01/31/2001 01:12 PM House JUD
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ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 31, 2001
1:12 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative Scott Ogan, Vice Chair
Representative Jeannette James
Representative John Coghill
Representative Kevin Meyer
Representative Ethan Berkowitz
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 48
"An Act eliminating a requirement that a social security number
be provided by an applicant for a hunting or sport fishing
license or tag; and providing for an effective date."
- MOVED CSHB 48(RES) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 48
SHORT TITLE:NO SOC SEC. # REQ'D ON HUNT/FISH LICENSE
SPONSOR(S): COGHILL
Jrn-Date Jrn-Page Action
01/10/01 0049 (H) READ THE FIRST TIME -
REFERRALS
01/10/01 0050 (H) RES, JUD
01/19/01 0134 (H) COSPONSOR(S): LANCASTER
01/24/01 (H) RES AT 1:00 PM CAPITOL 124
01/24/01 (H) Moved CSHB 48(RES) Out of
Committee
MINUTES(RES)
01/26/01 0169 (H) RES RPT CS(RES) NT 7DP
01/26/01 0170 (H) DP: STEVENS, CHENAULT, GREEN,
FATE,
01/26/01 0170 (H) KAPSNER, KERTTULA, MASEK
01/26/01 0170 (H) FN1: ZERO (DFG)
01/26/01 0170 (H) FN2: ZERO (REV)
01/26/01 0170 (H) REFERRED TO JUDICIARY
01/31/01 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
KEVIN SHORES, Assistant Attorney General
Human Services Section
Civil Division (Juneau)
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Provided department's position and answered
questions regarding HB 48.
ACTION NARRATIVE
TAPE 01-10, SIDE A
Number 0001
CHAIR NORMAN ROKEBERG called the House Judiciary Standing
Committee meeting to order at 1:12 p.m. Members present at the
call to order were Representatives Rokeberg, Coghill, Meyer, and
Berkowitz. Representatives Ogan, James, and Kookesh joined the
meeting as it was in progress.
[Minutes for the overview by the Department of Law regarding
Statehood Defense/Natural Resources Lawsuits, heard during the
second portion of the meeting, are found in the 1:30 p.m.
minutes for this same date.]
HB 48 - NO SOC SEC. # REQ'D ON HUNT/FISH LICENSE
Number 0027
CHAIR ROKEBERG announced that the committee would hear HOUSE
BILL NO. 48, "An Act eliminating a requirement that a social
security number be provided by an applicant for a hunting or
sport fishing license or tag; and providing for an effective
date." [Before the committee was CSHB 48(RES).]
REPRESENTATIVE COGHILL, speaking as the sponsor, stated that his
main goal with CSHB 48(RES) was to remove the requirement that a
person list his or her social security number on the
applications for hunting and fishing licenses/tags/permits. He
referred to a letter from Barbara Miklos of the Department of
Revenue, Child Support Enforcement Division (CSED),
acknowledging the use of the Permanent Fund Dividend Division's
database as a better source for social security number
retrieval. He pointed out that even though CSED had received a
waiver from the Federal Office of Child Support Enforcement, so
that it no longer requires the collection of social security
numbers from recreational licenses, the Alaska Department of
Fish and Game (ADF&G) still mandates the inclusion of social
security numbers on the applications [for
licenses/tags/permits]. With the passage of CSHB 48(RES),
providing a social security number on applications would become
an option, not a requirement - a change which contractual
vendors of applications favor.
Number 0251
REPRESENTATIVE COGHILL paraphrased the following sectional
analysis regarding changes to portions of AS 16.05 [original
punctuation provided]:
Sec. 1: Repeals a portion of AS 16.05.360(a) that
requires the form or application for a hunting or
sport fishing license to contain sufficient
information to supply the applicant's social security
number.
Sec. 2: This repeals AS 16.05.330(e) which requires
a person applying for a license or tag for hunting or
sport fishing to provide their social security number
on the application and requires the Department of Fish
& Game to report provide that social security number
to CSED if requested.
Repeals AS 16.05.346(d) which requires a person
applying for a permit under the section of statutes
that deal with licensing of sport fishing and hunting
to provide the person's social security number on the
permit application. It also requires the department to
provide the social security number to the child
support enforcement agency if information is requested
by the agency.
It also repeals AS 16.05.360(b, which requires the
department to provide the social security number to
CSED upon request.
Sec. 3: Provides for an immediate effective date.
REPRESENTATIVE COGHILL also remarked that CSHB 48(RES) would
contribute to ensuring the public's privacy and security by
limiting unnecessary exposure of an individual's social security
number. He urged the members to pass it out of committee.
Number 0358
REPRESENTATIVE BERKOWITZ called attention to the term
"citizenship" on page 1, line 11, questioning its use in terms
of differentiating the cost of various types of
licenses/tags/permits. He also inquired of the Department of Law
representative if there were any mandated requirements to
include the word "citizenship" in the statute [AS 16.05].
Number 0418
KEVIN SHORES, Assistant Attorney General, Human Services
Section, Civil Division (Juneau), Department of Law, said that
he was not aware of any such federal requirements.
REPRESENTATIVE OGAN pointed out that different classes of
licenses, such as resident, nonresident, and nonresident alien,
have different costs. Therefore, he did not see why there
should be concern over the term "citizenship".
CHAIR ROKEBERG reminded members that the ADF&G tracks
information about all users of the state's fish and game
resources. He noted that over the interim he had personally
witnessed a number of [bag-limit] violations by German nationals
in the tourist sport fishing industry.
REPRESENTATIVE BERKOWITZ expressed his belief that the alien
[citizenship] distinction was an improper one.
CHAIR ROKEBERG reiterated that informational tracking was
important to the ADF&G.
MR. SHORES explained that he had come prepared to speak on CSED
issues and felt that Representative Berkowitz's questions
regarding citizenship distinctions and rate differentials would
be better addressed to the ADF&G.
REPRESENTATIVE OGAN added, as an example, that a nonresident
alien, class 15, big game hunting license costs $300; therefore,
he felt the state had a justifiable need to require an applicant
to declare alien status.
REPRESENTATIVE BERKOWITZ asked whether a person who was from
another country but residing legally in Alaska would fall into
the nonresident alien category.
REPRESENTATIVE OGAN pointed out that that person would be
considered a resident for licensing purposes.
Number 0845
MR. SHORES commented that he was not aware of any federal
requirements regarding citizenship. He concluded by saying that
because CSED had received the federal waiver, the department did
not have any problems with CSHB 48(RES).
Representative Ogan noted this was a welcome change from the
administration's previous policy.
Number 0945
CHAIR ROKEBERG closed public testimony.
Number 0989
REPRESENTATIVE BERKOWITZ made a motion to adopt conceptual
Amendment 1: Page 1, line 11, striking "and citizenship".
REPRESENTATIVE OGAN objected to conceptual Amendment 1.
REPRESENTATIVE BERKOWITZ suggested during discussion that the
wording regarding citizenship constituted an unwarranted
intrusion of people's privacy.
CHAIR ROKEBERG reiterated his concerns about the violations by
German nationals.
REPRESENTATIVE BERKOWITZ responded that "he would be loath to
assign collective guilt to the German people in general, for
fishing violations of a few individuals...."
REPRESENTATIVE OGAN voiced the opinion that removing the
language would impede the ADF&G as it strove to enforce the
laws. He once again brought up the fact that the current fee
schedule was interdependent of both residency and citizenship.
A roll call vote was taken. Representatives Berkowitz and
Kookesh voted for the amendment. Representatives Rokeberg,
Ogan, Coghill, James, and Meyer voted against the amendment.
Therefore, conceptual Amendment 1 failed by a vote of 2-5.
Number 1157
REPRESENTATIVE OGAN made a motion to move CSHB 48(RES) out of
committee with individual recommendations and the attached zero
fiscal notes. He asked for unanimous consent. There being no
objections, CSHB 48(RES) moved from the House Judiciary Standing
Committee.
CHAIR ROKEBERG called an at-ease at 1:30 p.m. in order to hear
the overview by the Department of Law. [Minutes for the
overview by the Department of Law regarding Statehood
Defense/Natural Resources Lawsuits are found in the 1:30 p.m.
minutes for this same date.]
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