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HB 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."

00                              HOUSE BILL NO. 16                                                                          
01 "An Act relating to training regarding disabilities for police officers, probation officers,                            
02 parole officers, correctional officers, and village public safety officers; relating to                                 
03 guidelines for drivers when encountering or being stopped by a peace officer; relating to                               
04 driver's license examinations; and relating to a voluntary disability designation on a                                  
05 state identification card and a driver's license."                                                                      
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 18.65.220 is amended to read:                                                                      
08            Sec. 18.65.220. Powers. The council has the power to                                                     
09                 (1)  adopt regulations for the administration of AS 18.65.130 -                                         
10       18.65.290;                                                                                                        
11 (2)  establish minimum standards for employment as a police officer,                                                    
12 probation officer, parole officer, municipal correctional officer, and correctional                                     
13 officer in a permanent or probationary position and certify persons to be qualified as                                  
01       police officers, probation officers, parole officers, municipal correctional officers, and                        
02       correctional officers under AS 18.65.130 - 18.65.290;                                                             
03 (3)  establish minimum criminal justice curriculum requirements for                                                     
04 basic, specialized, and in-service courses and programs for schools operated by or for                                  
05 the state or a political subdivision of the state for the specific purpose of training                                  
06 police recruits, police officers, probation officers, parole officers, municipal                                        
07 correctional officers, and correctional officers; the curriculum requirements                                       
08       established under this paragraph must include training in                                                     
09                      (A)  recognizing people with disabilities;                                                     
10                      (B)  appropriate interactions with persons with disabilities;                                  
11 (C)  resources available to persons with disabilities and to                                                        
12            those interacting with persons with disabilities; and                                                    
13 (D)  the requirements of Title II of the Americans with                                                             
14            Disabilities Act, 42 U.S.C. 12131 - 12165;                                                               
15 (4)  consult and cooperate with municipalities, agencies of the state,                                                  
16 other governmental agencies, universities, colleges, and other institutions concerning                                  
17 the development of police officer, probation officer, parole officer, municipal                                         
18 correctional officer, and correctional officer training schools and programs of criminal                                
19       justice instruction;                                                                                              
20 (5)  employ an administrator and other persons necessary to carry out                                                   
21       its duties under AS 18.65.130 - 18.65.290;                                                                        
22 (6)  investigate when there is reason to believe that a police officer,                                                 
23 probation officer, parole officer, municipal correctional officer, or correctional officer                              
24 does not meet the minimum standards for employment; in connection with the                                              
25 investigation the council may subpoena persons, books, records, or documents related                                    
26 to the investigation and require answers in writing under oath to questions asked by                                    
27       the council or the administrator;                                                                                 
28 (7)  charge and collect a fee of $50 for processing applications for                                                    
29 certification of police, probation, parole, municipal correctional, and correctional                                    
30       officers.                                                                                                         
31    * Sec. 2. AS 18.65.310 is amended by adding a new subsection to read:                                              
01 (m)  The department shall provide a method for a person to designate                                                    
02 voluntarily on an identification card that the person has a disability, including a                                     
03 cognitive, mental, neurological, or physical disability, or a combination of them. The                                  
04 department shall create a discreet symbol to place on the identification card of a                                      
05 person requesting the designation. The method must provide a means by which the                                         
06 person may cancel the designation. The department may not charge a fee solely for the                                   
07 designation. To receive the designation, the person shall provide proof of the disability                               
08 from a person licensed as a physician or physician assistant under AS 08.64, as an                                      
09 advanced nurse practitioner under AS 08.68, or as a licensed psychologist under                                         
10 AS 08.86. Notwithstanding (a) of this section, the department may charge a fee of $5                                    
11 for replacement of a valid identification card with a new identification card with a                                    
12 disability designation and may charge a fee of $5 for replacement of an identification                                  
13 card with a disability designation with a new identification card without a disability                                  
14       designation.                                                                                                      
15    * Sec. 3. AS 18.65.670(c) is amended to read:                                                                      
16 (c)  The commissioner of public safety may adopt regulations related to village                                         
17 public safety officers, including minimum standards and training, criteria for                                          
18 community, municipality, or corporation participation, and the interaction between the                                  
19 Department of Public Safety and village public safety officers. Regulations adopted by                                  
20 the commissioner of public safety under this subsection may not prohibit village                                    
21 public safety officers who otherwise meet minimum standards and training from                                           
22 carrying firearms. If the commissioner of public safety adopts regulations                                          
23 regarding training for village public safety officers, at a minimum, that training                                  
24 must include disability training that provides training in the subjects set out in                                  
25 AS 18.65.220(3). The commissioner of corrections may adopt regulations related to                                   
26 the functions of village public safety officers providing probation and parole                                          
27       supervision.                                                                                                      
28    * Sec. 4. AS 28.05.011 is amended by adding a new subsection to read:                                              
29 (c)  If the department publishes a manual related to the safe and lawful                                                
30 operation of a motor vehicle, the manual must include the duties and responsibilities                                   
31       of drivers when encountering or being stopped by a peace officer.                                                 
01    * Sec. 5. AS 28.15.081(a) is amended to read:                                                                      
02 (a)  The department shall examine every applicant for a driver's license. The                                           
03 examination must include a test of the applicant's (1) eyesight, (2) ability to read and                                
04 understand official traffic control devices, (3) knowledge of safe driving practices, (4)                               
05 knowledge of the effects of alcohol and drugs on drivers and the dangers of driving                                     
06 under the influence of alcohol or drugs, (5) knowledge of the laws on driving while                                     
07 under the influence of an alcoholic beverage, inhalant, or controlled substance, (6)                                    
08 knowledge of the laws on financial responsibility and mandatory motor vehicle                                           
09 liability insurance, [AND] (7) knowledge of the traffic laws and regulations of the                                     
10 state, and (8) knowledge of the duties and responsibilities of drivers when                                         
11 encountering or being stopped by a peace officer. The examination may include a                                     
12 demonstration of ability to exercise ordinary and reasonable control in the driving of a                                
13 motor vehicle of the type and general class of vehicles for which the applicant seeks a                                 
14 license. However, an applicant who has not been previously issued a driver's license                                    
15 by this or another jurisdiction shall demonstrate ability and shall present medical                                     
16 information that the department reasonably requires to determine fitness to safely                                      
17 drive a motor vehicle of the type and general class of vehicles for which the applicant                                 
18       seeks a license.                                                                                                  
19    * Sec. 6. AS 28.15.111 is amended by adding a new subsection to read:                                              
20 (d)  The department shall provide a method, at the time that a driver's license is                                      
21 issued, by which the owner of a license may voluntarily designate on the license that                                   
22 the owner has a disability, including a cognitive, mental, neurological, or physical                                    
23 disability, or a combination of them. The department shall create a discreet symbol to                                  
24 place on the driver's license of a person requesting the designation. The method must                                   
25 provide a means by which the owner may cancel the designation. The department may                                       
26 not charge a fee solely for the designation. To receive the designation, the person shall                               
27 provide proof of the disability from a person licensed as a physician or physician                                      
28 assistant under AS 08.64, as an advanced nurse practitioner under AS 08.68, or as a                                     
29 licensed psychologist under AS 08.86. The department may charge a fee of $5 for                                         
30 replacement of a valid driver's license with a new driver's license with a disability                                   
31 designation and may charge a fee of $5 for replacement of a driver's license with a                                     
01       disability designation with a new driver's license without a disability designation.