Legislature(2011 - 2012)BUTROVICH 205
04/07/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| HCR7 | |
| HB3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| + | HB 3 | TELECONFERENCED | |
| + | HCR 7 | TELECONFERENCED | |
| + | 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 |