Legislature(2017 - 2018)SENATE FINANCE 532
04/12/2017 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB88 | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
| += | SB 88 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
April 12, 2017
9:03 a.m.
9:03:26 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 9:03 a.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Anna MacKinnon, Co-Chair
Senator Click Bishop, Vice-Chair
Senator Peter Micciche
Senator Donny Olson
Senator Natasha von Imhof
MEMBERS ABSENT
Senator Mike Dunleavy
ALSO PRESENT
Senator Bert Stedman, Sponsor; Sheldon Fisher,
Commissioner, Department of Administration; Leslie Ridle,
Deputy Commissioner, Department of Administration.
PRESENT VIA TELECONFERENCE
Dan Lowden, Captain, Alaska State Troopers; Brian Duffy,
Administrative Director, Department of Military and Veteran
Affairs; Marla Thompson, Director, Division of Motor
Vehicles, Department of Administration.
SUMMARY
SB 88 AK MENTAL HEALTH TRUST LAND EXCHANGE
CSSB 88(RES) was REPORTED out of committee with a
"do pass" recommendation and with one previously
published zero fiscal note: FN1(DNR).
SB 34 DRIVER'S LICENSE & ID CARDS & REAL ID ACT
SB 34 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon discussed housekeeping.
SENATE BILL NO. 88
"An Act authorizing a land exchange with the federal
government in which certain Alaska mental health trust
land is exchanged for certain national forest land and
relating to the costs of the exchange; and providing
for an effective date."
9:04:12 AM
Co-Chair MacKinnon relayed that the public hearing for SB
88 had been held on April 10, 2017, and was closed. She
noted the one zero fiscal note attached to the bill.
SENATOR BERT STEDMAN, SPONSOR, thanked the committee for
considering the bill. He believed that the legislation
would serve the state by stimulating the economy and
providing communities more resources for the timber
industry, while retaining iconic viewsheds.
Co-Chair MacKinnon solicited questions from the committee.
9:05:52 AM
Vice-Chair Bishop MOVED to report CSSB 88(RES) out of
Committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSSB 88(RES) was REPORTED out of committee with a "do pass"
recommendation and with one previously published zero
fiscal note: FN1(DNR).
9:06:27 AM
AT EASE
9:08:03 AM
RECONVENED
SENATE BILL NO. 34
"An Act relating to the implementation of the federal
REAL ID Act of 2005; and relating to issuance of
identification cards and driver's licenses; and
providing for an effective date."
9:08:09 AM
Co-Chair MacKinnon relayed that public testimony for SB 34
had been taken on March 27, 2017, and was closed. She
directed attention to a document authored by the Department
of Administration (DOA), and dated April 11, 2017 (copy on
file). The letter was in response to questions by the
committee.
9:09:36 AM
SHELDON FISHER, COMMISSIONER, DEPARTMENT OF ADMINISTRATION,
offered opening remarks.
Co-Chair MacKinnon referred to question 1:
1. What is currently required by REAL ID that we are
not doing?
Commissioner Fisher responded that, currently, when an
applicant presented a source document such as a birth
certificate as proof of identity, the Department of Motor
Vehicles (DMV) accepted that document at face value. The
federal REAL ID Act would require DMV to verify the
authenticity of that source document by confirming the
information with an existing database, such as the National
Bureau of Vital Statistics data base for birth
certificates. Additionally, DMV would be required to take
an applicant's photo at the beginning of the process as
well as the end, to protect against fraud.
9:11:40 AM
Co-Chair MacKinnon asked whether there was reason to
believe that individuals were fraudulently obtaining
identification by the methods laid out in the REAL ID Act.
DAN LOWDEN, CAPTAIN, ALASKA STATE TROOPERS (via
teleconference), responded that he did not have first-hand
knowledge of an occurrence, but recalled previous testimony
in the other body by am employee of the DMV, that listed
approximately 5 instances of fraud per month.
Co-Chair MacKinnon asked whether there was a public safety
reason for photographs on IDs.
Captain Lowden stated that troopers used the photographs
and the backup documentation for various purposes. He said
that missing persons posters and wanted persons were
created from ID photos, as well as using the photos to
identify deceased persons. He furthered that the photos
were used in photo line-ups for suspect identification. He
relayed that law enforcement in the field had access to the
photos through dispatch centers, which is useful for
identifying people who might not be carrying their ID.
9:15:01 AM
Captain Lowden stated that the photos were used when
troopers wanted to identify people wanted in other states,
or if a suspect escapes police custody. He specified that
the documents were used to help verify validity of an
identification card or driver's license. The documents and
photographs were used to help in identity theft cases, and
to reconcile criminal history and driving records. There
were occasions when photos were used to determine whether
multiple records needed to be moved into a single file.
9:17:29 AM
Co-Chair Hoffman asked Commissioner Fisher to remind the
committee about the timeline for enactment and
implementation of the REAL ID Act.
Commissioner Fisher detailed that the United States
Department of Homeland Security had stated that without a
waiver, individuals that did not have a REAL ID compliant
license would require some other federally recognized form
of ID to access military bases starting June 2017, and to
get through TSA, staring January 2018. He said that if the
legislation passed, the department believed it would be
able to secure another waiver that will allow the state
more time to implement. He anticipated that it would take
the department until the middle of 2018, to finish the
implementation and begin to issue compliant IDs. He said
that the state expected the waiver to be granted, and that
the implementation should not be a disruption to Alaska
residents.
9:19:17 AM
Vice-Chair Bishop requested clarification about the
documentation required to access military bases. He
expressed concern about the spread of misinformation.
Commissioner Fisher had received assurance that if the
legislation passed, the state would receive another waiver,
which would allow Alaskans to access military bases and
pass through TSA, for an extended period. He said that the
waiver would continue until implementation was complete. He
added that according to the material published by the
Department of Homeland Security (DHS), a real ID would be
sufficient to enter military bases.
Vice-Chair Bishop requested confirmation from DHS that the
REAL ID would be accepted on military bases.
9:21:42 AM
BRIAN DUFFY, ADMINISTRATIVE DIRECTOR, DEPARTMENT OF
MILITARY AND VETERAN AFFAIRS (via teleconference), assured
the committee that the Real ID would be not only
sufficient, but required.
Co-Chair MacKinnon shared that there was a section of the
state population that was asserting that if the state did
nothing, waivers would continue to be issues, and employees
on military bases would be able to enter and exit without a
REAL ID.
Mr. Duffy stressed that military bases in Alaska were
currently in compliance with provisions of the REAL ID Act.
He relayed that individuals that did not have a United
States Department of Defense (DOD) identification card, or
compliant ID, were either being denied entry or were being
escorted by a DOD ID holder while on an installation. He
said that without a change in statute by the expiration
date of June 6, 2017, Alaska driver's licenses and similar
identification cards from 6 additional states, would be
added to the list of identification cards designated
insufficient. He concluded, saying that installations had
no waiver authority, and that there should be no
expectation that the authority would be pursued.
9:23:44 AM
Senator von Imhof worried about what would happen regarding
access during the one-year implementation process.
Mr. Duffy stated that installations would recognize current
identification cards through the new extended expiration
date allowed by the anticipated waiver.
Commissioner Fisher reiterated that for the expiration date
to be extended the state would need to receive another
waiver from DHS. He maintained that assurances had been
given by DHS, that if the legislation were to pass, the
state would receive the waiver. He added that if the
legislation did not pass, the state should not expect to
receive an additional waiver.
9:25:02 AM
Vice-Chair Bishop requested the assurances from DHS in
writing.
Commissioner Fisher said that the assurances had been
verbal, but that DHS had proven to be true to their word.
9:25:42 AM
Senator Micciche asked whether the current transportation
worker identification card met the requirements for
unescorted entrance into a military installation.
Mr. Duffy replied in the affirmative. He added that there
were 20 various forms of identification that met the
current requirements.
Senator Micciche asked whether the switch to a REAL ID was
optional for Alaskans.
Commissioner Fisher answered in the affirmative. He said
that the intent of the legislation was to give Alaskan's
the choice.
Senator Micciche understood that the choice would also be
available to workers requiring access to military bases.
Commissioner Fisher answered in the affirmative.
9:27:49 AM
Vice-Chair Bishop requested that Captain Duffy provide the
committee with a list of the 20 alternative forms of
approved identification.
Mr. Duffy stated that a letter had been provided to House
State Affairs that could be forwarded to the committee.
Co-Chair MacKinnon asked whether the information required
for the alternative forms of ID were fed into a database.
Mr. Duffy responded that he did not have direct knowledge
on the issue.
Co-Chair MacKinnon directed the question to the
administration.
Commissioner Fisher understood that enhanced identification
documents had similar requirements for validation. He did
not know whether there was an existing database for every
form of ID.
Co-Chair MacKinnon asked whether all the information
required for the alternative IDs was the same.
Commissioner Fisher stated that some IDs could require more
information, but that it was his understanding that the
minimum was consistent across all 20 alternative forms.
Co-Chair MacKinnon asked whether Real ID simply required
the verification of the information already required by
alternative forms of ID.
Commissioner Fisher provided the example of a person
brining a passport as a primary source of identification,
the validity of the passport would be scrutinized,
similarly with a birth certificate or a social security
card; primary documents that were offered would be vetted
for validity.
9:30:16 AM
Co-Chair MacKinnon wondered whether the administration was
bringing forward a solution to the problem Alaskan's would
face of not being able to use their existing Alaska
driver's license or state ID to access a federal facility
as early as June 1, 2017,
Commissioner Fisher answered in the affirmative. He
clarified that the date would be June 7, 2017, with the
waiver expiring on June 6. He said that the first
facilitates that would be affected would be military bases.
Co-Chair MacKinnon understood that the second phase would
begin January 1, 2018, at which time Alaskan's ability to
fly would be limited if they did not have the proper ID to
board commercial aircraft.
Commissioner Fisher stated that the date would be January
22, 2018. On that date residents would be required to have
a REAL ID compliant license, or another acceptable
alternative, to fly.
Co-Chair MacKinnon understood that the intent of the
legislation was to offer Alaskans a choice whether to
comply with the REAL ID requirements or seek another
acceptable alternative form of ID.
Commissioner Fisher answered in the affirmative.
9:32:30 AM
Co-Chair MacKinnon asked whether Alaskans would face other
hurdles in having to re-present their verification
documents each year, and would they be unable to access DMV
applications online, without REAL ID compliant
certification.
Commissioner Fisher explained that the governor's bill
would not change the DMV's ability to retain documentation,
such as photographs and copies of primary source documents.
He said that if the bill as originally drafted was passed
by the legislature, those that received a non-compliant
license would continue to be able to renew their license in
a way like the current process. He stated that some had
suggested that the information should not be retained by
DMV beyond a certain timeframe. He lamented that destroying
the information would require residents to re-present their
primary source documents each time they renewed their
license.
Co-Chair MacKinnon interjected that the Senate State
Affairs Committee had amended the bill to require the
destruction of recorded source documents after a certain
period.
9:34:25 AM
AT EASE
9:36:12 AM
RECONVENED
Commissioner Fisher clarified that the division currently
maintained records for 15 years, while the Real ID would
require records to be maintained for 10 years.
9:36:39 AM
Senator von Imhof asked whether the legislation would
increase the workload for DMV employees, or the time it
took for patrons to receive service, and whether the DMV
had considered outsourcing possible work overflow.
Commissioner Fisher felt that the DMV had handled the
change in the workload in a streamlined and efficient
manner through process engineering. He admitted that there
could be slight disruptions and possible additional steps
that would need to be employed. He said that the department
had considered the option of using third-party sources for
work overflow and for issuing compliant IDs as well.
9:39:32 AM
MARLA THOMPSON, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF ADMINISTRATION (via teleconference),
commented that the division was excited to work with
business partners to streamline the process and was
currently in "test mode" with a vendor working on driver's
licenses and IDs. She said that within the next 30 days,
the division was planning to launch more partnerships.
Senator von Imhof assumed that the partners were private
entities that could currently provide driver's licenses,
and eventually the REL ID.
Ms. Thompson answered in the affirmative.
9:40:39 AM
Co-Chair Hoffman asked whether first time READ ID
applicants would be required to provide a birth certificate
to qualify for an ID. He queried what would be different
from the current process when it came to license renewal.
Commissioner Fisher responded that a person would need to
produce the primary source documents again, even if they
had been previously presented, to receive a REAL ID for the
first time. He stated that the documents would then be
validated through existing databases.
Co-Chair Hoffman asked whether applicants for the REAL ID
act could anticipate the same timeframe of 7 to 10 days to
receive their ID.
Commissioner Fisher answered in the affirmative.
9:42:33 AM
Senator Micciche felt that the documents that were required
to be TSA compliant, post January 2018, had similar or more
stringent requirements than the REAL ID. He asked whether
the administration could provide a list of the documents
that were TSA compliant for flying, and whether any of
those documents required less information than a REAL ID.
Commissioner Fisher replied that the most common form of ID
would be the passport; additionally, a foreign passport -
with an appropriate visa - would qualify, or a permanent
resident card. He said that all the qualifying IDs required
an equal, if not more stringent, process.
9:44:57 AM
Co-Chair Hoffman expressed concern that many people in
smaller communities did not have passports, and thought
many did not have access to their birth certificates. He
wondered how DMV could expeditiously assist rural Alaskans
seeking a REAL ID.
LESLIE RIDLE, DEPUTY COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, stated that the department had been in
communication with the DHS about the unique needs of the
state regarding the rural population. She shared that a
longer waiver could be sought to ensure that all Alaskans
had access to a REAL ID.
Ms. Thompson added that the DMV would assist rural Alaskans
to procure the appropriate source documents. She offered to
research the issue and provide more information at a later
date.
Co-Chair Hoffman envisioned that the issue of rural
Alaskans having trouble in procuring the appropriate
documents for travel would be a frequent occurrence.
9:48:47 AM
Co-Chair MacKinnon wondered whether an outreach campaign
was planned for rural Alaskans upon passage and
implementation of the legislation.
Commissioner Fisher assured the committee that the
department would develop a strategy and come back to the
committee with more information.
9:49:43 AM
Vice-Chair Bishop spoke of Commercial Driver's Licenses
(CDL). He hoped that DMV branches in, and around, rural
areas of the state would be sufficiently staffed to
accommodate the increased workload associated with the
legislation.
9:51:17 AM
Senator von Imhof pondered the list of primary and
secondary source documents. She believed that the
legislation could lead to an increase in requests for the
documents.
Commissioner Fisher clarified that the primary and
secondary source documents were not issued by DOA.
Senator von Imhof asked where residents could go to obtain
a copy of their marriage license or birth certificate.
Commissioner Fisher shared that the Division of Vital
Statistics housed those documents. He thought that the
department could help in directing people to the division.
Co-Chair MacKinnon interjected that the person would have
to travel to the state in which they were born, or married,
to access those documents.
9:53:33 AM
Co-Chair MacKinnon queried the storage of personal data by
the department.
Commissioner Fisher specified that the department stored
original applications containing social security numbers, a
copy of the submitted primary documentation, and the
photograph taken at the issuance of the ID. He said that
none of that information was shared outside of the state
and was stored in DMV servers, protect by the state
firewall, which would not change under the legislation.
Co-Chair MacKinnon referred to question 4. She also
inquired whether there had ever been a security breach.
Commissioner Fisher responded that the information was
restricted on an "as needed" basis; different individuals
would have different levels of access depending on their
need. He added that the access was monitored and audited
regularly. He shared that background checks were required
for employees of the department and state partners. He
stated that he was not aware of a breach of information
within his tenure.
Ms. Thompson added that she was unaware of the occurrence
of a security breach.
9:56:24 AM
Co-Chair MacKinnon understood that marriage and birth
certificates went through extensive processing. She said
that voter registration cards differed, and expressed
concern that there were names on the voter registration
roles that did not match current addresses. She thought
that if a voter registration card were going to be allowed
as primary ID for a READ ID, then the voter registration
database should be updated.
Commissioner Fisher clarified that the department used
secondary documentation to verify an individual's presence
in the state. He agreed that it should be examined as to
whether voter registration was of sufficient reliability
for a REAL ID.
9:58:17 AM
Co-Chair MacKinnon thought that the only means of updating
the voter registration was to purchase the social security
list of deceased Americans every year, and then cross
sectioned it with the state's data, which could be
expensive.
Commissioner Fisher understood that the legislature had
passed a bill that allowed the state to share information
with the Electronic Registration Information Centre (ERIC).
He said that the intention had been to ensure that an
individual could not register to vote in multiple states.
The believed that this gave the department some insight
whether a person had left the state.
10:00:04 AM
Co-Chair MacKinnon asked whether the information shared
within the DMV was similar to the information shared on
ERIC.
Commissioner Fisher stated that most of the information was
identical. He said that the DMV did not provide phone
numbers or email addresses, and that the ERIC provided 4
digits of the social security number, and the DMV provided
5.
Co-Chair MacKinnon surmised that the legislature had
already implemented some of the information sharing
necessary to improve voter registration counts.
Commissioner Fisher answered in the affirmative.
10:01:00 AM
Senator von Imhof asked whether an effort was being made to
lower the number of digits of the social security number
used by the DMV, from 5, to 4.
Commissioner Fisher stated that the process had alerted the
department to the sensitivity of the using the fifth digit
of a social security number. He said that the process that
the department worked through with the American Association
of Motor Vehicle Administrators (AAMVA) the state managed,
non-profit association that helped facilitate the
coordination of information required 5 digits. He shared
that work was being done to see if the number could be
lowered to 4.
10:02:06 AM
Co-Chair MacKinnon referred to question 5:
Where is the federal requirement that Alaska use a
multi-state verification system?
Commissioner Fisher read from the response letter:
PL 109-13 Division B (REAL ID ACT of 2005) requires
states to work together to ensure access of data to
verify identity. The Act does not specify how this is
done. CFR Part 37 further addresses the issue of
multi-state versification systems. DHS had stipulated
the S2S system developed by the states through AAMVA
will meet the requirements of the Act and
corresponding regulations.
Commissioner Fisher relayed that other ways could be
constructed to meet the AAMVA requirement, but they would
most likely be more costly and difficult. He gave a brief
background on the history of AAMVA.
10:04:27 AM
Vice-Chair Bishop commented that AAMVA included the
provinces of Canada.
Commissioner Fisher concurred.
Co-Chair MacKinnon recounted the issues covered during the
meeting and solicited questions from committee members. She
said that fiscal notes attached to the legislation would
continue to evolve as the bill was discussed in committee.
Co-Chair MacKinnon discussed housekeeping.
ADJOURNMENT
10:06:07 AM
The meeting was adjourned at 10:06 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 34 - DPS Response re document retention.pdf |
SFIN 4/12/2017 9:00:00 AM |
SB 34 |
| SB 34 DOA response S FIN 4.11.17.pdf |
SFIN 4/12/2017 9:00:00 AM |
SB 34 |