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.