03/23/2017 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB34 | |
| HB16 | |
| HB3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| *+ | SB 8 | TELECONFERENCED | |
| + | HB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
| += | HB 16 | TELECONFERENCED | |
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 |