02/18/2013 01:00 PM House JUDICIARY

            HB 1 - REQUIREMENTS FOR DRIVER'S LICENSE                                                                        
                                                                                                                                
1:04:19 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
HOUSE  BILL NO.  1,  "An  Act relating  to  issuance of  drivers'                                                               
licenses."  [Before the committee was CSHB 1(STA).]                                                                             
                                                                                                                                
REPRESENTATIVE  LYNN,  as  one   of  the  joint  prime  sponsors,                                                               
characterized HB  1 as  a "commonsense  bill" and  explained that                                                               
under it:  the Division of  Motor Vehicles (DMV) would be able to                                                               
issue a  foreign person a driver's  license for a period  of less                                                               
than  five years  if  the person  is authorized  to  stay in  the                                                               
United States for  less than five years or  indefinitely; and the                                                               
foreign  person, [for  a period  of up  to five  years after  the                                                               
license  is first  issued,]  may  be able  to  renew the  license                                                               
without  fee,  though  if  the   period  of  authorized  stay  is                                                               
indefinite,  the license  shall have  to be  renewed yearly.   He                                                               
offered  his  understanding that  under  current  law, a  foreign                                                               
person who  is authorized to  stay in  the country for  less than                                                               
five years can  still obtain a driver's license  that's valid for                                                               
five years,  and opined  that this  doesn't any  make sense.   In                                                               
conclusion  he  surmised  that  the   DMV  would  be  capable  of                                                               
complying with HB 1.                                                                                                            
                                                                                                                                
1:06:19 PM                                                                                                                    
                                                                                                                                
FORREST  WOLFE,  Staff, Representative  Bob  Lynn,  on behalf  of                                                               
Representative Lynn,  one of  the joint prime  sponsors of  HB 1,                                                               
pointed out that it's the  federal government that determines how                                                               
long foreign persons  may legally stay in the  United States, and                                                               
remarked that the state should  not be issuing [driver's licenses                                                               
that are  valid] in excess  of such  federally-authorized lengths                                                               
of stay.  House Bill 1  would authorize the DMV to issue driver's                                                               
licenses  with  durations of  less  than  five years  in  certain                                                               
circumstances.    He offered  his  understanding  that under  the                                                               
bill, foreign  persons whose federally-authorized length  of stay                                                               
is less than five years  would have their driver's license expire                                                               
at the  same time  as the  authorized length  of stay;  that this                                                               
reflects best  practice according to the  American Association of                                                               
Motor Vehicle  Administrators (AAMVA);  and that 36  other states                                                               
and the District of Columbia have similar laws/regulations.                                                                     
                                                                                                                                
MR.  WOLFE, too,  noted  that  under the  bill,  renewal of  such                                                               
driver's licenses  would be  without fee  for a  period of  up to                                                               
five years  after the license  is first  issued; and that  if the                                                               
period of authorized  stay is indefinite, the  license shall have                                                               
to  be renewed  yearly.   House  Bill 1  addresses only  driver's                                                               
licenses,  not   State-issued  identification  (ID)   cards,  and                                                               
wouldn't change how a person  obtains a driver's license, or what                                                               
documentation shall  be required by  the DMV.   If a  person uses                                                               
what he  referred to as "immigration"  documentation to establish                                                               
his/her identity,  however, then the  DMV shall issue  a driver's                                                               
license  with   the  same  expiration   date  as  used   in  that                                                               
documentation.   Similar  legislation,  he  noted in  conclusion,                                                               
passed the House  during the last legislature.  In  response to a                                                               
question, he  offered his belief  that HB 1 would  not negatively                                                               
impact  people living  in rural  Alaska  any more  than it  would                                                               
those living elsewhere in Alaska.                                                                                               
                                                                                                                                
REPRESENTATIVE MILLETT  referred to a letter  in members' packets                                                               
from attorney  Margaret Stock expressing  points of  concern with                                                               
HB  1 and  noting  that similar  laws in  other  states have  not                                                               
withstood legal  challenge, and  questioned whether  research has                                                               
been conducted into  the constitutionality of HB  1, into whether                                                               
the DMV would be  able to comply the bill, and  into how the bill                                                               
would impact Alaska's foreign seasonal workers.                                                                                 
                                                                                                                                
REPRESENTATIVE LYNN  reiterated that HB  1 would provide  the DMV                                                               
with the authority  to issue driver's licenses  with durations of                                                               
less than five years.                                                                                                           
                                                                                                                                
1:13:47 PM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of Administration  (DOA),  relayed that  none of  the                                                               
DMV's practices would  change under HB 1, and  that DMV employees                                                               
have  been  trained  to  deal with  the  documents  required  for                                                               
driver's licenses.                                                                                                              
                                                                                                                                
1:14:42 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA),  in response  to a question,  said she  herself was                                                               
not  aware  of any  challenges  to  laws  similar to  that  being                                                               
proposed by HB 1.                                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  disclosed that  he knows Ms.  Stock, an                                                               
expert in  immigration law and  a former professor at  the United                                                               
States Military Academy  West Point.  He then  suggested that the                                                               
title of HB 1 be narrowed.                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN said he would not object to doing so.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed  concern  that  HB  1  could                                                               
result  in practical  problems for  those  living in  communities                                                               
that do not have a DMV office.                                                                                                  
                                                                                                                                
1:19:42 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal Division, Department of Law  (DOL), relayed that the DOL                                                               
has  reviewed  HB 1  and  has  found no  constitutional  problems                                                               
with it.                                                                                                                        
                                                                                                                                
CHAIR  KELLER  observed  that the  bill  itself  doesn't  address                                                               
documentation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX, in response to  a question, noted that the                                                               
aforementioned letter  from Ms.  Stock includes a  statistic from                                                               
the  Center  for  Migration   Studies  indicating  that  Alaska's                                                               
unauthorized immigrant population is less than 5,000 people.                                                                    
                                                                                                                                
REPRESENTATIVE    GRUENBERG    pointed    out    that    existing                                                               
AS 28.15.101(c)(1)  says  that  a driver's  license  may  not  be                                                               
renewed  by mail  if the  most recent  renewal was  by mail,  and                                                               
surmised,  therefore, that  under HB  1, a  foreign person  would                                                               
have to renew his/her driver's license  in person at a DMV office                                                               
at least  every other time he/she  renews it.  This  could become                                                               
onerous for those living in rural Alaska.                                                                                       
                                                                                                                                
1:25:39 PM                                                                                                                    
                                                                                                                                
MATTHEW KERR  opined that  HB 1  would needlessly  bloat Alaska's                                                               
bureaucracy, would  slow down  processing at  the DMV,  and would                                                               
cause a lot of trouble to people  who are following the law - all                                                               
to  solve a  nonexistent problem  in Alaska.   He  questioned the                                                               
legislature's  goal in  limiting  the validity  of some  driver's                                                               
licenses.   If  it's not  to address  an immigration  issue, then                                                               
what type of  driving violation would warrant  such a limitation?                                                               
Would  the State  of  Alaska prefer  that  foreign people  simply                                                               
continue  to  use their  foreign  driver's  licenses?   For  many                                                               
individuals, the  period of legal  presence in the  United States                                                               
can change  on a daily/weekly  basis, often changing  faster than                                                               
the associated documentation.  Even  under existing law, a friend                                                               
of  his   in  the  country   legally,  he  relayed,  had   to  go                                                               
"DMV shopping"  in   order  to  find  DMV   personnel  who  could                                                               
comprehend his  complete and correct  documentation.   It appears                                                               
that  the concept  of  HB  1 is  derived  from  a simplified  and                                                               
utopian  view  of  U.S.  immigration  law,  a  view  that  fails,                                                               
however, to comprehend what an  expensive, bureaucratic mess HB 1                                                               
would  create.   In conclusion,  he said  he supports  having the                                                               
drivers who  share the road  with him pass the  DMV's examination                                                               
requirements, but  doesn't support punishing foreign  persons who                                                               
are  in the  country legally,  and that  that is  why he  opposes                                                               
HB 1.                                                                                                                           
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
DEAN  WAUSON   -  after  referring   to  points  raised   in  the                                                               
aforementioned letter  by Ms. Stock  and by  previous testifiers,                                                               
and  mentioning  that  he enforces  federal  immigration  laws  -                                                               
characterized HB  1 as  a commonsense  piece of  legislation, and                                                               
offered his  belief that it  wouldn't cause any problems  for the                                                               
DMV or increase anyone's costs.                                                                                                 
                                                                                                                                
1:33:18 PM                                                                                                                    
                                                                                                                                
JEFFREY  LANDFIELD  said  he  doesn't think  that  Alaska  has  a                                                               
problem needing  to be solved by  HB 1, and that  he believes the                                                               
bill would  massively increase bureaucracy.   Mentioning  that he                                                               
has  a  lot of  foreign  friends  in  the country  legally  under                                                               
different  statuses, he,  too, offered  an example  of a  foreign                                                               
person, a  student, in the  country legally who couldn't  get DMV                                                               
personnel  to   comprehend  the   documentation  provided.     He                                                               
characterized HB 1  as having everything to  do with immigration,                                                               
and said he  doesn't think that the DMV is  equipped to deal with                                                               
such  a complex  issue.   In  conclusion, he  reiterated that  he                                                               
doesn't  think a  problem exists  in Alaska,  and predicted  that                                                               
HB 1 would  instead cause  problems, and  would be  expensive and                                                               
burdensome for the people it applies to.                                                                                        
                                                                                                                                
CHAIR KELLER  observed that the  DMV has submitted a  zero fiscal                                                               
note for HB 1.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN,  in  conclusion,  said  that  under  HB  1,                                                               
foreign persons would  have their driver's license  expire at the                                                               
same  time as  their  foreign documentation;  that this  reflects                                                               
best practice; and that other states have passed similar laws.                                                                  
                                                                                                                                
MR.  LANDFIELD  pointed  out, however,  that  such  documentation                                                               
wouldn't  necessarily  reflect  the most  up-to-date  information                                                               
about the foreign person's status and legal presence.                                                                           
                                                                                                                                
CHAIR   KELLER  closed   public  testimony,   and  relayed   that                                                               
[CSHB 1(STA)] would be held over.