02/05/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 3 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 5, 2009
8:03 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
Representative Paul Seaton, Vice Chair
COMMITTEE CALENDAR
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."
- MOVED HB 3 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 3
SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE/I.D.
SPONSOR(s): REPRESENTATIVE(s) LYNN, HAWKER, CHENAULT, STOLTZE,
RAMRAS, JOHNSON
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA, FIN
02/05/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
DIRK MOFFATT, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 3 on behalf of Representative
Lynn, co-prime sponsor.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
3.
KEVIN BROOKS, Deputy Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the hearing
on HB 3.
ACTION NARRATIVE
8:03:35 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:03 a.m. Representatives Gatto, Johnson,
Wilson, Petersen, and Lynn were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
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.
8:32:00 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 8:32
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HSTA - HB 3 - Sponsor Statement.doc |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA HB 3 - Michigan Stops issuing licenses illegals.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA HB 3 Sectional Analysis 2-4-09.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA - HB 3 Articles.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA HB3 - docs dmv accepts.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA HB3 - Immigration Numbers Alaska Justice Forum.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |
| HSTA HB 3 - Muni Resolution in support of HB3.pdf |
HSTA 2/5/2009 8:00:00 AM |
HB 3 |