Legislature(2015 - 2016)BUTROVICH 205
04/07/2016 09:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB231 | |
| SB150 | |
| SB171 | |
| HB77 | |
| HB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 150 | TELECONFERENCED | |
| += | SB 171 | TELECONFERENCED | |
| += | HB 231 | TELECONFERENCED | |
| + | HB 273 | TELECONFERENCED | |
| + | HB 77 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 77-DISABILITY: ID/LICENSE AND TRAINING REQUIREMENTS.
9:55:11 AM
CHAIR STOLTZE announced the consideration of HB 77. [CSHB
77(FIN) was before the committee.]
9:56:40 AM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 77, explained that constituents who are
advocates for the disabled approached him to address legislation
for non-apparent disabilities due to bad interactions with law
enforcement officers. He detailed that his office worked with
Wall Busters and Access Alaska to compose a bill that would
improve communications between individuals with non-apparent
disabilities and law enforcement.
He detailed that HB 77 has three main components as follows:
1. Non-apparent disability awareness training at state trooper
and police training academies.
2. Section added to the Division of Motor Vehicle's handbook
addressing driver's responsibilities when interacting with
law enforcement.
3. Statewide voluntary identification system for driver's
licenses or state IDs that lets police officers or
corrections officers know an individual has a non-apparent
disability.
REPRESENTATIVE THOMPSON summarized that the bill can improve
communication between all parties and help instruct people on
what to expect when stopped by a police officer.
CHAIR STOLTZE revealed that his family has a member with autism
and interacting with police has been addressed. He remarked that
an interaction between an individual with a non-apparent
disability and a police officer who does not understand the
disability can turn badly. He noted that an incident occurred in
Kodiak that could have been prevented. He stated that he
appreciated the legislation coming forward for more awareness
and training for law enforcement officials.
9:59:18 AM
LYNETTE BERGH, Staff, Representative Steve Thompson, Alaska
State Legislature, Juneau, Alaska, explained that the bill
evolved from statewide input so that the legislation could be
accepted by the public and law enforcement. She set forth that
the bill would help both disabled people and others on what to
do when stopped by a police officer.
10:00:39 AM
JUANITA WEBB, Member, Wall Busters Advocacy Group, Fairbanks,
Alaska, testified in support of HB 77. She detailed that Wall
Busters was a consumer-driven advocacy group that brought the
bill forward with Access Alaska and Representative Thompson's
office. She set forth that the bill came about because of a
need, both on a national and local level. She asserted that law
enforcement needs to understand how a person with a non-apparent
disability may have communication or understanding opportunities
that can drastically change the interaction with law
enforcement.
She specified that HB 77 would accomplish an understanding as
follows:
• Discreet icon on ID or driver's license that was completely
voluntary.
• Education of law enforcement, corrections, or probation
officers at the academy level.
• Education for anyone applying for a driver's license.
She detailed that a person has to have diagnostic proof from a
licensed physician, nurse practitioner or licensed psychiatrist
in order to obtain a disability ID. She noted that the bill had
a zero-fiscal note. She set forth that the disability ID was not
a get-out-of-jail-free card. She summarized that the discreet
indicator and education would create a safe environment for both
the general public, people with disabilities, and law
enforcement. She asked that the bill be waived from the Senate
Finance Committee assignment due to the bill's zero-fiscal note.
10:04:26 AM
PATRICK REINHART, Executive Director, Governor's Council on
Disabilities and Special Education, Anchorage, Alaska, testified
in support of HB 77. He set forth that the bill would improve
the experience between people with unapparent disabilities and
law enforcement.
10:05:26 AM
CHAD GOEDEN, Academy Commander, Division of Alaska State
Troopers, Department of Public Safety, Sitka, Alaska, testified
that the department was neutral on HB 77. He stated that the
academy can modify its training to meet the bill's requirements.
He noted that the academy already had an 8-hour segment that
covered disabilities.
CHAIR STOLTZE asserted that Mr. Goden was neutral from a
political standpoint and noted that his department as well as
the governor's office did not take a position. He asked if Mr.
Goden saw value in adding the training.
MR. GOEDEN replied that he saw value, but remarked that the bill
would not solve all of the problems. He stated that the bill was
a step in the right direction to increase communication from
both sides.
CHAIR STOLTZE opined that the bill would also help law
enforcement better understand the circumstances for both the
person and public, ultimately strengthening the officer's
position.
10:06:48 AM
SENATOR WIELECHOWSKI asked if the state would be exposed to
liability if the requirements were not followed if a person with
disabilities was not recognized.
MR. GOEDEN responded that he did not think he was the best
person to answer Senator Wielechowski's question.
CHAIR STOLTZE asked Ms. Berge if the liability question has come
up before.
MS. BERGH replied that she did not recall the question coming
up, but noted that the designation was voluntary. She opined
that she did not believe that a person could be held responsible
if certain behaviors and interactions took place. She specified
that the icon was just a notification to law enforcement that a
person has a type of a disability.
CHAIR STOLTZE stated that he did not want to rely on an opinion
and noted that a very specialized area of disability law
existed.
10:08:09 AM
SENATOR MCGUIRE stated that she liked the bill. She revealed
that she has a head-injured brother and remarked that everyone
has been touched at some point or another by someone with
disabilities. She said her biggest area of questioning centered
on liability. She remarked that the bill may expose the state
along with jurisdictions with corrections and village public
safety officers due to the bill's new set of standards. She
asked that Legal Services provide an opinion due to new actions
caused by either disability-law theory or police council's
training requirements. She detailed that receiving an opinion
might mitigate or offset liability by setting mental standards
or placing a cap on what the amount would be. She stated that
all public-safety individuals should be included. She noted that
she did not see not the inclusion of correctional officers in
the bill.
MS. BERGH noted that version W included correctional officers.
SENATOR MCGUIRE confirmed that correctional officers, probation
officers, police officers, and village public safety officers
were covered in the bill. She asked Ms. Bergh to confirm that
the regulations were equal for everyone.
MS. BERGH replied that the standards applied to all officers
throughout the state.
10:12:02 AM
CHAIR STOLTZE noted that two committee members brought up
liability issues. He offered that the committee meet on an ad
hoc basis to receive legal opinions.
SENATOR MCGUIRE stated that she would be happy to move the bill
along and suggested that liability issue be flagged with
recommendations for the next committee of assignment.
CHAIR STOLTZE agreed to "flag" the bill and move it on.
SENATOR COGHILL asked Chair Stoltze to confirm that the
committee would get a legal opinion for the next committee.
CHAIR STOLTZE confirmed that the next committee chair would be
aware of the committee's concerns.
10:14:50 AM
ART DELAUNE, Member, Wall Busters Advocacy Group, Fairbanks,
Alaska, testified in support of HB 77. He noted that Wall
Busters, a grassroots organization, was concerned about people
being treated poorly. He detailed that Representative Thompson
was enlisted to write the bill and noted improvements made by
the bill. He pointed out that all three police academies had
training in place, but upgrades to address certain disabilities
must be made. He summarized that the bill would use of a
discreet, medical information would not be shared, police
officers would be made aware, and a conversation between the
parties would be opened. He set forth that the bill's intent was
to make interaction safer between law enforcement and the
public. He specified that the resolve was not to have police
officers discern specific disabilities with everyone they
encountered. He asserted that the legislation would be a tool to
help officers be more aware and facilitate better communication.
CHAIR STOLTZE closed public testimony on HB 77. He asked Ms.
Erickson to address what would be required for an icon
designation on driver's licenses.
10:20:42 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV), Alaska
Department of Administration, Anchorage, Alaska, explained that
DMV envisioned a simple form that would be certified by a doctor
under conditions outlined by the bill. She asserted that DMV
would not want to know any medical information.
CHAIR STOLTZE asked Ms. Erickson to confirm that she did not
envision a fiscal note as well as a nominal fee being charged
for the designation.
MS. ERICKSON answered correct and noted that the designator fee
would be $5, the same as the veterans' designator.
10:22:22 AM
SENATOR MCGUIRE stated that she supported the bill and opined
that there may be more cost than what was indicated in the
bill's fiscal note. She noted that a cultural shift was
occurring in the area of law enforcement to move away from
adversarial interactions with citizens. She added that the bill
could be improved in the next committee by clarifying that a new
legal cause of action was not created as well as clarifying
language about what the cause of action would be and what the
set amount would be so that the state's exposure was limited.
10:23:41 AM
SENATOR MCGUIRE moved to report CSHB 77 from committee with
individual recommendations and attached zero-fiscal note.
CHAIR STOLTZE announced that without objection CSHB 77(FIN)
moves from committee.