Legislature(2011 - 2012)BUTROVICH 205

04/07/2011 09:00 AM Senate STATE AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 117 PFD ALLOWABLE ABSENCE: MILITARY TELECONFERENCED
Heard & Held
+ HB 3 REQUIREMENTS FOR DRIVER'S LICENSE TELECONFERENCED
Heard & Held
+ HCR 7 DECORATION OF HONOR TELECONFERENCED
Moved HCR 7 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB   3-REQUIREMENTS FOR DRIVER'S LICENSE                                                                        
                                                                                                                                
9:46:57 AM                                                                                                                    
CHAIR WIELECHOWSKI announced the next  order of business would be                                                               
HB 3, which  would enable the Department of  Motor Vehicles (DMV)                                                               
to  issue driver's  licenses  for less  than  the statutory  five                                                               
years to certain individuals.                                                                                                   
                                                                                                                                
9:47:08 AM                                                                                                                    
REPRESENTATIVE BOB LYNN, sponsor of HB  3, said this bill has the                                                               
same bill number  as legislation that was  proposed last session,                                                               
but  the  bills  themselves  are very  different.  Under  current                                                               
statute,  Alaska driver's  licenses are  issued for  a period  of                                                               
five years  from your birthday.  HB 3 deals only  with noncitizen                                                               
visitors. Today a noncitizen can  be legally in the United States                                                               
on a visa that expires tomorrow, but  he or she can get an Alaska                                                               
driver's license that  lasts five years. HB 3 permits  the DMV to                                                               
issue  a driver's  license for  less than  five years  so that  a                                                               
noncitizen  visitor's driver's  license expires  when his  or her                                                               
visa expires.                                                                                                                   
                                                                                                                                
9:49:44 AM                                                                                                                    
THOMAS  REIKER, staff  to Representative  Lynn, said  determining                                                               
how long a foreign national can stay  in the US is the purview of                                                               
Homeland Security. This  would allow the DMV to  issue a driver's                                                               
license for less than five  years. The foreign national's license                                                               
would  expire on  the same  day their  legal presence  in the  US                                                               
expires. If  their stay is  indefinite, he  or she would  have to                                                               
renew their driver's license each  year. The sponsor did not want                                                               
the bill to  be overly burdensome, so people would  be allowed to                                                               
renew by  mail for up  to five years.  Documentation requirements                                                               
remain unchanged.  HB 3 has  19 co-sponsors and passed  the House                                                               
with a vote of 33-2.                                                                                                            
                                                                                                                                
SENATOR PASKVAN asked what other  forms of identification a legal                                                               
immigrant arriving in the US would have.                                                                                        
                                                                                                                                
MR. REIKER said he was not sure.  The sponsor did not want to put                                                               
anything in bill requiring people  to show documentation. That is                                                               
how  things   are  currently   structured.  People   are  showing                                                               
immigration documents.                                                                                                          
                                                                                                                                
SENATOR PASKVAN  asked if  a legal immigrant  would have  a visa,                                                               
passport or something official when they enter the country,                                                                     
                                                                                                                                
9:53:04 AM                                                                                                                    
MR.  REIKER  answered the  definition  of  a legal  immigrant  is                                                               
someone  who  has some  type  of  documentation from  immigration                                                               
services. If  the person doesn't  have anything, DMV  will verify                                                               
by telephone.                                                                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI  questioned whether this  turns DMV into  a de                                                               
facto immigration  authority, which is the  responsibility of the                                                               
federal government.                                                                                                             
                                                                                                                                
REPRESENTATIVE  LYNN said  this  is talking  about visitors,  not                                                               
immigrants or undocumented workers.  Immigration is a whole other                                                               
issue. Under  the bill,  a visitor  who has  indeterminate status                                                               
would be issued a license for one  year at a time. There would be                                                               
no additional fee for up to five years.                                                                                         
                                                                                                                                
9:56:25 AM                                                                                                                    
REPRESENTATIVE   LYNN   stressed   that   this   is   a   simple,                                                               
straightforward bill.                                                                                                           
                                                                                                                                
SENATOR  KOOKESH  asked what  the  basis  of bill  was.  Normally                                                               
legislators  respond to  complaints  from  their constituents  or                                                               
others that a problem exists and needs to be corrected.                                                                         
                                                                                                                                
REPRESENTATIVE LYNN  said the intent  is to have  the [expiration                                                               
date] on the state-issued driver's  license match the [expiration                                                               
date] on the  visa or other federal document.  There are probably                                                               
some homeland security aspects.                                                                                                 
                                                                                                                                
9:57:53 AM                                                                                                                    
SENATOR  KOOKESH  asked  what  prompted   him  to  introduce  the                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN answered  people are  staying in  Alaska and                                                               
driving  after their  visas have  expired. There  are aspects  of                                                               
homeland security. It's  important to know who is  driving in the                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR KOOKESH said  he understands that, but is  trying to find                                                               
out who raised the issue.                                                                                                       
                                                                                                                                
9:58:44 AM                                                                                                                    
REPRESENTATIVE LYNN answered no one raised it as a problem.                                                                     
                                                                                                                                
MR. REIKER  said there  currently is a  statutory barrier  to DMV                                                               
issuing a driver's license for less  than five years. Part of the                                                               
impetus is a statutory change.                                                                                                  
                                                                                                                                
SENATOR KOOKESH asked if DMV said there is a problem.                                                                           
                                                                                                                                
REPRESENTATIVE LYNN answered no; he  went to the DMV, eight years                                                               
ago.                                                                                                                            
                                                                                                                                
SENATOR PASKVAN  said the citizens  of Alaska expect  that anyone                                                               
going to the  DMV for a license  has to pass a  driver's test. If                                                               
he or she  passes, that would seem that DMV  has accomplished its                                                               
function.  He  asked  if  this  is  a  different  test  that  the                                                               
applicant has to pass.                                                                                                          
                                                                                                                                
10:00:27 AM                                                                                                                   
REPRESENTATIVE  LYNN said  no, it  is only  about the  expiration                                                               
date for  a driver's license. Most  states have a period  of time                                                               
in which  to obtain a new  license. When you move  to Alaska, you                                                               
have a certain time to change  your previous license to an Alaska                                                               
license. The expiration date would be  for the period of time you                                                               
are allowed to be here.                                                                                                         
                                                                                                                                
MR. REIKER  said it is  a test that  people already have  to pass                                                               
when they  apply for  a driver's license.  This only  changes the                                                               
expiration  date  of the  driver's  license.  It is  a  situation                                                               
people are already facing.                                                                                                      
                                                                                                                                
SENATOR  GIESSEL asked  if the  state ID  card issued  by DMV  is                                                               
currently limited to the duration of a person's legal stay.                                                                     
                                                                                                                                
MR. REIKER  answered not right now,  but DMV does not  feel there                                                               
needs  to  be  a  statutory  change  to  implement  that  change.                                                               
However, DMV's general policy is to  have the same rules for both                                                               
the state ID card and the state driver's license.                                                                               
                                                                                                                                
10:02:53 AM                                                                                                                   
SENATOR GIESSEL asked  if employers use the  driver's license for                                                               
identification, and if  it's construed to be  a representation of                                                               
legal presence in the country.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN said  presumably someone  who has  an Alaska                                                               
driver's license has a legal right to be here.                                                                                  
                                                                                                                                
SENATOR GIESSEL said she didn't  believe a Social Security number                                                               
is  on state  ID  cards. She  asked what  on  a driver's  license                                                               
identifies what legal presence the person has.                                                                                  
                                                                                                                                
MR. REIKER  said in the  real world a  driver's license is  a key                                                               
that opens  many gates. People  accept it as a  government issued                                                               
ID. Employers and law enforcement will take it at face value.                                                                   
                                                                                                                                
REPRESENTATIVE LYNN pointed  out that nothing on  a license shows                                                               
residency status.                                                                                                               
                                                                                                                                
10:05:07 AM                                                                                                                   
SENATOR KOOKESH asked if the sponsor  expects the DMV to verify a                                                               
person's legal status. That isn't their job.                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  said DMV would  only look at  the expiration                                                               
date. This shows if a person is driving legally.                                                                                
                                                                                                                                
CHAIR  WIELECHOWSKI noted  that a  few people  were signed  up to                                                               
testify.                                                                                                                        
                                                                                                                                
10:06:28 AM                                                                                                                   
KERRY  HENNINGS, Driver's  Licensing Manager,  Division of  Motor                                                               
Vehicles  (DMV), Department  of  Administration  (DOA), said  the                                                               
proposed  bill allows  DMV to  promulgate regulations.  It has  a                                                               
zero  fiscal  note  and would  not  impact  existing  procedures.                                                               
Currently  the DMV  requires an  individual to  provide proof  of                                                               
legal name, date of birth,  Social Security number if one exists,                                                               
and residence address.  For foreign nationals there  is usually a                                                               
passport accompanied  by a  visa. There would  not be  a dramatic                                                               
impact  to staff.  DMV would  simply issue  the license  with the                                                               
visa expiration  date. DMV would  continue to  honor notification                                                               
that a person's legal stay has been extended.                                                                                   
                                                                                                                                
SENATOR PASKVAN  asked if this  addresses those that  are legally                                                               
in the country.                                                                                                                 
                                                                                                                                
MS. HENNINGS answered correct.                                                                                                  
                                                                                                                                
SENATOR PASKVAN  asked if there  is any problem with  a visitor's                                                               
capacity  to drive  that's connected  to their  legal status  for                                                               
being in the country.                                                                                                           
                                                                                                                                
MS. HENNINGS answered no.                                                                                                       
                                                                                                                                
SENATOR PASKVAN asked why, if  they've passed the test, a foreign                                                               
national's  license  wouldn't  be  equal to  any  other  person's                                                               
license that's issued.                                                                                                          
                                                                                                                                
MS. HENNINGS said  there would be no difference  in the document.                                                               
It would only be a matter of the expiration date changing.                                                                      
                                                                                                                                
SENATOR PASKVAN asked  if an individual who applies for  a job in                                                               
the  private sector  is  now  required to  present  two forms  of                                                               
identification.                                                                                                                 
                                                                                                                                
MS. HENNINGS  replied she believes  that's true. DMV sells  a lot                                                               
of  driving  records  for employment  application  purposes,  she                                                               
added.                                                                                                                          
                                                                                                                                
SENATOR PASKVAN  asked if  in addition to  a driver's  license, a                                                               
person needs to show a Social Security card or passport.                                                                        
                                                                                                                                
MS. HENNINGS said  she believes employers are  required to verify                                                               
Social Security numbers.                                                                                                        
                                                                                                                                
SENATOR  PASKVAN asked  for confirmation  that an  employer would                                                               
not be misled by anyone presenting a driver's license.                                                                          
                                                                                                                                
MS. HENNINGS responded the Social  Security number is not printed                                                               
on the ID card or driver's  license so that would be an indicator                                                               
for an employer of a Social Security number.                                                                                    
                                                                                                                                
SENATOR PASKVAN asked if that  would lead the private employer to                                                               
understand  that the  driver's  license does  not indicate  legal                                                               
status in the US.                                                                                                               
                                                                                                                                
MS.  HENNINGS  agreed it  would  not  be  an indicator  of  legal                                                               
presence.                                                                                                                       
                                                                                                                                
SENATOR  PASKVAN  asked  how  many   illegal  immigrants  may  be                                                               
applying for driver's licenses in Alaska.                                                                                       
                                                                                                                                
MS. HENNINGS said  she had no idea.  Without proper documentation                                                               
DMV denies the application.                                                                                                     
                                                                                                                                
SENATOR PASKVAN asked if there  a problem within DMV with respect                                                               
to this issue.                                                                                                                  
                                                                                                                                
10:12:46 AM                                                                                                                   
MS.  HEMMINGS  replied  there  is   no  problem;  without  proper                                                               
documentation DMV  cannot issue either  a driver's license  or ID                                                               
card.                                                                                                                           
                                                                                                                                
CHAIR WIELECHOWSKI  asked how  many people  present visas  to DMV                                                               
for identification.                                                                                                             
                                                                                                                                
MS.  HENNINGS replied  the division  doesn't keep  those numbers,                                                               
but through  her experience  she assumes  about 10  percent. Many                                                               
summer visitors apply for driver's licenses.                                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI asked  how many visitors would  be required to                                                               
reapply under this bill.                                                                                                        
                                                                                                                                
MS.  HENNINGS answered  most  are summer  visitors,  and are  not                                                               
likely to reapply under this bill for a renewal.                                                                                
                                                                                                                                
10:14:24 AM                                                                                                                   
SENATOR KOOKESH  questioned why  a visitor  would come  to Alaska                                                               
and get a driver's license.                                                                                                     
                                                                                                                                
10:15:14 AM                                                                                                                   
MS. HEMMINGS answered  people from the Lower 48  coming to Alaska                                                               
on vacation  are not  surrendering their  licenses. It  is people                                                               
from   overseas   with  passports   and   visas,   who  have   an                                                               
international  driver's  license.  If   they  don't,  in  private                                                               
business   practice  there   is  concern   about  insurance   and                                                               
liability. So they ask for  documentation to legally drive in our                                                               
state.                                                                                                                          
                                                                                                                                
10:16:36 AM                                                                                                                   
SENATOR  KOOKESH  asked  if licenses  from  another  country  are                                                               
recognized in Alaska.                                                                                                           
                                                                                                                                
MS. HENNINGS answered the foreign  license needs to be translated                                                               
into  the form  of  an international  license.  Some visitors  do                                                               
that; some do not.                                                                                                              
                                                                                                                                
SENATOR KOOKESH  asked if a  French citizen could rent  a vehicle                                                               
in Alaska using his or her French driver's license.                                                                             
                                                                                                                                
MS.  HENNINGS  responded  it  is  up  to  the  individual  rental                                                               
company.                                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI  announced he would limit  public testimony to                                                               
three minutes a person.                                                                                                         
                                                                                                                                
ROBIN BRONEN,  Alaska Immigration  Justice Project, said  this is                                                               
not  a  simplistic piece  of  legislation.  She has  worked  with                                                               
immigrants and  refugees since  1994. Immigration  law is  one of                                                               
the most complex areas of  law. This legislation makes absolutely                                                               
no sense in  terms of immigration status. She also  noted that no                                                               
one has complained about this issue, so what is the purpose.                                                                    
                                                                                                                                
10:19:26 AM                                                                                                                   
She  has worked  as an  attorney with  domestic violence  victims                                                               
since 1988.  At the  Immigration Justice  Project they  work with                                                               
approximately 200 immigrant victims  of violence every year. This                                                               
legislation would  harm them  and prevent  them from  getting the                                                               
necessary identification  to leave an abusive  relationship. Most                                                               
of their clients are married to  US citizens who fail to document                                                               
their  immigration status.  These victims  reside in  places like                                                               
Unalaska, Barrow,  and Ketchikan. This  would trap them  in those                                                               
communities  without protection.  This legislation  would further                                                               
harm domestic violence victims.                                                                                                 
                                                                                                                                
10:21:07 AM                                                                                                                   
JOHN HIRST,  testifying on his  own behalf, said  he is a  UK who                                                               
married a US  citizen and is now a permanent  resident of the US.                                                               
Last year  he went to the  DMV in Anchorage three  separate times                                                               
to get  his Alaska driver's  license. Each time, staff  wanted to                                                               
see his  visa and  proof of  residence before  he was  allowed to                                                               
apply. He  did not  have a visa  or an I-94  card. DMV  staff was                                                               
rude, intimidating,  and disrespectful.  Under the  proposed bill                                                               
he would  not be  allowed an Alaska  driver's license.  DMV staff                                                               
should  not  be making  decisions  regarding  the legality  of  a                                                               
person's immigration status. Legal  immigrants do not always have                                                               
visas.  DMV is  asking for  proof, but  he had  to surrender  his                                                               
Washington state license.                                                                                                       
                                                                                                                                
10:23:02 AM                                                                                                                   
JASON  BAUMETZ, testifying  on  his  own behalf,  said  he is  an                                                               
immigration  attorney  in  Anchorage  and  works  at  the  Alaska                                                               
Immigration Justice  project. He expressed concern  that the bill                                                               
achieves nothing for  the people of the state  and questioned the                                                               
wisdom of  burdening lawful immigrants  with yearly  renewals. He                                                               
pointed out  that nothing in  the bill limits yearly  renewals to                                                               
non-immigrants.  Furthermore, he  said,  the bill  miscomprehends                                                               
the  availability  of  proof  of  immigration  status.  Sometimes                                                               
people routinely don't get proof. He  said he does not have faith                                                               
in  the information  received from  Homeland  Security or  United                                                               
States  Customs  and Immigration  Service,  because  it is  often                                                               
wrong.                                                                                                                          
                                                                                                                                
10:25:15 AM                                                                                                                   
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union  (ACLU)  of Alaska,  said  the  bill raises  concern  about                                                               
constitutional rights and civil  liberties. Courts have looked at                                                               
the issue of  burdening immigrants with a  different license that                                                               
has  less validity  or less  length  of time  than that  of a  US                                                               
citizen. Although  immigrants are  not citizens they  are covered                                                               
under the  equal protection clause. In  certain circumstances the                                                               
courts  will   allow  differential   treatment  if  there   is  a                                                               
justifiable  reason. This  puts  a significant  burden on  lawful                                                               
immigrants;  courts   could  look   askance  at  this.   ACLU  is                                                               
protecting the rights  of those who cannot protect  their own. By                                                               
doing this it protects the rights of all Alaskans.                                                                              
                                                                                                                                
10:27:18 AM                                                                                                                   
CHAIR WIELECHOWSKI closed public testimony.                                                                                     
                                                                                                                                
REP LYNN said his staff would respond to the testimony.                                                                         
                                                                                                                                
MR.  REIKER said  30 other  states and  the District  of Columbia                                                               
already have  this provision  in current law.  It has  never been                                                               
challenged  successfully in  a  federal  court on  constitutional                                                               
grounds. It creates  a situation where Alaska is a  state that is                                                               
more  attractive  to  unlawful  immigrants. It's  an  issue.  All                                                               
testifiers   were   speaking   about   the   current   situation.                                                               
Undocumented  workers   already  can't  get   driver's  licenses.                                                               
Domestic violence  and sexual assault victims  are already barred                                                               
if they are undocumented.                                                                                                       
                                                                                                                                
He stressed  that nothing in  the bill precludes  legal residents                                                               
from renewing  or obtaining  a license. The  concern is  not with                                                               
illegal immigrants; it is with  the expiration date of a driver's                                                               
license. The  concern is that  someone would overstay his  or her                                                               
authorized   length   of   stay.   Indefinite   does   not   mean                                                               
indeterminate  or in  perpetuity. DMV  would accept  any form  of                                                               
documentation.  Their  Alaska  contact for  immigration  services                                                               
says  they are  trying  to  use the  "term  duration of  status,"                                                               
rather than "indefinite."                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI announced he would hold HB 3 in committee.                                                                   

Document Name Date/Time Subjects
HCR 7 version A.pdf SSTA 4/7/2011 9:00:00 AM
HCR 7
HCR 7 - Fiscal Note.pdf SSTA 4/7/2011 9:00:00 AM
HCR 7
HCR 7 - Sponsor Statement.pdf SSTA 4/7/2011 9:00:00 AM
HCR 7
HB 3 - Bill CS H State Affairs.pdf SSTA 4/7/2011 9:00:00 AM
HB 3
HB 3 - Fiscal Note.pdf SSTA 4/7/2011 9:00:00 AM
HB 3
HB 3 - Legal Opinion - Department of Law.pdf SSTA 4/7/2011 9:00:00 AM
HB 3
HB 3 - Sponsor Statement.pdf SSTA 4/7/2011 9:00:00 AM
HB 3
HB 3 - State by State Analysis.pdf SSTA 4/7/2011 9:00:00 AM
HB 3
HB 3 - Opposing Document - Conway.pdf SSTA 4/7/2011 9:00:00 AM
SSTA 4/11/2012 9:00:00 AM
SSTA 4/12/2012 9:00:00 AM
HB 3
SB 117 Allowable Absences.pdf SSTA 4/7/2011 9:00:00 AM
SB 117
SB 117 Changes to Version M.pdf SSTA 4/7/2011 9:00:00 AM
SB 117
SB 117 Legal Opinion - LAA Legal Services March 18 2011.pdf SSTA 4/7/2011 9:00:00 AM
SB 117
SB 117 Sponsor statement.pdf SSTA 4/7/2011 9:00:00 AM
SB 117
SB 117 Support Letter - Denali Borough.pdf SSTA 4/7/2011 9:00:00 AM
SB 117
SB 117 Alaskans Eligible for 10-Year Exemption.pdf SSTA 4/7/2011 9:00:00 AM
SB 117