CS FOR SENATE BILL NO. 247(FIN) An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Co-Chair Williams explained his intent regarding the capital budget amendment process. He asked if there was any public testimony. There being no one on line or present in Committee to testify, public testimony was closed. SB 247 was HELD in Committee for further consideration. #SB180 CS FOR SENATE BILL NO. 180(FIN)(efd fld) An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; relating to cost-of-living differentials for state aid to municipalities. Co-Chair Mulder MOVED to RESCIND previous action taken on adopting Amendment #2. There being NO OBJECTION, the action was rescinded. Co-Chair Mulder MOVED to WITHDRAW Amendment #2. There being NO OBJECTION, the amendment was withdrawn. Co-Chair Mulder MOVED to report HCS CS SB 180 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CS SB 180 (FIN) was reported out of Committee with a "do pass" recommendation and with new fiscal notes by the Department of Administration and the Alaska Court System. #SB206 CS FOR SENATE BILL NO. 206(TRA) An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities. JOSH GOVAARS, STAFF, SENATOR DAVE DONLEY, stated that the committee substitute for SB 206 (TRA) would help to insure the availability of priority parking for truly disabled Alaskans and was intended to prevent many of the instances of abuse that currently exist in our State's disabled parking system. The bill would accomplish that by improving the issuing process for disabled parking permits and cracking down on individuals convicted of illegally parking in disabled parking areas or convicted of misusing disabled parking permits. To provide better access to disabled parking spaces for the truly disabled, the State of Washington toughened its laws to combat widespread abuse of disabled parking placards. Other states have also tightened up their disabled parking laws. Mr. Govaars noted that it is often difficult to identify whether or not individuals who have parked an automobile in a disabled parking space are disabled. Working closely with the Division of Motor Vehicles (DMV), it has been determined that their computer system indicates whether an individual has been issued a disabled parking placard and/or license plates. The Division was able to make the information available to troopers and police officers when they perform a records check on either a license plate or a person's identification. That would allow law enforcement officials to determine if a placard or license plate was being used fraudulently. Mr. Govaars added that under current law, anyone might park in a disabled parking space as long as their vehicle has a disabled placard or license plate. The legislation would clearly define whom "may park" in a parking place reserved for disabled individuals. A new provision was added specifying that the person issued a special permit must be occupying or operating the vehicle; or that the person operating the vehicle was doing so for the purpose of transporting a disabled person and that the disabled person must actually exit or enter the vehicle. Mr. Govaars concluded that the legislation would increase the penalties for illegally parking in a disable parking space and for misusing a disabled permit to park in a disabled parking space. Under existing law, violators are fined $100 dollars if they are convicted of either of those offenses. Under the bill, individuals convicted of illegally parking in a disabled parking space would be fined $125 dollars for the first offense Representative Croft inquired what the current requirement was. Mr. Govaars explained that as statute is now, if there is a permit in the vehicle, any person has the right to use the space. The proposed legislation guarantees that only the person actually issued the permit is able to use the space. To use it, the person must get in and out of the vehicle. Representative Croft asked what was being corrected. Mr. Govaars responded that there have been people caught in Anchorage with someone else's permit in their car, which is legal under current statute. The bill would change that. Representative Hudson asked if the disabled person had to be the driver. Mr. Govaars responded that in order to use the spot, the disabled has to be in the vehicle and must either enter or exit the vehicle when it is parked. Representative Hudson suggested that the legislation could be "over" restrictive. Discussion following between Mr. Govaars and Representative Hudson regarding a particular situation with a handicapped friend of his. Vice-Chair Bunde noted that the legislation would be establishing a new standard. Representative Davies asked if consideration had been given to how many spaces were available at each lot. Mr. Govaars responded that federal law mandates a certain number and size of spaces to be allocated. The persons owning the lot decide the number of spaces. Representative Davies understood that all the handicap spaces were open and that the driver could remain in the car to guarantee that the space remains available. Mr. Govaars clarified that the legislation would not account for people borrowing a spot, which would be considered an inappropriate use of that spot. The disabled parking spots are designed for those people that need to have access. Representative Davies pointed out that there are circumstances in which no other parking places are available outside of those designated. He thought it was reasonable that as long as there were spaces available and there was a driver in the car, it should be okay to park there. Mr. Govaars did not know how to make the legislation "fit" into that example. WILLIAM CRAIG, ALASKA INDEPENANT BLIND, SITKA, spoke in favor of the bill and urged that it pass from Committee. HELEN CRAIG, SITKA, testified in support of the legislation. Representative Croft referenced Page 4; the phrase used throughout, "is operated by or used for the purpose of transporting a person with a disability". He noted that the problem exists that Section 2 adds, "The person who has the special permit actually exits or enters the vehicle". He stated that language should address the concern. Representative Croft MOVED to DELETE language on Page 4, Lines 11 & 12, "and the person who has the special permit actually exits or enters the vehicle". Vice-Chair Bunde OBJECTED. He stated that the person driving does not need the special space. The person with the disability would not be inconvenienced if they were not getting into or exiting the vehicle. Representative Hudson referred to a personal situation in which his friend remained in the car but he had parked in a designated space in order to take care of her pharmacy needs from that establishment. He understood that he could have backed out and parked in another space. Vice-Chair Bunde reiterated that if the driver is capable, they should not use the designated handicap spot. Representative Davies interjected that there are handicap persons that are mobile that might only need assistance. Vice-Chair Bunde commented that person would be driving with handicap plates or a handicap sticker. Discussion followed between Vice-Chair Bunde, Representative Davies and Representative Croft regarding the handicap plates and ticketing potential. Representative Davies thought that "handicap" should be clarified. Vice-Chair Bunde pointed out that the legislation stipulates that the handicap person must either enter or exit the vehicle. The person does not have to do both to avoid the ticket. Co-Chair Mulder voiced concern with language written on Page 4 and the number of points charged for a non-moving violation. He stated that he did not object to a fine, however, the points affect the amount that person pays for insurance. He reiterated that would be an inappropriate point charge. He referenced Lines 22-31, recommending a conceptual amendment which would double the fine and delete language regarding the points against the person's driving record. Co-Chair Mulder MOVED to ADOPT that conceptual amendment. Representative Foster MOVED to report HCS CS SB 206 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CS SB 206 (FIN) was reported out of Committee with a "do pass" recommendation and with zero fiscal notes, #2 by the Department of Public Safety and #3 by the Department of Administration.