03/22/2012 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB132 | |
| HJR34 | |
| HB129 | |
| HB180 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 132 | TELECONFERENCED | |
| + | HJR 34 | TELECONFERENCED | |
| + | HB 129 | TELECONFERENCED | |
| + | HB 180 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 22, 2012
9:02 a.m.
MEMBERS PRESENT
Senator Bill Wielechowski, Chair
Senator Albert Kookesh
Senator Kevin Meyer
Senator Cathy Giessel
MEMBERS ABSENT
Senator Joe Paskvan, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 132
"An Act relating to requirements for persons holding provisional
drivers' licenses; and providing for an effective date."
- HEARD & HELD
CS FOR HOUSE JOINT RESOLUTION NO. 34(STA) AM
Urging the United States Congress to fund all the facilities and
vessels necessary for the United States Coast Guard to fulfill
its Arctic missions, including icebreakers and an Arctic Coast
Guard base.
- MOVED CSHJR 34(STA) AM OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 129(FIN)
"An Act relating to providing a death certificate for a deceased
veteran without charge."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 180(FIN)
"An Act authorizing the Department of Administration to note a
person's status as a retired veteran or a veteran discharged
under honorable conditions on the person's driver's license or
identification card, to provide certain information to the
Department of Military and Veterans' Affairs, and to charge a
fee for replacing a valid driver's license or identification
card with a new license or card that includes the veteran
designation; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 132
SHORT TITLE: PROVISIONAL DRIVER'S LICENSE STICKER
SPONSOR(s): SENATOR(s) MEYER BY REQUEST
04/16/11 (S) READ THE FIRST TIME - REFERRALS
04/16/11 (S) STA, FIN
03/22/12 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HJR 34
SHORT TITLE: COAST GUARD ICEBREAKERS & ARCTIC BASE
SPONSOR(s): REPRESENTATIVE(s) HERRON
02/03/12 (H) READ THE FIRST TIME - REFERRALS
02/03/12 (H) MLV, STA
02/16/12 (H) MLV AT 1:00 PM CAPITOL 120
02/16/12 (H) Moved CSHJR 34(MLV) Out of Committee
02/16/12 (H) MINUTE(MLV)
02/17/12 (H) MLV RPT CS(MLV) 4DP
02/17/12 (H) DP: MILLER, LYNN, CISSNA, THOMPSON
02/21/12 (H) STA AT 8:00 AM CAPITOL 106
02/21/12 (H) Moved CSHJR 34(STA) Out of Committee
02/21/12 (H) MINUTE(STA)
02/22/12 (H) STA RPT CS(STA) 4DP 1NR 2AM
02/22/12 (H) DP: P.WILSON, SEATON, PETERSEN, LYNN
02/22/12 (H) NR: GRUENBERG
02/22/12 (H) AM: JOHANSEN, KELLER
02/29/12 (H) TRANSMITTED TO (S)
02/29/12 (H) VERSION: CSHJR 34(STA) AM
03/02/12 (S) READ THE FIRST TIME - REFERRALS
03/02/12 (S) STA
03/22/12 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 129
SHORT TITLE: DECEASED VETERAN DEATH CERTIFICATE
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
01/28/11 (H) READ THE FIRST TIME - REFERRALS
01/28/11 (H) MLV, FIN
02/22/11 (H) MLV AT 1:00 PM CAPITOL 120
02/22/11 (H) Moved CSHB 129(MLV) Out of Committee
02/22/11 (H) MINUTE(MLV)
02/23/11 (H) MLV RPT CS(MLV) 3DP 1NR
02/23/11 (H) DP: GATTO, MILLER, THOMPSON
02/23/11 (H) NR: SADDLER
04/09/11 (H) FIN AT 1:00 PM HOUSE FINANCE 519
04/09/11 (H) Moved CSHB 129(FIN) Out of Committee
04/09/11 (H) MINUTE(FIN)
04/11/11 (H) FIN RPT CS(FIN) 11DP
04/11/11 (H) DP: FAIRCLOUGH, GUTTENBERG, T.WILSON,
GARA, JOULE, NEUMAN, COSTELLO, EDGMON,
04/11/11 (H) DOOGAN, STOLTZE, THOMAS
04/13/11 (H) TRANSMITTED TO (S)
04/13/11 (H) VERSION: CSHB 129(FIN)
04/14/11 (S) READ THE FIRST TIME - REFERRALS
04/14/11 (S) STA, FIN
03/22/12 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 180
SHORT TITLE: VETERAN DESIGNATION ON DRIVER'S LICENSE
SPONSOR(s): REPRESENTATIVE(s) SADDLER
03/09/11 (H) READ THE FIRST TIME - REFERRALS
03/09/11 (H) MLV, STA
03/17/11 (H) MLV AT 1:00 PM CAPITOL 120
03/17/11 (H) Moved CSHB 180(MLV) Out of Committee
03/17/11 (H) MINUTE(MLV)
03/18/11 (H) MLV RPT CS(MLV) NT 5DP 1DNP
03/18/11 (H) DP: LYNN, GATTO, MILLER, SADDLER,
THOMPSON
03/18/11 (H) DNP: AUSTERMAN
03/18/11 (H) FIN REFERRAL ADDED AFTER STA
03/31/11 (H) STA AT 8:00 AM CAPITOL 106
03/31/11 (H) Moved CSHB 180(STA) Out of Committee
03/31/11 (H) MINUTE(STA)
04/01/11 (H) STA RPT CS(STA) NT 4DP 2AM
04/01/11 (H) DP: GRUENBERG, SEATON, PETERSEN, LYNN
04/01/11 (H) AM: JOHANSEN, P.WILSON
02/06/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/06/12 (H) Moved CSHB 180(FIN) Out of Committee
02/06/12 (H) MINUTE(FIN)
02/08/12 (H) FIN RPT CS(FIN) NT 10DP
02/08/12 (H) DP: FAIRCLOUGH, T.WILSON, NEUMAN,
COSTELLO, EDGMON, GUTTENBERG, GARA,
JOULE,
02/08/12 (H) STOLTZE, THOMAS
02/10/12 (H) TRANSMITTED TO (S)
02/10/12 (H) VERSION: CSHB 180(FIN)
02/13/12 (S) READ THE FIRST TIME - REFERRALS
02/13/12 (S) STA, FIN
03/22/12 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
BOB PAWLOWSKI, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained SB 132 on behalf of the sponsor.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 132.
JESSICA LUIKEN, Student
Anchorage, Alaska
POSITION STATEMENT: Provided information about SB 132, which she
authored.
LIEUTENANT RODNEY DIAL, Deputy Commissioner
Division of Alaska State Troopers
Department of Public Safety
Ketchikan, Alaska
POSITION STATEMENT: Provided information related to SB 132.
ROB EARL, Staff
Representative Bob Herron
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained HJR 34 on behalf of the House
State Affairs Committee, sponsor of HJR 34.
JEFFERY GARRETT, Retired
U.S. Coast Guard
Seattle, Washington
POSITION STATEMENT: Offered to answer questions on HJR 34.
REPRESENTATIVE MAX GRUENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 129.
PHILLIP MITCHELL, Section Chief
Bureau of Vital Statistics
Division of Public Health
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Provided information related to HB 129.
MARIE DARLIN, Member
AARP
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 129.
REPRESENTATIVE DAN SADDLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 180.
RIC DAVIDGE, President
Alaska Chapter,
Vietnam Veterans of America
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 180.
MERCEDES ANGERMAN, Program Coordinator
Office of Veteran's Affairs
Department of Military and Veterans Affairs
Fort Richardson, Alaska
POSITION STATEMENT: Testified in support of HB 180.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 132 and
to HB 180.
JOSEPH FIELDS, III, Chairman
Alaska Veterans Advisory Council
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 180.
TIM ARMSTRONG, Chief of Staff
Department of Military Order of the Purple Heart
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 180.
ACTION NARRATIVE
9:02:25 AM
CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Meyer, Giessel, and Chair Wielechowski.
Senator Kookesh arrived shortly thereafter.
SB 132-PROVISIONAL DRIVER'S LICENSE STICKER
9:02:32 AM
CHAIR WIELECHOWSKI announced that the first bill before the
committee would be SB 132, which would direct the Department of
Motor Vehicles to produce a "provisional driver's sticker" for
drivers between the ages of 16 and 18.
SENATOR KEVIN MEYER, sponsor of SB 132, introduced the bill. He
related that the bill came to his attention from Jessica Luiken,
a student in Anchorage, who researched a high school project on
a provisional driver's sticker. He shared his experience taking
a driver's education course when he was in high school. Since
those classes no longer exist, he thought the idea of a
provisional sticker had a lot of merit.
9:04:53 AM
BOB PAWLOWSKI, staff, Senator Kevin Meyer, explained SB 132 on
behalf of the sponsor. He read from the following sponsor
statement:
SB 132 provides for a 'provisional driver's license
sticker' for drivers between 16 and 18 years of age
who are driving under the Alaska Graduated License
Program. The Alaska Graduated License Program requires
one to have an 'instruction permit' at least 6 months
prior to testing for a driver's license. Upon receipt
of the license and between the ages of 16 and 18 years
old, the driver is driving under a 'provisional
driver's license'. This provisional license is in
effect for 6 months or longer, based on any motor
vehicle violations during the provisional period. The
Alaska Graduated License Program remains in effect
until one's 18th birthday. Upon obtaining a
provisional license, under SB 132, the driver would
obtain a sticker that shows that the vehicle is being
driven by a driver with a 'provisional' license.
If enacted, SB 132 would add a new subsection to AS
28.15.055 (Alaska's Provisional License Law)
establishing a provisional license sticker and the
responsibility of the driver to display it in the car
they are operating. SB 132 would continue the
responsibilities of the driver and the other
responsible parties established in the 2005
Provisional Driver's License Law.
We all know the challenges of Alaska driving
conditions. Winter cold weather, darkness, snow berms,
frosted windows, and low sun level and glare all add
to challenges we are all experienced with. Similarly,
our extended summer light and activities bring their
own risks with tiredness, crowded roads, and
distractions. SB 132 simply helps experienced drivers
recognize the inexperienced driver by providing for a
permit for drivers 'provisionally licensed'.
Recognizing inexperienced driving as a step to
improving driving safety was a reason behind the
Alaska Graduated License Program. By adding a
"provisional sticker" to the car, other drivers can
respect the inexperience the new driver has and drive
appropriately.
Finally, the bill provides guidance to the Department
of Motor Vehicles and Department of Public Safety on
issuing and enforcing the 'provisional driver's
sticker'.
This bill was researched and proposed by Jessica
Luiken, a senior in Alaska's Home School Program.
Jessica is here to share her research and reasons for
proposing to our office, SB 132.
CHAIR WIELECHOWSKI asked for a solution if a young driver's
family has multiple cars.
MR. PAWLOWSKI said that DMV is researching how best to handle
that issue.
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, provided information related to SB
132. She addressed Chair Wielechowski's question. She explained
that DMV has researched the use of the provisional sticker and
she suggested various methods of displaying them on multiple
vehicles. She noted there are 6,300 provisional licenses and it
would be inexpensive to implement the program at 20 cents per
sticker. She said the bill allows DMV the flexibility in
offering more than one sticker.
CHAIR WIELECHOWSKI asked how much it would cost the teens.
MS. BREWSTER related that the sticker costs 20 cents and it
would be less than $1,000 for DMV to administer the program.
CHAIR WIELECHOWSKI asked if there would be a charge.
MS. BREWSTER replied that DMV has the option to charge a fee,
but does not intend to charge it.
9:11:35 AM
CHAIR WIELECHOWSKI asked if other states have this type of
sticker.
MS. BREWSTER said she was aware that other states do have them.
She suggested Ms. Luiken could answer that question.
SENATOR KOOKESH asked how big the sticker would be.
MS. BREWSTER suggested it would be small, possibly 3" by 10",
and easily seen in the back window by law enforcement. She noted
she would work with law enforcement to determine the size.
SENATOR KOOKESH thought the sticker would be hard to see. He
said he didn't understand how the sticker would make roads
safer.
9:13:15 AM
CHAIR WIELECHOWSKI asked Ms. Brewster if she thought the fine of
$300 was appropriate.
MS. BREWSTER replied that the fine for failure to follow the
restrictions of a provisional license is $200 and a 2-point
ticket. She opined the $300 fine was "in the same ballpark." She
suggested the legislature could change that amount.
SENATOR KOOKESH thought a $300 fine was excessive. He did not
like the idea of taking points off for not displaying a sticker.
MS. BREWSTER said she envisioned the provisional sticker being
distributed by DMV when the provisional license was issued. She
said fines and point restrictions were outside DMV's scope. She
suggested contacting law enforcement regarding that.
CHAIR WIELECHOWSKI asked if loss of points was part of the
penalty for not having the sticker displayed.
MS. BREWSTER did not believe so. She thought point penalties
were reserved for moving violations.
CHAIR WIELECHOWSKI asked if the administration supports bill.
MS. BREWSTER reported that the department is neutral.
9:16:14 AM
JESSICA LUIKEN, student, testified in favor of SB 132, which she
authored. She began by thanking the committee for allowing her
to testify on SB 132. She thanked Senator Meyer and his staff,
and Representative Millett and her staff for making her project
possible. She gave a brief history of the bill, which began as a
Juneau Close Up project.
MS. LUIKEN presented a slide show about student drivers and
their habits. She discussed the causes of death among teenagers
between 1999 and 2006. Out of 48 percent of unintentional
injuries, 73 percent were from motor vehicle traffic accidents.
She shared statistics about the high numbers of fatal crashes in
Alaska for drivers 14-16, from 2004 to 2008. She reported on the
ages and percentage of drivers involved in crashes between 2002
and 2011.
She noted the traits of provisional license drivers that have an
effect on their poor driving records. She said novice drivers
are more likely to be nervous, due to the fact that they are
driving by themselves for the first time, they lack experience,
and many lack sound judgment. Frequent adverse weather
conditions such as rain, snow, and ice are but a few examples of
Alaska's diverse weather conditions, which also have an impact
on youthful drivers. Alaska also has dangerous roads and
wildlife to look out for.
MS. LUIKEN proposed a solution of having provisional drivers
display stickers in the rear window of their cars to show that a
provisional driver is operating the vehicle. British Columbia,
Newfoundland, Yukon, Australia, and England, as well as New
Jersey, have laws that require provisional stickers.
CHAIR WIELECHOWSKI asked if the red sticker in the picture
indicates the provisional sticker.
MS. LUIKEN said yes. Teen drivers in New Jersey are required to
display a red decal on the back of their license plates.
She showed pictures of various methods of displaying stickers.
9:20:18 AM
MS. LUIKEN defended the provisional sticker solution for the
following reasons: it will impress upon other drivers to be more
cautious driving near a novice driver; it will assist law
enforcement officers in implementing the law as it relates to
provisional drivers.
She suggested as a possible enforcement regulation, a fine of
not more than $300. She gave an example of the steps to be taken
after the bill is passed: the state will supply DMV with
stickers to distribute to those persons who acquire a
provisional license; those applying for a provisional license
will pay for the sticker and place it on the rear window of the
operating vehicle.
She concluded that teen drivers with provisional licenses are
statistically more hazardous to themselves and others and should
be required to identify their status in order to reduce the
number of accidents and infractions and help save lives.
9:22:07 AM
SENATOR KOOKESH asked why this bill would reduce accidents and
infractions in Alaska.
MS. LUIKEN said the idea was to notify experienced drivers that
an inexperienced driver was near. She shared her own experience
as a novice driver. The sticker would also allow law enforcement
officers to identify provisional licensed drivers.
SENATOR KOOKESH asked if Ms. Luiken had researched accidents by
provisional drivers.
MS. LUIKEN said no.
SENATOR KOOKESH assumed there was no evidence whether other
drivers or provisional drivers caused an accident.
MS. LUIKEN explained that she is not suggesting that provisional
drivers caused accidents, but that they should be identified as
provisional drivers in order to reduce accidents.
SENATOR KOOKESH did not see the point. He requested more
evidence.
MS. LUIKEN reiterated that the goal of the bill is to ensure
that accidents won't happen and that restrictions required of
provisional drivers will be enforced. She said she has found
little evidence to show the causes of accidents by provisional
drivers.
9:24:44 AM
SENATOR MEYER thought the bill would be very helpful in urban
areas, and if other drivers know a young driver is near, they
may cut them some slack. He pointed out that kids no longer
receive driver's training. He related that insurance companies
advocated very strongly for provisional licenses and would be
supportive of SB 132.
He suggested the idea must work because other states use it. He
asked if there were statistics to justify its use in other
states. He suggested using an 'N' for new drivers on the
sticker.
MS. LUIKEN spoke of New Jersey's policy which was implemented in
2010.
SENATOR GIESSEL said one of the strong points of the argument is
that driver education cars say "student driver" because it is
important to identify beginning drivers. She noted the presence
of "crazy drivers" in Anchorage.
SENATOR KOOKESH maintained that the provisional license in
Angoon, Alaska, is not necessary. He pointed out that rural
Alaska is different and people cannot afford a $300 fine. He
gave another example of Beaver, Alaska.
9:29:05 AM
MS. LUIKEN clarified that the fine is only assessed if the
driver does not have a sticker. DMV would provide the sticker
when the driver receives the provisional license.
SENATOR KOOKESH maintained his arguments.
SENATOR MEYER suggested that the amount of the fine could be
amended, but the bill deals with a public safety issue and he
opined that the subject is important and warrants the
committee's time.
SENATOR KOOKESH thought the discussion was part of the committee
process. He said he was opposed to unnecessary regulations.
9:32:06 AM
CHAIR WIELECHOWSKI asked if there are any statistics to show
that the sticker reduces accidents.
MS. LUIKEN explained that she was unable to get statistics
because the sticker has not been implemented in the United
States, except for recently in New Jersey.
CHAIR WIELECHOWSKI asked if there was any data from other
countries. He asked what percentage of provisional drivers are
involved in accidents.
MS. LUIKEN replied that she does not have that information.
9:33:53 AM
CHAIR WIELECHOWSKI asked whether the problem is young drivers or
new drivers, no matter the age.
MS. LUIKEN thought the situation was different for drivers over
21 because they can drink. She thought the accident rate for
older new drivers would be higher than for young drivers who are
required to be accompanied by an adult.
CHAIR WIELECHOWSKI asked if the driving age is appropriate or if
it should be raised.
MS. LUIKEN thought it was appropriate.
CHAIR WIELECHOWSKI asked if the $300 fine is excessive.
MS. LUIKEN replied that bill says the fine is not to exceed
$300, and the House State Affairs Committee amended the bill to
say a "secondary stop" with a $200 fine and a 2-point reduction.
CHAIR WIELECHOWSKI asked if the sticker would be required for
motorcycles, snow machines, and other vehicles.
MS. LUIKEN said just cars and trucks.
9:36:06 AM
SENATOR GIESSEL referred to page 3 of the slide presentation
with statistics of accidents by drivers who hold learners
permits, ages 14 - 16. She thought that was good information.
She said it is hard to demonstrate the effects of prevention.
She asked Ms. Luiken if she has talked with her peers about the
provisional sticker.
MS. LUIKEN replied that she had not, but thought that they might
not like it. She also said the original idea was geared toward
drivers with a learners permit, but it seemed more beneficial
for provisional drivers who are driving without an adult
present.
SENATOR GIESSEL asked if driver's education companies are in
favor of the sticker.
MS. LUIKEN offered to provide that information.
SENATOR KOOKESH referred to the last sentence of paragraph (b),
"a person violating this section may not be convicted . . ." and
asked if Ms. Luiken envisioned the involvement of a court.
MS. LUIKEN believed a court would be involved if the person was
pulled over and was required to provide proof of having the
sticker.
SENATOR KOOKESH pointed out the cost of court expenses.
CHAIR WIELECHOWSKI noted there was one "free pass"; however, on
the second violation a court could be involved.
MS. LUIKEN agreed.
CHAIR WIELECHOWSKI read, "However, a person charged with
violating this section may not be convicted if the person has
not previously been arrested, charged, or cited for a violation
of this section."
9:39:54 AM
LIEUTENANT RODNEY DIAL, Deputy Commissioner, Division of Alaska
State Troopers, Department of Public Safety, provided
information related to SB 132. He said that the department was
neutral on the bill. He explained that the fine is set by the
Supreme Court and $300 is the maximum fine. The first offense
would be a correctable citation if the individual was complying
with the requirements of the bill. There is not a mandatory
court appearance, but a person could contest the citation and go
to court. He said the potential benefits from the bill would be
to help identify vehicles operated in violation of provisional
restrictions. For example, if a provisional driver was driving
between the hours of 1:00 a.m. to 5:00 a.m., they would be
stopped. If the bill is kept at a secondary violation, there
would have to be another reason for a traffic stop, not just to
check for a sticker.
CHAIR WIELECHOWSKI asked Lt. Dial if he believed the bill would
make Alaska's roads safer.
LT. DIAL said the department had no opinion.
CHAIR WIELECHOWSKI closed public testimony.
9:43:26 AM
MS. LUIKEN said she believed that the cost of not passing the
bill would be someone's life and the benefit of passing the bill
would be saving that life. She urged passage of SB 132.
[SB 132 was held in committee.]
HJR 34-COAST GUARD ICEBREAKERS & ARCTIC BASE
9:44:42 AM
CHAIR WIELECHOWSKI announced that the next bill would be HJR 34,
a resolution that urges the President and Congress to fund a
Coast Guard Arctic Base and icebreakers. The committee has heard
and reported out the Senate companion bill.
ROB EARL, staff, Representative Bob Herron, explained HJR 34 on
behalf of the House State Affairs Committee, sponsor of HJR 34.
He pointed out that the crux of the resolution is on page 4,
line 21, which asks Congress to fund icebreakers and an Arctic
Coast Guard base.
He drew attention to the one difference in the current version
of the bill, as compared to the Senate version. On page 4, line
11, the phrase "strategically important" has been inserted
before "Bering Strait" and clarifies the term "choke point" on
line 12. "Choke point" is a military term of art meaning a
geographic feature, such as a valley or a strait, which would
require any armed force passing through to present a much
narrower front, thereby decreasing its combative power. He
stressed the importance of the Bering Strait to the future of
the Arctic.
CHAIR WIELECHOWSKI referred to previous public testimony and
opened public testimony.
CHAIR WIELECHOWSKI opined that HJR was an important resolution
in that it would facilitate icebreakers in the Arctic.
JEFFERY GARRETT, retired, U.S. Coast Guard, offered to answer
questions on HJR 34.
CHAIR WIELECHOWSKI closed public testimony
SENATOR GIESSEL moved to report CS for HJR 34, version [B.A.]
from committee with individual recommendations and the attached
zero fiscal note. There being no objection, CSHJR 34(STA)am was
reported from the Senate State Affairs Standing Committee.
HB 129-DECEASED VETERAN DEATH CERTIFICATE
9:50:05 AM
CHAIR WIELECHOWSKI announced that HB 129 was before the
committee. The bill would give family members of deceased
veterans up to four certified copies of a death certificate for
that veteran.
REPRESENTATIVE MAX GRUENBERG, sponsor of HB 129, introduced the
bill. He stated that the bill provides that upon the death of a
veteran, who is defined in the bill as a person who was on
active duty at the time of their death, or had received an
honorable or general discharge from the armed services, and was
a resident of Alaska at the time of the individual's death. That
person's estate would be entitled, at the time of death, to
request, without charge, that the Bureau of Vital Statistics
issue up to four certified copies of the death certificate for
the purpose of establishing an eligibility requirement for a
benefit related to the veteran.
He noted the bill has been around for four legislatures and has
had no objection. There is a small fiscal note and the bill goes
on to the Senate Finance Committee after this committee.
He explained that the definition of "benefit" is not limited to
a governmental benefit and suggested it could be a life
insurance policy. He stressed the importance of the estate
having access to certified copies of the death certificate. He
called four copies a modest number.
REPRESENTATIVE GRUENBERG noted that the House Finance Committee
changed the number of copies to four, but neglected to change
the title to match. The title change amendment would say
"providing copies of" instead of "a copy", and there is also a
draft Senate Concurrent Resolution pending.
9:54:06 AM
SENATOR WIELECHOWSKI asked what the cost of a death certificate
is.
REPRESENTATIVE GRUENBERG thought it was $25.
PHILLIP MITCHELL, Section Chief, Bureau of Vital Statistics,
Division of Public Health, Department of Health and Social
Services, provided information related to HB 129. He agreed that
the intent of the bill is to provide a public service for
deceased veterans. It is similar to a bill previously introduced
in the legislature. He explained that the administration has no
position regarding the bill.
He related that the impact of the bill would be mostly financial
and would be expected to grow as more people became aware of the
new law. There has been a request by an estate for 40 or more
death certificates, but the average number of requests is about
five.
He reported that 30 percent of Alaskans are veterans and there
are about 1,000 veteran deaths per year. The fee for the first
copy of a death certificate is $25, but it is $20 for each
subsequent copy. Assuming that three or four copies are issued
per death, the impact would be that between 3,000 and 4,000
copies would be offered at no charge.
He pointed out that the department is not clear on what a
"person" means in the resolution. He questioned if "a person"
means only one individual, or if it means the wife, the brother,
and the children. The fiscal note could change substantially,
based on that definition.
CHAIR WIELECHOWSKI asked which line Mr. Mitchell was referring
to.
MR. MITCHELL said line 23 on page 2.
CHAIR WIELECHOWSKI asked if a wife could request four copies,
and then a brother could also request four copies.
MR. MITCHELL continued to say that the department estimates that
the bill will reduce fees usually collected by the Bureau of
Vital Statistics for death certificates from about $75,000 the
first year and up to $100,000 in the fifth year. About three
percent of the Bureau's budget is based on general fund (GF) and
the remainder of the budget is from fee-based, with the fees
being built into the budget. The department submitted a fiscal
note to cover the costs of the decreased program receipts, which
would need to be replaced by GF.
9:57:50 AM
SENATOR KOOKESH asked about requests from honorably discharged
veterans.
MR. MITCHELL explained that those requests would require proof,
such as a copy of the DD-214 or a military ID.
CHAIR WIELECHOWSKI added a driver's license to the examples, if
HB 180 passes.
SENATOR KOOKESH asked how long it would take to get the
certificates.
MR. MITCHELL replied that the Bureau would accept the person's
military documentation, and it would take a very short amount of
processing time, about ten minutes in person, and about two
weeks to be mailed out.
9:59:04 AM
CHAIR WIELECHOWSKI gave an example of an out-of-state veteran
based in Alaska and killed in Afghanistan. He inquired if Alaska
would issue the death certificate in that case.
MR. MITCHELL clarified that deaths are registered where they
occur.
CHAIR WIELECHOWSKI asked if it has to be a death that occurs in
Alaska.
MR. MITCHELL said yes.
SENATOR MEYER asked if any of the certificates are free.
MR. MITCHELL responded that there was a fee for each
certificate.
SENATOR MEYER asked if a family could request up to 10 death
certificates.
MR. MITCHELL said they did receive a request once for 100
certificates, but average is about 5. The bill limits it to
four.
SENATOR MEYER restated a concern about the number of
certificates per person.
MR. MITCHELL said he agreed with Senator Meyer's conclusion.
10:01:15 AM
MARIE DARLIN, AARP, testified in support of HB 129. She related
that Alaska has the highest per capita number of veterans in the
U.S. She agreed that this bill was one more way to thank
veterans for their service.
CHAIR WIELECHOWSKI asked for clarification of the definition of
"person".
REPRESENTATIVE GRUENBERG noted that it is the first time
"person" has been questioned. He said the intent is a total of
four certificates per death, regardless of how many requests
there were. He offered to clear up the ambiguity of the
language. He thought the other aspect under question was who
would be entitled to claim the certificate. He asked Mr.
Mitchell if the Division of Public Health has the authority to
promulgate regulations.
MR. MITCHELL said yes.
REPRESENTATIVE GRUENBERG wanted to let the division determine
who could claim the certificate.
MR. MITCHELL agreed that it would work to clarify what was meant
by a "person".
SENATOR KOOKESH suggested amending the bill in committee. He
offered a Conceptual Amendment:
That upon request and without charge, the Bureau shall
issue up to four copies of a death certificate for the
death of a veteran. Take out "to a person".
CHAIR WIELECHOWSKI voiced approval of the suggestion.
REPRESENTATIVE GRUENBERG agreed.
10:06:00 AM
SENATOR MEYER questioned what the right number of certificates
was. He wondered if there was research as to how other states
handle this issue.
REPRESENTATIVE GRUENBERG explained that HB 129 was modeled after
Arizona's law. He left the number up to the committee.
SENATOR MEYER stated he was fine with four.
SENATOR KOOKESH concluded that a person could get four free
certificates, but any more would incur a cost.
REPRESENTATIVE GRUENBERG said yes.
10:08:04 AM
SENATOR GIESSEL requested clarification of who could receive the
certificate.
REPRESENTATIVE GRUENBERG clarified that the bill is directed to
the Alaska Bureau of Vital Statistics, not to other states. He
emphasized that the death has to occur in Alaska and the veteran
must be an Alaska resident.
MR. MITCHELL added a scenario where out-of-state veterans would
not qualify even if they died in Alaska.
CHAIR WIELECHOWSKI said HB 129 would be set aside.
HB 180-VETERAN DESIGNATION ON DRIVER'S LICENSE
10:10:02 AM
CHAIR WIELECHOWSKI announced that the next bill before the
committee would be HB 180, which allows the Department of Motor
Vehicles (DMV) to put veteran's information and status on
driver's licenses.
REPRESENTATIVE DAN SADDLER, sponsor of HB 180, introduced the
bill. He read from the following sponsor statement.
For the record, Rep. Dan Saddler, District 18. Thank
you Mr. Chairman and members of the committee for
hearing House Bill 180. This bill does two things:
First, it authorizes the Division of Motor Vehicles
(DMV) to designate a person's status as a veteran on a
state-issued driver's license or ID card - but only if
that person requests that designation. That
designation would be the image of a U.S. flag. Having
proof of veteran status on a durable, convenient card
will help veterans to enjoy discounts offered by
grateful businesses
Second, HB 180 authorizes DMV to provide the name &
address of a person receiving a veteran's designation
to the Department of Military & Veterans Affairs - but
again, only if that person agrees. If he does, he'll
have another chance at receiving important health and
other benefits earned through his service
The bill has changed, and improved through the
process. Both the designation and the address-sharing
provisions are voluntary - while I believe the
benefits are clear, we made it optional, out of
respect for veterans' privacy and autonomy. The
designation is specified as the U.S. Flag - this saves
design costs. The cost for the cards was dropped from
the usual $15, down to $5 - this is a service to vets,
not a profit center for the state.
If you'll look at the packet, it documents support
from Military and Veterans Affairs, Division of Motor
Vehicles, representatives of veterans groups, business
groups, and individual veterans.
To sum up: By giving Alaskans a way to carry reliable
and convenient proof of their veteran status, HB 180
will help veterans enjoy the many benefits made
available to them by a grateful state and nation.
10:12:24 AM
SENATOR MEYER asked what benefits veterans get with this license
or card, and if a military ID would still be required.
REPRESENTATIVE SADDLER explained that the information would be
put on the driver's license or ID card and there would not be an
additional card issued. It would save the veteran from having to
carry around a military ID or file. Benefits would include
discounted or free death certificates, inclusion on a registry
for purposes of veteran information notification, and retail
discounts and offers.
CHAIR WIELECHOWSKI noted that a number of veteran's
organizations support the bill. He maintained that the bill
would make it easier for veterans to prove their veteran status.
He opened public testimony.
RIC DAVIDGE, President, Alaska Chapter, Vietnam Veterans of
America, testified in support of HB 180. He related his
experience with new information regarding exposure to Agent
Orange and other elements. There are delayed symptoms as a
result of exposure to these elements. Knowing the information
about a veteran's service can vastly assist with communicating
information about possible exposure during their service. HB 180
allows for improved communication between veterans and DMV. The
bill has been approved in 23 other states. It would provide
veterans with a uniform ID and enable the state to notify
veterans as new medical information becomes available.
CHAIR WIELECHOWSKI thanked Mr. Davidge for his hard work.
10:17:01 AM
MERCEDES ANGERMAN, Program Coordinator, Office of Veteran's
Affairs, Department of Military and Veterans Affairs, testified
in support of HB 180. She said that another advantage of having
the veteran designation on the driver's license was in order for
emergency responders and law enforcement officials to recognize
veterans during emergencies.
CHAIR WIELECHOWSKI asked if the administration supports the
bill.
MS. ANGERMAN said the Office of Veterans Affairs supports the
bill.
10:19:04 AM
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, provided information related to HB
180. She explained what the flag would look like on the license.
She related that DMV would include the name and address of the
card holder, as well as "veteran" on the license for further
recognition. She said there could be a charge of $5 for a
replacement fee and $15 at the time of expiration to renew the
card.
10:21:19 AM
CHAIR WIELECHOWSKI asked what the cost of replacing a lost
license would be.
MS. BREWSTER said $15.
CHAIR WIELECHOWSKI asked how much it would cost to replace a new
veteran's card.
MS. BREWSTER said $5.
CHAIR WIELECHOWSKI asked where in the bill the authority to
designate "veteran" was. He wondered if additional legislative
authority was needed.
MS. BREWSTER thought it could be handled in regulations. She
anticipated working with MVA.
CHAIR WIELECHOWSKI asked if the legislature needed to give
authority to do so.
MS. BREWSTER replied that DMV has broad authority when it comes
to promulgating regulations for driver licensing.
10:23:26 AM
JOSEPH FIELDS, III, Chair, Alaska Veterans Advisory Council,
testified in support of HB 180. He drew attention to the word
"or" on line 3 of the bill and asked if it should be "and". He
suggested "veteran" should be on both cards. He spoke of the
advantages of having veteran identification.
SENATOR KOOKESH thanked Mr. Fields for talking about having the
designation on both the identification card and the license. He
shared a personal story about an uncle who was a veteran and
lived to be 102, and because he could no longer drive, he
required another ID that showed his veteran status.
TIM ARMSTRONG, Chief of Staff, Department of Military Order of
the Purple Heart, testified in support of HB 180. He said he was
encouraged by the fact that obtaining the identification was
voluntary in nature. He spoke of the advantages of having the
designation on a driver's license or identification card, such
as recognition of veterans by law enforcement and the ability of
family to receive documentation for a burial flag.
10:30:39 AM
SENATOR KOOKESH asked if the state ID card would be included in
the bill.
REPRESENTATIVE SADDLER said that would be covered.
SENATOR KOOKESH questioned the wording "or".
CHAIR WIELECHOWSKI said the language could be checked to make
sure it gives a person the option of having both forms of ID.
CHAIR WIELECHOWSKI stated he would hold HB 180 in committee.
10:32:11 AM
There being no further business to come before the committee,
Chair Wielechowski adjourned the Senate State Affairs Standing
Committee at 10:32 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 132 Sponsor Statement.pdf |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
SB 132 |
| SB0132A.pdf |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
SB 132 |
| SB132-DOA-DMV-3-16-12.pdf |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
SB 132 |
| SB 132 Student Driving Presentation.ppt |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
SB 132 |
| 1-HJR034A- Bill.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| CSHJR 34 (STA) am.PDF |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 2- HJR 34 - USCG Icebreakers Arctic Base - Sponsor Statement.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 3- HJR 34 - 12 01 11-LG Treadwell on Icebreakers.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 4- HJR 34 - 2010 USCG Auth Act - AMSA Section.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 5- HJR 34 - ANWTF Recs PP 14-21.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 6- HJR 34 - Foreign Minister Amendment.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 7- HJR 34 - Ltr from Lawson Brigham.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 8- HJR 34 Leg Coun-Fiscal Note.pdf |
HMLV 2/16/2012 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| HJR 34 - US Arctic Policy - NSPD-66.pdf |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| 01 HB 129 Sponsor Statement.pdf |
HMLV 2/22/2011 1:00:00 PM SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
HB 129 |
| HB129-DHSS-BVS-2-21-11.pdf |
HMLV 2/22/2011 1:00:00 PM SSTA 3/22/2012 9:00:00 AM |
HB 129 |
| HB 129 - Explanation of Changes.pdf |
HMLV 2/22/2011 1:00:00 PM SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
HB 129 |
| HB 129 - Death Certificate Example.pdf |
HMLV 2/22/2011 1:00:00 PM SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
HB 129 |
| HJR 34 - USCG Arctic Strategic Approach.pdf |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| HJR034-1-2-021712-LEG-N.PDF |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| CS HJR 34 (STA) am Explanation of Changes.pdf |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| HJR 34 - Sponsor Statement (STA).pdf |
SSTA 3/22/2012 9:00:00 AM |
HJR 34 |
| CSHB 129(FIN) - Version I.pdf |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
HB 129 |
| HB129CS(FIN)-DHSS-BVS-12-15-11.pdf |
SSTA 3/22/2012 9:00:00 AM SSTA 3/27/2012 9:00:00 AM |
HB 129 |
| CSHB180 (FIN).PDF |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| Sponsor Statement CSHB 180 (FIN).pdf |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| HB 180 Military Discount List.pdf |
HFIN 2/6/2012 1:30:00 PM SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| HB 180 Support Resolution AK Vet. Advisory Council.pdf |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| HB180CS(FIN)-DOA-DMV-2-8-2012.pdf |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| HB180CS(FIN)-DOA-DMV-1-17-2012.pdf |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |
| Explanation of Changes in CSHB 180(FIN).pdf |
SSTA 3/22/2012 9:00:00 AM |
HB 180 |