Legislature(2001 - 2002)

01/31/2001 01:12 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 48 - NO SOC SEC. # REQ'D ON HUNT/FISH LICENSE                                                                              
                                                                                                                                
Number 0027                                                                                                                     
                                                                                                                                
CHAIR  ROKEBERG announced  that  the committee  would hear  HOUSE                                                               
BILL  NO. 48,  "An Act  eliminating a  requirement that  a social                                                               
security  number be  provided by  an applicant  for a  hunting or                                                               
sport  fishing license  or tag;  and providing  for an  effective                                                               
date."  [Before the committee was CSHB 48(RES).]                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL, speaking as  the sponsor, stated that his                                                               
main goal with CSHB 48(RES) was  to remove the requirement that a                                                               
person  list   his  or   her  social   security  number   on  the                                                               
applications for  hunting and fishing licenses/tags/permits.   He                                                               
referred to  a letter  from Barbara Miklos  of the  Department of                                                               
Revenue,    Child    Support   Enforcement    Division    (CSED),                                                               
acknowledging the  use of the Permanent  Fund Dividend Division's                                                               
database  as   a  better  source   for  social   security  number                                                               
retrieval.  He  pointed out that even though CSED  had received a                                                               
waiver from the  Federal Office of Child  Support Enforcement, so                                                               
that  it no  longer requires  the collection  of social  security                                                               
numbers  from recreational  licenses,  the  Alaska Department  of                                                               
Fish  and Game  (ADF&G) still  mandates the  inclusion of  social                                                               
security      numbers      on     the      applications      [for                                                               
licenses/tags/permits].    With  the  passage  of  CSHB  48(RES),                                                               
providing a  social security number on  applications would become                                                               
an  option,  not  a  requirement -  a  change  which  contractual                                                               
vendors of applications favor.                                                                                                  
                                                                                                                                
Number 0251                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL   paraphrased  the   following  sectional                                                               
analysis  regarding changes  to  portions of  AS 16.05  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Sec. 1:   Repeals  a portion  of  AS 16.05.360(a)  that                                                                  
     requires  the  form or  application  for  a hunting  or                                                                    
     sport   fishing    license   to    contain   sufficient                                                                    
     information to  supply the applicant's  social security                                                                    
     number.                                                                                                                  
                                                                                                                                
     Sec. 2:   This repeals  AS 16.05.330(e)  which requires                                                                  
     a person applying  for a license or tag  for hunting or                                                                    
     sport fishing  to provide their social  security number                                                                    
     on the application and requires  the Department of Fish                                                                    
     & Game  to report  provide that social  security number                                                                    
     to CSED if requested.                                                                                                      
                                                                                                                              
     Repeals  AS   16.05.346(d)  which  requires   a  person                                                                    
     applying  for a  permit under  the section  of statutes                                                                    
     that deal  with licensing of sport  fishing and hunting                                                                    
     to provide  the person's social security  number on the                                                                    
     permit application. It also  requires the department to                                                                    
     provide  the  social  security   number  to  the  child                                                                    
     support enforcement agency  if information is requested                                                                    
     by the agency.                                                                                                             
                                                                                                                                
     It  also repeals  AS  16.05.360(b,  which requires  the                                                                    
     department  to provide  the social  security number  to                                                                    
     CSED upon request.                                                                                                         
                                                                                                                                
     Sec. 3: Provides for an immediate effective date.                                                                        
                                                                                                                                
REPRESENTATIVE  COGHILL also  remarked  that  CSHB 48(RES)  would                                                               
contribute  to  ensuring the  public's  privacy  and security  by                                                               
limiting unnecessary exposure of  an individual's social security                                                               
number.  He urged the members to pass it out of committee.                                                                      
                                                                                                                                
Number 0358                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BERKOWITZ   called   attention   to   the   term                                                               
"citizenship" on  page 1, line  11, questioning its use  in terms                                                               
of    differentiating   the    cost   of    various   types    of                                                               
licenses/tags/permits. He also inquired of  the Department of Law                                                               
representative  if  there  were   any  mandated  requirements  to                                                               
include the word "citizenship" in the statute [AS 16.05].                                                                       
                                                                                                                                
Number 0418                                                                                                                     
                                                                                                                                
KEVIN   SHORES,  Assistant   Attorney  General,   Human  Services                                                               
Section, Civil  Division (Juneau),  Department of Law,  said that                                                               
he was not aware of any such federal requirements.                                                                              
                                                                                                                                
REPRESENTATIVE  OGAN  pointed  out   that  different  classes  of                                                               
licenses, such  as resident, nonresident, and  nonresident alien,                                                               
have  different costs.    Therefore,  he did  not  see why  there                                                               
should be concern over the term "citizenship".                                                                                  
                                                                                                                                
CHAIR   ROKEBERG  reminded   members   that   the  ADF&G   tracks                                                               
information  about  all  users  of  the  state's  fish  and  game                                                               
resources.   He  noted that  over the  interim he  had personally                                                               
witnessed a number of [bag-limit]  violations by German nationals                                                               
in the tourist sport fishing industry.                                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ expressed  his  belief  that the  alien                                                               
[citizenship] distinction was an improper one.                                                                                  
                                                                                                                                
CHAIR  ROKEBERG   reiterated  that  informational   tracking  was                                                               
important to the ADF&G.                                                                                                         
                                                                                                                                
MR. SHORES explained  that he had come prepared to  speak on CSED                                                               
issues  and   felt  that  Representative   Berkowitz's  questions                                                               
regarding citizenship  distinctions and rate  differentials would                                                               
be better addressed to the ADF&G.                                                                                               
                                                                                                                                
REPRESENTATIVE  OGAN added,  as  an example,  that a  nonresident                                                               
alien, class 15, big game  hunting license costs $300; therefore,                                                               
he felt the state had a  justifiable need to require an applicant                                                               
to declare alien status.                                                                                                        
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  whether  a person  who was  from                                                               
another country  but residing legally  in Alaska would  fall into                                                               
the nonresident alien category.                                                                                                 
                                                                                                                                
REPRESENTATIVE  OGAN  pointed  out  that  that  person  would  be                                                               
considered a resident for licensing purposes.                                                                                   
                                                                                                                                
Number 0845                                                                                                                     
                                                                                                                                
MR.  SHORES  commented that  he  was  not  aware of  any  federal                                                               
requirements regarding citizenship.   He concluded by saying that                                                               
because CSED had received the  federal waiver, the department did                                                               
not have any problems with CSHB 48(RES).                                                                                        
                                                                                                                                
Representative  Ogan noted  this was  a welcome  change from  the                                                               
administration's previous policy.                                                                                               
                                                                                                                                
Number 0945                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG closed public testimony.                                                                                         
                                                                                                                                
Number 0989                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  made  a  motion  to  adopt  conceptual                                                               
Amendment 1:  Page 1, line 11, striking "and citizenship".                                                                      
                                                                                                                                
REPRESENTATIVE OGAN objected to conceptual Amendment 1.                                                                         
                                                                                                                                
REPRESENTATIVE  BERKOWITZ suggested  during  discussion that  the                                                               
wording   regarding   citizenship  constituted   an   unwarranted                                                               
intrusion of people's privacy.                                                                                                  
                                                                                                                                
CHAIR ROKEBERG  reiterated his concerns  about the  violations by                                                               
German nationals.                                                                                                               
                                                                                                                                
REPRESENTATIVE  BERKOWITZ responded  that "he  would be  loath to                                                               
assign  collective guilt  to the  German people  in general,  for                                                               
fishing violations of a few individuals...."                                                                                    
                                                                                                                                
REPRESENTATIVE  OGAN   voiced  the  opinion  that   removing  the                                                               
language  would impede  the ADF&G  as  it strove  to enforce  the                                                               
laws.   He once again  brought up the  fact that the  current fee                                                               
schedule was interdependent of both residency and citizenship.                                                                  
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Berkowitz  and                                                               
Kookesh  voted  for  the amendment.    Representatives  Rokeberg,                                                               
Ogan,  Coghill, James,  and Meyer  voted  against the  amendment.                                                               
Therefore, conceptual Amendment 1 failed by a vote of 2-5.                                                                      
                                                                                                                                
Number 1157                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  made a  motion to move  CSHB 48(RES)  out of                                                               
committee with  individual recommendations and the  attached zero                                                               
fiscal notes.  He asked  for unanimous consent.   There  being no                                                               
objections, CSHB 48(RES) moved from  the House Judiciary Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects