Legislature(2007 - 2008)HOUSE FINANCE 519

02/20/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 3 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. TELECONFERENCED
Heard & Held
+ HB 307 DOMESTIC VIOLENCE OFFENSES TELECONFERENCED
Heard & Held
+ HB 351 CONCEALED HANDGUN PERMIT: FINGERPRINTS TELECONFERENCED
<Bill Hearing Postponed>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 2 CONST.AM:NO GAMING WITHOUT VOTER APPROVAL TELECONFERENCED
Moved CSHJR 2(FIN) Out of Committee
HOUSE BILL NO. 3                                                                                                              
                                                                                                                                
     An Act relating to issuance of identification cards and                                                                    
     to issuance of driver's licenses; and providing for an                                                                     
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE BOB LYNN, SPONSOR,  testified in support of HB
3.  He stated that the bill requires:                                                                                           
                                                                                                                                
   ·    An applicant for an Alaska driver's license to have                                                                     
        a legal presence in the United States (U.S.) and by                                                                     
        extension, a legal presence in the State of Alaska.                                                                     
   ·    The legislation makes a license expire when the                                                                         
        legal presence in Alaska State expires.                                                                                 
                                                                                                                                
Representative Lynn  pointed out that HB 3  offers safeguards                                                                   
that will insure  that Alaska license or  identification (ID)                                                                   
card holders are  who they say they are.  He  emphasized that                                                                   
the  bill  is not  the  Federal  Real  ID  Act.   The  Alaska                                                                   
Division of  Motor Vehicles (DMV)  has the statutory  mandate                                                                   
to determine if  an applicant has the necessary  documents to                                                                   
receive a license.   He urged the Committee's  support of the                                                                   
bill.                                                                                                                           
                                                                                                                                
3:08:34 PM                                                                                                                    
                                                                                                                                
DUANE BANNOCK, SELF, spoke in  favor of HB 3.  He claimed the                                                                   
bill  is about  the Alaska  Statutes  mandating that  illegal                                                                   
aliens are not  allowed to obtain or have an  Alaska driver's                                                                   
license or  identification card  (ID).  It  is not  about the                                                                   
national  databases,  tracking   chips,  a  gun  registry  or                                                                   
constitutional rights protecting  free travel or privacy.  He                                                                   
stated  that through  the  drafting and  committee  hearings,                                                                   
there has  been meaningful discussion  on good  public policy                                                                   
of the proposed legislation.                                                                                                    
                                                                                                                                
3:11:32 PM                                                                                                                    
                                                                                                                                
Representative Hawker requested  Mr. Bannock's qualifications                                                                   
for the record.   Mr. Bannock explained he  had testified for                                                                   
himself; however, indicated he  had served as the Director of                                                                   
the  Division  of Motor  Vehicles  from 2003-2007.    Through                                                                   
various  versions, the  bill  has been  a  piece of  priority                                                                   
legislation and the Senate companion bill passed in 2006.                                                                       
                                                                                                                                
Co-Chair Meyer  wondered if the  bill as written  would bring                                                                   
Alaska   into  compliance   with   provisions  and   security                                                                   
requirements  of  the  Federal  Real  ID Act.    Mr.  Bannock                                                                   
responded that is  partially true, noting that  last year, he                                                                   
had testified in the House Judiciary  Committee on that point                                                                   
& as  defined under the  Real ID Act,  legal presence  is the                                                                   
tenant  of real  identification.   HB 3  is drafted  to be  a                                                                   
legal  presence bill;  however, the  "grandfather" clause  is                                                                   
missing  from the  proposed bill.   Under  HB 3,  there is  a                                                                   
presumptive clause  in which the  person is presumed  to have                                                                   
met  the test  if  they  currently  have an  Alaska  driver's                                                                   
license and that is not consistent  with federal regulations,                                                                   
mandating  every driver's  license  be renewed.    When HB  3                                                                   
becomes law,  for Alaska to  become fully Real  ID compliant,                                                                   
the measure  will require  another legislative visitation  to                                                                   
the statute.                                                                                                                    
                                                                                                                                
3:15:28 PM                                                                                                                    
                                                                                                                                
MATTHEW KERR, SELF, testified  against HB 3.  He acknowledged                                                                   
that although the  bill does not fulfill 100%  of the Federal                                                                   
Real  ID  Act,  the  bill's  language  is  very  close.    He                                                                   
acknowledged that most Alaskans  probably support the illegal                                                                   
presence requirements, however, oppose the Real ID Act.                                                                         
                                                                                                                                
Mr.  Kerr pointed  out  that Alaska  already  has an  illegal                                                                   
presence requirement  in regulation.   The net result  of the                                                                   
bill allows the State to implement  the Real ID Act, which is                                                                   
why he opposes the bill.                                                                                                        
                                                                                                                                
Mr. Kerr  continued, as  the bill is  written, it  will cause                                                                   
potential  problems   for  those  people  that   are  legally                                                                   
residing here and  have little  affect on those that are not.                                                                   
Illegal  residents  will  not   be  deterred  by  a  driver's                                                                   
license.   If the  bill is intended  to pass, he  recommended                                                                   
changes to be made to preserve the intent.                                                                                      
                                                                                                                                
   ·    It is possible to copy the existing legal presence                                                                      
        regulation into statute, which would require a legal                                                                    
        presence with no Real ID issues and costing nothing.                                                                    
   ·    It is possible to be legally present in the United                                                                      
        States without  being  in possession  of  documentary                                                                   
        evidence.     The  U.S. Immigration  Service  is  not                                                                   
        known   for   efficiency,   good   communication   or                                                                   
        expedience.   He  proposed  that  a grace  period  be                                                                   
        added to the bill.                                                                                                      
   ·    It is important to clarify that the license expires                                                                     
        on the end of someone's legal status or on the                                                                          
        expiration date of their visa, whichever is later.                                                                      
        Visa validity and legal status are different terms                                                                      
        under Immigration Law.                                                                                                  
   ·    Those citizens from certain countries that qualify                                                                      
        to enter the country under the federal visa waiver                                                                      
        program, should be exempt from the regulations.                                                                         
                                                                                                                                
Mr. Kerr concluded that even though  the bill is not the Real                                                                   
ID Act, the only required statute  change needed could permit                                                                   
the Real  ID Act to be implemented.   He reiterated  there is                                                                   
already  a legal  presence  requirement  in regulation.    He                                                                   
added there are  necessary changes needing to be  made in the                                                                   
bill to prevent  causing trouble for people  that are legally                                                                   
present.                                                                                                                        
                                                                                                                                
3:20:23 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked about Mr.  Kerr's comments regarding the                                                                   
ability  to  accomplish  the   legislation's  intent  through                                                                   
regulations.  Mr. Kerr pointed  out, there is an existing DMV                                                                   
regulation  that requires  someone applying  for an  original                                                                   
license, have legal  presence in the United States.   That is                                                                   
current existing practice.                                                                                                      
                                                                                                                                
Co-Chair  Meyer  asked  if someone  applied  for  a  driver's                                                                   
license and had only a one year  visa, would their license be                                                                   
good for the full five years.   Mr. Kerr explained that there                                                                   
is a difference  between the visa  and a legal presence.   If                                                                   
they have a one  year visa with a 30-day entry  period, under                                                                   
HB  3,  their  license  would  be  valid  for  30-days.    He                                                                   
recommended language  be clarified if the bill  were to pass,                                                                   
the  expiration  date  be  set  to either  the  visa  or  the                                                                   
expiration date, whichever is greater.                                                                                          
                                                                                                                                
Co-Chair Chenault  asked why a  person would have a  one year                                                                   
visa  when  they have  only  a  30-day  limit  to be  in  the                                                                   
country.    Mr.   Kerr  explained  that  a   visa  under  the                                                                   
Immigration Law provides permission to enter the U.S.                                                                           
                                                                                                                                
Co-Chair  Chenault  inquired why  immigration  service  would                                                                   
allow someone  to come into  the country  on the last  day of                                                                   
their visa  and then  provide them a  30-day extension.   Mr.                                                                   
Kerr clarified that would not  be an extension.  He explained                                                                   
that foreign  students typically  receive a  visa for  one or                                                                   
two  years, although  they are  permitted to  stay until  the                                                                   
completion of  their four year  program.  Under  U.S. Federal                                                                   
law, the  visa document  is permission to  apply to  the U.S.                                                                   
The  actual date  of  the legal  presence  is  decided by  an                                                                   
immigration officer at the port of entry.                                                                                       
                                                                                                                                
3:23:44 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault asked  how it  would be  addressed when  a                                                                   
student comes  to U.S. for  four years  and they only  have a                                                                   
two year visa.  Mr. Kerr replied  that would not be the case.                                                                   
The  document  that  establishes  the  legal  presence  as  a                                                                   
foreign student is granted by  the university [I-20 form] and                                                                   
as long  as the student  remains enrolled at  the university,                                                                   
they are  permitted  to stay in  the U.S.  without a  current                                                                   
visa, although if the student  departs from the country, then                                                                   
they  would have  to reapply  for a  new visa  to be able  to                                                                   
return.                                                                                                                         
                                                                                                                                
3:25:04 PM                                                                                                                    
                                                                                                                                
LISA  DONNELLEY, (TESTIFIED  VIA  TELECONFERENCE),  ATTORNEY,                                                                   
ANCHORAGE, spoke in  opposition to HB 3.  She  noted that she                                                                   
is an immigration attorney in  Anchorage.  She commented that                                                                   
many of her clients are businesses  in Anchorage that sponsor                                                                   
foreign workers but indicated  that she was not testifying on                                                                   
behalf of  those clients.   She echoed  comments made  by Mr.                                                                   
Kerr.                                                                                                                           
                                                                                                                                
Ms. Donnelley  explained  the difference  between a visa  and                                                                   
legal status.   A visa is a document that allows  a person to                                                                   
make an  application for  admission into  the United  States.                                                                   
Once at  the port of entry,  the U.S. Department  of Homeland                                                                   
Security determines  how long a person is allowed  to stay in                                                                   
the country.   Upon expiration of the status,  the person may                                                                   
apply for an  extension, which could take up  to seven months                                                                   
to receive.   During  that waiting time,  the person  may not                                                                   
have any documents  to verify that they have  legal status in                                                                   
this country.   In  many cases,  it is  the employer  that is                                                                   
filing  the   document  of  application   of  status.     She                                                                   
emphasized  that the  bill could  have an  adverse effect  on                                                                   
legal  immigrants  and employers.    She advised  the  bill's                                                                   
verbiage is imprecise and ambiguous  when it refers to visas.                                                                   
Visas are not an indicator of legal status.                                                                                     
                                                                                                                                
Ms. Donnelley  pointed out  that the bill  fails to  list all                                                                   
the classes  of aliens  who should  be entitled  to obtain  a                                                                   
drivers license.   She mentioned  "withholding of  removal" ,                                                                   
granted by an  immigration judge to someone who  is likely to                                                                   
be  persecuted if  returned  to their  home  country.   These                                                                   
people are  not included in the  list.  They are  entitled to                                                                   
indefinitely reside in the U.S.                                                                                                 
                                                                                                                                
Co-Chair Chenault asked if he  understood correctly that U.S.                                                                   
Department  of Homeland  Security determines  who is  legally                                                                   
able to enter the U.S.  Ms. Donnelly said yes.                                                                                  
                                                                                                                                
Co-Chair Chenault asked about  the I-20 forms.  Ms. Donnelley                                                                   
explained  that  an I-20  form  is  the  form issued  by  the                                                                   
university to  the foreign student.  Co-Chair  Chenault asked                                                                   
if at the point that the I-20  form is completed and approved                                                                   
by the university, would the university  control how long the                                                                   
visa lasts rather  than the Department of  Homeland Security.                                                                   
Ms. Donnelly  responded,  it is more  complicated than  that.                                                                   
The I-20  form is  issued by  the university  and allows  the                                                                   
student to  apply for  the visa.   Once the student  receives                                                                   
the visa,  they can then  apply for admission  into U.S.   At                                                                   
that point,  the Department of  Homeland Security  will admit                                                                   
them into the U.S. for usually,  the duration of that status.                                                                   
The I-20 form normally stipulates  the length of the program,                                                                   
providing a 60-day grace period.                                                                                                
                                                                                                                                
3:30:17 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,  stated the Administration  is supportive  of                                                                   
efforts  to  pass  HB  3.   He  noted  it  provides  DMV  the                                                                   
flexibility  to  issue a  driver's  license with  a  flexible                                                                   
termination date.  He added that  the regulations attached to                                                                   
the  Real  ID  Act  as issued  in  January  2008,  carries  a                                                                   
component for a  legal presence.  The bill in  and of itself,                                                                   
does not make the  State compliant with the Real  ID Act.  He                                                                   
noted  that the  Department has  submitted a  request for  an                                                                   
extension  and received  approval  of that  through  December                                                                   
  st                                                                                                                            
31,  2009, as it relates to the  entirety of the Federal Real                                                                   
ID Act.                                                                                                                         
                                                                                                                                
Co-Chair  Meyer asked  if that  was the target  date for  the                                                                   
State to be in compliance with  the Act.  Mr. Brooks imagined                                                                   
that there  could be  another opportunity  for an  extension,                                                                   
however, to obtain  a second extension, the  State would have                                                                   
to  be in  substantial compliance  and  working toward  final                                                                   
compliance.                                                                                                                     
                                                                                                                                
Co-Chair  Meyer  asked  if  the  bill  places  the  State  in                                                                   
compliance.  Mr. Brooks responded  that the legislation makes                                                                   
sense and  that it  had been  offered in  2003, prior  to the                                                                   
Real ID Act of 2005.                                                                                                            
                                                                                                                                
3:33:49 PM                                                                                                                    
                                                                                                                                
HB 3 was HELD in Committee for further consideration.                                                                           

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