Legislature(2013 - 2014)CAPITOL 120
02/04/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR19 | |
| HB212 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 212 | TELECONFERENCED | |
| *+ | HJR 19 | TELECONFERENCED | |
HB 212-DRIVER'S LICENSING EXEMPTION: MILITARY
2:04:42 PM
CO-CHAIR FOSTER announced the final order of business would be
HOUSE BILL NO. 212, "An Act relating to an exemption from driver
licensing requirements for spouses of members of the armed
forces of the United States."
2:04:53 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, informed
the committee HB 212 is an affirmation of Alaska's concern for
its military. He explained that every year hundreds of military
members come to Alaska as part of their honorable service to our
country, and many of these brave men and women are accompanied
by their spouses. While living in Alaska, many spouses would
like to retain their address in their home state. By law, any
new individual moving to Alaska must surrender their residence
in another state within 90 days of arrival in order to obtain an
Alaska driver's license; although members of the military are
exempt from this requirement, their spouses are not exempted.
Alaska is a military-friendly state and it values not only
military members, but also their families, thus it should be of
great importance to Alaskans to make the military members'
transition away from home as easy as possible. Thirty-nine
other states already exempt the military member and their
spouses from this requirement. Included in the committee packet
were at least four messages of support from military spouses
living in Alaska. Representative Isaacson said the bill is not
a free driver's license in that the spouse must have a valid
driver's license issued by another state. He stressed that the
bill does not cover dependents of military members; dependents
would still be required to obtain an Alaska driver's license
from the Division of Motor Vehicles, Department of
Administration. Furthermore, the bill does not request a change
to the Alaska State Constitution, or make an amendment to the
constitution related to the definition of spouse.
Representative Isaacson paraphrased from the sectional analysis
as follows:
or, if a member spouse is 18 years of age or older,
the spouse of a member of the armed forces of the
United States who has a valid driver's license issued
by another jurisdiction
2:08:33 PM
REPRESENTATIVE ISAACSON told two stories of how spouses of
deployed military members were greatly inconvenienced by the
circumstances that HB 212 seeks to change. Alaska does not want
to convey a negative message to members of the military
stationed here; in fact, the committee sponsoring the bill wants
to ensure that - following the lead of thirty-nine other states
- if a spouse is in Alaska due to a military member they are
entitled to the same privilege as the member. He urged for full
support of the bill.
CO-CHAIR LEDOUX inquired as to why a spouse who is 16 years of
age, and who has a valid license in another state, is not
subject to the same rule as a spouse who is 18 years of age.
2:11:46 PM
AMY ERICKSON, Director, Division of Motor Vehicles, Department
of Administration, explained that an individual 16 years of age
could get a provisional license. In further response to Co-
Chair LeDoux, she said a provisional license is issued to a 16-
year-old, which they hold until they are 18 years old, and have
obtained the required 40 hours of driving experience that allows
them to graduate to the next level of license.
REPRESENTATIVE ISAACSON added that a spouse must have a fully
certified driver's license from another state. At 18 years of
age, Alaska would remove the provisional basis from the license
and grant the same privilege of accepting another state's
license.
2:12:52 PM
MS. ERICKSON, in response to Co-Chair LeDoux's question, advised
that other states do have provisional licenses, but she was
uncertain whether all states do so.
CO-CHAIR LEDOUX posed a theoretical question about the
possibility of giving the 16-year-old, who has a provisional
license from his or her home state, the same kind of license, or
letting him/her drive under the same circumstances as they could
drive in their home state.
MS. ERICKSON stated the division's intent is to stay consistent
with Alaska driving laws, because it does not necessarily know
the laws of other states.
2:14:02 PM
REPRESENTATIVE HUGHES clarified that there are rules associated
with provisional licenses that might not be true, or
transferable, in other states with provisional licenses.
REPRESENTATIVE ISAACSON emphasized the bill does not include
dependents as it is the sponsors' intention for individuals with
a fully accredited driver's license from another state to be
able to transfer that license to Alaska. He opined the best
procedure is for the bill to apply to individuals who are fully
certified by their state, and that did not include dependents.
CO-CHAIR LEDOUX said her question applied to a military spouse
who is 16 years old. She expressed her belief that if there
were a feasible way to include these - relatively few -
individuals, "it would be nice to do so."
REPRESENTATIVE ISAACSON acknowledged that "whenever we make
something that's a benefit for some, we won't make it a benefit
for all." He stressed that the bill would help the vast
majority of spouses, but not all in every situation such as
those 16 years of age, or those in a homosexual relationship who
are recognized as a spouse in another state. The intent is to
create equal protection and equal coverage according to the laws
in Alaska, and to make the coverage as broad and applicable as
possible, within certain parameters. Representative Isaacson
concluded that HB 212 will give the greatest number of spouses
the same benefit as their family member.
2:17:27 PM
REPRESENTATIVE HUGHES thanked the sponsor for bringing this
forward as she has children who have served in the military; in
fact, her daughter experienced similar challenges while serving
overseas. She also expressed her belief that commanders will
view this change as an example that Alaska continues to be
military-friendly, and she stated her support for the bill.
CO-CHAIR LEDOUX agreed with the previous speaker. She then
pointed out that supporting documents in the committee packet
indicate that other states have the same rule applying to family
members and asked, "... have you considered making this
available to dependents also who are over the age of 18 years
old?"
REPRESENTATIVE ISAACSON said yes. However, he received
sufficient [negative] feedback due to the more difficult driving
conditions in Alaska, and thus limited the bill to spouses.
REPRESENTATIVE SADDLER questioned whether testimony has been
heard from the Permanent Fund Dividend Division, Department of
Revenue, on the bill's effect on dividend eligibility for
spouses of military members.
REPRESENTATIVE ISAACSON expressed his understanding that "one of
the proofs of ... residency is that you show intent to stay and
that is demonstrated by getting an Alaska driver's license ...."
MS. ERICKSON deferred to the Permanent Fund Dividend Division.
2:21:28 PM
DAN DEBARTOLO, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), responded that eligibility for the
permanent fund dividend (PFD) is "highly situational, and all
depends on an individual's residency situation." If it is the
intent of a military spouse to become a permanent resident of
Alaska and receive the PFD, the division considers obtaining an
Alaska driver's license to be very important. If an individual
makes a conscious choice not to receive an Alaska driver's
license that choice will certainly make it more difficult for
the division to prove the applicant's intent to become an
Alaskan and receive the PFD. Moreover, in the case of a
military spouse, the division often finds that the applicant's
primary residence, automobiles, and possessions are in the
military member's name, thus one of the few "ties" for the
spouse is the Alaska driver's license. Without an Alaska
driver's license, he remarked, "The burden of proof would
certainly increase on the military spouse."
REPRESENTATIVE SADDLER cautioned that the bill carries a benefit
for military families in certain circumstances, but it puts the
PFD at some risk.
REPRESENTATIVE ISAACSON disagreed, noting that if an individual
intends to stay in Alaska, he or she would get their Alaska
driver's license. He cited his personal experience while
serving in the military, and remarked, "So, if someone, again,
is volunteering to do this program they have to recognize that
what they're saying is that their home of record is not Alaska."
REPRESENTATIVE HUGHES inquired whether there was any type of
orientation available to military families to provide
information related to the PFD and other issues.
MR. DEBARTOLO stated that the division and DOR seek to educate
military families specifically about permanent fund dividend and
child support issues. In fact, the division has been making
efforts throughout the state to share information regarding its
programs and, if the bill passes, the division would ensure
those affected are aware.
2:26:00 PM
TIM JONES, Chairman, Military Affairs Committee, Greater
Fairbanks Chamber of Commerce, speaking as a former Garrison
Commander, informed the committee he was not aware of any formal
training targeted at the PFD, however, it is understood among
military members that receiving the PFD proves one's intent to
remain in Alaska; in fact, general knowledge among the military
is that if an individual wants to request a PFD it is necessary
to become an Alaska resident, and to do that an Alaska driver's
license is required. Mr. Jones opined a military service member
and spouse would not make different choices in this regard.
CO-CHAIR LEDOUX asked who prepared the supporting document found
in the committee packet entitled, "Driver's License Information
Page for Active Duty Members."
2:27:53 PM
NATHAN SOLORIO, Intern, Representative Doug Isaacson, Alaska
State Legislature, in response to Co-Chair LeDoux, stated he
researched online to determine what driver's license laws are in
other states, and prepared the Driver's License Information
Page.
CO-CHAIR LEDOUX described a scenario where an individual arrives
in Alaska and establishes residency to qualify for the PFD by
registering to vote. She asked whether an individual could
register to vote in one state and continue to have a driver's
license from another state.
MR. DEBARTOLO related that the division is often presented with
inconsistent actions; however, inconsistencies work against
applicants as the division gathers information. The division
weighs a myriad of factors such as benefits and exemptions from
another state, or moving expenses. In response to Co-Chair
LeDoux, he said the dividend application form does not ask
whether an applicant has a driver's license in another state.
2:31:22 PM
REPRESENTATIVE HUGHES expressed her belief that for a citizen to
vote in a presidential election one does not need to be
registered to vote, but only to show proof of citizenship. She
asked the bill's sponsor whether possession of a driver's
license from another state is sufficient in Alaska to vote for
president and vice-president.
REPRESENTATIVE ISAACSON said his understanding is that the
individual would get an absentee ballot from their state, or
submit a questioned ballot at any location with the appropriate
proof.
REPRESENTATIVE HUGHES requested confirmation.
REPRESENTATIVE ISAACSON offered to provide a definitive answer;
however, one in that situation would not be affected by the bill
because their voting ability would be determined by the Division
of Elections, Office of the Lieutenant Governor. He stressed
that HB 212 would only allow [the spouse of a military member]
to retain their home of record elsewhere. Conversely, if the
spouse prefers to become an Alaska resident and the military
member does not, the spouse is still free to obtain an Alaska
driver's license within 90 days. In response to Representative
Hughes, Representative Isaacson said all members of the military
in Alaska can vote for president.
2:35:16 PM
REPRESENTATIVE GRUENBERG questioned whether the state government
- by paper or online - provides a way of advising individuals of
the potential consequences of their actions; for example, when
applying for a PFD. He warned that these actions may have
serious legal and financial ramifications for an uninformed
family.
MR. DEBARTOLO, speaking on behalf of his division, informed the
committee the division uses its web site as an information
portal to determine the most complicated eligibility decisions.
However, "the cause and effect relationship ... mechanism" is
not on the web site. He said the division has been increasing
its military outreach through a new form entitled "Military
Information Form," which is provided when an applicant declares
a military absence and explains how far back they must retain
their records. He cautioned that the effects of House Bill 52,
passed in the Twenty-Eighth Legislature, and related to
allowable absences, "can hit military the hardest, if they're
not aware ...."
REPRESENTATIVE GRUENBERG offered to explore the need for
legislation directing a department to [develop a program]
guiding residents on their eligibility for the PFD. He observed
that providing such information may alert an applicant to
possible consequences.
REPRESENTATIVE ISAACSON responded positively to Representative
Gruenberg's proposal.
2:40:18 PM
REPRESENTATIVE SADDLER referred to the supporting document
entitled, "Driver's License Information" found in the committee
packet. He pointed out that in Alaska the home state driver's
license is honored until 90 days after an active duty military
member is discharged, and asked Ms. Erickson whether the
proposed legislation directs that the exemption for family
members would also expire after said discharge.
MS. ERICKSON responded that applies to a military member who was
out-of-state.
REPRESENTATIVE SADDLER asked Ms. Erickson if she could cite the
relevant statute and there was no response.
REPRESENTATIVE ISAACSON said the sectional analysis found in the
committee packet identifies the relevant statute. He then
clarified that if a spouse remains in Alaska after the military
member is discharged the exemption no longer applies, and state
law requires that a driver must apply for an Alaska driver's
license after 90 days.
2:42:10 PM
CO-CHAIR FOSTER opened public testimony on HB 212.
2:42:25 PM
TIM JONES, Army Colonel Ret., informed the committee he is a
former Garrison Commander at Fort Wainwright, and is currently
the chairman of the Military Affairs Committee, Greater
Fairbanks Chamber of Commerce (Fairbanks Chamber). He expressed
his support of HB 212, saying this legislation is long overdue.
The Soldiers' and Sailors' Civil Relief Act (SSCRA) has provided
this protection for active duty military but, as pointed out,
the spouses have not received that coverage. He relayed his and
his wife's personal experiences while he was serving in the Army
for 27 years. Regarding concerns about military members or
spouses losing PFD money, in his experience service members do
not have an expectation they will receive the PFD because to
qualify, a commitment and intent to become a resident must be
demonstrated. However, military members understand that one can
only be a resident of one state, although he acknowledged he has
seen instances of individuals trying to avoid paying state
income tax or vehicle taxes. Military legal services make clear
the following: military members can only be a resident of one
state; military members must pay state income taxes; military
members will purchase vehicle tags; and the state's driver's
license rules apply. Mr. Jones opined individuals who want the
PFD will become state citizens, and thus should have to get a
state driver's license. He concluded that HB 212 shows military
families that the sacrifices they make in service to our nation
are appreciated by the people and leaders of Alaska.
2:46:07 PM
ERLING JOHANSEN, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Anchorage), Department of Law
(DOL), advised if the legislature wanted to avoid a possible
constitutional challenge, the bill should accommodate same-sex
domestic partners because DOL has cases from 2005 and 2011 in
which the spousal exemption was subject to an equal protection
challenge.
2:47:12 PM
JIM DODSON, President/CEO, Fairbanks Economic Development
Corporation, testified in support of HB 212. The bill
demonstrates to a service member and to a service member's
spouse the true appreciation Alaskans feel for military members,
and it thanks them for their service. He urged the committee to
support the bill.
2:48:10 PM
CO-CHAIR FOSTER, after ascertaining that no one else wished to
testify, closed public testimony.
REPRESENTATIVE SADDLER stated he was proud to serve in a
legislature and state that are so welcoming to their service
members. The bill is evidence of Alaskans' desire to extend a
welcoming hand to lower the burden of military service and life
in Alaska, and he said he supports the bill.
2:48:54 PM
CO-CHAIR FOSTER said an amendment was forthcoming thus HB 212
was held over.
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