04/13/2023 03:00 PM House STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| HB140 | |
| HB146 | |
| SB38 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 146 | TELECONFERENCED | |
| *+ | HB 42 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 38 | TELECONFERENCED | |
| += | HB 140 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 13, 2023                                                                                         
                           3:12 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Laddie Shaw, Chair                                                                                               
Representative Stanley Wright, Vice Chair                                                                                       
Representative Ben Carpenter                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Jamie Allard                                                                                                     
Representative Jennie Armstrong                                                                                                 
Representative Andi Story                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 140                                                                                                              
"An Act  relating to the State  Officers Compensation Commission;                                                               
and  relating  to  policies of  the  Alaska  Legislative  Council                                                               
regarding allowances and reimbursement for moving expenses."                                                                    
                                                                                                                                
     - MOVED CSHB 140(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 146                                                                                                              
"An  Act relating  to fireworks;  repealing  restrictions on  the                                                               
sale of fireworks;  directing the Department of  Public Safety to                                                               
adopt  fireworks  regulations;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 38                                                                                                              
"An  Act establishing  the crime  of interference  with emergency                                                               
communications."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 42                                                                                                               
"An  Act relating  to the  elimination or  modification of  state                                                               
agency   publications   that   are  outdated,   duplicative,   or                                                               
excessive."                                                                                                                     
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 140                                                                                                                  
SHORT TITLE: LEG SALARIES; STATE OFFICERS COMP COMM                                                                             
SPONSOR(s): RULES BY REQUEST                                                                                                    
                                                                                                                                
03/27/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/23       (H)       STA                                                                                                    
03/28/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/23       (H)       <Bill Hearing Rescheduled to 03/30/23>                                                                 
03/30/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/30/23       (H)       Heard & Held                                                                                           
03/30/23       (H)       MINUTE(STA)                                                                                            
04/11/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/11/23       (H)       Moved CSHB 140(STA) Out of Committee                                                                   
04/11/23       (H)       MINUTE(STA)                                                                                            
04/13/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 146                                                                                                                  
SHORT TITLE: REGULATION OF FIREWORKS                                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/29/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/23       (H)       STA, L&C                                                                                               
04/13/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: SB  38                                                                                                                  
SHORT TITLE: INTERFERENCE WITH EMERGENCY SERVICES                                                                               
SPONSOR(s): WILSON                                                                                                              
                                                                                                                                
01/18/23       (S)       PREFILE RELEASED 1/13/23                                                                               
01/18/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/23       (S)       JUD                                                                                                    
01/23/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
01/23/23       (S)       Heard & Held                                                                                           
01/23/23       (S)       MINUTE(JUD)                                                                                            
01/30/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
01/30/23       (S)       Moved SB 38 Out of Committee                                                                           
01/30/23       (S)       MINUTE(JUD)                                                                                            
02/01/23       (S)       JUD RPT 3DP 2NR                                                                                        
02/01/23       (S)       DP: CLAMAN, GIESSEL, KAUFMAN                                                                           
02/01/23       (S)       NR: TOBIN, KIEHL                                                                                       
02/01/23       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/08/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/08/23       (S)       Heard & Held                                                                                           
02/08/23       (S)       MINUTE(FIN)                                                                                            
03/07/23       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/07/23       (S)       Moved SB 38 Out of Committee                                                                           
03/07/23       (S)       MINUTE(FIN)                                                                                            
03/13/23       (S)       FIN RPT 3DP 1NR                                                                                        
03/13/23       (S)       DP: OLSON, WILSON, MERRICK                                                                             
03/13/23       (S)       NR: KIEHL                                                                                              
03/17/23       (S)       TRANSMITTED TO (H)                                                                                     
03/17/23       (S)       VERSION: SB  38                                                                                        
03/20/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/20/23       (H)       STA                                                                                                    
04/06/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/06/23       (H)       -- MEETING CANCELED --                                                                                 
04/13/23       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSH WALTON, Staff                                                                                                              
Representative Laddie Shaw                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Detailed the rescinded action on HB 140, on                                                              
behalf of Chair Shaw.                                                                                                           
                                                                                                                                
NOAH KLEIN                                                                                                                      
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided an explanation of changes in the                                                                
proposed CS for HB 140, Version B.                                                                                              
                                                                                                                                
LISA PURINTON, Acting Legislative Liaison                                                                                       
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 146, on behalf of the House                                                                
Rules Standing Committee, sponsor by request of the governor.                                                                   
                                                                                                                                
LLOYD NAKANO, State Fire Marshall                                                                                               
Division of Fire and Life Safety                                                                                                
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented HB 146 via PowerPoint                                                                          
presentation, on behalf of the House Rules Standing Committee,                                                                  
sponsor by request of the governor.                                                                                             
                                                                                                                                
JASMIN MARTIN, Staff                                                                                                            
Senator David Wilson                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented  SB  38,  on behalf  of  Senator                                                             
Wilson, prime sponsor.                                                                                                          
                                                                                                                                
JAMES COCKRELL, Commissioner                                                                                                    
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Offered   invited  testimony  during  the                                                             
hearing on SB 38.                                                                                                               
                                                                                                                                
JOEL BUTCHER, President                                                                                                         
Association of Public-Safety Communications Officials;                                                                          
National Emergency Numbers Association                                                                                          
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:    Offered   invited  testimony  during  the                                                             
hearing on SB 38.                                                                                                               
                                                                                                                                
JACOB BUTCHER, Communications Manager                                                                                           
Mat-Com Dispatch                                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:    Offered   invited  testimony  during  the                                                             
hearing on SB 38.                                                                                                               
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:12:32 PM                                                                                                                    
                                                                                                                                
CHAIR  LADDIE  SHAW  called  the  House  State  Affairs  Standing                                                             
Committee  meeting to  order  at 3:12  p.m.   Representatives  C.                                                               
Johnson, Allard, Armstrong, Story,  Wright, and Shaw were present                                                               
at the  call to order.   Representative Carpenter arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
         HB 140-LEG SALARIES; STATE OFFICERS COMP COMM                                                                      
                                                                                                                                
3:13:31 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  first order of business  would be                                                               
HOUSE  BILL NO.  140,  "An  Act relating  to  the State  Officers                                                               
Compensation Commission;  and relating to policies  of the Alaska                                                               
Legislative  Council regarding  allowances and  reimbursement for                                                               
moving expenses."   [CSHB 140(STA) was reported  out of committee                                                               
on 4/11/23.]                                                                                                                    
                                                                                                                                
3:14:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT moved to rescind  the committee's action on                                                               
4/11/23  in reporting  CSHB  140(STA) out  of  committee.   There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
3:14:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT moved to adopt  the proposed CS for HB 140,                                                               
Version  33-LS069\B,  Klein/Wallace,   4/11/23,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
CHAIR SHAW objected for the purpose of discussion.                                                                              
                                                                                                                                
3:14:58 PM                                                                                                                    
                                                                                                                                
JOSH  WALTON, Staff,  Representative  Laddie  Shaw, Alaska  State                                                               
Legislature,  on  behalf  of Representative  Shaw,  relayed  that                                                               
Version B  corrected conflicting language  in the version  of the                                                               
bill that  had moved from committee  on 4/11/23.  He  deferred to                                                               
Mr. Klein to provide an explanation of changes in Version B.                                                                    
                                                                                                                                
3:16:15 PM                                                                                                                    
                                                                                                                                
NOAH  KLEIN,  Legislative  Legal  Services,  Legislative  Affairs                                                               
Agency, recalled that a  previously adopted amendment essentially                                                               
bifurcated the compensation committee  report creating a separate                                                               
report for  the legislature and  a separate report  for executive                                                               
branch officials.   He explained  that the amendment  used plural                                                               
language,  while  another amendment  was  in  the singular.    He                                                               
highlighted  page 2,  line  11,  of Version  B,  noting that  the                                                               
language in the proposed CS was  drafted in the plural to correct                                                               
those technical inconsistencies.                                                                                                
                                                                                                                                
3:17:45 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW  removed  his  objection.   There  being  no  further                                                               
objection, Version B was before the committee.                                                                                  
                                                                                                                                
3:18:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT  moved to  report  CSHB  140, Version  33-                                                               
LS069\B,   Klein/Wallace,   4/11/23,   out  of   committee   with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no  objection, CSHB 140(STA) was reported  out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
3:18:34 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:18 p.m. to 3:21 p.m.                                                                       
                                                                                                                                
                 HB 146-REGULATION OF FIREWORKS                                                                             
                                                                                                                                
3:21:36 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  146, "An  Act relating  to fireworks;  repealing                                                               
restrictions on  the sale of fireworks;  directing the Department                                                               
of Public  Safety to adopt  fireworks regulations;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
3:22:24 PM                                                                                                                    
                                                                                                                                
LISA PURINTON,  Acting Legislative Liaison, Department  of Public                                                               
Safety (DPS), provided  brief introductory remarks on  HB 146, on                                                               
behalf of the sponsor, House Rules by request of the governor.                                                                  
                                                                                                                                
3:22:57 PM                                                                                                                    
                                                                                                                                
LLOYD  NAKANO, State  Fire Marshall,  Division of  Fire and  Life                                                               
Safety, Department  of Public Safety,  on behalf of  the sponsor,                                                               
House  Rules by  request of  the  governor presented  HB 146  via                                                               
PowerPoint  [hard copy  included  in the  committee packet],  and                                                               
began on slide  2, titled "What does the bill  do," which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     •  House  Bill (HB  146)  repeals  and reenacts  Alaska                                                                    
     Statute (AS) 18.72.010 for  the regulation of fireworks                                                                    
     • The Department of Public  Safety is required to adopt                                                                    
     regulations  to  establish  minimum standards  for  the                                                                    
     sale  and use  of fireworks  • International  Fire Code                                                                    
     (IFC) standards •  National Fire Protection Association                                                                    
     (NFPA)  codes  • Federal  Regulations  •  Repeals •  AS                                                                    
     18.72.020:  Regulation   of  salable  fireworks   •  AS                                                                    
     18.72.030:   Fireworks   wholesaler's  license   •   AS                                                                    
     18.72.100: Definitions                                                                                                     
                                                                                                                                
3:25:04 PM                                                                                                                    
                                                                                                                                
MR.  NAKANO  continued  to  slide  3, titled  "Why  is  the  bill                                                               
needed," which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     • Existing  statute (AS 18.72) originally  adopted over                                                                    
     50 years ago without  being substantially amended • Out                                                                    
     of  date with  modern regulations  set at  the national                                                                    
     and  international level  • Statutory  changes are  not                                                                    
     easily undertaken                                                                                                          
                                                                                                                                
3:25:58 PM                                                                                                                    
                                                                                                                                
MR. NAKANO turned to slide 4,  titled "What is changed under this                                                               
bill," which read as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Criminal penalties  under AS  18.72.040 would  be based                                                                    
     on  failure   to  comply  with  regulations   under  AS                                                                    
     18.72.010 instead of the Fire Safety Code                                                                                  
                                                                                                                                
     Regulations  under  AS  18.72.010 would  supersede  the                                                                    
     provisions  of  an  ordinance  adopted  by  a  city  of                                                                    
     borough,  whether before  or after  May 23,  1969, that                                                                    
     are less restrictive than the regulations                                                                                  
                                                                                                                                
     The Fire Safety  Code defined in AS  18.72.100 would be                                                                    
     repealed and  redefined in  regulations adopted  by the                                                                    
     Department of Public, Fire and Life Safety Division                                                                        
                                                                                                                                
MR. NAKANO welcomed questions from the committee.                                                                               
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG inquired  about  the  bill's impact  on                                                               
private companies selling fireworks and the industry in general.                                                                
                                                                                                                                
MR. NAKANO  stated that  the bill  would make  it easier  for the                                                               
industry.                                                                                                                       
                                                                                                                                
3:27:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER, returning to  slide 4, sought to verify                                                               
that  the   provisions  in  HB  146   would  supersede  municipal                                                               
ordinance.   He asked how  many cities  would be impacted  by the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
MR.  NAKANO said  the  bill would  not  impact municipalities  or                                                               
boroughs.  Nonetheless, he pointed  out that municipalities could                                                               
make their own determination to be more stringent.                                                                              
                                                                                                                                
3:29:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY sought  confirmation  that  the bill  would                                                               
make  the law  less  restrictive;  however, local  municipalities                                                               
could choose to enact more restrictive code.                                                                                    
                                                                                                                                
MR.   NAKANO  confirmed   that  the   bill  would   not  prohibit                                                               
municipalities from regulating more restrictively.                                                                              
                                                                                                                                
MS.   PURINTON,  in   response   to   Representative  Story   and                                                               
Representative  Carpenter,   noted  that   the  language   in  AS                                                               
18.72.060  would  be  repealed   from  statute  and  replaced  in                                                               
regulation;  therefore,  municipalities  would not  be  impacted.                                                               
She offered to provide a sectional analysis of the bill.                                                                        
                                                                                                                                
3:30:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  shared his  understanding that  state                                                               
statute took  precedent over municipal  ordinance.   He expressed                                                               
his confusion  as to  how regulation  could override  a municipal                                                               
bill.                                                                                                                           
                                                                                                                                
MS. PURINTON deferred to the Department of Law (DOL).                                                                           
                                                                                                                                
3:32:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  restated his  question regarding  the                                                               
weight  of a  statute overruling  municipal ordinance  versus the                                                               
weight of a regulation overruling municipal ordinance.                                                                          
                                                                                                                                
MR. NAKANO  stated that regulations were  statewide whereas local                                                               
jurisdictions  could  be  more  stringent.    He  referenced  the                                                               
international  fire  code, building  code,  field  gas code,  and                                                               
mechanical code.                                                                                                                
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  contended   that  those  codes  were                                                               
adopted into statute.                                                                                                           
                                                                                                                                
MR. NAKANO  shard his understanding  that the  international fire                                                               
code,  building  code,  and mechanical  code  were  adopted  into                                                               
regulation by DPS.                                                                                                              
                                                                                                                                
REPRESENTATIVE    ALLARD    shared   her    understanding    that                                                               
municipalities could not supersede state law.                                                                                   
                                                                                                                                
3:35:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  directed attention to page  2, line 20-                                                               
22, which read as follows [original punctuation provided]:                                                                      
                                                                                                                                
     However, nothing in this  section affects the authority                                                                    
     of  a city  or  organized borough  under  other law  to                                                                    
     prohibit   or   regulate    more   restrictively   than                                                                    
     regulations adopted under AS 18.72.010                                                                                     
                                                                                                                                
CHAIR  SHAW   asked  whether  that  answered   Representative  C.                                                               
Johnson's question.                                                                                                             
                                                                                                                                
REPRESENTATIVE C.  JOHNSON said not  entirely.  He  asked whether                                                               
municipal code could be less restrictive than regulation.                                                                       
                                                                                                                                
CHAIR SHAW  asked Ms.  Purinton to follow  up on  the committee's                                                               
questions.                                                                                                                      
                                                                                                                                
3:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    CARPENTER   asked    whether   the    class   B                                                               
[misdemeanor], as  referenced in the  bill, was resulting  from a                                                               
violation of statute or a  violation of regulation created by the                                                               
commissioner.                                                                                                                   
                                                                                                                                
MS.   PURINTON  offered   to  follow   up   with  the   requested                                                               
information.                                                                                                                    
                                                                                                                                
3:39:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY directed  attention to  page 2,  lines 6-8,                                                               
and asked  whether DPS was  authorized to enter  [residential] or                                                               
commercial buildings where fireworks were stored or kept.                                                                       
                                                                                                                                
MS.   PURINTON   deferred  to   the   state   fire  marshal   for                                                               
clarification.                                                                                                                  
                                                                                                                                
MR. NAKANO responded, "Businesses would  be for the retail, post-                                                               
sale, and displays."                                                                                                            
                                                                                                                                
REPRESENTATIVE  STORY  asked  whether the  language  in  question                                                               
needed further  clarification to avoid entrance  into residential                                                               
property.                                                                                                                       
                                                                                                                                
MS.   PURINTON  offered   to  follow   up   with  the   requested                                                               
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD agreed that the  language [on page 2, lines                                                               
6-8] needed further clarification.                                                                                              
                                                                                                                                
3:41:11 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW shared  his understanding  that  the legislation  was                                                               
accompanied by a zero fiscal note.                                                                                              
                                                                                                                                
MS. PURUNTON answered yes.                                                                                                      
                                                                                                                                
3:41:25 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW   opened  public   testimony  on   HB  146.     After                                                               
ascertaining that no  one online or in person  wished to testify,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
3:42:35 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that HB 142 would be held over.                                                                            
                                                                                                                                
           SB 38-INTERFERENCE WITH EMERGENCY SERVICES                                                                       
                                                                                                                                
3:42:41 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  final order of business  would be                                                               
SENATE  BILL   NO.  38,  "An   Act  establishing  the   crime  of                                                               
interference with emergency communications."                                                                                    
                                                                                                                                
3:42:55 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease from 3:43 p.m. to 3:44 p.m.                                                                  
                                                                                                                                
3:44:26 PM                                                                                                                    
                                                                                                                                
JASMIN  MARTIN,   Staff,  Senator  David  Wilson,   Alaska  State                                                               
Legislature, presented SB 38, on  behalf of Senator Wilson, prime                                                               
sponsor.  She paraphrased the  sponsor statement [included in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Senate Bill 38 establishes  the offense of interference                                                                    
     with  emergency  communications.   This  statute  would                                                                    
     apply  when a  person:  repeatedly makes  911 calls  to                                                                    
     report something  they know has already  been reported,                                                                    
     repeatedly  calls 911  when there  is no  emergency, or                                                                    
     harasses or threatens a 911 operator.                                                                                      
                                                                                                                                
     Interference  with  emergency   communications  --  the                                                                    
     misuse, abuse,  and disruption of 911  dispatch centers                                                                    
     --  is a  problem that  severely impacts  public safety                                                                    
     and emergency  response by  delaying responses  to real                                                                    
     emergencies.  It  is   prevalent  at  dispatch  centers                                                                    
     across Alaska and must be addressed.                                                                                       
                                                                                                                                
     During these disruptive  events, other urgent emergency                                                                    
     calls  must  be  placed  on hold  or  delayed  to  meet                                                                    
     standards; industry  standards are  that all  911 calls                                                                    
     must  be answered  within 15-20  seconds. A  dispatcher                                                                    
     could  be required  to place  the parent  of a  choking                                                                    
     child  on   hold  to  answer  repeated   calls  from  a                                                                    
     harassing individual  who is  not in need  of emergency                                                                    
     services,  delaying   necessary  life-saving  measures.                                                                    
     Under the language in the  bill, that harasser could be                                                                    
     charged.  Currently,  state  statute does  not  address                                                                    
     harassing  behavior specific  to 911  dispatch centers,                                                                    
     nor does  it give law enforcement  adequate recourse to                                                                    
     stop the behavior.                                                                                                         
                                                                                                                                
     This  problem is  not unique  to  Alaska. Other  states                                                                    
     have developed legislation  that makes interfering with                                                                    
     emergency  communications  an   arrestable  offense  --                                                                    
     which   is  the   most  effective   way  to   stop  the                                                                    
     interference -- thus  allowing 911 telecommunicators to                                                                    
     focus on legitimate emergencies.                                                                                           
                                                                                                                                
3:47:03 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW proceeded with invited testimony.                                                                                    
                                                                                                                                
3:47:25 PM                                                                                                                    
                                                                                                                                
JAMES COCKRELL, Commissioner, Department  of Public Safety (DPS),                                                               
expressed support for  the proposed legislation on  behalf of the                                                               
department.   He  said the  bill was  long overdue,  as emergency                                                               
dispatch  was  a  lifeline  to  law  enforcement  officers.    He                                                               
indicated  that emergency  dispatch  was  plagued by  individuals                                                               
continuing to  call 911 in  an attempt to interfere  or complain.                                                               
He concluded by  stating that SB 38  would act as a  tool to stop                                                               
people from making continuous obstructive 911 calls.                                                                            
                                                                                                                                
3:49:55 PM                                                                                                                    
                                                                                                                                
JOEL   BUTCHER,    President,   Association    of   Public-Safety                                                               
Communications Officials; National  Emergency Numbers Association                                                               
(NENA),  stated  his support  for  the  proposed legislation,  as                                                               
there  was no  existing statute  that criminalized  this type  of                                                               
activity.   He  clarified that  the bill  was not  an attempt  to                                                               
penalize a person who called 911  in error.  Instead, SB 38 would                                                               
provide  dispatchers  the  ability   to  warn  callers  of  their                                                               
behavior  and  provide  law enforcement  with  the  authority  to                                                               
arrest as a last result.                                                                                                        
                                                                                                                                
3:51:18 PM                                                                                                                    
                                                                                                                                
JACOB   BUTCHER,   Communications  Manager,   Mat-Com   Dispatch,                                                               
expressed  support for  the proposed  legislation.   He explained                                                               
that nonemergency calls  to 911 were often handled  in stride and                                                               
redirected  to   the  appropriate  resource;  however,   in  some                                                               
instances,  explanation  and  education were  not  sufficient  to                                                               
surmount  the disruption  caused  by  intentional disorderly  and                                                               
harassing calls  to the 911  center.   He attested to  several of                                                               
such  occasions in  which  emergency  dispatch was  intentionally                                                               
disrupted.    He  pointed  out that  in  most  true  emergencies,                                                               
seconds count.  For that reason,  he stated SB 38 would provide a                                                               
mechanism  with  which law  enforcement  could  react swiftly  to                                                               
resolve  these  disruptions  to Alaska's  central  public  safety                                                               
infrastructure.   Quick resolution would  free up the  911 lines,                                                               
unencumber  the emergency  telecommunicators and  responders, and                                                               
expedite  resources   to  Alaskans   with  true   time  sensitive                                                               
emergencies, he said.                                                                                                           
                                                                                                                                
3:54:25 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW shared  his understanding  that  the legislation  was                                                               
accompanied by a zero fiscal note.                                                                                              
                                                                                                                                
COMMISSIONER COCKRELL confirmed that is correct.                                                                                
                                                                                                                                
3:54:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  inquired  asked  how  emergency  personnel                                                               
would assess whether a person  "knowingly" called.  Additionally,                                                               
she asked how individuals with  behavioral health issues would be                                                               
addressed.                                                                                                                      
                                                                                                                                
COMMISSIONER  COCKRELL outlined  the procedures,  indicating that                                                               
the  first step  was  to warn  the caller.    If that  individual                                                               
continued to call, he/she would  be making those calls knowingly,                                                               
he said.   Regarding  mental health concerns,  he stated  that it                                                               
would be up to the officer to  discern and assess the caller.  He                                                               
pointed out  that disruptive calls  were typically coming  from a                                                               
person  who  had an  unfavorable  interaction  with police.    He                                                               
reiterated  that the  intent was  to protect  dispatchers, noting                                                               
that many other states had enacted similar laws.                                                                                
                                                                                                                                
REPRESENTATIVE STORY opined that  a person with behavioral health                                                               
issues should not be arrested.   She asked whether Soldotna had a                                                               
Crisis Now unit.                                                                                                                
                                                                                                                                
COMMISSIONER  COCKRELL  answered  no;   however,  he  shared  his                                                               
understanding that  a Crisis  Now unit  was being  set up  in the                                                               
Matanuska-Susitna (Mat-Su) Valley.                                                                                              
                                                                                                                                
3:59:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C. JOHNSON asked  whether other types of emergency                                                               
communications  were   being  interfered  with  other   than  911                                                               
dispatch centers.                                                                                                               
                                                                                                                                
MS.   MARTIN    highlighted   the   definition    of   "emergency                                                               
communications" in  the bill,  which included  communication made                                                               
to or from  an emergency communications center  or between police                                                               
fire, or medical service personnel.                                                                                             
                                                                                                                                
REPRESENTATIVE C.  JOHNSON inquired about an  emergency broadcast                                                               
station, for  example.  He  suggested amending the  definition to                                                               
include all types of emergency  communications, including the act                                                               
of stopping a police officer to talk with him/her.                                                                              
                                                                                                                                
COMMISSIONER   COCKRELL   explained    that   the   examples   of                                                               
interference  offered by  Representative  C.  Johnson would  most                                                               
likely be  charged with a  different crime.  Further,  he pointed                                                               
out that  most radio communications  between law  enforcement and                                                               
emergency medical services (EMS) was encrypted.                                                                                 
                                                                                                                                
4:03:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  suggested   including  interference  with                                                               
municipalities' emergency management systems in the bill.                                                                       
                                                                                                                                
MS.  MARTIN discussed  a similar  piece of  legislation that  was                                                               
identical  to SB  38  with  an added  section  pertaining to  the                                                               
physical destruction  of emergency  communication infrastructure.                                                               
She explained that the provision  was removed because the conduct                                                               
was already a crime.                                                                                                            
                                                                                                                                
4:04:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  asked whether  the  bill  would help  with                                                               
employee retention.                                                                                                             
                                                                                                                                
COMMISSIONER COCKRELL said  that was a goal,  expressing his hope                                                               
that SB  38 would set a  new standard and discourage  people from                                                               
harassing dispatchers.                                                                                                          
                                                                                                                                
4:05:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER expressed support  for the concept of SB
38.  He suggested that although  caller ID was utilized, a person                                                               
other than  the registered owner  of the phone could  have placed                                                               
the call.  He asked how  a law enforcement officer would identify                                                               
the true caller.                                                                                                                
                                                                                                                                
MS. MARTIN said often, callers  provide their name.  Further, law                                                               
enforcement officers  would be sent immediately  to actively stop                                                               
the disruptive calls from continuing.                                                                                           
                                                                                                                                
COMMISSIONER  COCKRELL pointed  out  that any  police action  was                                                               
accompanied by an investigation.   Additionally, any arrest would                                                               
be  supported by  probably cause  and a  submitted report  to the                                                               
district attorney.  He encouraged  the committee not to overthink                                                               
the legislation.                                                                                                                
                                                                                                                                
4:07:41 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony  on SB 38.  After ascertaining                                                               
that no  one online  or in  person wished  to testify,  he closed                                                               
public testimony.  He announced that SB 38 would be held over.                                                                  
                                                                                                                                
4:08:46 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 4:08                                                               
p.m.                                                                                                                            
| Document Name | Date/Time | Subjects | 
|---|---|---|
| HB 146 DPS Presentation 04.13.23.pdf | HSTA       4/13/2023 3:00:00 PM | HB 146 | 
| HB 146 Transmittal Letter 03.28.23.pdf | HSTA       4/13/2023 3:00:00 PM | HB 146 | 
| HB 146 Hearing Request 04.07.23.pdf | HSTA       4/13/2023 3:00:00 PM | HB 146 | 
| HB0146A.PDF | HSTA       4/13/2023 3:00:00 PM | HB 146 | 
| HB146 Sectional Analysis Version-A 04.07.23.pdf | HSTA       4/13/2023 3:00:00 PM | HB 146 | 
| SB 38 v. A.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 FN 3 DOC 2.1.23.PDF | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 Sponsor Statement 1.17.2023.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 FN 4 DOL 2.1.23.PDF | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 FN 5 DPS 2.1.23.PDF | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 FN 6 DOA LAS OPA 3.13.23.PDF | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 FN 7 DOA LAS PDA 3.13.23.PDF | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 Letter of Support 2.7.23.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 Letters of Support as of 1.23.23.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 Letters of Support as of 3.20.23.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 | 
| SB 38 Sectional Analysis v. A 1.17.2023.pdf | HSTA       4/13/2023 3:00:00 PM | SB  38 |