Legislature(2001 - 2002)

02/15/2001 08:02 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 15, 2001                                                                                        
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Coghill, Chair                                                                                              
Representative Jeannette James                                                                                                  
Representative Hugh Fate                                                                                                        
Representative Gary Stevens                                                                                                     
Representative Peggy Wilson                                                                                                     
Representative Harry Crawford                                                                                                   
Representative Joe Hayes                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 109                                                                                                              
"An Act  relating to failure  by an election official  to execute                                                               
the  voter's certificate  on an  absentee ballot  or by  a person                                                               
authorized  by  law  to  execute the  voter's  certificate  on  a                                                               
questioned ballot."                                                                                                             
                                                                                                                                
     - MOVED HB 109 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 110                                                                                                              
"An Act relating to driver's licenses and instructional permits;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 109                                                                                                                  
SHORT TITLE:VOTING IN PERSON BY ABSENTEE BALLOT                                                                                 
SPONSOR(S): REPRESENTATIVE(S)COGHILL                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/05/01     0240       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/05/01     0240       (H)        STA                                                                                          
02/15/01                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 110                                                                                                                  
SHORT TITLE:SOCIAL SECURITY # & DRIVER'S LICENSES                                                                               
SPONSOR(S): REPRESENTATIVE(S)COGHILL                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/05/01     0241       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/05/01     0241       (H)        STA, JUD                                                                                     
02/05/01     0241       (H)        REFERRED TO STATE AFFAIRS                                                                    
02/15/01                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Representative Coghill                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 102                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Presented HB 109.                                                                                          
                                                                                                                                
GAIL FENUMIAI, Election Program Specialist                                                                                      
Central Office                                                                                                                  
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Post Office Box 110017                                                                                                          
Juneau, Alaska  99811-0017                                                                                                      
POSITION STATEMENT:  Answered questions on HB 109.                                                                              
                                                                                                                                
CHARLES R. HOSACK, Deputy Director                                                                                              
Division of Motor Vehicles                                                                                                      
3300B Fairbanks Street                                                                                                          
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified on HB 110.                                                                                       
                                                                                                                              
KEVIN SHORES, Assistant Attorney General                                                                                        
Human Services Section                                                                                                          
Department of Law                                                                                                               
Post Office Box 110300                                                                                                          
Juneau, Alasa 99811-0300                                                                                                        
POSITION STATEMENT:  Testified on HB 110.                                                                                       
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-13, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JOHN  COGHILL  called the  House  State  Affairs  Standing                                                               
Committee meeting to  order at 8:02 a.m.  Members  present at the                                                               
call  to  order  were  Representatives  Coghill,  Fate,  Stevens,                                                               
Wilson,  and Crawford.   Representatives  James and  Hayes joined                                                               
the meeting as it was in progress.                                                                                              
                                                                                                                                
HB 109-VOTING IN PERSON BY ABSENTEE BALLOT                                                                                    
                                                                                                                                
Number 0180                                                                                                                     
                                                                                                                                
CHAIR  COGHILL announced  the first  order of  business as  HOUSE                                                               
BILL  NO.  109,  "An  Act  relating to  failure  by  an  election                                                               
official  to  execute  the voter's  certificate  on  an  absentee                                                               
ballot or  by a person authorized  by law to execute  the voter's                                                               
certificate on a questioned ballot."                                                                                            
                                                                                                                                
RYNNIEVA  MOSS, Staff  to  Representative  Coghill, Alaska  State                                                               
Legislature, came forward to present  HB 109.  She explained that                                                               
during  the  municipal  election  last year,  a  constituent  who                                                               
wanted to  vote in the  had gone to the  city hall in  North Pole                                                               
and  cast a  questioned ballot.   A  couple of  weeks later,  the                                                               
voter  received   a  letter  from  the   borough  clerk's  office                                                               
explaining that  his ballot  was not counted  because it  had not                                                               
been signed by  an election official.  House Bill  109 deals with                                                               
questioned  ballots  and  absentee  ballots.   When  people  vote                                                               
questioned or  absentee [ballots], they fill  out a certification                                                               
[on an  envelope in which  the ballot  will be enclosed].   State                                                               
law says  if an absentee or  questioned ballot is not  filled out                                                               
correctly by  the election official,  the vote will count.   This                                                               
does not  happen often; this is  the first time she  has heard of                                                               
it and she  has been an election worker since  1970.  But because                                                               
it does happen, the voters should not be punished.                                                                              
                                                                                                                                
CHAIR COGHILL  said that the  bill is  giving the benefit  of the                                                               
doubt to the voter.                                                                                                             
                                                                                                                                
Number 0431                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON asked what a questioned ballot is.                                                                        
                                                                                                                                
MS.  MOSS explained  that a  questioned ballot  is [cast]  when a                                                               
voter  votes out  of his/her  precinct.   There  is a  registered                                                               
voter list  at each  precinct, and  if the voter  is not  on that                                                               
precinct list,  he/she cannot be  refused the right to  vote, but                                                               
he/she  has to  vote  a  questioned ballot,  by  which the  voter                                                               
certifies that he/she is a registered  voter.  The ballot goes to                                                               
[the  Division  of]  Elections  and  goes  through  a  canvassing                                                               
process where  it is checked to  be sure the voter  is registered                                                               
and then the vote is counted.                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON asked  where a voter can  vote a questioned                                                               
ballot.                                                                                                                         
                                                                                                                                
MS. MOSS  replied that  a voter  can vote  at [the  polling place                                                               
for] any precinct.   The constituent who voted at  the North Pole                                                               
city  hall [and  whose vote  was  not counted]  lived in  another                                                               
precinct.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON wondered  if there  wasn't anyone  at city                                                               
hall who could have initialed it.                                                                                               
                                                                                                                                
MS. MOSS  said the election  official is  supposed to do  so, but                                                               
during a  general election,  especially a  presidential election,                                                               
things can get hectic and mistakes can happen.                                                                                  
                                                                                                                                
Number 0569                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS said the  election official didn't do what                                                               
he/she was supposed  to do.  He wondered if  passing HB 109 would                                                               
make  possible any  abuse of  the system  by someone  voting when                                                               
he/she shouldn't be voting.                                                                                                     
                                                                                                                                
MS.  MOSS replied  that  she  didn't think  so.    This [HB  109]                                                               
basically  says if  the  error is  on the  part  of the  election                                                               
worker, then  the vote will  be counted.   The voter also  has to                                                               
complete  the document  properly.   If  an error  is the  voter's                                                               
fault, the  ballot doesn't  count; if the  error is  the election                                                               
worker's fault, then the ballot does count.                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  asked if  there was any  chance of  abuse of                                                               
this.  For  example, if the signature isn't required,  is there a                                                               
chance of [counting] a counterfeit  questioned ballot?  Could the                                                               
box  be stuffed  without  the election  officials' signatures  on                                                               
[questioned ballots]?                                                                                                           
                                                                                                                                
MS. MOSS  answered that first of  all, the voter has  to sign the                                                               
document for  it to  be valid.    In order  to vote  a questioned                                                               
ballot, the voter must show  identification.  She doesn't see any                                                               
way to abuse it.                                                                                                                
                                                                                                                                
REPRESENTATIVE CRAWFORD asked:  If  a questioned ballot was found                                                               
and it  wasn't signed by  an election official, and  the election                                                               
official  said he/she  didn't remember  [the  ballot] and  didn't                                                               
think it  had come  through his/her precinct,  would it  still be                                                               
allowed even though he/she believed it didn't belong there?                                                                     
                                                                                                                                
MS.  MOSS  explained  that the  questioned  ballots  are  brought                                                               
before a  canvassing board, and  if an election worker  felt that                                                               
an envelope  had been placed  in the ballot box  improperly, that                                                               
would be dealt with by the canvassing board.                                                                                    
                                                                                                                                
REPRESENTATIVE  STEVENS   said  the   purpose  of   the  election                                                               
official's signature  is to  show that he/she  has looked  at the                                                               
identification.   [Otherwise,]  how  would  the canvassing  board                                                               
know that that person had the proper identification?                                                                            
                                                                                                                                
MS. MOSS  replied that  the canvassing board  would have  to deal                                                               
with [such questions],  and if it came to the  point of having to                                                               
call   the  election   worker  to   the   canvassing  board   and                                                               
interviewing that worker, there is a process for doing that.                                                                    
                                                                                                                                
REPRESENTATIVE  STEVENS said  that  gets  back to  Representative                                                               
Crawford's   question  about   putting   the  responsibility   on                                                               
someone's memory.                                                                                                               
                                                                                                                                
MS.  MOSS  explained that  precincts  are  close-knit.   Election                                                               
boards are  [made up of]  very responsible  people.  Most  of the                                                               
election board  people work 20-25  years; they know  everybody in                                                               
the precinct; they have very good  memories.  The purpose of this                                                               
bill is to protect an individual's right to vote.                                                                               
                                                                                                                                
CHAIR  COGHILL  explained  that  positive  identification  and  a                                                               
signature [are  required of] the  voter.  If,  inadvertently, the                                                               
date  was not  properly  put  on or  the  signature block  wasn't                                                               
signed properly by  the election official, HB 109  is saying that                                                               
the voter  still voted properly,  in good faith, and  "we" messed                                                               
up.  Chair Coghill added that he  is not trying to "lift the lid"                                                               
on any fraud opportunity.                                                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON expressed  her  reluctance  on this  issue                                                               
because it might open.                                                                                                          
                                                                                                                                
Number 1009                                                                                                                     
                                                                                                                                
GAIL  FENUMIAI,  Election  Program  Specialist,  Central  Office,                                                               
Division of  Elections, Office of  the Lieutenant  Governor, came                                                               
forward  to  answer  questions.   She  explained  the  questioned                                                               
ballot process.   If somebody  votes out of precinct  and his/her                                                               
name is not  on the precinct register, at that  time he/she would                                                               
then be asked  to vote a questioned ballot  because everybody has                                                               
the  right to  vote.   The  other reason  somebody  would vote  a                                                               
questioned ballot  is if  he/she did  not have  identification or                                                               
was not personally known by  an election worker at that precinct.                                                               
The questioned ballot  envelope has the same  information [on it]                                                               
that is  required on a voter  registration form.  If  that person                                                               
is  not  registered  at  the  time,  he/she  ...  would  then  be                                                               
registered by  completing that envelope.   Information  the voter                                                               
provides includes:   Name, residence address,  a mailing address,                                                               
the  city lived  in, and  optional information  such as  place of                                                               
birth,  date of  birth, and  Social  Security number.   She  said                                                               
about  95 percent  of the  people provide  that information  plus                                                               
his/her  signature  and  also  the   signature  of  the  election                                                               
official.  When  somebody votes a questioned  ballot, he/she also                                                               
signs a  questioned register  at the  precinct, which  is another                                                               
tool   precinct  workers   use  in   the  ballot   accountability                                                               
[procedure] at  the end of  the night.   The register is  used to                                                               
verify the number of questioned ballots.                                                                                        
                                                                                                                                
MS.  FENUMIAI explained  there is  a tight  ballot accountability                                                               
process  that [is  followed]  at the  end of  the  evening.   The                                                               
election  workers must  account for  every ballot  that they  had                                                               
when the polls  opened at 7 a.m., every ballot  issued, and every                                                               
ballot  that has  been  spoiled,  until 8  p.m.   The  questioned                                                               
ballot  is contained  in an  envelope  and goes  to the  regional                                                               
election office that  has jurisdiction for the  House district in                                                               
which  that  ballot was  cast,  and  [the questioned  ballot  is]                                                               
reviewed by a  bipartisan board that checks to see  if the person                                                               
was  registered,  based  on  the  information  provided  on  that                                                               
envelope.   Signatures  also  are  examined.   If  the person  is                                                               
registered  to vote  based  on the  information  provided on  the                                                               
envelope, the eligibility of the  right to have voted that ballot                                                               
is then determined.   If the residence address is  still the same                                                               
as what appears on the  voter registration system, then the voter                                                               
just voted  "out of precinct" but  not "out of district,"  and it                                                               
would be  a "full  count ballot."   If  the residence  address is                                                               
changed and  the person is voting  out of district, then  it is a                                                               
"partial  count  ballot," which  means  certain  portions of  the                                                               
ballot would count.  [Votes  on] statewide issues would count for                                                               
everybody as long as the voter  was registered 30 days before the                                                               
election.   If the voter  moves from  House District 12  to House                                                               
District  13 and  he/she voted  in House  District 13,  the House                                                               
District portion  would not count  unless that change  of address                                                               
had been made 30 days prior to the election.                                                                                    
                                                                                                                                
MS. FENUMIAI  noted there are  good checks and balances  in place                                                               
to see  if people  are trying  to abuse the  system, and  it just                                                               
doesn't  happen.   Everybody that  signs a  precinct register  on                                                               
election day  establishes a  "voter history"  that goes  into the                                                               
voter registration data base.    It is flagged in the system that                                                               
the individual  voted in person.   When the review  board reviews                                                               
absentee and  questioned ballots, if  they find somebody  who had                                                               
already  voted  in  person,  a  flag  goes  up  ...  and  further                                                               
investigation is  done.  If it  turns out the voter  voted twice,                                                               
the second ballot is not counted  and the voter's name is sent to                                                               
the Department of Law.                                                                                                          
                                                                                                                                
CHAIR  COGHILL asked,  "If a  person voting  a questioned  ballot                                                               
doesn't  sign  it or  fails  to  complete  the paperwork  in  the                                                               
mandatory area, would the vote still count?"                                                                                    
                                                                                                                                
MS. FENUMIAI said  it would be rejected because  the voter didn't                                                               
provide sufficient information.                                                                                                 
                                                                                                                                
CHAIR COGHILL said  that if the voter does  everything right, but                                                               
there is an inadvertent mistake  on the election official's part,                                                               
the  voter's vote  still counts;  [that]  is where  this bill  is                                                               
trying to go.                                                                                                                   
                                                                                                                                
MS.  FENUMIAI agreed.   She  gave some  statistics from  the last                                                               
general  election.    There  were  only  two  absentee  in-person                                                               
ballots and  one questioned ballot  statewide that  were rejected                                                               
for this  reason.  If  the voter  has done everything  in his/her                                                               
power to  do it right,  if it  was an election  official's error,                                                               
she does  not want to see  the voter penalized.   It happens very                                                               
rarely.                                                                                                                         
                                                                                                                                
CHAIR  COGHILL  explained that  he  introduced  the bill  not  to                                                               
highlight a  major error, but many  things come down to  one vote                                                               
and he wants to  make sure that the voter has  the benefit of any                                                               
doubt.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  STEVENS  agreed  that  made  sense,  but  if  the                                                               
signature  is not  needed  in  this case,  why  is  there ever  a                                                               
reason?                                                                                                                         
                                                                                                                                
MS. FENUMIAI  said they would still  like to have it  because the                                                               
only way to get a  questioned ballot or absentee in-person ballot                                                               
is  to  get  it  from  an  election  official.    It  is  another                                                               
safeguard.   It  helps to  protect  the validity  of that  ballot                                                               
being cast.  She said she  doesn't think he would want witnessing                                                               
to  go away  altogether.   If no  witnessing was  required, there                                                               
might be more opportunity for potential abuse of the system.                                                                    
                                                                                                                                
Number 1522                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON asked  if there  were only  two questioned                                                               
ballots this [last] time, how many  would there have to be before                                                               
the Division  of Elections would  think it was unusual  enough to                                                               
check.                                                                                                                          
                                                                                                                                
MS. FENUMIAI  replied that  if an  election official  didn't sign                                                               
about 15 [of  the questioned ballots], the  Division of Elections                                                               
would be  concerned that it had  not done a good  job in training                                                               
those people.  She thinks that  in past court cases, the Division                                                               
of Elections  has been advised that  if there is an  error on the                                                               
part of the election official,  the division should rule in favor                                                               
of the voter.                                                                                                                   
                                                                                                                                
Number 1582                                                                                                                     
                                                                                                                                
CHAIR  COGHILL noted  that Representative  James  had joined  the                                                               
committee meeting.                                                                                                              
                                                                                                                                
Number 1619                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  asked if [when handling]  absentee military                                                               
votes,  the Division  of  Elections pays  attention  to the  date                                                               
stamp or the date the voter signed  the ballot.  She said she was                                                               
concerned because  many military  personnel have no  control over                                                               
when  mail is  posted  and much  military mail  does  not have  a                                                               
postmark on it.                                                                                                                 
                                                                                                                                
MS.  FENUMIAI said  the Division  of Elections  does look  at the                                                               
postmark  to see  that the  ballot  was postmarked  on or  before                                                               
election day,  and the ballot has  to be received within  so many                                                               
days after the election in order to be counted.                                                                                 
                                                                                                                                
REPRESENTATIVE  JAMES asked  if  they ever  get military  ballots                                                               
from overseas that do not have a postmark.                                                                                      
                                                                                                                                
MS. FENUMIAI did not know.                                                                                                      
                                                                                                                                
REPRESENTATIVE JAMES said all the  mail she had received from her                                                               
husband when he was in  military service came without a postmark.                                                               
That was a long time ago,  and she wondered what the situation is                                                               
now.   She has  heard concern from  military personnel  that they                                                               
have no control over when mail is  posted when they are at sea or                                                               
on a mission.                                                                                                                   
                                                                                                                                
MS. FENUMIAI said "special advance  overseas" ballots are sent 60                                                               
days in advance to military personnel  who are going to be out of                                                               
the  state at  election time.   She  does not  recall seeing  one                                                               
[come  back] that  did not  have  a postmark,  but she  remembers                                                               
seeing a lot  of federal FPO and APO postmarks  with the dates on                                                               
them.                                                                                                                           
                                                                                                                                
Number 1774                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS asked  if the  question [addressed  by HB
109]  could be  approached from  the other  direction, by  making                                                               
sure that no  ballot gets through without a signature.   He asked                                                               
how the signing takes place and what the procedure is.                                                                          
                                                                                                                                
MS. FENUMIAI  said when a  voter goes to  a polling place  ... to                                                               
vote a questioned  ballot, the election official  gives the voter                                                               
an envelope  to fill out,  the voter  returns it to  the election                                                               
official,  and [the  official]  signs the  envelope.   The  voter                                                               
signs the questioned register, which  is supposed to already have                                                               
a signature  on it  from the  official at  the start  of business                                                               
that  day.   The  voter then  takes the  ballot  into the  voting                                                               
booth,  returns  it to  the  official,  and  puts it  inside  the                                                               
envelope.  Then  [the envelope] is put into a  special bin in the                                                               
ballot box, which  at the end of the night  is taken out, counted                                                               
to go  through the ballot accountability  process, then delivered                                                               
to the regional office on election night for review.                                                                            
                                                                                                                                
REPRESENTATIVE  STEVENS asked,  "Then it  never goes  through the                                                               
Accu-Vote System?   At the  polling place, [the voter]  goes back                                                               
to the  official and that's when  the voter signs it,  or has the                                                               
voter already signed the form by that time?"                                                                                    
                                                                                                                                
MS. FENUMIAI  said the voter  signs the envelope  when completing                                                               
the information on the envelope.                                                                                                
                                                                                                                                
REPRESENTATIVE STEVENS asked, "So you  take it back to the voting                                                               
official  and that's  when  they  sign it,  after  the voter  has                                                               
completed it?"                                                                                                                  
                                                                                                                                
MS.  FENUMIAI replied,  "Yes, and  the ballot  is sealed  in that                                                               
envelope.   It does not  go through the precinct  tabulator until                                                               
it has been reviewed by the [election] board.                                                                                   
                                                                                                                                
Number 1888                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD  recalled that  in the election  in 1996,                                                               
before the Accu-Vote System, in  one of his precincts, the number                                                               
of  questioned ballots  that were  put out  and the  numbers that                                                               
were received didn't  match.  "We never did find  out exactly why                                                               
that was,  and I lost  my first election by  18 votes, and  I was                                                               
really  concerned.   Can you  give me  an idea  what might  [have                                                               
happened] to those questioned ballots?"                                                                                         
                                                                                                                                
MS.  FENUMIAI offered  her  "best guess,"  saying  that a  ballot                                                               
instead of being  returned to the election official to  be put in                                                               
the  envelope  may [instead]  have  been  put directly  into  the                                                               
ballot box.   She said that happens on rare  occasions, and might                                                               
have happened in 1996.                                                                                                          
                                                                                                                                
Number 1992                                                                                                                     
                                                                                                                                
CHAIR COGHILL  wondered if  with the  new Accu-Vote  System, that                                                               
"would  put a  money wrench  in the  works" by  [the ballot]  not                                                               
going into the Accu-Vote machine.                                                                                               
                                                                                                                                
MS.  FENUMIAI said  the ballot  could still  go into  the machine                                                               
because  [those people  voting questioned  ballots]  vote on  the                                                               
same kind of  ballot as a person who sign  the precinct register.                                                               
The election  officials are sitting  there and they try  to watch                                                               
who takes a questioned ballot and  tell the voter to come back to                                                               
the table to  put the [questioned] ballot  inside [the envelope],                                                               
and then the envelope is sealed.                                                                                                
                                                                                                                                
Number 2000                                                                                                                     
                                                                                                                                
CHAIR COGHILL  asked how  many people voted  in the  last general                                                               
election.                                                                                                                       
                                                                                                                                
MS. FENUMIAI estimated about 227,000.                                                                                           
                                                                                                                                
CHAIR COGHILL asked, "We had three mishaps?"                                                                                    
                                                                                                                                
MS. FENUMIAI replied, "Yes."                                                                                                    
                                                                                                                                
CHAIR COGHILL  said he was  not trying  to change the  world, but                                                               
just trying to  give the benefit [of doubt to  the voter on] that                                                               
very,  very rare  occasion [when  a  volunteer election  official                                                               
makes a mistake].                                                                                                               
                                                                                                                                
MS. FENUMIAI said  statewide, there were 61,000  people who voted                                                               
[absentee], and two ballots were rejected for that reason.                                                                      
                                                                                                                                
CHAIR COGHILL said  if he'd lost by one vote,  and known that his                                                               
vote, "was  the one that wasn't  counted but would have  made the                                                               
difference ...[laughter] .... That's where we're trying to get."                                                                
                                                                                                                                
Number 2068                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES moved  to report  HB 109  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 109 was passed  out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
HB 110-SOCIAL SECURITY # & DRIVER'S LICENSES                                                                                  
                                                                                                                                
Number 2089                                                                                                                     
                                                                                                                                
CHAIR COGHILL announced the next  order of business as HOUSE BILL                                                               
NO. 110, "An Act relating  to driver's licenses and instructional                                                               
permits; and providing for an effective date."                                                                                  
                                                                                                                                
CHAIR  COGHILL explained  that HB  110  is simply  saying that  a                                                               
person's Social Security  number will not be printed  on the face                                                               
of that  person's driver's license.   The person will  still have                                                               
to give the Social Security number when applying for a license.                                                                 
                                                                                                                                
Number 2154                                                                                                                     
RYNNIEVA MOSS,  Staff to Representative Coghill,  came forward to                                                               
testify.   She began  by noting that  the sponsor  had considered                                                               
including a provision related to  people who have rescinded their                                                               
Social Security number.   However, after being  advised by Social                                                               
Security  officials  that no  numbers  have  been rescinded,  the                                                               
sponsor chose not to address that issue.                                                                                        
                                                                                                                                
MS.  MOSS  explained   that  HB  110  conforms   to  the  federal                                                               
requirement  but goes  no further.   The  federal requirement  is                                                               
that  a  person  applying  for a  driver's  license  must  either                                                               
provide his/her Social Security number  or sign an affidavit that                                                               
he/she  does  not   have  one.    Compliance   with  the  federal                                                               
requirement  means  HB 110  poses  no  threat of  losing  federal                                                               
funds.                                                                                                                          
                                                                                                                                
Number 2216                                                                                                                     
                                                                                                                                
CHAIR COGHILL added  that the Social Security  number is required                                                               
on  a commercial  driver's license,  and HB  110 does  not affect                                                               
that.   He  then  noted that  HB  110 says,  "A  license may  not                                                               
display," so  that a  person who wants  the number  displayed can                                                               
have that option.                                                                                                               
                                                                                                                                
MS.  MOSS said  there  had been  discussion about  the  use of  a                                                               
driver's license  as identification  when applying for  a hunting                                                               
or fishing license  or when cashing a check.   A driver's license                                                               
is shown  to many people in  a lifetime, and [not  displaying the                                                               
Social Security  number on  the face  of the  license] is  just a                                                               
matter of privacy.                                                                                                              
                                                                                                                                
CHAIR  COGHILL  said  privacy  is  one of  the  main  reasons  he                                                               
introduced HB 110.  The  continuing trend toward using the Social                                                               
Security number  as a  main identifier is  something that  he has                                                               
resisted,  and he  thinks  HB  110 is  a  good  move [to  protect                                                               
privacy in relation to that trend].                                                                                             
                                                                                                                                
Number 2283                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES  asked if a  driver's license  currently has                                                               
the person's Social Security numbers on it.                                                                                     
                                                                                                                                
CHAIR COGHILL replied  that the number now is "right  on the face                                                               
of the license."                                                                                                                
                                                                                                                                
Number 2309                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES spoke  in support  of HB  110, noting  that                                                               
there is even  a larger exposure.  She said  it is distressing to                                                               
her  to hear  the Social  Security  number read  over the  police                                                               
scanner when a driver has been  stopped.  She spoke of the danger                                                               
of  [identity theft],  an unauthorized  person's  use of  another                                                               
person's   identification,  and   related  a   personal  anecdote                                                               
involving a check for $4,600  that an unknown person cashed using                                                               
her account number.                                                                                                             
                                                                                                                                
CHAIR COGHILL noted that the  threat is probably greater now than                                                               
in the past.                                                                                                                    
                                                                                                                                
Number 2463                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS  shared the sponsor's concerns,  but asked                                                               
if HB  110 would in  any way impact police  in a negative  way or                                                               
"hamstring the legal system."                                                                                                   
                                                                                                                                
CHAIR  COGHILL  didn't think  so  based  on contact  with  Public                                                               
Safety officials.                                                                                                               
                                                                                                                                
MS.  MOSS  referred  to  a  discussion  with  Del  Smith,  Deputy                                                               
Commissioner  of  Public Safety,  related  to  a complaint  about                                                               
Social  Security numbers  being broadcast  on the  police radios.                                                               
Mr. Smith  told officers  not to  do so, and  to call  the police                                                               
dispatcher via  telephone if the  number was needed  to establish                                                               
identity.                                                                                                                       
                                                                                                                                
CHAIR  COGHILL added  that there  is a  driver's license  number,                                                               
which he  much prefers  to use  as an  identifier.   The driver's                                                               
license  number   gives  police  access  to   other  information,                                                               
including the  person's Social Security number.   The combination                                                               
of  the  license number  and  the  photograph is  sufficient  for                                                               
identification.                                                                                                                 
                                                                                                                                
Number 2579                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD asked  if  there was  any reason  police                                                               
would  need a  Social Security  number if  they had  a person  in                                                               
custody.                                                                                                                        
                                                                                                                                
MS. MOSS  said the  Social Security  number is  on file  with the                                                               
Department of Motor  Vehicles (DMV), and that  the information is                                                               
readily available to police.                                                                                                    
                                                                                                                                
Number 2611                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES  wondered what  would  happen  if a  police                                                               
officer needed that information at 2 a.m. and couldn't telephone                                                                
DMV.   He shared the  concern about possibly hindering  the legal                                                               
system.                                                                                                                         
                                                                                                                                
MS. MOSS  said she didn't  think being without a  Social Security                                                               
number at  2 a.m.  would hinder  prosecution.   "It's not  an ID;                                                               
your driver's license is an ID."                                                                                                
                                                                                                                                
CHAIR COGHILL  again emphasized that the  driver's license number                                                               
is the key to the other information.                                                                                            
                                                                                                                                
Number 2655                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD  asked how  police determine if  a person                                                               
has  outstanding warrants  in other  states.   "Do  they use  the                                                               
Social Security number to track that  or do they use the driver's                                                               
license number?   It seemed to him that the  number of a driver's                                                               
license issued in  Alaska wouldn't lead back to  records in other                                                               
states.                                                                                                                         
                                                                                                                                
CHAIR COGHILL  said that  a valid  Alaska driver's  license would                                                               
serve as  the key to the  other information, and there  are other                                                               
ways  of  identifying a  person  who  does  not have  a  driver's                                                               
license.                                                                                                                        
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  requested  clarification  that  the  only                                                               
effect of  HB 110  would be  that the next  time she  renewed her                                                               
driver's  license, the  new  license would  not  have her  Social                                                               
Security number on it.                                                                                                          
                                                                                                                                
MS.  MOSS added  that it  would remain  an option:  a person  who                                                               
requested it  could have  the Social Security  number put  on the                                                               
license.                                                                                                                        
                                                                                                                                
REPRESENTATIVE WILSON  asked if  DMV still was  going to  ask her                                                               
for her Social Security number.                                                                                                 
                                                                                                                                
MS. MOSS deferred that question to the next witness.                                                                            
                                                                                                                                
Number 2740                                                                                                                     
                                                                                                                                
CHARLES R.  HOSACK, Deputy Director, Division  of Motor Vehicles,                                                               
testified by teleconference.   He testified that Section  1 of HB
110 mirrors DMV's  current policy: the Social  Security number is                                                               
required to  get a driver's  license, and  a person who  does not                                                               
have a  Social Security number  can provide an affidavit  to that                                                               
effect.    Current  administrative  policy  simply  is  put  into                                                               
statute by HB 110.                                                                                                              
                                                                                                                                
MR. HOSACK  noted that Section 2  of HB 110 would  change current                                                               
practice because it  says the license "may not"  display a Social                                                               
Security  number.   Those  words  mean  that  DMV does  not  have                                                               
permission to put the number on  the license.  Currently, the DMV                                                               
retains that option.  "If the  person doesn't object, we print it                                                               
on there.  If they do object,  we just suppress the printing.  So                                                               
what we'll do with Section 2  is we'll just suppress the printing                                                               
of all Social Security numbers on noncommercial licenses."                                                                      
                                                                                                                                
Number 2803                                                                                                                     
                                                                                                                                
MR.   HOSACK  volunteered   some  information   in  response   to                                                               
Representative Hayes'  questiom about whether HB  110 will affect                                                               
law enforcement.   Mr. Hosack  explained that the  information in                                                               
DMV  files is  available  to  all state  troopers  and, all  city                                                               
police.   Whenever an  officer calls  the police  dispatcher, the                                                               
dispatcher can use the computer  to access the DMV information 24                                                               
hours a day, seven days a week.   If a person has an out-of-state                                                               
license,  law   enforcement  also   has  access  to   a  national                                                               
telecommunications network that allows them  to check licenses or                                                               
information  from  other  states.    They  can  either  go  to  a                                                               
particular  state or  they can  do  a 50-state  broadcast.   This                                                               
would bring back any information on wants or warrants.                                                                          
                                                                                                                                
Number 2855                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  asked if  HB 110 would  create any  type of                                                               
problem for an  officer stopping somebody who had a  record or an                                                               
outstanding warrant.                                                                                                            
                                                                                                                                
MR. HOSACK  said it  would not.   The  Social Security  number is                                                               
down  in  about fourth  or  fifth  place among  identifiers  that                                                               
officers  use.   It is  an additional  piece of  information, but                                                               
they  already have  that information  accessible on  the computer                                                               
system.   He  thought there  might be  a problem  with using  the                                                               
driver's license  for commercial transactions, such  as cashing a                                                               
check.                                                                                                                          
                                                                                                                                
Number 2922                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  related an  experience her husband  had had                                                               
when he lost his billfold with  both his driver's license and his                                                               
Social Security  card in  it.  She  cautioned that  people should                                                               
not   carry  both   of   them  because   those   two  pieces   of                                                               
identification can be used for identity fraud.                                                                                  
                                                                                                                                
CHAIR COGHILL said  that is one of the reasons  he does not think                                                               
people should  use the Social Security  number for identification                                                               
purposes.                                                                                                                       
                                                                                                                                
Number 2979                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE asked ...                                                                                                   
                                                                                                                                
TAPE 01-13, SIDE B                                                                                                              
                                                                                                                                
REPRESENTATIVE FATE  asked if the  Social Security would  play an                                                               
important role in tracking a forgery.                                                                                           
                                                                                                                                
MR.  HOSACK  replied  that although  DMV  requires  that  license                                                               
applicants provide a  Social Security number, in  most cases, DMV                                                               
does  not verify  that  number.   Only  recently  has the  Social                                                               
Security   Administration   allowed   states   to   verify   that                                                               
information, and it is a "cumbersome hookup."                                                                                   
                                                                                                                                
REPRESENTATIVE  FATE  then  surmised  that not  having  a  Social                                                               
Security  number  on the  face  of  the driver's  license  really                                                               
wouldn't make much difference in an investigation of a forgery.                                                                 
                                                                                                                                
MR.  HOSACK confirmed  that [having  the number  on the  license]                                                               
would not make  much difference because it is  "very difficult to                                                               
get  an   accurate  verification   from  [the]   Social  Security                                                               
Administration."                                                                                                                
                                                                                                                                
Number 2873                                                                                                                     
                                                                                                                                
KEVIN   SHORES,  Assistant   Attorney  General,   Human  Services                                                               
Section, Department of Law, explained  that he works in the Child                                                               
Support Enforcement Division.                                                                                                   
                                                                                                                                
CHAIR COGHILL  asked if  not having a  Social Security  number on                                                               
the face of  the driver's license would have any  major effect on                                                               
Mr. Shores' area of purview.                                                                                                    
                                                                                                                                
MR. SHORES testified that the  Child Support Enforcement Division                                                               
(CSED) does  not have any problem  with HB 110.   The requirement                                                               
in  federal law  is very  clear  that every  state child  support                                                               
agency must  have access to that  Social Security number.   It is                                                               
important  to be  able to  track people  in other  states because                                                               
Social  Security  numbers  would   appear  in  divorce,  domestic                                                               
relations documents,  death certificates.   But federal  law also                                                               
is  clear that  the  number just  has to  be  on the  application                                                               
material.  He said CSED would  access the information in much the                                                               
same way as  would a police dispatcher, through  DMV records that                                                               
include the Social Security number.                                                                                             
                                                                                                                                
Number 2832                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  asked  if  it is  true  that  people  are                                                               
required to carry their Social Security card at all times.                                                                      
                                                                                                                                
CHAIR  COGHILL thought  that was  a federal  question that  would                                                               
need  to  be  answered  by   someone  from  the  Social  Security                                                               
Administration.                                                                                                                 
                                                                                                                                
Number 2698                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  mentioned that she recently  found the old,                                                               
hand-typed Social Security  card she was issued  when she changed                                                               
her name by  marriage.  At the  bottom, it says, "Not  to be used                                                               
for identification purposes."                                                                                                   
                                                                                                                                
Number 2778                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES offered a conceptual  amendment: "On page 2,                                                               
Line 16,  I would like  to change the  'may' to 'shall'"  so that                                                               
DMV could  put the Social  Security number on a  driver's license                                                               
or not do so, according to the licensee's request.                                                                              
                                                                                                                                
CHAIR COGHILL objected for purposes of discussion.                                                                              
                                                                                                                                
MR. HOSACK commented  that the way the bill is  written, the "may                                                               
not" has the effect of "shall  not," and means DMV cannot display                                                               
the Social  Security number.  Current  practice is that it  is at                                                               
the  licensee's   option,  and  if  the   licensee  objects,  DMV                                                               
suppresses the printing of the number.                                                                                          
                                                                                                                                
REPRESENTATIVE  HAYES  asked  how  to go  about  maintaining  the                                                               
option that is currently in place.   He was concerned that HB 110                                                               
would take away the licensee's option.                                                                                          
                                                                                                                                
CHAIR COGHILL said the "shall not" would assure that option.                                                                    
                                                                                                                                
Number 2698                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  objected, "only  because ... if  you're not                                                               
consistent in  what you do,  you open the  door for error."   She                                                               
noted that  applicants for a  vehicle license have the  option to                                                               
keep their  license information from  being given out  other than                                                               
for official use.   She wondered how many people  have signed and                                                               
said they  don't want to  do that.   Because the licensee  has to                                                               
object,  that licensee  may not  even  be aware  that the  option                                                               
exists.                                                                                                                         
                                                                                                                                
Number 2652                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD noted  that in his job  as an ironworker,                                                               
he is employed  by many different contractors in the  course of a                                                               
year, sometimes for only two or three  days at a time.  Each time                                                               
he has to sign the paperwork to  get a new job, he has to present                                                               
two forms  of identification to  show that  he is not  an illegal                                                               
alien.   One of  those is  his driver's  license with  the Social                                                               
Security number on it and the  other is his Social Security card.                                                               
He  wondered if  not having  the  Social Security  number on  the                                                               
driver's license  would make  it insufficient  identification for                                                               
that purpose.                                                                                                                   
                                                                                                                                
CHAIR  COGHILL said  a person  will  not get  a driver's  license                                                               
without providing  a Social Security  number on  the application,                                                               
so anyone  seeing the driver's  license will be assured  that the                                                               
holder has citizenship and can be identified positively.                                                                        
                                                                                                                                
MR. HOSACK said  that is correct.  He noted  that Social Security                                                               
will  not allow  DMV  to issue  a driver's  license  number to  a                                                               
foreign  alien who  is  in the  country and  does  not have  work                                                               
status, but there is nothing on  the face of the driver's license                                                               
to indicate that is the case.                                                                                                   
                                                                                                                                
CHAIR  COGHILL surmised  that if  the  [applicant for  a job]  is                                                               
required to have two pieces  if identification, then the person's                                                               
not having work status would become apparent.                                                                                   
                                                                                                                                
MR.  HOSACK said  aliens  who have  work  status usually  produce                                                               
other  identification, such  as a  passport and  a [work]  status                                                               
card issued by the U.S. Immigration and Naturalization Service.                                                                 
                                                                                                                                
CHAIR COGHILL said  that further makes his point  that he doesn't                                                               
want the Social  Security number to be the main  identifier.  The                                                               
fact that  the person  who holds a  driver's license  has his/her                                                               
picture  on   it  and  makes   a  sworn  affidavit   when  making                                                               
application for the license would be sufficient for him.                                                                        
                                                                                                                                
Number 2505                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS observed  that  the  discussion had  been                                                               
very  interesting  and he  appreciates  that.   However,  he  was                                                               
"still looking for  some definitive comment from  either ... [the                                                               
Department  of]  Public Safety  or  from  the attorney  general's                                                               
office saying that  this in no way causes them  any difficulty in                                                               
finding convicted felons ... or causes them any problems."                                                                      
                                                                                                                                
CHAIR  COGHILL said  he didn't  think  to get  the Department  of                                                               
Safety to  testify because the  driver's license  number provides                                                               
access to a complete ID check, the DMV records.                                                                                 
                                                                                                                                
REPRESENTATIVE STEVENS appreciated what  Chair Coghill was saying                                                               
but  said he  wanted  to  hear someone  in  an official  position                                                               
"absolutely say, 'This does not cause us any trouble.'"                                                                         
                                                                                                                                
CHAIR COGHILL volunteered  to delay action on HB 110  in order to                                                               
get that assurance.                                                                                                             
                                                                                                                                
Number 2422                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES  didn't understand  why the applicant  for a                                                               
driver's  license  couldn't  just  check whether  he/she  did  or                                                               
didn't want the Social Security  number to appear on the driver's                                                               
license.   He didn't  understand "why we  are taking  that option                                                               
away   from  everybody   for  the   sake  of   some  people   who                                                               
understandably  might not  want their  Social Security  number on                                                               
their license."                                                                                                                 
                                                                                                                                
CHAIR  COGHILL noted  that  there was  backup  material with  his                                                               
sponsor  statement, "using  the  Social Security  number as  more                                                               
important than the picture-positive ID,  and the fact that Social                                                               
Security numbers have been used in  identity theft so much in our                                                               
society, I think it would be wise  for us not to have that on the                                                               
face of the  driver's license .... That is the  whole purpose for                                                               
this.   If the Social Security  number becomes the main  issue on                                                               
having a  driver's license, then  I think  we have gone  'way too                                                               
far in the wrong direction."                                                                                                    
                                                                                                                                
REPRESENTATIVE HAYES  understood what  Chair Coghill  was saying,                                                               
but,  "You're  taking  the  option away  from  me,  Joe  Citizen.                                                               
That's why I'm curious why not just have one application...."                                                                   
                                                                                                                                
CHAIR COGHILL  wasn't sure he wanted  to debate it at  this time,                                                               
but acknowledged  that a person  was free to give  his/her Social                                                               
Security number  to anyone  he or  she wants.   "I'm  just asking                                                               
let's not put it on the driver's license."                                                                                      
                                                                                                                                
Number 2320                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE thought the main  question was whether or not                                                               
there is  an impediment to  a quick identification  of criminals.                                                               
If there  is an option, then  that option has not  been exercised                                                               
in the  past.   I didn't  seem to him  that the  driver's license                                                               
itself as  shown to the officer  "would have that much  of a play                                                               
in determining criminality until such  time as they was called in                                                               
and his  application and his other  records are looked at  in the                                                               
computer."                                                                                                                      
                                                                                                                                
Number 2216                                                                                                                     
                                                                                                                                
MR. HOSACK  was reluctant to  speak for the Department  of Public                                                               
Safety,  but he  knew the  information  on the  DMV computers  is                                                               
available to Public  Safety.  The officer who  actually makes the                                                               
stop will be  looking at the person's license and  the picture of                                                               
the person  on it.   "He will  have the driver's  license numbe,.                                                               
even if  [the license] doesn't  have the Social  Security number.                                                               
In most  cases, they will  call that in  to a dispatcher  if they                                                               
have  radio access,  and the  dispatcher will  confirm that  yes,                                                               
this  information  is  correct,  just  in case  a  person  has  a                                                               
completely phony  license.... That dispatcher will  also have the                                                               
Social  Security number  that's  recorded on  the computer  file,                                                               
even if it isn't printed on ... [the face of the license]."                                                                     
                                                                                                                                
REPRESENTATIVE FATE  said that  partially answered  his question.                                                               
The other part  of the question was  the immediate identification                                                               
of the criminal  through the driver's license  relative to having                                                               
or not having a Social Security number on it.                                                                                   
                                                                                                                                
Number 2120                                                                                                                     
                                                                                                                                
MS. MOSS explained that the  Social Security number is accessible                                                               
to a  state trooper through  the computer.  Regarding  the option                                                               
portion  of  the issue,  "The  problem  today  is that  a  person                                                               
applying for  a driver's  license doesn't  know that  [not having                                                               
the  Social  Security number  on  the  face  of the  license]  an                                                               
option.  They think it's required."                                                                                             
                                                                                                                                
Number 2103                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAYES  rescinded  his amendment,  but  reaffirmed                                                               
that he thinks  there should be a place on  the application where                                                               
the  applicant can  check off  whether  or not  he/she wants  the                                                               
Social Security number  on the license, or a that  a notice about                                                               
that option should be posted in the DMV office.                                                                                 
                                                                                                                                
CHAIR  COGHILL agreed  with Representative  Hayes except  for the                                                               
fact that he  does not want to see the  Social Security number on                                                               
the face  of the driver's license.   "The ... reason  is not just                                                               
the choice  of the individual, but  ... putting it in  a position                                                               
where it could be misused."                                                                                                     
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES wished Deputy  Commissioner Del Smith of the                                                               
Department of Public Safety could  testify. She also said she was                                                               
convinced that HB  110 "wasn't going to do a  thing to change the                                                               
[impressive systems  for] identification of the  person" that are                                                               
now  available  to  the  Department   of  Public  Safety.    "I'm                                                               
perfectly  comfortable that  with  the  driver's license  number,                                                               
they have all they need to know."                                                                                               
                                                                                                                                
Number 1963                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES   observed,  "I  believe  we're   making  a                                                               
statement  here that  the  government of  Alaska  doesn't have  a                                                               
right to  right to utilize  your Social Security number  for this                                                               
purpose.... this is not a good  government policy."  She said she                                                               
thinks it  is true that  a lot of people  do not know  what their                                                               
options are.                                                                                                                    
                                                                                                                                
Number 1915                                                                                                                     
                                                                                                                                
CHAIR COGHILL requested an amendment  to correct a drafting error                                                               
in HB  110 on Page  2, Line 24.   Chair Coghill wished  to delete                                                               
the  July   effective  date  and   to  make  the   act  effective                                                               
immediately.                                                                                                                    
                                                                                                                                
Number 1883                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES objected for purposes of discussion.                                                                       
                                                                                                                                
REPRESENTATIVE WILSON  said she  did not  have an  objection, but                                                               
thought DMV probably needed some time to make the change.                                                                       
                                                                                                                                
CHAIR  COGHILL said  any time  an immediate  change is  made, the                                                               
[agency involved] just begins the process of making the change.                                                                 
                                                                                                                                
MS. MOSS  reminded the  committee that the  policy already  is in                                                               
effect and would require no change.                                                                                             
                                                                                                                                
REPRESENTATIVE HAYES withdrew his objection.                                                                                    
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS said  he  appreciated  the discussion  so                                                               
far, and "if  everything that has been said is  true, then I have                                                               
no problem with  this [HB 110].   But I just think  it's an error                                                               
not to  have direct  contact with  either the  attorney general's                                                               
office or  [the Department of] Public  Safety.  I'd like  to hear                                                               
absolute  confirmation  from  them   that  this  causes  them  no                                                               
difficulty."  He  asked if there was any reason  why action could                                                               
not be delayed until that could be obtained.                                                                                    
                                                                                                                                
CHAIR COGHILL said, "We are in no big hurry."                                                                                   
                                                                                                                                
MS. MOSS  pointed out that  the State Affairs  Standing Committee                                                               
is primarily a  policy committee and that HB 110  next will go to                                                               
the House Judiciary Standing Committee.   She volunteered to make                                                               
sure  that  Deputy  Commissioner  Smith  was  present  to  answer                                                               
questions in the Judiciary Committee meeting.                                                                                   
                                                                                                                                
CHAIR COGHILL asked the preference of the committee.                                                                            
                                                                                                                                
Number 1759                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS said  if there was no reason  to hurry, he                                                               
would really like to be assured before voting.                                                                                  
                                                                                                                                
CHAIR COGHILL  replied, "That's what  we'll do."   He volunteered                                                               
to ask  the Department  of Public Safety  to answer  the question                                                               
that  had   been  raised  about  quick   and  effective  criminal                                                               
identification.                                                                                                                 
                                                                                                                                
CHAIR COGHILL stated that action on  HB 110, as amended, would be                                                               
deferred to a later meeting.                                                                                                    
                                                                                                                                
REPRESENTATIVE  STEVENS expressed  appreciation  for the  chair's                                                               
holding HB 110 until all concerns could be answered.                                                                            
                                                                                                                                
CHAIR COGHILL said he would try  to arrange for the Department of                                                               
Public safety to testify on HB 110 on February 20.                                                                              
                                                                                                                                
[HB 110 was HEARD AND HELD.]                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1655                                                                                                                     
                                                                                                                                
CHAIR COGHILL  adjourned the meeting  of the House  State Affairs                                                               
Standing Committee at 9:15 a.m.                                                                                                 

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