Legislature(2005 - 2006)BUTROVICH 205

03/21/2006 08:30 AM JUDICIARY


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08:34:14 AM Start
08:34:14 AM SB189
08:57:26 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 318 LIMITATION ON EMINENT DOMAIN TELECONFERENCED
Scheduled But Not Heard
+ SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. TELECONFERENCED
Moved CSSB 189(STA) Out of Committee
                    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.                                                                            

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