Senate committee advances ‘Blue Envelope’ program to help drivers with autism and other disabilities

The Senate Transportation and Infrastructure Committee on a voice vote reported House Bill 4053 to the full Senate with a recommendation that it pass, but on original double-reference be first referred to the Health and Human Resources Committee.

The bill, explained by committee counsel Mariah, would create a new article establishing a “Blue Envelope” program administered by the West Virginia State Police. The envelopes would be blue, sized to hold a driver’s license, registration and insurance card, and would include optional information such as a driver’s diagnosis, printed guidance for officers on best practices during a traffic stop, space for notes about individual communication needs, and a place to list an emergency contact. Counsel said the State Police would mail the materials and make them available at every State Police detachment and at county motor vehicle offices.

Delegate Walter Hall (District 58), the lead sponsor, told the committee the measure grew out of discussions with families and a model program in Ohio and said the packet is voluntary. “This legislation will allow that stop to turn a negative stop into a positive stop,” he said.

Senator from Jefferson asked whether troopers still receive training on autism spectrum disorder; Zach Hott, vice president of the West Virginia State Troopers Association, confirmed troopers continue to receive training and told the committee that the envelope would be “another tool to add for positive interaction between us and the public.” Counsel clarified the State Police would organize and administer the program but that envelopes could be handed to any law enforcement officer or agency.

The bill includes several limits and protections: the State Police would be prohibited from collecting or storing identifying information about requesters except as necessary for distribution; the agency would not be required to verify information placed on the envelope; and the statute would not create liability for the state or state employees for information provided in good faith. Counsel also said the bill includes a good-faith protection from civil or criminal liability unless information was false and knowingly so.

Vice chair Foster moved to report the engrossed committee substitute to the full Senate with a recommendation to pass and the motion was adopted by voice vote. The committee did not record a roll-call tally in the transcript.

Next steps: the bill is to be referred under the double-reference rule to the Health and Human Resources Committee before a final Senate vote.