Legislature(2007 - 2008)CAPITOL 120
04/23/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB3 | |
| HB164 | |
| HJR7 | |
| HB213 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 194 | TELECONFERENCED | |
| += | HJR 7 | TELECONFERENCED | |
| += | HB 213 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 164 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
HB 3 - REQUIREMENTS FOR DRIVER'S LICENSE/I.D. 1:09:39 PM CHAIR RAMRAS announced that the first order of business would be 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." 1:11:06 PM DIRK MOFFATT, Staff to Representative Bob Lynn, Alaska State Legislature, sponsor, relayed on behalf of Representative Lynn that Section 1 of HB 3 conforms AS 18.65.310(a) to allow the validity period of an identity (ID) card to be longer or shorter than the standard five-year validity period. Section 2 amends AS 18.65.310(g) to require an eight-year validity period for an ID card issued to a person 60 years of age or older. Section 3 creates new subsections (h) and (i) in AS 18.65.310 referencing legal presence and validity dates. Subsection (h) requires proof that an applicant for an ID card is a citizen or a legal resident of the United States. Subsection (i) allows an ID card to be issued to a temporary resident of the United States under certain circumstances; requires a temporary resident to present documentation in person; requires the ID's expiration date to match the expiration date on the U.S. government's temporary resident document; requires an ID to expire one year from the date of issue when an applicant has indefinite temporary status; allows IDs to be renewed with documentary evidence that the U.S. government has extended the applicant's stay; and provides that the department may regulate what constitutes valid, documentary evidence for an ID card except it cannot approve matricula consular cards. MR. MOFFATT, in response to a question, explained that matricula consular cards are cards that have a lot of fraud associated with them even though they are issued through Mexico's consulates or embassies. REPRESENTATIVE LYNN, speaking as the sponsor of HB 3, relayed that matricula consular cards, typically issued by the Mexican government, basically say that the holder has that government's permission to be in the United States. MR. MOFFATT explained that Section 4 amends AS 28.15.031(b)(1) to prohibit the issuance of a driver's license to a person whose privilege to drive has been canceled or who is disqualified from obtaining a license, and creates a new paragraph (8) with subparagraphs (A) and (B) referencing legal presence and validity dates. Subparagraph (A) prohibits the issuance of a driver's license to a person who has not presented proof that he/she is a citizen or legal resident of the United States; exempts a person with an Alaska driver's license from the proof requirements as long as the license has not expired or been canceled, suspended, or revoked and the person has not been disqualified from obtaining a license, or unless the department is notified by a government agency that the person is not a citizen or legal resident; and provides that the department may regulate what constitutes valid, documentary evidence for driver's license except it cannot approve matricula consular cards. MR. MOFFATT relayed that subparagraph (B) allows a driver's license to be issued to a temporary resident of the United States under certain circumstances; requires the applicant to present documentation in person; prohibits license renewal without proof that temporary status has been extended by the U.S. government; prohibits a name change unless the name change corresponds to the U.S. government's authorizing documents; prohibits the issuance of a duplicate license without proof that temporary status is still valid and in effect; and provides that the department may regulate what constitutes valid, documentary evidence for a driver's license except it cannot approve matricula consular cards. Section 5 conforms [AS 28.15.101(a)] to allow the validity period of a driver's license to be shorter than the standard five-year validity period. MR. MOFFATT explained that Section 6 creates a new subsection (d) in AS 28.15.101 that requires a driver's license expiration date to match the expiration date on the U.S. government's temporary resident document, and provides that the license must expire one year from the date of issue when an applicant has indefinite temporary status. Section 7 provides for a January 1, 2008, effective date. MR. MOFFATT, in response to a question, confirmed that language in proposed AS 28.15.031(b)(8)(A) addresses those seeking a legal name change due to marriage or divorce. 1:19:21 PM DUANE BANNOCK, Director, Division of Motor Vehicles (DMV), Department of Administration (DOA), in response to questions, relayed that Sections 1-3 specifically address ID cards, and that HB 3 is designed to address those people who are not able establish that they are legally in the U.S. or who have stayed longer than they have been approved for. "We don't want them to have a driver's license or identification card," he added. In response to further questions, he acknowledged that although a driver's license is meant to indicate that a person has sufficient knowledge and skill to drive a car and is physically able to do so, it is more often used for non-driving purposes; offered his understanding that the Transportation Security Administration (TSA) publishes information regarding what documents can be used to satisfy its requirements; and confirmed that driver's licenses are probably the most official photo ID that people carry, adding that they are probably the most common document used at airports. REPRESENTATIVE GRUENBERG, after mentioning that he's provided members with a couple of proposed amendments, noted that the federal REAL ID Act of 2005 requires documents showing a place of residence, and asked how people in rural Alaska ought to list their addresses given that in some areas there are no street addresses. MR. BANNOCK characterized that topic as being outside the purview of the bill. REPRESENTATIVE GRUENBERG noted that under the bill, people seeking driver's licenses or ID cards must come into the DMV office and show their documentation in person. He asked how people living in Alaska's remote locations are expected to comply with that provision. MR. BANNOCK, after noting that the DMV has an existing network of offices, explained that existing statute provides for the issuance of a specific type of [license or ID card] that he called, "Valid Without Photo," adding that many people from outlying areas of the state take advantage of that program. An applicant of such a license mails his/her documents to the DMV, which processes them and then mails back a license that doesn't contain a photograph of the person. House Bill 3 will not alter that statute. MR. BANNOCK, in response to a question, offered his understanding that when people who live in rural areas of the state travel to the bigger towns, one of their purposes for doing so is to acquire a driver's license or ID card that does contain their photograph. In response to other questions, he explained that existing law requires a person whose license has been expired for longer than a year to retake the written exam; and that under HB 3, anyone seeking to have an expired license renewed will have to present other documentation verifying his/her identity even if the license has only been expired for a brief time; and that the bill provides an exemption from its documentation requirements for those seeking to get their license renewed as long as their existing license has not expired. REPRESENTATIVE HOLMES mentioned that that exemption language is located on page 3, [lines 18-22]. MR. BANNOCK added that under existing statute, a person is allowed to renew his/her license up to a year in advance of the expiration date. In response to questions, he explained that currently, someone with an expired license seeking license renewal needn't present further documentation. CHAIR RAMRAS expressed disfavor with the concept of requiring a person with an expired driver's license to present additional documentation, characterizing that requirement as an unfair burden on rural Alaskans. He indicated that the bill would not be moving from committee until that issue is addressed. 1:35:17 PM REPRESENTATIVE GRUENBERG pointed out, too, that under the REAL ID Act of 2005, if the person living in rural Alaska has an expired license, he/she won't even be able to board the plane in order to come into an urban center and get his/her license renewed. He concurred, therefore, that this provision does need to be corrected. REPRESENTATIVE HOLMES asked how long the DMV intends to store the required documents, and how it intends to store them. MR. BANNOCK, noting that HB 3 does not address those issues, indicated that the DMV intends to store electronic versions of those documents but hasn't begun the process of doing so. In response to a question, he offered his understanding that 40 other states already "practice legal presence." In response to a further question, he offered his understanding that the REAL ID Act of 2005 requires electronic copies of documents to be stored seven years and photocopies of documents to be stored ten years. CHAIR RAMRAS asked Mr. Bannock to work with the sponsor to address members' concerns regarding the bill's potential detrimental impact on rural Alaskans. REPRESENTATIVE LYNN, acknowledging that Alaska has unique demographics, agreed to address that issue. REPRESENTATIVE GRUENBERG expressed a desire to inform the Bush caucus of HB 3's potential ramifications. In response to a comment, he indicated that he would not yet be offering his aforementioned proposed amendments. CHAIR RAMRAS relayed that HB 3 would be set aside.
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