Legislature(2017 - 2018)BUTROVICH 205
05/13/2017 09:00 AM Senate RULES
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| Audio | Topic |
|---|---|
| Start | |
| HB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 16 | TELECONFERENCED | |
HB 16-DRIV. LICENSE REQ;DISABILITY:ID &TRAINING
9:02:46 AM
CHAIR MEYER announced the consideration of HB 16. [SCS HB
16(FIN) was before the committee.] He asked for a motion to
adopt the Senate Rules committee substitute (CS).
SENATOR MACKINNON moved to adopt SCS HB 16 (RLS), version 30-
LS0194\O, as the working document.
CHAIR MEYER objected for an explanation.
9:03:26 AM
SUZANNE CUNNINGHAM, staff to Senator Meyer and the Senate Rules
Committee, Alaska State Legislature, Juneau, Alaska, reviewed
the following sectional analysis and explanation of changes in
SCS HB 16(RLS):
Section 1: Intent language that provides that the State of
Alaska should continue efforts to amend the REAL ID
Act to protect the privacy of Alaskans.
Section 2: Amends AS 18.65.220 to include statutory
language that expands the duties of the police
standards council's training program to include
training in recognizing and interacting with a person
with disabilities, as well as familiarization with
resources that are available to those with hidden
disabilities.
MS. CUNNINGHAM noted that this section was in the original
version of HB 16.
Section 3: Amends 18.65.310(a) to set the fee for REAL ID
compliant identification cards at $20.
Section 4: Amends 18.65.310(b) to require an application
for an identification card to include a provision that
the applicant understands the options between the
identification card types and what type of card is
being selected.
9:05:19 AM
Section 5: Adds new subsections to 18.65.310:
(m) Provides that a person may voluntarily designate
on their state identification card that the person has
a disability and what proof the individual needs to
provide to receive the designation.
MS. CUNNINGHAM noted that this subsection was in the
original version of HB 16.
(n) Requires the department to adopt regulations to
issue federally compliant identification cards and
requires an applicant for an identification card to
specifically choose one. Limits the documents that can
be copied/scanned and retained to the minimum of what
is required by REAL ID and codifies the retention
period of 15 years, which matches what is currently in
regulation.
(o) Requires the state to continue to offer non-
compliant identification cards and requires an
applicant to specifically choose a federally compliant
identification card. Prohibits the State or a
municipality from requiring a person to get a
federally compliant identification card, but allows
for an exception when the State or a municipality is
acting as an employer and the job duties require use
of a compliant identification card.
For non-compliant identification cards, it limits
retention of facial images to 15 years, prohibits
retention if a card is not issued, and limits
retention of verification documents to a year after
the expiration date of the license.
(p) Allows the department to issue an identification
card with a validity of less than eight years if it
matches the amount of time that a person is legally
authorized to be in the country. Allows the department
more discretion with the expiration date for a card
when the authorized stay of an individual is
indeterminate - provides that an identification card
to be valid "up to eight years."
Provides when an identification card can be renewed
and guidelines for renewal by mail or via the
department's website.
(q) Requires the department to provide the public with
information about the differences between current
cards (non-compliant) and federally compliant cards,
including what a federally compliant identification
card is required for and what alternatives are
available.
(r) Provides a definition of "identification card that
is federally compliant"
Section 6: Amends AS 18.65.670(c) to include disability
training to village public safety officers.
MS. CUNNINGHAM noted that this was an original provision of
HB 16.
Section 7: Amends AS 28.05.011 by adding a new subsection
that provides that if the department publishes a
manual related to safe and lawful operation of a motor
vehicle, the manual must include the rights and
responsibilities of drivers when encountering or being
stopped by an officer.
MS. CUNNINGHAM noted that this was an original provision of
HB 16.
Section 8: Adds new subsections to 28.05.068:
(a) Provides that if data is being shared with other
entities to comply with the REAL ID Act, limits
that data to what is required.
(b) - (e): Adds language relating to the sending of
social security numbers to other entities for
verification that a person who is applying for a
driver's license is not already licensed in another
state. The language requires the department to take
"all steps necessary" to eliminate the use of social
security numbers, or otherwise minimize the number of
digits of a social security number required to be
stored or shared.
(f) Requires an annual report of the efforts made in
(b) - (e); this section is repealed in 2021 by section
18 of this bill.
Section 9: Adds new subsections to 28.15.041, relating to
the issuance of driver's licenses, to mirror the
provisions in section 5 of the bill for identification
cards.
(d) Requires the department to adopt regulations to
issue federally compliant driver's licenses. Limits
the documents that can be copied/scanned and retained
to the minimum of what is required by REAL ID and
codifies the retention period of 15 years, which
matches what is currently in regulation.
(e) Requires the state to continue to offer non-
compliant licenses. Requires an applicant to
specifically choose a federally compliant license.
Prohibits the State or a municipality from requiring a
person to get a federally compliant license, but
allows for an exception when the State or a
municipality is acting as an employer and the job
duties require use of a compliant license.
For a non-compliant license, it limits retention of
facial images to 15 years, prohibits retention if a
license is not issued, and limits retention of
verification documents to a year after the expiration
date of the license.
(f) Requires the department to provide the public with
information about the differences between current
driver's licenses (non-compliant) and federally
compliant licenses, including what a federally
compliant identification card is required for and what
alternatives are available.
9:11:04 AM
Section 10: Adds a new subsection to 28.15.061(b) that
mirrors the language for identification cards in
Section 4. Requires that an application for a driver's
license includes a provision that the applicant
understands the options between the driver's license
types and what type of license is being selected.
Section 11: Amends 28.15.101 (a) to extend the validity of
a driver's license to eight years (from the current
five).
Section 12: Amends 28.15.101 (d), similar to the provisions
in Section 5, subsection (o) of this bill, to allow
the department to issue a driver's license with a
validity of less than eight years if it matches the
amount of time that a person is legally authorized to
be in the country and also repeals language allowing a
person to renew their license for free if the license
was valid for less than the maximum.
Allows the department some discretion with the
expiration date for a license when the authorized stay
of an individual is indeterminate - provides that an
identification card to be valid "up to eight years."
Section 13: Amends 28.15.111(a) to update the security
requirements of cards to the highest security
standards available.
9:12:27 AM
Section 14: Amends AS 28.15.111 by adding new subsections:
MS. CUNNINGHAM noted that these new subsections were
contained in the original HB 16.
(d) Provides that a person may voluntarily select a
disability designation on their driver's license. This
subsection also establishes the proof required for the
designation and fees that may be charged.
(e) Provides that the department may not engage in
bulk sharing of facial images captured during the
application process for driver's licenses (other than
commercial driver's licenses) with entities outside
the state; and requires a commercial driver's license
to be federally compliant.
Section 15: Amends 28.15.271(b) to charge a $20 fee for a
driver's license that is federally compliant.
Section 16: Adds a new subsection to AS 28.90.990(a) to
define "driver's license that is federally compliant"
Section 17: Repeals AS 44.99.040(a)(2), the statute that
prohibits use of assets to implement the REAL ID Act.
Section 18: Repeals AS 28.05.068(f) - the reporting
requirement added by section 5 of this bill - on June
30, 2021.
Section 19: Transitional Provisions: Allows the Department
of Administration to adopt regulations to implement
this Act.
Section 20: Immediate effective dates for Section 17
(repeal) and Section 19 (authority for regulations).
9:14:01 AM
Section 21: Effective date of January 1, 2019 for the
remainder of the bill.
9:14:51 AM
CHAIR MEYER advised that the new CS merges SB 34 (REAL ID) with
HB 16.
He removed his objection, and asked if there was further
objection.
SENATOR GARDNER objected for discussion purposes.
CHAIR MEYER renewed his objection.
CHAIR MEYER said both bills have been fully vetted. He explained
that the reason for merging them is that SB 34 is a priority of
the Governor's and is under a tight deadline for passage.
9:15:49 AM
SENATOR GARDNER said the concern some Alaskans have with the
REAL ID Act is the sharing of data. She asked if the bill allows
identifying data from a non-compliant state ID card to be shared
with any entity outside the state. She specifically referenced
Section 5 and [paragraph (2)] on page 8, line 25.
MS. CUNNINGHAM said she doesn't believe the information is
shared, but she'd like a representative from the administration
to confirm her answer.
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), Anchorage, Alaska, explained
that DMV checks to make sure an applicant for a driver's license
isn't licensed in another jurisdiction. This mandate also
applies to a non-compliant driver's license. "We don't share
information unless there's a match and we don't share
information in bulk," she said.
9:18:37 AM
SENATOR GARDNER asked if her personal information would be
shared with entities outside Alaska if she got a non-compliant
driver's license.
MS. THOMPSON answered no, but if you use that non-compliant
license as identification to get a license in another state, the
Alaska DMV would be notified and would cancel the Alaska
license.
SENATOR GARDNER referenced the existing language in AS
18.65.310(a) in Section 3. She said that she got a state ID card
this year when she replaced her driver's license. She found it
curious that the ID card is the same color as the license and it
doesn't clearly state that it's for ID purposes only.
MS. THOMPSON said she would follow up with an explanation.
CHAIR MEYER noted that Captain Dan Lowden with the Alaska State
Troopers was available to answer questions.
9:19:28 AM
SENATOR MICCICHE suggested the Rules Committee get the document
that the Department of Administration provided to the Senate
Finance Committee. "It clarifies the way things are today and
the things that don't change with a regular compliant license
and then what is shared." He said he found the document to be
very helpful.
SENATOR GARDNER referenced Section 18 that repeals the reporting
requirements of REAL ID. She surmised that the mandate for a
report is being repealed because [by June 30, 2021] "we
anticipate we've either thrown in the towel of had some
success."
9:21:00 AM
LESLIE RIDLE, Deputy Commissioner, Department of Administration
(DOA), Juneau, Alaska, said the committee wanted DOA to report
on its efforts, but not in perpetuity. The hope was that
Congress would have changed the law by 2021.
9:21:46 AM
MS. CUNNINGHAM reviewed the five fiscal notes for HB 16.
Fiscal Note Number 3 from the Department of Public Safety is
zero.
Fiscal Note Number 4 from the Department of Corrections,
Population Management is zero.
Fiscal Note 5 from the Department of Military and Veterans'
Affairs, Military and Veterans' Affairs Homeland Security and
Emergency Management is zero. This new fiscal note is similar to
one adopted by the Senate Finance Committee for SB 34. It was
rewritten to accompany HB 16.
Fiscal Note 6 from the Department of Public Safety, Statewide
Support Commissioner's Office is zero. This new fiscal note is
similar to one adopted by the Senate Finance Committee for SB
34. It was rewritten to accompany HB 16.
Fiscal Note 7 from the Department of Administration, Division of
Motor Vehicles outlines the out-year cost estimates for
expenditures and revenues that will be generated by issuing REAL
ID cards and licenses. It also notes the estimated FY2018
capital costs. This new fiscal note is similar to one adopted by
the Senate Finance Committee for SB 34. It was rewritten to
accompany HB 16. The legislative liaison for the Department of
Administration reviewed the content of this fiscal note for the
Senate Finance Committee yesterday.
CHAIR MEYER noted that the Co-Chair of the Senate Finance
Committee was on the Rules Committee and available to answer
questions about the fiscal note.
CHAIR MEYER removed his objection to adopting the committee
substitute.
9:24:35 AM
SENATOR GARDNER removed her objection.
CHAIR MEYER found no further questions or objection and
solicited a motion.
SENATOR MACKINNON moved to report SCS HB 16(RLS), version 30-
LS0194\O, from committee with individual recommendations and
attached fiscal note(s).
CHAIR MEYER announced that without objection, SCS HB 16(RLS)
moved from the Senate Rules Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0016C.PDF |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB0016-3-2-012717-DPS-N.PDF |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB0016-4-2-032717-COR-N.PDF |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016.Commissioner_Fisher_Correspondence.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016.LS0194O.05122017.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016RULES.DMVA.DHSEM.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016RULES.DOA.DMV.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016RULES.DPS.COMM.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |
| HB016RULES.EXPLANATION OF CHANGES.05132017.pdf |
SRLS 5/13/2017 9:00:00 AM |
HB 16 |