03/23/2017 03:30 PM Senate STATE AFFAIRS

       HB 16-DRIV. LICENSE REQ; DISABILITY: ID & TRAINING                                                                   
                                                                                                                              
5:38:25 PM                                                                                                                    
CHAIR  DUNLEAVY announced  the consideration  of HB  16. He  noted                                                              
that public  testimony  was taken  and closed  during the  March 9                                                              
meeting. He noted that there is a CS for consideration.                                                                         
                                                                                                                                
5:38:41 PM                                                                                                                    
SENATOR GIESSEL  moved to adopt  the [Senate]  CS for HB  16, work                                                              
order 30-LS0194\D, as the working document.                                                                                     
                                                                                                                                
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
                                                                                                                                
5:38:55 PM                                                                                                                    
CHRISTA  MCDONALD,  Staff,  Senator Mike  Dunleavy,  Alaska  State                                                              
Legislature,  Juneau, Alaska,  explained the  changes to  the bill                                                              
made from the proposed CS as follows:                                                                                           
                                                                                                                                
     On  page 3,  lines  30-31, we  changed  the wording,  it                                                                   
     used  to read,  "duties  and responsibilities,"  and  we                                                                   
     have   revised   that   to   read,   "The   rights   and                                                                   
     responsibilities  of drivers when encountering  or being                                                                   
     stopped   by   a   peace  officer."   We   removed   the                                                                   
     requirement   for  the  department   to  examine   every                                                                   
     applicant  for a driver's  license on  the knowledge  of                                                                   
     duties  and  responsibilities.  The  knowledge  of  your                                                                   
     rights  and  responsibilities   will  still  be  in  the                                                                   
     handbook.                                                                                                                  
                                                                                                                                
     On page  4, line 10, we  added "naturopath" to  the list                                                                   
     of  licensed  individuals   who  can  provide  proof  of                                                                   
     disabilities;  it  was  brought to  our  attention  that                                                                   
     they  deal  with  a  lot  of   traumatic  brain  injury,                                                                   
     patients  and that  sort of  thing and  they thought  it                                                                   
     was appropriate to add them to the list.                                                                                   
                                                                                                                                
5:39:45 PM                                                                                                                    
CHAIR DUNLEAVY  removed his objection.  He announced  that without                                                              
objection, version D was adopted.                                                                                               
                                                                                                                                
5:40:06 PM                                                                                                                    
LYNETTE  BERGH,  Staff,  Representative   Steve  Thompson,  Alaska                                                              
State  Legislature,  Juneau,  Alaska,  stated  that  the  sponsor,                                                              
Representative  Thompson,  agreed with  the  changes  made in  the                                                              
Senate CS for HB 16.                                                                                                            
                                                                                                                                
5:40:35 PM                                                                                                                    
SENATOR GIESSEL  moved to  report the  Senate CS  for HB  16, work                                                              
order    30-LS0194\D,     from    committee     with    individual                                                              
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR  DUNLEAVY asked  if there  was  an objection  to moving  the                                                              
bill out of committee.                                                                                                          
                                                                                                                                
SENATOR  WILSON  declared  that   he  objected  and  explained  as                                                              
follows:                                                                                                                        
                                                                                                                                
     I am all  in favor of the first major-two  components of                                                                   
     this bill, having  law enforcement be educated  upon how                                                                   
     to deal  with different  mental health  first aid.  I am                                                                   
     supportive  of teaching young  folks or folks  coming to                                                                   
     Alaska who may  just not know how to properly  deal with                                                                   
     law  enforcement  or  the best  practices  for  that  as                                                                   
     well.  I'm just  a little  leery  upon designating  this                                                                   
     upon a  license without some  more clear definitions  of                                                                   
     sort  of  the  hidden disabilities,  there's  a  lot  of                                                                   
     areas.                                                                                                                     
                                                                                                                                
     I  understand that  this is  an optional  item that  one                                                                   
     can  choose to  go into, but  it may  not seem  optional                                                                   
     for those  that may  be under the  influence or  sort of                                                                   
     control  over  someone  that   may  have  a  payee,  for                                                                   
     example, or  someone that may be under  conservatorship,                                                                   
     or may  still be an 18-year-old  that is still  in state                                                                   
     custody  through the  Office of  Children's Services  or                                                                   
     Adult  Protective  Services,  those  placed  in  nursing                                                                   
     homes that may  not be able to have that  optional right                                                                   
     as  well. Moreover,  I'm just  a  little concerned  upon                                                                   
     the  liability this  lends itself  to. If  I get  pulled                                                                   
     over and I  feel that I was treated unfairly,  and I had                                                                   
     a  disability  and  I  felt  that  the  law  enforcement                                                                   
     officer did not  treat me in a way that I  felt that was                                                                   
     more respectable  to my condition or illness,  then that                                                                   
     may open itself  up to additional litigation  and suits.                                                                   
     You   know,   at  the   time   I   went  to   speak   to                                                                   
     Representative  Thompson and  was not  able to get  that                                                                   
     opportunity to  ask sort of  how this ID would  make the                                                                   
     effects of some  of those more recent cases  we heard in                                                                   
     the  news.  With that  Mr.  Chair,  I oppose  this  bill                                                                   
     based  upon   those  grounds,  but  I  will   remove  my                                                                   
     objection.                                                                                                                 
                                                                                                                                
5:42:46 PM                                                                                                                    
CHAIR DUNLEAVY acknowledged that Senator Wilson removed his                                                                     
objection. He asked Ms. Bergh to confirm that the legislation is                                                                
optional for individuals.                                                                                                       
                                                                                                                                
MS. BERGH affirmed that it is voluntary.                                                                                        
                                                                                                                                
5:42:59 PM                                                                                                                    
CHAIR DUNLEAVY announced that without objection, SCS HB 16(STA)                                                                 
moved out of the Senate State Affairs Standing Committee with                                                                   
individual recommendations and attached fiscal note(s).