Legislature(2017 - 2018)BUTROVICH 205

03/21/2017 03:30 PM STATE AFFAIRS

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03:31:12 PM Start
03:31:49 PM SB34
05:15:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 34 DRIVER'S LICENSE & ID CARDS & REAL ID ACT TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 16 DRIV. LICENSE REQ;DISABILITY:ID &TRAINING TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 34-DRIVER'S LICENSE & ID CARDS & REAL ID ACT                                                                     
                                                                                                                                
3:31:49 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of Senate Bill 34,                                                                   
(SB 34).                                                                                                                        
                                                                                                                                
3:32:06 PM                                                                                                                    
SENATOR GIESSEL moved to adopt the committee substitute (CS) for                                                                
SB 34, version 30-GS1781\O, as the working document.                                                                            
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
3:32:31 PM                                                                                                                    
CHRISTA MCDONALD, Staff, Senator Mike Dunleavy, Alaska State                                                                    
Legislature, Juneau, Alaska, provided an overview of the CS for                                                                 
SB 34.                                                                                                                          
                                                                                                                                
She referenced a document entitled, "Explanation of Changes" for                                                                
Senate CS for SB 24(STA), version: 30-GS1781\O, with commentary                                                                 
as follows:                                                                                                                     
                                                                                                                                
        · Technical    changes    throughout    the    bill:                                                                    
          Legislative  Legal  has  brought the  language  of                                                                    
          this legislation  in line  with the  standards set                                                                    
          forth in the legislative drafting manual.                                                                             
                                                                                                                                
        · Page 1, lines 9-11: AS 18.65.310(a) added a $5                                                                        
          fee  to the  production of  a federally  compliant                                                                    
          identification card.                                                                                                  
                                                                                                                                
          The  thought behind  this was  Commissioner Fisher                                                                    
          said by  adding a  $5 fee to  identification cards                                                                    
          and  a $10  fee to  the compliant  IDs, this  give                                                                    
          them an  opportunity to pay back  the general fund                                                                    
          in receipts over the next 5 years.                                                                                    
                                                                                                                                
        · Page 2, lines 12-13: AS 18.65.310(p) requires                                                                         
          noncompliant identification  cards to  be produced                                                                    
          within the state.                                                                                                     
                                                                                                                                
          Right now, all of  our driver's licenses are being                                                                    
          produced outside  of the state. So,  if you select                                                                    
          a federally  compliant license  it still  would be                                                                    
          processed outside  the state in that  database. If                                                                    
          you  selected  a  noncompliant  license  it  would                                                                    
          probably  be processed  in Anchorage  or somewhere                                                                    
          central within the state.                                                                                             
                                                                                                                                
        · Page 2, lines 19-24: AS 28.05.068 adds a new                                                                          
          section  that the  department  may  not convey  or                                                                    
          distribute information to  an entity or individual                                                                    
          that  is  not  a   state  agency  beyond  what  is                                                                    
          necessary to  administer driver's  licensing under                                                                    
          AS  28.15   or  the   data  authorized   under  AS                                                                    
          28.10.505                                                                                                             
                                                                                                                                
          AS 28.15, this is  our guidelines for our driver's                                                                    
          license, that you can't have  a license in another                                                                    
          state or  a revoked license in  another state. So,                                                                    
          they  will  still be  able  to  look at  that  and                                                                    
          analyze if you are eligible.                                                                                          
                                                                                                                                
          AS 28.10.505,  this is the  statute that  says law                                                                    
          enforcement can  go and  get information  from the                                                                    
          DMV, as well as courts and child support as well.                                                                     
                                                                                                                                
        · Page 3, lines 17-20: AS 28.15.061(b)(6) adds                                                                          
          language that  requires the department  to provide                                                                    
          the applicant  with information regarding  how the                                                                    
          information  will be  stored, inform  them of  the                                                                    
          printing location and  other pertinent information                                                                    
          regarding their application.                                                                                          
                                                                                                                                
          We  are  envisioning that  they  have  all of  the                                                                    
          information  before   them  when  they   select  a                                                                    
          compliant  license or  a noncompliant  license, so                                                                    
          they know exactly what they are signing up for.                                                                       
                                                                                                                                
        · Page 4, lines 29 - 31 to Page 5, lines 1 - 7: AS                                                                      
          28.15.111 adds  a new subsection  for noncompliant                                                                    
          licenses that  requires an  applicant's permission                                                                    
          before copying or  retaining identity verification                                                                    
          documents,  using facial  recognition  as part  of                                                                    
          the  application  process,   or  before  retaining                                                                    
          images  or  the  applicants  face.  Also  requires                                                                    
          printing of  noncompliant driver's licenses  to be                                                                    
          done within the state.                                                                                                
                                                                                                                                
        · Page 5, lines 30 - 31: AS 28.15.271(b)(4) added a                                                                     
          $10  fee   to  the   production  of   a  federally                                                                    
          compliant driver's license.                                                                                           
                                                                                                                                
          Under the  previous version of the  bill, this was                                                                    
          a $5 fee; so, this  is again trying to recoup some                                                                    
          of those costs in the future years.                                                                                   
                                                                                                                                
        · Page 6, lines 16 - 19: AS 28.99.040(a)(2)                                                                             
          establishes that  a state or municipal  agency may                                                                    
          only  authorize the  minimum  assets necessary  to                                                                    
          satisfy the  specific requirements of the  REAL ID                                                                    
          Act of 2005  that provide for the  agency to issue                                                                    
          a   driver's   license  or   identification   card                                                                    
          acceptable  to   federal  agencies   for  official                                                                    
          purposes.                                                                                                             
                                                                                                                                
          The  previous version  of  the  bill repealed  the                                                                    
          entire law, that  was I believe in  2008 we passed                                                                    
          the law  saying we wouldn't expend  funds, so this                                                                    
          is saying  you can expend  funds, but only  so far                                                                    
          as to deliver these IDs.                                                                                              
                                                                                                                                
3:34:01 PM                                                                                                                    
SENATOR  WILSON asked  if noncompliant  identification cards  are                                                               
produced outside  of Alaska  and the  legislation seeks  to bring                                                               
the production process back to the state.                                                                                       
                                                                                                                                
MS. MCDONALD answered correct. She  specified that the bill would                                                               
mandate  that   all  noncompliant  ID   cards  as  well   as  the                                                               
noncompliant driver's  licenses are  brought back  for production                                                               
in Alaska.                                                                                                                      
                                                                                                                                
3:37:13 PM                                                                                                                    
CHAIR DUNLEAVY remarked that there is  a lot of concern about the                                                               
federal identification. He detailed that  the intent of the CS is                                                               
to capture some of the concerns  by dividing out a state driver's                                                               
license and  a federally-tracked license. He  reiterated that the                                                               
state  driver's license  will keep  data in  the state,  does not                                                               
require  facial recognition,  and allows  an individual  to drive                                                               
their vehicle.  He said the Real  ID has a different  track where                                                               
the individual  signs up  knowing their data  may be  shared with                                                               
other agencies and having to pay  out of their pocket to help pay                                                               
for the  process. He  summarized that  rather than  combining the                                                               
two, the state  and Real ID are separated so  Alaskans can make a                                                               
choice.                                                                                                                         
                                                                                                                                
SENATOR EGAN asked  if one of the licenses cannot  be used to get                                                               
on Joint Base Elmendorf-Richardson (JBER).                                                                                      
                                                                                                                                
CHAIR DUNLEAVY confirmed  that the Alaska license  will not allow                                                               
a person to get on JBER.                                                                                                        
                                                                                                                                
3:39:29 PM                                                                                                                    
SENATOR  GIESSEL  remarked  that   she  appreciated  the  prudent                                                               
changes  that  Chair  Dunleavy   made.  She  specified  that  she                                                               
appreciated the fees that will  help remunerate the Department of                                                               
Administration and noted her appreciation  for providing a simple                                                               
driver's license that will be produced in-state again.                                                                          
                                                                                                                                
SENATOR  COGHILL  pointed  out   that  the  legislation  mandates                                                               
through the department and suggested  that the committee hear the                                                               
Department of Administration's perspective.                                                                                     
                                                                                                                                
SENATOR WILSON asked  if there will be an  additional fiscal note                                                               
for  producing driver's  licenses  in-state. He  agreed that  the                                                               
amended  bill is  a  simpler process  that  addresses issues  his                                                               
constituents  have expressed  to him  regarding data  collection,                                                               
but the  bill also allows individuals  to go through the  Real ID                                                               
process as well.                                                                                                                
                                                                                                                                
CHAIR  DUNLEAVY commended  the Department  of Administration  and                                                               
Commissioner Fisher for understanding  the concerns that Alaskans                                                               
have over their data as well  as giving people a choice. He noted                                                               
that if the  bill moves out of committee, the  bill will not have                                                               
a fiscal  note. He  summarized that  himself and  others struggle                                                               
with the idea  that the state must do something  that the federal                                                               
government  mandates;  for  example,  threatening  not  to  allow                                                               
people on  military bases without  a Real  ID. He set  forth that                                                               
the amended bill was a compromise that may work for Alaskans.                                                                   
                                                                                                                                
3:42:10 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:42:49 PM                                                                                                                    
CHAIR DUNLEAVY called the committee back to order.                                                                              
                                                                                                                                
3:43:00 PM                                                                                                                    
LESLIE   RIDLE,  Deputy   Commissioner,   Alaska  Department   of                                                               
Administration,  Juneau,   Alaska,  noted  that   the  department                                                               
concurred with Chair Dunleavy that  Alaskans are offered a choice                                                               
between a REAL  ID compliant or a REAL ID  that is not compliant.                                                               
She pointed  out that the department  did not have a  fiscal note                                                               
for equipment  that would have to  be purchased for the  state to                                                               
produce IDs that are not REAL ID compliant.                                                                                     
                                                                                                                                
SENATOR  GIESSEL  noted that  the  state  used  to make  its  own                                                               
driver's licenses and  inquired if the department got  rid of the                                                               
equipment used to make the licenses.                                                                                            
                                                                                                                                
MS. RIDLE answered yes. She noted  that the equipment was hard to                                                               
maintain. She  added that the  department does not know  where to                                                               
get the  equipment because a lot  of states have gone  to REAL ID                                                               
and  are not  producing  their  own IDs  as  well.  She said  the                                                               
department will have  to do some research to figure  out where to                                                               
get the equipment.                                                                                                              
                                                                                                                                
SENATOR COGHILL  asked if the  bill will narrow  the department's                                                               
current data sharing  to a level that separates  data between the                                                               
REAL ID and in-state driver's licenses.                                                                                         
                                                                                                                                
MS. RIDLE answered  that under the CS,  an individual's documents                                                               
would  not  be  checked  against   passport  or  Social  Security                                                               
databases and the documents would be taken at face value.                                                                       
                                                                                                                                
She  addressed the  bill's "immediate"  effective date  and noted                                                               
that  the department  would  have trouble  complying  due to  the                                                               
equipment required for in-state driver's licenses.                                                                              
                                                                                                                                
3:46:43 PM                                                                                                                    
CHAIR DUNLEAVY replied  that the committee will make  note of the                                                               
effective  date and  will work  with the  department if  the bill                                                               
moves out of committee.                                                                                                         
                                                                                                                                
SENATOR WILSON asked if the state  would have to pay for template                                                               
changes when printing licenses.                                                                                                 
                                                                                                                                
MS.  RIDLE answered  that  she  did not  know.  She assumed  that                                                               
changes would require an additional charge.                                                                                     
                                                                                                                                
3:47:52 PM                                                                                                                    
MARLA  THOMPSON, Director,  Division  of  Motor Vehicles,  Alaska                                                               
Department  of Administration,  Anchorage, Alaska,  asked Senator                                                               
Dunleavy to confirm  that the division would not be  able to keep                                                               
a  photo on  a  noncompliant  license. She  pointed  out that  an                                                               
individual  would not  be able  to obtain  a duplicate  ID online                                                               
without a photo on file.                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY replied yes. He  pointed out that there are people                                                               
that  want to  give  a  minimum amount  of  data  for a  driver's                                                               
license in Alaska so that sharing personal data is not easy.                                                                    
                                                                                                                                
MS. MCDONALD  specified that in the  CS: section 9, page  4, line                                                               
30, states  that, "The  department may  not unless  authorized by                                                               
the person." She detailed as follows:                                                                                           
                                                                                                                                
     If  the department  wanted to  inform  folks that  they                                                                    
     couldn't receive  a duplicate license unless  they have                                                                    
     these items on  hand and then someone  selects to leave                                                                    
     these  documents with  the  department,  they would  be                                                                    
     able to do that under  this bill, the department has to                                                                    
     get the authorization of the person beforehand.                                                                            
                                                                                                                                
CHAIR DUNLEAVY explained that the  intent is to be as transparent                                                               
as possible  with the people of  Alaska that they know  what they                                                               
are  willingly signing  up  for without  coercion  and that  they                                                               
understand that certain data will  be shared in a certain manner.                                                               
He opined that  the bill addresses what the people  of Alaska are                                                               
asking for.  He admitted that the  bill does place the  burden on                                                               
the  government. He  asserted that  data sharing  is a  sensitive                                                               
issue for many people.                                                                                                          
                                                                                                                                
3:50:36 PM                                                                                                                    
MS.  THOMPSON addressed  identification processes  that would  be                                                               
affected by the bill:                                                                                                           
                                                                                                                                
        · The division  relies on  a photo  to issue  a duplicate                                                               
          license. A fire in Anchorage recently destroyed                                                                       
          documents where not having a photo ID would be a                                                                      
          concern.                                                                                                              
        · Not having documents  or old photos to  produce IDs for                                                               
          inmates being released from prisons.                                                                                  
        · Providing out-of-state renewals  for military personnel                                                               
          with no photo on file because most renewals are done                                                                  
          by mail and other processes.                                                                                          
        · Students who are  in school that lose  their license or                                                               
          turn 21 and need a new license.                                                                                       
        · Providing an ID  without a photo would  not be possible                                                               
          for someone losing their ID while traveling.                                                                          
        · Processing  online transactions  would not  be possible                                                               
          without a photo on file.                                                                                              
        · The Department of  Public Safety uses photos  on file a                                                               
          lot, especially when pulling someone over to verify a                                                                 
          driver's license.                                                                                                     
                                                                                                                                
3:52:37 PM                                                                                                                    
CHAIR DUNLEAVY  replied that he would  address the identification                                                               
issue with prisoners  and the use of photos by  the Department of                                                               
Public Safety.  He reiterated that  people that checkoff  the box                                                               
for not  wanting duplicate  information being  kept are  making a                                                               
conscious decision  and understand  that they  will have  to jump                                                               
through several  more hoops when  obtaining a  duplicate license.                                                               
He  repeated   that  folks  are  concerned   about  their  rights                                                               
regarding data.                                                                                                                 
                                                                                                                                
MS. THOMPSON added that she was  also concerned about the risk of                                                               
fraud  due  to  the  no-photo  policy  when  someone  requests  a                                                               
renewal.                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY   remarked  that  Ms.  Thompson   presented  good                                                               
questions, but noted that most  of her concerns have been thought                                                               
through. He  remarked that there will  always be a risk  of fraud                                                               
no matter  what type  of identification  a person  gets, probably                                                               
including the REAL ID, over time.                                                                                               
                                                                                                                                
3:55:11 PM                                                                                                                    
SENATOR WILSON asked  if she knew the rate of  how many folks who                                                               
were caught for fraud when trying to get a fraudulent license.                                                                  
                                                                                                                                
MS. THOMPSON replied that the average is five per month.                                                                        
                                                                                                                                
SENATOR WILSON asked how many IDs are processed per month.                                                                      
                                                                                                                                
MS.  THOMPSON   estimated  that  approximately  19,000   IDs  are                                                               
processed per month.                                                                                                            
                                                                                                                                
SENATOR WILSON noted that the  percentage is 5 fraudulent IDs per                                                               
month out of 19,000 IDs processed per month.                                                                                    
                                                                                                                                
SENATOR GIESSEL  commented that she  had her identity  stolen and                                                               
the  experience  was not  pleasant.  She  pointed out  that  five                                                               
people  per  month  were   potentially  stealing  someone  else's                                                               
identity.                                                                                                                       
                                                                                                                                
3:57:21 PM                                                                                                                    
CHAIR DUNLEAVY opened public testimony on SB 34.                                                                                
                                                                                                                                
3:57:29 PM                                                                                                                    
RALPH   DALE  ROGERS,   representing  self,   Ketchikan,  Alaska,                                                               
explained that he owns a hostel  and his address is often used by                                                               
guests who  apply for a  state identification. He  disclosed that                                                               
he has  been unable  to remove  his address  that others  use for                                                               
state identification. He revealed  that he has continuously dealt                                                               
with law  enforcement due to the  use of his hostel's  address in                                                               
identification records. He  asked why the state  does not require                                                               
proof  of   address  by  showing   a  mortgage   payment,  rental                                                               
agreement, or anything  else that shows an  individual resides in                                                               
the state.                                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY asked Ms. Thompson  to address Mr. Rogers' problem                                                               
regarding address verification for identification.                                                                              
                                                                                                                                
MS. THOMPSON replied that she will  do some research and get back                                                               
to Mr. Rogers. She explained  that the Division of Motor Vehicles                                                               
has  requirements that  individuals  show some  type  of mail  or                                                               
letter. She  set forth that the  division may look at  making the                                                               
identification process tighter.                                                                                                 
                                                                                                                                
4:01:01 PM                                                                                                                    
CHAIR  DUNLEAVY suggested  that Mr.  Rogers contact  Ms. Thompson                                                               
with his  concern so that the  division can get into  details and                                                               
provide  him  with a  response.  He  added  that he  expects  the                                                               
division will  get back to  the committee with information  as to                                                               
how they would deal with Mr. Rogers' issue.                                                                                     
                                                                                                                                
MR. ROGERS  noted that he has  been dealing with his  problem for                                                               
several years and  has talked to the division  multiple times. He                                                               
said he  has been disappointed  in the  way his problem  has been                                                               
handled. He  said no  one seems  to care.  He emphasized  that he                                                               
does not like  his address being used on anybody's  ID. He opined                                                               
that  his situation  could  be considered  theft  of identity  by                                                               
address.                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY asked  Mr. Rogers  to contact  his office  and he                                                               
would take his concerns to the  Division of Motor Vehicles to get                                                               
an answer.                                                                                                                      
                                                                                                                                
4:03:21 PM                                                                                                                    
ERIC  GLATT,  Staff  Attorney,  American  Civil  Liberties  Union                                                               
(ACLU) of Alaska,  Anchorage, Alaska, testified in  support of SB
34. He stated that the ACLU  of Alaska has expressed its concerns                                                               
in  previous  testimony  regarding privacy  implications  imposed                                                               
from REAL  ID on Alaskans. He  set forth that the  ACLU's primary                                                               
goals have  been to  make sure that  Alaskans have  their privacy                                                               
compromised  as little  as possible,  even those  that receive  a                                                               
REAL ID card. He said the second  goal is to make sure that there                                                               
is   a  meaningful   distinction   between   the  compliant   and                                                               
noncompliant   cards  so   that  the   promise  of   receiving  a                                                               
noncompliant  card  is  not  a  false  promise.  He  said  he  is                                                               
encouraged  by the  CS.  He noted  previous  ACLU testimony  that                                                               
addressed concerns prior to the CS.                                                                                             
                                                                                                                                
CHAIR  DUNLEAVY asked  that Mr.  Glatt review  the bill's  CS and                                                               
respond to his office with his comments and concerns.                                                                           
                                                                                                                                
4:09:57 PM                                                                                                                    
DON   ETHERIDGE,  Lobbyist,   Alaska  AFL-CIO,   Juneau,  Alaska,                                                               
testified in support of SB 34.  He set forth that the legislation                                                               
makes it easier  for AFL-CIO membership to get  on military bases                                                               
to do their work  as well as to get on  airplanes. He opined that                                                               
the risk associated with REAL ID is very minimal.                                                                               
                                                                                                                                
4:11:38 PM                                                                                                                    
BRYAN   IMUS,  Representative/President,   Laborers  Local   942,                                                               
Laborers  International   Union  of  North   America,  Fairbanks,                                                               
Alaska,  testified in  support of  SB 34.  He said  the union  is                                                               
supportive  because  REAL  ID  is   optional,  easier,  and  less                                                               
expensive  than a  passport card.  He pointed  out that  military                                                               
bases require  REAL ID  and air  travel will  require REAL  ID as                                                               
well.                                                                                                                           
                                                                                                                                
4:12:54 PM                                                                                                                    
TERESA   BRAND   SHARPE,    Manager,   Golden   Valley   Electric                                                               
Association, Fairbanks,  Alaska, testified  in support of  SB 34.                                                               
She  said  Golden  Valley  has  infrastructure  on  five-military                                                               
installations and its utility personnel  require access with REAL                                                               
ID.                                                                                                                             
                                                                                                                                
4:13:42 PM                                                                                                                    
KEVIN  POMEROY, Business  Manager, Laborers  Local 942,  Laborers                                                               
International   Union  of   North  America,   Fairbanks,  Alaska,                                                               
testified in  support of SB 34.  He said union members  need REAL                                                               
ID to access military installations as  well as using REAL ID for                                                               
air travel without  the need to also  provide identification with                                                               
a passport.                                                                                                                     
                                                                                                                                
4:15:24 PM                                                                                                                    
LAKE  WILLIAMS, District  Representative, International  Union of                                                               
Operating   Engineers  (IUOE)   Local  302,   Fairbanks,  Alaska,                                                               
testified  in support  of SB  34. He  added that  he is  also the                                                               
president  of  the  Fairbanks Building  and  Construction  Trades                                                               
Council.  He noted  that  the council  passed  a resolution  that                                                               
supports SB 34 as well. He  said the IUOE and the council believe                                                               
the legislation for  REAL ID is necessary for workers  to work on                                                               
the Slope, federal bases and rural work.                                                                                        
                                                                                                                                
He  remarked  that the  only  bright  spot  in Fairbanks  is  the                                                               
federal  work. He  noted that  the commanders  from the  military                                                               
bases cannot provide a straight  answer as to what identification                                                               
will be accepted. He disclosed  that union members have been told                                                               
members to get a passport. He  set forth that Alaskans deserve an                                                               
opportunity to  make a  choice for  themselves regarding  REAL ID                                                               
compliant identification.                                                                                                       
                                                                                                                                
4:17:07 PM                                                                                                                    
MARIE RENSEL, representing self,  Fairbanks, Alaska, testified in                                                               
opposition of SB 34. She  specified that she supports the unions'                                                               
desire to be  REAL ID compliant, but views the  legislation to be                                                               
both illegal and unlawful.                                                                                                      
                                                                                                                                
4:20:23 PM                                                                                                                    
SCOTT   EICKHOLT,  President,   Laborers   Local  942,   Laborers                                                               
International   Union  of   North  America,   Fairbanks,  Alaska,                                                               
testified  in support  of SB  34. He  asked that  the Legislature                                                               
allow the  REAL ID option  so that Alaskans  can get to  work and                                                               
earn money.                                                                                                                     
                                                                                                                                
4:21:21 PM                                                                                                                    
AVES THOMPSON,  Executive Director, Alaska  Trucking Association,                                                               
Anchorage, Alaska, testified in support of  SB 34. He said the CS                                                               
helps solve  the problem  of the option  by providing  people the                                                               
ability  to get  a compliant  REAL ID  license. He  revealed that                                                               
there  are  nearly  33,000   Alaskans  with  commercial  driver's                                                               
licenses  (CDL)  holders. He  noted  that  both CDL  and  non-CDL                                                               
drivers  have the  need to  enter  military installations  during                                                               
their daily deliveries.  He said drivers will need  to obtain the                                                               
federally recognized REAL ID compliant  form of identification to                                                               
gain access to the military installations.                                                                                      
                                                                                                                                
4:23:02 PM                                                                                                                    
MARK  LERNER, Founder,  Constitutional  Alliance, Mountain  View,                                                               
Arkansas, testified  in opposition  of SB 34.  He stated  that he                                                               
can  appreciate that  there  are  a lot  of  people  that are  in                                                               
support of  the legislation because  without a  compliant license                                                               
they would not  be able to go onto  military installations, enter                                                               
certain federal buildings, or be able  to fly. He opined that the                                                               
real issue is whether obtaining  REAL ID compliance is being done                                                               
because the federal government is  saying not obtaining compliant                                                               
identification that  an individual will  not be able  to exercise                                                               
their rights.                                                                                                                   
                                                                                                                                
4:26:49 PM                                                                                                                    
TOM  ROTH, Chief  Operating Officer,  Anchorage School  District,                                                               
Anchorage, Alaska,  testified in  support of  SB 34.  He provided                                                               
data on  the district's daily  educational commitment  with Joint                                                               
Base Elmendorf-Richardson  (JBER). He detailed that  the district                                                               
provides education  to approximately  1,600 students  in addition                                                               
to the  teachers and support  staff that are involved.  He stated                                                               
that the  district believes in acting  immediately regarding REAL                                                               
ID compliance  to allow sufficient processing  time for employees                                                               
to receive  a compliant identification before  the implementation                                                               
date on June 6.                                                                                                                 
                                                                                                                                
4:29:00 PM                                                                                                                    
RICHARD  SOBEL, Director,  The  Cyber  Privacy Project,  Chicago,                                                               
Illinois, testified  in opposition  of SB  34. He  addressed four                                                               
issues with REAL  ID that he perceives would be  violate the U.S.                                                               
Constitution as follows:                                                                                                        
                                                                                                                                
   1. REAL ID cannot be premised on congress's power to regulate                                                                
    interstate commerce, a violation of the 10th Amendment.                                                                     
   2. REAL ID can prevent people from boarding federally                                                                        
     regulated aircrafts, a violation of a citizen's right to                                                                   
     travel.                                                                                                                    
   3. REAL ID's digital photography violates free exercise of                                                                   
     religion.                                                                                                                  
   4. REAL ID violates the right to free assembly if a government                                                               
     building requires REAL ID for entry.                                                                                       
                                                                                                                                
4:33:13 PM                                                                                                                    
SARAH LEFEBVRE,  Committee Member,  Greater Fairbanks  Chamber of                                                               
Commerce, Fairbanks, Alaska,  testified in support of  SB 34. She                                                               
said the  chamber is  concerned about the  cost of  inaction. She                                                               
asserted that  Fairbanks and the  state would realize  an adverse                                                               
economic impact if  the legislation is not  passed. She disclosed                                                               
that the  military accounts for one  third of the economy  in the                                                               
Fairbanks  North   Star  Borough.  She  asserted   that  Alaska's                                                               
continued  noncompliance with  the  REAL ID  Act  would create  a                                                               
barrier to  Alaskan businesses that would  otherwise be involved.                                                               
She said ironically, the state's  efforts to encourage local-hire                                                               
would be  thwarted because out-of-state workers  from states with                                                               
REAL ID compliant identification would be hired.                                                                                
                                                                                                                                
4:35:25 PM                                                                                                                    
MATT  FLANDERS,  Legislative  Specialist, Citizens'  Council  for                                                               
Health Freedom,  St. Paul, Minnesota, testified  in opposition of                                                               
SB 34. He said not voting  for SB 34 would protect Alaska's state                                                               
rights, data privacy, and the right to travel.                                                                                  
                                                                                                                                
4:38:30 PM                                                                                                                    
SHARICE  WALKER,   Director,  Community  and   Public  Relations,                                                               
Fairbanks North Star Borough  School District, Fairbanks, Alaska,                                                               
testified  in support  of SB  34. She  disclosed that  the school                                                               
district includes  three schools  on Eielson  Air Force  Base and                                                               
one  school on  Fort  Wainwright that  serve approximately  1,400                                                               
students  and  accounts  for  approximately  10  percent  of  the                                                               
district's student  population. She added that  162-regular staff                                                               
in  addition  to  district-wide   employees  visit  the  military                                                               
installations'  schools.  She  stated  that  without  a  REAL  ID                                                               
option, hundreds  of the  district's staff  members will  have to                                                               
get a passport just to continue doing their jobs.                                                                               
                                                                                                                                
4:40:46 PM                                                                                                                    
JULIE  DUQUETTE, employee,  Slayden Plumbing  and Heating,  Inc.,                                                               
North Pole, Alaska, testified in support  of SB 34. She said REAL                                                               
ID  is important  to  Slayden Plumbing  and  Heating because  the                                                               
company has  several contracts  in 2017 as  well as  high profile                                                               
projects at  Eielson Air Force  Base, Fort Wainwright,  and Clear                                                               
Air Force Station Base.                                                                                                         
                                                                                                                                
4:42:34 PM                                                                                                                    
EDWARD   HASBROUCK,  Consultant,   The   Identity  Project,   San                                                               
Francisco,  California,  testified in  opposition  of  SB 34.  He                                                               
pointed out  that the  REAL ID Act  requires compliant  states to                                                               
make their license and ID  database available to any other state.                                                               
He added  that passport cards can  be used on military  bases and                                                               
are  easier  to obtain.  He  asked  that the  Legislature  defend                                                               
Alaskans' freedom of travel.                                                                                                    
                                                                                                                                
4:46:58 PM                                                                                                                    
PATRICIA ANDERSON, Co-Director, Alaskans'  Freedom to Travel USA,                                                               
Anchorage,  Alaska, testified  in opposition  of SB  34. She  set                                                               
forth  that there  is  no reason  to  have to  give  up any  more                                                               
information  to   the  federal  government.  She   believes  that                                                               
Alaska's constitution guarantees an individual's privacy.                                                                       
                                                                                                                                
4:47:10 PM                                                                                                                    
DIANE  SHANKER, Co-Director,  Alaskans'  Freedom  to Travel  USA,                                                               
Anchorage,  Alaska,  testified  in   opposition  of  SB  34.  She                                                               
conceded that  people would  be "convenienced"  by the  bill, but                                                               
emphasized that making it easier to  give up one's right is not a                                                               
good idea. She set forth  that federal anti-terrorism initiatives                                                               
end up compromising  privacy and personal data. She  asked if the                                                               
REAL ID fees  will offset the legislation's $1.5  million cost to                                                               
the Division of Motor Vehicles.                                                                                                 
                                                                                                                                
CHAIR DUNLEAVY  replied that REAL  ID fees will offset  the cost,                                                               
but noted that the issue is still being worked out.                                                                             
                                                                                                                                
4:50:34 PM                                                                                                                    
RYAN TIPTON,  representing self, Fairbanks, Alaska,  testified in                                                               
support of SB  34. He said the legislation will  help Alaskans in                                                               
travel   and    provide   working   opportunities    at   federal                                                               
installations.                                                                                                                  
                                                                                                                                
4:52:04 PM                                                                                                                    
JACE  DIGEL,   Business  Representative,  Teamsters   Local  959,                                                               
Anchorage, Alaska, testified  in support of SB 34.  He noted that                                                               
Teamsters' union workers provide  services on the military bases.                                                               
He set forth  that the meaningful things  to do is pass  SB 34 to                                                               
offer  all  Alaskans a  REAL  ID  compliant driver's  license  or                                                               
identification.                                                                                                                 
                                                                                                                                
4:54:28 PM                                                                                                                    
PAM  GOODE,  representing  self, Deltana,  Alaska,  testified  in                                                               
opposition of SB 34. She set  forth that the purpose of governing                                                               
is  to protect  people's  rights,  not to  give  a  choice as  to                                                               
whether  to  protect  rights  or  not.  She  noted  that  current                                                               
passport cards  can easily be  used for identification.  She said                                                               
there always seems  to be a good reason to  violate or compromise                                                               
the constitution.                                                                                                               
                                                                                                                                
4:58:26 PM                                                                                                                    
KAREN  PERRY, representing  self, Chugiak,  Alaska, testified  in                                                               
opposition  of SB  34. She  said the  Alaska Constitution  states                                                               
that citizens  have a right  to privacy.  She set forth  that the                                                               
Legislature  does not  have the  right to  pass bills  that usurp                                                               
Alaskan's  right to  privacy. She  opined  that the  REAL ID  Act                                                               
lacks  the  legitimacy  that  comes  from  having  been  studied,                                                               
debated,   considered  and   directly  voted   upon  by   elected                                                               
representatives.                                                                                                                
                                                                                                                                
5:02:12 PM                                                                                                                    
TIM  JONES, Vice  President of  Administration, Doyon  Utilities,                                                               
Fairbanks, Alaska,  testified in  support of  SB 34.  He detailed                                                               
that  Doyon Utilities  owns, operates  and maintains  the utility                                                               
infrastructure for the water,  waste water, electrical production                                                               
and distribution  at Fort Wainwright,  Fort Greely, and  the Fort                                                               
Richardson site  of JBER. He  said Doyon's 170  employees require                                                               
access to military installations and  failure to pass SB 34 would                                                               
place  an undue  burden on  Doyon's employees  and other  Alaskan                                                               
military  contractors. He  noted  that the  CS addresses  privacy                                                               
concerns that allows for an alternate form of identification.                                                                   
                                                                                                                                
5:03:36 PM                                                                                                                    
MICHAEL   CHAMBERS,   representing   self,   Anchorage,   Alaska,                                                               
testified in  opposition of SB  34. He  set forth that  all state                                                               
legislators have  taken a vow  to protect the  U.S. Constitution,                                                               
even against the tyranny of the federal government.                                                                             
                                                                                                                                
5:04:37 PM                                                                                                                    
LYNETTE CLARK,  Chairman, Alaskan Independence  Party, Fairbanks,                                                               
Alaska, testified  in opposition of SB  34. She said the  REAL ID                                                               
Act  is a  federal intrusion.  She remarked  that she  questioned                                                               
Alaska's unions  that referenced  "convenience of  their members"                                                               
as a reason for passing the legislation.                                                                                        
                                                                                                                                
5:06:41 PM                                                                                                                    
WILLIAM  TOPEL, representing  self, Anchorage,  Alaska, testified                                                               
in opposition of  SB 34. He set  forth that the REAL ID  Act is a                                                               
violation  of   both  the  U.S.   Constitution  and   the  Alaska                                                               
Constitution. He  said he questioned why  regular Alaskans should                                                               
be burdened with the REAL  ID Act to secure their identification.                                                               
He asked that federalizing state  activities and functions not be                                                               
allowed via the REAL ID Act.                                                                                                    
                                                                                                                                
5:10:50 PM                                                                                                                    
BRIAN   DUFFY,   Director,    Administrative   Services,   Alaska                                                               
Department  of   Military  and  Veterans'  Affairs,   Joint  Base                                                               
Elmendorf-Richardson  (JBER),  Richardson, Alaska,  testified  in                                                               
support  of  SB  34.  He  provided an  overview  on  the  pending                                                               
deadline at  Alaska's military installations  if the REAL  ID Act                                                               
in not enacted as follows:                                                                                                      
                                                                                                                                
     Federal installations  such as  JBER and others  in the                                                                    
     state are complying with provisions  of the REAL ID Act                                                                    
     now. Visitors who wish to  obtain unescorted access and                                                                    
     do not  of Department  of Defense  (DOD) identification                                                                    
     cards  or others  compliant with  the REAL  ID Act  are                                                                    
     being denied entry or being  required to be escorted by                                                                    
     a  DOD ID  cardholder while  on the  installation; this                                                                    
     includes individuals with  driver's license from Maine,                                                                    
     Missouri, Montana, or  those with non-enhanced licenses                                                                    
     from Minnesota and  Washington. As discussed previously                                                                    
     if there  is no change  in statute by  Alaska, Alaska's                                                                    
     extension expiration date of  June 6, Alaska's driver's                                                                    
     license and  similar identification cards from  6 other                                                                    
     states,  assuming no  change from  them  as well,  will                                                                    
     simply be  added to the  listing of  the identification                                                                    
     cards that  are not  sufficient for the  individuals to                                                                    
     gain access.                                                                                                               
                                                                                                                                
     JBER leaders,  and we  talked a  lot about  numbers and                                                                    
     types  of people,  JBER leaders  estimate approximately                                                                    
     14,000 contractors  and local service providers  may be                                                                    
     affected  and required  to  have  alternative forms  of                                                                    
     identification.  I think  it would  be unreasonable  to                                                                    
     expect the  installation to provide an  escort for each                                                                    
     of those people  on a routine basis.  Numbers up north:                                                                    
     Fort Wainwright,  about 5,000  per month;  and Eielson,                                                                    
     about 2,600  per month. So,  just in terms  of process,                                                                    
     about 50 different mission partners  on the base, we've                                                                    
     heard from  many of them  already including  the school                                                                    
     district, Aurora Housing, Doyon and others.                                                                                
                                                                                                                                
     Now, for State  of Alaska employees such  as those that                                                                    
     work for the Department  of Military & Veterans Affairs                                                                    
     (DMVA), about 260  of them right now, the  way it works                                                                    
     is the  base will  issue them  what's called  a Defense                                                                    
     Biometrics Identification System  (DBIDS) card, so what                                                                    
     is  used to-date  to  get  that in  many  cases is  the                                                                    
     current Alaska  driver's license.  On the 6th  of June,                                                                    
     assuming  no change,  that Alaska  driver's license  no                                                                    
     longer  is adequate,  they'll have  to find  some other                                                                    
     form of  identification that complies with  the REAL ID                                                                    
     Act.  So, we  think  what will  happen  is those  DBIDS                                                                    
     cards will expire  on their normal term,  they will not                                                                    
     all drop dead on June 6,  but they will expire on their                                                                    
     normal  term,  but  when the  individual  comes  in  to                                                                    
     renew, they  will have to  have, assuming no  change in                                                                    
     the statute,  a REAL ID  form of  ID to get  that DBIDS                                                                    
     card for  routine access on  and off  the installation.                                                                    
     It's  important to  note not  only does  it affect  our                                                                    
     State of Alaska employees  and DMVA, and other agencies                                                                    
     that  require access  to the  installation, all  of the                                                                    
     different mission partners that  you have heard from as                                                                    
     well, but  our current  class of Alaska  Military Youth                                                                    
     Academy cadets that are indoctrinating  as we speak and                                                                    
     will  probably will  arrive on  campus within  the next                                                                    
     week or so, for those that  are 18 and above, that REAL                                                                    
     ID compliant  form of ID  will be critical for  them to                                                                    
     be issued  and receive a  base-access card so  that for                                                                    
     community  events  for  which  they  go  off  base,  or                                                                    
     medical appointments  for which they go  off base, they                                                                    
     can  then  return on  to  the  installation and  resume                                                                    
     their 22-week program.                                                                                                     
                                                                                                                                
5:14:01 PM                                                                                                                    
SENATOR  WILSON  asked  what  the  plan  is  for  the  worst-case                                                               
scenario.                                                                                                                       
                                                                                                                                
MR. DUFFY  reiterated that the  number of contractors  that would                                                               
be affected  is approximately  14,000. He  explained that  one of                                                               
three things  will happen: they  will be turned away;  there will                                                               
be some  form of  interim escort, an  unsustainable idea;  or the                                                               
folks seeking unescorted access will find  a way to get some form                                                               
of REAL ID compliant ID to gain access.                                                                                         
                                                                                                                                
SENATOR WILSON asked  if base services would have to  stop due to                                                               
REAL ID issues for base  contractors and if the possible stoppage                                                               
is part of the military installations' contingency plans.                                                                       
                                                                                                                                
MR. DUFFY replied that the military installations have no waiver                                                                
authority and there should be no expectation for a waiver to be                                                                 
issued.                                                                                                                         
                                                                                                                                
5:15:20 PM                                                                                                                    
CHAIR DUNLEAVY removed his objection, closed public testimony,                                                                  
and held SB 34 in committee.                                                                                                    

Document Name Date/Time Subjects
SB 34, Version O.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - Letters of Support 03.20.17.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - Letter of Opposition 02.28.17.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
HB 16 - Version D.pdf SSTA 3/21/2017 3:30:00 PM
HB 16
CS for SB 34 - Summary of Changes.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
CS for HB 16 - Summary of Changes.pdf SSTA 3/21/2017 3:30:00 PM
HB 16
SB 34 - Letter of Support - Teamsters Local 959.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - Letter from ACLU.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - Letter from Identity Project.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - Written Testimony 03.21.17.pdf SSTA 3/21/2017 3:30:00 PM
SB 34
SB 34 - ACLU Letter March 13, 2017.pdf SSTA 3/21/2017 3:30:00 PM
SB 34