Legislature(2013 - 2014)CAPITOL 106

03/04/2014 08:00 AM House STATE AFFAIRS


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08:05:37 AM Start
08:06:10 AM Confirmation Hearing(s)|| State Commission for Human Rights|| Board of Parole|| Personnel Board|| Alaska Police Standards Council|| Alaska Public Offices Commission
08:50:10 AM HB232
09:50:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
State Commission for Human Rights; Board of
Parole; Personnel Board; Alaska Police Standards
Council; Alaska Public Offices Commission
*+ HB 232 DISABILITY DESIGNATION ON ID/LICENSE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 232-DISABILITY DESIGNATION ON ID/LICENSE                                                                       
                                                                                                                                
8:50:10 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL  NO.  232,  "An  Act  relating  to  a  voluntary  disability                                                               
designation  on  a  state  identification  card  and  a  driver's                                                               
license; and relating to training in recognizing disabilities."                                                                 
                                                                                                                                
8:50:34 AM                                                                                                                    
                                                                                                                                
JANE PIERSON, Staff, Representative  Steve Thompson, Alaska State                                                               
Legislature,  presented  HB  232   on  behalf  of  Representative                                                               
Thompson, prime sponsor.  She stated:                                                                                           
                                                                                                                                
     The  goal of  HB  232 is  to  assist in  communications                                                                    
     between   justice    professionals,   law   enforcement                                                                    
     professionals,   emergency    responders,   and   other                                                                    
     agencies that may interact with  people who have hidden                                                                    
     disabilities, whether  these individuals  encounter the                                                                    
     system as victims,  witnesses, or alleged perpetrators.                                                                    
     Hidden or invisible disabilities  are those physical or                                                                    
     mental  impairments that  are not  readily apparent  to                                                                    
     others.   They include such conditions  as intellectual                                                                    
     disabilities, traumatic  brain injuries,  mental health                                                                    
     conditions,   epilepsy,   hearing  impairment,   [fetal                                                                    
     alcohol  spectrum disorders]  FASD,  autism, and  post-                                                                    
     traumatic stress disorder.                                                                                                 
                                                                                                                                
MS. PIERSON said  HB 232 has two components.   The first would be                                                               
to institute  a voluntary  statewide identification  (ID) system,                                                               
which would discretely inform officials  that the individual with                                                               
whom they are interacting has a  hidden disability.  She said the                                                               
indicator would  be "intentionally  unobtrusive," similar  to the                                                               
water  mark currently  used on  the Alaska  ID card  and driver's                                                               
license to  indicate an  organ donor.   An individual  would have                                                               
the  option  to  display  a larger  indicator,  for  example,  on                                                               
his/her  vehicle.   She  said  one  woman  in Fairbanks  wears  a                                                               
certain vest as an indicator.                                                                                                   
                                                                                                                                
MS. PIERSON relayed that the second  component in HB 232 would be                                                               
to   require  training   of   all   justice  professionals,   law                                                               
enforcement   professionals,  emergency   responders  and   other                                                               
agencies to  recognize a person  with a hidden disability  and to                                                               
learn to  appropriately interact with  that person.   She relayed                                                               
that the sponsor  was still working on the  training component of                                                               
HB 232.   She said the  original idea was to  have the Governor's                                                               
Council of Disabilities and Special  Education be responsible for                                                               
the training,  but said "unfortunately,  this is not a  good fit,                                                               
and we're working to find  the right departmental organization to                                                               
oversee this  portion of the  bill."  She  stated that it  is the                                                               
sponsor's intent that the training portion  of HB 232 be a short,                                                               
computer-based,   educational  program   that  will   give  basic                                                               
instruction  and  provide  resources  for  further  education  or                                                               
information.                                                                                                                    
                                                                                                                                
8:53:25 AM                                                                                                                    
                                                                                                                                
MS. PIERSON  said the Ninth Circuit  Court has just held  for the                                                               
first time that Title 2 of  the Alaskans with Disabilities Act is                                                               
applicable    to   arrest    and   to    police   investigations.                                                               
Specifically, she said, the court  notes that there are two types                                                               
of Alaskans  with Disabilities claims for  policies investigators                                                               
and arrests.   The first, she said, is wrongful  arrest, which is                                                               
when the  police arrest someone  with a disability,  because they                                                               
misperceive the effects of that  disability as criminal activity.                                                               
The  second is  reasonable  accommodation, which  is when  police                                                               
properly investigate and arrest a  person with a disability for a                                                               
crime  unrelated  to  the disability,  they  fail  to  reasonably                                                               
accommodate  the  person's  disability   in  the  course  of  the                                                               
investigation  or arrest,  causing the  person to  suffer greater                                                               
injury or indignity in the process than other arrestees.                                                                        
                                                                                                                                
8:54:25 AM                                                                                                                    
                                                                                                                                
MS. PIERSON  said people with  hidden disabilities can  face many                                                               
disadvantages when interacting with  the criminal justice system.                                                               
She  said  disabled  people  may   not  want  their  disabilities                                                               
recognized, so  they try  to hide  them.   She said,  "This would                                                               
hopefully make  it more open for  people to discuss that  they do                                                               
have a disability."  She listed other disadvantages as follows:                                                                 
                                                                                                                                
     They may not understand commands.                                                                                          
     They may be overwhelmed by the presence of authority.                                                                      
     They  may   have  trouble  processing   or  remembering                                                                    
     information.                                                                                                               
     They may not be able  to follow instructions and may be                                                                    
     perceived as belligerent or unmotivated.                                                                                   
     They may have a low  level of frustration, causing them                                                                    
     to act out in anger.                                                                                                       
     They  may not  understand why  they are  being detained                                                                    
     and try to run away or become upset or combative.                                                                          
     They  may  have  difficulty remembering  or  describing                                                                    
     details, actions, or facts.                                                                                                
     They may not understand what they are agreeing to.                                                                         
     They may be easily led or persuaded by others.                                                                             
     They may eagerly  confess in order to  please or answer                                                                    
     questions in ways  they think will please  who they are                                                                    
     talking with.                                                                                                              
                                                                                                                                
MS. PIERSON said  understanding that a person  [has] a disability                                                               
is the  first step  to creating equality  with those  with hidden                                                               
disabilities  when  they  interact with  police  officers,  first                                                               
responders, or  court officers.   She said without  the knowledge                                                               
that   the  person   has   the   hidden  disability,   reasonable                                                               
accommodations cannot be provided.                                                                                              
                                                                                                                                
8:55:41 AM                                                                                                                    
                                                                                                                                
MS. PIERSON covered the bill sectional, which read as follows:                                                                  
                                                                                                                                
     Section 1. Adds a new  section to AS 18.08 That directs                                                                    
     an  emergency medical  service  system  to provide  its                                                                    
     employees training in recognizing hidden disabilities.                                                                     
                                                                                                                                
     Section  2.   Adds  a  new  section   to  AS  18.65.310                                                                    
     Providing that  a person  may voluntarily  designate on                                                                    
     their  State of  Alaska Identification  Card that  they                                                                    
     have a disability.                                                                                                         
                                                                                                                                
     Section 3.  Adds a new  section to AS 18.65  - Training                                                                    
     in  Recognizing Disabilities.  Providing the  framework                                                                    
     for establishing the disability training program.                                                                          
                                                                                                                                
     Section  4. AS  18.70.020  is  amended instructing  the                                                                    
     Department  of  Public  Safety to  provide  a  training                                                                    
     program to recognize and interact  with a person with a                                                                    
     hidden disability.                                                                                                         
                                                                                                                                
     Section 5. AS 22.20 is  amended by adding a new section                                                                    
     -  Instructing  the  Alaska  Court  System  to  provide                                                                    
     training  in recognizing  and  interacting with  people                                                                    
     with hidden disabilities.                                                                                                  
                                                                                                                                
     Section  6. AS  28.15.111 is  amended by  adding a  new                                                                    
     subsection,  providing that  a  person may  voluntarily                                                                    
     designate  on their  Alaska  State  Driver's License  a                                                                    
     disability designation and the  fee that the department                                                                    
     can charge.                                                                                                                
                                                                                                                                
8:56:37 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN related an incident that  happened when he served as a                                                               
police officer  in Tucson, Arizona,  in which a man  was arrested                                                               
for  being   drunk  in   public,  when   actually  the   man  was                                                               
experiencing  a diabetic  coma.    He asked  Ms.  Pierson if  the                                                               
proposed bill would protect someone in that situation.                                                                          
                                                                                                                                
MS. PIERSON confirmed  that the intent of the bill  is to provide                                                               
awareness  that  there  is  a  problem,  thus  making  the  first                                                               
communication   with   the    person   non-combative   and   more                                                               
understanding.                                                                                                                  
                                                                                                                                
8:57:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER questioned whether  one designator would be                                                               
enough for the  broad range of disabilities  when "it's dependent                                                               
upon  the  communication  between  the disabled  person  and  ...                                                               
whoever needs to have the information."                                                                                         
                                                                                                                                
MS. PIERSON answered  that there is a universal  symbol, and that                                                               
or  something similar  could  be  used as  the  designator.   She                                                               
indicated  that  research for  HB  232  revealed that  there  are                                                               
already many  training programs  in existence.   She  offered her                                                               
understanding  that  that  is  reflected   in  the  fiscal  notes                                                               
[included in the committee packet].                                                                                             
                                                                                                                                
8:58:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER noted that the cost  of the bill is tied to                                                               
the Division of  Motor Vehicles and "getting  the mechanical part                                                               
of  it done."   He  said he  was pleased  that the  entities that                                                               
would have to  respond to the proposed bill  have indicated their                                                               
support of it.                                                                                                                  
                                                                                                                                
MS. PIERSON responded that is  true; however, she said she thinks                                                               
there is  still more work  to do  with the departments  to ensure                                                               
those  actually  working  with  the  public  have  the  necessary                                                               
training.                                                                                                                       
                                                                                                                                
8:59:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  asked  if  a  physical  disability  would                                                               
include  medical   conditions.     Further,  she  asked   for  an                                                               
explanation  of  the  difference  between  cognitive  and  mental                                                               
disabilities.                                                                                                                   
                                                                                                                                
MS.  PIERSON responded  that under  HB 232,  diabetes would  be a                                                               
hidden disability.   She said HB  232 was brought to  the sponsor                                                               
by the  local disability  community in Fairbanks.   She  said she                                                               
found it interesting that that  community addressed "all sorts of                                                               
things."  She  added, "So, ... a hidden disability  can cross all                                                               
sorts of lines."                                                                                                                
                                                                                                                                
REPRESENTATIVE  HUGHES  questioned  whether  the  word  "medical"                                                               
needs to  be added.  She  then asked if other  states have passed                                                               
similar legislation.                                                                                                            
                                                                                                                                
9:00:55 AM                                                                                                                    
                                                                                                                                
MS. PIERSON answered that she did not know, but would find out.                                                                 
                                                                                                                                
9:01:06 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN said  whether or not alcoholism is a  disease has long                                                               
been  debated.    He  asked  if,  under  HB  232,  someone  could                                                               
designate  him/herself as  an alcoholic  who is  unable to  drink                                                               
responsibly.                                                                                                                    
                                                                                                                                
MS. PIERSON answered that that is not intent of bill.                                                                           
                                                                                                                                
CHAIR LYNN suggested that could be an unintended consequence.                                                                   
                                                                                                                                
9:01:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  directed attention to the  second sentence                                                               
in  the  analysis  section  of  the  fiscal  note  from  the  DMV                                                               
[provided  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Proof   of    the   disability    (cognitive,   mental,                                                                    
     neurological,  or physical)  must  be  provided at  the                                                                    
     time  of the  request and  must be  issued by  a person                                                                    
     licensed  as a  medical doctor  or physician  assistant                                                                    
     under AS  08.64, an  advanced nurse  practitioner under                                                                    
     AS 08.68, or a licensed psychologist under AS 08.86.                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER ventured  that someone  who had  a problem                                                               
with  alcohol would  not be  given the  designation without  both                                                               
asking for it and getting documentation from a doctor.                                                                          
                                                                                                                                
MS. PIERSON concurred.                                                                                                          
                                                                                                                                
9:02:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  said  she  was thinking  about  the  many                                                               
differences of  people.   She said she  has friends  who stutter.                                                               
She  offered  her  understanding that  the  proposed  legislation                                                               
would encourage  a heightened sensitivity in  first responders to                                                               
discover another  reason for  a person's  behavior.   She related                                                               
that  she is  the legal  guardian  of her  father-in-law, who  is                                                               
diabetic, and he wears something  around his neck that lets first                                                               
responders know  to call  her.   She said  there was  a situation                                                               
where her  father-in-law had  not fallen  in to  a coma,  but was                                                               
acting "really goofy," and that  situation could have gone wrong,                                                               
but did  not.   Representative Gattis asked  Ms. Pierson  to talk                                                               
about the impetus for HB 232.                                                                                                   
                                                                                                                                
9:04:40 AM                                                                                                                    
                                                                                                                                
MS. PIERSON  indicated that  Representative Thomas  held meetings                                                               
with "the disability services people  in Fairbanks" in the summer                                                               
of 2013.   Local stories  were relayed.  She  said no one  was at                                                               
fault; it was  "misperceived from the get-go."   She relayed that                                                               
the bill sponsor is trying to  provide an avenue for a first line                                                               
of communication.                                                                                                               
                                                                                                                                
9:05:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said he is  also curious to know if                                                               
similar legislation exists in other  states.  He then opined that                                                               
Section 2 makes  sense, because it seems to solve  a problem.  He                                                               
said  Sections  3-5  give  him  pause,  because  he  believes  in                                                               
frugality  when it  comes  to statutes.    He questioned  whether                                                               
requiring training  could best be  accomplished through  a dialog                                                               
with  the   departments,  through   more  informal  means.     He                                                               
recollected   conversations  with   school   board  members   and                                                               
superintendents who  have talked  about the  onerous accumulation                                                               
of regulation  and law  over decades.   He clarified  that "while                                                               
all   of  this   is  wonderful   and  important,"   he  questions                                                               
establishing the proposed training programs by law.                                                                             
                                                                                                                                
9:07:18 AM                                                                                                                    
                                                                                                                                
MS. PIERSON  indicated that a  next step  may be to  gather those                                                               
people who work  with those with disabilities  to discuss exactly                                                               
what sort of training is needed  and decide whether that needs to                                                               
be in  statute or how  it needs to be  referenced, as well  as to                                                               
find out "what is already being done."                                                                                          
                                                                                                                                
9:08:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER recalled  that  Representative Gattis  had                                                               
mentioned people who stutter.   He directed attention to language                                                               
in Section  6, on  page 3,  lines 14-15, of  HB 232,  which read:                                                               
"the  owner  has a  disability,  including  a cognitive,  mental,                                                               
neurological, or physical disability,  or a combination of them."                                                               
He  said he  thinks  the DMV  needs  to know  that  the scope  of                                                               
possibilities  would not  be limited  by a  licensed doctor.   He                                                               
opined that the language is clear.                                                                                              
                                                                                                                                
9:10:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  said she  appreciates the list,  but would                                                               
like to know what a medical  professional may or may not include.                                                               
For  example, one  doctor might  include  alcoholism and  another                                                               
might  not.   She  said there  is nothing  that  would prevent  a                                                               
person  who is,  for  example, a  diabetic  from wearing  special                                                               
identification  indicating  his/her  condition.   She  questioned                                                               
whether there is a way for a  person to carry that ID without the                                                               
state's involvement.   She asked, for example, if  there might be                                                               
a national organization already in existence.                                                                                   
                                                                                                                                
9:11:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS indicated that  just because one doctor may                                                               
consider alcoholism  a disability  that does not  mean it  is all                                                               
right for  the person to be  drinking and driving.   She said she                                                               
thinks the  first responder would  note the disability  but still                                                               
tell the person if they are  doing something against the law, and                                                               
she said she does not think the bill would change that.                                                                         
                                                                                                                                
MS. PIERSON responded that Representative  Gattis is correct that                                                               
a person,  whether or  not with a  disability, would  be punished                                                               
for a crime.                                                                                                                    
                                                                                                                                
9:13:27 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN ventured there would not  be enough room on a driver's                                                               
license  or state  ID  to  include a  description  of a  person's                                                               
disability; therefore, he questioned  how a first responder would                                                               
be able to figure it out.                                                                                                       
                                                                                                                                
MS.  PIERSON confirmed  that  there  is not  enough  room on  the                                                               
license to  include the  information, but  she surmised  that the                                                               
first responder  would ask the  person to  find out what  kind of                                                               
disability he/she had.   She said she would need  to talk to [the                                                               
director of the DMV], Amy Erickson,  to find out if the signifier                                                               
on the  driver's license or  state ID would  be linked in  to the                                                               
division's database.                                                                                                            
                                                                                                                                
CHAIR LYNN  pointed out that  it had  been impossible to  talk to                                                               
the aforementioned man in the diabetic coma.                                                                                    
                                                                                                                                
9:15:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  said she  would be  interested to  know if                                                               
the  signifier  on  the  ID  would be  linked  in  to  the  DMV's                                                               
database.  She  asked if part of the proposed  training for first                                                               
responders would be  to ask the person with the  signifier on the                                                               
driver's license or state ID what his/her disability is.                                                                        
                                                                                                                                
MS. PIERSON  answered she hoped it  would be.  She  indicated she                                                               
would need  to find out if  there would be any  issues related to                                                               
the Health Insurance Portability  and Accountability Act (HIPAA),                                                               
because the  DMV would receive  a letter from a  doctor regarding                                                               
the disability.                                                                                                                 
                                                                                                                                
9:16:53 AM                                                                                                                    
                                                                                                                                
FRANK BOX testified  that he is a two-time  brain cancer survivor                                                               
who  has experienced  sensory processing  disorder.   He said  he                                                               
facilitates a  head injuries support group  in Anchorage, Alaska.                                                               
He said when [a first responder]  shines a light into a car, that                                                               
light  will  bother most  people's  eyes,  but  it can  induce  a                                                               
seizure in some  individuals.  He relayed that  the support group                                                               
has given  cards to its members,  but the act of  reaching into a                                                               
coat pocket  for the card  can appear threatening to  an officer;                                                               
therefore,  if  the  aforementioned   icon  were  placed  on  the                                                               
person's driver's license,  it would give the officer  a heads up                                                               
to  either check  for a  medical  alert bracelet  or ask  further                                                               
questions.  He  said strobe lights [from a  police vehicle] could                                                               
cause someone  to appear drunk  or impaired.   He stated  that if                                                               
the person  is then asked  to get out  of the vehicle  and cannot                                                               
use his/her vision  to balance, he/she will fall  down and appear                                                               
even more  inebriated, and may  become upset because  the officer                                                               
is asking for  something that could harm the person.   He stated,                                                               
"A  little bit  of understanding  at the  beginning would  help a                                                               
lot."  He said  he has appeared "out of it,"  and when people ask                                                               
him questions he gives them his medical history.                                                                                
                                                                                                                                
MR. BOX  spoke of one  man who could  type 40-50 words  a minute,                                                               
but could  not talk  because of  a problem  with stuttering.   He                                                               
indicated  that  the man  did  just  fine using  a  communication                                                               
board,  which  Mr. Box  indicated  was  supplied by  the  support                                                               
group.  He  said the man, who  had a drug problem,  did not drive                                                               
but traveled  by bus.   If he was asked  a question while  on the                                                               
bus, he would have  to dig in to his backpack  to get his tablet,                                                               
which  would result  in  the man  being  tackled; therefore,  the                                                               
support group made the man a card  to wear on a lanyard, and when                                                               
he showed  the card, he would  then be allowed to  reach into his                                                               
backpack for  the tablet.  He  indicated that the man  on the bus                                                               
with the lanyard  and tablet is an example of  giving someone the                                                               
space he/she needs before reacting.                                                                                             
                                                                                                                                
MR. BOX  remarked that police officers  have a tough job,  and he                                                               
stated that  "their first  duty is  to come  home alive  to their                                                               
family."   He said, "I  work with that  population now, so  I can                                                               
really appreciate it,  but I can appreciate it from  the point of                                                               
being up here.  So, I hear about it all the time."                                                                              
                                                                                                                                
9:20:04 AM                                                                                                                    
                                                                                                                                
MR.  BOX,  referring  to   previously  expressed  concerns  about                                                               
alcoholism  as a  disability and  drunk driving,  said, "I  don't                                                               
think this  should be a get-out-of-jail  free card."  He  said he                                                               
knows how even  a little bit of alcohol affects  him, and he does                                                               
not  like it.    He  talked about  people  in  the support  group                                                               
claiming that  they only  drank one  beer six  hours ago,  and he                                                               
said they should know better than  to drink at all when they have                                                               
a  neurological impairment.   Mr.  Box opined  that a  person who                                                               
knows he/she should  not drink but does so and  breaks the law by                                                               
driving while intoxicated  or being drunk in  public is "probably                                                               
done" and  gets what he/she deserves  and "ruins it for  the rest                                                               
of us."                                                                                                                         
                                                                                                                                
MR.  BOX stated,  "I'm an  advocate, and  I'm a  survivor, and  I                                                               
would really appreciate this bill  being passed."  He recommended                                                               
the committee  investigate some of the  crisis intervention teams                                                               
that are working with the  Anchorage Police Department (APD).  He                                                               
indicated that  he and Wendy  Shackleford (ph) offer  training on                                                               
the last day  of the crisis intervention team training.   He said                                                               
it is a  great program, and he offered his  understanding that it                                                               
is  voluntary.   He  related  that over  120  police officers  in                                                               
Anchorage have completed the training.                                                                                          
                                                                                                                                
9:22:08 AM                                                                                                                    
                                                                                                                                
EMILY LUCAS  stated that  she is a  33-year-old woman  who, while                                                               
working as a  rafting guide in Denali National  Park and Preserve                                                               
a year  and a half ago,  suffered a (indisc.) that  resulted in a                                                               
stroke.   She said  she is  doing well,  although she  has hidden                                                               
cognitive and neurological disabilities,  which she indicated are                                                               
not expected in someone  her age or just by looking  at her.  She                                                               
related  an  incident in  Colorado,  last  September, during  the                                                               
floods, when  she ended up  walking to an  area that she  did not                                                               
realize  had  been closed  off  by  police,  and she  was  almost                                                               
arrested,  because she  was  not able  to  process the  officer's                                                               
direction and move quickly enough.   She said she did not explain                                                               
her  disability,  because she  did  not  want to  complicate  the                                                               
situation, but  she was able to  apologize and move on  and avoid                                                               
arrest.  She  said she has heard stories of  people who have been                                                               
arrested in similar situations.                                                                                                 
                                                                                                                                
9:25:08 AM                                                                                                                    
                                                                                                                                
MS. LUCAS,  regarding the idea  of wearing  a card, said  she has                                                               
heard of  situations where officers  are not able to  verify that                                                               
the  card  is  from  a  reputable  source,  which  she  said  she                                                               
understands, and  the situations  have resulted  in arrest.   She                                                               
expressed  appreciation of  the proposed  legislation, especially                                                               
the treatment of  people with hidden disabilities as  a great way                                                               
to open the  dialog "to explain these things," not  only from the                                                               
perspective of  first responders  and courts,  but also  from the                                                               
perspective of the victims or survivors.                                                                                        
                                                                                                                                
9:26:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS  said she agrees  with Ms. Lucas,  with the                                                               
exception of  her remarks about  the card.   She said  she thinks                                                               
all first responders would look at  a card, which would give them                                                               
pause to "look deeper."  Further,  she said a tag on the driver's                                                               
license or state  ID would have merit.  She  opined that any time                                                               
an individual  indicates to others  "what may  be a problem  or a                                                               
concern," he/she has done a better job of communicating.                                                                        
                                                                                                                                
9:27:56 AM                                                                                                                    
                                                                                                                                
JUANITA  WEBB stated  that  she  is part  of  "Wall Busters,"  an                                                               
advocacy  group  in  Fairbanks that  helped  bring  the  proposed                                                               
legislation forward.   She  indicated that  she has  trouble with                                                               
the  idea  of  wearing  a  card announcing  a  disability.    She                                                               
explained, "If  I have a hidden  disability, I'm going to  try to                                                               
live my  life as normally  as I can."   She opined that  a person                                                               
with  a disability  has the  right to  privacy.   She recollected                                                               
that someone  had spoken of  people having the cards  without the                                                               
state getting involved.  She said,  "I think it's more than that.                                                               
It's the combination of the card  and the training together.  ...                                                               
You can  have everybody  work hard, but  if there's  not training                                                               
behind that  that tells people  how to interact or  what symptoms                                                               
some  of  these  disabilities   may  create,  we're  not  solving                                                               
anything at all."                                                                                                               
                                                                                                                                
9:29:47 AM                                                                                                                    
                                                                                                                                
RICHARD WEBB,  National Federation  of the  Blind -  Midnight Sun                                                               
Chapter, stated that he was  testifying on behalf of the National                                                               
Federation of the  Blind - Midnight Sun Chapter and  himself.  He                                                               
said he is involved in many  committees throughout the state.  He                                                               
said there  are many key  words in the proposed  legislation that                                                               
the federation likes.   One is "discreet".  He  said the disabled                                                               
population is vulnerable, and wearing  a placard tells everybody,                                                               
whether good-intentioned or  not, about the disability.   He said                                                               
he  is legally  blind and  carries  a white  cane; therefore,  he                                                               
already   shows  any   onlooker   that  he   has  a   disability.                                                               
Nevertheless, he  said he is amazed  how many people do  not know                                                               
the  meaning of  a white  cane.   He  said  he has  not had  many                                                               
interactions  with  law  enforcement  or the  court  system,  but                                                               
emphasized the importance of training  both.  He highlighted that                                                               
under  HB 232,  the wearing  of a  card to  signify a  disability                                                               
would be  voluntary.   He said  the blind  community wants  to be                                                               
treated equally.                                                                                                                
                                                                                                                                
MR.  WEBB said  he has  heard various  stories about  people with                                                               
disabilities  who  were arrested  or  close  to arrested  because                                                               
police  officers made  an  assumption based  on  their speech  or                                                               
walk,  for  example.    He  said   those  who  do  not  know  the                                                               
significance  of his  white cane  or  wrap-around sunglasses  may                                                               
think that  he is looking at  them, because he is  not completely                                                               
blind.  He said  that in fact, a very small  portion of the blind                                                               
population is 100  percent blind.  He stated his  belief that [HB
232] is  a great step  forward.  He  noted that there  is nothing                                                               
really to  model the  bill after; there  is something  similar in                                                               
the State  of Illinois,  but "it  is not quite  the same  as this                                                               
bill would  create."  He  said the proposed  bill is not  "a fix-                                                               
all," but reiterated that it is an important step.                                                                              
                                                                                                                                
9:34:25 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN noted that his  mother had undergone a laryngectomy at                                                               
one point,  and he  commented on  the tendency  of some  to speak                                                               
louder to  a person  who cannot speak,  forgetting that  there is                                                               
nothing wrong with the person's hearing.                                                                                        
                                                                                                                                
9:35:11 AM                                                                                                                    
                                                                                                                                
TERESA   HOLT,   Executive   Director,  Governor's   Council   on                                                               
Disabilities and  Special Education,  testified that  the council                                                               
supports HB 232,  but respectfully asked the  committee to remove                                                               
the  council's name  from the  language [in  subsection (b)],  on                                                               
page 2, beginning on line 17, which read as follows:                                                                            
                                                                                                                                
               (b) In providing a training program under                                                                        
     this  section, each  agency or  institution offering  a                                                                    
     police   training  program   shall  consult   with  the                                                                    
     Governor's   Council   on  Disabilities   and   Special                                                                    
     Education established under AS 47.80.030.                                                                                  
                                                                                                                                
MS. HOLT explained that the  council's main purpose under federal                                                               
law  is to  advise  the  state regarding  the  needs and  systems                                                               
changes  for  individuals  with  intellectual  and  developmental                                                               
disabilities, which  is only  a fraction  of all  the individuals                                                               
that may have disabilities.   The council would not, for example,                                                               
feel qualified  to address the  needs of someone who  is diabetic                                                               
or someone  with a mental health  issue.  Ms. Holt  indicated her                                                               
support of  an earlier comment  regarding the APD,  and suggested                                                               
that either  the APD, with  its extensive program, or  the Alaska                                                               
Mental  Health   Trust  Authority   (AMHTA)  could   give  better                                                               
direction;   however,  she   said  no   one  entity   covers  all                                                               
disabilities.                                                                                                                   
                                                                                                                                
9:37:34 AM                                                                                                                    
                                                                                                                                
MS. PIERSON reiterated  that the sponsor is working  on finding a                                                               
go-to source.   In response to  the chair, she said  she does not                                                               
disagree with [Ms. Holt].                                                                                                       
                                                                                                                                
9:39:36 AM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Attachment,                                                               
Division of  Alaska State Troopers, Department  of Public Safety,                                                               
stated that the division does train  its officers to look for any                                                               
indication  of illness,  disability,  or injury  as  part of  the                                                               
investigative process.   The reports  done when someone  has been                                                               
stopped  for  DUI  have checklists,  whereby  the  officer  would                                                               
document  any  signs  of  injury  or disability.    He  told  the                                                               
committee that  additionally any person  who is brought  into the                                                               
department who  complains of  illness or injury  is taken  in for                                                               
medical clearance before he/she is  incarcerated.  If the illness                                                               
or  injury  is  severe,  the division  will  usually  wait  until                                                               
treatment  is  complete  before   arresting  the  individual  "to                                                               
protect the  state from  paying for medical  services."   He said                                                               
there are some limitations on  what the Alaska Public Information                                                               
System  - used  by  the  DMV and  law  enforcement  - can  store,                                                               
regarding  medical conditions.   For  example, when  the division                                                               
deals with individuals with known  infectious diseases, it uses a                                                               
general  system of  notification with  universal precautions  and                                                               
then  leaves  specific  medical information  off  the  system  to                                                               
protect the individual's privacy.                                                                                               
                                                                                                                                
LIEUTENANT DIAL said if, under  HB 232, a person's disability was                                                               
indicated  on his/her  driver's  license, the  division may  have                                                               
some  question as  to what  types of  medical questions  could be                                                               
asked.   He  concluded,  "If we  suspect any  in  the field,  for                                                               
example,  prior  to  giving  field   sobriety  testing,  we  will                                                               
certainly ask those currently."  He offered to answer questions.                                                                
                                                                                                                                
9:41:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  noted  that the  Alaska  Police  Officers                                                               
Association  expressed concern  in  a letter  about the  proposed                                                               
bill, and  the association argued  that it is  currently offering                                                               
training  programs.    She  asked Lieutenant  Dial  if  there  is                                                               
anything in  the bill that he  would want changed and  whether he                                                               
feels  that the  Division  of Alaska  State  Troopers is  already                                                               
ascertaining  in   every  situation   whether  there  may   be  a                                                               
disability.                                                                                                                     
                                                                                                                                
9:42:14 AM                                                                                                                    
                                                                                                                                
LIEUTENANT  DIAL said  he  would expect  officers  to use  common                                                               
sense in looking for "any evidence  of anything."  He offered his                                                               
understanding  that  HB  232  would  require  the  department  to                                                               
develop  training, perhaps  in consultation  with the  Governor's                                                               
Council  on Disabilities  [and Special  Education] or  some other                                                               
entity  that meets  the  qualifiers in  the bill.    He said  his                                                               
search  of  various  law  enforcement  jurisdictions  across  the                                                               
country indicates that "training  of this nature usually averages                                                               
about four hours in length for  those areas that provide it."  He                                                               
said  the  department anticipated  it  could  develop a  training                                                               
video or  in-house training program  that would  allow compliance                                                               
with  HB 232,  with  no fiscal  impact.   He  indicated that  the                                                               
division's only concern would be  that a requirement for training                                                               
beyond that  could be a  fiscal burden.   He noted that  in other                                                               
jurisdictions, the  training seemed  to center around  how people                                                               
with  disabilities might  react to  a situation,  wherein actions                                                               
are  misinterpreted  as  aggressive,   which  would  lead  to  an                                                               
escalation  and  use of  force  situation.    He said  those  are                                                               
elements that  would be  taken into  consideration as  a training                                                               
program was developed  to teach at the Public  Safety Academy and                                                               
Safe Fire Service Training Program.                                                                                             
                                                                                                                                
9:44:14 AM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department of Administration,  stated that the DMV  would have no                                                               
problem implementing HB  232.  She said  Representative Keller is                                                               
correct  that  the DMV  would  have  to  expand its  database  to                                                               
include a  new field for  the designator, and estimates  doing so                                                               
would  take approximately  320 program  hours and  $45,000.   She                                                               
said  it  is  difficult  to  estimate  how  many  Alaskans  would                                                               
volunteer for  the designator; therefore,  it did not  offset its                                                               
fiscal note [included in the  committee packet] with any revenues                                                               
that may be generated.   She stated that the proposed legislation                                                               
would  require  DMV  employees to  review  potentially  sensitive                                                               
medical  documents   in  order  to  authenticate   a  disability;                                                               
therefore, it  would recommend language  included in the  bill so                                                               
that the DMV could develop the  application in such a manner such                                                               
that medical providers could sign  off on the person's qualifying                                                               
disability.   She offered  to answer questions.   In  response to                                                               
Representative  Hughes, she  said  she does  not anticipate  that                                                               
under  HB 232  the  DMV would  be a  repository  for any  medical                                                               
information, but  would just make  the indication in  its records                                                               
that the person with the disability would get that designation.                                                                 
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  recollected that  someone had  mentioned a                                                               
need to  exclude some  members of  the court  system that  do not                                                               
interface with the  public.  She questioned if  language may need                                                               
to be changed in HB 232 to address that issue.                                                                                  
                                                                                                                                
9:46:45 AM                                                                                                                    
                                                                                                                                
NANCY  MEADE,  General Counsel,  Central  Office,  Office of  the                                                               
Administrative  Director,   Alaska  Court  System,   referred  to                                                               
[Section 5  of the  bill, on  page 3, lines  7-10, which  read as                                                               
follows]:                                                                                                                       
                                                                                                                                
     *Sec.5.AS 22.20 is amended by adding a new section to                                                                    
     article 1 to read:                                                                                                         
               Sec. 22.20.038. Training in recognizing                                                                        
     disabilities.    The  administrative  director  of  the                                                                  
     Alaska Court System shall  provide to judicial officers                                                                    
     and employees  training that meets the  requirements of                                                                    
     AS 18.65.350.                                                                                                              
                                                                                                                                
MS.  MEADE said  the Alaska  Court System  has approximately  800                                                               
employees, many  of whom  work in  technological services  and do                                                               
not have  contact with the  public and perhaps could  be excluded                                                               
from the  proposed bill.  She  said she has suggested  that using                                                               
the  phrase "court  clerks  who contact  with  the public"  might                                                               
fulfill the sponsor's intent.                                                                                                   
                                                                                                                                
9:48:06 AM                                                                                                                    
                                                                                                                                
MS.  PIERSON expressed  her  hope  to work  with  all parties  in                                                               
perfecting the proposed legislation.                                                                                            
                                                                                                                                
9:48:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  clarified  that she  had  played  devil's                                                               
advocate through  some of  her questions,  but has  compassion on                                                               
this issue  and understands from  reading the information  in the                                                               
committee  packet that  there have  been some  actions taken  and                                                               
arrests involving  people with disabilities that  should not have                                                               
occurred, and  "something like that  could possibly  eliminate or                                                               
at  least reduce  some of  that from  happening."   She expressed                                                               
appreciation  for the  sponsor's  bringing  forward the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
9:49:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS suggested that the testimony today has                                                                    
shed light on the issue, and she expressed appreciation to the                                                                  
bill sponsor and Ms. Pierson.                                                                                                   
                                                                                                                                
9:49:50 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
CHAIR LYNN announced that HB 232 was held over.                                                                                 

Document Name Date/Time Subjects
01 HB 232 - Bill version N.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
02 HB 232 - Sponsor Statement version N 2.10.14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
03 HB 232 - Sectional Summary.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
05 HB 232 Letter of Support, Wall Busters 2.19.14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
06 HB 232 - Personal stories.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
07 HB 232 - Hints for communicating with prople with hidden disabilities.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
08 HB 232 - Opposition letter APOA.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
09 HB 232 - Letter of Support, Cindy Turnbough 2.24.14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
10 HB 232 - Letter of Support, Donna Nelson 2.25.14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
11 HB 232 Letter of Support, Wall Busters 2.19.14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
Human Rights - Lewis #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Human Rights - Christiansen #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Parole - Henderson #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Personnel - Hickel #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Police Standards - Burton #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Police Standards - Nieves #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
Police Standards - Troglio #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
APOC - Catalone #3.pdf HSTA 3/4/2014 8:00:00 AM
Governor Appointment
04-a-Fiscal Note DOA HB232.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
04-b-Fiscal Note DHS-PH HB232.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
04-c-Fiscal Note DHS Senior Disabilities HB232.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
04-d Fiscal Note HB232-ACS-TRC-03-03-14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
04-e Fiscal Note HB232 DOC Administration 2-28-14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
04-f Fiscal Note HB232 DPS Statewide Support 2-28-14.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
12 HB232 Answers to HSTA Committee Member Questions 3-6-2014.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
13 HB232 Appendix A-Samples of hidden disabilities.pdf HSTA 3/4/2014 8:00:00 AM
HB 232
14 HB232 Appendix B-Illinois Person with a Disability Identification Card statute.pdf HSTA 3/4/2014 8:00:00 AM
HB 232