Legislature(2009 - 2010)

04/02/2009 03:06 PM House FIN


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HOUSE BILL NO. 3                                                                                                              
                                                                                                                                
     "An Act relating to issuance of identification cards                                                                       
     and to issuance of driver's licenses; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
4:06:22 PM                                                                                                                    
                                                                                                                                
Representative  Hawker MOVED to  ADOPT CSHB 3  (FIN), version                                                                   
26-LS0008\P, Luckhaupt, 3/30/09  (copy on file), as a working                                                                   
document.                                                                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED for DISCUSSION.                                                                                       
                                                                                                                                
DIRK  MOFFET,   STAFF,  REPRESENTATIVE  BOB   LYNN,  SPONSOR,                                                                   
introduced  the title change  of the  proposed CS because  of                                                                   
added language.                                                                                                                 
                                                                                                                                
JERRY  LUCKHAUPT,  LEGISLATIVE  COUNCIL,  DIVISION  OF  LEGAL                                                                   
SERVICES,  explained  that the  change  was  made because  of                                                                   
language  dealing with  regulation authority  in response  to                                                                   
questions that had been raised.                                                                                                 
                                                                                                                                
4:07:57 PM                                                                                                                    
                                                                                                                                
Mr.  Moffet   turned   to  the  next   change,  regarding   a                                                                   
typographical error on page 1, line 9 and page 2, line 1.                                                                       
                                                                                                                                
Mr. Luckhaupt added  that the change was made  in response to                                                                   
previous legislation by Representative Crawford.                                                                                
                                                                                                                                
Mr.  Moffet   explained  the   third  change  extending   the                                                                   
expiration  date of  cards  issued to  persons  60 years  and                                                                   
older on  page 2, line 1.  Language in version A  was changed                                                                   
since the  identification cards  are free to senior  citizens                                                                   
and  their physical  appearance does  not change  as fast  as                                                                   
that  appearance of  younger citizens.  The sponsor  believed                                                                   
that  extending the  expiration date  on the  cards would  be                                                                   
good business;  senior citizens  would visit the  Division of                                                                   
Motor Vehicles (DMV)  less often. He stressed  that fewer DMV                                                                   
customers  would mean  less staff resource.  Amendment  3 was                                                                   
offered  to make the  cards never  expire for  those over  60                                                                   
years of  age. However, federal  regulation (the Real  ID Act                                                                   
of  2005)  stipulated  that  eight   years  was  the  longest                                                                   
expiration  date  allowed. He  pointed  out  that the  change                                                                   
doubled the expiration date from  five years to ten years and                                                                   
had the  added benefit of  being non-compliant with  the Real                                                                   
ID Act.                                                                                                                         
                                                                                                                                
Mr. Moffet moved to the fourth  change regarding anti-Real ID                                                                   
language related  to identification cards to  conform with AS                                                                   
44.99.040,  Limitations  on Certain  State  Expenditures.  He                                                                   
read the language added in version  P to page 2, lines 27-29,                                                                   
stating  that  the Commissioner  of  Administration  may  not                                                                   
adopt regulations  related to identification cards  solely to                                                                   
bring the state into compliance  with the requirements of the                                                                   
federal Real ID Act of 2005.                                                                                                    
                                                                                                                                
Mr. Moffet  detailed that the  fifth change also  added anti-                                                                   
Real ID  language related  to driver  licenses. Language  was                                                                   
added on pages 2 and 3, lines  30-31 stating that for section                                                                   
four,  AS 28.05.011  is omitted  by adding  a new section  to                                                                   
read that  the Commissioner of  Administration may  not adopt                                                                   
regulations related  to driver  licenses solely to  bring the                                                                   
state into compliance with the Real ID Act.                                                                                     
                                                                                                                                
4:12:04 PM                                                                                                                    
                                                                                                                                
Mr.  Luckhaupt  explained  that  the  language  changes  were                                                                   
requested  to  make sure  the  Department  of  Administration                                                                   
(DOA) does  not try to bring  the state into  compliance with                                                                   
the Real ID  Act through regulation. He noted  that the added                                                                   
language had necessitated the title change.                                                                                     
                                                                                                                                
Mr.  Moffet concluded  with the  sixth  change, anti-Real  ID                                                                   
disclaimer  language on  page  5, lines  15-17. Language  was                                                                   
added to emphasize  non-cooperation with the Real  ID Act. He                                                                   
spoke of two  amendments adding the anti-Real  ID language to                                                                   
HB 3; neither accomplished the  desired goal and language was                                                                   
drafted adding  language congruent  with Real ID  statute yet                                                                   
tailored  to deal with  the subject  of identification  cards                                                                   
and  driver licenses.  The anti-Real  ID disclaimer  language                                                                   
was  also  added  to clarify  that  although  the  state  has                                                                   
adopted  legal  presence  law,   the  bill  was  deliberately                                                                   
drafted  to  be  non-compliant  with  the Real  ID  Act.  The                                                                   
sponsors  believed that  Alaska should  determine for  itself                                                                   
the perimeters of good business practice.                                                                                       
                                                                                                                                
4:14:48 PM                                                                                                                    
                                                                                                                                
Representative Foster  did not think the issue  was a problem                                                                   
for his  constituents and  wondered why  the issue  was being                                                                   
brought up. Mr.  Moffet replied that currently  in regulation                                                                   
the primary  document must be  brought to DMV when  getting a                                                                   
license for the first time. The  requirement will be put into                                                                   
statute by the legislation.                                                                                                     
                                                                                                                                
Representative  Foster questioned  the need  for putting  the                                                                   
requirement in statute. Mr. Moffet  replied that the sponsors                                                                   
believe the policy is good. He  emphasized that the bill also                                                                   
allows the DMV  to be flexible about the expiration  date. He                                                                   
acknowledged  that  the  provision  would  not  affect  rural                                                                   
communities.                                                                                                                    
                                                                                                                                
Representative  Foster reiterated  his questions. Mr.  Moffet                                                                   
explained the desire  to keep people who are in  Alaska for a                                                                   
limited  time period from  allowing their  legal presence  to                                                                   
expire and still be able to keep  an Alaska driver's license.                                                                   
                                                                                                                                
4:17:12 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  pointed out  that  the changes  wanted  by                                                                   
committee  members   had  been   covered.  He  WITHDREW   his                                                                   
OBJECTION.  There  being no  further  OJBECTION,  the CS  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
Representative  Kelly commented that  his questions  had been                                                                   
answered. He agreed that people  who were in Alaska illegally                                                                   
should not  be allowed to drive.  He spoke in support  of the                                                                   
legislation.                                                                                                                    
                                                                                                                                
Representative  Joule asked whether  the passage of  the bill                                                                   
would give law enforcement an  excuse to stop people to check                                                                   
their  identifications.   Mr.  Luckhaupt  replied   that  the                                                                   
measure would not  allow law enforcement to  pull anyone over                                                                   
without  justification.  In Alaska,  there  must be  probable                                                                   
cause of a violation of law in order to pull someone over.                                                                      
                                                                                                                                
4:19:59 PM                                                                                                                    
                                                                                                                                
Mr.  Luckhaupt added  that the  issue  had come  up in  other                                                                   
states  as well  when states  have  wanted to  set up  check-                                                                   
points. He  stated that  the only  way a state  can set  up a                                                                   
check point is to check U.S. citizenship  where the state had                                                                   
entered   into  an   agreement  with   the  Immigration   and                                                                   
Naturalization  Service (INS) or  Customs and Border  Patrol.                                                                   
Florida  has  entered  into  the   agreement  with  some  law                                                                   
enforcement, but most states have not.                                                                                          
                                                                                                                                
Co-Chair  Stoltze assumed  the  present administration  would                                                                   
not embrace the issue.                                                                                                          
                                                                                                                                
4:21:30 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  asked   a  question  regarding  the                                                                   
statement that the Commissioner  of DOA being unable to adopt                                                                   
regulation related to identification  cards in order to bring                                                                   
the  state  into  compliance   with  the  Real  ID  Act.  Mr.                                                                   
Luckhaupt replied  that the word  "solely" was added  so that                                                                   
regulation could be added for other valid reasons.                                                                              
                                                                                                                                
Mr.  Luckhaupt  added  regarding  a  previous  question  that                                                                   
people  can  be  stopped  in Alaska  for  probable  cause  or                                                                   
reasonable  suspicion  of  imminent physical  danger  to  the                                                                   
public. He provided an example.                                                                                                 
                                                                                                                                
Co-Chair  Stoltze  described  experience  with  local  police                                                                   
setting  up DUI (drinking  under the  influence) road  blocks                                                                   
and questioned  the legality of  the practice.  Mr. Luckhaupt                                                                   
replied that  in Alaska, the question  is open as  to whether                                                                   
sobriety  checkpoints  are  legal.  He added  that  the  U.S.                                                                   
Supreme Court  has said  that the  checkpoints are  legal for                                                                   
purposes of the U.S. Constitution;  that has not been decided                                                                   
in Alaska.                                                                                                                      
                                                                                                                                
4:24:44 PM          AT EASE                                                                                                   
4:24:52 PM          RECONVENED                                                                                                
                                                                                                                                
Representative  Crawford  pointed  out that  the  provision's                                                                   
wording actually could allow regulation  adopting the Real ID                                                                   
Act  and  questioned  the  use  of  the  word  "solely."  Mr.                                                                   
Luckhaupt explained  that the  only purpose of  the provision                                                                   
was regulation  authority. He  added that another  previously                                                                   
passed  provision prevents  any  state agency  from  adopting                                                                   
regulations to  implement the Real  ID Act; this will  be the                                                                   
fourth place in statute stating  that Alaska would not comply                                                                   
with the Real ID Act.                                                                                                           
                                                                                                                                
Representative Crawford believed  that the offending word was                                                                   
"solely."  He read  the  passage without  the  word: "If  the                                                                   
Commissioner  of Administration  may not  adopt a  regulation                                                                   
related  to identification  cards  to  bring  the state  into                                                                   
compliance." He thought the passage  would make it clear that                                                                   
regulation  could  not comply  with  the act.  Mr.  Luckhaupt                                                                   
responded that  the word "solely" would mean  that regulation                                                                   
can be adopted for another valid reason.                                                                                        
                                                                                                                                
Representative Crawford  proposed saying "with  the intent to                                                                   
bring  the state  into compliance"  instead  of "solely."  He                                                                   
thought  the intent  would  be clear.  He  asked whether  the                                                                   
presence of  the word "solely" would  say that it is  fine to                                                                   
adopt the Real ID Act as long as there is another purpose.                                                                      
                                                                                                                                
4:27:26 PM                                                                                                                    
                                                                                                                                
Mr. Luckhaupt  replied  that the word  "solely" allows  other                                                                   
reasons.                                                                                                                        
                                                                                                                                
Representative  Crawford  asked if  the  word "solely"  could                                                                   
allow the Real  ID Act to be adopted. Mr.  Luckhaupt answered                                                                   
that   the  word   "solely"   allows  the   Commissioner   of                                                                   
Administration   to   adopt  any   regulation   relating   to                                                                   
identification  cards providing it  is not solely  adopted in                                                                   
order to  implement the Real ID  Act. He interpreted  this to                                                                   
mean that  if there  is any other  valid reason for  adopting                                                                   
the  regulation,  the fact  that  it  brings the  state  into                                                                   
compliance with  the Real ID Act  does not matter.  He stated                                                                   
that he  had drafted the language  as he was  instructed, but                                                                   
added   that   the  way   it   is   drafted  leads   to   the                                                                   
interpretation. As  long as there is any other  valid reason,                                                                   
bringing  the state  into compliance  is okay  with the  word                                                                   
"solely"  present, even  if the commissioner  wants  to bring                                                                   
the state into compliance with the Real ID Act.                                                                                 
                                                                                                                                
4:28:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze   noted  that  the  same   issue  had  been                                                                   
contentious in a previous meeting.                                                                                              
                                                                                                                                
Representative  Gara pointed out  that the word  "solely" was                                                                   
proposed because no one has come  up with acceptable language                                                                   
for the provision;  what is clear is that the  state does not                                                                   
want  DMV  to implement  the  Real  ID  Act. He  thought  the                                                                   
response to  Representative Crawford's  question was  yes. He                                                                   
presented  a  hypothetical:  A commissioner  has  the  secret                                                                   
intent to implement the Real ID  Act, but says the purpose is                                                                   
to save  money. He  asked whether  the hypothetical  would be                                                                   
possible  even  though  it  violates  the  intention  of  the                                                                   
legislation.                                                                                                                    
                                                                                                                                
Mr. Moffet clarified  that he word "solely"  was used because                                                                   
the  Real ID  Act would  not allow  DMV staff  to be  trained                                                                   
regarding  fraudulent  document  detection, for  example.  He                                                                   
stated  that many current  good business  practices  would be                                                                   
discarded  if the committee  wanted a  strict prohibition  on                                                                   
anything in the Real ID Act. He  described the Real ID Act as                                                                   
a "laundry list"  of all the good ideas that  the states came                                                                   
up with; he opined  that some of the ideas are  good and some                                                                   
bad. For example, the sponsor  thought that putting the legal                                                                   
presence expiration  date directly on someone's  card was not                                                                   
a good business  practice, even though the Real  ID Act would                                                                   
allow it.  All Alaskan cards would  look the same  except for                                                                   
the  expiration  date;  only  looking  very  closely  at  the                                                                   
expiration  date  would  indicate  the legal  status  of  the                                                                   
holder.                                                                                                                         
                                                                                                                                
Mr. Moffet stated  that the sponsor wanted the  word "solely"                                                                   
left in the provision in order  to conform to what is already                                                                   
in statute and not re-write the  anti-Real ID Act legislation                                                                   
already passed.                                                                                                                 
                                                                                                                                
Representative  Gara  wanted  his  question  answered.    Mr.                                                                   
Luckhaupt replied that the answer would be yes.                                                                                 
                                                                                                                                
Representative Gara described  the conundrum: the legislature                                                                   
does  not want  DMV to  implement the  Real ID  Act, but  the                                                                   
language makes it possible for  a DMV person to implement it.                                                                   
He asked  whether the legislative  intent in the CS  was good                                                                   
enough to  protect the state  from a commissioner  who wanted                                                                   
to implement  the Real  ID Act. Mr.  Moffet replied  that the                                                                   
legislature oversees the DMV and  can change anything they do                                                                   
not want through  statute; the division cannot  implement the                                                                   
Real ID Act.                                                                                                                    
                                                                                                                                
4:34:15 PM                                                                                                                    
                                                                                                                                
Mr. Luckhaupt noted that the provision  passed last year said                                                                   
the  division   should  not  be  implementing   the  act.  He                                                                   
acknowledged  that the hypothetical  of the director  wanting                                                                   
to implement the act was possible.                                                                                              
                                                                                                                                
Representative Gara stated for  the record that the intention                                                                   
is to prevent DMV from implementing  the Real ID Act and that                                                                   
no language has  been found to make that clearer.  He thought                                                                   
Representative  Crawford's question was  still a  concern but                                                                   
he could not find better language.                                                                                              
                                                                                                                                
Representative  Foster  queried  possible penalties  for  not                                                                   
complying with the federal requirements.                                                                                        
                                                                                                                                
WHITNEY  BREWSTER,  DIRECTOR,  DIVISION  OF  MOTOR  VEHICLES,                                                                   
DEPARTMENT OF ADMINISTRATION (via  teleconference), testified                                                                   
that  there are  some penalties  for not  complying with  the                                                                   
Real ID Act by  the end of 2009. She detailed  that residents                                                                   
of  states   that  do  not   issue  Real  ID   Act  compliant                                                                   
identification cards  or driver licenses will not  be able to                                                                   
access  federal facilities  and  will not  be  able to  board                                                                   
airplanes without secondary screening.                                                                                          
                                                                                                                                
4:36:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker  spoke to  difficulties  in  Alaska and  the                                                                   
necessity of identification. He  pointed to state statute and                                                                   
regulations  connected with  obtaining identification  cards.                                                                   
He  queried   the  additional  difficulties  that   might  be                                                                   
incurred   for   renewing   identification   cards   if   the                                                                   
legislation passed.                                                                                                             
                                                                                                                                
REPRESENTATIVE   BOB  LYNN,  SPONSOR,   explained   that  the                                                                   
provision  would  not  change  things for  Alaskans  but  for                                                                   
people  coming  from  out-of-state  and for  people  who  are                                                                   
temporarily on a visa or work permit.                                                                                           
                                                                                                                                
Co-Chair Hawker agreed  that the additional burden  is not on                                                                   
state residents but on other classes of individuals.                                                                            
                                                                                                                                
4:40:31 PM                                                                                                                    
                                                                                                                                
Representative Foster  described difficulties  experienced by                                                                   
people in the Bush  who have to travel long  distances to get                                                                   
identification cards.                                                                                                           
                                                                                                                                
Co-Chair Hawker asked Mr. Moffet  to respond to his question.                                                                   
                                                                                                                                
Mr. Moffet  described changes  the bill  would put  in place.                                                                   
Alaskans  who renew  driver licenses  will not  have to  show                                                                   
primary documents.  Alaskans who have allowed  their driver's                                                                   
license  to expire  will be allowed  90 extra  days to  renew                                                                   
without showing primary documents;  this provision was put in                                                                   
for  people in  rural  areas. The  90-day  window was  chosen                                                                   
because statute stipulates that  people new to Alaska have 90                                                                   
days  to change  their  license to  an  Alaska state  drivers                                                                   
license.                                                                                                                        
                                                                                                                                
4:43:09 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  queried additional  difficulties that  would                                                                   
be caused by the legislation.  Ms. Brewster did not think the                                                                   
provision would  increase the burden on people  who currently                                                                   
hold  an  Alaska driver's  license.  She  addressed  concerns                                                                   
about  people from  rural areas.  She  recognized the  bigger                                                                   
challenges to  those who do not  have direct access  to a DMV                                                                   
office, but  pointed out  that people  can renew through  the                                                                   
mail.                                                                                                                           
                                                                                                                                
Ms. Brewster referred to future  legislation that would allow                                                                   
for renewing online. She explained  that the issue is the new                                                                   
digital license.  The last of the old Polaroid  licenses will                                                                   
expire this  year, requiring people  to come to an  office in                                                                   
person to capture a digital likeness.                                                                                           
                                                                                                                                
4:45:18 PM                                                                                                                    
                                                                                                                                
Representative  Foster commented  on  the federal  government                                                                   
directing state decisions.                                                                                                      
                                                                                                                                
Co-Chair Hawker MOVED to report  CSHS 3 (FIN) as amended from                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal note.                                                                                                       
                                                                                                                                
Representative  Gara OBJECTED  for  discussion. He  commented                                                                   
that the rules in place already  keep illegal immigrants from                                                                   
getting a  driver's license  and the  proposed law  would not                                                                   
change  the  rules  aside from  extending  renewal  time  for                                                                   
senior  citizens.  He  noted  that  legislation  on  divisive                                                                   
issues increases problems and does not change anything.                                                                         
                                                                                                                                
Representative Gara WITHDREW his OBJECTION.                                                                                     
                                                                                                                                
Representative  Foster commented  on the  situation in  rural                                                                   
Alaska where everyone knows each other.                                                                                         
                                                                                                                                
There being NO further OBJECTION, it was so ordered.                                                                            
                                                                                                                                
CSHS 3 (FIN) was  REPORTED out of Committee with  a "do pass"                                                                   
recommendation and  with a previously published  fiscal note:                                                                   
FN1 (ADM).                                                                                                                      
                                                                                                                                

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