03/19/2008 01:30 PM Senate JUDICIARY

         SB 202-PROHIBIT STATE SPENDING FOR REAL ID ACT                                                                     
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 202.                                                                             
                                                                                                                                
1:34:43 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  the previous  hearings, and  said an                                                               
issue that's come  up is whether or not the  bill will impact the                                                               
Division of Motor Vehicle's (DMV)  ability to continue to do best                                                               
practices. He suggested  that his staff member  explain how other                                                               
states with similar provisions have confronted the issue.                                                                       
                                                                                                                                
CHAIR  FRENCH  remarked  that  this goes  to  his  concern  about                                                               
whether the  bill gives clear  direction to the court  and others                                                               
should a  suit result due to  the implementation of the  law. The                                                               
question is  whether DMV will know  what it can and  cannot spend                                                               
money on,  and whether a  judge looking  at a suit  brought under                                                               
this statute will know what money can and cannot be spent on.                                                                   
                                                                                                                                
GEORGE  ASCOTT,  staff  to Senator  Wielechowski  explained  that                                                               
Montana, Washington,  and Maine all passed  legislation rejecting                                                               
Real ID. None  of those states indicated that  doing so prevented                                                               
them from  conducting best practices,  regardless of  whether the                                                               
practices coincidentally  complied with  some aspect of  Real ID.                                                               
Officials  from  each  state seemed  somewhat  surprised  at  the                                                               
suggestion that  this would be  an issue.  In fact, they  saw the                                                               
legislation as  reinforcing the state's  ability to make  its own                                                               
decisions.  Mr.  Luckhaupt,  the  drafter  of  this  legislation,                                                               
agrees  that  under  this legislation  the  administration  could                                                               
continue to  conduct and implement  best practices as long  as it                                                               
wasn't done specifically  to comply with Real ID.  Thus, he said,                                                               
there is no need to amend SB 202.                                                                                               
                                                                                                                                
CHAIR FRENCH summarized  that he spoke with three  states and the                                                               
legislative drafter  all of whom  said that this  legislation has                                                               
not  and would  not prevent  continued efforts  to make  driver's                                                               
licenses secure.                                                                                                                
                                                                                                                                
1:38:52 PM                                                                                                                    
SENATOR WIELECHOWSKI  added that  some of  those states  have the                                                               
most secure driver's  licenses in the country.  Those states were                                                               
aiming  to prevent  the  sharing of  their  databases with  other                                                               
states,  which  is what  this  bill  does. That  sharing  exposes                                                               
citizens to substantial security risk, he said.                                                                                 
                                                                                                                                
CHAIR FRENCH said his concerns are satisfied.                                                                                   
                                                                                                                                
SENATOR HUGGINS  referred to an  issue that came up  in Fairbanks                                                               
and  Anchorage  with  respect  to   not  using  state  money  for                                                               
enforcing  federal immigration  provisions,  and  asked if  there                                                               
might be similar unintended consequences with this bill.                                                                        
                                                                                                                                
1:40:43 PM                                                                                                                    
MR. ASCOTT relayed that, based  on the recommendations of the 911                                                               
Commission,  Maine   is  considering  implementing   a  residency                                                               
requirement to obtain a driver's license  or an ID card. It's one                                                               
of the few states that  doesn't already have that requirement and                                                               
although  it would  comply with  Real ID,  state officials  don't                                                               
foresee any problem.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI added that it's  already against the law for                                                               
illegal immigrants  to get  an Alaska  driver's license.  "In our                                                               
opinion, this  will not impede  the state's ability to  deal with                                                               
illegal immigrants in any way," he said.                                                                                        
                                                                                                                                
CHAIR   FRENCH  found   no   further   questions,  comments,   or                                                               
observations and asked for a motion.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI motioned  to report  SB 202  from committee                                                               
with individual recommendations and attached zero fiscal note.                                                                  
                                                                                                                                
CHAIR FRENCH  announced that without  objection, SB 202  is moved                                                               
from Senate Judiciary Standing Committee.                                                                                       
                                                                                                                                
At ease from 1:42:19 PM to1:43:03 PM