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.