Legislature(2007 - 2008)BELTZ 211

02/27/2008 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION TELECONFERENCED
Heard & Held
+ SB 202 PROHIBIT STATE SPENDING FOR REAL ID ACT TELECONFERENCED
Heard & Held
*+ SB 273 CRUELTY TO ANIMALS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 182 OFFERING PROMOTIONAL CHECKS
Moved CSHB 182(JUD) Out of Committee
         SB 202-PROHIBIT STATE SPENDING FOR REAL ID ACT                                                                     
                                                                                                                                
1:36:20 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 202.                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI,   sponsor  of  SB  202,   noted  that  two                                                               
committee  members  heard this  bill  in  a prior  committee.  He                                                               
explained that  the federal Real  ID law  was put into  effect in                                                               
2005  as  part of  an  emergency  appropriation bill.  It's  been                                                               
described as the  first attempt to implement a  national ID card.                                                               
SB 202 simply  says that state money cannot be  used to implement                                                               
Real ID.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said that the federal  legislation requires                                                               
this ID card to be carried  and shown to enter a federal facility                                                               
including IRS offices,  courthouses, congressional buildings, and                                                               
national parks. About  70 percent of the land in  Alaska is under                                                               
federal  control  so  theoretically going  anyplace  within  that                                                               
federal territory could require carrying  a Real ID card. That in                                                               
itself is a  concern, but more onerous yet is  the provision that                                                               
allows the  secretary of  Homeland Security  unilateral authority                                                               
to extend when and  where a Real ID card must  be shown. It's not                                                               
a stretch to envision a scenario  where people have to show their                                                               
ID  cards  to  get  on  Amtrak  or  to  conduct  private  banking                                                               
business. "There will be a  common machine-readable technology on                                                               
the back of  your card, which enables any official  to swipe your                                                               
card and store all of your  data onto a database, which will then                                                               
be shared with  every other state in the  country and potentially                                                               
with foreign nations."                                                                                                          
                                                                                                                                
1:40:21 PM                                                                                                                    
SENATOR McGUIRE joined the meeting.                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  highlighted that the federal  Act initially                                                               
required  radio-frequency  ID (RFID),  which  would  make the  ID                                                               
cards  a tracking  device. Although  that provision  was removed,                                                               
the final  rule says that  individual states are welcome  to have                                                               
RFID. Other information  that potentially could be  on a person's                                                               
ID   card  include   DNA   information,  biometric   information,                                                               
fingerprint  information,  and   retinal  scan  information.  The                                                               
information that  is placed  on an  ID card  is then  shared with                                                               
other  states so  all DMV  officials would  have access  to every                                                               
American's  identification  in  one  centralized  database.  It's                                                               
likely that  Canadian and Mexican officials  eventually will have                                                               
access to every American's personal data as well.                                                                               
                                                                                                                                
1:41:33 PM                                                                                                                    
SENATOR WIELECHOWSKI said  the cost to Alaska is  unknown but the                                                               
Real  ID law  requires keeping  paper and  electronic copies  for                                                               
many  years.  That mandate  carries  a  cost. Also,  states  must                                                               
ensure  the   physical  security  of  locations   where  driver's                                                               
licenses are  produced. It's unclear  how the  federal government                                                               
will  monitor  that  but comparing  this  to  the  Transportation                                                               
Security Act, it might include  armed guards, heavy security, and                                                               
metal detectors. The  State of Alaska has estimated  that it will                                                               
be several  million dollars. The  Real ID law  requires extensive                                                               
changes  to hiring  and retention  practices for  DMV. Alaska  is                                                               
uniquely challenged  because many  residents have no  easy access                                                               
to DMV. Since  it's difficult or impossible to fly  without an ID                                                               
card, Bush residents  may be in a catch-22  situation. They can't                                                               
get on  the plane  without an ID  card and they  can't get  an ID                                                               
card without  flying to a  larger community to make  an in-person                                                               
visit to the DMV. "This is an unresolved problem," he said.                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  said that  a  number  of gun  owners  have                                                               
expressed concern and the Gun  Owners of America has opposed Real                                                               
ID. Currently  anyone who buys a  gun shows their federal  ID and                                                               
fills out form  4473. But it's not unreasonable to  assume that a                                                               
future president may,  as a matter of  national security, require                                                               
more  information.  By simply  swiping  a  person's ID  card  the                                                               
federal  government   will  know  who  is   purchasing  guns  and                                                               
ammunition.                                                                                                                     
                                                                                                                                
1:44:28 PM                                                                                                                    
SENATOR THERRIAULT joined the meeting.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said that  Real ID  does nothing  to secure                                                               
Alaska's borders.  Unlike some  other states,  illegal immigrants                                                               
cannot get driver's licenses in  Alaska. Opposition to Real ID is                                                               
mixed.  At  least  600  organizations   from  both  ends  of  the                                                               
political spectrum have  opposed it and a  number of presidential                                                               
candidates  have  opposed  it  as well.  18  states  have  passed                                                               
legislation  opposing  Real  ID  and  18  more  have  legislation                                                               
pending. This bill says that  if the federal government wishes to                                                               
implement this program,  it must pay for it. When  he's talked to                                                               
people  who support  the concept  of Real  ID to  explain exactly                                                               
what it does, their support  tends to wane. "Alaska has typically                                                               
been at  the forefront in  privacy rights and liberty  rights and                                                               
freedom  rights and  I think  we  need to  take a  stand on  this                                                               
issue," he said.                                                                                                                
                                                                                                                                
1:47:08 PM                                                                                                                    
CHAIR FRENCH  informed the committee  that Kevin Brooks  with the                                                               
Department  of   Administration  and  Krista  Stearns   with  the                                                               
Department of Law are available to answer questions.                                                                            
                                                                                                                                
SENATOR HUGGINS asked if the administration supports the bill.                                                                  
                                                                                                                                
1:47:44 PM                                                                                                                    
KEVIN BROOKS,  Deputy Commissioner, Department  of Administration                                                               
said the administration  is concerned with the  broad language of                                                               
the  bill. Currently  the state  is  complying with  many of  the                                                               
requirements of the  Real ID Act. For example,  the Department of                                                               
Motor  Vehicles  (DMV)  is  using   digital  photos  on  driver's                                                               
licenses and  it's doing  fraud training, all  of which  are good                                                               
business  practices. Clearly  more public  debate needs  to occur                                                               
and there  certainly are common  concerns about data  sharing and                                                               
making  sure  that  databases  are   secure.  During  the  recent                                                               
National  Governors  Association meeting  members  overwhelmingly                                                               
agreed that the  federal government ought to pay  for anything it                                                               
mandates in this area. Some  of the things contemplated under the                                                               
Real ID  Act are cause for  concern with respect to  cost and the                                                               
policy  implications of  whether or  not they  should be  done at                                                               
all.                                                                                                                            
                                                                                                                                
1:49:47 PM                                                                                                                    
SENATOR THERRIAULT  said he supports the  bill but if it  were to                                                               
pass, he  wonders if the  state would  be able to  continue doing                                                               
some  of the  things it's  already doing  in this  area. "Not  in                                                               
lockstep or necessarily in conjunction  with the federal Act, but                                                               
just as the State of Alaska."                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  said one of  the issues he didn't  touch on                                                               
is  state   sovereignty.  Alaska   has  never  had   the  federal                                                               
government direct how  to deal with driver's  licenses. This gets                                                               
to the  issue of state's  rights and the Tenth  Amendment. States                                                               
have  the fundamental  right to  secure their  driver's licenses.                                                               
Alaskans should be  concerned about that because  no one supports                                                               
issuing counterfeit licenses.                                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI said  his  primary concern  with the  issue                                                               
relates  to  creating  a  large  federal  database  that  exposes                                                               
Alaskans to the weaknesses of  any other database in the country.                                                               
Also, the  imposition of  the cost  is a  concern. The  fact that                                                               
this data potentially will be  shared with foreign governments is                                                               
a concern. The wholesale collection  of very personal information                                                               
is a  concern. The fact  that people's movements will  be tracked                                                               
is  a concern.  "Where do  we go  with the  surveillance and  the                                                               
potential for  the invasion  of privacy?"  Every year  10 million                                                               
Americans lose  their identity and  Alaskan's are  very concerned                                                               
about  that issue.  "This is  opening that  wide up  for identity                                                               
theft," he said.                                                                                                                
                                                                                                                                
1:52:20 PM                                                                                                                    
SENATOR  THERRIAULT  asked  if  this  particular  language  would                                                               
preclude the  state from  exercising its  sovereignty if  what it                                                               
wanted  to  do happened  to  coincide  with  a directive  of  the                                                               
federal law.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said he doesn't believe it would.                                                                          
                                                                                                                                
SENATOR THERRIAULT asked if he  discussed with the drafters or in                                                               
a previous committee ways to  clarify that the state can exercise                                                               
its sovereignty and not be limited by federal directives.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI replied  the previous  committee looked  at                                                               
that  thoroughly. He  heard those  members say  it's possible  to                                                               
tell things that  are headed towards Real ID.  For example, tying                                                               
into other  databases relates to Real  ID. He said he'd  be happy                                                               
to work with DMV on this.                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT  noted  that  the sponsor  talked  about  the                                                               
expenditure  of state  funds but  the language  in the  bill says                                                               
"expend funds."  He asked if  the state agency could  spend funds                                                               
that aren't from a state source.                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  said he's  heard many  people say  that the                                                               
bill doesn't  go far enough  because they  don't want Real  ID at                                                               
all. "The intent  is to interpret that that no  funds be expended                                                               
period." The  federal government  will have  a hard  time forcing                                                               
the issue if enough states take that position.                                                                                  
                                                                                                                                
1:55:12 PM                                                                                                                    
SENATOR   THERRIAULT  suggested   the   committee  consider   the                                                               
circumstance  where the  federal government  pays 100  percent of                                                               
the program and asks the state  to implement it. "Would we be any                                                               
less bothered by that? I would think not," he said.                                                                             
                                                                                                                                
CHAIR  FRENCH asked  if the  administration  has established  the                                                               
cost to implement the federal Real ID Act.                                                                                      
                                                                                                                                
MR.  BROOKS replied  the state's  been looking  at the  potential                                                               
costs  since the  final  rules were  published  in January.  Some                                                               
aren't  known.  Clearly  there  will be  some  cost  attached  to                                                               
conducting background checks on  DMV employees because that isn't                                                               
done  now. Also  there  will a  cost  associated with  additional                                                               
fraud training, but that's a  good business practice and ought to                                                               
be done whether  there's a Real ID  Act or not. A  big unknown is                                                               
what  it will  cost to  secure the  facilities. The  rules aren't                                                               
entirely clear  with respect to  whether an armed guard  or metal                                                               
detector is  contemplated. "We don't  have clear direction  so it                                                               
is  difficult  to cost,  but  we're  trying  to put  those  costs                                                               
together," he said.                                                                                                             
                                                                                                                                
CHAIR FRENCH asked if he could give a ballpark number.                                                                          
                                                                                                                                
MR. BROOKS suggested that the DMV  director might be able to give                                                               
an estimate.                                                                                                                    
                                                                                                                                
1:57:12 PM                                                                                                                    
WHITNEY   BREWSTER,  Director,   Division   of  Motor   Vehicles,                                                               
Department  of   Administration,  said  it  will   cost  the  DMV                                                               
approximately $2 million to implement the federal Real ID Act.                                                                  
                                                                                                                                
CHAIR FRENCH asked if that would  be an ongoing cost of operation                                                               
or a capital expenditure.                                                                                                       
                                                                                                                                
MS.  BREWSTER  replied   the  $2  million  would   be  a  capital                                                               
expenditure,  but ongoing  funds  would be  needed  as well.  The                                                               
latter amount isn't known.                                                                                                      
                                                                                                                                
MR. BROOKS relayed  that he told the previous  committee that the                                                               
$13 million  DMV budget  is not sufficient  to fully  comply with                                                               
Real ID. Although DMV is already  compliant in a number of areas,                                                               
complying with  things like data sharing  will require additional                                                               
funding.  Coming  to terms  with  how  much  will be  needed  and                                                               
whether the state  should be doing certain things at  all will be                                                               
the topic for ongoing debate.                                                                                                   
                                                                                                                                
1:59:33 PM                                                                                                                    
CHAIR FRENCH  questioned whether the  language in the  bill gives                                                               
clear  work direction  to a  judge who  would ultimately  try and                                                               
decide whether some commissioner  had essentially broken the law.                                                               
If this  bill passes it's  fairly easy to foresee  a circumstance                                                               
where someone will  challenge a step DMV takes  to strengthen the                                                               
integrity of  the driver's  license as an  effort to  comply with                                                               
Real  ID.  It's the  legislature's  job  to  give the  judge  the                                                               
statutory sort of  command as to how to decide  a case like that.                                                               
That was  articulated in the  last committee,  Senator Therriault                                                               
brought  it  up and  it's  on  his mind  as  well.  He asked  Ms.                                                               
Brewster if she had other matters to bring before the committee.                                                                
                                                                                                                                
MS. BREWSTER  said she wants the  committee to know where  DMV is                                                               
with respect  to complying with  Real ID. Effective May  11, 2008                                                               
federal agencies  can not  accept driver's  licenses or  ID cards                                                               
for  official   purposes  unless  the  state   has  requested  an                                                               
extension  of  compliance  through  the  Department  of  Homeland                                                               
Security.  Only  three  states  have  not  sought  an  extension.                                                               
Although Alaska applied for and  received an extension, that does                                                               
not mean that  the state intends to comply with  the Act. It buys                                                               
more time; the initial extension expires on December 31, 2009.                                                                  
                                                                                                                                
CHAIR FRENCH asked  if the states that  haven't sought extensions                                                               
are in open defiance or going toward cooperation.                                                                               
                                                                                                                                
MS. BREWSTER  replied Montana, Maine, and  South Carolina haven't                                                               
sought  extensions and  she knows  that Montana  has objected  to                                                               
complying  with  the  Real  ID  Act.  Other  states  have  passed                                                               
legislation with  similar intent  as this  bill, but  they sought                                                               
extensions as well.                                                                                                             
                                                                                                                                
MS.  BREWSTER said  that  if  the state  were  to  seek a  second                                                               
extension, by October  11, 2009 it would have to  show that it is                                                               
materially  compliant  with  the  Real   ID  Act.  There  are  18                                                               
benchmarks  and DMV  currently meets  5. At  the recent  National                                                               
Governors  Conference  the  attendees unanimously  voted  to  ask                                                               
Congress to provide  full federal funding for the Real  ID Act by                                                               
appropriating $4  billion over the  next 10 years.  A substantial                                                               
chunk of that would go toward  FY09 formula grants to the states.                                                               
Currently just $80 million is  available and Alaska has requested                                                               
no federal  grant funds. "We  want to be  able to improve  and do                                                               
the  things to  secure our  driver's licenses,  but we  have some                                                               
concerns that we  may not be able to do  that if this legislation                                                               
passes as it is currently written," she said.                                                                                   
                                                                                                                                
2:04:58 PM                                                                                                                    
MS. BREWSTER said she has reviewed  the Real ID Act and the final                                                               
rule and she could discuss what  she understands the DMV would be                                                               
required to do.  She could also talk about what  DMV is currently                                                               
doing if it would be useful to the committee.                                                                                   
                                                                                                                                
SENATOR THERRIAULT asked if she  said that Alaska currently meets                                                               
5 of 18 requirements of Real ID.                                                                                                
                                                                                                                                
MS. BREWSTER replied that's correct.                                                                                            
                                                                                                                                
CHAIR FRENCH asked,  absent Real ID, which  of those requirements                                                               
DMV would work  to comply with in the course  of keeping driver's                                                               
licenses up to date.                                                                                                            
                                                                                                                                
MS.  BREWSTER said  that  two legal  presence  bills are  working                                                               
through the  Alaska legislative  process now and  that is  one of                                                               
the requirements  of Real ID.  If those  bills were to  pass, DMV                                                               
would be required to make  programming changes and that entails a                                                               
cost. She  understands that  the way  SB 202  is written  the DMV                                                               
would not  be able to  change its database to  be able to  have a                                                               
driver's license expire when someone  is no longer legally in the                                                               
country.  Another  requirement of  Real  ID  is that  a  physical                                                               
residence  address  must  be  printed   on  a  driver's  license.                                                               
Currently DMV collects  that information but it  prints a mailing                                                               
address on  the license. She  understands that having  a physical                                                               
residence  address on  a driver's  license is  beneficial to  law                                                               
enforcement and DMV might look at that.                                                                                         
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
2:08:11 PM                                                                                                                    
JIM HARRISON,  Attorney at Law,  said he's familiar with  Real ID                                                               
and the 18 benchmarks Ms.  Brewster referenced are found on pages                                                               
283 and 284 of the final rule.  He explained that Alaska has a 5-                                                               
year  cycle of  driver's license  renewals so  regardless of  the                                                               
extension,  the DMV  will have  to  be ready  to issue  compliant                                                               
licenses and  IDs by  the end  of 2009. If  it doesn't,  it won't                                                               
meet the December  2014 deadline for when everyone  under the age                                                               
of 50 is  required to have a compliant driver's  license or ID in                                                               
hand  to  do things  like  get  on a  plane  or  enter a  federal                                                               
facility. He  also noted that this  isn't the first attempt  at a                                                               
national driver's  license. "They've tried  to do it  before with                                                               
debate and it failed, and here  they did it without debate and it                                                               
got snuck through," he said.                                                                                                    
                                                                                                                                
2:11:13 PM                                                                                                                    
BILL SCANNELL said  he has testified against Real ID  in a number                                                               
of state  legislatures and he  strongly favors SB  202. Referring                                                               
to  previous testimony  from the  administration, he  pointed out                                                               
that  both  are political  appointees  and  from his  perspective                                                               
they're in  favor of Real ID  despite the fact that  the governor                                                               
has  made it  clear that  she has  problems with  it. His  second                                                               
point is  that digital  photos aren't as  secure as  the Polaroid                                                               
photos  that  were  used  previously.   Real  ID  would  compound                                                               
security  issues for  Alaskans by  facilitating free  transfer of                                                               
digital   photos   and   original  documents,   such   as   birth                                                               
certificates, to DMV workers in other jurisdictions.                                                                            
                                                                                                                                
CHAIR FRENCH asked  if he would oppose language  that would allow                                                               
DMV  to continue  to  make driver's  licenses  more secure  while                                                               
maintaining a wall with regard  to complying with aspects of Real                                                               
ID that many find troubling.                                                                                                    
                                                                                                                                
MR. SCANNELL  replied, "If  they're really  our own  decisions as                                                               
Alaskans then that's  okay." He's not sure that  the committee is                                                               
hearing from good-faith partners, but  what he truly opposes is a                                                               
mandate from outside.                                                                                                           
                                                                                                                                
CHAIR FRENCH explained that the  committee is wrestling with what                                                               
happens  when a  mandate from  outside happens  to coincide  with                                                               
what Alaskans believe  is a good idea. When  that happens there's                                                               
going to  be legal trouble distinguishing  whether it's complying                                                               
with  Real  ID or  if  it's  just a  good  idea  with respect  to                                                               
driver's licenses.                                                                                                              
                                                                                                                                
MR.  SCANNELL replied  some Real  ID requirements  would make  no                                                               
sense  in terms  of any  security decisions  that Alaskans  would                                                               
want to make  with respect to driver's licenses.  For example, if                                                               
DMV were to  require photographs to be taken first  that would be                                                               
a clear sign  that it was trying to be  Real ID compliant. "Under                                                               
Homeland Security's  final rules  it states…that the  first thing                                                               
that  happens when  you walk  into the  DMV is  that they  take a                                                               
picture of you."                                                                                                                
                                                                                                                                
2:17:20 PM                                                                                                                    
FRANK  TURNEY, Fairbanks,  expressed the  view that  Alaskans and                                                               
the rest of the citizens in  the U.S. were hoodwinked by the Real                                                               
ID Act passed in 2005. It's  a vicious attack on Fourth Amendment                                                               
rights. He  supports SB 202 but  he would suggest amending  it to                                                               
halt any funding from the  federal government or any other source                                                               
to  implement  the  Real  ID  Act.  Montana  has  done  this  and                                                               
encourages other  states to  do the same.  He has  asked Governor                                                               
Palin to take a stand on  the Fourth Amendment right and exercise                                                               
the Tenth Amendment right versus  the federal government and just                                                               
say no.  Privacy and technology  experts have  submitted detailed                                                               
comments explaining  the privacy and security  threats related to                                                               
the  Real ID  Act.  Three  elected bodies  in  the Interior  have                                                               
passed resolutions  against the Real  ID Act. [Copies are  in the                                                               
bill file.]  He said that  if this is passed  it is the  "mark of                                                               
the beast."                                                                                                                     
                                                                                                                                
2:20:28 PM                                                                                                                    
JOHN  BRADING,  Fairbanks,  said  he  supports  SB  202  with  an                                                               
amendment that  says that Alaska  completely rejects the  Real ID                                                               
Act  because it  violates the  U.S. Constitution  as well  as the                                                               
Alaska  Constitution.   Implementation  will  create   a  vicious                                                               
government  vehicle that  will rob  and  abuse citizen  freedoms.                                                               
It's  an  instrument  of  totalitarianism  that  will  manipulate                                                               
people into  servitude and control  freedom. Without  the freedom                                                               
to travel  uninhibited by whatever  conveyance, liberty  is lost.                                                               
It's  an illegal  invasion of  privacy to  collect a  database of                                                               
information  on   every  citizen  and  it   violates  the  Fourth                                                               
Amendment.  Furthermore, it  will become  an identity  theft free                                                               
for all.  This sort of  continual surveillance leads to  the next                                                               
step, which is a police state. Take a stand, he said.                                                                           
                                                                                                                                
2:22:03 PM                                                                                                                    
BRENT  RICHEY,  Fairbanks,  echoed  things  said  previously.  He                                                               
supports  SB 202  because  the state  shouldn't  pay for  federal                                                               
mandates. In fact, he doesn't agree  with the Real ID Act period,                                                               
regardless of which government pays  for it. It's an infringement                                                               
on Fourth  Amendment rights and  citizen privacy. Whether  SB 202                                                               
passes or not, he doesn't think  Real ID should be implemented in                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:23:29 PM                                                                                                                    
LARRY SMITH, Fairbanks,  said he too is concerned  with the "mark                                                               
of the  beast" because of the  talk about DNA. He  believes there                                                               
will  be identity  theft  "and once  identity  theft starts  then                                                               
they're going to try to put  this chip inside you somehow so that                                                               
they can say well  we'll do away with all of this  if you just do                                                               
this." It's  ridiculous to do  this in Homeland  Security because                                                               
if "we  ever get invaded  and somebody ever  gets a hold  of this                                                               
information they're  going to know  where every single gun  is in                                                               
this country."  To date that's  the only reason we've  never been                                                               
invaded,  he said.  Letting other  countries have  information on                                                               
U.S. citizens is  crazy. We might as well give  them bank account                                                               
numbers  and everything  else because  they'll end  up with  them                                                               
anyway, he said.                                                                                                                
                                                                                                                                
2:24:50 PM                                                                                                                    
MARTI COX, Fairbanks, representing  herself, said she supports SB
202 and all  other opposition to the Real ID  Act. Any benefit to                                                               
security  would be  minimal  and easily  eclipsed  by the  almost                                                               
certain  abuses this  system would  facilitate.  This nation  was                                                               
built on  freedom and  its prosperity is  the result  of freedom;                                                               
she doesn't  want it eroded  by unconstitutional  intrusions such                                                               
as  the Real  ID  Act.  As a  Republican  who  believes that  the                                                               
founding fathers  were wise  to write  the Fourth  Amendment, she                                                               
asked her  fellow Republicans  on the committee  to defer  to the                                                               
founding  fathers when  voting. "America  is the  last ditch  for                                                               
freedom and you five are in that ditch," she concluded.                                                                         
                                                                                                                                
2:26:25 PM                                                                                                                    
CHAIR FRENCH closed public testimony.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI commented  that  the  testimony he's  heard                                                               
indicates  that  SB  202  doesn't  go  far  enough.  Others  have                                                               
expressed  the same  concern  saying that,  even  if the  federal                                                               
government  does  pay  for  this, they  don't  want  it.  Senator                                                               
Therriault highlighted  that the  bill talks  about all  funds so                                                               
perhaps federal funds could be excluded  as well. We should get a                                                               
legal  opinion about  saying flat  out that  we're not  accepting                                                               
Real ID,  he said. "I would  be open to…at least  a discussion on                                                               
that," he said. With respect to  DMV, he emphasized that there is                                                               
no intention  to get in the  way of its best  business practices.                                                               
No  one opposes  DMV wanting  to change  some aspect  of our  own                                                               
sovereign driver's  licenses. Although  there may  be differences                                                               
of opinion, as  a state we should  be able to decide  that on our                                                               
own.                                                                                                                            
                                                                                                                                
2:28:28 PM                                                                                                                    
CHAIR FRENCH set SB 202 aside.                                                                                                  
                                                                                                                                
SENATOR  THERRIAULT asked  if he  intends to  ask the  drafter to                                                               
prepare a  memorandum speaking  to the issue  of how  broadly the                                                               
court would interpret the  current language. Senator Wielechowski                                                               
referred to prohibiting the use of  state funds, but he reads the                                                               
language to  say that the use  of any funds would  be prohibited.                                                               
The drafter  could clarify that  and perhaps suggest  language to                                                               
make  it  clear  that  the  state  can  make  its  own  sovereign                                                               
decisions,  and  if  those  decisions  happen  to  coincide  with                                                               
something  in  the  federal  act   it  wouldn't  specifically  be                                                               
precluded.                                                                                                                      
                                                                                                                                
CHAIR FRENCH added  that he's thinking about  something along the                                                               
lines of  a but-for test--Would  you take  this step but  for the                                                               
federal Real  ID Act? It seems  reasonable for DMV to  be able to                                                               
make  a decision  to put  some different  insignia on  a driver's                                                               
license to  make it more  secure. But if  DMV is taking  steps to                                                               
conform  to the  Real ID  Act, it  sounds as  though everyone  is                                                               
saying not to spend our money on that.                                                                                          
                                                                                                                                
SB 202 was held in committee.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects