CSSB 145(JUD): "An Act relating to regional and village public safety officers; relating to the expansion of the village public safety officer program to include the provision of probation and parole supervision services; and relating to retirement benefits for village public safety officers."
00 CS FOR SENATE BILL NO. 145(JUD) 01 "An Act relating to regional and village public safety officers; relating to the expansion 02 of the village public safety officer program to include the provision of probation and 03 parole supervision services; and relating to retirement benefits for village public safety 04 officers." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.65 is amended by adding a new section to read: 07 Sec. 09.65.280. Civil liability of state for acts or omissions of village public 08 safety officers. Notwithstanding another provision of law, the state and its officers, 09 agents, and employees are not liable in tort, except for an act or omission that 10 constitutes gross negligence or reckless or intentional misconduct, for damages for the 11 injury to or death of a person or property damage resulting from the supervision of, 12 training of, actions of or failure to act of, or use of or failure to use village public 13 safety officers in communicating with or monitoring the activities of persons on 14 probation or parole.
01 * Sec. 2. AS 18.65.670 is amended to read: 02 Sec. 18.65.670. Village public safety officers program. (a) There is created 03 in the Department of Public Safety a village public safety officer program to assist 04 local governments and villages through nonprofit regional corporations to appoint, 05 train, supervise, and retain persons to serve as village public safety officers to 06 administer functions relative to 07 (1) the protection of life and property in rural areas of the state; and 08 (2) providing probation and parole supervision to persons under 09 supervision by communicating with and monitoring the activities and progress of 10 these persons at the direction of probation and parole officers. 11 (b) With funds appropriated for that purpose, the commissioner of public 12 safety shall provide grants to nonprofit regional corporations for village public safety 13 officers. The commissioner of public safety shall coordinate with the 14 commissioner of corrections when providing grants under this section, and the 15 commissioners shall jointly execute an agreement with the nonprofit regional 16 corporations. 17 (c) The commissioner of public safety may adopt regulations related to village 18 public safety officers, including minimum standards and training, criteria for 19 community or corporation participation, and the interaction between the Department 20 of Public Safety and village public safety officers. The commissioner of corrections 21 may adopt regulations related to the functions of village public safety officers 22 providing probation and parole supervision. 23 * Sec. 3. AS 18.65 is amended by adding a new section to article 9 to read: 24 Sec. 18.65.680. Regional public safety officers. The commissioner of public 25 safety may appoint regional public safety officers to 26 (1) provide an expanded public safety and law enforcement presence in 27 rural areas of the state; 28 (2) provide oversight and training for the village public safety officer 29 program; 30 (3) administer functions relating to 31 (A) protecting life and property in the rural areas of the state;
01 (B) conducting investigations; 02 (C) conducting search and rescue missions; 03 (D) conducting local training programs in drug and alcohol 04 awareness and prevention, water safety, and gun safety; 05 (4) perform other duties relating to public safety as directed by the 06 commissioner. 07 * Sec. 4. AS 39.35.120 is amended to read: 08 Sec. 39.35.120. Commencement of participation. (a) An employee of the 09 state shall be included in this system upon commencement of employment with the 10 state, or on January 1, 1961, whichever is later. Unless an employee has elected to 11 participate in the optional university retirement program under AS 14.40.661 - 12 14.40.799, an employee of a political subdivision or public organization that becomes 13 an employer shall be included in the system on the effective date of the employer's 14 participation or the date of the employee's commencement of employment with the 15 employer, whichever is later. A village public safety officer employed under the 16 village public safety officer program established in AS 18.65.670 is included in 17 this system on the date that the officer's election to participate in the system 18 under AS 39.35.310 takes effect. 19 (b) Inclusion in the system is a condition of employment for an employee 20 except as otherwise provided for 21 (1) an elected official; 22 (2) [AND FOR] an employee of the university who has elected to 23 participate in the optional university retirement program under AS 14.40.661 - 24 14.40.799; and 25 (3) a village public safety officer employed by a nonprofit regional 26 corporation. 27 * Sec. 5. AS 39.35.310 is amended by adding new subsections to read: 28 (f) A village public safety officer employed by a nonprofit regional 29 corporation may elect to participate in the system. The election may be made at any 30 time after the village public safety officer begins employment with the nonprofit 31 regional corporation as a village public safety officer. A village public safety officer
01 who elects to participate in the system may terminate participation in the system at any 02 time after making the election by filing a written notice with the administrator on a 03 form provided by the administrator. An election to participate or terminate 04 participation in this system operates prospectively only. A village public safety officer 05 who elects to participate in the system is liable for employee contributions under 06 AS 39.35.160, and the nonprofit regional corporation that employs the village public 07 safety officer is liable for employer contributions under AS 39.35.250. 08 (g) A village public safety officer who has elected to participate in this system 09 under (f) of this section is entitled to credited service for service as a village public 10 safety officer under the village public safety officer program before the effective date 11 of this Act. To receive credited service under this subsection, the village public safety 12 officer shall claim the service. A member who claims credited service under this 13 subsection is indebted to the system. The amount of the indebtedness is the full 14 actuarial cost of providing benefits based on the service as a village public safety 15 officer. Interest as prescribed by regulation accrues on this indebtedness. Any 16 outstanding indebtedness that exists at the time a person is appointed to retirement 17 necessitates an actuarial adjustment to the benefits payable based upon prior service as 18 a village public safety officer. 19 * Sec. 6. AS 39.35.342(a) is amended to read: 20 (a) A vested employee is entitled to credited service for employment as a 21 village public safety officer under the program established under AS 18.65.670 for 22 which the employee has not otherwise received credited service under this 23 system. An employee is not entitled to credited service for employment as a village 24 public safety officer unless the employee was employed as a village public safety 25 officer for at least one year. The credited service allowed may not exceed an 26 aggregate period of five years. Benefits are not payable on credited service for village 27 public safety officer service under this section unless the employee makes retroactive 28 contributions to the system for the period of time that service credit is claimed. 29 * Sec. 7. AS 39.35.680(17) is amended to read: 30 (17) "employer" means 31 (A) the State of Alaska;
01 (B) a nonprofit regional corporation, but only with respect 02 to village public safety officers employed by the corporation under 03 AS 18.65.670 who have elected to participate in the system under 04 AS 39.35.310 and have not terminated that participation; or 05 (C) a political subdivision or public organization of the state 06 that participates in the system; 07 * Sec. 8. AS 39.35.680(28) is amended to read: 08 (28) "peace officer" or "fire fighter" means an employee occupying a 09 position as a peace officer, chief of police, correctional officer, correctional 10 superintendent, fire fighter, fire chief, or probation officer, but does not include a 11 village public safety officer employed by a village public safety officer program 12 established under AS 18.65.670; 13 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. This Act does not modify the terms of a contract between the state 16 and a nonprofit regional corporation in existence on the effective date of this Act.