Legislature(2007 - 2008)BELTZ 211
04/03/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB228 | |
| HJR32 | |
| HB193 | |
| HJR19 | |
| HJR38 | |
| HB252 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 19 | TELECONFERENCED | |
| + | HB 193 | TELECONFERENCED | |
| + | HJR 32 | TELECONFERENCED | |
| + | HJR 38 | TELECONFERENCED | |
| + | HB 252 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 228 | ||
HJR 19-OPPOSE FEDERAL ID REQUIREMENTS
10:08:12 AM
CHAIR MCGUIRE announced HJR 19 to be up for consideration.
[Before the committee was CSHJR 19(STA).]
RYNNIEVA MOSS, Staff to Representative Coghill, said the
resolution started out being over two pages, but it was cut down
to focus on the Tenth Amendment. States have been regulating
driver's licenses for well over 100 years. Real I.D. infringes
on this right. The thing that bothers Senator Coghill the most
is that the federal government will not punish the state for not
complying, but will punish the individual at customs or getting
on flights. It hurts Alaska and Hawaii more than other state.
The resolution tells the federal government that the Real I.D.
won't create more secure boundaries, it won't increase the
safety of Alaska citizens, and individuals shouldn't be punished
for a position the state may take. The Real I.D. Act was put in
an appropriations bill and few people who voted on it know
what's in it.
10:10:01 AM
CHAIR MCGUIRE said this committee is relatively familiar with
Real I.D.
GREGORY HOLLAUS, Fairbanks, spoke of Nenana ice tickets and
feels he is owed money.
JOHN BRADING, Fairbanks, said it is disheartening to see the
loss of liberty if Real I.D. is implemented and he can see the
web it has spun. Instead of iron bars, the code readers will
send out an invisible wave surrounding his body and imprisoning
people in electronic cells. Real I.D. is an instrument to
intimidate law-abiding citizens designed to maneuver the people
into servitude leading to bondage. He supports HJR 19.
10:14:41 AM
FRANK TOURNEY, Fairbanks, said he supports HJR 19 and thanks
Representative Coghill and Senator Wielechowski. Interior city
councils and the borough assembly passed resolutions opposing
the Real I.D. Act. He asked the committee to explore whether HB
3 could be implemented into HJR 19 and SB 202 without civil
liberty infringement. He always supports the military, but all
elected official are sworn to protect liberties and freedoms. It
is your hands.
BRENT RICHIE, Fairbanks, said he supports HJR 19. Real I.D. is
an overreaction by the federal government. The nation's security
is the responsibility of the military and civilian police. He
agrees with the Tenth Amendment argument. The constitution does
not give federal power to trump the states' right to issue their
own I.D. or driver's licenses. Fiscally it is wrong for the
federal government to demand this without providing money. He
read a speech by a representative from the Cato Institute who
said that the Department of Homeland Security numbers indicate
this would cost at least $17 billion. But the estimate of the
benefit is only $2.24 billion to $13.1 billion. The Real I.D.
Act will cost more than the security benefit.
10:19:01 AM
SCHAEFER COX, Fairbanks, said he supports SJR 19 , and asked for
an amendment to clarify a presupposition of the constitution and
objective moral law. The constitution states that it is the
highest law of the land. If that's the case, there is objective
moral law, which is the recognition of what already is. On the
other hand, arbitrary sociological law is the whim of whoever is
dominant at the moment and line 15 appears to validate that. He
proposed line 15 be amended to say the legislature "can" wage
war on terrorism rather than "should" wage war on terrorism. "It
reads 'can' if we have objective moral law and it reads 'should'
if we have arbitrary sociological law." He said, "I am proud of
you all for being the champion of what once was in America."
10:21:08 AM
PATRICK DALTON, Delta Junction, said Real I.D. was on the back
of an Iraq funding bill and received no deliberation in the U.S.
Senate. Proponents of the Real I.D. said it is not a national
I.D. and in a sense it is not. It is global not national. It
trashes the right Alaska to privacy, the Fourth Amendment that
guarantees no unreasonable searches and seizures without a
warrant. It allows every American to be searched without
probable cause. The Real I.D. Act also violates religious
freedom for many people who literally believe the Bible.
Christians are forbidden to submit to a numbering system for the
hands and foreheads so this alienates that sector of Christians
in America. The light of day is revealing the Real I.D. Act as
it really is -- a hallmark of an authoritarian society. In
Alaska there is a groundswell of public opposition; two measures
were passed at the Republican convention and will be posted as
part of the Alaskan Republican Party as of May, 14.
10:24:33 AM
KEVIN BROOKS, Deputy Commissioner, Department of Administration
(DOA), said that DOA supports HJR 19. It's a state's right issue
to implement and maintain rules governing issuance of driver's
licenses. The federal government shouldn't impose unfunded
mandates. There are many things that make good business sense
for the department to do and it tries to strike a balance.
SENATOR STEVENS said the National Organization of Legislators
and the National Council of State Legislatures have both opposed
forcing states to pay but have not taken a strong position on
what's been heard today. He asked if he thinks that real I.D.
would have stopped the 911 terrorists.
MR. BROOKS said his understanding is that the perpetrators held
legal U.S. identification that was attained illegally. People
who are intent on doing something like that will find a way to
do it. Some of the things that can be done, fall in the category
of what makes good business sense. That includes using digital
photos and training staff to detect fraudulent documents.
Whether the actions could have been prevented is speculative.
The good business practices that have come about since 911 don't
make Alaska altogether compliant with the Real I.D. Act, but
they are prudent things the state should do. "But they ought to
be our choice to do those." He noted that HB 3, the legal
presence bill, helps to tighten things, but doesn't address RF
chips or other things that are readable without the individual's
knowledge. Again he said it's the job of DMV to strike the
balance of things that are a good idea to do without submitting
to funded or unfunded mandates.
10:28:41 AM
CHAIR MCGUIRE said he and Ms Brewster have been patient on this
issue and mindful of the committee's concern about the
protection of state rights. There's the overarching goal of
protecting the country against terrorism yet national I.D. is
onerous and begins to encroach on citizen freedoms and the state
rights.
WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV),
clarified that the Department of Homeland Security is estimating
that the cost to implement Real I.D. will be $3.9 billion. With
respect to the issue of a requiring a radio frequency chip, the
final rule requires a 2d bar code.
10:31:04 AM
SENATOR STEVENS moved to report HJR 19 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHJR 19(STA) moved from committee.
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