Posted on 03/04/2003 5:31:13 AM PST by jonefab
*Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent.
The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.kslegislature.org/klrd
SESSION OF 2003 SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE BILL NO. 2039 by Representative Klein
As Recommended by House Committee on Judiciary
Brief*
Sub. for HB 2039 provides that by July 1, 2004, individuals with an Internal Revenue Service taxpayer identification number who meet all other requirements of the bill can obtain a temporary resident driver’s license. The temporary license, which expires in three years, will be a license to drive but will not be considered a form of identification. Those items that constitute proof of residency will include, but are not limited to, receipts for utility bills, marriage license, copy of a court order specifying a change of name, a school yearbook with a photograph of the person when the book is less than five years old, passport, alien registration documents, photo student identification card, photo employee identification card, birth certificate, or a copy of any federal or state income tax return with the signature of the person.
By January 15, 2004, the Director of the Division of Motor Vehicles will present to the Legislature the distinguishable design of a temporary resident license.
The bill establishes a Drivers Education Fund. One dollar from each temporary resident license fee will go to the Fund which will be used to educate temporary resident license applicants regarding the laws of the United States and Kansas driving rules, vehicle ownership, titling, and insurance and to promote trust and cooperation with law enforcement.
Background
The sponsor of the original bill appeared in favor of the bill. Others who appeared in support of the bill, as drafted, included the Pittsburg Chief of Police; an official with the Department of Revenue, Division of Vehicles; and conferees who appeared on behalf of Sunflower Community Action, El Centro, Inc, the Kansas Hispanic Caucus, the Kansas City, Kansas Police Department, and an attorney from Kansas City, Kansas. Written support was submitted on behalf of the Kansas Catholic Conference, the Western District Conference of the Mennonite Church, and the Overland Park Police Department.
Concern with the bill, as drafted, was expressed by the spokesperson from the Kansas AFL-CIO. Opposition to the bill was expressed by four individuals, one of whom represented the South Central Coalition of Americans Together. The fiscal note on the original bill indicates that such an estimate would be difficult to obtain.
Yeas: Aurand, Ballard, Beggs, Bethell, Betts, Burroughs, Carlin, Craft, Crow, Davis, Dillmore, Dreher, Feuerborn, Flaharty, Flora, Gatewood, Gilbert, Goico, Grant, Hayzlett, Henderson, Henry, Hill, Holland, Horst, Huff, Kassebaum, Kirk, Klein, Kuether, Larkin, Light, Loganbill, M. Long, P. Long, Loyd, McKinney, J. Miller, Minor, Neighbor, Nichols, Owens, Pauls, Peterson, Phelps, Pottorff, Reardon, Rehorn, Reitz, Ruff, Sawyer, Showalter, Shriver, Siegfreid, Sloan, Storm, Svaty, Swenson, Thimesch, Thull, Toelkes, Ward, Wilk, Wilson, Winn, Yonally.
Nays: Ballou, Barbieri-Lightner, Boyer, Brunk, Burgess, Campbell, Carter, Compton, Cox, Dahl, DeCastro, Decker, Edmonds, Faber, Freeborn, Goering, Gordon, Holmes, Howell, Huebert, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kauffman, Krehbiel, Landwehr, Mason, Mays, McCreary, McLeland, Merrick, F. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, Osborne, Ostmeyer, Patterson, Powell, Powers, Schwab, Schwartz, S. Sharp, Shultz, Tafanelli, Vickrey, D. Williams, J. Williams, Yoder.
Present but not voting: None.
Absent or not voting: O’Neal, B. Sharp.
The substitute bill passed.
EXPLANATIONS OF VOTE
MR. SPEAKER: Not only does Sub. HB 2039 fail to address the loophole that allowed Al Quaeda terrorists to obtain photo identification, board aircraft, and kill thousands of American citizens; it throws that loophole wide open. Calling all terrorists—the Kansas House of Representatives is putting out the welcome mat. Not me. I vote no on Sub. HB 2039.—CARL KREHBIEL
MR. SPEAKER: I vote no on Sub. HB 2039. The tragedy of September 11 made it very clear that a license is more than simply proof of legal permission to drive. The reality is that a license is one of the primary documents we use to show identity. A license can be used to open bank accounts, rent housing and establish identity for voting, law enforcement, employment, credit and retail transactions. Access to licenses by people in the country illegally poses risks and has the potential to undermine security. We should move toward tighter control of our drivers’ license, not less.—DEAN NEWTON, KATHE DECKER, DOUG PATTERSON, ROB BOYER, MIKE BURGESS, LEE TAFANELLI, KEVIN YODER, WILLA DECASTRO, BONNIE HUY, BECKY HUTCHINS, JOE MCLELAND, RAY MERRICK, SCOTT SCHWAB, JUDY MORRISON, MARY KAUFFMAN, DONALD L.DAHL, RALPH OSTMEYER,VERN OSBORNE, PATRICIA BARBIERI-LIGHTNER, LANA GORDON, BARBARA CRAFT, JOE HUMERICKHOUSE, SHARON SCHWARTZ, ED O’MALLEY, TERRIE HUNTINGTON, JEFF JACK, STEVE HUEBERT, EVERETT L. JOHNSON, C. FRANK MILLER
MR. SPEAKER: I support Sub. HB 2039. By allowing non citizens to obtain driver licenses with proof of a valid I.R.S. Tax Identification Number, we will be supporting public safety in two distinct ways: First, such persons will be able to obtain auto insurance, which will protect you or me if we are in an accident. Second, this bill will give law enforcement a way to identify non citizens, and will eliminate the needless expense of keeping such persons in custody until proper identification can be secured.—EBER PHELPS
MR. SPEAKER: I vote ‘‘yes’’ on Sub. HB 2039. I worked hard to defeat the bill last year on driver’s licenses for undocumented aliens. I would still be fighting against it if this were the same bill. This bill gives undocumented aliens a distinct license that is not the same as a license for anyone who is either a documented alien or a citizen. This bill ensures that the individuals receiving this license are not put on a list for jury duty, selective service, or to register to vote.—JANICE L. PAULS
Actually I am in favor of this bill so long as the usual requirements for driving are present (written, vision, road test). There should be no other requirements for a DL than driving or driving becomes a privelege granted by the state rather than a right. For example, I find it outrageous that people can be denied a DL because of child support arrears.
Based on equal protection, all people should get DLs on the same basis.
Of course, illegal aliens pay the same tax you would under the same circumstances-sales tax on what they buy, real estate tax on where they live (directly or in the rent), income tax if they make enough money, they all apply under the same circumstances, "equal protection".
Their immigration status is a matter for the Feds and should have no effect on their relations with the state.
I like your descriptive phrases. :o)
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