Legislature(2013 - 2014)CAPITOL 120

02/04/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 212 DRIVER'S LICENSING EXEMPTION: MILITARY TELECONFERENCED
Heard & Held
*+ HJR 19 BASE F-35 AIRCRAFT AT EIELSON AFB TELECONFERENCED
Moved CSHJR 19(MLV) Out of Committee
         HB 212-DRIVER'S LICENSING EXEMPTION: MILITARY                                                                      
                                                                                                                                
2:04:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  announced the final  order of business  would be                                                               
HOUSE BILL NO. 212, "An Act  relating to an exemption from driver                                                             
licensing  requirements  for  spouses  of members  of  the  armed                                                               
forces of the United States."                                                                                                   
                                                                                                                                
2:04:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON,  Alaska State Legislature, informed                                                               
the committee  HB 212 is  an affirmation of Alaska's  concern for                                                               
its military.  He explained  that every year hundreds of military                                                               
members come to Alaska as part  of their honorable service to our                                                               
country, and  many of these  brave men and women  are accompanied                                                               
by their  spouses.   While living in  Alaska, many  spouses would                                                               
like to  retain their address in  their home state.   By law, any                                                               
new individual  moving to Alaska  must surrender  their residence                                                               
in another state within 90 days  of arrival in order to obtain an                                                               
Alaska  driver's license;  although members  of the  military are                                                               
exempt  from this  requirement, their  spouses are  not exempted.                                                               
Alaska  is  a military-friendly  state  and  it values  not  only                                                               
military members, but  also their families, thus it  should be of                                                               
great  importance  to  Alaskans  to make  the  military  members'                                                               
transition  away from  home  as easy  as  possible.   Thirty-nine                                                               
other  states  already  exempt  the  military  member  and  their                                                               
spouses from this requirement.   Included in the committee packet                                                               
were  at least  four messages  of support  from military  spouses                                                               
living in Alaska.   Representative Isaacson said the  bill is not                                                               
a free  driver's license  in that  the spouse  must have  a valid                                                               
driver's license issued  by another state.  He  stressed that the                                                               
bill does  not cover dependents  of military  members; dependents                                                               
would  still be  required to  obtain an  Alaska driver's  license                                                               
from   the   Division   of    Motor   Vehicles,   Department   of                                                               
Administration.  Furthermore, the bill  does not request a change                                                               
to the  Alaska State  Constitution, or make  an amendment  to the                                                               
constitution    related   to    the    definition   of    spouse.                                                               
Representative Isaacson  paraphrased from the  sectional analysis                                                               
as follows:                                                                                                                     
                                                                                                                                
     or, if  a member spouse  is 18  years of age  or older,                                                                    
     the  spouse of  a member  of  the armed  forces of  the                                                                    
     United States  who has a valid  driver's license issued                                                                    
     by another jurisdiction                                                                                                    
                                                                                                                                
                                                                                                                                
2:08:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  told  two  stories of  how  spouses  of                                                               
deployed  military members  were  greatly  inconvenienced by  the                                                               
circumstances that HB 212 seeks to  change.  Alaska does not want                                                               
to  convey  a  negative  message   to  members  of  the  military                                                               
stationed here; in fact, the  committee sponsoring the bill wants                                                               
to ensure that  - following the lead of  thirty-nine other states                                                               
- if  a spouse  is in Alaska  due to a  military member  they are                                                               
entitled to the same privilege as  the member.  He urged for full                                                               
support of the bill.                                                                                                            
                                                                                                                                
CO-CHAIR LEDOUX  inquired as to why  a spouse who is  16 years of                                                               
age,  and who  has  a  valid license  in  another  state, is  not                                                               
subject to the same rule as a spouse who is 18 years of age.                                                                    
                                                                                                                                
2:11:46 PM                                                                                                                    
                                                                                                                                
AMY ERICKSON,  Director, Division  of Motor  Vehicles, Department                                                               
of Administration, explained  that an individual 16  years of age                                                               
could get  a provisional license.     In further response  to Co-                                                               
Chair LeDoux, she  said a provisional license is issued  to a 16-                                                               
year-old, which they  hold until they are 18 years  old, and have                                                               
obtained the required 40 hours  of driving experience that allows                                                               
them to graduate to the next level of license.                                                                                  
                                                                                                                              
REPRESENTATIVE ISAACSON  added that  a spouse  must have  a fully                                                               
certified driver's  license from another  state.  At 18  years of                                                               
age, Alaska would  remove the provisional basis  from the license                                                               
and  grant  the  same  privilege  of  accepting  another  state's                                                               
license.                                                                                                                        
                                                                                                                                
2:12:52 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON, in response to  Co-Chair LeDoux's question, advised                                                               
that  other states  do  have provisional  licenses,  but she  was                                                               
uncertain whether all states do so.                                                                                             
                                                                                                                                
CO-CHAIR   LEDOUX  posed   a  theoretical   question  about   the                                                               
possibility  of giving  the 16-year-old,  who  has a  provisional                                                               
license from his or her home  state, the same kind of license, or                                                               
letting him/her drive under the  same circumstances as they could                                                               
drive in their home state.                                                                                                      
                                                                                                                                
MS. ERICKSON stated  the division's intent is  to stay consistent                                                               
with Alaska  driving laws, because  it does not  necessarily know                                                               
the laws of other states.                                                                                                       
                                                                                                                                
2:14:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  clarified that there are  rules associated                                                               
with   provisional  licenses   that   might  not   be  true,   or                                                               
transferable, in other states with provisional licenses.                                                                        
                                                                                                                                
REPRESENTATIVE  ISAACSON emphasized  the  bill  does not  include                                                               
dependents as it is the  sponsors' intention for individuals with                                                               
a  fully accredited  driver's license  from another  state to  be                                                               
able to  transfer that  license to  Alaska.   He opined  the best                                                               
procedure is for  the bill to apply to individuals  who are fully                                                               
certified by their state, and that did not include dependents.                                                                  
                                                                                                                                
CO-CHAIR LEDOUX  said her question  applied to a  military spouse                                                               
who is  16 years  old.   She expressed her  belief that  if there                                                               
were  a  feasible  way  to  include  these  -  relatively  few  -                                                               
individuals, "it would be nice to do so."                                                                                       
                                                                                                                                
REPRESENTATIVE  ISAACSON  acknowledged  that  "whenever  we  make                                                               
something that's a  benefit for some, we won't make  it a benefit                                                               
for  all."     He stressed  that  the bill  would  help the  vast                                                               
majority  of spouses,  but not  all  in every  situation such  as                                                               
those 16 years of age, or  those in a homosexual relationship who                                                               
are recognized  as a spouse in  another state.  The  intent is to                                                               
create equal protection and equal  coverage according to the laws                                                               
in Alaska,  and to make the  coverage as broad and  applicable as                                                               
possible,  within certain  parameters.   Representative  Isaacson                                                               
concluded that  HB 212 will  give the greatest number  of spouses                                                               
the same benefit as their family member.                                                                                        
                                                                                                                                
2:17:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  thanked  the sponsor  for  bringing  this                                                               
forward as she  has children who have served in  the military; in                                                               
fact, her  daughter experienced similar challenges  while serving                                                               
overseas.   She also  expressed her  belief that  commanders will                                                               
view  this change  as  an  example that  Alaska  continues to  be                                                               
military-friendly, and she stated her support for the bill.                                                                     
                                                                                                                                
CO-CHAIR  LEDOUX agreed  with  the previous  speaker.   She  then                                                               
pointed  out that  supporting documents  in the  committee packet                                                               
indicate that other states have  the same rule applying to family                                                               
members  and   asked,  "...  have  you   considered  making  this                                                               
available to  dependents also who  are over  the age of  18 years                                                               
old?"                                                                                                                           
                                                                                                                                
REPRESENTATIVE  ISAACSON   said  yes.     However,   he  received                                                               
sufficient [negative] feedback due  to the more difficult driving                                                               
conditions in Alaska, and thus limited the bill to spouses.                                                                     
                                                                                                                                
REPRESENTATIVE  SADDLER  questioned  whether testimony  has  been                                                               
heard from  the Permanent Fund  Dividend Division,  Department of                                                               
Revenue,  on  the  bill's  effect  on  dividend  eligibility  for                                                               
spouses of military members.                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON expressed his  understanding that "one of                                                               
the proofs of  ... residency is that you show  intent to stay and                                                               
that is demonstrated by getting an Alaska driver's license ...."                                                                
                                                                                                                                
MS. ERICKSON deferred to the Permanent Fund Dividend Division.                                                                  
                                                                                                                                
2:21:28 PM                                                                                                                    
                                                                                                                                
DAN  DEBARTOLO,  Director,   Permanent  Fund  Dividend  Division,                                                               
Department of  Revenue (DOR), responded that  eligibility for the                                                               
permanent  fund dividend  (PFD) is  "highly situational,  and all                                                               
depends on  an individual's residency  situation."  If it  is the                                                               
intent of  a military  spouse to become  a permanent  resident of                                                               
Alaska and receive  the PFD, the division  considers obtaining an                                                               
Alaska driver's license  to be very important.   If an individual                                                               
makes  a  conscious choice  not  to  receive an  Alaska  driver's                                                               
license that  choice will  certainly make  it more  difficult for                                                               
the  division  to  prove  the applicant's  intent  to  become  an                                                               
Alaskan  and  receive the  PFD.    Moreover,  in  the case  of  a                                                               
military spouse,  the division often  finds that  the applicant's                                                               
primary  residence,  automobiles,  and  possessions  are  in  the                                                               
military  member's name,  thus  one  of the  few  "ties" for  the                                                               
spouse  is  the  Alaska  driver's license.    Without  an  Alaska                                                               
driver's  license,  he  remarked,  "The  burden  of  proof  would                                                               
certainly increase on the military spouse."                                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER cautioned that  the bill carries a benefit                                                               
for military families  in certain circumstances, but  it puts the                                                               
PFD at some risk.                                                                                                               
                                                                                                                                
REPRESENTATIVE ISAACSON  disagreed, noting that if  an individual                                                               
intends  to stay  in Alaska,  he or  she would  get their  Alaska                                                               
driver's  license.    He  cited  his  personal  experience  while                                                               
serving in  the military, and  remarked, "So, if  someone, again,                                                               
is volunteering  to do this  program they have to  recognize that                                                               
what they're saying is that their home of record is not Alaska."                                                                
                                                                                                                                
REPRESENTATIVE  HUGHES inquired  whether  there was  any type  of                                                               
orientation   available   to   military   families   to   provide                                                               
information related to the PFD and other issues.                                                                                
                                                                                                                                
MR. DEBARTOLO  stated that the  division and DOR seek  to educate                                                               
military families specifically about  permanent fund dividend and                                                               
child  support issues.   In  fact, the  division has  been making                                                               
efforts throughout  the state to share  information regarding its                                                               
programs  and, if  the  bill passes,  the  division would  ensure                                                               
those affected are aware.                                                                                                       
                                                                                                                                
2:26:00 PM                                                                                                                    
                                                                                                                                
TIM   JONES,  Chairman,   Military  Affairs   Committee,  Greater                                                               
Fairbanks  Chamber of  Commerce,  speaking as  a former  Garrison                                                               
Commander, informed the committee he  was not aware of any formal                                                               
training targeted  at the  PFD, however,  it is  understood among                                                               
military members  that receiving the  PFD proves one's  intent to                                                               
remain in Alaska;  in fact, general knowledge  among the military                                                               
is that if  an individual wants to request a  PFD it is necessary                                                               
to become an  Alaska resident, and to do that  an Alaska driver's                                                               
license is required.  Mr.  Jones opined a military service member                                                               
and spouse would not make different choices in this regard.                                                                     
                                                                                                                                
CO-CHAIR LEDOUX asked who prepared  the supporting document found                                                               
in the  committee packet entitled, "Driver's  License Information                                                               
Page for Active Duty Members."                                                                                                  
                                                                                                                                
2:27:53 PM                                                                                                                    
                                                                                                                                
NATHAN  SOLORIO,  Intern,  Representative Doug  Isaacson,  Alaska                                                               
State  Legislature, in  response  to Co-Chair  LeDoux, stated  he                                                               
researched online to determine what  driver's license laws are in                                                               
other  states,  and  prepared the  Driver's  License  Information                                                               
Page.                                                                                                                           
                                                                                                                                
CO-CHAIR LEDOUX described a scenario  where an individual arrives                                                               
in Alaska  and establishes  residency to qualify  for the  PFD by                                                               
registering  to vote.    She asked  whether  an individual  could                                                               
register to  vote in one  state and  continue to have  a driver's                                                               
license from another state.                                                                                                     
                                                                                                                                
MR. DEBARTOLO related  that the division is  often presented with                                                               
inconsistent  actions;  however,   inconsistencies  work  against                                                               
applicants  as the  division gathers  information.   The division                                                               
weighs a myriad  of factors such as benefits  and exemptions from                                                               
another  state, or  moving  expenses.   In  response to  Co-Chair                                                               
LeDoux,  he  said the  dividend  application  form does  not  ask                                                               
whether an applicant has a driver's license in another state.                                                                   
                                                                                                                                
2:31:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES expressed her belief  that for a citizen to                                                               
vote  in  a  presidential  election  one  does  not  need  to  be                                                               
registered to vote,  but only to show proof of  citizenship.  She                                                               
asked  the  bill's  sponsor  whether  possession  of  a  driver's                                                               
license from  another state is  sufficient in Alaska to  vote for                                                               
president and vice-president.                                                                                                   
                                                                                                                              
REPRESENTATIVE  ISAACSON  said  his  understanding  is  that  the                                                               
individual  would get  an absentee  ballot from  their state,  or                                                               
submit a questioned  ballot at any location  with the appropriate                                                               
proof.                                                                                                                          
                                                                                                                                
REPRESENTATIVE HUGHES requested confirmation.                                                                                   
                                                                                                                                
REPRESENTATIVE ISAACSON  offered to provide a  definitive answer;                                                               
however, one in that situation would  not be affected by the bill                                                               
because their voting ability would  be determined by the Division                                                               
of Elections,  Office of  the Lieutenant  Governor.   He stressed                                                               
that HB  212 would only allow  [the spouse of a  military member]                                                               
to retain  their home  of record elsewhere.   Conversely,  if the                                                               
spouse  prefers to  become an  Alaska resident  and the  military                                                               
member does  not, the spouse  is still  free to obtain  an Alaska                                                               
driver's license within  90 days.  In  response to Representative                                                               
Hughes, Representative Isaacson said  all members of the military                                                               
in Alaska can vote for president.                                                                                               
                                                                                                                                
2:35:16 PM                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG questioned  whether the state government                                                               
- by paper or online -  provides a way of advising individuals of                                                               
the potential  consequences of their  actions; for  example, when                                                               
applying  for a  PFD.   He  warned that  these  actions may  have                                                               
serious  legal  and  financial ramifications  for  an  uninformed                                                               
family.                                                                                                                         
                                                                                                                                
MR. DEBARTOLO, speaking  on behalf of his  division, informed the                                                               
committee  the  division uses  its  web  site as  an  information                                                               
portal to  determine the most complicated  eligibility decisions.                                                               
However,  "the cause  and effect  relationship ...  mechanism" is                                                               
not on  the web site.   He said the division  has been increasing                                                               
its  military  outreach through  a  new  form entitled  "Military                                                               
Information Form,"  which is provided when  an applicant declares                                                               
a military  absence and  explains how far  back they  must retain                                                               
their records.   He cautioned that the effects of  House Bill 52,                                                               
passed  in   the  Twenty-Eighth   Legislature,  and   related  to                                                               
allowable  absences, "can  hit military  the hardest,  if they're                                                               
not aware ...."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG   offered  to  explore  the   need  for                                                               
legislation  directing  a  department   to  [develop  a  program]                                                               
guiding residents on their eligibility  for the PFD.  He observed                                                               
that  providing  such  information  may  alert  an  applicant  to                                                               
possible consequences.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ISAACSON responded  positively to  Representative                                                               
Gruenberg's proposal.                                                                                                           
                                                                                                                                
2:40:18 PM                                                                                                                    
                                                                                                                              
REPRESENTATIVE  SADDLER  referred   to  the  supporting  document                                                               
entitled, "Driver's  License Information" found in  the committee                                                               
packet.   He pointed out that  in Alaska the home  state driver's                                                               
license is  honored until 90  days after an active  duty military                                                               
member  is  discharged,  and  asked   Ms.  Erickson  whether  the                                                               
proposed  legislation  directs  that  the  exemption  for  family                                                               
members would also expire after said discharge.                                                                                 
                                                                                                                                
MS. ERICKSON responded that applies  to a military member who was                                                               
out-of-state.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER asked  Ms. Erickson if she  could cite the                                                               
relevant statute and there was no response.                                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON said the  sectional analysis found in the                                                               
committee  packet  identifies  the  relevant statute.    He  then                                                               
clarified that if  a spouse remains in Alaska  after the military                                                               
member is discharged  the exemption no longer  applies, and state                                                               
law  requires that  a driver  must apply  for an  Alaska driver's                                                               
license after 90 days.                                                                                                          
                                                                                                                                
2:42:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER opened public testimony on HB 212.                                                                              
                                                                                                                                
2:42:25 PM                                                                                                                    
                                                                                                                                
TIM  JONES, Army  Colonel Ret.,  informed the  committee he  is a                                                               
former Garrison  Commander at Fort  Wainwright, and  is currently                                                               
the  chairman   of  the   Military  Affairs   Committee,  Greater                                                               
Fairbanks Chamber of Commerce (Fairbanks  Chamber).  He expressed                                                               
his support of  HB 212, saying this legislation  is long overdue.                                                               
The Soldiers' and Sailors' Civil  Relief Act (SSCRA) has provided                                                               
this protection  for active  duty military  but, as  pointed out,                                                               
the spouses have not received that  coverage.  He relayed his and                                                               
his wife's personal experiences while  he was serving in the Army                                                               
for  27 years.    Regarding concerns  about  military members  or                                                               
spouses losing  PFD money, in  his experience service  members do                                                               
not  have an  expectation they  will receive  the PFD  because to                                                               
qualify, a  commitment and  intent to become  a resident  must be                                                               
demonstrated.  However, military  members understand that one can                                                               
only be a resident of one  state, although he acknowledged he has                                                               
seen  instances  of  individuals  trying to  avoid  paying  state                                                               
income tax or vehicle taxes.   Military legal services make clear                                                               
the following:   military members can  only be a resident  of one                                                               
state;  military members  must pay  state income  taxes; military                                                               
members  will purchase  vehicle  tags; and  the state's  driver's                                                               
license rules apply.   Mr. Jones opined individuals  who want the                                                               
PFD will  become state citizens,  and thus  should have to  get a                                                               
state driver's license.  He  concluded that HB 212 shows military                                                               
families that the  sacrifices they make in service  to our nation                                                               
are appreciated by the people and leaders of Alaska.                                                                            
                                                                                                                                
2:46:07 PM                                                                                                                    
                                                                                                                                
ERLING  JOHANSEN, Assistant  Attorney  General,  Labor and  State                                                               
Affairs Section,  Civil Division  (Anchorage), Department  of Law                                                               
(DOL),  advised if  the legislature  wanted to  avoid a  possible                                                               
constitutional  challenge, the  bill should  accommodate same-sex                                                               
domestic partners  because DOL  has cases from  2005 and  2011 in                                                               
which the  spousal exemption was  subject to an  equal protection                                                               
challenge.                                                                                                                      
                                                                                                                                
2:47:12 PM                                                                                                                    
                                                                                                                                
JIM   DODSON,  President/CEO,   Fairbanks  Economic   Development                                                               
Corporation,  testified  in   support  of  HB  212.     The  bill                                                               
demonstrates  to  a service  member  and  to a  service  member's                                                               
spouse the true appreciation Alaskans  feel for military members,                                                               
and it thanks them for their  service.  He urged the committee to                                                               
support the bill.                                                                                                               
                                                                                                                                
2:48:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER,  after ascertaining that  no one else  wished to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER  stated  he  was  proud  to  serve  in  a                                                               
legislature  and state  that are  so welcoming  to their  service                                                               
members.   The bill is evidence  of Alaskans' desire to  extend a                                                               
welcoming hand to  lower the burden of military  service and life                                                               
in Alaska, and he said he supports the bill.                                                                                    
                                                                                                                                
2:48:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  said an  amendment was  forthcoming thus  HB 212                                                               
was held over.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects