Legislature(2017 - 2018)BUTROVICH 205

03/23/2017 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Postponed to 5:30 p.m. --
+= HB 3 NATL GUARD LEAVE/REEMPLOYMENT RIGHTS TELECONFERENCED
Moved SCS CSHB 3(STA) Out of Committee
-- Public Testimony --
*+ SB 8 PFD CONTRIBUTIONS TO TRIBAL GOVERNMENTS TELECONFERENCED
Bill Hearing Postponed to 3/28/17
-- Testimony <Invitation Only> --
+ HB 78 INDIGENOUS PEOPLES DAY TELECONFERENCED
Bill Hearing Postponed to 3/28/17
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 34 DRIVER'S LICENSE & ID CARDS & REAL ID ACT TELECONFERENCED
Moved CSSB 34(STA) Out of Committee
+= HB 16 DRIV. LICENSE REQ;DISABILITY:ID &TRAINING TELECONFERENCED
Moved SCS HB 16(STA) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 23, 2017                                                                                         
                           5:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator David Wilson                                                                                                            
Senator Cathy Giessel                                                                                                           
Senator John Coghill                                                                                                            
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act  relating to  the implementation  of  the federal  REAL ID                                                              
Act  of 2005;  and relating  to issuance  of identification  cards                                                              
and driver's licenses; and providing for an effective date."                                                                    
                                                                                                                                
     - MOVED CSSB 34(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 16                                                                                                               
"An Act  relating to  training regarding  disabilities for  police                                                              
officers,  probation   officers,  parole  officers,   correctional                                                              
officers,  and   village  public  safety  officers;   relating  to                                                              
guidelines  for drivers when  encountering or  being stopped  by a                                                              
peace  officer; relating  to  driver's license  examinations;  and                                                              
relating  to  a  voluntary  disability   designation  on  a  state                                                              
identification card and a driver's license."                                                                                    
                                                                                                                                
     - MOVED SCS HB 16(STA) OUT OF COMMITTEE                                                                                    
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(MLV)                                                                                  
"An Act  relating to  the employment  rights  of employees  in the                                                              
state  who are members  of the  National Guard  of another  state,                                                              
territory, or district of the United States."                                                                                   
                                                                                                                                
     - MOVED SCS CSHB 3(STA) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE BILL NO. 8                                                                                                               
"An Act allowing federally recognized tribal governments to                                                                     
receive contributions from permanent  fund dividends."                                                                          
                                                                                                                                
        - BILL HEARING POSTPONED TO 3/28/2017                                                                                   
                                                                                                                                
HOUSE BILL NO. 78                                                                                                               
"An Act establishing the second Monday of October of each year                                                                  
as Indigenous Peoples Day."                                                                                                     
                                                                                                                                
        - BILL HEARING POSTPONED TO 3/28/2017                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 34                                                                                                                   
SHORT TITLE: DRIVER'S LICENSE & ID CARDS & REAL ID ACT                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        

01/23/17 (S) STA, FIN 02/23/17 (S) STA AT 3:30 PM BUTROVICH 205 02/23/17 (S) Heard & Held 02/23/17 (S) MINUTE(STA) 03/21/17 (S) STA AT 3:30 PM BUTROVICH 205 03/21/17 (S) Heard & Held 03/23/17 (S) STA AT 3:30 PM BUTROVICH 205 BILL: HB 16 SHORT TITLE: DRIV. LICENSE REQ; DISABILITY: ID & TRAINING SPONSOR(s): THOMPSON

01/18/17 (H) PREFILE RELEASED 1/9/17

01/18/17 (H) READ THE FIRST TIME - REFERRALS

01/18/17 (H) STA, FIN

01/24/17 (H) STA AT 3:00 PM GRUENBERG 120

01/24/17 (H) Heard & Held

01/24/17 (H) MINUTE(STA)

01/26/17 (H) STA AT 3:00 PM GRUENBERG 120

01/26/17 (H) Moved HB 16 Out of Committee

01/26/17 (H) MINUTE(STA)

01/27/17 (H) STA RPT 7DP

01/27/17 (H) DP: JOHNSON, WOOL, LEDOUX, KNOPP, BIRCH, TUCK, KREISS-TOMKINS 02/01/17 (H) FIN REFERRAL WAIVED 02/08/17 (H) TRANSMITTED TO (S) 02/08/17 (H) VERSION: HB 16 02/10/17 (S) READ THE FIRST TIME - REFERRALS 02/10/17 (S) STA, FIN 03/09/17 (S) STA AT 3:30 PM BUTROVICH 205 03/09/17 (S) Heard & Held 03/09/17 (S) MINUTE(STA) 03/21/17 (S) STA AT 3:30 PM BUTROVICH 205 03/21/17 (S) Scheduled but Not Heard 03/23/17 (S) STA AT 3:30 PM BUTROVICH 205 BILL: HB 3 SHORT TITLE: NATL GUARD LEAVE/REEMPLOYMENT RIGHTS SPONSOR(s): REPRESENTATIVE(s) TUCK

01/18/17 (H) PREFILE RELEASED 1/9/17

01/18/17 (H) READ THE FIRST TIME - REFERRALS

01/18/17 (H) MLV, STA

01/26/17 (H) MLV AT 1:30 PM GRUENBERG 120

01/26/17 (H) Heard & Held

01/26/17 (H) MINUTE(MLV) 02/02/17 (H) MLV AT 1:30 PM GRUENBERG 120 02/02/17 (H) Moved CSHB 3(MLV) Out of Committee 02/02/17 (H) MINUTE(MLV) 02/03/17 (H) MLV RPT CS(MLV) 7DP 02/03/17 (H) DP: LEDOUX, SPOHNHOLZ, PARISH, RAUSCHER, SADDLER, REINBOLD, TUCK 02/14/17 (H) STA AT 3:00 PM GRUENBERG 120 02/14/17 (H) Heard & Held 02/14/17 (H) MINUTE(STA) 02/16/17 (H) STA AT 3:00 PM GRUENBERG 120 02/16/17 (H) Moved CSHB 3(MLV) Out of Committee 02/16/17 (H) MINUTE(STA) 02/17/17 (H) STA RPT CS(MLV) 6DP 02/17/17 (H) DP: JOHNSON, WOOL, KNOPP, BIRCH, JOSEPHSON, KREISS-TOMKINS 02/20/17 (H) TRANSMITTED TO (S) 02/20/17 (H) VERSION: CSHB 3(MLV) 02/22/17 (S) READ THE FIRST TIME - REFERRALS 02/22/17 (S) STA 03/16/17 (S) STA AT 3:30 PM BUTROVICH 205 03/16/17 (S) Heard & Held 03/23/17 (S) STA AT 3:30 PM BUTROVICH 205 WITNESS REGISTER CHRISTA MCDONALD, Staff Senator Mike Dunleavy Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided details on a committee substitute for HB 16. LYNETTE BERGH, Staff Representative Steve Thompson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided closing remarks on HB 16 on behalf the sponsor. REPRESENTATIVE CHRIS TUCK Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 3, provided an overview. KENDRA KLOSTER, Staff Representative Chris Tuck Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided details regarding an amendment for HB 3. ACTION NARRATIVE 5:30:19 PM CHAIR MIKE DUNLEAVY called the Senate State Affairs Standing Committee meeting to order at 5:30 p.m. Present at the call to order were Senators Wilson, Giessel, Coghill, Egan, and Chair Dunleavy. SB 34-DRIVER'S LICENSE & ID CARDS & REAL ID ACT 5:31:01 PM CHAIR DUNLEAVY announced the consideration of Senate Bill (SB) 34. He noted that public testimony was heard and closed during the previous meeting. [Version 30-GS1781\O was adopted 3/21/17.] He provided an overview of the bill's status as follows: We have before us a revised Senate State Affairs, Department of Administration (DOA) and Division of Motor Vehicles (DMV) indeterminate fiscal note. The original capital request has been deleted. It is the intent that the implementation of REAL ID would be self-supporting by utilizing the funds raised by the additional fees that have been set for federally compliant licenses and ID cards; in other words, this bill will go forward with the understanding that the state will not be paying for this, but the applicants that go for the cards will. He asked if there were any amendments from committee members. 5:31:52 PM SENATOR WILSON moved conceptual Amendment 1 to the CS for SB 34, version O. CHAIR DUNLEAVY objected for purposes of discussion. SENATOR WILSON detailed conceptual amendment 1 as follows: On page 1, line 10, I would like to move the increase from $5 to $15; and then on page 5, line 31, I would like to move the increase from $10 to $20 and the rational is for the purpose of increased fees to help underwrite the cost associated with shifting the production and distribution for licenses back to Alaska. CHAIR DUNLEAVY removed his objection. He announced that without objection, conceptual Amendment 1 was adopted. 5:32:43 PM SENATOR GIESSEL moved to report SB 34, work order 30-GS1781\O as amended, from committee with individual recommendations and attached fiscal note(s). 5:32:53 PM CHAIR DUNLEAVY objected and made the following statement: I'm going to object to make a statement that I think is very important. I think it's probably no secret that myself and I'm sure others find this process by which the federal government, I believe, is coerced other states and is coercing our state into complying with issuing, or at least being part of the issuance of a new type of ID. Currently there are several different types of IDs, passports and various cards that can be used nationwide in various forms, but this is going to be an additional ID card that the federal government wishes to have. When I say it is distasteful and it is coercive, the fact of the matter is that the federal government itself could do these cards if they wanted to, but they wanted the state to and the coercive part is that we have caught in between the state and the federal government are contractors, state workers, businesses, etcetera that are somewhat in limbo, meaning that unless there is a methodology or a way for the workers and the contractors, etcetera to be able to access federal bases or other federal property that require these IDs or something similar, it's going to be very difficult for them to do that and I feel bad for contractors, I feel bad for the workers. Again, I don't really feel bad for the federal government, I think this is problematic. I don't think this is going to be the end of the federal government's continual overreach. Everybody always seems to have a great idea coming from the federal government to "help," but in the end most often at the least it's a hindrance, at the most we lose a little bit of our rights. Although we put a CS together to try and mitigate some of these issues, and we will be watching this to make sure there are firewalls between the State of Alaska driver's license and what I and some others consider to be basically a federal ID trap, we're going to have to keep an eye on this because I don't think we are going to see an end, I think this is just a beginning. I appreciate the committee's indulgence with the CS and with the understanding that the applicants will have to fit the bill that the state should not fit the bill for this, and this is going to be going on to another committee of referral so more eyes can be on it for the people of Alaska before it gets to the floor. I'll add one more comment to this, it's been asked of me why would I move a bill that is distasteful. I've always had somewhat of a philosophy as a chair that if you table a bill, you kill a bill, etcetera, the public never gets an opportunity to see it, the committee is never really given an opportunity to really work it over, and the legislators don't really get an opportunity to be able to look at it, ask the questions, and finally vote on something on the floor. I wouldn't want some bills that I've had to be held hostage, this is one that it's a tough one for me as a committee chair to let go to the next committee of referral. I'm not going to support it because of the course of actions by the federal government, but I understand the situation if someone were a contractor or workers are in and I can sympathize with that; but none the less, I think it's somewhat heavy-handed, I think the best way to describe it is distasteful. 5:36:38 PM CHAIR DUNLEAVY removed his objection. He announced that seeing no objection, CSSB 34(STA) moved out of committee with individual recommendations and attached revised Senate State Affairs fiscal note(s). 5:36:57 PM At ease. 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). 5:43:17 PM At ease. HB 3-NATL GUARD LEAVE/REEMPLOYMENT RIGHTS 5:44:24 PM CHAIR DUNLEAVY called the committee back to order and announced the consideration of HB 3. [CSHB 3(MLV) was before the committee.] 5:44:38 PM He opened and closed public testimony on HB 3. He announced that there is an amendment to the bill. 5:44:55 PM At ease. 5:45:21 PM CHAIR DUNLEAVY called the committee back to order. He moved Amendment 1 for HB 3. 30-LS0073\D.1 Wayne 3/20/17 AMENDMENT 1 OFFERED IN THE SENATE TO: HB 3(MLV) Page 2, lines 2-3: Delete "active state service or National Guard service in another state Insert "that active [STATE] service" Page 2, line 5, following "or": Insert "active" SENATOR GIESSEL objected for purposes of discussion. 5:45:39 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau, Alaska, explained that amendment 1 is a clean-up amendment and noted that his staff member would explain the changes. 5:45:51 PM KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State Legislature, Juneau, Alaska, provided a detailed overview of Amendment 1 as follows: In the last hearing, Senator Wilson pointed out that we were missing a word on page 2, the word "active." So, as I talked with Dan Wayne with Legislative Legal, he agreed that that language needed to be cleaned up. So, this is what amendment 1 does is it cleans up the language to make sure it's consistent on page 1 and page 2 saying the same thing. 5:46:20 PM SENATOR GIESSEL removed her objection. REPRESENTATIVE TUCK commented on HB 3 as follows: I want to thank this committee for taking up HB 3. This is something that I think is very important, we want to make sure that our Alaskan residents have the same reappointment act that they are called by the governor to duty as they would be the president. I just want to make a note that this does not include people who are non-Alaska residents, so this is one that I think that puts priority on Alaska residents who might be serving in the National Guard in another state that are also being protected as they serve their state. 5:47:10 PM SENATOR GIESSEL moved to report the [Senate] CS for HB 3, work order 30-LS0073\D, as amended, from committee with individual recommendations and attached fiscal note(s). 5:47:20 PM CHAIR DUNLEAVY announced that seeing no objection, SCS CSHB 3(STA) moved out of the Senate State Affairs Standing Committee. 5:47:31 PM At ease. 5:48:33 PM CHAIR DUNLEAVY called the committee back to order. 5:48:45 PM There being no further business to come before the committee, Chair Dunleavy adjourned the Senate State Affairs Committee at 5:48 p.m.

Document Name Date/Time Subjects
SB 34 - Real ID, Passports, & Alternatives.pdf SSTA 3/23/2017 3:30:00 PM
SB 34
HB 3 - Amendment 1.pdf SSTA 3/23/2017 3:30:00 PM
HB 3
SB 34 - SSTA Draft SB34 DOA 3-23-17.pdf SSTA 3/23/2017 3:30:00 PM
SB 34
SB 34 - ACLU Analysis of CS for SB 34 - 03.23.2017.pdf SSTA 3/23/2017 3:30:00 PM
SB 34