Legislature(2021 - 2022)GRUENBERG 120
05/13/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB47 | |
| HB187 | |
| HB118 | |
| HB177 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 198 | TELECONFERENCED | |
| += | HB 177 | TELECONFERENCED | |
| + | SB 71 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 47 | TELECONFERENCED | |
| += | HB 187 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
SB 47-VEHICLE REGISTRATION/PERSONS W/DISABILITY
3:43:13 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be SENATE BILL NO. 47, "An Act relating to special
registration plates for vehicles owned by persons with
disabilities."
3:43:39 PM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, as the
prime sponsor of SB 47, reminded committee members that SB 47
would amend the statute to allow speech-language pathologists,
physical therapists, and occupational therapists to provide
proof of disability to their client. She pointed out that only
chiropractors, physicians, physicians' assistants, or advanced
practice registered nurses can currently provide proof of
disability to their client. She noted that SB 47 is also known
as the disabled parking placard bill.
CHAIR KREISS-TOMKINS opened public testimony on SB 47.
3:44:56 PM
ANNETTE ALFONSI testified in support of SB 47. She shared the
story of someone who needed extra time in physical therapy after
a knee replacement and who could have used a [disability]
parking placard. The physician's office was full for a month
and during this wait time the patient fell while walking in a
parking lot in winter, breaking a hip and needing a hip
replacement. The patient's easily managed and temporary case
was escalated into a major issue, leave of absence from work,
bigger medical bills, and chronic increased pain. This could
have been prevented if the physical therapist had been able to
write the [application] form for a [disability] parking placard.
MS. ALFONSI stated that when thinking of this bill she is
thinking of the next person who will slip and fall next winter.
She related that about 20 percent of the Anchorage Bowl
population is eligible for services at Joint Base Elmendorf-
Richardson (JBER) Hospital. In other states the specialists in
SB 47 can write [an application] form for the military, but upon
moving to Alaska they can no longer write the forms even though
they have the experience, expertise, and scope of practice to do
it. The Veterans Administration is known for being difficult to
schedule an appointment with a physician; the least that can be
done for veterans who gave up their mobility for the freedom of
Americans is to make it easier for them to get the [disability]
parking placard.
MS. ALFONSI stated that SB 47 is simple, but profound. She said
the only thing legislators are voting on is whether physical
therapists, speech-language pathologists, and occupational
therapists should be able to write the [application] form for a
disability parking placard in Alaska. She urged a vote of yes.
CHAIR KREISS-TOMKIN closed public testimony on SB 47 after
ascertaining that no one else wished to testify.
3:47:42 PM
SENATOR GRAY-JACKSON referenced a letter from Representative
Prax essentially opposing the bill. She requested that her
staff person read the bill sponsor's letter of response to the
representative's concerns.
3:47:57 PM
BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, testified on behalf of Senator Gray-Jackson, prime
sponsor of SB 47. She related that on May 9, 2021, the sponsor
received a letter from Representative Prax. She said the bill
sponsor had replied that the intent of SB 47 is to fix back-end
issues related to receiving disability plates, such as expanding
access and reducing overall wait times. The proposed
legislation does not address issues around parking spaces or the
perceived misuse of disability plates; an additional bill may be
needed to address the issues presented in the letter, and Ms.
Odom said the bill sponsor had let Representative Prax know she
would be willing to work with him to produce such a bill.
3:49:15 PM
REPRESENTATIVE EASTMAN recalled a question asked during the
bill's previous hearing regarding who would bear legal liability
if a person who received a license plate under this bill was
involved in an accident that related to their disability. For
example, whether a speech-language pathologist could be held
liable.
CHAIR KREISS-TOMKINS recalled that when Jeffrey Schmitz of the
Division of Motor Vehicles (DMV) answered this question [on
5/6/21], Mr. Schmitz didn't think that there was any liability
associated with the [disability parking] placard. Chair Kreiss-
Tomkins allowed he didn't know if that was a definitive legal
analysis.
3:50:20 PM
SENATOR GRAY-JACKSON said a question was put forth to Ms. Lori
Wing-Heier [Director, Division of Insurance, Department of
Commerce, Community & Economic Development] about what a typical
liability profile insurance would be for the new group of
medical professionals that would be able to issue [disability
parking] placards versus the typical insurance levels that a
physician carries. She spoke from Ms. Wing-Heier's e-mailed
response as follows:
In reviewing the descriptions in the business
licensing statutes, the two new categories being added
by [SB] 47, the close analysis of physical
capabilities or disabilities are apparent. ... None of
the classifications note specific agreements with the
[Division] of Motor Vehicles [DMV] to identify
motorists who would benefit from the handicapped
placard or license plates. The insurance forms do not
address the assignments of handicapped parking
materials. Insurance forms would generally respond if
the person in question was shown to be legally liable
due to the performance of their professional services.
We cannot find any information in our filings for
professional liability that addresses an increase in a
premium because of the issuance of a handicapped plate
or placard. The handicapped designations are
generally assigned when the mobility is limited. The
handicapped parking materials would still require
proper licensing of the driver to meet the requirement
of DMV.
3:51:46 PM
SENATOR GRAY-JACKSON, responding to Representative Eastman,
explained that the part he referenced about veterans is already
in state statute. She said the only thing new in SB 47 is
adding speech-language pathologists, physical therapists, and
occupational therapists.
3:53:05 PM
REPRESENTATIVE EASTMAN maintained that a step away from the
bill's original intent is being taken, which focused narrowly on
someone's limited ability to walk. He said the committee is now
going past that and he is wondering why the committee hasn't
gone back and amended that portion of the statute which, at
present, on page 1, just limits it to those who can walk. He
stated that the only people who can apply for this are those who
have a disability that limits or impairs their ability to walk.
SENATOR GRAY-JACKSON referenced an e-mail provided by Ms.
Alfonsi [in follow-up to the bill's 5/6/21 hearing]. She spoke
from the e-mail as follows:
Upon reflection, the disability parking placard law is
only about parking, not about driving, so it would be
inappropriate to add drive to the end of it as
suggested in the last meeting. Also, since someone
who isn't driving can get a disability parking placard
form for someone else to drive, it furthers the idea
that this is about parking and walking, not about
driving. So, the form itself is fine the way it is
written. Since someone already has an active license
to drive when they are getting a parking placard there
is no liability on the part of a provider.
3:55:45 PM
REPRESENTATIVE CLAMAN moved to report SB 47 out of committee
with individual recommendations and the accompanying [zero]
fiscal note. There being no objection, SB 47 was moved from the
House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 177 Research RPL History Summary.pdf |
HSTA 5/13/2021 3:00:00 PM |
HB 177 |
| SB 47 Letter of Support - Carrothers 5.11.21.pdf |
HSTA 5/13/2021 3:00:00 PM |
SB 47 |
| HB 118 Amendment B.7 - Kreiss-Tomkins and Vance.pdf |
HSTA 5/13/2021 3:00:00 PM |
HB 118 |