SENATE BILL NO. 202 An Act relating to expenditures in aid of or to implement the provisions of the federal Real ID Act. SENATOR BILL WIELECHOWSKI, SPONSOR, introduced SB 202, a bill against the federal mandate which creates the first national Identification (ID) Card. He commented that passage of that bill is cause for alarm since the federal government is attempting to interfere with the State's sovereignty and force the State to implement the program through state-issued driver's licenses. SB 202 would prohibit the use of State money to implement the program. Many people are concerned that the technology required by the Real ID Act would convert driver's licenses and identification cards into tracking devices, allowing computers to note and record people's whereabouts. Additionally, there is concern that the Real ID Act would be used as a backdoor attempt to institute a national gun registry. Many from the National Rifle Association (NRA) oppose the Real ID Act. He encouraged passage of SB 202. In response to Representative Hawker, Senator Wielechowski explained that the intent was not to prevent the Division of Motor Vehicles (DMV) from implementing best practices and hence "solely" was incorporated. 3:37:25 PM Representative Hawker asked if the Senator was "comfortable" with that language. Senator Wielechowski said he was okay with the changes made in the House State Affairs Committee. Representative Gara commented on protecting the other functions of Division of Motor Vehicles (DMV). Without using "solely", it provides a partial prohibition. Senator Wielechowski responded that initially "solely" had not been used, knowing that the DMV would still be able to implement best practices. He agreed he shares concerns with Representative Gara. He added that SB 202 does not support Real ID. There could be dollars spent on the Real ID program with the use of federal funding. Representative Gara asked if there were other states that did not incorporate "solely". Senator Wielechowski replied that there are seventeen states that have passed some legislation prohibiting Real ID. 3:42:02 PM GEORGE ASCOTT, STAFF, SENATOR BILL WIELECHOWSKI, acknowledged that was correct and that Washington, Montana and Maine, each offer different language, indicating that they would not comply with the Real ID Act. Representative Gara asked that language preference. Senator Wielechowski clarified that the bill was filed not including "solely"; when the bill moved through the HSA Committee, he agreed to support the bill as changed. BILL SCANNELL, SELF, ANCHORAGE, spoke in support of the legislation. He did not care for usage of "solely" but would support it if that was the only way to get it to the House Floor. 3:46:49 PM MATHEW KERR, SELF, ANCHORAGE, spoke in support of the bill. The provisions of the Real ID increase the size of government without compelling any State benefit. JOHN BRADING, FAIRBANKS, testified via teleconference, voiced support for SB 202. He claimed that no one wins when freedom fails. He thought that the Real ID Act is an instrument to control human freedom. FRANK TURNEY, FAIRBANKS, testified via teleconference, spoke in support of the bill. He added support for HB 3 regarding driver's license ID. "Those who give up essential liberties for security deserve neither." (Ben Franklin) 3:55:08 PM DAVID SAPP, FAIRBANKS, testified via teleconference, indicated his support of the legislation. He echoed concerns regarding the Real ID Act. LARRY SMITH, NORTH POLE, testified via teleconference, voiced support for SB 202. He wanted to see legislation passed so that the State never has to address the issue again. PAUL NELSON, HAINES, testified via teleconference, spoke in support of the bill, pointing out that the Real ID Act violates the Alaska State Constitution. It is an unfunded mandate that adds another layer of bureaucracy to government. The Real ID Act does nothing to protect the citizens of this country. SHAEFFER COX, FAIRBANKS, testified via teleconference, spoke in support of SB 202. He recommended that the word "solely" be removed. He questioned if the people belong to the government or if the government belongs to the people. He emphasized the amount of statewide opposition to the Real ID Act. 4:00:07 PM KEVIN BROOKS, DEPUTY COMMISSIONER, DEPARTMENT OF ADMINISTRATION, referenced inclusion of "solely", which the Department supports. The State of Alaska does not have the funding to implement the Real ID Act. The federal government did issue the final rules based on the best practices for states and each state was included in determining what their best practices are. He recommended that using a digital photo on the driver's license is a good idea. The original wording of the bill raised questions regarding how effective continuation of the State's best practices could be. Representative Gara wanted to know that the intention of the Administration was not to implement the Real ID Act. Mr. Brooks understood that was correct. 4:03:33 PM Representative Kelly clarified that if the Administration planned on changing the intent, they would need to come back before the Legislature. Mr. Brooks said yes. 4:04:20 PM WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF ADMINISTRATION, ANCHORAGE, testified via teleconference, stated that the DMV clearly understands the condition on Real ID and that DMV does not plan on moving forward toward compliance with Real ID. The Division wants to have the ability to use what would be good for Alaska. She indicated support for "solely" remaining in the bill as presented. 4:05:06 PM Representative Gara understood that DMV would want to use laminated photos. He asked Ms. Brewster if the interpretation does not intend to use the same database as shared with the national ID portions of the Real ID Act. Ms. Brewster replied that was correct. 4:05:50 PM KRISTA STEARNS, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE, testified via teleconference, offered to answer questions of the Committee. She noted that inclusion of the word "solely" does advance the ability of the DMV to move forward in providing fraudulent document training to employees. It is a broad term and the discussion has been helpful with regard to true concerns. PUBLIC TESTIMONY CLOSED 4:07:16 PM Representative Foster MOVED to REPORT HCS SB 202 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HCS SB 202(STA) was reported out of Committee with a "do pass" recommendation and with zero note #1 by the Department of Administration. AT EASE: 4:08:32 PM RECONVENE: 4:23:23 PM 4:23:40 PM