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.