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.