Legislature(2021 - 2022)BUTROVICH 205

02/17/2022 03:30 PM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 161 POLITICAL PARTY DEFINITION TELECONFERENCED
Heard & Held
*+ HB 157 APOC; REPORT REFERENDA/RECALL CONTRIBUTOR TELECONFERENCED
Scheduled but Not Heard
+= SB 115 ADDRESS CONFIDENTIALITY PROGRAM TELECONFERENCED
Scheduled but Not Heard
*+ SJR 20 URGE PASSAGE OF HEARING PROTECTION ACT TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 66 MEMBERS LEG COUNCIL; LEG BUDGET & AUDIT TELECONFERENCED
Moved CSSB 66(STA) Out of Committee
-- Public Testimony --
+= HB 148 ALASKA COORDINATE SYSTEM OF 2022 TELECONFERENCED
Moved HB 148 am Out of Committee
+ SB 81 VILLAGE PUBLIC SAFETY OFFICER GRANTS TELECONFERENCED
Moved CSSB 81(CRA) Out of Committee
-- Invited & Public Testimony --
Uniform Rule 23 Waived
**Streamed live on AKL.tv**
          SB  81-VILLAGE PUBLIC SAFETY OFFICER GRANTS                                                                       
                                                                                                                                
                 [Contains discussion of HB 123.]                                                                               
                                                                                                                                
4:09:17 PM                                                                                                                    
CHAIR   SHOWER  reconvened   the   meeting   and  announced   the                                                               
consideration of SENATE BILL NO.  81 "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."                                                                   
                                                                                                                                
4:09:38 PM                                                                                                                    
SENATOR DONALD OLSON, Alaska State Legislature, Juneau, Alaska,                                                                 
sponsor of SB 81, introduced the legislation paraphrasing the                                                                   
sponsor statement which read:                                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     This  bill has  been introduced  to implement  the nine                                                                    
     recommendations of  the joint legislative  VPSO Working                                                                    
     Group's report which was adopted on January 24, 2020.                                                                      
                                                                                                                                
     Created in  the late 1970's, the  Village Public Safety                                                                    
     Officer (VPSO)  program's stated  purpose is  to assist                                                                    
     in   the  protection   of  "life   and  property"   and                                                                    
     coordinate probation and parole in rural communities.                                                                      
                                                                                                                                
     Currently, ten  entities operate VPSO grants.  Eight of                                                                    
     the  ten   grantees  are  regionally   based  nonprofit                                                                    
     corporations  whose  missions  are to  cultivate  self-                                                                    
     determination  among local  tribal citizens.  One is  a                                                                    
     federally  recognized tribe,  and the  Northwest Arctic                                                                    
     Borough,  a home  rule  regional  government seated  in                                                                    
     Kotzebue, is  the only grantee  organization that  is a                                                                    
     municipal government.                                                                                                      
                                                                                                                                
     While the  VPSO program  has provided  valuable service                                                                    
     to  participating  areas,  the  past  decade  has  seen                                                                    
     shrinking numbers  of VPSOs, significant  difficulty in                                                                    
     recruitment  and retention  of officers,  and community                                                                    
     needs that  surpass the current duties  of VPSOs. There                                                                    
     is undoubtedly a  need to address the  crisis in public                                                                    
     safety infrastructure and service in rural Alaska.                                                                         
                                                                                                                                
     On May  9th, 2019,  Senate President Cathy  Giessel and                                                                    
     House Speaker Bryce Edgmon announced  the creation of a                                                                    
     Joint   House/Senate    Working   Group    to   provide                                                                    
     substantive policy recommendations  related to the VPSO                                                                    
     program.                                                                                                                   
                                                                                                                                
     Appointed  to the  working  group  were: Senator  Donny                                                                    
     Olson, Co-Chair;  Representative Chuck  Kopp, Co-Chair;                                                                    
     Senator    Click   Bishop;    Senator   Mike    Shower;                                                                    
     Representative Bryce Edgmon;  and Representative George                                                                    
     Rauscher.                                                                                                                  
                                                                                                                                
     The  working  group  was assigned  to  coordinate  with                                                                    
     stakeholders to  examine the  underlying causes  of the                                                                    
     recruitment   and   retention  obstacle   and   provide                                                                    
     proposals  to   turn  around   the  epidemic   rate  of                                                                    
     personnel turnover within the VPSO program.                                                                                
                                                                                                                                
     The  working group  held  meetings, attended  community                                                                    
     meetings,  participated  in   listening  sessions,  and                                                                    
     worked  with stakeholders  to arrive  at the  proposals                                                                    
     outlined  in  this   report.  The  proposals  primarily                                                                    
     address the  core problem of  increasing the  number of                                                                    
     VPSO's available to communities.                                                                                           
                                                                                                                                
     The bill  incorporates the  Working Group's  nine short                                                                    
     term recommendations:                                                                                                      
                                                                                                                                
[The sponsor's staff read the nine recommendations.]                                                                            
                                                                                                                                
SENATOR   OLSON  clarified   that   CSSB   81(CRA),  version   I,                                                               
incorporates eight  of the nine  short term  recommendations from                                                               
the   VPSO  working   group.   Recommendation   six  was   deemed                                                               
unnecessary  and  was  removed thanks  to  exemplary  cooperation                                                               
between  the  Department of  Public  Safety  (DPS) and  the  VPSO                                                               
coordinators.                                                                                                                   
                                                                                                                                
4:12:25 PM                                                                                                                    
BRIX   HAHN,   Staff,   Senator  Donald   Olson,   Alaska   State                                                               
Legislature, Juneau,  Alaska, stated that SB  81 implements eight                                                               
of the  nine recommendations from  the joint  legislative Village                                                               
Public  Safety  Officer  (VPSO) Working  Group  report  that  was                                                               
adopted January 24, 2020. She read the recommendations.                                                                         
                                                                                                                                
                                                                                                                                
     Recommendation 1.  Update the VPSO statutes  to provide                                                                  
     a clear  law enforcement  and public safety  vision and                                                                    
     mission  for the  program  and  provide VPSO  personnel                                                                    
     clear law enforcement duties and powers.                                                                                   
                                                                                                                                
     Recommendation  2.  Create more  financial  flexibility                                                                  
     for the VPSO grantee  organizations in the updated VPSO                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Recommendation 3.  Restore VPSO funding levels  to FY18                                                                  
     levels.                                                                                                                    
                                                                                                                                
     Recommendation 4. Fund unfunded mandates.                                                                                
                                                                                                                                
     Recommendation 5.  Related to  Recommendation 4,  in an                                                                  
     updated  VPSO statute,  mandate that  grant awards  pay                                                                    
     grantee organization their full indirect costs.                                                                            
                                                                                                                                
     Recommendation  6. Move  financial grant  management to                                                                  
     the  Department of  Commerce,  Community, and  Economic                                                                    
     Development.                                                                                                               
                                                                                                                                
MS.  HAWN highlighted  that the  previous  committee of  referral                                                               
removed   Recommendation  6   and  credited   the  good   working                                                               
relationship between  the Department  of Public Safety  (DPS) and                                                               
the VPSO coordinators.                                                                                                          
                                                                                                                                
     Recommendation   7.   Maintain  operational   advisory,                                                                  
     training, and  experience requirement oversight  at the                                                                    
     Department of Public Safety.                                                                                               
                                                                                                                                
     Recommendation  8. In  statute create  a Tribal/Grantee                                                                  
     organization    consultation    process   before    the                                                                    
     Department   can   change   training   and   experience                                                                    
     requirements.                                                                                                              
                                                                                                                                
     Recommendation  9.  Revised versions  (consistent  with                                                                  
     the  recommendations of  the Working  Group report)  of                                                                    
     current VPSO  regulations need to be  placed in statute                                                                    
     in  order to  operationalize  the VPSO  program and  to                                                                    
     facilitate   the  grant   management   moving  to   the                                                                    
     Department of Commerce.                                                                                                    
                                                                                                                                
4:14:15 PM                                                                                                                    
MS. HAHN reviewed the changes between version A and version I of                                                                
SB 81. She explained that version I maintains VPSO grant                                                                        
management   within  the   Department  of   Public  Safety.   All                                                               
references to the Department of  Commerce, Community and Economic                                                               
Development (DCCED)  were removed.  The change that  requires the                                                               
bill to  be renumbered starts with  Section 5. In version  A that                                                               
proposed  amending  DCCED's  enabling  statute to  add  the  VPSO                                                               
program  as a  grant it  had  the authority  to administer.  That                                                               
section was removed  and the remaining sections of  the bill were                                                               
renumbered.                                                                                                                     
                                                                                                                                
4:14:51 PM                                                                                                                    
MS. HAHN paraphrased the sectional analysis for SB 81.                                                                          
                                                                                                                                
     Section 1 (pages 1-3)                                                                                                    
     Amends   AS   12.62.400  regarding   criminal   history                                                                    
     background checks and adds VPSO  program personnel as a                                                                    
     program the  Department of Public Safety  is authorized                                                                    
     to secure  background checks via the  Federal Bureau of                                                                    
     Investigation.  The substantive  change occurs  on page                                                                    
     3, line 21.                                                                                                                
                                                                                                                                
     Section 2 (page 3)                                                                                                       
     Related to Section  1, Amends AS 18.65.080,  one of the                                                                    
     Department  of Public  Safety's enabling  statutes. The                                                                    
     amendment  requires  that  the  Department  secure  the                                                                    
     background checks for VPSO program personnel.                                                                              
                                                                                                                                
     Sections 1  and 2 implement Recommendation  2 regarding                                                                    
     creating  more financial  flexibility for  the program.                                                                    
     At one point the Department  of Public Safety (DPS) was                                                                    
     conducting background checks for  the VPSO program then                                                                    
     unilaterally  stopped   with  no  notice   the  grantee                                                                    
     organizations. Sections 1 and  2 together make it clear                                                                    
     that background checks are a  DPS function for the VPSO                                                                    
     program.                                                                                                                   
                                                                                                                                
     Section 3 (pages 4-7)                                                                                                    
     In  current  statute  the VPSO  program  has  only  one                                                                    
     statute,  AS 18.65.670.  Section 3  proposes to  repeal                                                                    
     and   reenact  the   statute  and   add  multiple   new                                                                    
     subsections.                                                                                                               
                                                                                                                                
          Subsection (a) has  been rewritten to conform                                                                         
          to  the current  Legislative Drafting  Manual                                                                         
          and  because a  new  statute  is proposed  in                                                                         
          Bill  Section 4,  AS 18.65.686,  that updates                                                                         
          VPSO duties and powers.                                                                                               
                                                                                                                                
          Subsection (b) is  identical to existing (b),                                                                         
          except the  last sentence of existing  (b) is                                                                         
          not included as it was deemed unnecessary.                                                                            
                                                                                                                                
          Subsection (c)  is new  and is  the statutory                                                                         
          codification  of  current DPS  regulation  13                                                                         
          AAC  96.020.  This implements  Recommendation                                                                         
          9.                                                                                                                    
                                                                                                                                
          Subsection (d)  is new  and is  the statutory                                                                         
          codification  of  current DPS  regulation  13                                                                         
          AAC  96.030  with  changes  that  remove  the                                                                         
          prohibition  of  existing  13  AAC  96.030(2)                                                                         
          that  prevents the  payment  of bonuses  from                                                                         
          other  non-VPSO grant  revenue sources.  Also                                                                         
          removed  is  the  requirement  that  grantees                                                                         
          indemnify the state.  These changes implement                                                                         
          Recommendations, 2, 4, and 9.                                                                                         
                                                                                                                                
          Subsection  (e) is  new  and  is the  partial                                                                         
          statutory   codification   of   current   DPS                                                                         
          regulations  13   AAC  96.040,  specifically,                                                                         
          (a)(2).  This  subsection  sets  the  overall                                                                         
          policy  that one  VPSO is  generally assigned                                                                         
          to   one    village   unless    the   grantee                                                                         
          organization    requests   additional    VPSO                                                                         
          personnel per village.  The changes reflect a                                                                         
          more  neutral and  less harsh  tone than  the                                                                         
          language from the regulation.                                                                                         
                                                                                                                                
          Subsection   (f)  is   new  and   allows  for                                                                         
          traveling or "roving"  VPSO personnel who are                                                                         
          permitted   to  itinerate   between  villages                                                                         
          within  a grantee's  region as  public safety                                                                         
          needs   arise.    These   changes   implement                                                                         
          Recommendations 1, 2, and 9.                                                                                          
                                                                                                                                
          Subsection  (g) is  new  and  is the  partial                                                                         
          statutory   codification   of   current   DPS                                                                         
          regulations 13  AAC 96.040. New  (g) contains                                                                         
          grant award  record keeping  requirements and                                                                         
          other  grant  management requirements.  These                                                                         
          changes implement  Recommendations 1,  2, and                                                                         
          9.                                                                                                                    
                                                                                                                                
          Subsection   (h)   contains  new   regulation                                                                         
          adopting authority for  the DPS commissioner,                                                                         
          subject to the  new consultation requirements                                                                         
          of  new  (l)  of  this  bill  section.  These                                                                         
          changes implement  Recommendations 1,  2, and                                                                         
          8.                                                                                                                    
                                                                                                                                
          Subsection  (i)  allows for  funding  grantee                                                                         
          organizations'   indirect  rates   up  to   a                                                                         
          statewide average  of 35%. This  language has                                                                         
          been  used  as  intent language  in  multiple                                                                         
          prior operating  budget bills.  These changes                                                                         
          partially implement Recommendations 2, 4-5.                                                                           
                                                                                                                                
          Subsection (j)  is new and  provides explicit                                                                         
          instruction  to  the  commissioner  on  grant                                                                         
          fund  disbursement. Specifically,  that grant                                                                         
          funds  can  be   used  for  items  reasonably                                                                         
          related to  public safety and VPSO  duties as                                                                         
          codified  in this  bill. Further,  grant fund                                                                         
          disbursement  is  to  be timely  and  funding                                                                         
          request are not  to be unreasonably withheld.                                                                         
          These     changes     partially     implement                                                                         
          Recommendation 2.                                                                                                     
                                                                                                                                
          Subsections (k)  and (l)  are related  to new                                                                         
          (i)  and  provides  for  a  consultation  and                                                                         
          negotiated rule-making  process for  when any                                                                         
          of the state agencies  involved with the VPSO                                                                         
          program  exercise  their regulation  adopting                                                                         
          authority.     These    changes     implement                                                                         
          Recommendation 8.                                                                                                     
                                                                                                                                
MS. HAWN noted that the forgoing formalizes the existing                                                                        
cooperative process between VPSO coordinators and DPS to jointly                                                                
make decisions about how the program works.                                                                                     
                                                                                                                                
     Section 4 (pages 8-14)                                                                                                   
     Creates new statutes:                                                                                                      
                                                                                                                                
          AS  18.65.672 is  the statutory  codification                                                                         
          of  current  DPS  regulation  13  AAC  96.080                                                                         
          dealing      with     VPSO      qualification                                                                         
          requirements.    These   changes    implement                                                                         
          Recommendation 9.                                                                                                     
                                                                                                                                
          AS  18.65.674 is  the statutory  codification                                                                         
          of  current  DPS  regulation  13  AAC  96.090                                                                         
          dealing  with VPSO  background checks.  These                                                                         
          changes implement Recommendation 9.                                                                                   
                                                                                                                                
          AS  18.65.676 is  the statutory  codification                                                                         
          of  current  DPS  regulation  13  AAC  96.100                                                                         
          dealing  with   VPSO  training  requirements.                                                                         
          These  changes  implement  Recommendations  1                                                                         
          and 9.                                                                                                                
                                                                                                                                
          AS  18.65.678 is  the statutory  codification                                                                         
          of   current    DPS   regulations    13   AAC                                                                         
          96.040(b)(8) and  13 AAC 96.100  dealing with                                                                         
          VPSO  firearm  training  requirements.  These                                                                         
          changes implement Recommendations 9.                                                                                  
                                                                                                                                
          AS  18 65.682  is the  statutory codification                                                                         
          of  current  DPS  regulation  13  AAC  96.110                                                                         
          dealing   with   VPSO  certification.   These                                                                         
          changes implement Recommendations 9.                                                                                  
                                                                                                                                
          AS  18.65.684 is  the statutory  codification                                                                         
          of  current  DPS  regulation  13  AAC  96.120                                                                         
          dealing  with  the   denial,  revocation,  or                                                                         
          lapse  of a  VPSO certificate.  These changes                                                                         
          implement Recommendations 9.                                                                                          
                                                                                                                                
          AS   18.65.686   contains  the   duties   and                                                                         
          functions that  VPSO personnel  are currently                                                                         
          performing  but  are   not  codified  in  the                                                                         
          existing     statute.     This     implements                                                                         
          Recommendation 1.                                                                                                     
                                                                                                                                
          AS  18.65.688 is  a  definitional section  to                                                                         
          deal with  various terms used  throughout the                                                                         
          new statutory sections.                                                                                               
                                                                                                                                
     Section 5 (page 14)                                                                                                      
     Creates in  the uncodified  law a  standard grandfather                                                                    
     provision  for existing  VPSO  personnel  who may  have                                                                    
     been  certified under  different training  requirements                                                                    
     than what is provided for in this bill.                                                                                    
                                                                                                                                
     Section 6 (page 14)                                                                                                      
     Creates in  the uncodified  law a requirement  that DPS                                                                    
     continue  its  current  level  of  interaction  between                                                                    
     itself  and the  VPSO  personnel.  That requirement  is                                                                    
     codified in  current VPSO statute AS  18.65.670(c) with                                                                    
     the  language  relating  to  DPS  regulation  authority                                                                    
     extending  to "the  interaction between  the Department                                                                    
     of Public  Safety and village public  safety officers."                                                                    
     This  requirement is  maintained by  bill section  3(i)                                                                    
     which uses  the exact wording regarding  DPS regulation                                                                    
     authority.                                                                                                                 
                                                                                                                                
     Section 7 (page 14)                                                                                                      
     Is an  effective date provision  and provides  that the                                                                    
     subsections  (b)    (g) of  repealed  and reenacted  AS                                                                    
     18.65.670  become  effective  on July  1,  2020.  These                                                                    
     subsections    are     proposed    codifications    and                                                                    
     modifications of  current department  regulations. This                                                                    
     will allow the  department time to take  action to make                                                                    
     the  department  regulations  consistent with  the  new                                                                    
     provisions of statute enacted by this bill.                                                                                
                                                                                                                                
     Section 8 (page 14).                                                                                                     
     Provides that  all other sections  of the bill  have an                                                                    
     immediate effective date.                                                                                                
                                                                                                                                
4:22:14 PM                                                                                                                    
SENATOR  OLSON  stated   that  while  the  bill   appears  to  be                                                               
complicated,  it only  contains the  recommendations the  working                                                               
group decided on.                                                                                                               
                                                                                                                                
CHAIR SHOWER expressed appreciation for the bill.                                                                               
                                                                                                                                
SENATOR REINBOLD recalled  a VPSO bill when she was  in the House                                                               
that was purported  to decrease law enforcement  costs. She asked                                                               
for  the current  wages for  Village Public  Safety Officers  and                                                               
Alaska State Troopers.                                                                                                          
                                                                                                                                
SENATOR OLSON replied the pay  scale for VPSOs is roughly $58,000                                                               
per  year whereas  Alaska State  Troopers earn  in excess  of six                                                               
figures.                                                                                                                        
                                                                                                                                
CHAIR SHOWER noted that the  expert testimony could also speak to                                                               
salaries.                                                                                                                       
                                                                                                                                
SENATOR  REINBOLD said  this is  important because  trooper costs                                                               
are more  than just the salary.  She asked for an  explanation of                                                               
the 30 percent for administrative  cost and asked what happens to                                                               
the money when positions are unfilled.                                                                                          
                                                                                                                                
SENATOR OLSON  deferred the  question about  administrative costs                                                               
to the invited testimony.                                                                                                       
                                                                                                                                
SENATOR REINBOLD asked  what happens to the  money when positions                                                               
are not filled.                                                                                                                 
                                                                                                                                
SENATOR OLSON replied the funds are held within DPS.                                                                            
                                                                                                                                
4:26:33 PM                                                                                                                    
JAMES COCKRELL, Commissioner, Department  of Public Safety (DPS),                                                               
Anchorage, Alaska, stated  that DPS supports the  VPSO program as                                                               
a  key  component of  its  overall  mission. The  department  has                                                               
worked  with  both  Senator Olson,  Representative  Patkotak  and                                                               
other  legislators to  develop a  bill that  will allow  the VPSO                                                               
program  to   grow  and  provide  flexibility   for  communities,                                                               
villages, and tribes to decide on the direction of the program.                                                                 
                                                                                                                                
4:27:35 PM                                                                                                                    
CHAIR SHOWER  asked if he  had an opinion on  the bill and  if he                                                               
foresaw any problems.                                                                                                           
                                                                                                                                
COMMISSIONER  COCKRELL stated  that DPS  supports SB  81 and  any                                                               
amendments  the  sponsor  may  put  forward.  The  department  is                                                               
comfortable with the direction the bill is going.                                                                               
                                                                                                                                
SENATOR OLSON said he would also like to hear from Kelly Howell.                                                                
                                                                                                                                
SENATOR REINBOLD  expressed concern about political  activism and                                                               
asked if tribal courts have to follow state statutes.                                                                           
                                                                                                                                
COMMISSIONER COCKRELL explained that most  cases that a VPSO or a                                                               
trooper  handles  will  go  through  state  court.  However,  the                                                               
department does have civil diversion  agreements with some tribes                                                               
to  take  minor  cases  to  tribal court.  He  said  he  supports                                                               
allowing  tribal  courts to  address  lesser  crimes and  keep  a                                                               
member of a tribe from  potentially getting a criminal record for                                                               
a minor,  non-person offense.  Aside from  the Indian  Reserve on                                                               
Metlakatla, felony cases go through state court.                                                                                
                                                                                                                                
CHAIR SHOWER asked who has  jurisdiction over a non-tribal member                                                               
who  is  charged with  committing  a  crime  on tribal  land  and                                                               
whether  that  person  would  have  the  right  to  appeal  their                                                               
sentence to  a state court.  He also  asked if the  reverse would                                                               
apply for a tribal member.                                                                                                      
                                                                                                                                
4:32:39 PM                                                                                                                    
COMMISSIONER  COCKRELL  replied  DPS recognizes  tribal  criminal                                                               
complaints and those  can be taken to state  court, although that                                                               
does  not  apply  to  banishment  because  state  courts  do  not                                                               
recognize that  penalty. He added  that there is not  a one-size-                                                               
fits-all way of dealing with  tribes in Alaska; troopers are more                                                               
actively involved  with tribes in  some areas and  certain tribal                                                               
courts are  more vibrant than  others. He also  briefly mentioned                                                               
the  concept of  Circles that  is  something less  than a  tribal                                                               
court that only hears minor adult cases and imposes penalties.                                                                  
                                                                                                                                
CHAIR SHOWER asked Joel Hard if he had anything to add.                                                                         
                                                                                                                                
4:34:54 PM                                                                                                                    
JOEL HARD, Director of Operations,  Village Public Safety Officer                                                               
program,   Department  of   Public  Safety,   Anchorage,  Alaska,                                                               
explained  that jurisdiction  is primarily  based on  membership,                                                               
not  geography.   However,  the   state  always   has  concurrent                                                               
jurisdiction so  there is always  a decision about  the direction                                                               
the case goes.                                                                                                                  
                                                                                                                                
CHAIR  SHOWER  asked  who  makes the  decision  and  whether  the                                                               
individual is able to appeal.                                                                                                   
                                                                                                                                
MR. HARD replied the actions  in tribal court are directed toward                                                               
tribal members  but he  didn't know how  it works  for non-tribal                                                               
members.                                                                                                                        
                                                                                                                                
SENATOR REINBOLD said she wants  all domestic violence and sexual                                                               
assault  cases to  go  to  state court  to  ensure  they are  not                                                               
silenced or ignored. She mentioned  HB 123 and offered her belief                                                               
that  recognition  is one  thing,  but  sovereignty for  the  229                                                               
tribes in Alaska is a different matter.                                                                                         
                                                                                                                                
COMMISSIONER  COCKRELL  said  all domestic  violence  and  sexual                                                               
assault cases  go to state  court. The state  isn't relinquishing                                                               
its authority to  allow minor crimes to be  adjudicated in tribal                                                               
court  where  the  penalties  might   be  gathering  firewood  or                                                               
catching  fish for  an  elder, but  recognizes  that tribes  have                                                               
their own  system of  justice for  minor crimes  committed within                                                               
the tribe's jurisdiction and their culture plays a part.                                                                        
                                                                                                                                
CHAIR SHOWER  said he believes  the state  needs to figure  out a                                                               
consistent   standard  of   justice   because   there  could   be                                                               
complications  if  each  of  the   229  tribes  has  a  different                                                               
standard.                                                                                                                       
                                                                                                                                
COMMISSIONER COCKRELL  said the heart  of the matter is  that the                                                               
state has never provided an  adequate law enforcement presence in                                                               
the villages, and in that  absence the federal government and the                                                               
tribes  have  filled the  void.  He  noted  there were  bills  in                                                               
Congress  now  to  provide  flexibility   and  autonomy  for  the                                                               
[federally recognized]  tribes in Alaska. We  have only ourselves                                                               
to blame, he said, because  the state hasn't provided the support                                                               
the tribes have needed since statehood.                                                                                         
                                                                                                                                
CHAIR  SHOWER   said  he  appreciates   the  honesty   and  self-                                                               
assessment.                                                                                                                     
                                                                                                                                
SENATOR REINBOLD  said she  has no problem  with someone  being a                                                               
member of a  tribe. However, if tribes want  sovereignty over all                                                               
affairs, she wonders whether tribal  members would have to follow                                                               
state and federal laws.                                                                                                         
                                                                                                                                
4:42:42 PM                                                                                                                    
COMMISSIONER COCKRELL  responded that everyone is  bound by state                                                               
law  and the  State of  Alaska is  responsible for  providing law                                                               
enforcement in  all jurisdictions.  He noted that  the Metlakatla                                                               
Indian Reserve is an exception.                                                                                                 
                                                                                                                                
CHAIR SHOWER noted that the sponsor had something to add.                                                                       
                                                                                                                                
4:43:34 PM                                                                                                                    
SENATOR  OLSON   explained  that   the  word   sovereignty  means                                                               
different  things depending  on the  context. The  sovereignty of                                                               
tribes   comes  from   the  federal   treaty  that   talks  about                                                               
government-to-government interactions. That does  not mean that a                                                               
tribe  could  challenge either  the  state  or U.S.  governments.                                                               
Tribes  are subservient  to both  authorities with  the hierarchy                                                               
being the federal government first,  state government second, and                                                               
the tribal authorities below that.                                                                                              
                                                                                                                                
SENATOR  REINBOLD asked  how a  sovereign nation  differs from  a                                                               
recognized  nation  and  whether a  sovereign  nation  supersedes                                                               
anything.                                                                                                                       
                                                                                                                                
SENATOR OLSON said he was not  an expert and would rather not get                                                               
caught  up in  semantics and  the issue  of sovereignty.  It's an                                                               
important issue, but SB 81 is  about getting public safety in all                                                               
communities.  He  highlighted that  there  are  no VPSOs  in  the                                                               
Kotzebue region and  Bethel has just three of  about 43 positions                                                               
filled.                                                                                                                         
                                                                                                                                
CHAIR  SHOWER  called his  former  staff,  Terrence Shanigan,  to                                                               
respond   to   the  questions   about   the   PL  280   authority                                                               
[jurisdiction  in  criminal  cases], the  different  meanings  of                                                               
sovereignty, and the 30 percent administrative cost.                                                                            
                                                                                                                                
4:47:12 PM                                                                                                                    
TARENCE  SHANIGAN, representing  self, Anchorage,  Alaska, stated                                                               
that SB 81  is only loosely affiliated to  tribal sovereignty and                                                               
tribal recognition. To  Senator Reinbold's mention of  HB 123 and                                                               
statement  about   tribes  potentially  becoming   sovereign,  he                                                               
clarified  that  Congress  recognized most  tribes  as  sovereign                                                               
between 1934  and 1941. HB  123 is  simply stating that  fact and                                                               
asking the state  to acknowledge it. He stressed  that neither HB
123 nor  SB 81  asks for  anything new or  any new  authority for                                                               
tribes.                                                                                                                         
                                                                                                                                
MR.  SHANIGAN noted  that Commissioner  Cockrell  alluded to  the                                                               
significant   differences   between   how  tribes,   except   for                                                               
Metlakatla,  operate  in terms  of  their  relationship with  the                                                               
state  and  the  state's  authority.   He  said  there  are  four                                                               
sovereigns  in Alaska  and all  four are  identified in  the U.S.                                                               
Constitution.  These  are  the   federal  government,  the  state                                                               
government,  tribes, and  individuals. The  229 tribes  in Alaska                                                               
are all  sovereigns and  their authorities  are limited  based on                                                               
Public Law (PL)  280 that Congress passed in the  1950s. This law                                                               
ceded criminal jurisdiction to the state.                                                                                       
                                                                                                                                
MR.  SHANIGAN   referenced  Senator  Reinbold's   question  about                                                               
administrative costs  of 30 percent  and explained  that Governor                                                               
Parnell removed the  15 percent cap on an  organization's cost to                                                               
administer  for  the  VPSO  program  because  it's  expensive  to                                                               
operate  in rural  Alaska and  organizations  often exceeded  the                                                               
cap. He noted that  in some areas the expenses ran  as high as 40                                                               
percent but the average has been about 28.5 percent.                                                                            
                                                                                                                                
CHAIR SHOWER asked Senator Reinbold if she had a follow-up.                                                                     
                                                                                                                                
4:51:20 PM                                                                                                                    
SENATOR  REINBOLD asked  1) if  he was  a member  of a  tribe; 2)                                                               
where it  says tribes are  sovereign; 3) what sovereign  means to                                                               
him; 4) whether he sees any  potential for conflict; and 5) if he                                                               
intended to put tribes before  individuals [when he mentioned the                                                               
hierarchy of sovereignty in Alaska].                                                                                            
                                                                                                                                
MR. SHANIGAN replied 1) he is a  member of a tribe; 2) Article I,                                                               
Section  8  of the  U.S.  Constitution  recognizes the  sovereign                                                               
nature  of tribes;  3)  he  is not  a  legal  expert but  federal                                                               
documents and law reference tribal  sovereignty; and 4) Alaska is                                                               
one of several states governed by  Public Law 280 rather than the                                                               
reservation system where the federal  government has more control                                                               
and  authority. In  PL  280  states there  is  a  lot more  cross                                                               
jurisdictional interaction  and the state has  far more authority                                                               
than if  there were  reservations. Tribal  courts in  Alaska have                                                               
specific limits because of PL 280.                                                                                              
                                                                                                                                
SENATOR  REINBOLD said  she  found the  following  in Article  I,                                                               
Section 8:                                                                                                                      
                                                                                                                                
      To regulate Commerce with foreign Nations, and among                                                                      
     the several States, and with the Indian Tribes.                                                                            
                                                                                                                                
She acknowledged that  he said the courts  have recognized tribal                                                               
sovereignty,  but she  needed  somebody to  show  where the  U.S.                                                               
Constitution says  tribes are  sovereign. She  noted she  had not                                                               
found that  in the Constitution of  the State of Alaska  or state                                                               
statute  either. She  reiterated  her ongoing  concern about  the                                                               
term sovereignty and unintended  consequences. She added that she                                                               
does support  the VPSO program,  law enforcement  in communities,                                                               
and more law enforcement in the Bush.                                                                                           
                                                                                                                                
MR. SHANIGAN said  he would follow up and bring  legal experts to                                                               
speak to  the matter, but tribal  sovereignty is well known  as a                                                               
fact  in  the  Alaska  Native and  American  Indian  communities.                                                               
Nothing about tribal sovereignty would  change tomorrow if HB 123                                                               
were to pass  today. The bill simply states the  fact that tribes                                                               
in  Alaska  are  sovereign.  However, because  Alaska  has  never                                                               
acknowledged the  federal recognition and sovereignty  of tribes,                                                               
it makes conversations about SB 81 and other bills difficult.                                                                   
                                                                                                                                
CHAIR SHOWER asked  him to provide the legal  opinions in written                                                               
form and  he would  share them  with the  members and  enter them                                                               
into the  record. He  asked the  sponsor if  he had  any comments                                                               
before he turned to invited testimony.                                                                                          
                                                                                                                                
SENATOR OLSON  commented on  the ongoing  and circular  nature of                                                               
the conversations about sovereignty.                                                                                            
                                                                                                                                
CHAIR SHOWER turned to invited testimony.                                                                                       
                                                                                                                                
4:57:38 PM                                                                                                                    
MICHAEL  NEMETH,  VPSO  Program  Coordinator,  Aleutian  Pribilof                                                               
Island Association,  Anchorage, Alaska,  testified in  support of                                                               
SB 81. He  related that this will  be his 20th year  as a Village                                                               
Public Safety  Officer. He stated  that there is  broad agreement                                                               
that the  public safety needs  of Alaskans are paramount  and all                                                               
discussions  about  the  VPSO  program   should  begin  with  the                                                               
recognition  that  keeping  Alaska's   communities  safe  is  the                                                               
highest priority. There  is also agreement that  the VPSO program                                                               
is in need  of change to better serve Alaskans.  He said he never                                                               
viewed the program as failed or  broken, but as distressed due to                                                               
different management  styles and  varying levels of  support over                                                               
the  last decade.  He expressed  hope that  the non-controversial                                                               
solution  put  forward in  SB  81  could  pass both  bodies  this                                                               
session.                                                                                                                        
                                                                                                                                
4:59:04 PM                                                                                                                    
CAROL  PISCOYA,  Vice  President,  Community  Services  Division,                                                               
Kawerak Incorporation,  Nome, Alaska, testified in  support of SB
81. She  reported that  Kawerak administers  the VPSO  program in                                                               
the Bering  Strait region and is  providing service to six  of 15                                                               
communities. The  reason that nine  of the 15 communities  do not                                                               
have any law enforcement is  due to recruitment problems, and the                                                               
lack of  adequate infrastructure to  support VPSO programs  is an                                                               
additional  barrier to  recruitment. She  emphasized the  need to                                                               
address the  crisis in public  safety infrastructure  and service                                                               
in rural  Alaska and expressed  optimism about the  renewed sense                                                               
of  urgency  and collaboration  with  the  current Public  Safety                                                               
commissioner. She  urged the  committee to pass  SB 81  saying it                                                               
will  provide the  building blocks  for  regulation changes  that                                                               
will allow  the VPSO  program to  flourish and  provide excellent                                                               
public safety services to Alaskans.                                                                                             
                                                                                                                                
5:01:04 PM                                                                                                                    
CHAIR SHOWER opened  public testimony on SB 81;  finding none, he                                                               
closed public testimony.                                                                                                        
                                                                                                                                
CHAIR SHOWER mentioned an amendment.                                                                                            
                                                                                                                                
5:01:57 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
5:08:48 PM                                                                                                                    
CHAIR  SHOWER  reconvened  the meeting  and  explained  that  the                                                               
committee  was talking  about how  to  address the  two pages  of                                                               
suggested  amendments   that  his   staff  had   distributed.  He                                                               
acknowledged  that some  members  were not  comfortable with  the                                                               
speed  the  bill was  moving  and  the  fact that  the  suggested                                                               
amendments had  not been drafted  by Legislative  Legal Services.                                                               
He said there were two options,  1) to work through the suggested                                                               
changes or  2) to accept the  bill and have the  sponsor state on                                                               
the record that he would  accept the suggested changes exactly as                                                               
is and take  that to the finance committee.  This committee could                                                               
then watch to see that  all the changes were added appropriately.                                                               
He acknowledged that the first  option was not viable because the                                                               
committee was out of time today.  He asked the members to comment                                                               
on the viability of the second option.                                                                                          
                                                                                                                                
SENATOR  OLSON  asked  if  he   could  comment  on  the  proposed                                                               
amendments.                                                                                                                     
                                                                                                                                
CHAIR SHOWER suggested he wait  until the committee members had a                                                               
chance to weigh in.                                                                                                             
                                                                                                                                
SENATOR REINBOLD  stated that the  VPSO program is  important and                                                               
she supports  public safety, but  she was a  little uncomfortable                                                               
moving the bill forward today.  She added, "I'm glad we're moving                                                               
the amendment. I'm going to trust  your word on dealing with that                                                               
amendment  in the  next finance  committee."  She also  requested                                                               
that  courtesies be  extended  to all  members  who bring  issues                                                               
forward that they  deem particularly important. She  said she was                                                               
willing to make the motion.                                                                                                     
                                                                                                                                
CHAIR SHOWER said Senator Reinbold's  request should be heard and                                                               
acknowledged. He stated  that he was comfortable  moving the bill                                                               
but he would respect the wishes of the committee.                                                                               
                                                                                                                                
5:12:50 PM                                                                                                                    
SENATOR KAWASAKI  commented that  he had  tracked this  issue for                                                               
many years  and was happy to  have the bill move  forward because                                                               
it had a long way to go. He offered to make the motion.                                                                         
                                                                                                                                
5:13:41 PM                                                                                                                    
SENATOR OLSON  said he appreciated the  committee considering the                                                               
bill and  he would commit to  take the rough draft  of amendments                                                               
to  Legislative  Legal Services  and  present  that to  the  next                                                               
committee of referral. He added that  he would give a copy to the                                                               
chair so  the committee could look  at whether or not  the intent                                                               
of the amendments came through.                                                                                                 
                                                                                                                                
SENATOR REINBOLD said  she has always supported  the VPSO program                                                               
but she did  not want any unintended consequences  related to the                                                               
issue of sovereignty.                                                                                                           
                                                                                                                                
CHAIR  SHOWER restated  that while  he was  comfortable with  the                                                               
bill, he  was willing to  slow down if that  was the will  of the                                                               
committee.                                                                                                                      
                                                                                                                                
5:17:12 PM                                                                                                                    
SENATOR REIBOLD moved to report CSSB 82, work order 32-LS0362\I,                                                                
from  committee  with  individual  recommendations  and  attached                                                               
fiscal  note(s)  plus   accompanying  documents  and  recommended                                                               
conceptual  amendments  to the  next  committee  of referral  and                                                               
authorization for legislative legal to make needed technical and                                                                
conforming changes.                                                                                                             
                                                                                                                                
CHAIR SHOWER asked Senator Reinbold to restate the motion                                                                       
without the recommended conceptual amendments.                                                                                  
                                                                                                                                
5:17:57 PM                                                                                                                    
SENATOR REINBOLD moved to report CSSB 82, work order 32-                                                                        
LS0362\I, from committee with individual recommendations and                                                                    
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR SHOWER found no objection and CSSB 81(CRA) was reported                                                                   
from the Senate State Affairs Standing Committee.                                                                               

Document Name Date/Time Subjects
SB0161A.PDF SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Research Graph 1.26.2022.pdf SEDC 3/14/2022 1:30:00 PM
SJUD 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Research Parties on Presidential Ballots 1.26.2022.pdf SEDC 3/14/2022 1:30:00 PM
SJUD 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Sectional Analysis version A 1.26.2022.pdf SEDC 3/14/2022 1:30:00 PM
SJUD 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Signed Hearing Request 1.26.2022.pdf SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Sponsor Statement 1.26.2022.pdf SEDC 3/14/2022 1:30:00 PM
SJUD 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 161
SB 161 Version A.PDF SSTA 2/17/2022 3:30:00 PM
SB 161
SJR 20 Support Letter 2.17.22.pdf SSTA 2/17/2022 3:30:00 PM
SJR 20
SJR 20 Sponsor Statement 2.16.22.pdf SSTA 2/17/2022 3:30:00 PM
SJR 20
SJR 20 Support Doc NHCA Support of Hearing Protection Act 2.17.22.pdf SSTA 2/17/2022 3:30:00 PM
SJR 20
SJR 20 Support Doc Sound-Hearing Loss Handout.pdf SSTA 2/17/2022 3:30:00 PM
SJR 20
SJR 20 Support Doc Suppressor Handout.pdf SSTA 2/17/2022 3:30:00 PM
SJR 20
SB115 Sponsor Statement 05.06.21.pdf SJUD 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 115
2021.06.05 SB 115 PSEA Letter of support.pdf SEDC 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 115
2022.2.15 SB 115 2022 - Letter of support AACOP.pdf SEDC 3/14/2022 1:30:00 PM
SSTA 2/17/2022 3:30:00 PM
SB 115
fiscal note 22.pdf SSTA 2/17/2022 3:30:00 PM
SB 66
SB 81 fiscal note 22 SB081CS-DPS-VPSO-02-16-22.pdf SSTA 2/17/2022 3:30:00 PM
SB 81
SB 81 fiscal note 22 SB081CS-DPS-CJISP-02-16-22.pdf SSTA 2/17/2022 3:30:00 PM
SB 81
SB 161 Response to State Affairs Questions 2-25-22.pdf SSTA 2/17/2022 3:30:00 PM
SB 161