04/07/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| HCR7 | |
| HB3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| + | HB 3 | TELECONFERENCED | |
| + | HCR 7 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 7, 2011
9:02 a.m.
MEMBERS PRESENT
Senator Bill Wielechowski, Chair
Senator Joe Paskvan, Vice Chair
Senator Albert Kookesh
Senator Kevin Meyer
Senator Cathy Giessel
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 117
"An Act relating to the allowable absence for active duty
service members of the armed forces for purposes of permanent
fund dividend eligibility."
- HEARD & HELD
HOUSE CONCURRENT RESOLUTION NO. 7
Relating to awarding the Alaska Decoration of Honor to certain
members of the military.
- MOVED HCR 7 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(STA)
"An Act relating to issuance of driver's licenses."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 117
SHORT TITLE: PFD ALLOWABLE ABSENCE: MILITARY
SPONSOR(s): SENATOR(s) WIELECHOWSKI
03/30/11 (S) READ THE FIRST TIME - REFERRALS
03/30/11 (S) STA, FIN
04/07/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 3
SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE
SPONSOR(s): REPRESENTATIVE(s) LYNN, HAWKER, CHENAULT, JOHNSON,
GATTO
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) STA, FIN
01/27/11 (H) STA AT 8:00 AM CAPITOL 106
01/27/11 (H) Heard & Held
01/27/11 (H) MINUTE(STA)
02/01/11 (H) STA AT 8:00 AM CAPITOL 106
02/01/11 (H) Moved CSHB 3(STA) Out of Committee
02/01/11 (H) MINUTE(STA)
02/02/11 (H) STA RPT CS(STA) 3DP 4NR
02/02/11 (H) DP: P.WILSON, KELLER, LYNN
02/02/11 (H) NR: JOHANSEN, GRUENBERG, SEATON,
PETERSEN
02/22/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/22/11 (H) Moved CSHB 3(STA) Out of Committee
02/22/11 (H) MINUTE(FIN)
02/23/11 (H) FIN RPT CS(STA) 7DP 4NR
02/23/11 (H) DP: FAIRCLOUGH, T.WILSON, DOOGAN,
NEUMAN, COSTELLO, STOLTZE, THOMAS
02/23/11 (H) NR: GARA, GUTTENBERG, JOULE, EDGMON
02/28/11 (H) TRANSMITTED TO (S)
02/28/11 (H) VERSION: CSHB 3(STA)
03/01/11 (S) READ THE FIRST TIME - REFERRALS
03/01/11 (S) STA, TRA
04/07/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HCR 7
SHORT TITLE: DECORATION OF HONOR
SPONSOR(s): REPRESENTATIVE(s) SADDLER
02/23/11 (H) READ THE FIRST TIME - REFERRALS
02/23/11 (H) MLV
03/10/11 (H) MLV AT 1:00 PM CAPITOL 120
03/10/11 (H) Moved Out of Committee
03/10/11 (H) MINUTE(MLV)
03/11/11 (H) MLV RPT 4DP
03/11/11 (H) DP: GATTO, MILLER, THOMPSON, SADDLER
03/29/11 (H) TRANSMITTED TO (S)
03/29/11 (H) VERSION: HCR 7
03/30/11 (S) READ THE FIRST TIME - REFERRALS
03/30/11 (S) STA
04/07/11 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
MICHAEL CAULFIELD, Staff to Senator Wielechowski
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 117 on behalf of Senator
Wielechowski, the sponsor.
DEBORAH BITNEY, Director
Permanent Fund Division
Department of Revenue (DOR)
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 117.
CHRIS POAG, Assistant Attorney General
Department of Law (DOL)
Permanent Fund Dividend (PFD) Division
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 117.
TIKOT CROFOOT, representing himself
POSITION STATEMENT: Testified in support of SB 117.
TRACY ROSS, representing her husband
POSITION STATEMENT: Testified in support of SB 117.
RIC DAVIDGE
Alaska Veteran's Foundation
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 117.
LISA KIRSCH, Attorney
Legislative Legal Services
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 117.
REPRESENTATIVE BOB LYNN
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 3.
THOMAS REIKER, Staff to Representative Lynn
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented HB 3 for Representative Lynn, the
sponsor.
KERRY HENNINGS, Driver's Licensing Manager
Division of Motor Vehicles
Department of Administration
Anchorage, AK
POSITION STATEMENT: Answered questions regarding HB 3.
ROBIN BRONEN, Attorney
Alaska Immigration Justice Project
Anchorage, AK
POSITION STATEMENT: Testified in opposition to HB 3.
JOHN HIRST, representing himself
Anchorage, AK
POSITION STATEMENT: Testified in opposition to HB 3.
JASON BAUMETZ, representing himself
Anchorage, AK
POSITION STATEMENT: Testified in opposition to HB 3.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska
Anchorage, AK
POSITION STATEMENT: Testified in opposition to HB 3.
ACTION NARRATIVE
9:02:32 AM
CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Paskvan, Giessel, Meyer, and Chair
Wielechowski.
SB 117-PFD ALLOWABLE ABSENCE: MILITARY
9:03:05 AM
CHAIR WIELECHOWSKI announced the first order of business would
be SB 117. This bill would enable Alaskans who join the military
and are deployed out of state to continue receiving Permanent
Fund Dividend checks while serving in the armed forces.
Currently long-term Alaskans who have every intention of
returning to the state are denied their PFDs after ten years.
CHAIR WIELECHOWSKI asked for a motion to adopt the proposed,
version M, committee substitute (CS).
SENATOR PASKVAN moved to adopt the proposed CS for SB 117,
labeled 27-LS0768\M, as the working document.
CHAIR WIELECHOWSKI objected for discussion purposes and asked
his staff to provide an overview of the bill.
9:04:13 AM
MICHAEL CAULFIELD, Staff to Senator Wielechowski, said that as
any Alaskan knows, one of the great benefits of living in the
state is the yearly PFD payment. Most would agree that the PFD
should not be withheld from those with a legitimate reason to be
gone from the state with every intention of returning. Thus, the
state has exemptions for residents absent for reasons like
school, medical treatment, or military service. These exemptions
have a sunset date of ten years, as most people gone for that
long do not intend to return to Alaska. However, some jobs
require people to be gone from the state for longer than 10
years. One of them is congressional service. Alaska's
congressional delegation has to live in Washington D.C. and the
statutes allow for them to receive PFDs past that ten-year
limit.
Another job where Alaskans may not be able to return home for
long periods of time is the military. Members of the armed
forces can't choose where to be stationed, and if they make a
career of the military they may be gone for over ten years.
These brave men and women make great sacrifices to protect us
all, and the least we can do is to make sure they still receive
their PFDs. Senate Bill 117 will provide an exemption for
Alaskan soldiers who are gone for over ten years, just like our
congressional delegation.
MR. CAULFIELD then reviewed the changes in the CS. On page 2,
lines 1-5 require that the soldier receiving the PFD was
actually in the state for three years prior to joining the
military, unless gone for an allowable reason. Lines 6-11
provide a severability clause.
9:06:07 AM
CHAIR WIELECHOWSKI noted there is a legal opinion on the
constitutionality of the bill.
DEBORAH BITNEY, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), said she was available for
questions.
CHAIR WIELECHOWSKI said he has had several constituents raise
this issue with him. Alaskans who are deployed for long periods
of time have problems getting their PFD checks.
9:07:39 AM
SENATOR KOOKESH joined the meeting.
CHAIR WIELECHOWSKI asked how many complaints he's heard.
MS. BITNEY answered probably less than 30, but they were
extremely loud.
SENATOR GIESSEL asked if most were related to military service.
MS. BITNEY answered yes, all were from military members. Most
people who are gone from the state for that length of time are
military.
SENATOR GIESSEL asked if Ms. Bitney had any information about
people within the military who are absent more than 10 years and
who do return to become permanent residents.
MS. BITNEY answered they are researching this question. Her
initial findings were that 78 people this year reside in Alaska
and at some point since 1990 had 10 years or more of absences,
and at least one of those years was for military purposes. She
said being more specific would require more research.
9:10:20 AM
CHRIS POAG, Assistant Attorney General, Department of Law (DOL),
PFD Division, said there is a constitutional concern with this
bill. There's risk of an unequal protection challenge when a
class of residents is broken into new residents and long-term
residents. In Sands v. Roe, which involved welfare benefits for
California residents, new residents for the first year would
receive benefits from the state of origin, not from California.
The court said it was unconstitutional to create two classes of
residents and distribute benefits unequally.
An argument could be made that this bill does something along
those lines. PFD allowable absences include up to 180 days so
long as the intent to return is maintained. There are 16 special
exceptions allowing for absences in excess of 180 days. There
has to be some limit, so the legislature imposed a ten year cap
on allowable absences. It also created an exemption for members
of Congress, their staff, and spouses.
9:14:12 AM
After ten years of service or longer, they are likely to return.
This bill would create another exemption but splits military
allowable absences into two classes. This raises a risk of a
challenge similar to Zobel. DOL believes that the legislature
sees this as a category of people who are likely to return to
the state. DOL would support a lawsuit if the law were to be
challenged. Mr. Poag warned that if there is a constitutional
challenge, the legislature should make clear that it doesn't
want the ten-year rule to go away.
CHAIR WIELECHOWSKI opened public testimony.
TIKOT CROFOOT said he originally left Alaska to attend the Naval
Academy and has been an active duty SEAL for ten years. He is
currently preparing for another deployment to Afghanistan. Two
years ago he was denied his PDF, and has been denied ever since.
He believes that service members and their families are no less
deserving than our congressional delegation. The PFD does
penalize Alaska service members.
MR. CROFOOT said he lived in Alaska since age four, had unbroken
Alaska residency for 28 years, has voted in all elections and
has an Alaska driver's license. Alaska is listed as his home of
record, so the military will pay for him to return to Alaska
when he leaves the service, but not to another state. Both his
parents have been Alaskan residents since 1974. He owns property
in Alaska, and is part owner of a family business in Alaska. He
met all PFD requirements for eligibility prior to military
service. He met the requirements for his first ten years of
military service. Military members deserve the dividend even if
they are outside the state.
9:20:55 AM
MR. CROFOOT said he has heard people say that military members
are trying to milk the system by trying to receive the dividend
when they have resided in Alaska for very little time. It
actually costs him more to return to Alaska each year than he
receives from the dividend. He returns because Alaska is his
home. He urged the committee to support career military members
who intend to return to the state.
9:22:04 AM
CHAIR WIELECHOWSKI said Mr. Crofoot was a big reason why the
bill was brought forward.
SENATOR PASKVAN asked when he expected to retire.
MR. CROFOOT said he will be eligible after 20 years, but
regardless of when he retires, he will return to Alaska.
9:23:27 AM
TRACY ROSS said she was calling on behalf of her husband, Lt.
Colonel Brian Ross, who deployed to the Philippines and is
currently stationed in Okinawa. Alaskan residents who are career
military deserve equal protection under the law and should be
allowed to receive PFDs despite extended absence. Brian was born
in Alaska in 1972, and left in 1990 to attend the Naval Academy.
For the last 18 years he has served around the world. He has
always been registered to vote in Alaska. All his vehicles have
been titled, registered, and licensed in Alaska. He has
significant physical ties to Alaska; his parents and two
brothers live in Alaska. He owns cabins and land near Glenallen.
Their family has made dozens of trips to Alaska totaling over 80
days in the past five years.
MS. ROSS said her husband was first denied a PFD in 2008.
Nothing in his status had changed other than passing the
arbitrary ten year cap. He has filed a superior court judicial
review of his rejection. If he is not an Alaskan resident, then
where is his home? His home of record and state of legal
residence is the state the federal government expects him to
return home to. His home of record is Alaska. In 20 years of
military service he has never changed his home of record.
Despite living in six states and one foreign country, he has
always maintained paper and physical ties to Alaska.
MS. ROSS said that her husband intends to return to Alaska to
live permanently once he retires. Lifetime Alaskans and career
military personnel should continue to receive PFDs.
9:29:23 AM
RIC DAVIDGE, Anchorage, said he holds a number of leadership
positions in veteran organizations in Alaska. The Alaska
Veterans Political Action Committee and the Alaska Veteran's
Foundation have been asking for changes to the PFD status,
especially the ten year rule and the 72 hour rule because of the
cost of returning Alaska to maintain resident status.
Indications of intent to return should be considered. These
people were Alaskans prior to service and intend to be upon
their return. The bottom line is; why are there no exemptions
for military service as opposed to members of Congress, their
staff and spouses. At least, he said, recognize the service and
commitment of service members who intend to return. His son
spent four years active duty in Iraq as well as 8 years military
service. A number of times he had to assist his son to return to
Alaska for the 78 hour requirement.
9:32:10 AM
LISA KIRSCH, Attorney, Legislative Legal Services, said she was
available for questions.
CHAIR WIELECHOWSKI asked her to talk about her legal analysis of
the bill.
MS. KIRSCH said she couldn't really add much to what Mr. Poag
said. The crux of the problem is the three year residency
requirement within the bill. This splits a class of residents
into two groups, which creates an equal protection problem.
9:34:16 AM
CHAIR WIELECHOWSKI said he did not intend to move the bill
today; he wants to work through the constitutional issues. There
was some very compelling testimony. Perhaps home of record could
be included as an indication of eligibility.
SENATOR GIESSEL asked if this would automatically make the
military members' children eligible.
9:35:45 AM
MS. BITNEY said yes, the children are eligible if the military
member is the sponsor.
CHAIR WIELECHOWSKI asked her to comment on the issue of "home of
record."
MS. BITNEY responded any declaration of residency other than
Alaska automatically disqualifies the applicant.
SENATOR PASKVAN asked if there has been any constitutional
analysis of an exemption for those out of state while working
for a private company.
MS. BITNEY answered it would not be considered an allowable
absence if someone was out of state for private employment
purposes.
SENATOR KOOKESH said the distinction is that military personnel
are told where to live.
MS. BITNEY answered that was essentially correct.
9:38:17 AM
CHAIR WIELECHOWSKI closed public testimony and announced he
would hold SB 117 in committee.
HCR 7-DECORATION OF HONOR
9:38:57 AM
CHAIR WIELECHOWSKI announced the next order of business would be
HCR 7, which would award the Alaska Declaration of Honor to
certain members of the military. The award was created in 2007
to honor Alaskans who have made the ultimate sacrifice and lost
their lives while serving the nation. In 2009 the Joint Armed
Services Committee organized a ceremony in Anchorage to
recognize the more than 170 Alaskans since statehood who have
been killed while serving in the armed forces. He thanked
Representative Saddler for bringing forward this year's
resolution.
REPRESENTATIVE DAN SADDLER, sponsor of HCR 7, said the
Declaration of Honor was created in 2007. A medal is awarded
posthumously to military service members either from Alaska or
deployed while stationed in Alaska who were killed in action or
in support of combat action. The legislature must authorize this
by resolution. To date a total of 177 have been awarded. HCR 7
will award another 30 medals to service members and authorize
their families to receive them. While it is his hope to never
have to award this medal again, everyone knows that freedom is
not free.
9:41:05 AM
CHAIR WIELECHOWSKI closed public testimony.
CHAIR WIELECHOWSKI asked the sponsor if he had conferred with
the Department of Military and Veterans Affairs for the names
and correct spellings.
REPRESENTATIVE SADDLER answered yes.
SENATOR PASKVAN moved to report HCR 7 from the Senate State
Affairs Standing Committee with individual recommendations and
attached fiscal note(s). There being no objection, it was so
ordered.
9:43:06 AM
At-ease.
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.
10:31:23 AM
There being no further business to come before the committee,
Chair Wielechowski adjourned the Senate State Affairs Standing
Committee meeting at 10:31 a.m.
| 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 |