Legislature(2007 - 2008)HOUSE FINANCE 519
04/08/2008 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB259 | |
| SB254 | |
| SB202 | |
| SB265 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 243 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 265 | TELECONFERENCED | |
| += | SB 202 | TELECONFERENCED | |
| += | SB 119 | TELECONFERENCED | |
| += | SB 259 | TELECONFERENCED | |
| += | SB 254 | TELECONFERENCED | |
SENATE BILL NO. 202
An Act relating to expenditures in aid of or to
implement the provisions of the federal Real ID Act.
SENATOR BILL WIELECHOWSKI, SPONSOR, introduced SB 202, a
bill against the federal mandate which creates the first
national Identification (ID) Card. He commented that
passage of that bill is cause for alarm since the federal
government is attempting to interfere with the State's
sovereignty and force the State to implement the program
through state-issued driver's licenses. SB 202 would
prohibit the use of State money to implement the program.
Many people are concerned that the technology required by
the Real ID Act would convert driver's licenses and
identification cards into tracking devices, allowing
computers to note and record people's whereabouts.
Additionally, there is concern that the Real ID Act would be
used as a backdoor attempt to institute a national gun
registry. Many from the National Rifle Association (NRA)
oppose the Real ID Act. He encouraged passage of SB 202.
In response to Representative Hawker, Senator Wielechowski
explained that the intent was not to prevent the Division of
Motor Vehicles (DMV) from implementing best practices and
hence "solely" was incorporated.
3:37:25 PM
Representative Hawker asked if the Senator was "comfortable"
with that language. Senator Wielechowski said he was okay
with the changes made in the House State Affairs Committee.
Representative Gara commented on protecting the other
functions of Division of Motor Vehicles (DMV). Without
using "solely", it provides a partial prohibition. Senator
Wielechowski responded that initially "solely" had not been
used, knowing that the DMV would still be able to implement
best practices. He agreed he shares concerns with
Representative Gara. He added that SB 202 does not support
Real ID. There could be dollars spent on the Real ID
program with the use of federal funding.
Representative Gara asked if there were other states that
did not incorporate "solely". Senator Wielechowski replied
that there are seventeen states that have passed some
legislation prohibiting Real ID.
3:42:02 PM
GEORGE ASCOTT, STAFF, SENATOR BILL WIELECHOWSKI,
acknowledged that was correct and that Washington, Montana
and Maine, each offer different language, indicating that
they would not comply with the Real ID Act.
Representative Gara asked that language preference. Senator
Wielechowski clarified that the bill was filed not including
"solely"; when the bill moved through the HSA Committee, he
agreed to support the bill as changed.
BILL SCANNELL, SELF, ANCHORAGE, spoke in support of the
legislation. He did not care for usage of "solely" but
would support it if that was the only way to get it to the
House Floor.
3:46:49 PM
MATHEW KERR, SELF, ANCHORAGE, spoke in support of the bill.
The provisions of the Real ID increase the size of
government without compelling any State benefit.
JOHN BRADING, FAIRBANKS, testified via teleconference,
voiced support for SB 202. He claimed that no one wins when
freedom fails. He thought that the Real ID Act is an
instrument to control human freedom.
FRANK TURNEY, FAIRBANKS, testified via teleconference, spoke
in support of the bill. He added support for HB 3 regarding
driver's license ID. "Those who give up essential liberties
for security deserve neither." (Ben Franklin)
3:55:08 PM
DAVID SAPP, FAIRBANKS, testified via teleconference,
indicated his support of the legislation. He echoed
concerns regarding the Real ID Act.
LARRY SMITH, NORTH POLE, testified via teleconference,
voiced support for SB 202. He wanted to see legislation
passed so that the State never has to address the issue
again.
PAUL NELSON, HAINES, testified via teleconference, spoke in
support of the bill, pointing out that the Real ID Act
violates the Alaska State Constitution. It is an unfunded
mandate that adds another layer of bureaucracy to
government. The Real ID Act does nothing to protect the
citizens of this country.
SHAEFFER COX, FAIRBANKS, testified via teleconference, spoke
in support of SB 202. He recommended that the word "solely"
be removed. He questioned if the people belong to the
government or if the government belongs to the people. He
emphasized the amount of statewide opposition to the Real ID
Act.
4:00:07 PM
KEVIN BROOKS, DEPUTY COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, referenced inclusion of "solely", which the
Department supports. The State of Alaska does not have the
funding to implement the Real ID Act. The federal
government did issue the final rules based on the best
practices for states and each state was included in
determining what their best practices are. He recommended
that using a digital photo on the driver's license is a good
idea. The original wording of the bill raised questions
regarding how effective continuation of the State's best
practices could be.
Representative Gara wanted to know that the intention of the
Administration was not to implement the Real ID Act. Mr.
Brooks understood that was correct.
4:03:33 PM
Representative Kelly clarified that if the Administration
planned on changing the intent, they would need to come back
before the Legislature. Mr. Brooks said yes.
4:04:20 PM
WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF ADMINISTRATION, ANCHORAGE, testified via
teleconference, stated that the DMV clearly understands the
condition on Real ID and that DMV does not plan on moving
forward toward compliance with Real ID. The Division wants
to have the ability to use what would be good for Alaska.
She indicated support for "solely" remaining in the bill as
presented.
4:05:06 PM
Representative Gara understood that DMV would want to use
laminated photos. He asked Ms. Brewster if the
interpretation does not intend to use the same database as
shared with the national ID portions of the Real ID Act.
Ms. Brewster replied that was correct.
4:05:50 PM
KRISTA STEARNS, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, ANCHORAGE, testified via teleconference, offered to
answer questions of the Committee. She noted that inclusion
of the word "solely" does advance the ability of the DMV to
move forward in providing fraudulent document training to
employees. It is a broad term and the discussion has been
helpful with regard to true concerns.
PUBLIC TESTIMONY CLOSED
4:07:16 PM
Representative Foster MOVED to REPORT HCS SB 202 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HCS SB 202(STA) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Administration.
AT EASE: 4:08:32 PM
RECONVENE: 4:23:23 PM
4:23:40 PM
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