Legislature(2013 - 2014)BUTROVICH 205
04/04/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| HJR12 | |
| HB1 | |
| HB113 | |
| HCR6 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 1 | TELECONFERENCED | |
| + | HB 113 | TELECONFERENCED | |
| + | HCR 6 | TELECONFERENCED | |
| + | HJR 12 | TELECONFERENCED | |
| *+ | SB 64 | TELECONFERENCED | |
HB 1-DURATION OF DRIVER'S LICENSE
9:16:13 AM
CHAIR DYSON announced that the next order of business would be
HB 1. [CSHB 1(STA) AM was before the committee.]
REPRESENTATIVE BOB LYNN, sponsor of HB 1, introduced the bill to
the committee. He said the bill does one thing; it permits the
Department of Motor Vehicles (DMV) to issue a driver's license
for less than five years. He pointed out that today a person can
walk into a DMV with a visa that expires in two weeks and obtain
a driver's license for five years. HB 1 links the duration of a
driver's license to the duration of a legal document. In rare
cases such as when a person has a visa for an indefinite period
for refugee status or asylum, a driver's license can be issued
for a year with a renewal for up to five years with no
additional cost to the applicant. This bill does not change how
anyone currently obtains a driver's license and it does not
change who can get one.
He said that HB 1 is considered "best practices" by the American
Association of Motor Vehicles. A similar bill has passed in 36
states plus the District of Columbia. The House State Affairs
Committee and the House Judiciary Committee vetted the bill, as
has the Department of Law and Legal Services.
CHAIR DYSON referred to a letter from the University of Alaska.
He explained the letter raises the question as to how the bill
would affect foreign students.
9:19:15 AM
DEAN WAUSON, Supervisory Special Agent, Homeland Security
Investigations, Immigration and Customs Enforcement, U.S.
Department of Homeland Security (DHS), testified in support of
HB 1. He explained his involvement with enforcing immigration
law. He agreed with Representative Lynn's opinion of the bill as
it relates to immigration law. He offered to answer questions
regarding foreign students and the application of the law.
CHAIR DYSON asked if DHS is comfortable with the bill.
MR. WAUSON clarified that he is representing himself today, not
DHS.
CHAIR DYSON asked if DHS has taken an official position.
MR. WAUSON said no.
SENATOR GIESSEL asked if the federal government determines a
person's legal presence in this country and how long they can
stay.
MR. WAUSON said yes.
9:22:26 AM
SENATOR GIESSEL asked why it is a problem to have a driver's
license beyond the expiration date of a visa.
MR. WAUSON explained it becomes a problem when the visa is used
as an identification card. For example, a person currently is
able to obtain a driver's license that's good for five years
even if their visa expires next week. That allows an individual
to further an illegal presence in the United States and could
lead to illegal employment and other benefits.
CHAIR DYSON suggested that unemployment insurance, welfare, and
other issues could also be abused. A driver's license validates
their qualifying for those benefits.
MR. WAUSON said that is correct. He explained that HB 1 would
provide for issuing a driver's license only for the period of
time a person may legally remain in the country. It would apply
mainly to foreign visitors, not immigrants.
9:25:33 AM
CHAIR DYSON asked when someone's visa expires, how the agency
finds out if they have left the country.
MR. WAUSON said in some cases the agency knows and in some cases
they don't.
9:26:09 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV),
Department of Administration, answered questions related to HB
1.
CHAIR DYSON said he is impressed by how well DMV works. He asked
which credentials are required in order for a non-American to
get a driver's license.
MS. ERICKSON listed the credentials: a foreign passport, a
resident alien or temporary resident alien authorization, or
evidence of comparable validity, such as a birth certificate
abroad.
CHAIR DYSON asked what Alaskans need.
MS. ERICKSON said they would need a social security card, birth
certificate, or marriage license.
SENATOR GIESSEL asked what a foreign student would have to
present to DMV in order to obtain a license.
MS. ERICKSON responded that they would need an F-1 visa, a
foreign passport, and an I-120 Form.
SENATOR GIESSEL asked how many foreign students have been
processed.
MS. ERICKSON deferred to DMV to answer.
9:28:58 AM
MR. WAUSON explained that an F-1 student would have a passport
and an F-1 visa in order to enter the United States. The F-1
visa only lasts a few days and would not be indicative of the
duration of status. An I-120 form would show lawful admission
and the duration of their stay. Foreign students are in a
category of individuals whose time period is less narrowly
defined. The university is required to provide documentation of
enrollment verification every semester to DHS.
SENATOR GIESSEL related her son's positive experience with
foreign students in college in Fairbanks. She noted that foreign
students were involved in 9/11.
MR. WAUSON agreed that foreign students do pose a significant
threat. He said one of the priorities of the Homeland Office is
to keep an eye on foreign students.
CHAIR DYSON asked what happens to a student who must extend the
length of their stay.
MR. WAUSON explained that the process is not so important
because they are a student and can apply to immigration to
change the duration of their stay. They would be eligible for
temporary relief and eligible to obtain documentation from
Citizenship and Immigration Services stating their current
status.
9:34:10 AM
CHAIR DYSON gave an example a foreign student who is in school
for 48 months to get a degree and becomes injured and has to
leave school for a time.
MR. WAUSON explained that the student could easily extend their
status.
CHAIR DYSON noted the arrival of Senator Wielechowski.
SENATOR WIELECHOWSKI asked about applying for a driver's
license.
CHAIR DYSON said the question has been answered.
MS. ERICKSON reiterated the process.
SENATOR WIELECHOWSKI noted a U.S. Supreme Court case on the
purpose of driver's licenses - United States v. Campos-Serrano.
He said the primary purpose of a driver's license is to allow
its bearer to lawfully drive a car. He asked if that is still
the law.
MS. ERICKSON said yes.
SENATOR WIELECHOWSKI asked if a driver's license is intended to
document ones immigration status.
MS. ERICKSON said it is not.
CHAIR DYSON related that people often misuse driver's licenses
and try to claim immigration status in order to apply for
benefits.
9:37:42 AM
SENATOR WIELECHOWSKI asked if people can renew their licenses by
mail.
MS. ERICKSON said yes, if they have not renewed by mail the
previous time.
SENATOR WIELECHOWSKI gave an example of someone who moved to
Alaska on a temporary visa and their job requires them to stay
longer. He inquired if that person can mail in a renewal.
MS. ERICKSON deferred to someone from DMV to answer.
SHELLY MELLOT, Deputy Director, Division of Motor Vehicles,
Department of Administration, answered questions related to HB
1. She described the process whereby people in rural Alaska can
mail in their renewal application if there is no DMV available.
SENATOR WIELECHOWSKI understood that there was a renewal-by-
mail-provision that was stricken in the House.
FORREST WOLFE, Staff, Representative Bob Lynn, explained that
the phrase "by mail" was removed at DMV's recommendation because
they felt it might be too limiting. In the future licensing may
be done on the internet.
9:40:38 AM
SENATOR WIELECHOWSKI continued with his example of a person in
Aniak with a three-month visa that expires so the person renews
their driver's license by mail. He asked if the bill would allow
the license to be automatically renewed and for what period of
time.
CHAIR DYSON assumed if the bill passes, the driver's license
would have only been extended to the end of the visa period.
MS.MELLOT said Senator Dyson is correct. She explained the
license would have been initially issues for 90 days and to get
it renewed they would need to send in information that shows the
visa was extended. The license would be extended for the time
the visa stated.
SENATOR WIELECHOWSKI concluded that under the bill the license
could be renewed solely by mail.
MS.MELLOT said yes.
9:42:21 AM
JEFFERY MITTMAN, Executive Director, American Civil Liberties
Union (ACLU) of Alaska, provided testimony in opposition to HB
1. He suggested that the committee contact Margaret Stock, an
attorney who specializes in this issue.
He noted that a driver's license does not establish residency.
He stressed that the purpose of the license is to allow one to
drive safely. A variety of states require that individuals who
are not in the country legally cannot drive. Some states have
decided that it is better practice to have the DMV ensure that
the roads are safe and those who are driving are insured and
know how to drive.
He noted that the bill deals with those who are lawfully
present. The ACLU questions how the federal government would
view a bill that treats lawful immigrants who are a suspect
class under the law, differently than citizens. He spoke in
opposition to the provision in the bill that requires a
temporary worker to experience the burden of renewal. He
maintained there is no benefit to the state. He recalled case
law. He suggested that it is the federal government's
responsibility to govern immigration status and lawful presence.
9:46:27 AM
SENATOR COGHILL asked if there are lawsuits against other
entities that require identification, such as banks or TSA.
MR. MITTMAN said there have been none to date. He gave an
example of a situation where a driver's license is not adequate
for identification such as lawful presence in the country. He
noted that REAL ID has imposed some additional requirements;
however, Alaska has stated that it does not want a national ID
card.
9:48:30 AM
SENATOR COGHILL shared a story about a person who could not
travel without a driver's license. He spoke of the variation in
visas and the fact that the license cannot track the duration of
a visa. He questioned a greater restriction on using driver's
licenses.
MR. MITTMAN suggested getting Attorney Stock's opinion. He
opined that it is not fair to the DMV to assume they will become
experts in the area of types of visas.
9:50:40 AM
MR. COONS inquired if the person who is not a citizen could use
their driver's license to sign up for voter registration and
vote. He asked how voter registration would know whether the
person is an alien and not eligible to vote. He wondered if the
licenses are flagged when the visa expires.
He stated full support for HB 1 because it gives law enforcement
officers a valuable tool in determining those who are legally in
the United States.
MS. ERICKSON explained that when a person fills out an
application for a driver's license, they are asked if they are a
U.S. citizen and they can register to vote at that time.
CHAIR DYSON restated Mr. Coons' question about qualifying to
vote.
MR. WOLFE understood that more documentation showing U.S.
citizenship must be shown in order to vote, such as a social
security card.
CHAIR DYSON agreed.
MR. COONS reiterated his question about flagging driver's
licenses.
9:55:02 AM
MR. WOLFE, clarified that the license is not flagged, just the
expiration date. They would have to prove their length of state
was approved.
SENATOR WIELECHOWSKI asked how many licenses are issued to non-
Americans.
MS.MELLOT said DMV does not keep track of that.
SENATOR WIELECHOWSKI inquired if the bill fixes a problem that
exists.
MS. ERICKSON could not say whether DMV is fixing a problem, but
noted that it supports the legislation.
SENATOR WIELECHOWSKI asked if DMV is in the business of
immigration.
MR. WAUSON addressed the question. He said misuse of a driver's
license is a problem. He knew of people in the country illegally
who traveled to Alaska to get the 5-year license and said it
happens on a regular basis.
He addressed a previous question about applying for the license
by mail. He pointed out that even though Mr. Mittman clouded the
issue between immigrants and non-immigrants, he said that under
HB 1, an immigrant would be handled the same way as a U.S.
citizen and be issued 5-year driver's license. A non-immigrant
with a defined period of stay doesn't need an Alaska driver's
license. Temporary visitors for work or tourism for 90 days can
drive using their foreign licenses.
9:59:54 AM
SENATOR WIELECHOWSKI asked if the bill is a furthering of the
federal REAL ID law.
MR. WAUSON said he did not know.
MR. WOLFE said it has nothing to do with it.
SENATOR WIELECHOWSKI asked what the purpose of the bill is.
MR. WOLFE responded that sponsor does not believe that Alaska
should be issuing official documentation that outlasts and
contradicts the federal government's documentation. Also,
someone can get a driver's license even though their visa is
soon to expire. This legislation is already on the books in 36
states and has never been challenged.
SENATOR WIELECHOWSKI asked if the legislation is for making sure
Alaska has qualified drivers or for immigration reasons.
MR. WOLFE said has nothing to do with immigration. The
provisions are for temporary visitors.
SENATOR WIELECHOWSKI continued to argue the issue.
MR. WOLFE replied that the bill does determine whether a
temporary visitor is allowed to drive or not and it is an
officially recognized piece of identification.
10:03:20 AM
SENATOR WIELECHOWSKI noted that there are many Hmong in his
district and many refugees without identification. He asked how
this legislation would affect them.
CHAIR DYSON suggested DHS answer the question.
MR. WAUSON said all refugees are eligible for employment
documents for one-year periods while their legal status is being
checked. He noted Laos refugees are not illegal and do have
documentation of their arrivals. After a year they can apply
for, and receive, residency.
SENATOR WIELECHOWSKI stated he believes that DMV is becoming a
de facto immigration regulator. He maintained that the federal
government should regulate immigration.
10:07:04 AM
CHAIR DYSON understood that the sponsor intends to keep the
Alaska driver's license from becoming something other than a
license.
MR. WOLFE agreed.
SENATOR WIELECHOWSKI questioned why DMV needs this bill. Other
organizations decide which documents prove immigration status.
He wished to know what the purpose of issuing drivers' licenses
is.
MS. ERICKSON said DMV does not intend to become an immigration
enforcement agency. She said DMV would continue to evaluate
government-provided documents and issues licenses based on the
information on the documents.
SENATOR WIELECHOWSKI restated his question.
SENATOR COGHILL maintained that the question has been answered.
SENATOR WIELECHOWSKI disagreed.
CHAIR DYSON pointed out that a DMV driver's license is used as
identification to buy liquor. People are using the license for
other purposes, which is not DMV's fault. The bill is trying to
make sure people are not using their licenses illegally.
He noted that the sponsor agrees.
SENATOR WIELECHOWSKI asked about the Hmong identification issue
and whether the bill will impact their ability to get a license.
10:10:01 AM
MS. ERICKSON understood that it would not. She said the Hmong
are refugees and have some form of documentation.
SENATOR WIELECHOWSKI noted that many do not have documentation.
CHAIR DYSON said that issue needs to be taken up with
immigration.
SENATOR GIESSEL referred to an email from Ms. Stock and a letter
from the Attorney General that states there is no basis for a
constitutional challenge of HB 1.
SENATOR WIELECHOWSKI asked if they could hear from Ms. Stock.
MR. WOLFE said Ms. Stock has been invited to three committee
hearings and has not attended. He suggested Mr. Wauson could
refute her testimony.
SENATOR WIELECHOWSKI asked if she has been asked to testify.
CHAIR DYSON said no, nor has she volunteered to testify.
SENATOR WIELECHOWSKI asked what the next committee of referral
is.
CHAIR DYSON did not think the bill had a Judiciary referral.
SENATOR COGHILL said it didn't.
MR. WOLFE said it was vetted in House Judiciary where Ms.
Stock's issues were rebutted. He noted letters of support.
10:13:25 AM
CHAIR DYSON asked if there were court challenges in the other 36
states.
MR. WOLFE said never. He noted a review of the bill by
Representative Gruenberg that discovered no problems.
CHAIR DYSON asked how long the states have had this legislation.
MR. WOLFE offered to find out.
CHAIR DYSON inquired if it was more than a year.
MR. WOLFE said yes.
CHAIR DYSON asked which version was before the committee.
MR. WOLFE said version 28-LS0008\O.A.
10:15:06 AM
SENATOR GIESSEL moved to report CS for HB 1, labeled 28-
LS0008\O.A, from committee with individual recommendations and
attached zero fiscal note.
SENATOR WIELECHOWSKI objected. He asked if the bill has a
referral to another committee.
CHAIR DYSON thought it went to Senate Rules Committee.
MR. WOLFE said that is correct.
SENATOR WIELECHOWSKI stated that he has to object to moving the
bill because it is a fairly major change in law and there are no
more referrals. He said he needs more time to study the bill.
A roll call vote was taken. Senators Giessel, Coghill, and Chair
Dyson voted in favor of reporting HB 1 from committee and
Senator Wielechowski voted against it. Therefore, CSHB 1(STA) am
passed from the Senate State Affairs Standing Committee by a 3:1
vote.