Legislature(2013 - 2014)CAPITOL 106

02/18/2014 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 199 VPSO FIREARMS TELECONFERENCED
Moved Out of Committee
+ HB 212 DRIVER'S LICENSING EXEMPTION: MILITARY TELECONFERENCED
Moved Out of Committee
*+ HB 273 EXTENDING COUNCIL ON DOMESTIC VIOLENCE TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 2/13/14>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 212-DRIVER'S LICENSING EXEMPTION: MILITARY                                                                      
                                                                                                                                
9:00:56 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced the next  order of business was  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."                                                                                                                 
                                                                                                                                
9:01:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON,  as joint  prime sponsor,  introduced HB
212.  He said the  proposed legislation would provide benefit for                                                               
service  members.   Every  year  hundreds  of [military]  service                                                               
members  come to  Alaska and  are allowed  to use  their driver's                                                               
licenses  from other  states, while  their spouses  are not,  and                                                               
that is not the case in many  other states.  He said the proposed                                                               
legislation does  not give anybody  a free driver's  license; the                                                               
benefit would  be extended  only to  spouses 18  years of  age or                                                               
older,  who  have  a legitimate  driver's  license  from  another                                                               
state.   In response to  the chair, he  explained that 18  is the                                                               
age  at  which Alaska  allows  a  person  to possess  a  driver's                                                               
license.   He said HB 212  simply gives to the  spouse that which                                                               
is  allowed the  service  member.   He offered  an  example of  a                                                               
military  spouse in  Fairbanks who  was "detained  unnecessarily"                                                               
and found to be driving with  a license from another state beyond                                                               
90 days.  He  said the intent of the bill is  to show that Alaska                                                               
is  military-friendly  and  to  recognize  the  driver's  license                                                               
requirements of other states.                                                                                                   
                                                                                                                                
9:06:00 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN opined  that HB  212  is a  "pretty good  bill."   He                                                               
related that when he served in  the military, he and his wife had                                                               
no  problems  using their  California  driver's  licenses in  the                                                               
various places  in which  they lived.   He said  he had  not been                                                               
aware,  before seeing  HB  212,  that the  same  is  not true  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
9:06:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS asked if the  bill differentiates between a                                                               
military spouse who is working versus one who is not working.                                                                   
                                                                                                                                
9:07:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  indicated that the issue  is not whether                                                               
the spouse  of the  military member is  working, but  that he/she                                                               
has followed his/her spouse to Alaska.                                                                                          
                                                                                                                                
9:09:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  clarified  she  wants to  know  if  there                                                               
currently  is a  law  that someone  who works  in  Alaska has  to                                                               
acquire an  Alaska driver's  license within  a certain  amount of                                                               
time.  She offered her understanding  that there is, and that the                                                               
amount  of time  is 30  days.   She questioned  whether that  law                                                               
would conflict with the proposed legislation.                                                                                   
                                                                                                                                
9:10:10 AM                                                                                                                    
                                                                                                                                
NATHAN  SOLORIO,  Intern,  Representative Doug  Isaacson,  Alaska                                                               
State  Legislature, offered  his understanding  that irrespective                                                               
of employment status, any driver  who moves to Alaska must obtain                                                               
an Alaska driver's license within  90 days; the only exception is                                                               
for members of the military stationed in Alaska.                                                                                
                                                                                                                                
9:10:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES rephrased Mr. Solorio's statement.                                                                        
                                                                                                                                
9:11:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 1, which                                                                 
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Page 1, line 1, following "spouses":                                                                                     
          Insert "or same-sex partners"                                                                                       
                                                                                                                                
     Page 2, line 1, following "spouse" in both places:                                                                     
          Insert "or same-sex partner"                                                                                      
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "or spouse"                                                                                                
          Insert "or the member's spouse or same-sex                                                                        
     partner"                                                                                                               
                                                                                                                                
     Page 2, line 4, following "jurisdiction;":                                                                                 
          Insert "to claim to an exemption under this                                                                       
     paragraph, a member's same-sex  partner shall submit an                                                                
     application for an exemption  and, with the application                                                                
     for exemption,  two affidavits,  one from  the same-sex                                                                
     partner  and  one from  the  member,  stating that  the                                                                
     member and the same-sex partner                                                                                        
               (A)  are at least 18 years of age and are                                                                    
     each competent to enter into a contract;                                                                               
               (B)  have been in an exclusive, committed,                                                                   
     and intimate relationship with each  other for the last                                                                
     12  consecutive  months  and intend  to  continue  that                                                                
     relationship indefinitely;                                                                                             
               (C)  have maintained a household together at                                                                 
     a common primary residence for  the last 12 consecutive                                                                
     months  and intend  to  maintain  a household  together                                                                
     indefinitely;                                                                                                          
               (D)  consider themselves to be members of                                                                    
     each other's immediate family;                                                                                         
               (E)  are not related to each other to a                                                                      
     degree  of  closeness  that would  preclude  them  from                                                                
     marrying each other  in this state if they  were of the                                                                
     opposite sex;                                                                                                          
               (F)  are not legally married to another                                                                      
     person;                                                                                                                
               (G)  have not executed an affidavit                                                                          
     affirming same-sex partner status with another person                                                                  
     within the last 12 months;                                                                                             
               (H)  are each other's sole domestic partner                                                                  
     and each is responsible for the welfare of the other;                                                                  
     and                                                                                                                    
               (I)  share financial obligations, including                                                                  
       joint responsibility for basic living expenses and                                                                   
     health care costs;"                                                                                                    
                                                                                                                                
9:11:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
9:11:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said Amendment  1 is offered in the                                                               
spirit of inclusivity.                                                                                                          
                                                                                                                                
9:12:06 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:12 a.m.                                                                                 
                                                                                                                                
9:12:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  said Amendment 1 would  extend the                                                               
benefits that are offered under HB  212 to same-sex partners.  He                                                               
said  the amendment  was  offered in  the  previous committee  of                                                               
referral, and he noted that  Representative Gruenberg was present                                                               
in the room and could speak to the proposed amendment.                                                                          
                                                                                                                                
9:13:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  spoke to  his  objection.   He  said  the                                                               
proposed amendment would necessitate a  change in the bill title.                                                               
Further,  he  opined  there  is   no  question  that  anyone  who                                                               
considers  Amendment 1  would say  it  changes the  focus of  the                                                               
bill.  He  explained he objects to Amendment 1  because there are                                                               
only 90 days in the  legislative session and because the proposed                                                               
amendment  is "not  really  germane to  the bill."    He said  he                                                               
thinks the  word "spouse" is  used hundreds of times  in statute,                                                               
and  he  remarked  upon  the  possibility  of  "almost  countless                                                               
discussion."                                                                                                                    
                                                                                                                                
9:14:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON stated his objection  to Amendment 1.  He                                                               
said during  the last  committee of  referral, the  Department of                                                               
Law (DOL) testified.  He  offered his understanding that DOL said                                                               
"spouse"  is  defined  in  statute, and  if  that  definition  is                                                               
changed in statute, it would apply  to the use of the word spouse                                                               
in HB 212.   He opined that  Amendment 1 is trying  to change the                                                               
scope of HB 212, almost to the point  where it would need to be a                                                               
constitutional  amendment.   He said  he  would not  want to  see                                                               
those  who could  benefit  from the  proposed  legislation to  be                                                               
deprived of that  benefit while the legislature  waits for "legal                                                               
wrangling" or  "a vote, if  that ... comes to  it."  He  said DOL                                                               
could come before  the House State Affairs  Standing Committee to                                                               
weigh in on the issue, if the committee wishes.                                                                                 
                                                                                                                                
9:16:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MAX GRUENBERG, Alaska  State Legislature, said the                                                               
issue  of  same-sex partners  is  of  concern to  a  considerable                                                               
number  of people  in Alaska  and across  the country.   He  said                                                               
under current  law in Alaska, "spouse"  excludes same-sex couple.                                                               
He mentioned  an Alaska  Civil Liberties  Union (ACLU)  case that                                                               
was  before the  Alaska  Supreme Court  and  another case  named,                                                               
Schmidt, and he  indicated that the Alaska  Supreme Court decided                                                             
in both cases  that to deny same-sex couples  equal protection of                                                               
the law  is a  denial of  the Alaska  right of  equal protection.                                                               
Both those decisions were based  on the Constitution of the State                                                               
of Alaska.  He said there  are a number of federal cases "holding                                                               
similarly for  federal benefits and  things that  involve federal                                                               
rights."   He noted that  a recent  9th Circuit Court  of Appeals                                                               
case held that  the exclusion of homosexuals on jury  panels is a                                                               
denial  of  equal  protection  of   the  law.    He  offered  his                                                               
understanding that  that decision  was made  in Nevada,  and both                                                               
the governor and the attorney general refuse to defend that law.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  said, "This  is something  that society                                                               
is  rapidly changing  its  views on."   He  said  Amendment 1  is                                                               
carefully crafted so that it does  not reach the issue of whether                                                               
it  is unconstitutional  to deny  same-sex couples  the right  to                                                               
marry.  He  said the proposed amendment uses  language from state                                                               
regulations that  were adopted  after the  ACLU case,  which does                                                               
not "say  they are married," but  says "they are entitled  to the                                                               
benefit of the law ...."   He stated, "This amendment does not go                                                               
beyond the scope  of the term, as used in  AS 28.15.021; it would                                                               
not make any  other changes."  He indicated Amendment  1 does not                                                               
seek  to open  the  door  to change  other  laws.   He  expressed                                                               
appreciation  to  Representative   Kreiss-Tomkins  for  proposing                                                               
Amendment 1, and he surmised  that the entire [Democratic] Caucus                                                               
feels  the same  on the  issue.   He noted  that HB  212 was  not                                                               
scheduled to be heard by  the House Judiciary Standing Committee;                                                               
therefore,  he  suggested that  if  this  issue is  addressed  by                                                               
adopting Amendment  1, the proposed  bill would not  need another                                                               
committee of referral to hear it  before being heard on the House                                                               
floor.  Representative  Gruenberg stated he supports  HB 212, but                                                               
"cannot   support  the   affect,  if   not  the   intent,  that's                                                               
discriminatory."      He   warned    that   any   acceptance   of                                                               
discrimination opens the door to further discrimination.                                                                        
                                                                                                                                
9:21:39 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  opined, "This subject  certainly is ...  a surprising                                                               
issue  overall, but  issue or  not, I  don't think  it's germane,                                                               
really, to who gets a driver's  license and who doesn't, which is                                                               
the main part of this bill."                                                                                                    
                                                                                                                                
9:21:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER maintained his objection to Amendment 1.                                                                  
                                                                                                                                
9:22:03 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN requested  a  vote, but  upon  determining there  was                                                               
further committee comment, voided the roll.                                                                                     
                                                                                                                                
9:22:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  offered his understanding that  the intent                                                               
[of Amendment  1] - implied, if  not said - was  to "continue the                                                               
effort to pull it into  Judiciary and continue this discussion by                                                               
the  minority."    He  opined  that  "that  makes  it  clearly  a                                                               
political move."  He restated his objection to Amendment 1.                                                                     
                                                                                                                                
9:23:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  said that  "in  the  midst of  the  court                                                               
wrangling" she does not think it is  wise to "take this on."  She                                                               
referred to Representative Keller's  previous mention of the word                                                               
spouse in statute  and of the need to change  the bill title that                                                               
would be  brought about under Amendment  1.  She said  this would                                                               
be  problematic,  and she  stated  her  intent  to vote  "no"  on                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
9:23:47 AM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representative Kreiss-Tomkins voted                                                               
in  favor  of  Amendment  1.    Representatives  Gattis,  Hughes,                                                               
Isaacson,  Keller,  and  Lynn  voted   against  it.    Therefore,                                                               
Amendment 1 failed by a vote of 1-5.                                                                                            
                                                                                                                                
9:24:25 AM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of Administration  (DOA),  stated  that the  division                                                               
would have  no problem implementing [the  proposed changes under]                                                               
HB  212.     Regarding  Representative  Gattis'   question  about                                                               
acquiring a license if a person  is employed or not employed, she                                                               
ventured the  discussion pertains  to vehicle registration.   She                                                               
said a  person who  is from  out of  state must  register his/her                                                               
vehicle within 60  days, unless the person is  employed, in which                                                               
case he/she would have to register the vehicle within 10 days.                                                                  
                                                                                                                                
REPRESENTATIVE GATTIS asked  if, under HB 212,  a military spouse                                                               
who  gets pulled  over  by  the police  would  have something  on                                                               
his/her license showing that military spousal status.                                                                           
                                                                                                                                
CHAIR  LYNN   remarked  that  military  spouses   have  dependent                                                               
identification  (ID) cards  that  can be  shown  with a  driver's                                                               
license.                                                                                                                        
                                                                                                                                
MS. ERICKSON offered her understanding  that "you would provide a                                                               
military ID  just to  show the law  enforcement officer  that you                                                               
have reason to not have an Alaska license."                                                                                     
                                                                                                                                
9:26:13 AM                                                                                                                    
                                                                                                                                
JOMO  STEWART, Project  Manager,  Fairbanks Economic  Development                                                               
Corporation  (FEDC), testified  in support  of HB  212.   He said                                                               
Fairbanks is  a military  town and Alaska  is a  fairly military-                                                               
dependent  state,  and FEDC  supports  any  easing of  burden  on                                                               
military staff and their spouses.                                                                                               
                                                                                                                                
9:27:12 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony on HB 212.                                                                           
                                                                                                                                
9:27:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  report HB  212 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 212 was reported out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
01 HB 212 v.N.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
02 HB 212 Sponsor Statement.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
03 HB 212 Sectional.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
04 HB 212 Fiscal Note.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
05 HB212 Supporting Docs.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
06 HB 212 Supporting Letter.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
07 HB 212 Supporting Letter2.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
08 HB 212 Supporting Letter3.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
09 HB 212 Supporting Letter4.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
10 HB 212 Supporting Letter5.pdf HSTA 2/18/2014 8:00:00 AM
HB 212
01 HB 273.pdf HSTA 2/18/2014 8:00:00 AM
HB 273
02 HB 273 Sponsor Statement.pdf HSTA 2/18/2014 8:00:00 AM
HB 273
03 HB273 Leg Audit for CDVSA.pdf HSTA 2/18/2014 8:00:00 AM
HB 273
04 CDVSA Letter of Support HB273.pdf HSTA 2/18/2014 8:00:00 AM
HB 273
05 fiscalNote DPS HB273.pdf HSTA 2/18/2014 8:00:00 AM
HB 273