Legislature(2015 - 2016)HOUSE FINANCE 519
03/15/2016 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB231 | |
| HB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 77 | TELECONFERENCED | |
| + | HB 231 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 77
"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."
Co-Chair Thompson read the bill title.
2:29:24 PM
Co-Chair Neuman MOVED to ADOPT the proposed committee
substitute for HB 77, Work Draft 29-LS0072\N (Martin,
12/2/15). There being NO OBJECTION, it was so ordered.
JANE PIERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,
presented the "Sponsor Statement" and "Explanation of
Changes HB 77 version E to version N" (copy on file):
SPONSOR STATEMENT
When people with non-apparent disabilities interact
with peace officers and corrections officers, elements
of their disabilities often brush against officers'
protocols and may result in serious misunderstanding
or even tragedy. The goal of HB77 is to improve
communications between law enforcement and corrections
professionals who interact with people who have non-
apparent disabilities, whether these disabled
individuals encounter the "systems" as victims,
witnesses, or alleged perpetrators.
The first part of HB 77 focuses on training regarding
interactions with people with non-apparent
disabilities. The bill requires the implementation of
a non-apparent disability awareness training component
for Alaska peace officers, corrections officers and
parole/probation officers. The Alaska Police Standards
Council, has established a basic course at the academy
level. The training instructs officers how to engage
in appropriate interactions with individuals who
experience a non-apparent disability. The course
instructs officers and the guidelines will stress
understanding of the different manner in which people
with non-apparent disabilities process sensory stimuli
and language.
The bill also requires that the Department of Motor
Vehicles (DMV) add a section to the Passenger Vehicle
Driver Handbook that instructs drivers as to their
responsibilities when interacting with a peace
officer. Basic instruction will be added to the
driver's manual and one or more questions will be
added to the written driver's license test. Awareness
training for both police officers and the public will
aid in increasing the safety of most encounters.
Another component of HB 77 is to implement a statewide
voluntary identification system where a discrete
marker will be placed on an Alaska Driver's license or
an Alaska ID card. The marker would indicate that the
individual has a disability that may not be apparent.
The police or corrections officer, having taken the
disability awareness training, will be able to
understand and more appropriately interact with the
individual.
If a person's disability is not recognized during an
encounter, it may affect the outcome of that
encounter. This bill would push to improve
communication between peace officers, corrections
officers and parole/probation officers when
interacting with people who have non-apparent
disabilities. The hope of this bill is to reduce the
potential for tragic encounters in our state.
EXPLANATION OF CHANGES:
Section 1 was added back into the bill, as it was in
the original W version of the bill.
The Alaska Police Standards Council has now
adopted regulations concerning the training
component relating to people with disabilities.
This disability training component is part of the
required curriculum for Alaska police officers,
correctional officers, and parole officers. The
curriculum focuses on training officers to
recognize and interact appropriately with persons
with disabilities, as well as familiarize the
officers with resources that are available to
those with hidden disabilities.
Section 3 was also added back into HB 77 to include
training for village public safety officers.
2:33:10 PM
Co-Chair Neuman asked if the identifier was voluntary.
Ms. Pierson responded affirmatively.
Co-Chair Neuman told of having a discussion with an officer
in his district in which the officer had gone through a
program that trained in identifying psychiatric disorders.
He wondered if that was similar training.
Ms. Pierson stated that he was correct. There was already
exceptional training available.
Representative Gattis asked about the training. She queried
the reason for removing the training aspect of the
legislation.
Ms. Pierson replied that the training program regulations
were being drafted at the time. The training program was
removed, so it could be drafted to match the regulations.
The reinserting of the training was to ensure that the
statutory inclusion may have to opportunity to be offered
to conforming to Title 2.
Representative Gattis wondered if the bill sponsor had
worked through that issue.
Ms. Pierson replied in the affirmative.
Representative Kawasaki spoke to the voluntary component of
the bill. He wondered whether a nonpermanent disability
could be cancelled from the designation. He wondered if the
disability would always be a part of their personal record.
Ms. Pierson answered that it did not relate to the Alaska
Public Safety Information Network (APSIN), which was
through DPS. The disability designation would only be on
the identification card or driver's license.
2:39:36 PM
Representative Kawasaki noted that his driver's license was
tied to his conceal and carry permit. He wondered if the
license would attach to broader systems.
Ms. Pierson deferred the question to Mr. Hansen.
Representative Kawasaki noted that Sections 4 and 5 related
to new language addressing the duties and responsibilities
of drivers when encountering a peace officer. He queried
the duties of the peace officers.
Ms. Pierson replied that the duty was to pull over when
safely possible, ensure license and insurance were
available.
Representative Kawasaki did not know the exact duties and
responsibilities. He shared that some definition he would
be more comfortable with the language.
Representative Wilson referred to section 4 and 5. She
wondered how there was a zero fiscal note if rewriting
tasks was necessary.
Ms. Pierson answered that the book was revised annually so
there would be no extra cost.
Representative Wilson queried DMV process.
Co-Chair Thompson noted that DMV was online to answer
questions as well.
Ms. Pierson reviewed the basics. She did not believe it
would come through regulation
2:43:20 PM
AMY ERICKSON, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF ADMINISTRATION (via teleconference), answered
that all of the items on the driver's test were set in
statute, but the division could easily add things to the
system.
Representative Wilson asked about putting the provision in
the manual. She wondered if there was a regulatory
requirement when adding to the manual.
Ms. Erickson replied that the DMV would insert the
language.
Representative Wilson stressed that she was concerned about
greater causing of problems as related to not understanding
the procedures.
Co-Chair Thompson believed even young people did not know
the procedures if they were stopped by police.
Representative Gara believed duties and responsibilities
were defined by law.
Ms. Pierson agreed.
Vice-Chair Saddler asked if a designation of a disability
record be kept anywhere. He wondered if it be retained in
DMV's records.
Ms. Pierson replied that she had not thought through the
question and did not know. She imagined it may stay in the
DMV file.
Ms. Erickson answered that if it went into the DMV system
it would go into APSIN, it would be possible to restrict it
from going into APSIN if that was the desire of the
committee.
Vice-Chair Saddler looked at page 1, line 13, and wondered
if the professions had the ability to designate a person as
having a disability for any other purpose such as a
handicap parking space.
Ms. Pierson deferred the question to Ms. Erickson.
Co-Chair Thompson wondered if the physical disability
requirement was in statute.
Vice-Chair Saddler repeated the question.
2:47:50 PM
Ms. Erickson answered in the affirmative.
Vice-Chair Saddler referred to other definitions for
disability. He stated that the bill focused on drivers of
motor vehicles. He wondered how many people may likely get
a designation on a license who did not drive.
Ms. Pierson did not know, but the bill did include ID
cards.
Vice-Chair Saddler relayed that he had a previous bill to
include a veteran's designation on the driver's license,
and remarked that it had a very high fiscal note. He
wondered why there was no fiscal note for the current bill.
Ms. Erickson replied that there was a new vender for the
cards. She stated that it was currently a simple change.
Representative Pruitt relayed that he had visited DMV, and
shared that the DMV was no longer printing the manuals.
Ms. Erickson answered that the division still printed some
manuals in hardcopy and had lightened the printing load.
Representative Pruitt relayed that the individual who
worked for DMV had good ideas. He wondered about the
barriers to access the system to prevent potential abuse.
2:51:33 PM
Ms. Erickson replied that she did not believe under the
legislation the person would not be required to disclose
the specific disability.
Representative Pruitt stated that he must have
misunderstood the earlier comments on the disability. He
wondered if someone had a temporary concern, he wondered
how the scenario would be dealt with.
Ms. Erickson answered that because it was voluntary she did
not see the harm if a person wanted a temporary indicator.
Ms. Pierson pointed to line 13 and read from the bill.
Representative Pruitt pointed to Sections 4 and 5, wondered
about the rights of the individual being stopped.
2:54:55 PM
Ms. Pierson believed it should be left to the discretion of
the legal team. She stressed that the bill only addressed
the basics.
Representative Pruitt countered that the committee was
writing law and did not believe it was an acceptable
answer. He wanted to know the goal of the sections (4 and
5).
Ms. Pierson replied that the sections were developed
because of the issue of what to do when pulled over. The
sections were only the basics to ensure safety.
Co-Chair Thompson interjected that the bill did not set new
precedents.
Ms. Pierson agreed and elaborated.
Co-Chair Neuman remarked that the sections were included to
provide the information about statutes.
Representative Pruitt stated that Section 4 added a
subsection. He wondered about the crux of the issue. He
wondered if it was a real problem.
2:59:19 PM
Co-Chair Thompson replied that the issue had been brought
forward due to some actions that had taken place in the
past. He provided an example of someone who may not be able
to communicate.
Ms. Pierson replied that she worked with someone who had
been pulled over, and did not know what to do. She remarked
that the sections were knowledge.
Representative Edgmon believed with the neurological
spectrum increasing, specifically the autism spectrum and
Asperger's and Fetal Alcohol Syndrome the bill reflected an
evolution of things.
Representative Pruitt understood the main portion of the
bill, but he was trying to connect the other sections. He
pointed to the sticker symbol that would appear on the
licenses.
3:02:35 PM
Representative Wilson thought that when someone had a
disability it was important the issue was documented and
documented privately. She stated that for many people it
was not possible to visibly see a disability. She thought
it may be important information for an officer.
Ms. Pierson answered that the sponsor did not want to get
into HIPPA law. She imagined that if a person was pulled
over multiple times that it would show up on APSIN. She did
not think the sponsor wanted to identify everyone and their
disorders. She believed it would be a problem to start
compiling everyone's disabilities.
Co-Chair Neuman stated that it was one of his problems with
the prescription database. He did not support compiling all
of the information on people.
Representative Wilson spoke to the option to share the
information if it was voluntary.
Ms. Pierson deferred the question to the department.
3:07:56 PM
Representative Wilson stated that the individual did show
up on the database. She was concerned that it would not
help if a person was not able to verbalize the issue.
Representative Gara referred to APSIN, and did not think
there was any danger that a police officer would think that
a person committed a crime. He surmised that if the purpose
of the bill was to protect individuals with a disability.
3:11:37 PM
JUANITA WEBB, WALLBUSTERS, FOX (via teleconference),
relayed that she is a normal person with a disability. She
supported the concept of making the standard the same
across the state. She explained that Wallbusters was a
grassroots organization that was made up of normal
individuals with disabilities.
3:14:46 PM
RICK WEBB, WALLBUSTERS, FOX (via teleconference), shared
that he is blind. He supported the bill. He shared a story
about a young deaf woman who had been at a party. The
individual had decided not to drive right away. She started
her car because it was cold and climbed into the back and
fell asleep. The military police had grabbed the woman by
the leg to see if she was alive. She had been in fear and
thought she was being attacked. She had been drug out of
the car and restrained all because she could not hear the
instructions of law enforcement. She ended up with 5
felonies including assaulting an officer and drunken
driving. She had plead guilty to all of the charges and now
lives with family in California. He stressed that it was
just one story out of many. He stated that a little
knowledge on law enforcement's part could have ended in
different result. He thanked the sponsors of the bill.
3:19:36 PM
CATHY GERBY, ACCESS ALASKA, ANCHORAGE (via teleconference),
testified in support of the bill. She provided a story
related to one of the program participants.
3:22:46 PM
SARAH HIEB, ALASKA POLICE STANDARDS COUNCIL, JUNEAU,
relayed that she was available for questions.
Co-Chair Thompson asked where the council stood on having
the issue in statute rather than regulation.
Ms. Hieb replied that the council supported training for
officers in disability awareness. She stated that there
were some regulatory changes that would mandate basic
training, including eight hours of disability awareness.
She noted that the same regulations would require eight
hours of training in recognizing and dealing with
emotionally disturbed individuals, who were different but
related to disability awareness.
3:25:26 PM
Co-Chair Thompson explained that the language had been put
back in related to statute. He stressed that funding may be
cut from training, so the bill would ensure that the
training occur.
Ms. Hieb agreed.
Representative Pruitt wondered how difficult it would be
for the council if the issue was placed in statute.
Ms. Hieb answered that if the council wanted to go above
and beyond what the legislature put into statute it had the
ability to do so.
Representative Pruitt asked about the council's resistance
to the change.
Ms. Hieb understood that the issue had been put in
regulation and not in statute by the prior committee. She
observed that statute and regulation were both law and
imagined it was somewhat redundant.
3:28:01 PM
ART DELAUNE, GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL
EDUCATION; AND WALLBUSTERS, ANCHORAGE (via teleconference),
testified in support of the legislation. He relayed that
the bill would help police officers to understand that a
person had a disability. He hoped to make encounters
between police and individuals with disabilities safer. He
did not believe records should be kept anywhere on a
person's disability related to the issue. He continued that
some individuals carried an autism card, a person with FASD
was confused by multiple orders by a police officer. He
stressed that the bill was about safety and communication.
Co-Chair Thompson thanked the individuals for their
testimony. He relayed that the bill would be before the
committee again in the future.
3:34:49 PM
Representative Gattis shared that she has an adult nephew
with autism. She supported the idea of the sticker to get
the conversation going. She wondered how someone would have
the opportunity to opt in. She stressed that it was in
issue of the safety of family members.
Co-Chair Thompson assumed that the identification on the
state ID would start the conversation.
Ms. Pierson stated that the person should be able to keep a
visible ID.
Representative Gattis stated that her nephew would keep his
ID.
Representative Edgmon wanted to ensure that a tribal
identification card was included. He would hold his
question to the next hearing.
Co-Chair Thompson believed it was a good idea.
Vice-Chair Saddler asked if there was a limit to the
maximum number of designations on a driver's license or ID
card.
Ms. Erickson agreed to provide that information.
Vice-Chair Saddler liked the motive behind the bill, but
had some problems with some of the language. He believed it
would be very difficult to train police. He would be
concerned about liability protection to police officers. He
stated that the state was asking too much.
HB 77 was HEARD and HELD in committee for further
consideration.
Co-Chair Thompson discussed the agenda for the following
day.