HJR 19-OPPOSE FEDERAL ID REQUIREMENTS  10:08:12 AM CHAIR MCGUIRE announced HJR 19 to be up for consideration. [Before the committee was CSHJR 19(STA).] RYNNIEVA MOSS, Staff to Representative Coghill, said the resolution started out being over two pages, but it was cut down to focus on the Tenth Amendment. States have been regulating driver's licenses for well over 100 years. Real I.D. infringes on this right. The thing that bothers Senator Coghill the most is that the federal government will not punish the state for not complying, but will punish the individual at customs or getting on flights. It hurts Alaska and Hawaii more than other state. The resolution tells the federal government that the Real I.D. won't create more secure boundaries, it won't increase the safety of Alaska citizens, and individuals shouldn't be punished for a position the state may take. The Real I.D. Act was put in an appropriations bill and few people who voted on it know what's in it. 10:10:01 AM CHAIR MCGUIRE said this committee is relatively familiar with Real I.D. GREGORY HOLLAUS, Fairbanks, spoke of Nenana ice tickets and feels he is owed money. JOHN BRADING, Fairbanks, said it is disheartening to see the loss of liberty if Real I.D. is implemented and he can see the web it has spun. Instead of iron bars, the code readers will send out an invisible wave surrounding his body and imprisoning people in electronic cells. Real I.D. is an instrument to intimidate law-abiding citizens designed to maneuver the people into servitude leading to bondage. He supports HJR 19. 10:14:41 AM FRANK TOURNEY, Fairbanks, said he supports HJR 19 and thanks Representative Coghill and Senator Wielechowski. Interior city councils and the borough assembly passed resolutions opposing the Real I.D. Act. He asked the committee to explore whether HB 3 could be implemented into HJR 19 and SB 202 without civil liberty infringement. He always supports the military, but all elected official are sworn to protect liberties and freedoms. It is your hands. BRENT RICHIE, Fairbanks, said he supports HJR 19. Real I.D. is an overreaction by the federal government. The nation's security is the responsibility of the military and civilian police. He agrees with the Tenth Amendment argument. The constitution does not give federal power to trump the states' right to issue their own I.D. or driver's licenses. Fiscally it is wrong for the federal government to demand this without providing money. He read a speech by a representative from the Cato Institute who said that the Department of Homeland Security numbers indicate this would cost at least $17 billion. But the estimate of the benefit is only $2.24 billion to $13.1 billion. The Real I.D. Act will cost more than the security benefit. 10:19:01 AM SCHAEFER COX, Fairbanks, said he supports SJR 19 , and asked for an amendment to clarify a presupposition of the constitution and objective moral law. The constitution states that it is the highest law of the land. If that's the case, there is objective moral law, which is the recognition of what already is. On the other hand, arbitrary sociological law is the whim of whoever is dominant at the moment and line 15 appears to validate that. He proposed line 15 be amended to say the legislature "can" wage war on terrorism rather than "should" wage war on terrorism. "It reads 'can' if we have objective moral law and it reads 'should' if we have arbitrary sociological law." He said, "I am proud of you all for being the champion of what once was in America." 10:21:08 AM PATRICK DALTON, Delta Junction, said Real I.D. was on the back of an Iraq funding bill and received no deliberation in the U.S. Senate. Proponents of the Real I.D. said it is not a national I.D. and in a sense it is not. It is global not national. It trashes the right Alaska to privacy, the Fourth Amendment that guarantees no unreasonable searches and seizures without a warrant. It allows every American to be searched without probable cause. The Real I.D. Act also violates religious freedom for many people who literally believe the Bible. Christians are forbidden to submit to a numbering system for the hands and foreheads so this alienates that sector of Christians in America. The light of day is revealing the Real I.D. Act as it really is -- a hallmark of an authoritarian society. In Alaska there is a groundswell of public opposition; two measures were passed at the Republican convention and will be posted as part of the Alaskan Republican Party as of May, 14. 10:24:33 AM KEVIN BROOKS, Deputy Commissioner, Department of Administration (DOA), said that DOA supports HJR 19. It's a state's right issue to implement and maintain rules governing issuance of driver's licenses. The federal government shouldn't impose unfunded mandates. There are many things that make good business sense for the department to do and it tries to strike a balance. SENATOR STEVENS said the National Organization of Legislators and the National Council of State Legislatures have both opposed forcing states to pay but have not taken a strong position on what's been heard today. He asked if he thinks that real I.D. would have stopped the 911 terrorists. MR. BROOKS said his understanding is that the perpetrators held legal U.S. identification that was attained illegally. People who are intent on doing something like that will find a way to do it. Some of the things that can be done, fall in the category of what makes good business sense. That includes using digital photos and training staff to detect fraudulent documents. Whether the actions could have been prevented is speculative. The good business practices that have come about since 911 don't make Alaska altogether compliant with the Real I.D. Act, but they are prudent things the state should do. "But they ought to be our choice to do those." He noted that HB 3, the legal presence bill, helps to tighten things, but doesn't address RF chips or other things that are readable without the individual's knowledge. Again he said it's the job of DMV to strike the balance of things that are a good idea to do without submitting to funded or unfunded mandates. 10:28:41 AM CHAIR MCGUIRE said he and Ms Brewster have been patient on this issue and mindful of the committee's concern about the protection of state rights. There's the overarching goal of protecting the country against terrorism yet national I.D. is onerous and begins to encroach on citizen freedoms and the state rights. WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV), clarified that the Department of Homeland Security is estimating that the cost to implement Real I.D. will be $3.9 billion. With respect to the issue of a requiring a radio frequency chip, the final rule requires a 2d bar code. 10:31:04 AM SENATOR STEVENS moved to report HJR 19 from committee with individual recommendations and attached fiscal note(s). There being no objection, CSHJR 19(STA) moved from committee.