SB 198: "An Act establishing procedures relating to issuance, suspension, or revocation of certification of police officers by the police standards council; making certain court service officers subject to certification by the police standards council; making confidential certain information that personally identifies a police officer; relating to requesting or requiring police officers to submit to lie detector tests; repealing a provision exempting certain police officers from a prohibition against requiring certain employees to submit to lie detector tests; and providing for an effective date."
00 SENATE BILL NO. 198 01 "An Act establishing procedures relating to issuance, suspension, or revocation of 02 certification of police officers by the police standards council; making certain court 03 service officers subject to certification by the police standards council; making 04 confidential certain information that personally identifies a police officer; relating to 05 requesting or requiring police officers to submit to lie detector tests; repealing a 06 provision exempting certain police officers from a prohibition against requiring certain 07 employees to submit to lie detector tests; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 18.65.240(c) is repealed and reenacted to read: 10 (c) If a police officer does not meet the standards adopted under (a)(2) of this 11 section, the council may 12 (1) suspend a certificate that has been issued to the police officer; 13 (2) following the filing of an accusation, hearing, and decision under
01 AS 44.62.330 - 44.62.630, revoke the certificate of a police officer if revocation is 02 consistent with the decision; 03 (3) following the filing of a statement of issues, hearing, and decision 04 under AS 44.62.330 - 44.62.630, refuse to issue a certificate to an applicant, if refusal 05 is consistent with the decision. 06 * Sec. 2. AS 18.65.240 is amended by adding a new subsection to read: 07 (d) In a proceeding to determine the outcome of the accusation or statement of 08 issues, the council shall prove the conduct alleged in the accusation or statement of 09 issues by clear and convincing evidence. 10 * Sec. 3. AS 18.65 is amended by adding a new section to read: 11 Sec. 18.65.244. Deference to prior resolutions. Notwithstanding 12 AS 18.65.240, the council may not suspend, revoke, or refuse to issue a certificate to a 13 police officer based on a disciplinary action against the police officer that has been 14 reversed or removed as the result of 15 (1) an arbitration or grievance proceeding under a collective 16 bargaining agreement; 17 (2) a grievance, hearing, or other proceeding under applicable 18 personnel rules; or 19 (3) a proceeding under AS 44.62 (Administrative Procedure Act). 20 * Sec. 4. AS 18.65.290(7) is amended to read: 21 (7) "police officer" means 22 (A) a full-time employee of the state or a municipal police 23 department with the authority to arrest and issue citations; detain a person 24 taken into custody until that person can be arraigned before a judge or 25 magistrate; conduct investigations of violations of and enforce criminal laws, 26 regulations, and traffic laws; search with or without a warrant persons, 27 dwellings, and other forms of property for evidence of a crime; and take other 28 action consistent with exercise of these enumerated powers when necessary to 29 maintain the public peace; 30 (B) an officer or employee of the Department of Transportation 31 and Public Facilities who is stationed at an international airport and has been
01 designated to have the general police powers authorized under 02 AS 02.15.230(a); 03 (C) a University of Alaska public safety officer with general 04 police powers authorized under AS 14.40.043; 05 (D) a person who is designated under AS 22.20.130 to assist 06 the commissioner of public safety in the execution of the authority and 07 duty vested by AS 22.20.100 - 22.20.140; 08 * Sec. 5. AS 39.90.100(a) is amended to read: 09 (a) A public employer may not discharge, threaten, or otherwise discriminate 10 against an employee regarding the employee's compensation, terms, conditions, 11 location, or privileges of employment [BECAUSE] 12 (1) because the employee, or a person acting on behalf of the 13 employee, reports to a public body or is about to report to a public body a matter of 14 public concern; [OR] 15 (2) because the employee participates in a court action, an 16 investigation, a hearing, or an inquiry held by a public body on a matter of public 17 concern; or 18 (3) in the case of an employee who is a police officer, because the 19 employee refuses under (e) of this section to submit to a test conducted with a lie 20 detector device. 21 * Sec. 6. AS 39.90.100 is amended by adding new subsections to read: 22 (e) A police officer who works for a public employer may refuse a request by 23 the employer to submit to a test conducted with a lie detector device. The refusal and 24 the underlying request 25 (1) are confidential; 26 (2) may not be made part of the police officer's personnel file or 27 employment record. 28 (f) In this section, "lie detector device" means a polygraph, deceptograph, 29 voice stress analyzer, psychological stress evaluator, or other similar device, 30 mechanical or electrical, that is used to obtain data to support a diagnostic opinion 31 regarding the honesty or dishonesty of a natural person.
01 * Sec. 7. AS 40.25 is amended by adding a new section to read: 02 Sec. 40.25.145. Confidentiality of police officer information. (a) Except as 03 provided in (b) of this section, information in the possession of a law enforcement 04 agency that personally identifies a police officer who is employed by the agency, 05 including the police officer's photographic image or home address, is confidential and 06 is not subject to inspection under AS 40.25.110 or 40.25.120 unless the police officer 07 voluntarily authorizes its release in writing. 08 (b) Notwithstanding (a) of this section, information that personally identifies a 09 police officer may be released for inspection under AS 40.25.110 or 40.25.120 if 10 (1) the police officer is lawfully arrested and the information is a 11 photograph of the police officer; or 12 (2) the police officer is lawfully arrested and the information is 13 included in one or more of the following: 14 (A) a report or recording that documents a 911 telephone call; 15 (B) a police or investigative report; 16 (C) a complaint made to a law enforcement agency; 17 (D) the statement of a witness in either a criminal matter or a 18 proceeding related to the adjudication of a minor under AS 47.12.110. 19 * Sec. 8. AS 23.10.037(b) is repealed. 20 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).