Legislature(2017 - 2018)

2017-05-15 Senate Journal

Full Journal pdf

2017-05-15                     Senate Journal                      Page 1210
HB 16                                                                                                                         
SENATE CS FOR HOUSE BILL NO. 16(RLS) "An Act relating to                                                                        
training regarding disabilities for police officers, probation officers,                                                        
parole officers, correctional officers, and village public safety officers;                                                     

2017-05-15                     Senate Journal                      Page 1211
relating to rights and responsibilities for drivers when encountering or                                                        
being stopped by a peace officer; relating to a voluntary disability                                                            
designation on a state identification card and a driver's license; relating                                                     
to the implementation of the federal REAL ID Act of 2005; relating to                                                           
issuance of identification cards and drivers' licenses; relating to data                                                        
sharing by the Department of Administration; and providing for an                                                               
effective date" was read the third time.                                                                                        
                                                                                                                                
Senator Micciche moved that the bill be returned to second reading for                                                          
the purpose of considering all amendments offered today. Without                                                                
objection, the bill was returned to second reading.                                                                             
                                                                                                                                
Senator Wielechowski offered Amendment No. 1:                                                                                   
                                                                                                                                
Page 1, lines 4 - 7:                                                                                                            
     Delete "relating to a voluntary disability designation on a state                                                        
identification card and a driver's license; relating to the                                                                   
implementation of the federal REAL ID Act of 2005; relating to                                                                
issuance of identification cards and drivers' licenses; relating to                                                           
data sharing by the Department of Administration; and providing                                                               
for an effective date"                                                                                                        
     Insert "and relating to a voluntary disability designation on a                                                          
state identification card and driver's license"                                                                               
                                                                                                                                
Page 1, line 9, through page 2, line 1:                                                                                         
     Delete all material.                                                                                                       
                                                                                                                                
Page 2, line 2:                                                                                                                 
     Delete "Sec. 2"                                                                                                          
     Insert "Section 1"                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, lines 8 - 22:                                                                                                           
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1212
Page 3, line 23:                                                                                                                
     Delete "new subsections"                                                                                                   
     Insert "a new subsection"                                                                                                  
                                                                                                                                
Page 4, line 7, through page 6, line 1:                                                                                         
     Delete all material.                                                                                                       
                                                                                                                                
Page 6, line 19, through page 10, line 25:                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, line 26:                                                                                                               
     Delete "new subsections"                                                                                                   
     Insert "a new subsection"                                                                                                  
                                                                                                                                
Page 11, line 10, through page 12, line 24:                                                                                     
     Delete all material.                                                                                                       
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Dunleavy, Egan, Gardner, Hughes, Olson,                                                                          
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hoffman, Kelly,                                                                      
MacKinnon, Meyer, Micciche, Stevens, von Imhof, Wilson                                                                          
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1213
Senator Wielechowski offered Amendment No. 2:                                                                                   
                                                                                                                                
Page 3, line 13:                                                                                                                
     Delete "$20"                                                                                                           
     Insert "$10"                                                                                                           
                                                                                                                                
Page 12, line 8:                                                                                                                
     Delete "$20"                                                                                                           
     Insert "$10"                                                                                                           
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Hughes, Olson, Wielechowski                                                                       
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Kelly,                                                            
MacKinnon, Meyer, Micciche, Stevens, von Imhof, Wilson                                                                          
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 3:                                                                                   
                                                                                                                                
Page 6, following line 28:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(b)  Notwithstanding (a) of this section, the department may                                                         
     not convey, distribute, or communicate to a private entity any                                                             
     scanned or stored documents collected in order to carry out the                                                            
     provisions of AS 28.15."                                                                                                   
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1214
Page 7, line 8:                                                                                                                 
     Delete "(b) and (c)"                                                                                                       
     Insert "(c) and (d)"                                                                                                       
                                                                                                                                
Page 7, line 18:                                                                                                                
     Delete "(b) - (e)"                                                                                                         
     Insert "(c) - (f)"                                                                                                         
                                                                                                                                
Page 12, line 15:                                                                                                               
     Delete "AS 28.05.068(f)"                                                                                                   
     Insert "AS 28.05.068(g)"                                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 3.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
Senator Wielechowski moved to table Amendment No. 3. Without                                                                    
objection, Amendment No. 3 was tabled.                                                                                          
                                                                                                                                
Senator Wielechowski offered Amendment No. 4:                                                                                   
                                                                                                                                
Page 4, lines 13 - 14:                                                                                                          
     Delete "15 years after the date of application unless otherwise                                                            
required by another"                                                                                                            
     Insert "the minimum amount of time required by P.L. 109-13,                                                                
Division B (REAL ID Act of 2005), or other"                                                                                     
                                                                                                                                
Page 7, lines 28 - 29:                                                                                                          
     Delete "15 years after the date of application unless otherwise                                                            
required by another"                                                                                                            
     Insert "the minimum amount of time required by P.L. 109-13,                                                                
Division B (REAL ID Act of 2005), or other"                                                                                     
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 4.                                                                 
Senator MacKinnon objected.                                                                                                     
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1215
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Dunleavy, Egan, Gardner, Olson, von Imhof,                                                                       
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Kelly,                                                              
MacKinnon, Meyer, Micciche, Stevens, Wilson                                                                                     
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 5:                                                                                   
                                                                                                                                
Page 4, line 30:                                                                                                                
     Delete "15 years"                                                                                                          
     Insert "5 years"                                                                                                           
                                                                                                                                
Page 8, lines 13 - 14:                                                                                                          
     Delete "15 years"                                                                                                          
     Insert "5 years"                                                                                                           
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 5.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 5?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Dunleavy, Egan, Gardner, Hughes, Olson,                                                                          
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hoffman, Kelly,                                                                      
MacKinnon, Meyer, Micciche, Stevens, von Imhof, Wilson                                                                          
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 

2017-05-15                     Senate Journal                      Page 1216
Senator Wielechowski offered Amendment No. 6:                                                                                   
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to liability for private entities who store                                                             
driver's license personal data;"                                                                                              
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 09.65 is amended by adding a new section to read:                                                            
          Sec. 09.65.350. Liability for release of driver's personal                                                          
     license data. A person who suffers damages as a result of a loss of                                                      
     driver's license personal data as a result of an act or omission by a                                                      
     person who receives driver's license personal data under                                                                   
     AS 28.05.068 may bring a civil action against the person to                                                                
     recover                                                                                                                    
              (1) actual economic damages;                                                                                      
              (2) court costs allowed by the rules of court and                                                                 
     reasonable attorney fees; and                                                                                              
              (3) other relief that the court determines to be                                                                  
     appropriate."                                                                                                              
                                                                                                                                
Page 1, line 9:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "Sections 17 and 19"                                                                                                
     Insert "Sections 18 and 20"                                                                                                
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Sections 1, 3, 4, 8 - 13, 15, and 16"                                                                              
     Insert "Sections 1, 2, 4, 5, 9 - 14, 16, and 17"                                                                           
     Delete "sec. 5"                                                                                                            
     Insert "sec. 6"                                                                                                            
                                                                                                                                
Page 12, line 24:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1217
Senator Wielechowski moved for the adoption of Amendment No. 6.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 6 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 6?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Dunleavy, Egan, Gardner, Olson, Wielechowski                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Kelly,                                                              
MacKinnon, Meyer, Micciche, Stevens, von Imhof, Wilson                                                                          
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                
Senator Wilson offered Amendment No. 7:                                                                                         
                                                                                                                                
Page 7, following line 20:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(g)  Notwithstanding any other law to the contrary, the                                                              
     department may not share any data collected to carry out the                                                               
     provisions of AS 28.15 with a state agency other than the                                                                  
     Department of Public Safety. In this subsection, "state agency" has                                                        
     the meaning given in AS 44.99.240."                                                                                        
                                                                                                                                
Senator Wilson moved for the adoption of Amendment No. 7. Senator                                                               
Micciche objected.                                                                                                              
                                                                                                                                
The question being: "Shall Amendment No. 7 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 16(RLS)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 7?                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1218
Yeas:  Dunleavy, Olson, Wielechowski, Wilson                                                                                    
                                                                                                                                
Nays:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Stevens,                                                                    
von Imhof                                                                                                                       
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, Amendment No. 7 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski moved and asked unanimous consent to take                                                                  
Amendment No. 3 from the table. Without objection, Amendment                                                                    
No. 3 was before the Senate.                                                                                                    
                                                                                                                                
Senator Coghill withdrew his objection to Amendment No. 3. There                                                                
being no further objection, Amendment No. 3 was adopted.                                                                        
                                                                                                                                
SENATE CS FOR HOUSE BILL NO. 16(RLS) am S was                                                                                   
automatically in third reading.                                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent that her name                                                                
be withdrawn as a cross sponsor on the bill. Without objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR HOUSE BILL                                                                             
NO. 16(RLS) am S "An Act relating to training regarding disabilities                                                            
for police officers, probation officers, parole officers, correctional                                                          
officers, and village public safety officers; relating to rights and                                                            
responsibilities for drivers when encountering or being stopped by a                                                            
peace officer; relating to a voluntary disability designation on a state                                                        
identification card and a driver's license; relating to the                                                                     
implementation of the federal REAL ID Act of 2005; relating to                                                                  
issuance of identification cards and drivers' licenses; relating to data                                                        
sharing by the Department of Administration; and providing for an                                                               
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
SCS HB 16(RLS) am S                                                                                                             
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                

2017-05-15                     Senate Journal                      Page 1219
Yeas:  Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman,                                                              
Kelly, MacKinnon, Meyer, Micciche, Olson, Stevens, von Imhof                                                                    
                                                                                                                                
Nays:  Begich, Dunleavy, Hughes, Wielechowski, Wilson                                                                           
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, SENATE CS FOR HOUSE BILL NO. 16(RLS) am S passed                                                                        
the Senate.                                                                                                                     
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the vote                                                                
on the passage of the bill be considered the vote on the effective date                                                         
clauses. Senator Wielechowski objected.                                                                                         
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS HB 16(RLS) am S                                                                                                             
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman,                                                              
Kelly, MacKinnon, Meyer, Micciche, Olson, Stevens, von Imhof                                                                    
                                                                                                                                
Nays:  Begich, Dunleavy, Hughes, Wielechowski, Wilson                                                                           
                                                                                                                                
Excused:  Stedman                                                                                                               
                                                                                                                                
and so, the effective date clauses were adopted and referred to the                                                             
Secretary for engrossment.                                                                                                      
                                                                                                                                
Senator Micciche moved and asked unanimous consent that his name                                                                
be withdrawn as a cross sponsor on the bill. Without objection, it was                                                          
so ordered.