Legislature(2005 - 2006)BELTZ 211

02/02/2006 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing TELECONFERENCED
Scott Nordstrand,
Commissioner Department of Administration
< Confirmation Postponed to 02/07/06>
+= SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. TELECONFERENCED
Heard & Held
*+ SB 224 OLDER ALASKANS' DAY TELECONFERENCED
Moved SB 224 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 189-REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                                      
                                                                                                                                
3:41:03 PM                                                                                                                    
CHAIR THERRIAULT announced SB 189 to be up for consideration.                                                                   
                                                                                                                                
SENATOR HUGGINS,  Sponsor of  SB 189, explained  that the  bill is                                                              
an  effort to  prevent individuals  who  are in  the US  illegally                                                              
from  obtaining   an  Alaska  driver's  license.   It  would  also                                                              
reinforce implementation of the federal Real ID Act.                                                                            
                                                                                                                                
DEBORAH GRUNDMANN,  Staff  to Senator Huggins,  drew attention  to                                                              
the proposed work draft committee substitute (CS) 24-LS0920\L.                                                                  
                                                                                                                                
CHAIR THERRIAULT asked for a motion.                                                                                            
                                                                                                                                
SENATOR HUGGINS  motioned  to adopt the  \L version  of SB  189 as                                                              
the working document. There was no objection.                                                                                   
                                                                                                                                
MS. GRUNDMANN paraphrased the sponsor statement.                                                                                
                                                                                                                                
     On  May 11,  2005  President Bush  signed  into law  the                                                                   
     Real  ID Act.  Provisions of  this legislation  improved                                                                   
     security    for   drivers'    licenses   and    personal                                                                   
     identification  cards as well  as set uniform  standards                                                                   
     for state  driver's licenses  and identification  cards.                                                                   
     CSSB  189 is designed  to bring  Alaska into  compliance                                                                   
     with two components of the new federal, Real ID Act.                                                                       
                                                                                                                                
     One, all driver's  licenses and ID card  applicants must                                                                   
     be  either US  citizens or  be able  to establish  their                                                                   
     legal presence.  And those  persons with a time  limited                                                                   
     legal status  may not receive  a driver's license  or ID                                                                   
     card with  an expiration date  later than the  allowable                                                                   
     length of stay.                                                                                                            
                                                                                                                                
She   further  explained   that   if  a   non-citizen's  stay   is                                                              
indefinite, the  expiration date of  the license is one  year from                                                              
the date of issue  and that Alaska has until May  11, 2008 to come                                                              
into compliance with the federal act.                                                                                           
                                                                                                                                
MS. GRUNDMANN introduced Duane Bannock.                                                                                         
                                                                                                                                
CHAIR  THERRIAULT  informed  committee   members  that  he  didn't                                                              
intend to take final action on the bill that day.                                                                               
                                                                                                                                
3:44:05 PM                                                                                                                    
DUANE BANNOCK,  Director, Division  of Motor Vehicles,  Department                                                              
of  Administration, stated  that  he was  pleased  to report  that                                                              
Alaska is  close to 100 percent  compliance with the  federal Real                                                              
ID Act.                                                                                                                         
                                                                                                                                
He  reiterated Ms.  Grundmann's  explanation  of  the bill,  which                                                              
clarifies in  statute that to  receive an Alaska  driver's license                                                              
or state ID card  the applicant must provide proof  that he/she is                                                              
in  the US  legally. The  second part  of the  bill addresses  the                                                              
length  of  time  the  driver's  license or  ID  is  valid.  Under                                                              
current   law  licenses   are  valid   for  five   years  and   no                                                              
consideration is  given to the fact  that some visas may  be valid                                                              
for  less than  that  length of  time. SB  189  proposes that  the                                                              
expiration  date for  the driver's  license or  ID may not  extend                                                              
beyond the time the individual may legally remain in the US.                                                                    
                                                                                                                                
3:48:40 PM                                                                                                                    
SENATOR ELTON  questioned whether  he would  be required  to prove                                                              
he's a US resident when his license is due for renewal.                                                                         
                                                                                                                                
MR. BANNOCK replied, "That is a correct assumption of the bill."                                                                
                                                                                                                                
SENATOR  ELTON   asked  what  kind  of  identification   would  be                                                              
required.                                                                                                                       
                                                                                                                                
MR.  BANNOCK   responded  the  most   common  primary   pieces  of                                                              
identification are  the birth certificate and the  Social Security                                                              
card.  A  list  of  other  valid   documents  is  currently  being                                                              
developed.                                                                                                                      
                                                                                                                                
SENATOR ELTON asked  if it's true that an illegal  Social Security                                                              
card is easy to obtain.                                                                                                         
                                                                                                                                
MR.   BANNOCK    responded   although   not   the    most   secure                                                              
identification,  DMV uses  Social  Security cards  as a  secondary                                                              
identifier.  Thru  regulation  DMV  requires use  of  one  primary                                                              
identifier   and  one   secondary   identifier   or  two   primary                                                              
identifiers.                                                                                                                    
                                                                                                                                
SENATOR  ELTON asked  for  clarification that  he  would need  two                                                              
documents.                                                                                                                      
                                                                                                                                
MR. BANNOCK said that's correct.                                                                                                
                                                                                                                                
SENATOR  ELTON questioned  whether  the bill  codifies in  statute                                                              
what  is current  practice and  if that's  true, how  long it  has                                                              
been the practice.                                                                                                              
                                                                                                                                
MR.  BANNOCK  said  by  regulation  DMV  has  been  requiring  the                                                              
identification outlined  above, but he  didn't know how  long that                                                              
has been the practice.                                                                                                          
                                                                                                                                
SENATOR  ELTON  remarked  he doesn't  remember  ever  showing  the                                                              
required documents when he renewed his license.                                                                                 
                                                                                                                                
MS.  GRUNDMANN  referenced the  bill  and  explained that  if  the                                                              
driver's  license  hasn't  expired, been  canceled,  suspended  or                                                              
revoked the  presumption is that  you have met the  identification                                                              
standard.                                                                                                                       
                                                                                                                                
SENATOR  ELTON asked  whether  that applies  to  the grace  period                                                              
when a license has expired.                                                                                                     
                                                                                                                                
MR. BANNOCK answered  the grace period is specific  to the testing                                                              
requirements.  He added  that under  the provisions  of this  bill                                                              
DMV would  no longer  take another state's  license as  proof that                                                              
the applicant is in the US legally.                                                                                             
                                                                                                                                
3:55:55 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT  closed public  testimony and announced  he would                                                              
hold SB 189 in committee.                                                                                                       

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