Legislature(2019 - 2020)GRUENBERG 120

03/20/2020 01:00 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

Audio Topic
01:02:40 PM Start
01:03:15 PM Violent Crime Compensation Board
01:16:47 PM HB287
02:00:19 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Violent Crimes Compensation Board - Gregory
Bringhurst, Richard "Kay" Payne
-- Public Testimony --
+= HJR 31 CONST AM: PERMANENT FUND; POMV;EARNINGS TELECONFERENCED
<Bill Hearing Canceled>
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 287 VILLAGE PUBLIC SAFETY OFFICER GRANTS TELECONFERENCED
Moved CSHB 287(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 20, 2020                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Chuck Kopp                                                                                                       
Representative Harriet Drummond                                                                                                 
Representative Laddie Shaw                                                                                                      
Representative Sarah Vance                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Louise Stutes                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Violent Crime Compensation Board                                                                                              
                                                                                                                                
Gregory Bringhurst - Fairbanks                                                                                                  
Richard Payne - Wasilla                                                                                                         
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 287                                                                                                              
"An  Act requiring  background investigations  of village  public                                                               
safety  officer applicants  by the  Department of  Public Safety;                                                               
relating  to  the  village public  safety  officer  program;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 287(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 287                                                                                                                  
SHORT TITLE: VILLAGE PUBLIC SAFETY OFFICER GRANTS                                                                               
SPONSOR(s): REPRESENTATIVE(s) KOPP                                                                                              
                                                                                                                                
02/24/20       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/20       (H)       TRB, JUD, FIN                                                                                          
02/26/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/26/20       (H)       <Bill Hearing Canceled>                                                                                
03/03/20       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/03/20       (H)       Heard & Held                                                                                           
03/03/20       (H)       MINUTE(TRB)                                                                                            
03/05/20       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/05/20       (H)       Heard & Held                                                                                           
03/05/20       (H)       MINUTE(TRB)                                                                                            
03/10/20       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/10/20       (H)       Moved CSHB 287(TRB) Out of Committee                                                                   
03/10/20       (H)       MINUTE(TRB)                                                                                            
03/11/20       (H)       TRB RPT CS(TRB) 4DP 1NR                                                                                
03/11/20       (H)       DP: KOPP, LINCOLN, ORTIZ, ZULKOSKY                                                                     
03/11/20       (H)       NR: VANCE                                                                                              
03/11/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/11/20       (H)       Heard & Held                                                                                           
03/11/20       (H)       MINUTE(JUD)                                                                                            
03/13/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/13/20       (H)       Heard & Held                                                                                           
03/13/20       (H)       MINUTE(JUD)                                                                                            
03/16/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/16/20       (H)       -- MEETING CANCELED --                                                                                 
03/18/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/18/20       (H)       Heard & Held                                                                                           
03/18/20       (H)       MINUTE(JUD)                                                                                            
03/20/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GREGORY BRINGHURST, Appointee                                                                                                   
Violent Crimes Compensation Board                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Offered testimony on his appointment to the                                                              
Violent Crimes Compensation Board.                                                                                              
                                                                                                                                
RICHARD PAYNE, Appointee                                                                                                        
Violent Crimes Compensation Board                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Offered testimony on his appointment to the                                                              
Violent Crimes Compensation Board.                                                                                              
                                                                                                                                
KEN TRUITT, Staff                                                                                                               
Representative Chuck Kopp                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions pertaining to CSHB
287(TRB), as amended.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:40 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to order  at 1:02  p.m.   Representatives Claman,  Kopp,                                                               
Shaw,   and  Vance   were   present  at   the   call  to   order.                                                               
Representative Drummond arrived as the meeting was in progress.                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                    CONFIRMATION HEARING(S):                                                                                
^Violent Crime Compensation Board                                                                                               
                Violent Crime Compensation Board                                                                            
                                                                                                                              
1:03:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
the  Confirmation Hearings  for the  Violent Crimes  Compensation                                                               
Board.                                                                                                                          
                                                                                                                                
1:03:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony.                                                                                           
                                                                                                                                
1:04:14 PM                                                                                                                    
                                                                                                                                
GREGORY  BRINGHURST,   Appointee,  Violent   Crimes  Compensation                                                               
Board,  offered  testimony  on his  appointment  to  the  Violent                                                               
Crimes  Compensation Board.    He  stated that  he  was born  and                                                               
raised in  Fairbanks where he  currently lives with his  wife and                                                               
two daughters,  and he said  that he  was appointed to  the board                                                               
last May  by Governor  Mike Dunleavy.   He said  that he  was not                                                               
confirmed by the  legislature yet, as he was  appointed after the                                                               
legislature had adjourned, but he  has served on the board during                                                               
this  time.   He asked  for support  to continue  serving on  the                                                               
Violent Crimes Compensation  Board.  He stated that  far too many                                                               
Alaskans have been  the victims of violent crimes, and  it is the                                                               
duty of the  Violent Crimes Compensation Board  to help alleviate                                                               
some of  the hardships that  victims face in their  greatest time                                                               
of need.                                                                                                                        
                                                                                                                                
MR. BRINGHURST stated that he is  a victim of violent crime and a                                                               
former recipient  of violent crimes  compensation.   He explained                                                               
that  in 1996  his mother,  who  was his  primary caretaker,  was                                                               
murdered in  the Fairbanks  area.  He  expressed that  this event                                                               
changed the  course of his  life, and  many others, forever.   He                                                               
stated that  he was a  grieving 14-year-old  at the time  and the                                                               
details are a  little hazy, but he did  receive compensation that                                                               
was  ultimately  used  to  allow  him  to  attend  college.    He                                                               
explained that  he is not  certain he  would have gone  down that                                                               
path as  easily if  he had  not received  that compensation.   He                                                               
said that it took him several  years to realize that he wanted to                                                               
use  his experience  to  help others  and to  find  ways to  stop                                                               
people from having to experience some  of the things that he did.                                                               
He stated  that he took steps  to enter a career  field in public                                                               
policy  and is  now  the Fairbanks  regional  director and  rural                                                               
advisor  to U.S.  Senator Dan  Sullivan, and  he has  also worked                                                               
with Senator Lisa  Murkowski as a legislative  aide in Washington                                                               
D.C.                                                                                                                            
                                                                                                                                
MR.  BRINGHURST stated  that he  has spent  time in  Juneau as  a                                                               
legislative fellow  and has been  to Juneau for  several advocacy                                                               
trips  on  issues throughout  the  year,  which  he said  he  has                                                               
enjoyed.  He explained that  his legislative experience will help                                                               
him  to serve  on  the board.    He expressed  that  he hopes  to                                                               
continue this work  to serve Alaskans who are in  need, and he is                                                               
honored to  have the opportunity  to serve victims in  the state.                                                               
He  pointed out  that  there is  a  lot  of work  to  do, as  the                                                               
statistics  are not  always  good, but  that  the Violent  Crimes                                                               
Compensation Board can  do what it can to help  mitigate and help                                                               
people when they most need it.                                                                                                  
                                                                                                                                
1:07:30 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN remarked that Mr.  Bringhurst's resume shows that he                                                               
worked at  the Cook Inlet  Housing Authority from  September 2018                                                               
to the present,  but that obviously changed;  therefore, he asked                                                               
Mr. Bringhurst when he changed jobs and moved back to Fairbanks.                                                                
                                                                                                                                
MR.  BRINGHURST answered  that he  returned from  Washington D.C.                                                               
and spent some  time in Anchorage.  He said  that his family with                                                               
two small children  was anxious to get back to  Fairbanks, and he                                                               
said he thinks that his start date was in early October.                                                                        
                                                                                                                                
1:08:29 PM                                                                                                                    
                                                                                                                                
RICHARD  PAYNE,  Appointee,  Violent Crimes  Compensation  Board,                                                               
offered  testimony  on  his appointment  to  the  Violent  Crimes                                                               
Compensation Board.   He stated  that he is currently  serving on                                                               
the board  as of the  past month.  He  explained that he  has not                                                               
attended any meetings  and has only done emergency  requests.  He                                                               
said that he was born and  raised in Magna, Utah, was educated at                                                               
Utah State University, went to  law school in Willamette, Oregon,                                                               
moved to Alaska in 1996 to  1997, and worked for the Municipality                                                               
of Anchorage in the Civil Division  until 2001, at which point he                                                               
became an assistant district attorney  in Palmer.  He stated that                                                               
he served as an assistant  district attorney under Roman Kalytiak                                                               
from 2001  to 2007, and  in December  2007, he formed  the Denali                                                               
Law Group with his law partner  Jon Marc Petersen, which has been                                                               
in  operation from  2007 to  present.   He pointed  out that  the                                                               
Denali  Law  Group  grew  quickly and  is  the  largest  criminal                                                               
defense firm in Alaska.                                                                                                         
                                                                                                                                
MR. PAYNE stated that he is a  father of four, is married to Tyan                                                               
Payne, who has several businesses  in Eagle River, Anchorage, and                                                               
[the  Matanuska-Susitna] (Mat-Su)  Valley.   He said  the current                                                               
focus of his practice is  indigent defense, helping those who are                                                               
unable to obtain a lawyer.   This is done through a contract from                                                               
the Municipality of Anchorage and  through a contract in the Mat-                                                               
Su Valley with the State of  Alaska, through the Office of Public                                                               
Advocacy.  He  stated that his firm has a  presence in Fairbanks,                                                               
Kenai, Anchorage, and the Mat-Su Valley.                                                                                        
                                                                                                                                
MR. PAYNE  stated that when  he applied and was  approached about                                                               
the position  on the  Violent Crimes  Compensation Board,  he was                                                               
concerned  that  the legislature  would  view  him as  a  defense                                                               
attorney and  question why there  would be a defense  attorney on                                                               
this board.   He said that  he told the governor's  staff that he                                                               
thought  this was  an  issue  and they  talked  through  it.   He                                                               
expressed that he does not  define himself as a defense attorney.                                                               
He explained that  he finds the best lawyers are  able to look at                                                               
a case from both sides - as  a prosecutor, which he was for seven                                                               
years, and as  a defense attorney, which he said  he currently is                                                               
- and  he thinks  he is  an attorney,  who can  see it  from both                                                               
sides.  He said  that he thinks he could be a  great asset on the                                                               
board; he has worked for victims  as a prosecutor, knows the pain                                                               
of murder  and sexual assault cases  as he has handled  them all,                                                               
knows  the pain  from  a grieving  family  from representing  the                                                               
defendant "side  of the coin,"  and he said compassion  can still                                                               
be  shown to  the people  who  have been  wronged and  hurt.   He                                                               
pointed out that he thinks he  comes with certain skill sets that                                                               
would be very powerful and useful for the board.                                                                                
                                                                                                                                
1:11:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  remarked that it  is not clear  from the                                                               
application form in  front of the committee,  [hard copy included                                                               
in  committee packet],  what Mr.  Payne's current  work situation                                                               
is.  She  observed the last job listed was  attorney for the City                                                               
of Wasilla,  and that  ended in  2013.  She  asked who  Mr. Payne                                                               
works for currently as a defense attorney.                                                                                      
                                                                                                                                
MR.  PAYNE   answered  explained   that  he  left   the  district                                                               
attorney's  office in  Palmer in  2007, and  his law  partner Jon                                                               
Marc Petersen  and he formed the  Denali Law Group, which  is the                                                               
firm  he currently  works  as  partner.   He  explained that  the                                                               
Denali Law Group has operated  as an independent firm since 2007,                                                               
and he  was the attorney for  the City of Wasilla  for five years                                                               
through 2013  as a contract attorney,  as he was not  an employee                                                               
of the  City of Wasilla.   He said  that currently his  firm does                                                               
criminal  defense,  personal  injury, and  domestic  cases,  with                                                               
domestic cases being defined  as divorce, custody, guardianships,                                                               
trusts, wills, and  others.  He said they do  what they call "the                                                               
big three,"  but his firm is  clearly seen as a  criminal defense                                                               
firm,  at least  in Anchorage.   He  said the  numbers point  out                                                               
clearly that  his firm  is the largest  criminal defense  firm in                                                               
the  state, doing  approximately 4,000  cases in  Anchorage every                                                               
year,  approximately  3,900  to  3,950 of  which  are  low  level                                                               
misdemeanors.                                                                                                                   
                                                                                                                                
REPRESENTATIVE DRUMMOND  asked why  this somewhat  critical piece                                                               
of  information  was missing  from  the  written application  the                                                               
committee received.                                                                                                             
                                                                                                                                
MR. PAYNE replied that he did  not know and said it surprised him                                                               
that this  had happened.   He said, "I guess  that's on me."   He                                                               
explained that the Denali Law Group  had been his "life" to build                                                               
up  the firm,  since  2007, and  he  was not  sure  why the  word                                                               
"present" was not  contained.  He said that in  2013, as the city                                                               
attorney, he  was still with the  Denali Law Group, and  he added                                                               
that the application should read,  "from 2007 to 2020; Denali Law                                                               
Group."                                                                                                                         
                                                                                                                                
1:13:56 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  whether the  Denali Law  Group was  the firm                                                               
that  got the  contract  for  the city  public  defender work  in                                                               
Anchorage when  "Gorton & Overly, or  Gorton & Logue" put  in for                                                               
the contract but did not get it again.                                                                                          
                                                                                                                                
MR. PAYNE  answered that  that was  accurate.   He said  that the                                                               
other firm had had the contract  for 26 years, and the Denali Law                                                               
Group bid and got the contract.                                                                                                 
                                                                                                                                
1:14:37 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that there was no  one else who                                                               
wished to  testify, closed public  testimony on  the Confirmation                                                               
Hearings for the Violent Crimes Compensation Board.                                                                             
                                                                                                                                
CHAIR  CLAMAN  recalled  Mr. Payne's  observation  about  how  an                                                               
attorney who has  worked on both sides can sometimes  have a good                                                               
understanding, and he expressed that  he could not agree with him                                                               
more.                                                                                                                           
                                                                                                                                
1:15:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND commented  that she  was sorry  that Mr.                                                               
Bringhurst had to  have the horrible experience of  the murder of                                                               
his mother, but  expressed that she could see he  had "put it all                                                               
to really good use."  She said  she thinks he brings a great deal                                                               
of skill and compassion to the  position, and she thanked him for                                                               
his  service.   She said  Mr.  Payne also  has a  broad range  of                                                               
experience, and she would trust  them both to make good decisions                                                               
on the board.                                                                                                                   
                                                                                                                                
1:16:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP stated  that  the  House Judiciary  Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointees and  recommends that the following  names be forwarded                                                               
to   a  Joint   Session  of   the  Senate   and  the   House  for                                                               
consideration:   Gregory Bringhurst and  Richard K. Payne  to the                                                               
Violent Crimes Compensation Board.   He stated that this does not                                                               
reflect  intent by  any of  the members  to vote  for or  against                                                               
these individuals  during any further  sessions for  the purposes                                                               
of confirmation.                                                                                                                
                                                                                                                                
CHAIR  CLAMAN   announced  that  the  confirmations   of  Gregory                                                               
Bringhurst   and  Richard   K.  Payne   to  the   Violent  Crimes                                                               
Compensation  Board were  advanced to  the Joint  Session of  the                                                               
Senate and the House.                                                                                                           
                                                                                                                                
          HB 287-VILLAGE PUBLIC SAFETY OFFICER GRANTS                                                                       
                                                                                                                                
1:16:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 287, "An Act  requiring background investigations                                                               
of village public safety officer  applicants by the Department of                                                               
Public  Safety; relating  to the  village  public safety  officer                                                               
program;  and providing  for  an effective  date."   [Before  the                                                               
committee was CSHB 287(TRB).]                                                                                                   
                                                                                                                                
CHAIR CLAMAN noted that his  office had received 10 amendments to                                                               
HB 287.   He  noted that  in addition to  the 10  amendments, his                                                               
office  had  received  a  one-page memo  from  the  bill  sponsor                                                               
Representative  Kopp's   office  [hard   copy  included   in  the                                                               
committee packet],  which talks about the  definition of indirect                                                               
cost and indirect  cost rate.  He said there  had been a question                                                               
as to  whether that  should be an  amendment, and  the memorandum                                                               
addresses the reason as to why it is not an amendment.                                                                          
                                                                                                                                
1:18:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  1, labeled  31-                                                               
LS1486\O.2, Radford, 3/18/20, which read as follows:                                                                            
                                                                                                                                
     Page 4, lines 6 - 7:                                                                                                       
          Delete ", federally recognized tribes,"                                                                               
                                                                                                                                
     Page 4, lines 8 - 9:                                                                                                       
          Delete ", federally recognized tribes,"                                                                               
                                                                                                                                
     Page 4, line 14:                                                                                                           
          Delete ", federally recognized tribes,"                                                                               
                                                                                                                                
     Page 6, line 11:                                                                                                           
          Delete "a federally recognized tribe,"                                                                                
                                                                                                                                
     Page 6, line 30:                                                                                                           
     Delete "direct grant recipients or"                                                                                        
                                                                                                                                
1:18:16 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  objected  to  the   motion,  for  the  purpose  of                                                               
discussion.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  stated  that  Amendment 1  would  remove  a                                                               
reference  to "federally  recognized tribes"  in response  to the                                                               
concern that there  are 229 recognized tribes.  He  said that the                                                               
proposed legislation would not  exponentially improve the funding                                                               
for  the  program.    He  said there  have  been  10  long-acting                                                               
grantees with well-established relationships,  and it was not the                                                               
intent  to come  up with  another  $100 million  dollars for  the                                                               
program.   He  said that  this  would also  provide stability  of                                                               
funding and more certainty to the current program participants.                                                                 
                                                                                                                                
1:19:13 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  withdrew his  objection  to  the motion  to  adopt                                                               
Amendment 1.   There being no further objection,  Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
1:19:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  2, labeled  31-                                                               
LS1486\O.14, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 8, lines 28 - 29:                                                                                                     
          Delete "if less than 10 years has elapsed since                                                                       
     the individual's use"                                                                                                      
      Insert "unless the individual was under 21 years of                                                                       
      age at the time of the possession and the possession                                                                      
     occurred more than 10 years before the date of hire"                                                                       
                                                                                                                                
1:19:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KOPP,   referencing  page   8  of   the  proposed                                                               
legislation, stated  that this amendment  deals with  the Village                                                               
Public Safety  Officer (VPSO)  qualifications.   He said  that an                                                               
individual  who has  not been  previously convicted  is otherwise                                                               
eligible.   He said that the  language in the current  version of                                                               
the bill  says that an  individual cannot have been  convicted of                                                               
possession  of  a  controlled  substance   as  defined  under  AS                                                               
11.71.900,  which  are  all   controlled  substances  other  than                                                               
marijuana,  if  less   than  10  years  has   elapsed  since  the                                                               
individual's  use.   He  said  that this  proved  to be  somewhat                                                               
problematic  and was  inconsistent with  other public  safety job                                                               
classes,  so to  make  the requirement  more  uniform across  job                                                               
classes,  the reference  to "if  less than  10 years  has elapsed                                                               
since the  individual's use" would  be deleted and  replaced with                                                               
"unless the individual  was under 21 years of age  at the time of                                                               
the possession  and the  possession occurred  more than  10 years                                                               
before  the  date of  hire".    He  said that  this  consolidates                                                               
things.   He said that a  mistake under the  age of 21 is  not an                                                               
automatic  disqualifier, and  he reminded  the committee  members                                                               
that  drug   possession  for  first-time   offenders  is   now  a                                                               
misdemeanor, whereas it  used to be a felony.   He reiterated the                                                               
10-year time limit for eligibility as well.                                                                                     
                                                                                                                                
1:21:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 2.   There being no  further objection, Amendment                                                               
2 was adopted.                                                                                                                  
                                                                                                                                
1:21:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  3, labeled  31-                                                               
LS1486\O.13, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 6, line 17:                                                                                                           
          Delete "probation"                                                                                                    
          Insert "pretrial, probation,"                                                                                         
                                                                                                                                
     Page 14, lines 4 - 6:                                                                                                      
          Delete all material and insert:                                                                                       
     "(2)     providing  pretrial,  probation,   and  parole                                                                    
     supervision   to    persons   under    supervision   by                                                                    
     communicating  with and  monitoring the  activities and                                                                    
     progress of these persons at  the direction of pretrial                                                                    
     services, probation, and parole officers;"                                                                                 
                                                                                                                                
1:21:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KOPP  stated that  VPSOs are  an integral  part of                                                               
Alaska's  probation and  parole program  and provide  services in                                                               
rural Alaska.   He said that the Department  of Corrections (DOC)                                                               
noted  that  VPSOs  are  also needed  for  pretrial  services  to                                                               
supervise individuals.   He stated that DOC noted  that the VPSOs                                                               
are already doing  the job on the probation and  parole side, and                                                               
the department requested  that the statute be  updated to reflect                                                               
that VPSOs  could also  supervise people in  rural Alaska  on the                                                               
pretrial side.                                                                                                                  
                                                                                                                                
1:22:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 3.   There being no  further objection, Amendment                                                               
3 was adopted.                                                                                                                  
                                                                                                                                
1:22:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  4, labeled  31-                                                               
LS1486\O.15, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 7, following line 29:                                                                                                 
     Insert a new paragraph to read:                                                                                            
               "(3)  is of good moral character;"                                                                               
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 8, line 4:                                                                                                            
         Delete "crime against a person under AS 11.41"                                                                         
                                                                                                                                
     Page 8, lines 6 - 9:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subparagraphs accordingly.                                                                          
                                                                                                                                
     Page 9, line 11, following "section,":                                                                                     
          Insert "(1)  "good moral character" means the                                                                         
     absence  of   acts  or  conduct  that   would  cause  a                                                                    
     reasonable person  to have substantial doubts  about an                                                                    
     individual's  honesty, fairness,  and  respect for  the                                                                    
     rights of  others and  for the laws  of this  state and                                                                    
     the  United States;  for purposes  of  this section,  a                                                                    
     determination of  lack of good  moral character  may be                                                                    
     based on a  consideration of all aspects  of a person's                                                                    
     character;                                                                                                                 
     (2)"                                                                                                                       
                                                                                                                                
1:22:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KOPP,   referencing  page   7  of   the  proposed                                                               
legislation, stated that when  talking about VPSO qualifications,                                                               
Amendment  4 would  establish that  they  also must  be of  "good                                                               
moral character".   He explained  that this statement is  also in                                                               
the  police  officer and  corrections  officer  statute, and  the                                                               
amendment  would  standardize that  the  program  is looking  for                                                               
people of  good moral character.   He said that the  next portion                                                               
of  Amendment  4 would  delete  the  reference "crime  against  a                                                               
person under  AS 11.41".   He  explained the  reason for  this is                                                               
because   the   amendment   would    make   all   felony   crimes                                                               
disqualifiers; therefore, it  would not matter what  a felony was                                                               
for; it would always be a  disqualifier.  He said this would make                                                               
the   language   consistent   with  other   public   safety   job                                                               
classifications.   He explained  that the amendment  would delete                                                               
more  language on  page  8, because  of the  change  to make  all                                                               
felonies disqualifiers.  He said  that the amendment would insert                                                               
a definition for "good moral  character", which would be the same                                                               
definition as is in statute currently.                                                                                          
                                                                                                                                
1:24:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 4.   There being no  further objection, Amendment                                                               
4 was adopted.                                                                                                                  
                                                                                                                                
1:24:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  5, labeled  31-                                                               
LS1486\O.4, Radford, 3/19/20, which read as follows:                                                                            
                                                                                                                                
     Page 8, line 11, following "conviction":                                                                                   
        Insert ", the conviction was not for an offense                                                                         
         against an intimate partner, spouse, child, or                                                                         
     parent,"                                                                                                                   
                                                                                                                                
1:24:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
1:24:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP,   referencing  page   8  of   the  proposed                                                               
legislation, stated  that Amendment 5 would  specifically address                                                               
crimes of  domestic violence  pertaining to  VPSO qualifications.                                                               
He said that  what was heard in testimony from  the Department of                                                               
Public  Safety  (DPS)  is  that it  has  had  challenges  getting                                                               
waivers for crimes  of domestic violence, as well  as a challenge                                                               
in  making  a  complete  exclusion for  all  crimes  of  domestic                                                               
violence.  He  pointed out that currently  under DPS regulations,                                                               
an individual who  has not had a domestic violation  for 10 years                                                               
is eligible  to be considered.   He  said DPS had  commented that                                                               
depending  on what  the  domestic violence  crime  was, it  could                                                               
sometimes get a waiver and other  times could not, which has been                                                               
a challenge.  A waiver cannot  be acquired if a domestic violence                                                               
conviction  is against  an intimate  partner,  spouse, child,  or                                                               
parent,  but  can  be  for   some  other  exceptions;  therefore,                                                               
Amendment 5 would  simply clarify the range  of domestic violence                                                               
convictions that would be disqualifiers.                                                                                        
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 5.   There being no  further objection, Amendment                                                               
5 was adopted.                                                                                                                  
                                                                                                                                
1:26:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  6, labeled  31-                                                               
LS1486\O.12, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 5, line 11:                                                                                                           
          Following "funding":                                                                                                  
          Insert ", depending on the funds awarded,"                                                                            
          Following "for":                                                                                                      
     Insert "at least"                                                                                                          
                                                                                                                                
1:26:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KOPP stated that Amendment  6 would make clear the                                                               
legislative intent  to provide  funding for one  or more  VPSO in                                                               
each village, depending  on the funds awarded.   Referencing page                                                               
5  of the  proposed legislation,  he explained  that there  was a                                                               
question about  "an award of  grant funding must provide  for one                                                               
village  public   safety  officer  for  each   village"  followed                                                               
directly below by  language that read that a  grant recipient may                                                               
assign more than  one VPSO to a  village.  He said  that this was                                                               
an oversight in  drafting, and he wants to make  it clear that if                                                               
the  funds exist,  a village  could get  more than  one VPSO,  if                                                               
needed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 6.   There being no  further objection, Amendment                                                               
6 was adopted.                                                                                                                  
                                                                                                                                
1:27:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE moved  to  adopt Amendment  7, labeled  31-                                                               
LS1486\O.9, Radford, 3/19/20, which read as follows:                                                                            
                                                                                                                                
     Page 6, line 20:                                                                                                           
          Delete "35"                                                                                                           
     Insert "30"                                                                                                                
                                                                                                                                
1:28:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  VANCE,   referencing  page  6  of   the  proposed                                                               
legislation,  stated  that  Amendment  7 would  delete  "35"  and                                                               
insert "30", in order to strive toward more efficiency.                                                                         
                                                                                                                                
1:28:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP stated that he  would oppose Amendment 7.  He                                                               
explained that  the organizations currently involved  as grantees                                                               
with  the  VPSO program  are  delivering  a state  public  safety                                                               
service.   He  remarked that  government organizations  and their                                                               
indirect costs  are absorbed by the  state.  He explained  that a                                                               
trooper  costs   the  state   $200,000  annually,   which  covers                                                               
Information Technology (IT), Human  Resources (HR), the Office of                                                               
Professional Standards, and the entire  support team to keep that                                                               
trooper in rural Alaska.  He said  that a VPSO is paid $25 hourly                                                               
through  the  grantees,  and  the   grantees  assume  the  entire                                                               
function  of  supporting  the  VPSOs.    He  commented  that  the                                                               
Association of  Village Council Presidents  has an  indirect rate                                                               
that is  considerably higher than  the 35 percent  proposed under                                                               
HB 287, at 41.7 percent; this is  what it costs to support a VPSO                                                               
outside of  the direct  labor cost.   He  stated that  the Copper                                                               
River Native  Association, which  is a  partner in  this program,                                                               
has an  indirect rate of 39.6  percent, and others have  rates at                                                               
or above  the proposed  35 percent.   He  remarked that  it seems                                                               
like  setting  the  indirect  rate  at  30  percent  would  be  a                                                               
significant hardship  on these organizations.   He commented that                                                               
part  of the  Working  Group's findings,  which were  unanimously                                                               
adopted by  members of the Senate  and the House, was  that there                                                               
is a  significantly unfunded  mandate that  is limiting  the VPSO                                                               
program's  effectiveness.     He  explained  that   the  proposed                                                               
legislation would not provide for  more money but would allow for                                                               
money to  be moved  around based  on public  safety needs  in the                                                               
appropriation  that is  received.   He  pointed  out that  public                                                               
safety needs vary from region to  region.  He summarized that for                                                               
these  reasons, and  to  not "handcuff"  the  grantees, he  would                                                               
oppose Amendment 7.                                                                                                             
                                                                                                                                
REPRESENTATIVE  VANCE  remarked that  she  wants  to ensure  that                                                               
money will  be put directly into  the "hands of the  boots on the                                                               
ground"  and  to  try  and  find more  efficiencies  in  the  way                                                               
business is conducted.   She expressed that she does  not want to                                                               
limit the  grantees but  wants to  find creative  and responsible                                                               
ways to  use the funds and  ensure that the VPSOs  themselves are                                                               
getting  the  funding  needed.     She  said  that  the  proposed                                                               
amendment was  an effort  to continue  to create  a goal  for the                                                               
grantees to reach,  not to prohibit them from using  the funds in                                                               
the way that they see necessary.                                                                                                
                                                                                                                                
1:31:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 7.                                                                                                              
                                                                                                                                
1:31:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP objected to the motion to adopt Amendment 7.                                                                
                                                                                                                                
A roll call vote was taken.   Representative Vance voted in favor                                                               
of  the  motion  to  adopt Amendment  7,  labeled  31-LS1486\O.9,                                                               
Radford,  3/19/20.   Representatives  Kopp,  Drummond, Shaw,  and                                                               
Claman  voted against  it.   Therefore, Amendment  7 failed  by a                                                               
vote of 1-4.                                                                                                                    
                                                                                                                                
1:32:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE moved  to  adopt Amendment  8, labeled  31-                                                               
LS1486\O.11, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 14, following line 12:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(5)  assisting the Department of Public                                                                         
     Safety with felony investigations;"                                                                                        
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
1:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  VANCE,  referencing  page   14  of  the  proposed                                                               
legislation, stated  that she  wanted to  provide clarity  to the                                                               
language  "conducting investigations"  by  adding "(5)  assisting                                                               
the  Department of  Public  Safety  with felony  investigations".                                                               
She said that not all VPSOs  are fully trained in areas that they                                                               
would be  assisting DPS in  investigations.  She said  that there                                                               
are  obviously  times  when  troopers  are not  able  to  get  to                                                               
villages in a  timely fashion, and a VPSO would  be able to start                                                               
an investigation  so that the  community would not have  to wait,                                                               
but it  would be under the  consultation of the troopers  and DPS                                                               
via telephone, email, or whatever means necessary.                                                                              
                                                                                                                                
1:34:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP remarked that  he would not support Amendment                                                               
8.   He said  that he appreciated  what Representative  Vance was                                                               
pointing  out,  but  said  that   on  page  13  of  the  proposed                                                               
legislation, it read "powers and  duties of village public safety                                                               
officers", and this  makes it clear that  an individual certified                                                               
under the training requirements has  the power of a peace officer                                                               
of the state or a municipality,  and is charged with doing all of                                                               
those things  pertaining to:   protection  of life  and property,                                                               
provision  of  emergency  medical services,  search  and  rescue,                                                               
probation  and parole,  conducting investigations,  and enforcing                                                               
the criminal laws  of the state or municipality.   He stated that                                                               
these things  are already  listed in the  entirety of  what VPSOs                                                               
do, and he said that Representative  Vance was right to point out                                                               
that they  assist DPS with  felony investigations.   He clarified                                                               
that VPSOs  are often  on a  scene upwards of  two days  before a                                                               
trooper  can arrive  in major  felony crimes,  whether it  be for                                                               
child  abduction,  murder  cases,   other  homicides,  or  sexual                                                               
assaults.   He said  that testimony had  been heard  pointing out                                                               
that the  conviction rate  is much higher  because the  VPSOs are                                                               
there.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KOPP  said that Representative Vance  made a point                                                               
in  asking whether  the VPSOs  would be  performing these  duties                                                               
when they are  not trained, and he said that  the reason there is                                                               
a 24-month plan for certification is  because there is a limit on                                                               
what the  VPSOs can do until  they are trained and  have the full                                                               
complement  of hours,  in order  to  make sure  they have  sexual                                                               
assault  and death  investigation  trainings.   He  said that  he                                                               
thinks it  is superfluous  to the  proposed legislation  that the                                                               
VPSOs do these things, but he  does not want to add language that                                                               
would  indicate that  they  would not  be  authorized to  perform                                                               
these activities without  a trooper, if they are  in fact trained                                                               
to do that activity.  He  stated that the rewrite of the proposed                                                               
legislation  is  structured  so  that the  VPSOs  will  have  the                                                               
training and the authority to do so.                                                                                            
                                                                                                                                
1:36:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  maintained her  objection to  the motion                                                               
to adopt Amendment 8.                                                                                                           
                                                                                                                                
1:36:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE stated that the  reason she wants clarity is                                                               
because when she  read through the proposed  legislation, she did                                                               
not see  clarity as  to the  defined roles  and responsibilities,                                                               
whereas the bill  sponsor has an understanding of  what the VPSOs                                                               
have been  doing.  She  said what  is clearly defined  in statute                                                               
will be how  DPS and the VPSOs  can move forward.   She said that                                                               
she wanted to ensure that everything  is very clear so that there                                                               
would not be a gray area, and  the purpose of Amendment 8 was "so                                                               
that  they aren't  doing things  that could  get them  in trouble                                                               
through litigation in the future."                                                                                              
                                                                                                                                
1:37:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SHAW   remarked   that  he   understands   where                                                               
Representative  Vance   was  going  with  Amendment   8,  in  the                                                               
assistance  of DPS  in felony  investigations, but  he said  that                                                               
having taught  at the academy  and taught  VPSOs, they do  have a                                                               
level of  training that  meets the minimums,  and within  the 24-                                                               
month period will probably exceed  the minimums in many respects,                                                               
and they  have enough training  to take up  felony investigations                                                               
by themselves.   He said that  the VPSOs will always  be there to                                                               
assist, but as Representative Kopp  highlighted, they do not have                                                               
the advantage of  a trooper onsite all the time,  thus VPSOs will                                                               
have  to  take  the  initial   response  to  a  potential  felony                                                               
investigation.  He expressed that  he appreciates following up to                                                               
ensure   that  all   of  the   bases  are   covered.     He  said                                                               
Representative Kopp had made a  good point relative to the amount                                                               
of  training and  the amount  of time  that it  takes to  get the                                                               
training,  as  well  as  the   justification  for  taking  on  an                                                               
investigation individually.                                                                                                     
                                                                                                                                
1:38:56 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Shaw,  and Vance                                                               
voted in favor of the motion to adopt Amendment 8, labeled 31-                                                                  
LS1486\O.11, Radford,  3/19/20.  Representatives  Kopp, Drummond,                                                               
and Claman voted against it.   Therefore, Amendment 8 failed by a                                                               
vote of 2-3.                                                                                                                    
                                                                                                                                
1:39:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE moved  to  adopt Amendment  9, labeled  31-                                                               
LS1486\O.8, Radford, 3/19/20, which read as follows:                                                                            
                                                                                                                                
     Page 4, line 28, following "funding.":                                                                                     
         Insert "If the grant recipient is a federally                                                                          
      recognized tribe, the grant agreement must include a                                                                      
     limited  waiver of  sovereign immunity  to allow  civil                                                                    
     actions against  the tribe arising  out of  the conduct                                                                    
     of  a  village  public  safety  officer  hired  by  the                                                                    
     tribe."                                                                                                                    
                                                                                                                                
1:39:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  VANCE stated  that  the reason  she was  bringing                                                               
this forward  was not in any  way to diminish the  sovereignty of                                                               
tribes, but  to allow  the public  a process  of bringing  a case                                                               
forward  in the  case of  misconduct by  a VPSO.   She  said that                                                               
there have  been cases in  the state  in which an  individual was                                                               
bringing litigation  over alleged misconduct, and  the court said                                                               
that [the person  being accused of misconduct] could  not be sued                                                               
because he/she had  sovereign immunity.  She  expressed that from                                                               
the perspective of  the person seeking justice,  she thinks there                                                               
needs to be an avenue available.                                                                                                
                                                                                                                                
1:41:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  remarked that  Amendment 9 was  moot because                                                               
the  reference to  federally recognized  tribes had  been removed                                                               
previously; therefore,  the grantees  are all nonprofits,  and it                                                               
is a trilateral  partnership between the state, a  village, and a                                                               
nonprofit corporation, which  is in fact a tribe  that has formed                                                               
a nonprofit.   He said  that every  agreement now with  a grantee                                                               
requires these waivers, and there  is no functioning VPSO program                                                               
currently operating  without a  waiver.   He stated  that putting                                                               
this into  statute does not  help, as  it is already  required by                                                               
the  state.   He  summarized  that for  these  reasons he  thinks                                                               
Amendment 9 is moot.                                                                                                            
                                                                                                                                
REPRESENTATIVE VANCE  asked where  it is  defined that  the state                                                               
requires this in  the agreement for hiring VPSOs.   She asked how                                                               
there is  an existing  case in  which a  judge said,  "Sorry they                                                               
have sovereign immunity," if this agreement already exists.                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  answered that  it  is  true that  a  tribal                                                               
government would  have sovereign immunity; however,  no sovereign                                                               
immunity  is  limitless.   He  said  that  the way  the  proposed                                                               
legislation  is  structured,  and   the  way  the  reference  was                                                               
removed, the  committee is not  dealing with a  tribal government                                                               
alone, in the context of CSHB  287(TRB), as amended.  He remarked                                                               
that he thinks Representative Vance's  question is whether he can                                                               
point to  a specific statute or  regulation, and he said  that he                                                               
could not.   He said that  his team member used  to supervise the                                                               
VPSO  program  in  Southeast  Alaska,  and  he  would  refer  the                                                               
question to him.                                                                                                                
                                                                                                                                
1:43:04 PM                                                                                                                    
                                                                                                                                
KEN  TRUITT,  Staff,  Representative  Chuck  Kopp,  Alaska  State                                                               
Legislature, answered  questions pertaining to HB  287, on behalf                                                               
of  Representative Kopp,  prime  sponsor,  offered the  following                                                               
explanation:                                                                                                                    
                                                                                                                                
     It's  a policy  that the  Department of  Law has;  it's                                                                    
     internal  to their  ... workings,  so  that's where  it                                                                    
     resides and that's  where these originate from.   And I                                                                    
     can  tell you,  from  having reviewed  them and  having                                                                    
     signed some  of them, most  of the tribes  don't really                                                                    
     like them; they're very much over broad.                                                                                   
                                                                                                                                
MR. TRUITT related  that in other states where  there are similar                                                               
types  of  agreements between  the  state  government and  tribal                                                               
governments, there is  no requirement for this type  of waiver of                                                               
a tribe's sovereign  immunity.  He expressed that  this is always                                                               
a bit  of a "rub"  with tribal governments  in Alaska, but  it is                                                               
the condition things are in; "it  already happens."  He said that                                                               
he  is  not  certain  to  which  case  Representative  Vance  had                                                               
referred.  He  said Representative Kopp is correct  in that every                                                               
grantee currently executes a waiver  in the grant award agreement                                                               
with DPS, "and without it being in statute."                                                                                    
                                                                                                                                
1:44:26 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN referenced  the notion  presented earlier  that the                                                               
Municipality  of Anchorage  would  be  allowed to  be  sued if  a                                                               
police  officer acting  beyond his/her  duties committed  a crime                                                               
against  an  individual  that  would   make  him/her  subject  to                                                               
criminal penalties.   He  commented that he  did not  think there                                                               
would be any  hesitation to say that  sovereign immunity protects                                                               
the  Municipality   of  Anchorage,  and  that   unless  egregious                                                               
misconduct and  gross negligence could  be shown, like  hiring an                                                               
individual  even if  it was  known  that he/she  had three  prior                                                               
sexual assaults,  the city could not  be sued in civil  court for                                                               
having hired  the officer.  He  said that the notion  that Native                                                               
nonprofit  organizations  should  get   into  the  public  safety                                                               
business with  the state, but  they could  be sued civilly  if an                                                               
employee  makes an  error  on  the job,  would  be treating  them                                                               
differently from  other sovereigns  in the same  world.   He said                                                               
that  he finds  it  interesting  that the  Department  of Law  is                                                               
nevertheless requiring  that they sign  just such a  waiver, even                                                               
though it  could never  get the Municipality  of Anchorage  to do                                                               
the same thing.   He expressed that the  interesting issue raised                                                               
by Representative  Kopp is  whether Amendment 9  is needed  if no                                                               
federally recognized tribes are eligible.                                                                                       
                                                                                                                                
1:46:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE withdrew her motion to adopt Amendment 9.                                                                  
                                                                                                                                
1:46:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE moved  to adopt  Amendment 10,  labeled 31-                                                               
LS1486\O.10, Radford, 3/19/20, which read as follows:                                                                           
                                                                                                                                
     Page 10, lines 13 - 29:                                                                                                    
          Delete all material and insert:                                                                                       
          "Sec. 18.65.676. Training. (a) A village public                                                                     
     safety  officer must  successfully complete  the Public                                                                    
     Safety Training  Academy provided by the  Department of                                                                    
     Public  Safety  and  a   basic  training  program.  The                                                                    
     program must include                                                                                                       
               (1)  rural fire protection training approved                                                                     
     by the Department of Public Safety;                                                                                        
               (2)  emergency trauma technician training                                                                        
        approved by the Department of Public Safety and                                                                         
       provided by an entity other than the Department of                                                                       
     Public Safety; and                                                                                                         
               (3)  search and rescue training."                                                                                
                                                                                                                                
     Page 11, line 22, following "requirements":                                                                                
        Insert "established by the Department of Public                                                                         
     Safety"                                                                                                                    
                                                                                                                                
1:46:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  VANCE,  referencing  page   10  of  the  proposed                                                               
legislation,  stated that  Amendment 10  would get  the VPSOs  to                                                               
successfully  complete the  Public Safety  Training Academy,  and                                                               
would  include rural  fire protection  training approved  by DPS,                                                               
emergency  trauma  technician  training, and  search  and  rescue                                                               
training,  and  an   annual  firearm  qualifications  requirement                                                               
established by DPS.   She said that the  proposed amendment would                                                               
provide clarity  on the training in  line with the goal  of VPSOs                                                               
being part of the academy.                                                                                                      
                                                                                                                                
1:47:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP commented  that he opposed Amendment  10.  He                                                               
said that it goes diametrically  in the opposite direction of the                                                               
intent  of the  proposed legislation  to provide  specificity and                                                               
remove points of contention.  As  an example, he said that a full                                                               
program currently  is 826 hours  of instruction.  The  main block                                                               
of 650  hours is  Alaska criminal procedural  law, and  there are                                                               
additional  VPSO-specific instructions,  as noted  on page  10 of                                                               
the   proposed  legislation,   pertaining  to   emergency  trauma                                                               
technician training,  search and rescue training,  and rural fire                                                               
protection specialist  training.  He  said that this  program, if                                                               
not  under statute  and left  solely  to the  discretion of  DPS,                                                               
could be  reduced to only  a couple  of hundred hours,  which did                                                               
occur  at some  point when  there was  an attempt  to shelve  the                                                               
program.    He remarked  that  this  resulted in  very  untrained                                                               
people  being  put  into even  more  dangerous  situations,  with                                                               
basically only  a 240-hour training requirement;  whereas what is                                                               
listed under the proposed legislation  is what happens currently,                                                               
and it is made clear that  in addition to elevating this group of                                                               
public safety partners that are  providing a service to the State                                                               
of Alaska, it also gets at  recruitment and retention of having a                                                               
well-defined  training schedule  in statute.   He  expressed that                                                               
Amendment 10 would basically say  that the requirement is subject                                                               
to what  DPS says  it should  be, which  could result  in another                                                               
commissioner saying  that "you get  a 100-hour academy,  and then                                                               
that's only enough  to maybe train you to do  search and rescue,"                                                               
and he  said that  this would  be a way  of defeating  the entire                                                               
purpose of CSHB 287(TRB), as amended.                                                                                           
                                                                                                                                
1:50:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  maintained her  objection to  the motion                                                               
to adopt Amendment 10.                                                                                                          
                                                                                                                                
1:50:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE withdrew her motion to adopt Amendment 10.                                                                 
                                                                                                                                
REPRESENTATIVE VANCE  thanked Representative Kopp  for clarifying                                                               
this topic  for the  record, and she  expressed that  she thought                                                               
the legislative intent  to increase the training  and capacity of                                                               
the VPSOs  needed to be  clearly explained  for the record.   She                                                               
said that it  should be known that it is  desired for the program                                                               
to succeed  and be equipped  to fulfill a  job that is  needed in                                                               
the villages.                                                                                                                   
                                                                                                                                
1:51:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  stated that there  were no more amendments  to CSHB
287(TRB),  as amended,  and  this was  the  last opportunity  for                                                               
members of the committee to comment on the proposed legislation.                                                                
                                                                                                                                
1:51:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE, referencing  pages 6 and 7  of the proposed                                                               
legislation, remarked  that there were  a lot of specifics  as to                                                               
what government-to-government interactions  should look like, and                                                               
she  asked  Representative Kopp  why  what  seems to  be  "intent                                                               
language" was put  into CSHB 287(TRB), as amended,  when it seems                                                               
to her  that it  should have  been included  in a  different bill                                                               
that dealt with intergovernmental relations with tribes.                                                                        
                                                                                                                                
1:52:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP answered that  the structured relationship is                                                               
a  standard   consulting  relationship  with  which   all  tribal                                                               
grantees, which act  as regional nonprofits, currently  work.  He                                                               
explained that  this is not  a new concept, and  "they understand                                                               
what  it means."   He  said that  the previous  two gubernatorial                                                               
administrations have asked the state  department heads to consult                                                               
in this way,  which prevents a radical change  to requirements to                                                               
be  a VPSO  or  a  structural upheaval  to  the program,  without                                                               
talking to  the grantees first.   He stated that  the government-                                                               
to-government consultation  process is  how the state  deals with                                                               
tribes  currently,  and  the proposed  legislation  would  simply                                                               
dictate that  the current protocol  be followed before  any large                                                               
changes would  be made to the  VPSO program.  He  added that this                                                               
process is used  in other programs that  are partnerships between                                                               
the state and tribes.                                                                                                           
                                                                                                                                
1:54:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  commented  that  Representative  Vance  had                                                               
looked through  the proposed legislation  in depth, while  he had                                                               
taken a lot of things for  granted when he looked at the proposed                                                               
legislation, as he had been a  part of the program at the academy                                                               
for  many   years.     He  stated  that   he  knows   how  deeply                                                               
Representative Kopp  understands the  value of the  VPSO program,                                                               
as he "put him through the  academy."  He highlighted that seeing                                                               
Representative   Vance's   thorough   review  of   the   proposed                                                               
legislation "was  pretty nice to  see."   He said that  he didn't                                                               
want to go against every one  of her amendments, which was why he                                                               
had supported her on [Amendment 8],  as she had put the time into                                                               
looking through the proposed legislation.                                                                                       
                                                                                                                                
1:55:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND stated  that she has served  on the House                                                               
Community  and  Regional  Affairs Standing  Committee  since  her                                                               
"freshmen" year  in 2013,  and she said  that that  committee has                                                               
the good  fortune of  being the budget  subcommittee for  DPS, as                                                               
well as DOC.   She expressed that she has  heard continuously for                                                               
eight years  about the  shambles that the  VPSO program  has been                                                               
in, and she  said that CSHB 287(TRB), as  amended, is desperately                                                               
needed.  She expressed that she  is pleased that the bill sponsor                                                               
has  provided the  proposed legislation  to guide  the state  and                                                               
achieve better public safety in  as many communities as possible.                                                               
She stated that  she is happy to be helping  to move the proposed                                                               
legislation forward.                                                                                                            
                                                                                                                                
1:56:16 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  in response  to  a  question from  Representative                                                               
Vance,  stated  that the  committee's  intent  was to  move  CSHB
287(TRB),  as  amended, from  committee  that  day, and  if  more                                                               
discussion  was necessary,  then  the  committee could  reconvene                                                               
later in the day.                                                                                                               
                                                                                                                                
1:57:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE remarked  that she  has a  lot of  concerns                                                               
about  the proposed  legislation, as  she likes  things to  be as                                                               
clear  as  possible  when  put  into  statute  so  that  everyone                                                               
involved   will    know   what    their   roles,    duties,   and                                                               
responsibilities  are.    She  said   that  because  this  is  so                                                               
important,  she wants  to ensure  that all  parties involved  are                                                               
safeguarded.   She  expressed that  she appreciates  some of  the                                                               
amendments and changes to CSHB  287(TRB), as amended, in the many                                                               
times it  had been "worked over."   She said that  she knows that                                                               
the proposed legislation  will not be perfect but  added that she                                                               
was still cautious because she  would rather work on the solution                                                               
for true  healing, not just  a "band-aid."   She stated  that she                                                               
would like to  partner on the long-term goals, in  the hopes that                                                               
they would  not have to  be considered  long term anymore  but be                                                               
accomplished in the short term.   She said that she looks forward                                                               
to further  conversations on the  proposed legislation  and hopes                                                               
that the village  needs for public safety can  be achieved sooner                                                               
than later.                                                                                                                     
                                                                                                                                
1:58:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP thanked Representative  Vance.  He added that                                                               
the  proposed  legislation was  going  to  the finance  committee                                                               
next, where he is sure that it will be "further massaged."                                                                      
                                                                                                                                
1:58:17 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that the  delivery of rural public  safety in                                                               
Alaska is  a challenge and  commitment that everyone  believes in                                                               
and shares.  He expressed that there  is a lot of work to do, and                                                               
CSHB 287(TRB), as amended, would be  a step forward but would not                                                               
solve all the problems.   He commented that he and Representative                                                               
Vance sit  next to each  other on the  House floor and  have more                                                               
engaged  discussion every  day,  and  he said  that  she is  very                                                               
passionate about  improving rural public  safety, as "all  of us"                                                               
are.   He summarized  that he thinks  CSHB 287(TRB),  as amended,                                                               
would be a  positive step, he supports  the proposed legislation,                                                               
and  he acknowledged  there will  be further  work to  do on  the                                                               
issue.                                                                                                                          
                                                                                                                                
1:59:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  moved  to   report  CSHB  287(TRB),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
287(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:00:19 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:00 p.m.                                                                 

Document Name Date/Time Subjects
Violent Crime Compensation Board Appointment - Greg Bringhurst Resume 3.20.2020.pdf HJUD 3/20/2020 1:00:00 PM
Violent Crime Compensation Board Appointment - Richard Payne Application 3.20.2020.pdf HJUD 3/20/2020 1:00:00 PM
HB 287 v. O 3.11.2020.PDF HJUD 3/11/2020 1:00:00 PM
HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Sponsor Statement v. K 3.3.2020.pdf HJUD 3/11/2020 1:00:00 PM
HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HTRB 3/3/2020 8:00:00 AM
HTRB 3/5/2020 8:00:00 AM
HB 287
HB 287 Sectional Analysis v. O 3.11.2020.pdf HJUD 3/11/2020 1:00:00 PM
HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 PowerPoint Presentation HJUD (Updated) 3.13.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Additional Document - DPS Recommendations and Considerations 3.4.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Additional Document - VPSO Co-Chairs Response to DPS Recommendations and Considerations 3.12.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Additional Document - Memo From Rep. Kopp on Definition of “Indirect Cost” and “Indirect Cost Rate” 3.19.2020.pdf HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Fiscal Note DPS-ALET 3.2.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Fiscal Note DCCED-DCRA 3.6.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Fiscal Note DPS-CJISP 3.2.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 Fiscal Note DPS-VPSO 3.1.2020.pdf HJUD 3/13/2020 1:00:00 PM
HJUD 3/16/2020 1:00:00 PM
HJUD 3/18/2020 1:00:00 PM
HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 v. O Amendments #1-10 HJUD 3.20.2020.pdf HJUD 3/20/2020 1:00:00 PM
HB 287
HB 287 v. O Amendments #1-10 HJUD Final Votes 3.20.2020.pdf HJUD 3/20/2020 1:00:00 PM
HB 287