Legislature(2019 - 2020)DAVIS 106
03/10/2020 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB287 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 287 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
March 10, 2020
8:05 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Bryce Edgmon, Vice Chair
Representative John Lincoln
Representative Chuck Kopp
Representative Dan Ortiz
Representative Sarah Vance
MEMBERS ABSENT
Representative Dave Talerico
COMMITTEE CALENDAR
HOUSE BILL NO. 287
"An Act requiring background investigations of village public
safety officer applicants by the Department of Public Safety;
relating to the village public safety officer program; and
providing for an effective date."
- MOVED CSHB 287(TRB) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 287
SHORT TITLE: VILLAGE PUBLIC SAFETY OFFICER GRANTS
SPONSOR(s): REPRESENTATIVE(s) KOPP
02/24/20 (H) READ THE FIRST TIME - REFERRALS
02/24/20 (H) TRB, JUD, FIN
02/26/20 (H) JUD AT 1:00 PM GRUENBERG 120
02/26/20 (H) <Bill Hearing Canceled>
03/03/20 (H) TRB AT 8:00 AM DAVIS 106
03/03/20 (H) Heard & Held
03/03/20 (H) MINUTE(TRB)
03/05/20 (H) TRB AT 8:00 AM DAVIS 106
03/05/20 (H) Heard & Held
03/05/20 (H) MINUTE(TRB)
03/10/20 (H) TRB AT 8:00 AM DAVIS 106
WITNESS REGISTER
REPRESENTATIVE CHUCK KOPP
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced changes made
to HB 287.
KEN TRUITT, Staff
Representative Chuck Kopp
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced changes made to HB 287 on behalf
of Representative Chuck Kopp, prime sponsor.
JACKIE PATA, Second Vice President
Central Council Tlingit & Haida Indian Tribes of Alaska
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 287.
ALEX CLEGHORN, Legal Director
Alaska Native Justice Center
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 287.
DEAN LOPEZ, VPSO Program Manager
Bristol Bay Native Association
Dillingham, Alaska
POSITION STATEMENT: Testified in support of HB 287.
MELANIE BAHNKE, President/CEO
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Testified in support of HB 287.
KENDRA KLOSTER, Executive Director
Native Peoples Action
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 287.
MARTHA KASSOCK, Program Administrator
Association of Village Council Presidents
Bethel, Alaska
POSITION STATEMENT: Testified during the hearing on HB 287.
KELSEY WALLACE, Communications Director
Native Peoples Action
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 287.
TIFFANY SIMMONS, Division Director
Tribal Development
Tanana Chiefs Conference
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 287.
CHRIS HATCH, VPSO Coordinator
Copper River Native Association
Tazlina, Alaska
POSITION STATEMENT: Testified in support of HB 287.
JOEL JACKSON
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified in support of HB 287.
WILL MAYO, Executive Director
Alaska Tribal Unity
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 287.
ELIZABETH MEDICINE CROW, President/CEO
First Alaskans Institute
Kake, Alaska
POSITION STATEMENT: Expressed appreciation for the substantive
changes proposed under HB 287.
ACTION NARRATIVE
8:05:49 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:05 a.m. Representatives
Edgmon, Lincoln, Kopp, Ortiz, Vance, and Zulkosky were present
at the call to order.
HB 287-VILLAGE PUBLIC SAFETY OFFICER GRANTS
8:06:29 AM
CHAIR ZULKOSKY announced that the only order of business would
be HOUSE BILL NO. 287, "An Act requiring background
investigations of village public safety officer applicants by
the Department of Public Safety; relating to the village public
safety officer program; and providing for an effective date."
[Before the committee, adopted as a working document on 3/5/20,
was the proposed committee substitute (CS) for HB 287, Version
31-LS1486\G, Radford, 3/3/20 ("Version G").]
8:06:50 AM
CHAIR ZULKOSKY announced that she would entertain a motion to
adopt an amendment by the sponsor of HB 287.
8:07:06 AM
REPRESENTATIVE EDGMON moved to adopt Amendment 1 to Version G,
which read as follows:
Page 4, line 31:
Delete "and"
Page 5, line 1, following "officer":
Insert "; and
(4) maintain insurance, independently or
with the assistance of the Department of Public
Safety, that includes coverage for premiums as
follows:
(A) workers' compensation insurance as
required under AS 23.30;
(B) comprehensive general liability
insurance, including professional practice insurance
for police with
(i) a limit not less than $1,000,000; and
(ii) the state, including an officer,
employee, or agent of the state, listed as an
additional named insured"
Page 7, following line 26:
Insert a new subparagraph to read:
"(B) of a sex offense as defined in
AS 12.63.100;"
Reletter the following subparagraphs accordingly.
Page 7, line 27, following "(A)":
Insert "or (B)"
Page 7, line 28, following "conviction":
Insert "and the Department of Public Safety
grants a waiver allowing the individual to access the
criminal justice information system"
Page 7, line 30, following "conviction":
Insert "and the Department of Public Safety
grants a waiver allowing the individual to access the
criminal justice information system"
Page 8, line 2:
Delete "three"
Insert "two"
Page 8, line 13:
Delete "use"
Insert "possession"
Page 9, lines 6 - 7:
Delete "commerce, community, and economic
development"
Insert "public safety"
Page 9, line 9:
Delete "department"
Insert "Department of Public Safety"
Page 9, lines 16 - 19:
Delete "the commissioner shall submit the
fingerprints and fees to the Department of Public
Safety for a report of criminal justice information
under AS 12.62 and a national criminal history record
check under AS 12.62.400"
Insert "the Department of Public Safety shall
conduct a criminal justice information and national
criminal history record check under AS 12.62"
Page 9, lines 24 - 25:
Delete "Department of Commerce, Community, and
Economic Development, the Department of Public
Safety,"
Insert "Department of Public Safety"
Page 9, lines 27 - 28:
Delete "Department of Commerce, Community, and
Economic Development,"
Page 10, following line 13:
Insert a new sub-subparagraph to read:
"(v) domestic violence and sexual assault
prevention and response procedures; and"
Page 10, lines 14 - 16:
Delete all material and insert:
"(B) 176 hours of instruction in
(i) emergency trauma technician training;
(ii) search and rescue training;
(iii) rural fire protection specialist
training."
Page 13, line 15, following the first occurrence of
"officer":
Insert "who is certified under AS 18.65.684"
Page 13, line 20:
Delete "management"
Insert "coordination"
Page 13, lines 28 - 29:
Delete "state, a municipality, or a village"
Insert "state or municipality"
Page 13, line 29, following "violation":
Insert "if the certified village public safety
officer has completed training in that field of
violation enforcement"
Page 14, line 10:
Delete "2,000"
Insert "2,500"
8:07:16 AM
CHAIR ZULKOSKY objected, for the purpose of discussion.
8:07:24 AM
REPRESENTATIVE CHUCK KOPP, Legislator, Alaska State Legislature,
as prime sponsor of HB 287, offered that Amendment 1 was a
response to written comments from the Department of Public
Safety (DPS) regarding an earlier version of HB 287, as well as
a result of speaking with grantees of the current Village Public
Safety Officer (VPSO) program. He stated that the first change
made was to put back into HB 287 the requirement to maintain a
liability insurance policy. He explained, "It is the
requirement of the state to provide public safety, but we were
requiring the grantees to fund the liability policy, and that is
an unfunded mandate; we want to recognize that as an unfunded
mandate." He said the grantees expressed that "the price
structure that they're getting is a good bargain," which makes
it easier for them to manage the program and partner with DPS.
Further the grantees expressed they felt that DPS had worked
hard to make the policy affordable. With grantee consensus, the
requirement would, under Amendment 1, be put back in HB 287.
8:10:01 AM
REPRESENTATIVE KOPP moved on to the part of Amendment 1 that
would make changes to page 7, line 27, of Version G. He said
this would clarify that all sex offense convictions would
disqualify someone to serve as a VPSO. Some other felonies, he
related, were no longer felonies in current statute, as crimes
such as possession have been changed to misdemeanor possession
if the offense had been the perpetrator's first, 10 years or
more had passed, and DPS had granted a waiver.
8:12:03 AM
KEN TRUITT, Staff, Representative Chuck Kopp, Alaska State
Legislature, on behalf of Representative Kopp, prime sponsor of
HB 287, told the committee the section on qualifications was to
create more flexibility for the grantee organizations, most of
which were federally recognized tribes already compacted with
the federal government and which, through sophisticated
programs, brought in and managed a great deal of federal money.
For most of the grantee organizations, Mr. Truitt added, the
VPSO program was the smallest grant program they ran and yet
also one of the most difficult to manage due to impediments in
regulation. Mr. Truitt reiterated that hiring someone "with a
background" was not a mandate; it would, however, make more
candidates available for consideration.
8:13:18 AM
REPRESENTATIVE KOPP reminded the committee that the VPSO program
served the "toughest" communities in Alaska, and that
recruitment and retention were a problem. He said that control
needed to be provided during the hiring process, and the VPSO
work group had to ensure statute did not contain any elements
that made it even tougher for VPSOs to do their jobs. He
related another change under Amendment 1 mirrored DPS VPSO
regulation in that a misdemeanor crime of domestic violence may
be waived after 10 years. Representative Kopp addressed another
change that would be made under Amendment 1: The total number
of DUI offenses a VPSO would be allowed would be two, not three.
8:16:09 AM
MR. TRUITT informed the committee that DPS requested the
colloquialism "use" be changed regarding controlled substances
to instead use "the statutory term of the possession statutes".
The next three changes dealt with the background investigation
statutes. Combining DPS and the Department of Commerce,
Community & Economic Development (DCCED) meant that several
lingering references to the latter needed to be removed from HB
287 for the purpose of concision. On page 9, line 9, it was
able to be seen from the context that the function therein was
one of DPS, and therefore references to DCCED were removed.
REPRESENTATIVE KOPP reiterated that DPS was the lead agency with
background associations and DCCED was associated with grants
management.
8:19:19 AM
MR. TRUITT informed the committee of a change that was made to
HB 287 regarding the addition of domestic violence and sexual
assault prevention response procedures into VPSO training
requirements. In addition, since the training hours could
change over time, the specific training hours were removed so as
not to bind DPS or DCCED.
REPRESENTATIVE KOPP explained that the 40-hour blocks for
emergency trauma technician (ETT), search and rescue, and rural
fire protection training could vary in hours, so rather than
work with a total number of 120, since the number might actually
be closer to 176, the latter number had been decided by grantee
consensus.
MR. TRUITT informed the committee that according to current
regulation, a VPSO may be hired before the officer completes
his/her law enforcement training, and since there were many
additional functions aside from law enforcement, it is possible
for a VPSO to indeed be working before having received law
enforcement training.
8:22:44 AM
REPRESENTATIVE KOPP added that the time between date of hire and
the time one became a VPSO, the regulatory framework of 24
months, would stay the same.
MR. TRUITT informed the committee that the next change pertained
to management of search and rescue operations being primarily a
state function, not a local, municipal, or village function, so
the language was changed to "coordination" to more accurately
reflect the role performed in search and rescue missions. Mr.
Truitt also let the committee know that another "village"
reference had been taken out.
8:26:20 AM
REPRESENTATIVE KOPP clarified that VPSOs may enforce the
criminal laws of the state or municipality, they may enforce the
statutes or ordinances of the state or municipality punishable
as a violation. He stressed that the above could be enforced if
the certified VPSO had completed training. Regarding traffic
enforcement, where there were a lot of miles between villages,
VPSOs who had gone through training would be eligible to enforce
traffic laws.
8:27:44 AM
MR. TRUITT informed the committee that the last change addressed
population shifts that might occur, and therefore not limiting
grantees to only 2,000.
8:28:38 AM
REPRESENTATIVE ORTIZ asked Representative Kopp to summarize the
overall intent of the changes and from where they originated.
8:28:57 AM
REPRESENTATIVE KOPP replied that the overall intent was to
clearly define the duties of VPSOs, the sponsors, and the work
group, as well as to clarify the operations of the grantees,
since they were the ones who orchestrated the VPSO program. The
work group had taken into consideration suggestions from DPS,
making it clear that no one with any felony sex offense
conviction could be employed as a VPSO, and had ensured that the
definitions were such that they provided for the best balance of
flexibility.
8:30:10 AM
REPRESENTATIVE ORTIZ confirmed that DPS still oversaw VPSOs, and
that DCCED ran the money.
8:31:45 AM
REPRESENTATIVE VANCE asked who made the final hiring decision
and how that process worked.
8:31:58 AM
REPRESENTATIVE KOPP replied that the final hiring process was a
collaborative one in response to VPSO solicitation. If the
grantee organization, the final hiring authority, agreed to hire
a person, then he/she would begin the background investigation,
which involved DPS. If there were a disqualifying offense for
something that happened to be a misdemeanor today, a waiver
would be sought. The final hire was still the grantee
organization, he added, but DPS must agree.
8:33:27 AM
REPRESENTATIVE VANCE asked whether there were a "glide path" to
go from VPSO to trooper, because she surmised it would be
advantageous to have troopers in rural areas since they had more
training.
8:34:27 AM
REPRESENTATIVE KOPP replied that VPSOs could move on to becoming
troopers. He said he knew some personally who have done so. He
pointed out VPSOs do have as much training as troopers; they are
employed through grantee organizations instead of through the
state. He imparted that VPSOs are underpaid and underrecognized
for the work that they do, which circles back to the recruitment
and retention issue. More flexibility in funding for VPSOs is
the main thrust behind HB 287, he reiterated. Raising the
status of a VPSO would also be helpful so that young people
would aspire to become one. Finally, he added that some
communities do not want a trooper to come in but instead rather
would have their local VPSOs supported.
8:38:35 AM
CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 1. There being no further objection, Amendment 1 was
adopted.
8:38:53 AM
The committee took an at-ease from 8:38 a.m. to 8:39 a.m.
8:39:30 AM
CHAIR ZULKOSKY opened public testimony on HB 287.
8:39:59 AM
JACKIE PATA, Second Vice President, Central Council Tlingit &
Haida Indian Tribes of Alaska, imparted to the committee that
flexibility to reprogram funding was especially helpful to "boat
and plane" communities. She added that localization of public
safety services was a favorable aspect of HB 287. She added
that the proposed legislation would provide opportunities for
communities to become more engaged in the consultation process
and participate in the government-to-government relationship.
8:42:25 AM
ALEX CLEGHORN, Legal Director, Alaska Native Justice Center,
said that the Alaska Native Justice Center (ANJC) was very
supportive of tribes building their own infrastructure for
public safety. He informed the committee that the VPSO program
was designed to provide public safety in rural Alaska and that,
in preparation for his testimony, he learned that rural Alaska
had the worst record for public safety anywhere in Alaska. Mr.
Cleghorn said the program was expected to deliver services
outside the existing statutes, and administering the program has
been a challenge because the statutes have not been clear. He
also informed the committee that VPSO involvement in sexual
assault cases increased the likelihood for prosecution.
8:44:35 AM
DEAN LOPEZ, VPSO Program Manager, Bristol Bay Native
Association, testified in support of HB 287 and told the
committee that Bristol Bay Native Association appreciated the
work that had been done.
8:45:53 AM
MELANIE BAHNKE, President/CEO, Kawerak, said that HB 287 was a
prime example of what regional equity in budgeting meant.
Alaska residents are equal, Ms. Bahnke continued, and state
services should be available to Alaskans regardless of where
they reside. "Hands have been tied" due to restrictions in
statute, she stated, and the ability to direct resources has
also been hindered. As some grantees are currently prohibited
from expending resources, even on housing or holding cells,
there would be a lot of gratitude for a new direction, she said.
8:48:28 AM
KENDRA KLOSTER, Executive Director, Native Peoples Action,
testified during the hearing on HB 287 as a mother of two
showing support for more public safety for future citizens in
their homes and communities, both urban and rural. She stated
that Alaska was failing with only one in three villages having a
VPSO, and she said she was looking forward to improvement under
HB 287.
8:50:51 AM
MARTHA KASSOCK, Program Administrator, Association of Village
Council Presidents, said there is a well-documented public
safety crisis in rural Alaska, and the VPSO program is an
important component that must be supported. She related that
tribes feel it is very effective to have VPSOs in the community.
8:53:38 AM
KELSEY WALLACE, Communications Director, Native Peoples Action,
commended the VPSO group as a mother, as communities deserved to
have someone to turn to when something happened in the
community. Ms. Wallace related a story of her friend's home
that was broken into while her friend was home alone. The
perpetrator had been very persistent, and Ms. Wallace had called
911, at which time she was told there was no one available. By
the time the on-call trooper had been able to come, neighbors
had come to Ms. Wallace's friend's aid, even helping her board
up her broken window and letting her stay at their house. The
main question was what would have happened if the neighbors
hadn't been there. Ms. Wallace urged passage of HB 287 for the
purpose of safer communities.
8:57:27 AM
TIFFANY SIMMONS, Division Director, Tribal Development, Tanana
Chiefs Conference, testified in support of HB 287. As Ms.
Simmons related, due to restrictions placed on them, VPSOs have
felt demoralized, and HB 287 would be a step in the right
direction in terms of reversing that.
8:59:02 AM
CHRIS HATCH, VPSO Coordinator, Copper River Native Association,
testified in support of HB 287, especially the aspect which
would allow for more flexibility, which he said would strengthen
the Copper River Native Association immeasurably.
8:59:50 AM
JOEL JACKSON, Organized Village of Kake, testified in support of
HB 287. He said he believed more work needed to be done to
recruit VPSOs. He added that police protection needs to be
present in all areas.
9:02:45 AM
WILL MAYO, Executive Director, Alaska Tribal Unity, told the
committee Alaska Tribal Unity has appreciated the VPSO program
over the years, and HB 287 gave Alaska Tribal Unity a lot of
hope. Mr. Mayo echoed others in his voicing of concerns with
recruitment and retention due to restrictions with the law.
Some changes had been made to try to meet the needs of the
villages, he said, but still there were just four VPSOs for 37
recognized tribes. He said flexibility in budgeting would help
address both the real need on the ground and the structuring of
the program.
9:06:46 AM
ELIZABETH MEDICINE CROW, President/CEO, First Alaskans
Institute, said she wished to recognize all young people who
would be served by a "cleaner way" for public safety and law
enforcement to operate. Ms. Medicine Crow admitted it had been
difficult for the VPSO program to work against insurmountable
odds, with almost no funding. She stated that equity was needed
in public safety and expressed her appreciation for the
substantive changes in HB 287. Ms. Medicine Crow said outcomes
in public safety would be better with HB 287.
9:12:54 AM
CHAIR ZULKOSKY closed public testimony on HB 287.
9:13:31 AM
REPRESENTATIVE LINCOLN moved to report CSHB 287, Version 31-
LS1486\G, Radford, 3/3/20, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 287(TRB) was reported out of the
House Special Committee on Tribal Affairs.
9:14:20 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:14 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 287 Supporting Material ATU Resolution 2019-06 2.28.2020.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| ATU HB287 Support letter.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| ATU Resolution 2019-06.pdf |
HTRB 3/10/2020 8:00:00 AM |
|
| ADOPTED VPSO Working Group Report Recommendations & Findings.pdf |
HTRB 3/10/2020 8:00:00 AM |
|
| CSHB287 VPSO Fiscal Note.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| CSHB287.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| DPS Considerations for HB 287.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| HB287 Training Academy Fiscal Note.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| CSHB287 CRA Fiscal Note.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| HB287 CJIS Fiscal Note.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| Public testimony received by 3.9.2020.pdf |
HTRB 3/10/2020 8:00:00 AM |
|
| HB 287 amendment G.1.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |
| HB 287 Rep Kopp memo to HTRB on DPS 3-4-2020 letter 3.10.2020.pdf |
HTRB 3/10/2020 8:00:00 AM |
HB 287 |