evidenced by the fact that 26 states
have not complied with the REAL ID Act.
REPRESENTATIVE TUCK expressed his belief that the requirements
that the REAL ID Act is imposing are unfair to drivers, workers,
Alaskans, and Americans. He stated his desire to explore
efforts in applying pressure at the federal level to allow
Americans to have access [to federal installations] and to
travel.
MR. THOMPSON said that ATA's position is that it has lost this
fight and, at this point, can only comply with the federal
requirements. He mentioned that even though ATA is willing to
pursue applying pressure at the federal level, there is a June
6, 2017, deadline, and the failure of the Alaska State
Legislature to act would put ATA in a bind.
REPRESENTATIVE TUCK added that it is not the Alaska State
Legislature that is putting ATA in a bind, but the federal
government.
4:01:05 PM
BRIAN DUFFY, Director, Administrative Services Division (ASD),
Department of Military & Veterans' Affairs (DMVA), stated that
Joint Base Elmendorf-Richardson (JBER) currently is complying
with provisions of the REAL ID Act. He said, "Visitors who wish
to obtain unescorted access and do not have [U.S. Department of
Defense] (DoD) identification cards or others which are
compliant with REAL ID Act are being denied entry or being
required to be escorted by a ... DoD ID card holder while on the
[military] installation." This includes individuals with
driver's licenses from Maine, Missouri, and Montana, and those
with non-enhanced licenses from Minnesota and Washington. He
attested that if there is no change in Alaska statutes by the
expiration date of June 6, 2017, then Alaska driver's licenses
will be designated as insufficient. He added that ID cards from
six additional states will also be added to the list of ID cards
designated as insufficient, assuming no change occurs in those
states. Maine and Montana were added to that list at the end of
January 2017. He maintained that installations have no waiver
authority, and there is no expectation that they would pursue
any.
MR. DUFFY stated that not everyone needing access to Alaska
installations has DoD ID cards. He mentioned that JBER has some
50 mission partners - some federal, some state, and some a
combination of public and private organizations. Base leaders
estimate approximately 14,000 contractors and local service
providers may be affected [if Alaska does not become REAL ID
compliant], and alternative forms of ID would be required for
access to the military installation. He asserted that it would
be highly unreasonable to assume that the installation would
provide escorts for all of these visitors. He mentioned there
are other organizations that are affected, such as those
employed to move military families onto or off military
installations. He added that on JBER, all 3,262 military family
housing units are privatized; they are operated and owned by a
private organization. Consequently, there is an associated
workforce that requires access to the installation.
Additionally, DMVA, which is headquartered on the Richardson
side of JBER, encompasses a 260-person organization.
MR. DUFFY explained that currently all of these people serving
JBER are issued Defense Biometrics Identification System (DBIDS)
cards, which allow them to have unescorted access to the
military installation. To get that card, they must produce a
REAL ID-compliant form of ID for verification. Those cards will
be allowed to expire at their normal expiration dates. He
stated that if HB 74 does not pass, all the people with DBIDS
cards who wish to maintain unescorted access to the installation
and, in many cases, need access to be able to report to work,
would have to submit other forms of ID sufficient for issuance
of DBIDS cards.
4:05:34 PM
REPRESENTATIVE LEDOUX asked how the states that are not REAL ID
compliant are handling the dire situation that Mr. Duffy
described.
MR. DUFFY responded that 24 states have complied with the REAL
ID Act. He added that for those states that have not, their
driver's licenses are insufficient to allow unescorted access to
military installations. He gave the example of Joint Base
Lewis-McChord, south of Spokane, Washington, which issues about
220,000 passes per year. If a person's only ID is from a non-
REAL ID-compliant state, he/she is not allowed unescorted access
to the base. He/she must have a sponsor or will be turned away.
In response to Representative LeDoux, he conceded that he did
not know what is done regarding workers who need access to the
base.
4:06:55 PM
REPRESENTATIVE KNOPP recommended that the military installations
in Alaska look at "Plan B" to ensure suppliers have access to
military bases, in case HB 74 does not pass.
MR. DUFFY relayed that military bases are federal facilities,
not state facilities, so DMVA has limited opportunity to adjust
the federal posture on REAL ID. He added that the military
installations in Alaska would comply with the federal
requirements, as other states have done, and convey to workers
what they will need to do to work on base.
4:07:58 PM
REPRESENTATIVE TUCK mentioned that Minnesota's REAL ID bill was
blocked on March 6, 2017. He asked if Minnesota has military
bases.
MR. DUFFY answered that he did not believe Minnesota had any
active installations, but may have [U.S. National] Guard or
[military] reserve installations. He stated that both
Washington and Minnesota have the enhanced version option of a
driver's license, which is compliant with the REAL ID Act and
can be used for unescorted access to federal installations.
REPRESENTATIVE TUCK stated that the Minnesota legislature
rejected some measure of REAL ID on March 6 by a vote of 29-38.
He relayed that if Minnesota does not [enact] a change to its
driver's licenses, residents will need additional IDs or
enhanced driver's licenses to access federal facilities.
MR. DUFF, in response to Representative Tuck, explained that
DBIDS cards are for those with a recurring need to access
military installations, and the card is valid for one year.
REPRESENTATIVE TUCK asked if a passport is an acceptable ID for
obtaining a DBIDS card.
MR. DUFFY answered yes.
4:10:43 PM
REPRESENTATIVE KNOPP asked if a person could enter a military
facility with just a passport. He suggested that if the
passport has not been verified, then it would not be REAL ID
compliant.
REPRESENTATIVE WOOL expressed his understanding that in the
past, DMV would have taken an ID at face value, whereas
currently, DMV verifies that ID through a connection with other
databases. He suggested that a passport would suffice for
access to federal facilities, but it is not a REAL ID.
4:12:20 PM
REPRESENTATIVE TUCK said that Alaska used to send documentation
for driver's licenses to Fairbanks to be held in the Alaska
State Troopers' barracks, before the current practice of sending
it to Indiana. He maintained that the files were secure but not
electronic. He expressed his understanding that under the REAL
ID Act, the files would be transferred to a database through
connection with a "hub," along with every other state. The data
would be centralized, maintained securely by a private
organization, and used for the verification process. He added
that the documents are stored as images for up to five years,
regardless of whether the documentation results in a REAL ID.
He suggested that security and privacy remain issues in this
scenario in which private entities have access to information in
a central location.
MR. DUFFY mentioned that he would approach JBER officials
regarding Representative Knopp's question about the process that
is used to convert a compliant ID into a DBIDS card.
REPRESENTATIVE KNOPP reiterated that he is interested in finding
out if a passport allows access to a military base or if it is
the verification of the passport that allows access, as
suggested by Representative Wool.
4:15:43 PM
MS. THOMPSON explained that currently DMV personnel view
documents and take them at face value. She said that under HB
74, personnel would examine each document to determine if it is
a compliant document. She stated that storage of the records
would be required, but there are currently regulations requiring
storage of records, so it is already being done. She added that
the records are stored at DMV; they do not go Outside; DMV
shares as little as possible; and they are kept for seven years.
4:17:47 PM
REPRESENTATIVE WOOL relayed that currently DMV scans and stores
documents electronically, and the data is not shared with an
outside entity. He asked if, in the future under the REAL ID
Act, the process would remain the same or if the data would be
stored in a central database.
MS. THOMPSON replied that the data is maintained on local
servers and is not shared Outside. She attested that with REAL
ID, that practice would be the same.
4:18:52 PM
REPRESENTATIVE LEDOUX asked if any of the states refusing to
implement REAL ID have military bases and, if so, how have the
military bases dealt with this situation.
MR. DUFFY responded that Fort Leavenworth in Missouri is a
federal installation in a non-compliant state. He maintained
that in response to this situation, the installation refuses
unescorted access to anyone without a REAL ID-compliant form of
ID.
REPRESENTATIVE LEDOUX asked what military base personnel in
Alaska are doing to ensure access to military bases. She
offered that not only do people need to access military bases,
but the military bases need the people to come onto the base.
She asked what provisions the military is planning to ensure it
can bring people on base who are needed.
MR. DUFFY responded that one of two things would happen: the
individual requesting unescorted access would be turned away, or
an escort would be found. He added that the latter would not be
a sustainable solution for the long term. He suggested that a
third option is that the individual desiring unescorted access
obtains a REAL ID-compliant ID.
REPRESENTATIVE LEDOUX asked if the individual could get the REAL
ID-compliant ID from the military.
MR. DUFFY answered that an individual could obtain a DBIDS card
but would need to provide a REAL ID-compliant form of ID to
vouch for his/her credentials before he/she is issued the card.
REPRESENTATIVE LEDOUX asked if a person in a non-compliant state
who does not have a passport could get the DBIDS card.
MR. DUFFY responded that he does not think so but would find
out.
4:22:21 PM
REPRESENTATIVE WOOL asked for clarification on the dates of the
REAL ID waiver period.
MR. DUFFY answered that currently the normal process allows
access to the military bases, but after June 6, absent any
change in the statute, access to military bases may be
different.
4:23:35 PM
REPRESENTATIVE TUCK asked about access to a military base for
children accompanied by a parent with a passport.
MR. DUFFY explained that through the current process, DoD
dependent children age 10 and older are issued DoD ID cards.
For children of civilians, ID credentials are validated for
those age 16 and older; for those under age 16, access is
allowed without validated credentials.
REPRESENTATIVE TUCK reiterated that a military dependent
automatically gets an ID card at age 10. He asked what
documentation is needed for that child to be issued an ID card.
MR. DUFFY replied that a birth certificate is required to
register a child in the Defense Enrollment Eligibility Reporting
System (DEERS) shortly after birth. He explained that DEERS
contains details on military members and their families and
allows military dependents to draw entitlements.
REPRESENTATIVE TUCK asked for confirmation: children of a
civilian on base need to show ID if age 16 or older, but not if
under age 16.
MR. DUFFY replied that was the threshold when he was in command,
but he would verify that with military personnel on base.
4:27:45 PM
TOM ROTH, Chief Operating Officer, Anchorage School District
(ASD), stated that on behalf of Dr. Deena Bishop, Superintendent
of ASD, he was testifying to express the district's endorsement
of HB 74. He provided information and analysis concerning the
impact of federal implementation of Phase 3 of the REAL ID Act
on ASD.
MR. ROTH relayed that ASD provides education to 1,597 students
at five elementary schools located on the JBER installation.
Most of these students are dependents of active duty U.S. Army
soldiers and U.S. Air Force airmen. He said the district's
information technology (IT) department, which is inclusive of
the district's data infrastructure in its entirety, is located
on JBER in the Kennedy Data Center. He added that JBER is also
home to the district's fine arts department.
MR. ROTH stated that the district's Pupil Transportation
Department buses 26 special needs students from JBER to schools
throughout the district and 513 secondary school students to
middle and high schools in Eagle River and Anchorage. At any
given time during the standard school day, up to 500 ASD
employees support JBER activities, schools, and students.
MR. ROTH asserted that the district's mission on JBER is
holistic and comprehensive. He added that although the five
elementary schools and the Kennedy Data Center reside on a
federal installation, ASD employees: provide education to all
students; provide administrative oversight to school staff;
maintain, repair, and clean all ASD facilities and equipment;
perform and manage construction projects; manage and maintain
networks; and generally, perform all functions expected of a
neighborhood elementary school. He said, "Simply put, our
mission on JBER, educating all students for success in life, is
an imperative, and it requires access for all ASD employees,"
including those who substitute teach or work part-time.
MR. ROTH emphasized that now is the time for ASD to act to
sustain its JBER mission. He related that the district will
mandate current and new employees without REAL ID-compliant IDs
to obtain such IDs in early April. This is a necessary and
timely action to allow sufficient processing time for employees
to receive compliant IDs before the June 6 implementation date.
He asked for timely legislative action to enact HB 74.
4:31:16 PM
REPRESENTATIVE KNOPP asked if all the 1,597 school children are
children of military personnel living on base.
MR. ROTH responded that of that number, there are about 100
students who are dependents of civilian personnel and reside in
JBER housing.
REPRESENTATIVE KNOPP asked if children age 10 and older will be
required to have biometric cards or REAL IDs.
MR. ROTH, referring to Mr. Duffy's testimony, stated that
dependents of military personnel are not required to have any ID
until age 10, at which time their parents must obtain ID cards
for them. He said that those children would already be enrolled
in DEERS. He explained that DBIDS is for youth age 16 and older
to gain access to military installations.
4:33:12 PM
REPRESENTATIVE TUCK referred to the busloads of children coming
on base and asked if only the bus driver would need a REAL ID
and if there is or would be any complication for children
accessing the military bases.
MR. ROTH replied that currently only the bus drivers are
obligated to present their IDs to access the base; there is no
requirement for students. He said that he didn't know if that
requirement would change when Phase 3 is implemented on June 6.
4:35:39 PM
REPRESENTATIVE TUCK relayed that current Alaska law states that
DOA shall not spend any money to implement the REAL ID Act. He
asked if the State of Alaska has entered an agreement with the
American Association of Motor Vehicle Administrators (AAMVA)
regarding a state-to-state verification system.
MS. THOMPSON answered that AAMVA is a non-profit, "best
practices" organization of all the states and provinces that
offer driver's licenses. The agreement with AAMVA does not
commit Alaska to implementing REAL ID but provides states with
access to databases containing information useful to states.
REPRESENTATIVE TUCK mentioned that Alaska DMV currently is
exchanging information through AAMVA and asked if it can obtain
information from other states as well.
MS. THOMPSON answered that DMV does not connect with AAMVA
directly but uses the data connections within AAMVA to verify
data such as social security numbers (SSNs). She stated that
DMV can verify data through queries but does not share data.
REPRESENTATIVE TUCK asked if DMV has signed a contract with
AAMVA to get access to SSNs, because it has been difficult to
work directly with the Social Security Administration (SSA).
MS. THOMPSON responded that DMV does not have a contract with
AAMVA. She stated that the state DMVs worked with SSA to be
able to access data through a process established by AAMVA. She
added that other databases used for verification through this
process are Social Security Number Online Verification (SSOLV)
within the SSA, Problem Driver Pointer System (PDPS) within the
U.S. Department of Transportation (USDOT), and State-to-State
(S2S) Verification Service to check for driver's licenses in
other states.
4:39:38 PM
REPRESENTATIVE TUCK asked for clarification that DMV did not
sign a contract with AAMVA but uses its services.
MS. Thompson responded yes, DMV uses AAMVA's services. In
response to a question from Representative Tuck about payments
to AAMVA for those services, she said that there are payments to
AAMVA based on usage. She conceded that she would have to check
on whether there is a contract.
CHAIR KREISS-TOMKINS announced HB 74 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB046 Letter 3.8.17.pdf |
HSTA 3/14/2017 3:00:00 PM |
SB 46 |
| HB074 Real ID Act Letter of Support Fairbanks Ch Comm 03 07 17.pdf |
HSTA 3/14/2017 3:00:00 PM |
HB 74 |
| HB 082 Draft Proposed Amendment D.1 3.13.17.pdf |
HSTA 3/14/2017 3:00:00 PM |
HB 82 |
| HB 74 REAL ID FAQ 3.14.17.pdf |
HSTA 3/14/2017 3:00:00 PM |
HB 74 |
| State-Fed Docs Comparison.pdf |
HSTA 3/14/2017 3:00:00 PM |
HB 74 |