Legislature(2005 - 2006)BUTROVICH 205
03/21/2006 08:30 AM JUDICIARY
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ALASKA STATE LEGISLATURE SENATE JUDICIARY STANDING COMMITTEE March 21, 2006 8:34 a.m. MEMBERS PRESENT Senator Ralph Seekins, Chair Senator Charlie Huggins, Vice Chair Senator Gene Therriault Senator Hollis French Senator Gretchen Guess MEMBERS ABSENT All members present COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 318(FIN) am "An Act limiting the exercise of eminent domain." BILL POSTPONED TO 3/22/06 SENATE BILL NO. 189 "An Act relating to issuance of identification cards and to issuance of driver's licenses." MOVED CSSB 89(STA) OUT OF COMMITTEE PREVIOUS COMMITTEE ACTION BILL: SB 189 SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE/I.D. SPONSOR(s): SENATOR(s) HUGGINS 04/27/05 (S) READ THE FIRST TIME - REFERRALS 04/27/05 (S) STA, JUD 05/03/05 (S) STA AT 3:30 PM BELTZ 211 05/03/05 (S) <Above Bill Hearing Canceled> 02/02/06 (S) STA AT 3:30 PM BELTZ 211 02/02/06 (S) Heard & Held 02/02/06 (S) MINUTE(STA) 02/07/06 (S) STA AT 3:30 PM BELTZ 211 02/07/06 (S) -- Rescheduled from 02/02/06 -- 02/08/06 (S) STA RPT CS 4DP 1NR TECH TITLE CHANGE 02/08/06 (S) DP: THERRIAULT, WAGONER, HUGGINS, DAVIS 02/08/06 (S) NR: ELTON 02/08/06 (S) FIN REFERRAL ADDED AFTER JUD 03/21/06 (S) JUD AT 8:30 AM BUTROVICH 205 WITNESS REGISTER Deborah Grundmann, Legislative Aide Staff to Senator Huggins Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced SB 189 for the sponsor Duane Bannock, Director Division of Motor Vehicles Department of Administration PO Box 110200 Juneau, AK 99811-0200 POSITION STATEMENT: Answered questions related to SB 189 ACTION NARRATIVE CHAIR RALPH SEEKINS called the Senate Judiciary Standing Committee meeting to order at 8:34:14 AM. Present were Senators Hollis French, Charlie Huggins, Gretchen Guess and Chair Ralph Seekins. SB 189-REQUIREMENTS FOR DRIVER'S LICENSE/I.D. 8:34:14 AM CHAIR RALPH SEEKINS announced SB 189 to be up for consideration. He recognized the sponsor, Senator Charlie Huggins. 8:35:00 AM SENATOR CHARLIE HUGGINS introduced Deborah Grundmann to speak for the bill. DEBORAH GRUNDMANN, Staff to Senator Huggins, explained to the committee that the bill is designed to bring Alaska into compliance with the federal Real ID Act, signed into law by President George W. Bush on May 11, 2005. The provisions of the Act call for improved security for driver's licenses and personal identification cards and set uniform standards for state driver's licenses. SB 189 is necessary to enhance security due to increasing problems of identity theft and fraud. 8:37:04 AM SENATOR GRETCHEN GUESS asked Ms. Grundmann to explain the process for obtaining a new license. MS. GRUNDMAN deferred the question to Duane Bannock. Senator Gene Therriault joined the meeting. DUANE BANNOCK, Director, Division of Motor Vehicles (DMV), Department of Administration, reported the majority of people getting their license for the first time are young people who come in with their parents. The DMV verifies that the applicant has two pieces of identification and after the test is passed they are issued a license. To renew a license, the person fills out a form and submits to a vision check before being issued a renewal. For a new resident to obtain an Alaska license they must surrender their out-of-state driver's license, take a written test and pay a fee. MR. BANNOCK said under SB 189 the DMV would have to change their process slightly. The DMV would be required to verify that the applicant is a citizen of the United States or is a person who presents valid documentary evidence of legal status. To renew a license that has not expired, the DMV would presume that the person has not been disqualified from obtaining a license and it would be renewed. To exchange an out-of-state license the DMV would treat the person the same as if they were licensing for the first time and the person would have to have their identification validated. SENATOR GUESS asked Mr. Bannock whether a birth certificate and social security card would remain the preferable items of identification. MR. BANNOCK said the DMV accepts two documents from the regulated list of twenty-two acceptable documents. 8:42:19 AM CHAIR SEEKINS asked whether the DMV records documented verification of a person's citizenship. MR. BANNOCK said yes. The computer stores the place and date of birth of every applicant. CHAIR SEEKINS asked for clarification if there was a notation in the computer of whether valid documentation was previously presented to the DMV. MR. BANNOCK indicated that there was not. CHAIR SEEKINS said he is on a border-crossing committee that is looking at requiring people to have a passport when crossing the border between Canada and the United States. They are looking at using driver's licenses that are citizenship-validated. MR. BANNOCK said it is notated on the application whether or not the person is a US citizen. CHAIR SEEKINS asked whether there was a notation of a presentation of valid documentation of citizenship. MR. BANNOCK said he felt confident that the DMV issues licenses only to those persons of United States citizenship or those who are in the US legally. CHAIR SEEKINS said he would like the federal requirements of the Real ID Act to dovetail with the border-crossing committee's pursuit of a solution to proper identification at border crossings between the US and Canada. MR. BANNOCK said that it would comply at some point. SENATOR HUGGINS asked whether the Real ID Act changes the relationship between other states. MR. BANNOCK said yes in that the DMV can no longer exchange out- of-state-licenses without additional scrutiny and proof of identification. SENATOR HUGGINS asked whether other states were having trouble coming into compliance with the Real ID Act. MR. BANNOCK commented that it is much easier for Alaska to come into federal compliance because of prior regulations and digital licensing. SENATOR HUGGINS asked Mr. Bannock to advise the committee on the procedure to obtain an identification card. MR. BANNOCK said the rules for establishing identity for an ID card is the same as for a driver's license. The only difference is the driving test associated with the latter. 8:49:02 AM SENATOR HOLLIS FRENCH asked how much of SB 189 was written by the United States Congress. MR. BANNOCK said Section 1 takes existing regulation and puts it into statute. Subsection (i) changes the expiration date of the license of ID card for a person who has a limited stay in America. SENATOR FRENCH asked him to speak about Section 2. MR. BANNOCK responded paragraph 8(a) and (b) are new and they deal with the presumption that anyone walking into a DMV with a license that is not expired already meets the requirements. SENATOR FRENCH asked Mr. Bannock whether Congress mandated the language in the bill. MR. BANNOCK said no. The DMV worked closely with Senator Huggins' office to developed the language. 8:52:58 AM SENATOR FRENCH referenced page 3, lines 16 and 31 and asked for an explanation of the matricula consular card. MR. BANNOCK replied that it is a widely accepted identification card, particularly in the Southwestern United States. It is issued by the Mexican government and is an unsecured piece of identification. CHAIR SEEKINS recognized there were no further questions or amendments and asked for the will of the committee. 8:54:45 AM SENATOR GENE THERRIAULT moved to report CSSB 189(STA) from committee with attached fiscal notes and individual recommendations. Hearing no objection, the motion carried. 8:55:24 AM at ease 8:56:45 AM CHAIR SEEKINS informed the committee of the agenda for the following day. There being no further business to come before the committee, Chair Seekins adjourned the meeting at 8:57:26 AM.