Legislature(1999 - 2000)
04/15/2000 09:20 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 311
"An Act eliminating a requirement that a social
security number be provided by an applicant for a
hunting or sport fishing license or tag."
REPRESENTATIVE JOHN COGHILL, SPONSOR testified in support o
HB 311. The legislation would repeal the requirement to
provide a social security number on hunting or sport fishing
licenses or tags. He observed that there is a larger issue
regarding the use of social security numbers for
identification. He observed that federal law requires the
use of social security numbers for a number of documents
including recreational licenses. He suggested that the use
of social security numbers on hunting or sport fishing
licenses or tags is less secure than on other records such
as marriage licenses. The federal code does not specifically
identify that licenses being addressed.
Representative Coghill referred to a memorandum by Terry
Lauterbach dated March 23, 1999. Ms. Lauterbach concluded
that the legislation could jeopardize federal funds for
child enforcement. He noted that other states have
challenged the federal requirement without consequences. He
observed that "recreational license " is not defined in
federal code. He suggested that the federal requirement
could be challenged on the basis of security. Recreational
licenses are sold in a number of businesses in the state of
Alaska. He observed that the effective date would be January
1, 2001. He maintained that it would be easier to obtain
social security numbers from hunting and fishing licenses
than from a marriage or driver's license.
Co-Chair Therriault observed that cases of stolen identity
have occurred through the use of social security numbers. It
can be difficult and expensive to straighten out cases of
stolen identity.
Representative J. Davies observed that social security
numbers were added on hunting and fishing licenses when
state welfare reform legislation was updated to comply with
federal code. He expressed concern that overturning the
federal requirement would create difficulty.
Co-Chair Therriault observed that the original legislation,
which was passed, to come into compliance had a sunset date.
(TAPE CHANGE, HFC 00 - 121, SIDE 2)
Co-Chair Therriault noted that states that have not included
hunting and fishing licenses did not lose funds.
Representative Coghill spoke in support of the legislation.
He noted that the whole issue has to be revisited in the
next year under the current statute. He maintained that a
challenge to the federal requirement is worthy and
necessary.
Vice Chair Bunde stated that he knows someone who had his or
her identity stolen through his or her social security
number. He observed that the person's credit was negatively
impacted for five years. While he acknowledged the problem
he expressed concern that the legislation is "like plugging
a hole in a dike." He suggested that it is easy to obtain
social security numbers in a variety a ways. He stated that
he would support the proposal if it wouldn't result in the
loss of federal funds. He added that social security numbers
on hunting and fishing licenses has assisted child support
enforcement.
Representative Austerman observed that there is a bigger
long-term issue. He referred to the memorandum by Ms.
Lauterbach and noted that funds could be affected.
Representative Coghill acknowledged that the legislation
would not resolve the greater problem [of identity theft]
but emphasized that the dialog needs to be started. He
maintained that the challenge is worthy and pointed out that
there is a security issue.
Representative Coghill maintained that the legislation would
be a vote of confidence in the people of Alaska. He stressed
that the federal government would assume that the state of
Alaska is willing to incorporate the information without a
challenge.
Representative Phillips questioned the impact to the state.
She observed that the Department of Fish and Game would have
costs associated with changing forms. She stressed that
there is no way to assure safety in this day and age of
technology.
Representative Coghill observed that the effective date was
chosen to allow the department to print forms for the
following year without additional cost.
In response to a question by Representative Austerman,
Representative Coghill pointed out that inclusion of the
social security number is mandatory.
Representative J. Davies acknowledged that identity theft is
a problem, but did not think the legislation was the way to
solve the problem. He observed that there are businesses
that will research a person's social security number and
other financial information for $35 dollars. He expressed
concern that TANF and other federal funds could be lost. He
observed that other states have begun challenges and
recommended that the state of Alaska wait to see where the
challenges go or at least get an opinion from the Attorney
General.
DENNY KAY WEATHERS, ANCHORAGE testified via teleconference
in support of the legislation. She observed that her son
lost a piece of identification that was found and used to
run up phone charges. She does not have a social security
number and is not employed. She pointed out that a social
security number is only required for employment by the
federal government, however the state of Alaska requires
social security numbers (SSN) for hunting and fishing
licenses. She stressed that non-residents are not required
to have a social security number. She provided members with
CRS Report for Congress, November 21, 1991, The Social
Security Number: Chronology of Federal Developments
Affecting Its Use (copy on file). She reviewed the report.
The federal Tax Reform Act of 1976 authorizes states to use
Social security numbers in administration of any tax,
general public assistance, driver's license or motor vehicle
registration law and to require individuals affected by such
laws to furnish their SSNs to the states. In addition,
states are permitted to use Social security numbers for
requests for information from any agency operating pursuant
to the Aid to Families with Dependent Children program and
the Child Support and Establishment of Paternity program.
The Commercial Motor Vehicle Safety Act of 1986 gave the
secretary of Transportation authority to require that states
to include a SSN on commercial vehicle licenses.
Ms. Weathers stressed that SSN information was intended to
be confidential. She observed that SSNs are required for
commercial fishing permits. Fishing tenders come from all
over. Commercial fishermen are required to give their SSN
and name to fish tenders.
Ms. Weathers continued support for a challenge to the
federal requirement to include social security numbers. She
observed that other states are challenging the federal
mandate for inclusion of Social security numbers. She
observed that there are challenges in the states of Idaho,
New Mexico, Michigan, Montana and North Carolina. She added
that some individuals do not give their Social security
numbers on religious basis. She concluded that section 3 of
the Statehood Act states that anything repugnant to the
United States Constitution or the principals of the
Declaration of Independence would be unlawful. She concluded
that allowing the federal government to legislate for the
state is against these principals. She maintained that there
are no federal laws requiring social security numbers, only
federal mandates.
Ms. Weathers quoted Article I, Section 2 state of Alaska
Constitution: "All political power is inherent in the
people. All government originates with the people, is
founded upon their will only, and is instituted solely for
the good of the people as a whole." She urged the
legislature to uphold the people's right to not have a
social security number.
LARRY PERSILY, DEPUTY COMMISSIONER, DEPARTMENT OF REVENUE
testified in opposition to HB 311. He observed that the
Child Support Enforcement Division statutes sunset in the
next year. He stressed that there is legislation in Congress
to overturn requirements for SSN on hunting and fishing and
recreational licenses. He suggested that a resolution could
be passed requesting Congress to overturn the requirement.
He acknowledged that there are some individual states
fighting the requirement. Indications are that the federal
government will penalize states that do not enforce federal
requirements and that they will loss their federal funds for
child support and TANF. He pointed out that there were
options to avoid vendors from seeing SSNs. Applicants can go
to a Fish and Game office or apply by mail. If someone does
not have a SSN they can fill out an affidavit and attach it
to their application. He observed that the Child Support
Enforcement Division cannot suspend a recreational license.
Only those convicted of criminal non-support or contempt can
loose their license. Personal uses and subsistence uses are
unaffected.
Co-Chair Therriault noted that the zero fiscal note shows
the potential loss of revenue.
Co-Chair Mulder MOVED to report CSHB (JUD) out of Committee
with the accompanying fiscal note. There being NO OBJECTION,
it was so ordered.
CSHB 311 (JUD) was REPORTED out of Committee with "no
recommendation" and a fiscal impact note by the Department
of Revenue, published 4/10/00.
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