Legislature(2015 - 2016)BUTROVICH 205

04/07/2016 09:00 AM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
-- Public Testimony on Appointees --
Board of Fisheries:
Israel Payton
Alan Cain
Robert Ruffner
<Above Item Removed from Agenda>
+= SB 150 MVA COMMISSIONER MEMBER OF CDVSA TELECONFERENCED
Heard & Held
+= SB 171 DOA PAYMENTS; REPEAL OTHER DOA DUTIES TELECONFERENCED
Moved CSSB 171(STA) Out of Committee
+= HB 231 EXTEND BOARD OF PAROLE TELECONFERENCED
Moved SCS CSHB 231(STA) Out of Committee
+ HB 273 VEHICLES: TRANSFER ON DEATH TITLE;ESTATES TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 77 DISABILITY:ID/LICENSE AND TRAINING RQMTS. TELECONFERENCED
Moved CSHB 77(FIN) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled 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.                                                                                                           

Document Name Date/Time Subjects
SB 150 DMVA Letter to Senate State Affairs - 03-29-16.pdf SSTA 4/7/2016 9:00:00 AM
SB 150
SB 150 ANDVSA Written Testimony 04-05-2016.pdf SSTA 4/7/2016 9:00:00 AM
SB 150
HB 273 Sponsor Statement.pdf SSTA 4/7/2016 9:00:00 AM
HB 273
HB 273 Summary of Changes from Version P to Version I.PDF SSTA 4/7/2016 9:00:00 AM
HB 273
HB 273 Sectional Analysis by LAA Legal Services - Version I - 03-10-16.PDF SSTA 4/7/2016 9:00:00 AM
HB 273
HB 273 Letter of Support - AARP - 02-05-16.PDF SSTA 4/7/2016 9:00:00 AM
HB 273
HB 273 Support Letter - Alaska Automobile Dealers Association - 01-28-16.pdf SSTA 4/7/2016 9:00:00 AM
HB 273
HB 77 Sponsor Statement to Version P (House Finance CS).pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Sectional Analysis by Sponsor of version W (Initial Version).pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Version W (Initial Version).PDF SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Version E (House State Affairs CS).pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Version P (House Finance CS).pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Backup Document - Non-apparent disabilities symbol.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Fiscal Note #3 DOA-DMV 3-25-16.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Alaska Commission on Aging 3-22-16.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Governor's Council on Disabilities & Special Education 3-14-16.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Email Art Delaune 04-06-16.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Frank Ron 02-19-15.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Juanita Webb.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 77 Letter of Support - Wallbusters' explanation of Hidden Disabilities.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
SB 171 REPLACEMENT Fiscal Note (unpublished) to CS(STA)H - DOA-DOF 04-06-16.PDF SSTA 4/7/2016 9:00:00 AM
SB 171
HB 231 SCS(STA) Work Draft Version N - 04-06-2016.pdf SSTA 4/7/2016 9:00:00 AM
HB 231
SB 150 Amendment #1 (Adopted) in SSTA - By Senator Stoltze (A.2).pdf SSTA 4/7/2016 9:00:00 AM
SB 150
SB 150 Amendment #2 (Offered, Objected, and Held - Unresolved) in SSTA - By Senator Stoltze (A.1).pdf SSTA 4/7/2016 9:00:00 AM
SB 150
SB 171 Amendment #1 to CS(STA) version H by Stoltze (H.2) - (Withdrawn).pdf SSTA 4/7/2016 9:00:00 AM
SB 171
SB 171 Amendment #2 to CS(STA) version H by Stoltze (H.1) - (Adopted).pdf SSTA 4/7/2016 9:00:00 AM
SB 171
SB 171 Amendment #3 to CS(STA) version H by Stoltze (H.5) - (Adopted).pdf SSTA 4/7/2016 9:00:00 AM
SB 171
SB 171 Amendment #4 to CS(STA) version H by Stoltze (H.6) - (Adopted).pdf SSTA 4/7/2016 9:00:00 AM
SB 171
HB 77 Legal Opinion Regarding State Liability per SSTA Questions - 4-12-2016.pdf SSTA 4/7/2016 9:00:00 AM
HB 77
HB 273 Letter of Support - Kayla Epstein 04-11-2016.pdf SSTA 4/7/2016 9:00:00 AM
HB 273
HB 273 Comparison Version from Version P to Version I (Initial to HCS STA).pdf SSTA 4/7/2016 9:00:00 AM
HB 273