Legislature(2017 - 2018)GRUENBERG 120
01/24/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 16 | TELECONFERENCED | |
HB 16-DRIV. LICENSE REQ;DISABILITY:ID &TRAINING
3:14:17 PM
CHAIR KREISS-TOMKINS announced that the only order of business
would be HOUSE BILL NO. 16, "An Act relating to training
regarding disabilities for police officers, probation officers,
parole officers, correctional officers, and village public
safety officers; relating to guidelines for drivers when
encountering or being stopped by a peace officer; relating to
driver's license examinations; and relating to a voluntary
disability designation on a state identification card and a
driver's license."
3:14:59 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature,
presented HB 16, as prime sponsor. He stated that HB 16 is
being introduced at the request of several constituents who
attested that persons with non-apparent disabilities were having
bad interactions with law enforcement officers due to
misconceptions and miscommunications stemming from their
disabilities. He offered that his office has worked with the
WallBusters, Access Alaska, and the Governor's Council on
Disabilities to compose HB 16 to improve communications "on both
sides."
REPRESENTATIVE THOMPSON said that there would be three
components to HB 16. The first would be non-apparent disability
training for public safety officers. The second, he said, would
be an additional section in the Division of Motor Vehicles (DMV)
handbook addressing driver's responsibility when interacting
with law enforcement. He said that this section was added
because he found that even people without disabilities were not
sure of what to do when stopped by a police officer, and people
with disabilities often get agitated and anxious, in addition to
not knowing how to respond. The Division of Motor Vehicles
personnel agreed that such an addition to the manual would be
warranted. He went on to say the third component would be a
statewide voluntary identification (ID) symbol that may be
placed on a driver's license. Representative Thompson showed
the committee a picture of the international symbol and
reiterated that use of the symbol would be totally voluntary.
REPRESENTATIVE THOMPSON opined that HB 16 would assist with
communications between all parties and prevent unexpected and
bad consequences of a police stop. He cited several bad
consequences including assumed intoxication, miscommunication,
and misunderstanding. He testified that law enforcement
agencies statewide have agreed to provide training for officers
on what to do if a person has a disability symbol on his/her
driver's license or state ID.
3:18:26 PM
LYNETTE BERGH, Staff, Representative Steve Thompson, Alaska
State Legislature, testified on HB 16, on behalf of
Representative Thompson, prime sponsor. She said some examples
of non-apparent disabilities are attention deficit hyperactivity
disorder (ADHD), epilepsy, migraine headaches, bipolar disorder,
chronic fatigue syndrome, reflex sympathetic dystrophy,
hereditary fructose intolerance, asthma, narcolepsy, autism, and
deafness. She reiterated the concern, both in Alaska and
nationally, for protecting people with hidden disabilities and
ensuring good communication between police officers and people
with disabilities. It is this concern, she said, that has
resulted in legislation in other states and prompted HB 16.
3:20:34 PM
REPRESENTATIVE BIRCH asked if there has been evidence of
improved outcomes in other locations where similar legislation
had been adopted.
MS. BERGH answered yes, that Maryland, after passing
legislation, has been documenting outcomes of interactions
between police officers and people with hidden disabilities.
She said, "It's been determined that any kind of training for
hidden disabilities is an asset, that there's improvement on all
levels." She added that Maryland made the extra effort to also
train people with disabilities on police interaction.
REPRESENTATIVE BIRCH asked if someone could falsely claim he/she
had a disability to try to excuse themselves of some bad
behavior. He asked if the identification had to be on the
driver's license in order to qualify.
MS. BERGH confessed that anyone could make that claim, but the
proposed legislation calls for a voluntary designation, and a
note from the doctor is needed for verification to get that
designation.
3:22:46 PM
REPRESENTATIVE LEDOUX, citing the zero fiscal note, asked if
there wouldn't be expense for the police departments.
REPRESENTATIVE THOMPSON responded that he worked with the Alaska
Police Standards Council (APSC) and with the Alaska State
Troopers (AST) through the academy in Sitka. He mentioned that
there is already an online training program for police
departments around the state and AST has a full day of training
on how to deal with people with disabilities. He said that
corrections officers, Village Safety Police Officers (VPSO), and
probations officers would all have to take the online class. He
added that there is no extra cost for this. He reported that
DMV supports HB 16, and the driver's license manual, which is
online, already has the additional section. The Department of
Corrections (DOC) also supports the additional training. He
reiterated that there would be no additional expense associated
with HB 16.
3:24:16 PM
REPRESENTATIVE TUCK noted that post-traumatic stress injury
(PTSD) was included on the list of hidden disabilities and cited
an incident in Kodiak in which someone was "physically taken
down" as a result of not being able to respond to a police
officer. He asked what would be the protocols in a situation
such as that - either showing an identification or giving a
verbal response that could identify the person as having a
disability.
REPRESENTATIVE THOMPSON responded that the disability community
discussed this and expressed the need for different sections of
the disability community to "work with their people" to train
them on how to make sure someone understands right away that
they have a disability. He suggested the possibility of a card
with the symbol on it kept in a shirt pocket. He opined that in
the situation in Kodiak, he doubted the individual had time to
show an ID, but expressed the need for something with which
disabled people could immediately identify that they have a
disability.
3:26:17 PM
REPRESENTATIVE KNOPP referred to Section 3 of the sectional
analysis, and read, "Amends AS 18.65.670(c) to include
disability training to village public safety officers." He read
Section 3, line 22, "If the commissioner of public safety adopts
regulations regarding training for village public safety
officers ..." and stated that it sounded like it was an option
for VPSOs. He asked if instead it should read "the commissioner
shall adopt..." if it is to be mandated for VPSOs.
3:28:07 PM
BOB GRIFFITHS, Executive Director, Alaska Police Standards
Council (APSC), said the regulations have already been adopted
by the Department of Public Safety (DPS) defining the training
criteria, so that the language in the proposed legislation is
effectively "shall."
REPRESENTATIVE WOOL offered his understanding that the three
accomplishments of HB 16 would be: institution of a training
program for law enforcement; a designation on the driver's
license of someone who is disabled; and an optional designation
on the license plate of the car.
REPRESENTATIVE THOMPSON responded "no license plate." He
conceded that people may have a handicap license plate, but he
asserted that the designation under HB 16 would be on the state
ID or the state driver's license.
REPRESENTATIVE WOOL expressed concern that police officers know,
before he/she approaches the driver, to anticipate the type of
interaction.
REPRESENTATIVE THOMPSON offered his understanding that a
handicap license plate is to give the person the right to park
in handicap parking. He suggested that some of the disabilities
included in the proposed legislation would not qualify for a
handicap license plate.
REPRESENTATIVE WOOL said that he thought the symbol shown in the
handout might be shown in place of the traditional handicap
symbol on a license plate, so that one would know before
approaching the driver that he/she has a disability.
REPRESENTATIVE THOMPSON conceded that had not been considered at
this time.
3:31:15 PM
REPRESENTATIVE JOHNSON asked if any "negatives" were identified,
associated with HB 16.
REPRESENTATIVE THOMPSON answered there was much discussion about
people with disabilities not wanting to reveal that they were
disabled, and added "that's why it became a voluntary
[designation]." He admitted that the APSC and AST, at first,
were a little resistant, but discussions about past incidences
with bad outcomes caused them to realize the need for the
training program, which they developed and instituted
themselves.
REPRESENTATIVE BIRCH reiterated his concern for police officers
finding out too late about a disability and not knowing "what
they're walking into." He said, "I guess I worry about putting
our officers in harm's way if they're entering a situation where
... they feel threatened in any way." He asked if the person
with the disability receives some training on what to do if
stopped by a police officer.
REPRESENTATIVE THOMPSON answered yes, that was part of the
entire process to make sure the disabled person knows what to do
if he/she is stopped.
3:34:17 PM
REPRESENTATIVE WOOL commented that the added section in the
driver's license manual, about what to do when "you're pulled
over, is now included for everybody so that everyone's a little
more educated."
REPRESENTATIVE THOMPSON agreed and said that most people do not
know what to do when stopped by a police officer. He attested
that is why it has been added to the manual.
3:35:10 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 16.
3:35:37 PM
MR. GRIFFITHS related that APSC has a staff of four. He said
that the council has 13 members who are appointed by the
governor and consists of law enforcement officers, correctional
officers, and at-large members. It meets twice yearly to set
standards for hiring and training, and to enforce those
standards. He added it also has the authority to discipline
officers who violate APSC's ethical standards. He imparted that
he has been in law enforcement for almost 40 years. He said
that he has seven children, five of whom are adopted, and three
of whom have special disabilities that are non-apparent.
MR. GRIFFITHS testified that APSC and law enforcement in the
state are very supportive of HB 16. He stated that both groups
agree this training is necessary and support training the
public, as well. He offered that they have seen unfortunate
incidences in the past. He reminded the committee members that
incidences that involve law enforcement often transpire in a
very short time frame, which often does not allow for the
production of the driver's license or ID card with a visible
designation. He acknowledged Representative Birch's concern and
declared that "we are going a long way in trying to mitigate a
problem and to train our officers in how to recognize these
things early, but at the same time this is not a magic pill."
He conceded that there will still be issues and instances
reported in the news. He stated that APSC mandated standards
for the law enforcement training before the legislation began,
and the training is required for all law enforcement and
corrections personnel in the state. That, he said, explains the
zero fiscal note. He conceded that not everyone has been
trained retroactively, but that the training is available
through DPS as an online service. He offered that many agencies
have offered the training, and there have been reports of
positive interactions and appropriate actions, which deescalated
situations and avoided problems.
MR. GRIFFITHS added that since APSC has already regulated such
training, the Council doesn't feel it needs to be legislated,
but if the legislature feels the need for a legislated mandate,
he suggested that this mandate go into AS 18.65.240, which
defines the standards. He concluded by saying APSC is very
supportive of the driver's license designation and the public
training.
3:40:41 PM
REPRESENTATIVE LEDOUX offered her understanding that the
critical element of HB 16 would be the designation on the
driver's license, and everything else included in HB 16 has
already been done without the mandate.
MR. GRIFFITHS responded that he believes that to be the case.
He added that Representative Thompson has testified that DMV
added a section to the driver's license manual. He confirmed
that all of the police, corrections officers, probation
officers, parole officers, and VPSOs are receiving this training
as a requirement.
REPRESENTATIVE LEDOUX asked how long these personnel have been
receiving the training.
MR. GRIFFITHS answered that it has been mandated since last
year, but many have received elements of this training for a
number of years, depending on the academies they attended.
CHAIR KREISS-TOMKINS asked for clarification that "mandated"
meant APSC passed a regulation requiring this standard be
incorporated into training.
MR. GRIFFITHS responded yes, the council sets the standards for
the training and the trainer, and approve the courses.
REPRESENTATIVE BIRCH queried "What is the appropriate response
to when you're getting pulled over, currently in the book?"
MR. GRIFFITHS offered that might depend on the community you are
in at the time, but definitely to not do anything furtive or act
in a way that would be perceived as a threat by the officers
that are viewing you. He cited what is commonly seen on
television, "the ten and two position, eyes forward, don't reach
in the glove box," but conceded that in Alaska "we tend to have
a little bit more relaxed standard than that, but that's not a
bad set of advice depending on the community that you're in."
REPRESENTATIVE BIRCH asked about getting out of your vehicle.
MR. GRIFFITHS declared that one should stay in the vehicle until
asked to get out - that being a safety issue.
3:43:52 PM
REPRESENTATIVE WOOL reiterated that many of these interactions
happen quickly. He relayed a story of a friend with Tourette
syndrome who was pulled over, and asked Mr. Griffiths if he sees
the value of having some indicator on the vehicle before the
driver's license is handed to the officer, so that the officer
has an indication of the non-apparent disability when
approaching the car.
MR. GRIFFITHS agreed that would be valuable, not a handicap
license for the purpose of parking, but a visible indication
that there may be an individual with disabilities driving the
vehicle.
3:45:26 PM
JUANITA WEBB, WallBusters, testified in support of HB 16 as
follows:
My name is Juanita Webb and I do live in Fox, Alaska,
and I would like to thank you, Representative Kress-
Tomkins, and the [House] State Affairs [Standing]
Committee for hearing my testimony on HB 16. I would
also like to thank Representative Thompson for
sponsoring the bill and going on this journey with the
WallBusters. Although this bill has been a long
process, I and my fellow WallBusters have learned so
much about the process. We have such a great
appreciation for the job you have all accepted. You
each should have received a personal letter of support
from me, so I won't repeat that letter.
For me, HB 16 has always been about safety and
education. Giving new incoming officers at the
academy level a more complete understanding of
disabilities, both visible and hidden, will give the
officers one more added tool to help resolve potential
issues. Having a discrete, voluntary icon on a
driver's license or ID gives this additional
information to alert the officers to potential further
needs. As the bill came to life, we realized the
added need to educate others as well. WallBusters
realized that not only people with disabilities were
unsure of their responsibilities when approached by an
officer, but many people in general were unsure of
what to do. Adding the additional information to the
DMV manual helps support this need. Through this
process, we have built a relationship with Officer
Gideon from the police academy and the DMV, as well.
We appreciate their support of HB 16.
I respect and support police officers and am proud to
be part of a bill that will help educate them in their
approach to our Alaskan citizens and, at the same
time, help their jobs to become safer so they can
return to their families safe each day. This bill is
not only for people with disabilities, but all
Alaskans. Through training and education, our lives
will be safer and more informed.
To refer back to a question that was asked earlier by
one of the Representatives and also the gentleman from
the [Alaska] Police Standards Council, as far as
putting a decal or indicator on a car or a license
plate, there are many times that people with
disabilities, and I am one myself and my husband is as
well, we become victims if people see that we have a
disability, so I struggle with having an indicator on
the car other than the handicap plate so that we can
park closer if needed, if somebody's in a wheel chair
or has a physical disability that limits their
mobility, because basically you are advertising to the
world that you have a disability and therefore, you
can potentially become a victim. I appreciate you and
thank you for giving me this opportunity to speak and
I ask you to support and pass HB 16.
3:48:42 PM
ART DELAUNE, Access Alaska/WallBusters, said the main focus of
HB 16 is education and training with regards to a person
experiencing a disability. He proclaimed that the proposed
legislation is important because sometimes recognizing that a
person has a non-apparent disability can be very challenging.
He further stated that HB 16 would call for a minimum of an
eight-hour disability awareness training at the law enforcement
and corrections academy level. He said that the training would
make the law enforcement and corrections officers aware that
some individuals may present with a behavior that is not
intentional or might be viewed as non-compliant. Secondly, he
said, the training would teach officers ways to effectively and
appropriately interact with people with both apparent and non-
apparent disabilities.
Mr. DELAUNE went on to say WallBusters and Representative
Thompson's office have been working on this proposed legislation
since it was introduced in 2014 as House Bill 232. He added
that over the past three years they have met with many community
members, organizations, individuals, and the three Alaska law
enforcement academies to gather input and information to propose
legislation that would be effective, would have no cost, and
would improve the lives of all Alaskans.
3:53:35 PM
REPRESENTATIVE TUCK said he was not familiar with WallBusters
and asked Mr. Delaune to explain the organization.
MR. DELAUNE responded that WallBusters is a disability advocacy
group that began in Fairbanks as a sub-group of Access Alaska.
He explained that it is comprised of people with disabilities,
caregivers of people with disabilities, and people with no
disability. He stated that the purpose of the organization is
to help remove barriers so that people with disabilities can
live more independently. He added that WallBusters has been
involved in other legislation, including access and
transportation issues for people with disabilities.
3:55:23 PM
ANTHONY CRAVALHO, Statewide Independent Living Council (SILC) of
Alaska, said that he is a parent of a non-verbal adult son with
autism and stated that he was testifying in strong support of HB
16 because "it just makes sense." He said for people with
intellectual or other developmental disabilities, HB 16 would
provide education and an additional way for them to be able to
communicate with law enforcement. He also said that for law
enforcement officers, HB 16 would provide needed education,
which would be uniform, on how best to serve and protect people
with intellectual disabilities, while also being able to better
protect themselves from misunderstandings and bad situations.
MR. CRAVALHO opined that the "ID" component of HB 16 would give
people the choice to have an additional communication tool. He
said it would be completely voluntary, so that "for those that
don't want it or feel they don't need it, that's fine," but for
those who do want the ID, "it gives them that additional choice
so they can have better communication" with law enforcement
officers, and possibly firefighters and emergency medical
service (EMS) providers. He reiterated that the goal would be
to help people and law enforcement officers avoid possible
unwanted negative interactions, "which can lead to people
getting hurt. It can lead to investigations, negative news
coverage, law suits, all the things people don't want."
MR. CRAVALHO asserted that HB 16 would not violate the Health
Insurance Portability and Accountability Act (HIPAA) or
confidentiality laws, and would not interfere with any
established safety procedures.
MR. CRAVALHO mentioned an incident last summer in Miami and
stated that "this bill is all about just making sure that
something like that never happens here in Alaska." He said he
doesn't want to see any law enforcement officers, anyone with a
disability, or any member of the general public "put in bad
situations because they either didn't have an additional
communication tool to help them with law enforcement officers or
they didn't understand what they should be doing in certain
situations."
3:59:04 PM
CHAIR KREISS-TOMKINS stated his intent to hold HB 16 until
Thursday's House State Affairs Standing Committee meeting.
4:00:18 PM
CHAIR KREISS-TOMKINS closed testimony on HB 16.
[HB 16 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB016 Sponsor Statement 1.18.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 ver A 1.18.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 Sectional Analysis ver A 1.18.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB 016 - Non-apparent disabilities symbol 1.18.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 Fiscal Note DOC-CA 1.23.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 Fiscal Note DPS-APSC 1.23.17.pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 Fiscal Note DOA-DMV 1.23.17 (1).pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |
| HB016 Supporting Document -Letters of Support 1.23.17 (1).pdf |
HSTA 1/24/2017 3:00:00 PM |
HB 16 |