Legislature(2017 - 2018)
2017-05-15 Senate Journal
Full Journal pdf2017-05-15 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.