Legislature(2021 - 2022)BELTZ 105 (TSBldg)

05/18/2021 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 46 LAW ENFORCEMENT: REGISTRY; USE OF FORCE TELECONFERENCED
Moved CSSB 46(CRA) Out of Committee
-- Testimony <Invitation Only> --
+= SB 136 LIMITATIONS ON FIREARMS RESTRICTIONS TELECONFERENCED
Moved CSSB 136(CRA) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 46-LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                      
                                                                                                                                
3:44:10 PM                                                                                                                    
CHAIR   HUGHES  reconvened   the   meeting   and  announced   the                                                               
consideration  of SENATE  BILL NO.  46, "An  Act relating  to the                                                               
Alaska   Police   Standards   Council;  relating   to   municipal                                                               
correctional  officers  and   municipal  correctional  employees;                                                               
making  municipal police  officers subject  to police  standards;                                                               
establishing a statewide use-of-force  database in the Department                                                               
of Public Safety; requiring a  municipality that employs a person                                                               
as  a municipal  police officer  or in  a municipal  correctional                                                               
facility,  the Department  of Corrections,  or the  Department of                                                               
Public Safety to  report for inclusion in  the database incidents                                                               
of  use  of  force  by state  and  municipal  police,  probation,                                                               
parole,  and  correctional  officers and  municipal  correctional                                                               
facility employees; and providing for an effective date."                                                                       
                                                                                                                                
She noted the proposed committee substitute (CS).                                                                               
                                                                                                                                
3:44:40 PM                                                                                                                    
SENATOR MYERS  moved to adopt  the committee substitute  (CS) for                                                               
SB 46, work order 32-LS0366\I, as the working document.                                                                         
                                                                                                                                
3:44:53 PM                                                                                                                    
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:45:03 PM                                                                                                                    
DAWSON  MANN,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature,  Juneau, Alaska,  read the  summary of  changes from                                                               
version A to version I for SB 46. The document read as follows:                                                                 
                                                                                                                                
     Title Changes: The following has  been removed from the                                                                  
     title in order to conform to changes.                                                                                      
                                                                                                                                
     •    "Establishing  a  statewide use-of-force  database                                                                    
     in  the  Department  of   Public  Safety;  requiring  a                                                                    
     municipality  that  employs  a person  as  a  municipal                                                                    
     police   officer  or   in   a  municipal   correctional                                                                    
     facility,  the   Department  of  Corrections,   or  the                                                                    
     Department of Public Safety to  report for inclusion in                                                                    
     the database  incidents of  use of  force by  state and                                                                    
     municipal police,  probation, parole,  and correctional                                                                    
     officers    and    municipal   correctional    facility                                                                    
     employees; and providing for an effective date."                                                                           
                                                                                                                                
     Title  Changes: The  following has  been  added to  the                                                                  
     title in order to conform to changes.                                                                                      
                                                                                                                                
     •    "Requiring  the  Department  of Public  Safety  to                                                                    
     submit   a   yearly    use-of-force   report   to   the                                                                    
     legislature;  requiring a  municipality that  employs a                                                                    
     person as a municipal police  officer or in a municipal                                                                    
     correctional facility,  the Department  of Corrections,                                                                    
     or the  Department of  Public safety  to report  to the                                                                    
     Federal  Bureau of  Investigation incidents  of use  of                                                                    
     force  by   state  and  municipal   police,  probation,                                                                    
     parole,   and  correctional   officers  and   municipal                                                                    
     correctional facility  employees; and providing  for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
     Sec.  1    AS 18.65.220  Page  1, Lines  11-12, Page  2                                                                
     Lines 1-21                                                                                                             
     This  section  is amended  to  state  that the  council                                                                    
     shall make recommendations regarding  reports of use of                                                                    
     force which may be adopted as regulations.                                                                                 
                                                                                                                                
     This  section  is  also amended  to  require  that  the                                                                    
     central registry of information  include the reason for                                                                    
     denial or revocation of an officer's certificate.                                                                          
                                                                                                                                
     Sec. 6  AS 29.71 Page 3, Lines 18-22                                                                                   
     This section  is amended to  require a  municipality to                                                                    
     submit reports  of use of  force by  municipal officers                                                                    
     and  correctional employees  to the  Federal Bureau  of                                                                    
     Investigation.                                                                                                             
                                                                                                                                
     Sec. 7  AS 44.28.020 Page 3, Lines 23-26                                                                               
     This section  is amended to  require the  Department of                                                                    
     Corrections  to  submit  reports  of use  of  force  by                                                                    
     probation officers,  parole officers,  and correctional                                                                    
     officers to the Federal Bureau of Investigation.                                                                           
                                                                                                                                
     Sec. 8  AS 44.41.020 Page 3, Lines 27-30                                                                               
     This section  is amended to  require the  Department of                                                                    
     Public  Safety to  submit reports  of use  of force  by                                                                    
     state  troopers, village  public  safety officers,  and                                                                    
     regional public  safety officers to the  Federal Bureau                                                                    
     of Investigation.                                                                                                          
                                                                                                                                
     Sec. 9    AS 44.41.055 Page  3, Line 31, Page  4, Lines                                                                
     1-6                                                                                                                    
     This  section   is  amended  to  remove   the  original                                                                    
     statewide use  of force data  base and  instead require                                                                    
     the  Department of  Public Safety  to submit  an annual                                                                    
     report  to the  legislature  based  on the  information                                                                    
     contained in the  use of force reports  provided by the                                                                    
     Department   of  Public   Safety,  the   Department  of                                                                    
     Corrections, and  municipalities to the  Federal Bureau                                                                    
     of Investigation database.                                                                                                 
                                                                                                                                
     Sec. 15 Page 4, Line 29                                                                                                
       This is amended to establish the effective date as                                                                       
           st                                                                                                                   
     July 1, 2022.                                                                                                              
                                                                                                                                
3:45:57 PM                                                                                                                    
SENATOR WILSON joined the committee meeting.                                                                                    
                                                                                                                                
3:47:15 PM                                                                                                                    
SENATOR GRAY-JACKSON asked to hear  what the Department of Public                                                               
Safety thinks about the changes.                                                                                                
                                                                                                                                
3:47:37 PM                                                                                                                    
CHAIR   HUGHES  removed   her  objection.   Finding  no   further                                                               
objection, version I was adopted.                                                                                               
                                                                                                                                
CHAIR HUGHES explained  she had the CS drafted to  respond to the                                                               
Alaska Association of  Chiefs of Police letter  of objection. Out                                                               
of respect  for their  work statewide, she  wanted to  heed their                                                               
suggestions and provide  an opportunity over the  interim to work                                                               
through some  of the issues  with the sponsor. She  described the                                                               
CS as a softer approach.  The Police Standards Council would make                                                               
recommendations  rather than  requiring law  enforcement agencies                                                               
adopt  regulations.   Rather  than  the  department   creating  a                                                               
database,  the   CS  uses  the   existing  FBI  portal   for  law                                                               
enforcement agencies to  input data, including use  of force, but                                                               
with  modifications   that  Ms.  Monfreda  would   describe.  She                                                               
reiterated that the CS was a  work in progress but she would like                                                               
to move  the bill to the  State Affairs Committee where  the work                                                               
can  continue next  session and  after  the sponsor  has had  the                                                               
opportunity  to work  with the  Association of  Chiefs of  Police                                                               
over the interim.                                                                                                               
                                                                                                                                
She asked the sponsor if she had any comment.                                                                                   
                                                                                                                                
3:50:03 PM                                                                                                                    
SENATOR GRAY-JACKSON  thanked the chair  for her efforts  to move                                                               
the bill  forward and  for mentioning she  intended to  meet with                                                               
public  safety officers  statewide throughout  the summer  so her                                                               
suite of police reforms could move forward amicably.                                                                            
                                                                                                                                
3:51:06 PM                                                                                                                    
KATHRYN  MONFREDA, Director,  Statewide  Services, Department  of                                                               
Public  Safety  (DPS)  Department of  Public  Safety,  Anchorage,                                                               
Alaska, stated DPS currently is not  able to get reports from the                                                               
FBI database.  A solution is  to purchase a module  that includes                                                               
all  the data  elements currently  required  for the  FBI use  of                                                               
force database.  The module allows  reports to be pulled  and the                                                               
information to be submitted to the FBI.                                                                                         
                                                                                                                                
3:52:04 PM                                                                                                                    
SENATOR  GRAY-JACKSON asked  whether the  department had  funding                                                               
for the module.                                                                                                                 
                                                                                                                                
3:52:19 PM                                                                                                                    
MS. MONFREDA  answered the  department is  working to  identify a                                                               
funding source for the module.                                                                                                  
                                                                                                                                
CHAIR HUGHES asked the sponsor if she had an amendment to offer.                                                                
                                                                                                                                
3:52:55 PM                                                                                                                    
SENATOR GRAY-JACKSON  answered the amendment she  had intended to                                                               
offer   was  no   longer  relevant   because  of   the  committee                                                               
substitute.                                                                                                                     
                                                                                                                                
CHAIR HUGHES asked if she had any closing remarks.                                                                              
                                                                                                                                
SENATOR GRAY-JACKSON  stated SB 46 would  complement the database                                                               
the  Department  of Public  Safety  is  already using  by  adding                                                               
statistics  on use  of force  incidents.  She said  this bill  is                                                               
needed and she looks forward to it becoming state law.                                                                          
                                                                                                                                
3:53:41 PM                                                                                                                    
CHAIR HUGHES solicited the will of the committee.                                                                               
                                                                                                                                
3:53:52 PM                                                                                                                    
SENATOR  MYERS moved  to report  SB 46,  work order  32-LS0366\I,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
3:54:09 PM                                                                                                                    
CHAIR HUGHES  found no  objection and  CSSB 46(CRA)  was reported                                                               
from  the   Senate  Community   and  Regional   Affairs  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects