Legislature(2011 - 2012)CAPITOL 106
04/14/2011 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB94 | |
| HB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 94 | TELECONFERENCED | |
| *+ | HB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 14, 2011
8:07 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 94
"An Act adding a second verse to the official Alaska state
song."
- MOVED SB 93 OUT OF COMMITTEE
HOUSE BILL NO. 149
"An Act relating to drivers' licenses and to immunity for
persons who report persons who have a medical or other condition
that may impair the ability to operate a motor vehicle."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 94
SHORT TITLE: SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(s): SENATOR(s) DAVIS
02/25/11 (S) READ THE FIRST TIME - REFERRALS
02/25/11 (S) CRA, STA
03/08/11 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/08/11 (S) Moved SB 94 Out of Committee
03/08/11 (S) MINUTE(CRA)
03/09/11 (S) CRA RPT 5DP
03/09/11 (S) DP: OLSON, KOOKESH, WAGONER, ELLIS,
MENARD
03/09/11 (S) FIN REFERRAL ADDED AFTER STA
03/17/11 (S) STA AT 9:00 AM BUTROVICH 205
03/17/11 (S) Heard & Held
03/17/11 (S) MINUTE(STA)
03/22/11 (S) STA AT 9:00 AM BUTROVICH 205
03/22/11 (S) Moved SB 94 Out of Committee
03/22/11 (S) MINUTE(STA)
03/23/11 (S) STA RPT 4DP 1NR
03/23/11 (S) LETTER OF INTENT WITH STA REPORT
03/23/11 (S) DP: WIELECHOWSKI, MEYER, PASKVAN,
KOOKESH
03/23/11 (S) NR: GIESSEL
03/23/11 (S) FIN REFERRAL REMOVED
03/25/11 (S) FIN REFERRAL ADDED
03/30/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/30/11 (S) Heard & Held
03/30/11 (S) MINUTE(FIN)
04/01/11 (S) FIN RPT 7DP
04/01/11 (S) DP: HOFFMAN, STEDMAN, THOMAS, EGAN,
MCGUIRE, OLSON, ELLIS
04/01/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/01/11 (S) Moved SB 94 Out of Committee
04/01/11 (S) MINUTE(FIN)
04/08/11 (S) TRANSMITTED TO (H)
04/08/11 (S) VERSION: SB 94
04/09/11 (H) READ THE FIRST TIME - REFERRALS
04/09/11 (H) CRA, STA
04/12/11 (H) CRA RPT 6DP 1NR
04/12/11 (H) DP: CISSNA, DICK, AUSTERMAN, FOSTER,
GARDNER, MUNOZ
04/12/11 (H) NR: SADDLER
04/12/11 (H) CRA AT 8:30 AM BARNES 124
04/12/11 (H) Moved Out of Committee
04/12/11 (H) MINUTE(CRA)
04/14/11 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 149
SHORT TITLE: DRIVER'S LICENSING; MEDICAL CONDITIONS
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
02/09/11 (H) READ THE FIRST TIME - REFERRALS
02/09/11 (H) STA, JUD
04/14/11 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 94, as sponsor.
SENATOR ALBERT KOOKESH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as co-sponsor in support of SB
94.
LORRAINE HAUSMAN
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 94.
CONNIE DAVIS
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 94.
PAMELA MARSCH, Staff
Senator Bettye Davis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Read the sponsor statement on behalf of
Senator Davis, sponsor of SB 94.
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 149 as sponsor.
WHITNEY BREWSTER, Director
Division of Motor Vehicles (DMV)
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
149.
ERLING JOHANSEN, Assistant Attorney General
Labor & State Affairs Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
149.
ACTION NARRATIVE
8:07:15 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Keller, Seaton,
P. Wilson, Johansen, Petersen, and Lynn were present at the call
to order. Representative Gruenberg arrived as the meeting was
in progress.
SB 94-SECOND VERSE OF ALASKA'S STATE SONG
CHAIR LYNN announced that the first order of business was SENATE
BILL NO. 94, "An Act adding a second verse to the official
Alaska state song."
8:08:15 AM
SENATOR BETTYE DAVIS, Alaska State Legislature, as prime sponsor
of SB 94, noted that the proposed legislation has passed the
House on several occasions, but had not passed through the
Senate until last year. She said the legislation last year ran
out of time, and she expressed her hope that SB 94 would pass
both houses by the end of session.
8:09:23 AM
SENATOR ALBERT KOOKESH, Alaska State Legislature, as co-sponsor
of SB 94, said last year he never went to committee hearings on
this legislation, and he said he thinks that was a mistake,
because a Native perspective needed to be heard. He said he is
an Alaska Native who served in the House for eight years and has
finished a second term in the Senate. He said after reflection
he has concluded that the bill is labored because of the word
"Native" in its language. He said historically the words
"tribe" and "Native" are not found in House legislation, and
those words have been absent Senate legislation until the Senate
recently formed a coalition.
8:11:57 AM
SENATOR KOOKESH opined that another reason the legislation has
not been supported is that people do not want change. He talked
about making history through adopting the second verse of the
Alaska Flag song. He noted that none of the former sponsors of
this legislation have been Alaska Native. He related that
Alaska Natives are taught not to talk about themselves. He said
that by keeping quiet, the Alaska Native community has lost out
on a lot over the years. For example, he said there is no
representation of Alaska Natives on the Alaska State Seal.
Senator Kookesh said Alaska Natives have been around the state
for 10,000 years and have contributed to the state greatly,
including over $4 billion through the Native corporations and a
recent win of the Iditarod by an Alaska Native. He said a
Native lad did, in fact, design the Alaska Flag; therefore,
people should not be ashamed to recognize that. He said that
acknowledgement would not give sovereignty to Alaska Natives,
but it would help them lift their faces just a little bit.
SENATOR KOOKESH said his purpose is not to criticize, but to ask
for help. He said the Alaska Natives are an intrinsic part of
the state, but cannot get the second verse adopted without help.
He expressed his hope that the legislature will support SB 94
and not oppose it because of the word "Native".
8:19:35 AM
CHAIR LYNN expressed his support of SB 94.
8:19:40 AM
REPRESENTATIVE P. WILSON said it hurts her to hear that Senator
Kookesh would say she would not vote for the second verse
because of the word "Native".
SENATOR KOOKESH emphasized that he was relating an historical
aspect. He related that as an Alaska Native he has witnessed
prejudices in history books, and the prejudice still exists.
However, he said he would not come before the committee if he
thought its members would vote against the bill because of the
word "Native".
REPRESENTATIVE P. WILSON said she has had Natives come to her
and ask her not to support this legislation. She expressed her
wish for the future to be the focus, not the past.
KOOKESH responded that Representative Wilson's past and his own
are not the same, and it would be wrong of him to forget the
past through which he has lived. He acknowledged that there
will always be those who do not agree - for example, the Native
people of Alaska do not agree unanimously on the issue of
subsistence - but there are some Natives who do support the
bill.
8:24:14 AM
REPRESENTATIVE JOHANSEN relayed that in Ketchikan there were
bars where Natives and non-Natives could not drink together, and
those people are still alive and remember that. He said he
thinks that is what Senator Kookesh is talking about. He said
that he was ambivalent about SB 94 when he arrived this morning,
but was moved by Senator Kookesh's testimony. He related a
story from his youth where inequality was pointed out to him.
8:28:24 AM
REPRESENTATIVE SEATON talked about his involvement with coastal
use and subsistence, a lot of which is Native use. He stated
that the House has been actively engaged in issues that are
vital to rural Alaskans, so that those who live on local lands -
mostly but not exclusively Alaska Natives - have a voice in the
impact of development in their communities. He emphasized that
although everyone is not always in agreement, that does not mean
"we don't agree on things." He pointed out that many of his
constituents live in Native communities, and he related that he
has been contacted by Native Alaskans who are opposed to SB 94,
but not by any who support it. He said he does not know if that
is because of the issue of not talking about oneself. Whether
or not legislators support SB 94 has nothing to do with whether
they support one Native voice or another, he stated. He opined
that the House and the House Resources Standing Committee, which
he co-chairs, is working strongly to ensure that all Alaskans
have opportunities.
8:31:39 AM
SENATOR KOOKESH acknowledged that things have changed; he said
he no longer feels animosity within the walls of the Capitol,
but said it was not that way when he first arrived. He agreed
that the legislature makes decisions to benefit all Alaskans.
8:33:01 AM
REPRESENTATIVE PETERSEN talked about the unique struggles in
America and the progress that has been made. He said he voted
in favor of the legislation in its last run, and plans to do so
again.
SENATOR KOOKESH stated for the record that the following
entities support SB 94: the Federation of Alaska Natives; the
Alaska Native Brotherhood; and the Alaska Native Sisterhood.
CHAIR LYNN talked about his experience as a non-Hispanic growing
up in a predominately Hispanic community.
8:35:48 AM
REPRESENTATIVE KELLER emphasized that he believes everyone in
Alaska is Alaskan, no matter his/her ethnicity, and he said he
does not see that value of Alaskans being as one reflected in
the second verse of the Alaska Flag song.
SENATOR KOOKESH said he likes the part of the second verse that
states "there be no bars among our cultures", and he offered his
understanding that that underlines Representative Keller's
remarks.
REPRESENTATIVE KELLER said he agrees that there should be no
bars, but opined that there should be no distinction in terms of
"how we view each other."
SENATOR KOOKESH said he wishes that was true, but he has
experienced a different reality as an Alaska Native.
8:38:21 AM
LORRAINE HAUSMAN stated that she opposes the addition of a
second verse to the Alaska Flag song because "it's fine the way
it is." She said her opinion has "nothing to do with anything
other than I love the song and the intent of it."
8:40:17 AM
CONNIE DAVIS, testifying in support of SB 94, noted that her
mother, Carol B. Davis, was a good friend of Marie Drake, who
wrote the first verse of the Alaska Flag song, with school
children in mind. She said the words of this verse describe the
meaning of the flag, as described by Bennie Benson, the boy who
designed the flag. The second verse, she said, continues the
thoughts of unity and progress. She said many new Alaskans
don't know the state song, and "the adoption of the second verse
might be a starting point." She stated that all disciplines
learn something from the past, and she said she thinks both
verses are acceptable. Ms. Davis said she has observed about
two-thirds of an Alaskan audience not know the words to the
Alaska Flag song, and she surmised that adding the second verse
may generate renewed interest in the state's song.
8:42:58 AM
PAMELA MARSCH, Staff, Senator Bettye Davis, Alaska State
Legislature, on behalf of Senator Davis, sponsor of SB 94, read
the sponsor statement:
Senate Bill 94 would add a second verse to The
Alaska's Flag Song. The late Carol Beery Davis wrote
a beautiful second verse, which gives recognition to
Alaska Natives and to Benny Benson, who designed the
Alaskan flag.
Similar bills have been introduced in the past. Last
year The Alaska's Flag Song was performed with both
verses as the Senate gaveled in on the first day of
session. Also last year, the Senator from District G
introduced SB 43. It passed the Senate, but stalled
in the House.
This year is the year to join me in supporting a long
overdue addition to the second verse to the Alaska
Flag Song. By passing this bill you will be
recognizing history, our progress as a state and our
first people.
8:44:22 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:44:37 AM
REPRESENTATIVE GRUENBERG moved to report SB 94 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 94 was reported out of the
House State Affairs Standing Committee.
8:45:27 AM
The committee took an at-ease from 8:45 a.m. to 8:49 a.m.
HB 149-DRIVER'S LICENSING; MEDICAL CONDITIONS
8:49:40 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 149, "An Act relating to drivers' licenses and to
immunity for persons who report persons who have a medical or
other condition that may impair the ability to operate a motor
vehicle."
8:49:56 AM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
presented HB 149 as sponsor. She related that a couple years
ago there was a vehicle collision, which left a boy named Connor
in a coma for almost a month. She said this happened along a
well-traveled corridor in Anchorage. She said she later learned
that the boy was permanently injured, and that he is a friend of
her son. Representative Fairclough said the boy's sister came
to her and asked what could be done to make the roads safer for
everyone. She told the committee of her connection with the
family and said this is a personal issue. She said she
considered naming the bill, "Conner's Law," but was told some
people may not want to bring the legislation forward with a name
on it.
8:54:06 AM
REPRESENTATIVE FAIRCLOUGH said she looked into current testing
practices of the Division of Motor Vehicles (DMV) and was told
by the director of the division that doctors will not report
patients who should not be driving, because they can get sued.
The proposed legislation would require a person applying for a
driver's license to disclose if he/she has a condition that
would impair his/her ability to drive. It could be a temporary
condition, such as a person with seizures who needs to be
seizure-free for six months before driving. One goal of the
bill would be to have the DMV issue restricted driver's licenses
to those people with impairments. The proposed legislation
would provide immunity to physicians and other persons who, in
good faith, report licensees diagnosed with a condition that may
impair his/her ability to drive, and it would provide
confidentiality for reporting and is "exempt from disclosure."
Furthermore, physicians or persons who make a good faith report
would not be liable for civil damages. The bill would not
require reporting [by the physicians] but it would be in the
best interest of public safety if they do report.
REPRESENTATIVE FAIRCLOUGH said the two main issues that need
consideration by the committee are whether physicians should be
allowed immunity and whether people need to be responsible to
their fellow drivers by disclosing any impairment that would
restrict their ability to drive. She spoke about the difficulty
of family members in working to have another family member's
driver's license taken away and the advantage of having a
physician determine if the family has a valid concern or not.
She said the proposed legislation would include an appeals
process.
8:58:33 AM
CHAIR LYNN ventured that the proposed legislation is an
extension of the already existing requirement of those who need
glasses to wear glasses while driving as a condition of their
being issued a driver's license.
8:58:50 AM
REPRESENTATIVE PETERSEN observed that under HB 149, [Section 1,
subsection (b)], the physician "may report". He asked for
confirmation that the physician would have the option to
disclose.
REPRESENTATIVE FAIRCLOUGH confirmed that is correct. She added
that the physician would only be held accountable if he/she
recklessly fails to make a disclosure. In response to a follow-
up question, she said she contacted three medical groups in
Alaska and has done outreach. She said there were concerns
related to the Health Insurance Portability and Accountability
Act (HIPAA) and whether doctors would be protected. She stated,
"I believe I've accurately reflected any comments that we've
received."
9:00:52 AM
REPRESENTATIVE SEATON asked if physicians were specifically
asked about the possibility of a Class A misdemeanor.
REPRESENTATIVE FAIRCLOUGH answered that the physicians were
given the bill, and she offered her understanding that there
were no formal comments received from anyone.
9:02:52 AM
WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV),
Department of Administration, in response to Representative
Seaton, said the division is receiving an increasing number of
requests from the public and law enforcement to reexamine a
licensed driver. She said unfortunately the division receives
few such requests from medical professionals, even though they
are often the first to know if there is a condition that would
potentially make someone an unsafe driver. She said the
division has heard that physicians are reluctant to issue such
requests, because "there is no statute affording them immunity
from civil or criminal action."
MS. BREWSTER said the division needs to know the following: if
an individual has a condition that is uncontrollable, either
through medication, therapy, surgery, or use of a particular
driver device or technique; if the individual's condition is
controllable, but he/she is refusing to follow the care
[instructions] issued by the health care professionals; and if
the extent of the impairment is unknown but potentially
significant. She clarified that the division does not want to
know everyone's condition, just the ones that have an
uncontrollable condition or a controllable condition that is not
being controlled.
MS. BREWSTER relayed that if the DMV receives notice from the
medical community that a driver is not fit, it would cancel the
individual's driver's license. That individual could contest
that decision. She said the DMV mainly receives notices from
law enforcement that the individual may be unfit to drive. In
those cases, the DMV sends the individual notice that he/she
must come in to the DMV for examination. The individual must
come in within 30 days of that notification. If the individual
does not comply, then the DMV would send a second notice that
[that individual's license] will be cancelled within 15 days and
that he/she has the option to request an administrative hearing
to contest that decision.
9:06:10 AM
MS. BREWSTER said the number of cancellations done by the
division per year, averaged over the last six years, is 211.
She said the trend is going down, although there are a number of
individuals are aging and/or medicated and should not be on the
road. She said the division hopes that HB 149 will make the
medical community feel more comfortable reporting, since
currently only 10 percent of the recommendations received by the
division are from the medical community. She pointed out that
the notices from law enforcement are most likely to occur after
an accident has occurred, and the division would like to prevent
those accidents.
9:07:37 AM
MS. BREWSTER, in response to the chair, ventured that a patient
would not hesitate seeing his/her doctor for fear of finding out
he/she has a driving impairment, but she suggested that that
question might better be directed to those in the medical
community.
9:08:32 AM
REPRESENTATIVE FAIRCLOUGH said she thinks that is a valid
question, but thinks that people will go to the doctor when in
need. She talked about the dangers of putting a motor vehicle
in the hands of someone who is in danger of becoming
unconscious. She said the bill would create a mechanism for
doctors to give important information to the DMV.
9:10:56 AM
REPRESENTATIVE SEATON said he supports the concept of the bill,
but is looking for unintended consequences. He asked if the
division has the same capabilities to respond to a report from a
member of the public as it does to report from law enforcement.
9:11:53 AM
MS. BREWSTER confirmed that the DMV has the ability to take a
report from the public. In that situation, she said, the DMV
would let the customer know that he/she has been requested to
come in for reexamination within the next 30 days. She
reiterated the information regarding appeals. In response to
the chair, she said the DMV does not take anonymous reporting;
however, further research is done when reporting is received
from the public than when it is received from law enforcement.
Furthermore, during an administrative hearing, the person
accused has the ability to cross examine the accuser.
9:15:52 AM
MS. BREWSTER, in response to questions from Representative
Seaton, said when the DMV revokes a person's driver's license,
the division asks that person to surrender the license; however,
it is possible that a person could claim the license was lost
and use it only for identification purposes, for example to
board an airplane, although the DMV discourages people from
doing that.
9:20:04 AM
REPRESENTATIVE FAIRCLOUGH asked Ms. Brewster to confirm whether
the division would be able to issue state identification to all
those whose driver's licenses are revoked.
MS. BREWSTER answered yes, but explained that under statute, the
cost to each person would be $15 for a state ID. She said
statute would have to be changed in order to allow the DMV to
waive that fee. She noted that individuals 60 years of age and
over are eligible to receive a state ID card at no charge.
9:22:42 AM
REPRESENTATIVE GRUENBERG, regarding the medical community, said
he sees in Title VIII at least 20 occupations that could come
into play under HB 149, including pharmacists, physical
therapists, and nurses. He recommended that the bill sponsor
look at Title VIII. He suggested there may be issues regarding
licensing and ethics. He said another issue is related to the
language in Section 1, subsection (d), on page 2, lines 10-11,
which read:
(d) Reports received under this section are
confidential and exempt from disclosure under AS
40.25.
REPRESENTATIVE GRUENBERG said this only covers the reports,
which could be construed by a court of law to mean that only the
report itself is confidential, not the information therein;
therefore, the person who made the report could be subpoenaed.
Further, there may be question as to whether the testimony is
admissible in court, even if the report is not. He mentioned
evidentiary privilege. Representative Gruenberg expressed
concern about making doctors and other [medical] professional
subject to going to jail. He said a Class A Misdemeanor could
mean up to year in prison for a doctor. He said he realizes
that there is a standard of recklessness involved, but said this
issue could cause concern and opposition. He remarked that most
doctors run their own business and may have information as to
what would be imputable.
9:26:57 AM
The committee took an at-ease from 9:27 a.m. to 9:29 a.m.
9:29:20 AM
ERLING JOHANSEN, Assistant Attorney General, Labor & State
Affairs Section, Civil Division (Anchorage), Department of Law,
regarding Representative Gruenberg's comment on Title VIII,
cited language on page 1, lines 6-7, which read as follows:
(c) A licensee making a good faith
report to the Department of Administration under AS
28.15.156 is not subject to discipline under this
chapter for that report.
MR. JOHANSEN said the concept is there, but he does not know if
it is as broad as the number of professions Representative
Gruenberg referenced.
REPRESENTATIVE GRUENBERG, in response to a question from the
sponsor, said the definition of "physicians" does not [cover
numerous occupations]; it is specifically defined in AS 08.64.
REPRESENTATIVE FAIRCLOUGH clarified that the intent of this
legislation is to have "a high bar" - to name physicians as the
ones who decide whether or not a person could become unconscious
while driving a vehicle.
CHAIR LYNN asked, "... If a physician determined a person might
become unconscious because of their condition, and they don't
report to DMV, ... do they have any liability?"
REPRESENTATIVE FAIRCLOUGH answered, "No, the physician may
[emphasis on 'may'] report."
9:32:33 AM
REPRESENTATIVE GRUENBERG offered his understanding that the
immunity seems to cover a person who reports; it does not say
whether he/she may be liable for the failure to report. He said
someone who has an epileptic seizure or has an attack related to
hypoglycemia may cause an accident. Furthermore, a person who
has to wear corrective lenses because he/she is legally blind
could cause just as great an accident if he/she does not wear
the lenses. He recommended that the sponsor consider
hypothetical situations "where other people would similarly come
into vital information in the (indisc. - coughing) of their
profession." He said the issue is to get reporting. He offered
an example where someone with a reportable condition has just
moved to Alaska and has not yet seen a physician, but has been
to a pharmacist. He opined that as first committee of referral,
the committee members should be aware of ramifications.
9:35:36 AM
REPRESENTATIVE P. WILSON said she thinks the bill is good and
needed, but needs further consideration. She related a personal
story of her mother with glaucoma getting into an accident, and
said she thinks her mother's eye doctor should have been
required to report her to the DMV. Representative P. Wilson
pointed out that she always drove when she visited her mother;
therefore, she was unaware of how bad her mother's condition had
become.
9:38:52 AM
REPRESENTATIVE KELLER thanked the sponsor for bringing the bill
forward; however, he said the proposed legislation reminds him
of 1984, by George Orwell. He mentioned HIPAA, said his concern
is regarding patient/doctor privilege, and related that he wants
to hear from the medical community. He said unless the DMV is
given the discretion in each case to make decisions that are
between the doctor and the patient, he finds the idea of
reexaminations conducted by the DMV problematic.
9:40:37 AM
REPRESENTATIVE FAIRCLOUGH relayed that the American Medical
Association (AMA) is moving in this direction as it reviews its
ethics rules. She indicated that because there are people of
all ages that put others in jeopardy while driving, it is
necessary to have a medical professional involved. In response
to Representative Keller, she said there are large volumes of
books containing specific diagnoses that could be put into
statute, but she does not believe that those diagnoses belong in
statute. She acknowledged that it is difficult to talk about
taking away anyone's ability to drive, and she said she
understands that this bill could significantly alter people's
lives. She said there needs to be a mechanism in place to
protect the public.
REPRESENTATIVE KELLER said he can see the problem, but questions
whether encouraging physician reporting is the best way to
address it. He opined that there are many other options, and
the best option may involve legislation. He said there is a
penalty for driving recklessly. He reiterated his concern about
the patient/doctor privilege and making the DMV the entity to
make the final determination.
9:45:55 AM
REPRESENTATIVE GRUENBERG said it seems that the responsibility
should lie with the driver.
REPRESENTATIVE FAIRCLOUGH responded that that specification has
been made on page 1, [lines 11-14, which read as follows]:
(a) A person licensed or applying for a license under
this chapter shall disclose if the person has been
diagnosed as having a disorder characterized by lapses
of consciousness or any other condition that may
impair a person's ability to operate a motor vehicle.
REPRESENTATIVE GRUENBERG said he thinks that is a good idea, but
said he does not want to criminalize the whole state; therefore,
he recommended public outreach and education. He questioned
whether someone who drives with a condition, "without this
appropriate safeguard," would be violating the law.
REPRESENTATIVE P. WILSON indicated that creating law to address
this issue needs to be done with great care. She noted that
Pennsylvania and Oregon have laws in place related to
disclosures to the DMV.
9:48:57 AM
CHAIR LYNN told the bill sponsor that he would try to hear HB
149 again at the beginning of next session in January, 2012.
[HB 149 was held over.]
9:49:30 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:49
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB0149A.PDF |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 02 HB 149 Sponsor Statement.pdf |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 03 HB 149 Sectional Analysis.pdf |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 04 HB149-DOA-DMV-04-13-11 (2).pdf |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 05 Support Letter HB 149 APOA 3-9-2011.pdf |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 06 Legal Memo HB 149 Luckhaupt 4-11-2011.pdf |
HSTA 4/14/2011 8:00:00 AM |
HB 149 |
| 01 SB 94.pdf |
HSTA 4/14/2011 8:00:00 AM |
SB 94 |
| 02 SB 94 Sponsor Statement.pdf |
HSTA 4/14/2011 8:00:00 AM |
SB 94 |
| 03 SB 94 Background Material Newpaper letter from Fran Ulmer.pdf |
HSTA 4/14/2011 8:00:00 AM |
SB 94 |
| 04 SB 94 Fiscal Note.PDF |
HSTA 4/14/2011 8:00:00 AM |
SB 94 |