Legislature(2015 - 2016)CAPITOL 106
03/24/2015 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB77 | |
| HB142 | |
| HCR7 | |
| HJR14|| HCR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 77 | TELECONFERENCED | |
| *+ | HB 142 | TELECONFERENCED | |
| *+ | HCR 7 | TELECONFERENCED | |
| += | HJR 14 | TELECONFERENCED | |
| += | HCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 77-DISABILITY:ID/LICENSE AND TRAINING RQMTS.
8:06:43 AM
CHAIR LYNN announced that the first order of business was 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."
8:06:56 AM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, as
prime sponsor, introduced HB 77, and announced that Jane Pierson
would present the proposed legislation.
8:07:15 AM
JANE PIERSON, Staff, Representative Steve Thompson, Alaska State
Legislature, presented HB 77 on behalf of Representative
Thompson, prime sponsor. She stated that the goal of HB 77 was
to improve communication between law enforcement professionals
and those in other agencies, who may interact with people who
have no apparent disabilities. She said disabilities that are
not apparent to others include the following conditions:
intellectual disability, traumatic brain injury, mental health
conditions, epilepsy, hearing impairment, fetal alcohol spectrum
disorders (FASD), autism, and post-traumatic stress disorder
(PTSD).
MS. PIERSON said there were three components to HB 77. The
first was in regard to identification. She explained that on a
voluntary basis, a person with a disability could get a marker
on his/her license that would discretely inform officials of the
disability. It would require a letter from a doctor or nurse to
qualify for such a marker on the license. The next component
was training, which [would be developed by] the Alaska Police
Standards Council (APSC). Ms. Pierson noted that she had met
with Kelly Alzaharna, the executive director of the council, who
had suggested that any changes to police standards would be
better placed in regulation, rather than statute.
REPRESENTATIVE STUTES asked for clarification.
8:09:23 AM
MS. PIERSON noted that the language on page 2, lines 8-13, of HB
77, described the curriculum requirements, and Ms. Alzaharna had
told her that the reason the requirements would be better
outlined in regulation, was that if they were in statute, they
could grow to be unmanageable. She said the bill sponsor was
working on an amendment to address the issue.
8:10:06 AM
MS. PIERSON said most people did not know the proper protocol to
follow if they were pulled over by an officer. The third
component of HB 77 would propose that the basic protocol was
written in the driver manual and test. Ms. Pierson said she
thought [the curriculum requirements] should be in regulation,
as Ms. Alzaharna had recommended.
MS. PIERSON stated that sometimes people with disabilities tried
to hide them, pretended to understand their rights, did not
understand or hear commands, were overwhelmed with the presence
of authority, or had trouble processing or remembering
information. She said the proposed legislation would bring
awareness to the fact that the first interaction a person had
with a peace officer may generate the outcome of the entire
conversation. Further, it would give people with hidden
disabilities a voice.
8:11:53 AM
REPRESENTATIVE THOMPSON relayed that the idea for the proposed
legislation came from people who shared stories about
individuals who had been stopped by a police officer and
handcuffed for being intoxicated, when the individuals actually
were disabled. He said if the officer had had proper training,
he would have been able to figure out what was really occurring.
CHAIR LYNN asked if there would be any method by which the
proposed marker on the disabled person's driver's license could
link to a database that would inform the officer of the specific
disability.
MS. PIERSON answered that she thought the fiscal note that would
accompany such technology would "be enough to sink the bill";
however, she ventured the technology could be added further
along in time. She indicated that the proposed legislation, as
written, would [provide a marker on the license], which would
start the conversation between the officer and the individual,
regarding the individual's disability. In response to a follow-
up question, she said the sponsor was not considering coding the
disabilities, but rather to offer a more universal symbol on the
license indicating a person with a hidden disability.
CHAIR LYNN asked if, under HB 77, those individuals with hidden
disabilities would be able to go to the Division of Motor
Vehicles (DMV) for a new license.
MS. PIERSON answered that they could. She continued, "There is
a $5 fee if you are getting a new license. Other than that, as
long as they have a correct letter from their doctor, they
could."
8:14:37 AM
REPRESENTATIVE STUTES suggested that the requirement for the
letter should omit the nurse and add a physician assistant (PA)
instead. She opined that HB 77 was "a great bill." She
indicated she knew about a situation where a person with a
hidden disability not only got put in handcuffs, but was also
Tasered.
8:15:41 AM
MS. PIERSON directed attention to page 3, lines 6-7, which read
as follows:
To receive the designation, the person shall provide
proof of the disability from a person licensed as a
physician or physician assistant under AS 08.64, as an
advanced nurse practitioner under AS 08.68, or as a
licensed psychologist under AS 08.86.
MS. PIERSON, in response to Chair Lynn, said a psychiatrist
would be included because he/she was a medical doctor.
8:16:33 AM
REPRESENTATIVE VAZQUEZ determined that the aforementioned
language on page 3, lines 6-7, aligned with language on page 4,
lines 25-28.
8:17:13 AM
REPRESENTATIVE THOMPSON related that some people with hidden
disabilities did not want those disabilities pointed out;
therefore, he emphasized the voluntary nature of the proposal to
have the indication on a driver's license.
CHAIR LYNN pointed out that the indicator on the driver's
license would be visible to other people who asked to see a
license, such as airport security or a person selling alcohol.
REPRESENTATIVE THOMPSON responded that was correct.
8:17:52 AM
CHAIR LYNN offered his understanding that the bill sponsor
wished to return to the committee with a committee substitute.
REPRESENTATIVE THOMPSON confirmed that was correct.
8:18:04 AM
REPRESENTATIVE KELLER observed that the fiscal note mentioned
there would be some modifications to the manual published by the
DMV, and he asked what those modifications would be.
MS. PIERSON said the modification would be the aforementioned
list of protocol regarding how to act when approached by a
police officer. She indicated that since the DMV revised the
manual every year, the addition of the proposed language would
cost the state nothing.
8:18:41 AM
REPRESENTATIVE VAZQUEZ said she had spoken to the commissioner
and deputy commissioner of the Department of Public Safety
(DPS), and they both said they thought the proposed legislation
would be "reasonable to implement." She said she wanted that in
writing for the record.
MS. PIERSON stated that was something the sponsor would obtain
by working with the APSC.
REPRESENTATIVE VAZQUEZ said she also wanted feedback from the
DMV. She opined that HB 77 was excellent legislation. She
emphasized there was a strong training component, as noted by
the bill sponsor in his three-page handout [included in the
committee packet] entitled, "Training in recognizing non-
apparent disabilities."
8:20:30 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV),
Department of Administration, stated that the division would
have no problem implementing HB 77.
8:20:42 AM
REPRESENTATIVE STUTES said she presumed that because the
indicator on the driver's license would be voluntary, there
would be no issue related to the Health Insurance Portability
and Accountability Act (HIPA).
MS. PIERSON indicated that was her understanding, but said she
could check.
REPRESENTATIVE STUTES recommended doing so.
8:21:25 AM
JUANITA WEBB, Wall Busters Advocacy Group ("Wall Busters"),
began her testimony by relating that Wall Busters advocated for
disabled and senior individuals. For example, she said the
group was heavily involved with a campaign to get the local
fairgrounds paved. She stated that each year Wall Busters held
a legislative luncheon to discuss issues with legislators. She
indicated that Wall Busters had worked with the legislature to
bring forward the legislation to address this issue, which she
said extends nationwide.
MS. WEBB said [articles entitled, "How Misunderstanding
Disability Leads to Police Violence," by David M. Perry and
Lawrence Carter-Long, 5/6/14, and "People With Disabilities Half
of People Killed by Cops; Disability Rights Groups Protest," by
Joyce Chediac, 1/24/15, included in the committee packet]
highlighted the outcomes of different situations that had
happened throughout the country. She referred to her personal
story [in a letter to the bill sponsor, included in the
committee packet]. She said she would never have imagined she
would [have had an experience that] gave her a better
understanding of what some people with disabilities experience.
She relayed that her husband was legally blind, and she had
experienced people talking to her instead of him or speaking
loudly to him. She stated that unless a person was living with
a disability, he/she could not fully understand it.
MS. WEBB said she thought the proposed legislation boiled down
to one thing: education, both for people with disabilities and
the people who interact with them. She indicated there may be a
situation in which a person with a disability may not be able to
communicate with an officer, and the marker on the card, along
with the training of the officer in what to do in such a
situation, would bring about a better outcome. She thanked the
bill sponsor.
8:25:11 AM
MS. WEBB referred again to [the article by Joyce Chediac], and
she read [a portion of the final paragraph], which she said
summed up her beliefs. It read as follows:
As a member of a community that supports justice and
inclusion, we do not have the luxury to stand by when
injustice is blatantly taking place in any form, nor
should we be satisfied to wait for other communities
to ask for our help. Civil rights, respect and
justice are due to all.
8:25:44 AM
CHAIR LYNN remarked that getting pulled over by an officer could
render someone "semi-traumatized," and he ventured that the
reaction for someone with a disability could be exponentially
greater.
8:26:09 AM
PATRICK REINHART, Director, Governor's Council on Disabilities
and Special Education, testified that the council had fully
vetted the issues related to HB 77 and fully supported the
proposed legislation for its intent to train people with
disabilities how to act when pulled over by an officer and to
train officers how they should interact with people with
disabilities. Further, he said the fact that having a marker on
the license would be voluntary would make HB 77 more palatable
for some.
CHAIR LYNN talked about the importance of everyone learning what
to do when an officer stops his/her vehicle. He indicated he
would encourage people to get out their driver's license and
place both hands on the steering wheel before the officer
approaches the vehicle. He stated that it was dangerous for
officers when they pulled people over because they never know
who was going to be in the vehicle. He said there were
thousands of cases that illustrated that.
8:27:58 AM
ARTHUR DELAUNE, Member, Wall Busters Advocacy Group ("Wall
Busters"), expressed his appreciation for the work of the
sponsor's office on HB 77. He addressed previously asked
questions. First, he said it was not the intent of HB 77 to
allow an officer to recognize a disability through a database.
He explained that linking a marker on a license to a name and
personal information would be a violation of HIPA. He stated
that the entire purpose of the proposed legislation was to train
officers how to treat everyone respectfully, especially those
with hidden disabilities. The marker on the driver's license
would allow the officer to recognize that the person had a
disability and, because of the training, he/she would be able to
ask appropriate questions. It would be up to the individual to
disclose what the disability was and what accommodations he/she
might need in order to create a safe interaction. He said
several years ago concern was expressed that this type of
legislation may make it more dangerous for the police officer,
but he said that "absolutely is not the intent of the bill." He
said the police officer would ensure a safe traffic stop before
looking at the driver's license. He confirmed that the proposed
legislation would not violate HIPA regulations. He said it was
the person's right to disclose a disability, and if he/she did
so, it would be helpful for both parties involved.
8:30:15 AM
MR. DELAUNE said he had two sons diagnosed with FASD, one of
which had an encounter with law enforcement a few years ago. He
said one of the traits of someone with FASD was that he/she
wanted to please the person with whom they were interacting. He
said he had first-hand knowledge that his son was giving answers
to the police officer in order to please the authority, but he
"did not understand what he was giving to the officer," which
resulted in his being arrested. He said there are many stories
nationwide about people who have had bad encounters with police
officers, and he did not think many people did not realize what
an issue this was, because there had been articles about law
enforcement "maybe overreacting to situations." He said the
intent of HB 77 was to train officers not to overreact, but to
use de-escalation techniques in order to diffuse the situation.
He said he had been working most of the summer with the various
police agencies that would be involved. He said under HB 77,
the training would be held at academies in Sitka, Fairbanks, and
Anchorage. He said the academies in Anchorage and Fairbanks had
been using crisis intervention training, and the training
program was due for revamping in April 2015. He indicated that
the same standardized training would be used on all Alaska's
police force, and the component of the training from HB 77 would
create safe practices that would positively affect everyone -
not only those with disabilities.
8:32:51 AM
KELLY ALZAHARNA, Director, Alaska Police Standards Council
(APSC), Department of Public Safety (DPS), stated that the
division was supportive of the training, but thought that it
should be set up in regulation rather than in statute. She
confirmed that all three police academies and the correctional
academy in Alaska "include some form of this training at this
point." She stated, "The council has been working, over the
last year, through a committee, to revise the section in our
regulations that specifies what training goes into each of the
academy curriculum, and this is where we feel we would like to
have this type of training specified."
CHAIR LYNN announced his intent to co-sponsor the proposed
legislation.
8:34:06 AM
REBECCA TRAYLOR, Member, Wall Busters Advocacy Group ("Wall
Busters"), indicated that people with disabilities had come to
the group with stories of being mistreated by police. She
talked about the importance of being treated respectfully, and
said some police, parole, probation, and corrections officers
have trouble recognizing that a person had a disability;
therefore, training would help in that recognition and teach the
proper treatment of those with disabilities. She stated she
supported HB 77 because of the proposed training for officers.
She said Wall Busters Advocacy Group believed that the proposed
legislation would reduce conflict between individuals with
disabilities and law enforcement, which would "make these
encounters safer for all the parties involved."
8:36:56 AM
MS. TRAYLOR relayed a story of a friend and colleague in Wall
Busters who was experiencing mental health issues. She said
police entered the woman's home and arrested her. The woman was
incoherent, but not hostile or violent. She wound up in a
strait jacket in a holding cell overnight, for 18 hours, until
the police could figure out what to do with her. Ms. Traylor
said there are not many facilities in Fairbanks that address
mental health issues; therefore, the idea was to send the woman
to the Alaska Psychiatric Institute (API) in Anchorage. She
offered her understanding that API had become "a dumping ground
for people with hidden disabilities or some kind of behavior
that's not been determined." She said there was more to the
woman's story that she could provide to the committee. She
indicated that this type of story was heard in Fairbanks and had
become a huge problem nationally. She said in many of the cases
in the country that had been in the news, it was later
discovered that the person involved had a mental health issue
and the incident could have been handled differently. She
stated that Wall Busters wanted to be on the forefront of fixing
this situation or at least providing easier solutions for both
sides. She emphasized that the desired solution would make
everyone involved handle each situation better.
8:40:22 AM
REPRESENTATIVE GRUENBERG directed attention to the proposal to
"create a discrete symbol", found on page 3, line 3. He said he
hoped that the sponsor would consider that word, because he
opined the symbol should be immediately visible.
MS. PIERSON responded that there was a current universal symbol.
She said the symbol would be like the one that was currently
used for veterans, which she said was noticeable.
REPRESENTATIVE GRUENBERG suggested the sponsor consider the use
of the word "discreet". He explained that he had interpreted it
as meaning "subtle" rather than "unique." He then directed
attention to a list, which he observed to focus on mental
impairment. He said other disabilities that could be hidden
were: partial hearing loss, epilepsy, and someone who did not
speak English. He said the latter would not usually be called a
disability, except it was in an emergency situation.
8:42:52 AM
REPRESENTATIVE GRUENBERG credited Representative Kreiss-Tomkins
as having handed him a note that explained that the two meanings
of "discreet" and "discrete" were spelled differently.
REPRESENTATIVE VAZQUEZ suggested that perhaps there was a better
word to use because if there was confusion among the committee,
there could be confusion among the public.
CHAIR LYNN announced that he would keep public testimony open on
HB 77.
CHAIR LYNN announced that HB 77 was held over.