Legislature(2013 - 2014)CAPITOL 106

01/29/2013 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 1 REQUIREMENTS FOR DRIVER'S LICENSE TELECONFERENCED
Moved CSHB 1(STA) Out of Committee
*+ HB 52 PFD ALLOWABLE ABSENCE TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB   1-REQUIREMENTS FOR DRIVER'S LICENSE                                                                        
                                                                                                                                
8:04:53 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL NO. 1, "An Act relating to issuance of drivers' licenses."                                                                 
                                                                                                                                
8:05:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER moved  to adopt  Version 28-LS0008\U  [the                                                               
original bill version].                                                                                                         
                                                                                                                                
REPRESENTATIVE  MILLETT, at  the request  of the  chair, objected                                                               
for the purpose of discussion.                                                                                                  
                                                                                                                                
8:05:42 AM                                                                                                                    
                                                                                                                                
FORREST  WOLFE,  Staff,  Representative Bob  Lynn,  Alaska  State                                                               
Legislature, presented HB  1 on behalf of  Representative Lynn, a                                                               
joint  prime sponsor.   He  noted  that in  a proposed  committee                                                               
substitute    (CS)    for    HB    1,    [Version    28-LS0008\C,                                                               
Strasbaugh/Martin, 1/23/13],  "by mail"  [on page  1, line  11 of                                                               
the original bill] would be removed.                                                                                            
                                                                                                                                
8:06:11 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN, as a joint  prime sponsor, made introductory comments                                                               
regarding  HB 1.   He  stated that  under HB  1, the  Division of                                                               
Motor Vehicles  would be authorized  to issue a  driver's license                                                               
for a period of less than five  years for someone who has a legal                                                               
presence  in  the  United  States   for  less  than  five  years.                                                               
Currently, a  visitor to the U.S.  whose visa will expire  in two                                                               
weeks can walk into the DMV  and get a driver's license that does                                                               
not expire for  five years.  The proposed  legislation would link                                                               
the duration of the driver's license  to the duration of the visa                                                               
or  any other  legal-presence document.   If  the legal  presence                                                               
document is  for some indefinite  or provisional period,  such as                                                               
for  someone  seeking  asylum,  then under  HB  1,  the  driver's                                                               
license  could be  issued  for  one year  but  renewed each  year                                                               
thereafter  for  a period  up  to  five  years at  no  additional                                                               
expense.   Chair  Lynn noted  that similar  legislation has  been                                                               
passed in other  states, and he asked that  the committee support                                                               
the proposed legislation.                                                                                                       
                                                                                                                                
8:07:20 AM                                                                                                                    
                                                                                                                                
MR. WOLFE stated that determining  how long a foreign national is                                                               
allowed to stay  in the U.S. is the purview  of the Department of                                                               
Homeland  Security; the  State of  Alaska should  not be  issuing                                                               
official or  legal documentation  that outlasts a  person's legal                                                               
presence in the  U.S.  The proposed legislation  would enable the                                                               
DMV to issue a driver's license  for less than five years so that                                                               
a visitor's  license expires at  the same  time as their  visa or                                                               
other authorized length-of-stay document.   He said HB 1 reflects                                                               
what is considered  best practice by the  American Association of                                                               
Motor Vehicle  Administrators (AAMVA).   Currently,  he reported,                                                               
36 other states, as well as  the District of Columbia, have these                                                               
similar policies in statute or regulations.                                                                                     
                                                                                                                                
MR. WOLFE  said the Alaska  DMV already requires a  new applicant                                                               
of a driver's license to prove  legal presence, as is the case in                                                               
all but  four other states.   The proposed legislation,  he said,                                                               
merely fine-tunes existing law to  ensure that a driver's license                                                               
reflects  the documentation  that is  currently submitted  to the                                                               
DMV.     Further,  the  proposed   legislation  would   allow  an                                                               
international  visitor  to  renew   his/her  license  without  an                                                               
additional  fee if  his/her  visa  or legal-presence-document  is                                                               
extended for  a period of up  to five years -  the same extension                                                               
time that  is currently permitted  for nearly all Alaskans.   The                                                               
renewals can  be done in  person, by  mail, and possibly  soon by                                                               
Internet, and  ensures that visitors  will not incur  extra fees.                                                               
Mr. Wolfe repeated Chair Lynn's  remark that in the rare instance                                                               
that a visitor  has a provisional, pending,  or indefinite length                                                               
of stay,  he/she would renew the  license each year, but  with no                                                               
additional fees.                                                                                                                
                                                                                                                                
MR. WOLFE  stated the intent  of the  joint sponsors was  to keep                                                               
the proposed bill  as simple as possible, which is  why HB 1 does                                                               
not address  state identification  (ID) cards.   He said  the DMV                                                               
already has the  authority to issue state ID cards  for less than                                                               
five  years; it  does not  have the  same authority  for driver's                                                               
licenses.    He  reiterated  that  HB  1  would  not  change  how                                                               
Alaskan's  obtain  a driver's  license.    Further, there  is  no                                                               
requirement  under  HB  1 that  people  present  any  immigration                                                               
documentation  as  proof  of  ID when  applying  for  a  driver's                                                               
license.  However,  if a person does use such  documents, the DMV                                                               
would consider the expiration date.                                                                                             
                                                                                                                                
MR.  WOLFE  related  that  HB   1  is  essentially  the  same  as                                                               
legislation carried last  year that garnered a House  vote of 33-                                                               
2, with  5 excused  absences.   He noted  that there  were people                                                               
from  the DMV  and  the  Department of  Law  available to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
8:10:02 AM                                                                                                                    
                                                                                                                                
SHELLY  MELLOTT,  Deputy  Director, Division  of  Motor  Vehicles                                                               
(DMV),  Department  of Administration  (DOA),  in  response to  a                                                               
question from  Representative Keller,  stated that  currently the                                                               
DMV  will renew  [a  driver's license]  one time  via  mail.   In                                                               
response to  a follow-up question,  she said the  DMV anticipates                                                               
having to adopt regulations to accommodate HB 1.                                                                                
                                                                                                                                
8:12:08 AM                                                                                                                    
                                                                                                                                
MS.  MELLOTT, in  response  to  Representative Isaacson,  offered                                                               
details  regarding the  renewal process  of a  license, including                                                               
that the DMV  verifies the information provided  by the applicant                                                               
from  his/her last  document of  issue,  in order  to verify  the                                                               
applicant's identity.   Following  that, she  said, the  DMV goes                                                               
through a  process to verify  the applicant's eligibility.   Upon                                                               
meeting  both criteria,  the applicant  prints out  the completed                                                               
document, signs it, mails it  into the division with payment, and                                                               
the  division  issues  the  applicant a  new  card,  reusing  the                                                               
photograph, and then mails the card to the applicant.                                                                           
                                                                                                                                
REPRESENTATIVE  ISAACSON  offered   his  understanding  that  the                                                               
intent of HB  1 is to allow  the division to issue  a license for                                                               
less than five years, while the  secondary intent is to not allow                                                               
an immigrant  to have  a document  that says  he/she is  legal in                                                               
Alaska.  He  asked how the bill would meet  the secondary intent.                                                               
For example,  he said a  person could  request an extension  on a                                                               
license without  showing proof that  his legal  presence document                                                               
allows him  to be in  the U.S.   He asked  if his remarks  are on                                                               
target.                                                                                                                         
                                                                                                                                
8:14:41 AM                                                                                                                    
                                                                                                                                
MS. MELLOTT said  the division would need  to develop regulations                                                               
to require someone who has a  license that is issued for a period                                                               
of less than  five years to submit proof of  extension of his/her                                                               
legal presence at time of renewal.                                                                                              
                                                                                                                                
REPRESENTATIVE ISAACSON  observed that  under HB 1,  only certain                                                               
people would  need to be asked  for proof of legal  presence, and                                                               
he questioned whether that would be discriminatory.                                                                             
                                                                                                                                
MS. MELLOTT  reiterated that  under HB 1,  the division  would be                                                               
authorized  to  adopt regulations  to  carry  out statute.    She                                                               
deferred the question regarding  discrimination to the division's                                                               
attorney.                                                                                                                       
                                                                                                                                
8:16:38 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked, "What does the  DMV do now with those same kind                                                               
of documents?"                                                                                                                  
                                                                                                                                
MS.  MELLOTT responded  that  the DMV  looks  at those  documents                                                               
every day; however,  once a person receives  an original license,                                                               
he/she never  again has to show  that proof document again.   She                                                               
stated that  it is not uncommon  for people to come  into the DMV                                                               
with documents  that are about  to expire,  but are valid  at the                                                               
time they bring them in.                                                                                                        
                                                                                                                                
8:17:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  asked  how  many  driver's  licenses  are                                                               
issued to people with visas in Alaska.                                                                                          
                                                                                                                                
MS. MELLOTT said she does not  know if the division documents its                                                               
records  in a  way that  would  facilitate her  giving an  answer                                                               
today.   In response to a  request from the chair,  she estimated                                                               
that the  division issues  several driver's  licenses per  day to                                                               
people with visas.                                                                                                              
                                                                                                                                
8:18:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  asked  for conformation  that  the  sole                                                               
purpose of the  proposed bill is to align the  expiration of both                                                               
the driver's license and a person's visa to the same date.                                                                      
                                                                                                                                
MS. MELLOTT answered that is correct.                                                                                           
                                                                                                                                
8:18:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  noted  that the  committee  had  received                                                               
correspondence expressing  concern about the DMV  redoing federal                                                               
documentation; however,  she offered  her understanding  that the                                                               
DMV already  deals with that  type of  paperwork.  She  asked for                                                               
further  information regarding  how many  types of  documents the                                                               
division sees and how clear the expirations dates on them are.                                                                  
                                                                                                                                
MS.  MELLOTT  replied that  the  DMV  staff undertakes  extensive                                                               
fraudulent document  training and addresses daily  a wide variety                                                               
of  documents  issued  by  [the   U.S.  Citizen  and  Immigration                                                               
Services (USCIS)];  therefore, the only  change under HB  1 would                                                               
be the expiration date on the driver's license.                                                                                 
                                                                                                                                
8:19:45 AM                                                                                                                    
                                                                                                                                
MS.  MELLOTT, in  response to  Representative Gattis,  said HB  1                                                               
would have no  effect on international licenses.   In response to                                                               
a follow-up  question, she  stated that the  DMV does  not accept                                                               
international  licenses as  proof documents  when issuing  Alaska                                                               
driver's licenses.                                                                                                              
                                                                                                                                
CHAIR LYNN  related that when he  served in the military,  he was                                                               
issued an international driver's license.                                                                                       
                                                                                                                                
8:21:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  asked if  the original application  [for a                                                               
driver's license] asks for a person's citizenship.                                                                              
                                                                                                                                
MS.  MELLOTT responded  that  other than  a  question about  U.S.                                                               
citizenship geared  toward voter registration, the  answer is no.                                                               
She said  the division can  determine by the  documents presented                                                               
whether a person is a U.S. citizen.                                                                                             
                                                                                                                                
REPRESENTATIVE HUGHES  asked, "So, ... those  folks who currently                                                               
have the five-year licenses, who  have already expired past their                                                               
expiration date, as  far as when they should be  here, they could                                                               
apply  by mail  and, based  on  the fact  that they  had a  prior                                                               
license, would  there be  anything that  would be  red-flagged on                                                               
your end from the original  application where they indicated "no"                                                               
- that  they were  not a U.S.  citizen - so  that then  you would                                                               
request additional documentation?"                                                                                              
                                                                                                                                
MS. MELLOTT  said the DMV  does ask for  date of birth,  and from                                                               
that could ask for additional information.                                                                                      
                                                                                                                                
REPRESENTATIVE  HUGHES  asked Ms.  Mellott  if  she foresees  the                                                               
division  developing  regulations  such  that  it  would  require                                                               
additional  information  from  those applicants  who  indicate  a                                                               
birth place outside  the U.S. or do not indicate  that they are a                                                               
U.S. citizen and are applying for a five-year license.                                                                          
                                                                                                                                
MS. MELLOTT indicated  that would be a possibility.   In response                                                               
to  a follow-up  question, she  said that  after passing  a legal                                                               
presence bill,  many states  have required  any applicant  who is                                                               
not a citizen of the U.S.  to bring documentation into the entity                                                               
that  issues driver's  licenses to  determine if  the person  has                                                               
naturalized at that  point or received a  permanent resident care                                                               
or is  still in temporary visitor  status or does not  have valid                                                               
documents to be in the U.S.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUGHES  asked Ms.  Mellott  to  clarify that  her                                                               
expectation is the division  would request additional information                                                               
from someone  who is  not a  U.S. citizen,  as other  states have                                                               
done.                                                                                                                           
                                                                                                                                
MS.  MELLOTT  answered that  she  thinks  that  would be  a  best                                                               
practice on the part of the division.                                                                                           
                                                                                                                                
8:25:14 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked Ms. Mellott  to confirm his  understanding that                                                               
HB 1  does not  change policy  regarding who  gets a  license; it                                                               
only makes a change related to expiration date.                                                                                 
                                                                                                                                
REPRESENTATIVE HUGHES answered that is correct.                                                                                 
                                                                                                                                
8:25:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON   said  he   does  not   understand  how                                                               
affective HB 1 could be in  providing the division the ability of                                                               
issuing a  driver's license for less  than five years when  it is                                                               
possible for  a [non-U.S.  citizen] in  possession of  a document                                                               
allowing him/her to be in the  U.S. for two years to simply renew                                                               
his/her driver's license  at the end of the two  years by mail or                                                               
over  the Internet,  thus  ending up  with  a five-year  driver's                                                               
license,  with no  requirement to  verify legal  presence in  the                                                               
U.S. to get that license.                                                                                                       
                                                                                                                                
8:26:54 AM                                                                                                                    
                                                                                                                                
MS. MELLOTT  responded that currently under  statute the division                                                               
has no  ability to issue  any license  for less than  five years,                                                               
unless  it  is  a  temporary  license.   She  said  the  proposed                                                               
legislation  would  give  the  division   the  ability  to  adopt                                                               
regulations to  issue licenses that  for some reason  should have                                                               
an expiration date of less than five years.                                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON remarked that  those licenses could still                                                               
be renewed  and "circumvent the  original purpose of  having less                                                               
than five years."                                                                                                               
                                                                                                                                
MR.  WOOLFE offered  his understanding  that  in a  case where  a                                                               
person's  legal  presence document  expires  in  two years,  that                                                               
person's  driver's license  would also  expire, and  in order  to                                                               
renew  the  driver's  license,   he/she  would  need  to  provide                                                               
documentation -  for example,  a student  visa -  showing his/her                                                               
legal presence has been extended.                                                                                               
                                                                                                                                
8:30:08 AM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department    of   Administration    (DOA),   in    response   to                                                               
Representative  Millett, confirmed  that  the  Division of  Motor                                                               
Vehicles supports HB 1.                                                                                                         
                                                                                                                                
CHAIR LYNN  noted that there  is a  zero fiscal note  attached to                                                               
the proposed legislation.                                                                                                       
                                                                                                                                
8:30:38 AM                                                                                                                    
                                                                                                                                
EARLING JOHANSEN, Assistant Attorney  General (AG), Labor & State                                                               
Affairs Section,  Civil Division  - Anchorage, Department  of Law                                                               
(DOL),  stated that  as an  attorney who  represents the  DMV, he                                                               
sees no constitutional issues with HB  1.  He relayed that he had                                                               
done  a  legal  check  related to  legal  presence  and  driver's                                                               
licenses  and  found  no  cases   across  the  country  that  had                                                               
challenged "this."   He  said the  issue is  not one  of driver's                                                               
license  denial;  the  applicants   would  be  issued  a  license                                                               
consistent with the term of their  authorized stay.  He said HB 1                                                               
is not a  bill that challenges the federal  government's right to                                                               
regulate  immigrations.    He concluded,  "The  DMV's  activities                                                               
based on this bill follow the federal determinations."                                                                          
                                                                                                                                
8:32:12 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony on HB 1.                                                                             
                                                                                                                                
8:32:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT removed her prior objection.                                                                             
                                                                                                                                
8:32:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  HB 1 out of committee with                                                               
individual  recommendations  and  the  accompanying  zero  fiscal                                                               
note.   He commented that  the bill would  be heard by  the House                                                               
Judiciary Standing  Committee.   There being  no objection,  HB 1                                                               
was reported out of the House State Affairs Standing Committee.                                                                 
                                                                                                                                
[The committee returned to HB 1 later in the hearing.]                                                                          
            HB   1-REQUIREMENTS FOR DRIVER'S LICENSE                                                                        
                                                                                                                                
8:45:49 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN returned the committee's attention to HB 1.                                                                          
                                                                                                                                
8:45:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to rescind the  committee's previous                                                               
action Committee  in moving HB 1  out of committee.   There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute    (CS)    for     HB    1,    Version    28-LS0008\C,                                                               
Strasbaugh/Martin, 1/23/13,  as a  work draft,  and to  "make the                                                               
recent  vote on  passage  of  the bill  from  committee apply  to                                                               
Version" [C].   There  being no objection,  Version C  was before                                                               
the committee  and CSHB 1(STA) was  moved out of the  House State                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                
CHAIR LYNN  inquired, "And the  previous testimony we  heard will                                                               
apply to this current version.  Is that correct?"                                                                               
                                                                                                                                
REPRESENTATIVE KELLER responded, "That's correct."                                                                              
                                                                                                                                

Document Name Date/Time Subjects
01 HB1 Version U.PDF HSTA 1/29/2013 8:00:00 AM
HB 1
01a CS for HB 1 Version C.PDF HSTA 1/29/2013 8:00:00 AM
HB 1
03 HB1 Relevant Statute.PDF HSTA 1/29/2013 8:00:00 AM
HB 1
04 HB1 Supporting Documents - Memo Regarding Other States With Length of Stay.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
05 HB1 Supporting Documents - 37 States with Length of Authorized Stay Requirement.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
06 HB1 AAMVA DL-ID Security Framework.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
1 HB 52 28-LS0170A PFD Allowable Absences.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
2 HB 52 SPONSOR STATEMENT PFD Allowable Absence.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
3 HB 52 Sectional Analysis 28-LS0170A.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
4 HB 52 PFD Allowable Absences Presentation.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
5 HB 52 PFD Select Statutes.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
6 HB 52 PFD Select Regulations.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
02 HB1 Sponsor Statement.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
07 HB052-DOR-PFD-01-25-13.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
08 HB 52 Support Letter Ross.pdf HSTA 1/29/2013 8:00:00 AM
HB 52
01a CS for HB 1 Version C.PDF HSTA 1/29/2013 8:00:00 AM
HB 1
07 HB001-DOA-DMV-1-25-13.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
08 HB1 Supporting Documents - AG Office Johansen Letter.pdf HSTA 1/29/2013 8:00:00 AM
HB 1
09 HB1 Opposition Documents - ACLU Letter 2013.pdf HSTA 1/29/2013 8:00:00 AM
HB 1