02/05/2009 08:00 AM House STATE AFFAIRS

HB   3-REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                                                 
                                                                                                                                
8:03:58 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  only order of business  was HOUSE                                                               
BILL NO. 3, "An Act  relating to issuance of identification cards                                                               
and  to  issuance of  driver's  licenses;  and providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
8:04:49 AM                                                                                                                    
                                                                                                                                
DIRK  MOFFATT,  Staff,  Representative  Bob  Lynn,  Alaska  State                                                               
Legislature,  presented HB  3 on  behalf of  Representative Lynn,                                                               
co-prime  sponsor.   He  said  the  proposed bill  would  require                                                               
people  to show  documentary evidence  that they  are legally  in                                                               
Alaska and  that they are  who they say  they are.   Further, the                                                               
legislation proposes that a license  would expire when a person's                                                               
legal presence expires.   He stated the sponsors'  belief that if                                                               
a  person does  not have  a legal  right to  walk down  a street,                                                               
he/she should  not be given  the legal  right to drive  down that                                                               
same  street.    A  person already  possessing  current  driver's                                                               
licenses will  not have to  show proof of identity  until his/her                                                               
license expires beyond 90 days  or he/she receives a citation for                                                               
driving under the influence (DUI).   In those instances, a person                                                               
would have  to go through the  same process as someone  would who                                                               
has  just arrived  in Alaska.   Mr.  Moffatt mentioned  visas and                                                               
indicated  that the  proposed  law would  "flex"  according to  a                                                               
person's legal presence.                                                                                                        
                                                                                                                                
8:07:26 AM                                                                                                                    
                                                                                                                                
WHITNEY   BREWSTER,  Director,   Division   of  Motor   Vehicles,                                                               
Department of Administration, stated that  the DMV supports HB 3.                                                               
She  explained that  currently, the  DMV is  required to  issue a                                                               
five-year  driver's license  to  a person,  even  if that  person                                                               
presents  a visa  that shows  it will  expire in  two days.   The                                                               
proposed legislation would  change that so that the  DMV would be                                                               
issuing  driver's  licenses  or identification  (ID)  cards  with                                                               
expiration  dates that  match the  length of  the person's  legal                                                               
presence.  Ms. Brewster related that  Alaska is one of six states                                                               
that currently do  not have "legal presence"  [legislation].  The                                                               
other  states are:   Washington,  Maine, Illinois,  Maryland, and                                                               
New Mexico.                                                                                                                     
                                                                                                                                
MS.  BREWSTER said  there is  a  $15,000 fiscal  note that  would                                                               
cover programming to allow the  DMV the flexibility to change the                                                               
expiration  date  within  its  system.   She  offered  to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
8:08:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  said last  year a foreign  exchange student                                                               
from Sweden stayed with his family  and was thrilled that she had                                                               
a license  that outlasted her  visa, because of reciprocity.   He                                                               
asked for  confirmation that that  would no longer happen  if the                                                               
bill were to pass.                                                                                                              
                                                                                                                                
MS. BREWSTER  confirmed that is  true; according to HB  3, unless                                                               
the expiration  date of the  visa was changed, the  expiration of                                                               
the driver's license could not be set beyond that date.                                                                         
                                                                                                                                
8:10:18 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,  in response  to  a  question from  Representative                                                               
Johnson,  said the  DMV does  not  send out  notification when  a                                                               
person's  license  has  expired.   In  response  to  a  follow-up                                                               
question, she  said a  concealed carry  card could  be used  as a                                                               
secondary document for  identification, but would not  serve as a                                                               
primary document.                                                                                                               
                                                                                                                                
REPRESENTATIVE   JOHNSON  remarked   that  unlike   the  driver's                                                               
license, the  concealed carry card  does not show  the expiration                                                               
date on it.                                                                                                                     
                                                                                                                                
8:12:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PETERSEN   offered    his   understanding   that                                                               
legislation passed  last year that prohibited  the legislature in                                                               
regard to the federal REAL ID Act.                                                                                              
                                                                                                                                
MS. BREWSTER  confirmed that both  House Joint Resolution  19 and                                                               
Senate  Bill 202  passed.   She  assured Representative  Petersen                                                               
that the DMV has since neither  made a move forward nor spent any                                                               
funds to implement the REAL ID Act.   She said it is important to                                                               
note that  the issue of legal  presence was being discussed  as a                                                               
policy issue  long before the REAL  ID Act was in  anyone's mind.                                                               
She emphasized  that there are  many states that oppose  the REAL                                                               
ID Act  but have laws  regarding legal presence.   She concluded,                                                               
"So, I consider them two separate policy issues."                                                                               
                                                                                                                                
8:14:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  mentioned  observing  migrant  workers  in                                                               
California who  drove on private  property as part of  their job.                                                               
He said  he is not certain  whether or not those  migrant workers                                                               
possessed valid driver's  licenses or current visas,  but he said                                                               
the farms  could not operate  without them.   He said one  of the                                                               
consequences  of the  proposed legislation  is that  a person  in                                                               
Alaska  whose visa  has  expired would  be  driving illegally  in                                                               
Alaska.   He  clarified that  he still  supports HB  3, but  just                                                               
wants that information known.                                                                                                   
                                                                                                                                
8:16:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WILSON   said   she  imagines   the   government                                                               
facilitates the  issuance of  visas to  those migrant  workers to                                                               
enable them to work.                                                                                                            
                                                                                                                                
8:17:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN talked  about  people who  come to  work                                                               
summers in Alaska.   He said some of them may  need to drive, but                                                               
may be here without a visa,  and he questioned whether that would                                                               
cause a hardship for the canneries in Alaska, for example.                                                                      
                                                                                                                                
8:18:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  proffered that in Wrangell,  Alaska, there                                                               
is a cannery, and many workers  are driven back and forth to work                                                               
or walk.                                                                                                                        
                                                                                                                                
8:19:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  observed that no one  from the judicial                                                               
system is present to testify.                                                                                                   
                                                                                                                                
MS. BREWSTER,  in response to Representative  Gruenberg, said she                                                               
does not know  how many people the bill may  impact.  In response                                                               
to  a  follow-up question,  she  said  the  cost savings  to  the                                                               
division  would be  nominal,  because the  cost  to produce  each                                                               
license is low.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  thinks it is  unfortunate that                                                               
there is  no information available  regarding those who  would be                                                               
affected  by the  bill.   He mentioned  those involved  in public                                                               
safety,  the judicial  system, and  the prosecutor's  office, and                                                               
asked Ms.  Brewster if she knows  how many of those  entities may                                                               
be affected by the bill.                                                                                                        
                                                                                                                                
MS. BREWSTER answered no.                                                                                                       
                                                                                                                                
CHAIR  LYNN  suggested  that  the  House  Finance  Committee  may                                                               
consider this issue.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that  a referral  to the  House                                                               
Judiciary  Standing Committee  is  advisable.   He mentioned  the                                                               
auto industry,  and he remarked  that if  a worker cannot  get to                                                               
work, that may affect public transportation.                                                                                    
                                                                                                                                
MS.  BREWSTER  reminded  Representative  Gruenberg  that  she  is                                                               
present  to   speak  solely  to   the  impact  of   the  proposed                                                               
legislation on the DMV.                                                                                                         
                                                                                                                                
8:23:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  reminded  the committee  that  the  bill                                                               
addresses the issue of criminals -  people who are in the country                                                               
illegally.   He  opined  that  the state  should  not be  issuing                                                               
driver's licenses to criminals.                                                                                                 
                                                                                                                                
8:25:00 AM                                                                                                                    
                                                                                                                                
KEVIN BROOKS, Deputy  Commissioner, Department of Administration,                                                               
stated that  as a matter of  process, when a bill  is introduced,                                                               
all state  agencies look  at it and  give feedback  regarding the                                                               
possible  effects  on each  department.    He presumed  that  the                                                               
Department  of Public  Safety,  the Department  of  Law, and  the                                                               
court system all looked at HB  3 and determined that it would not                                                               
have  significant impact  upon them.   He  said he  would confirm                                                               
that with the  various entities before the  proposed bill reaches                                                               
its next committee of referral.                                                                                                 
                                                                                                                                
8:26:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would also  appreciate the bill                                                               
being sent to  local government entities to  ascertain its impact                                                               
on them.                                                                                                                        
                                                                                                                                
MR. BROOKS, in response to  Representative Gruenberg, said he has                                                               
not done  that.   He explained  that it  is not  the department's                                                               
usual process to do so.                                                                                                         
                                                                                                                                
8:28:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  predicted that once  word gets out  that a                                                               
person must  have legal presence  in Alaska, the state  will have                                                               
less problems.                                                                                                                  
                                                                                                                                
8:28:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON moved to report  HB 3 out of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG objected.    He asked  Ms. Brewster  if                                                               
people have come to Alaska to  get licenses after being refused a                                                               
license in other states.                                                                                                        
                                                                                                                                
MS.  BREWSTER  said  the  DMV   does  not  keep  "those  type  of                                                               
statistics."     Any  related  information  would   be  anecdotal                                                               
evidence, she concluded.                                                                                                        
                                                                                                                                
8:29:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON reminded  the committee  that last  year,                                                               
during the  hearing on similar  legislation, the  committee heard                                                               
about a case of  a woman who flew from New York  to Alaska to get                                                               
a  license when  her  visa  was about  to  expire, then  promptly                                                               
returned to New York.                                                                                                           
                                                                                                                                
8:30:43 AM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Wilson,  Gatto,                                                               
Johnson,  and  Lynn  voted  in  favor  of  moving  HB  3  out  of                                                               
committee.  Representatives Gruenberg  and Petersen voted against                                                               
it.  Therefore, HB 3 was  reported out of the House State Affairs                                                               
Standing Committee by a vote of 4-2.