Legislature(2017 - 2018)BUTROVICH 205
03/09/2017 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB16 | |
| SCR4 | |
| SB48 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 16 | TELECONFERENCED | |
| *+ | SCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 48 | TELECONFERENCED | |
HB 16-DRIV. LICENSE REQ; DISABILITY: ID & TRAINING
3:31:17 PM
CHAIR DUNLEAVY announced the consideration of House Bill 16.
3:31:28 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, provided his sponsor's statement of HB 16 as follows:
House Bill 16 came about several years ago when we had
the disabled community in Fairbanks came to us and
said that they had some concerns of some not good
outcomes of relations and interfacing with public
safety officials and misunderstandings because of
hidden disabilities, non-apparent disabilities; we had
some bad outcomes around the State of Alaska because
from things like this.
The purpose of the bill is to improve communications
between law enforcement and public-safety officials
and people with these non-apparent and hidden
disabilities.
The bill has three major components. First is the
training for Alaska peace officers, corrections
officers and other officers who interact directly with
the public. The second part is the [Division] of Motor
Vehicles' (DMV) handbook to include a section about
drivers' responsibilities when interacting with
officers in a traffic stop; this will increase safety
for officers and the public. The third part is the
statewide, voluntary identification system placed on
Alaska IDs or drivers' licenses to indicate a hidden
disability, and this would be a purely voluntary if
somebody didn't want that insignia on their drivers'
license they would not have to have it.
We've spent about four years on this bill so far and
the state troopers are now including in their training
at the state trooper academy training for people to
recognize people with disabilities and how they should
be handled. The other part was the motor vehicle
driver's license handbook. There was about a dozen of
us sitting around the table discussing all of these
problems, the disabled community was represented with
non-disabled people that were sitting there and we
talked about how a person with a non-apparent
disability would be stopped by a police officer and
they don't know what to do when they get rather
nervous and it will exasperate maybe their problem.
So, what do we do? How do we train those people so
they know what to do and how to react? Well, 12 people
around the table that didn't have disabilities said,
"Well, what are you supposed to do?" and all 12-people
said, "I haven't got a clue." So, we talked about
this, we talked to the [Division] of Motor Vehicles
and they said, "There are multiple states that have a
section in their drivers' manuals that tells you what
your responsibility or what you are supposed to do if
you are stopped by a police officer or you have an
interaction with the public-safety people; it just
made sense and they said they have no problem or no
cost to put that into the driver's manual, so that was
another part. Then there was an international symbol
that would go on the driver's license if somebody
wants to have it on there; again, this is purely
voluntary.
3:34:57 PM
SENATOR WILSON noted that he has concerns with the voluntary
elements of the bill. He asked if he has addressed the
vulnerable population of disabled that may be coerced into doing
the identification program by conservators or medical providers.
REPRESENTATIVE THOMPSON emphasized that the program is totally
voluntary and explained the process as follows:
If somebody is advised by the disabled community that
the Governor's Commission on Disabilities puts the
word out to these people, they would have to go to
their medical provider and get a letter stating what
their disability is, they would have to take it to the
[Division] of Motor Vehicles and say, "I do have this
problem and I would like to have this on my license."
I didn't think there would be any coercion as far as
forcing them to. If somebody was in a conservatorship,
I don't know if they would be eligible to have a
driver's license; but, this is also to have it on any
state ID in case they didn't have a driver's license
or even any kind of identification that might come
from a village corporation or something if that is
their only form of identification that they would have
the ability with proof that they have a problem, it
would be available to them to put on their
identification.
3:37:09 PM
SENATOR COGHILL asked that the protocol be explained in
establishing information being placed into a driver's manual by
DMV as well as training development for the state troopers and
police academies in Alaska.
REPRESENTATIVE THOMPSON replied that the training has online
accessibility for what to do when encountering an insignia on an
individual's identification. He said the training protocol is
set up, but distribution is not statewide. He noted that most
larger police departments do go through the state trooper
training or the academy to receive certification.
SENATOR COGHILL pointed out that there are two sides during a
traffic stop: the right as a citizen to assert their right and
the right of public safety to stop and deal with somebody. He
noted that Representative Thompson also addressed establishing
something that would go into a driver's test and manual. He
asked if DMV has provided input.
3:39:45 PM
REPRESENTATIVE THOMPSON answered that his office has spoken with
DMV several times. He noted that other states have gone through
the same process regarding what to put into their drivers'
manuals and their explanations have been simplified. He asserted
that the addition information in the drivers' manuals is for the
safety of the police officer as well as the safety for the
person.
He noted that one example of what a driver should not do when
pulled over for a traffic stop is to, "start digging in your
glovebox," because an officer might think the driver is getting
a gun. He addressed additional traffic-stop suggestions for
drivers as follows:
· Acknowledge the officer's presence by turning on your
right-turn signal or your left;
· Move vehicle to the right shoulder of the road;
· End cellphone conversation;
· Turnoff radio;
· Remain inside vehicle unless otherwise directed by the
officer;
· Place your hands in clear view including all passengers'
hands such as on the steering wheel or on top of your lap.
He said the previously noted examples were put into some state's
drivers' manuals such as: Montana, Texas, Pennsylvania and
several others. He said knowing what to do during a traffic stop
is a good thing because a lot of people get an anxiety attack
when they see a light flashing in their rearview mirror.
SENATOR GIESSEL recalled that an exemplary incident occurred in
Fairbanks a few years back that illustrated the importance of
the legislation. She asked Representative Thompson if he
recalled the incident that she referenced.
3:41:54 PM
REPRESENTATIVE THOMPSON replied that he has heard of several
incidences, but was not sure if the incident Senator Giessel
referenced was the one that he recalls. He explained that there
was an incident in Fairbanks where an individual was thought to
have been inebriated but was not. He noted that an incident
occurred in Kodiak last year where a police officer used a taser
due to a misunderstanding with an individual with a handicap. He
stated that the incidents he described are events that the
legislation is trying to prevent from happening.
SENATOR GIESSEL addressed an argument for possibly placing the
hidden-disability designation on a vehicle's license plate.
3:43:20 PM
REPRESENTATIVE THOMPSON explained that the identification on the
driver's license plate is for somebody that has a mobility
disability that gives them permission to park in a handicap
spot. He said he did not think that a hidden disability would
qualify for somebody getting a handicap-license plate. He opined
that a lot of people with an undetectable handicap would
probably not want a designation on their license plate because
they do not think they are handicapped.
SENATOR GIESSEL noted that she was a sponsor of the Achieving a
Better Life Experience (ABLE) Act and pointed out that there are
many able-bodied individuals who have other types of
disabilities that do not regard themselves as physically
impaired for mobility purposes.
She noted that Representative Thompson commented that the bill
has gone through the Legislature. She asked what level of
support did the bill have the previous year and what was the
impediment to the bill passing.
REPRESENTATIVE THOMPSON detailed that the previous bill passed
the House 40-0. He added that the bill passed through two
committees in the Senate, but never got to the Senate floor.
SENATOR EGAN disclosed that he has a disability that qualifies
him for a handicap-parking sticker, but does not want the
identification on his license plate.
REPRESENTATIVE THOMPSON pointed out that Senator Egan's comment
was exactly what was brought up by several people that have
handicaps where they did not want their handicap pointed out;
however, he noted that some people wanted a license plate
identification to avoid a bad interaction with public safety.
3:46:09 PM
SENATOR WILSON stated that he was surprised by the list for
hidden disabilities. He noted that the long list included
allergies, chronic pain, and diabetes. He said he was worried
about someone abusing the list for hidden disabilities. He added
that he was also concerned about people being discriminated
against due to their hidden-disability identification. He
summarized that he was for the curriculum requirements, but was
concerned about getting into labeling sub-populations.
3:48:38 PM
REPRESENTATIVE THOMPSON replied that he was shocked at the list
received from the disabled community and admitted that some
should not qualify for having the identification on their
driver's license. He admitted that he is not a medical doctor or
a person that could determine which should qualify. He said he
did not know if a doctor or the DMV would be able to address the
qualification list.
SENATOR GIESSEL reiterated that the indicator on the driver's
license is voluntary.
REPRESENTATIVE THOMPSON answered correct.
SENATOR GIESSEL asked if an individual with seasonal allergies
would have the option not to have the indicator on their
driver's license.
REPRESENTATIVE THOMPSON answered correct.
CHAIR DUNLEAVY announced that the committee will hear invited
testimony on HB 16.
3:50:18 PM
ART DELAUNE, representative, Wall-Busters Advocacy Group,
Fairbanks, Alaska, testified in support of HB 16. He disclosed
that he is also a member of the Governor's Council on
Disabilities and Special Education.
3:51:01 PM
JUANITA WEBB, advocate, Wall-Busters Advocacy Group, Fox,
Alaska, testified in support of HB 16. She thanked
Representative Thompson for sponsoring HB 16 and "going on the
journey with Wall-Busters." She said she submitted a personal
letter of support to the committee that explained how the bill
could have potentially made a difference to her. She asserted
that HB 16 has always been about safety and standardized
education at the academy level to provide a more complete
understanding of disabilities. She summarized that having a
discreet, voluntary icon on a driver's license or ID will alert
officers to potential further-communication needs for a better
outcome.
3:53:08 PM
CATHY GERBY, representing herself, Fairbanks, Alaska, testified
in support of HB 16. She disclosed that she is a licensed social
worker with 29 years of experience working with clients who have
experienced a vast array of hidden disabilities. She shared
experiences with the committee regarding individuals with hidden
disabilities as well as with first responders. She set forth
that HB 16 is about empowering people with hidden disabilities
to be supported in identifying themselves under times of duress
to first responders. She noted that HB 16 has no fiscal note and
the state trooper training academy has already amended their
training program to incorporate a more robust training regarding
disabilities.
3:57:39 PM
DERRALL MCBIRNEY, advocate, Wall-Busters Advocacy Group,
Fairbanks, Alaska, testified in support of HB 16. He suggested
that law enforcement have access to a database that identifies
an individual with a hidden disability prior to the initial
personal encounter during a traffic stop.
3:59:26 PM
RICHARD WEBB, advocate, Wall-Busters Advocacy Group, Fairbanks,
Alaska, testified in support of HB 16. He said training will
allow law enforcement to understand that some people do not
communicate or comprehend in the majority way.
4:01:18 PM
CHAIR DUNLEAVY opened public testimony on HB 16.
4:01:34 PM
CHAIR DUNLEAVY closed public testimony on HB 16.
4:01:44 PM
CHAIR DUNLEAVY held HB 16 in committee.