Legislature(2013 - 2014)BUTROVICH 205

02/11/2014 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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03:32:33 PM Start
03:33:23 PM SB98
04:27:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 98 VPSO FIREARMS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                       February 11, 2014                                                                                        
                           3:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Peter Micciche, Chair                                                                                                   
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Dennis Egan                                                                                                             
Senator Click Bishop                                                                                                            
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 98                                                                                                              
"An Act relating to Department of Public Safety regulations                                                                     
allowing village public safety officers to carry firearms."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  98                                                                                                                  
SHORT TITLE: VPSO FIREARMS                                                                                                      
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
04/05/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/13       (S)       CRA, STA                                                                                               
02/11/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DONALD OLSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska,                                                                                                                 
POSITION STATEMENT: SB 98 Sponsor.                                                                                            
                                                                                                                                
DAVID SCOTT, Staff for Senator Olson                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SB 98.                                                                            
                                                                                                                                
COLONEL JAMES COCKRELL, Director                                                                                                
Alaska State Troopers                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Stated that the Alaska State Troopers                                                                     
supports SB 98.                                                                                                                 
                                                                                                                                
TERRY VRABEC, Deputy Commissioner                                                                                               
Alaska Department of Public Safety                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Stated that the Alaska Department of Public                                                               
Safety supports SB 98.                                                                                                          
                                                                                                                                
GARY FOLGER, Commissioner                                                                                                       
Alaska Department of Public Safety                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
SERGEANT JODY POTTS, VPSO Director                                                                                              
Tanana Chiefs Conference                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
ANNE SEARS, Representative                                                                                                      
Public Safety Employees Association                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
KATHIE WASSERMAN, representing herself                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
JOY HUNTINGTON, Representative                                                                                                  
Tanana Chiefs Conference                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Did not indicate a position on SB 98.                                                                     
                                                                                                                                
JOE MASTERS, representing himself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 98.                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:32:33 PM                                                                                                                    
CHAIR  PETER MICCICHE  called the  Senate Community  and Regional                                                             
Affairs Standing Committee meeting to  order at 3:32 p.m. Present                                                               
at  the call  to  order were  Senators  Egan, Bishop,  Vice-Chair                                                               
Giessel, and Chair Micciche.                                                                                                    
                                                                                                                                
CHAIR MICCICHE welcomed Senator Olson to the meeting.                                                                           
                                                                                                                                
                      SB  98-VPSO FIREARMS                                                                                  
                                                                                                                                
3:33:23 PM                                                                                                                    
CHAIR MICCICHE  announced that the  purpose of the meeting  is to                                                               
hear SB  98; an act relating  to the Alaska Department  of Public                                                               
Safety (DPS) regulations allowing  Village Public Safety Officers                                                               
(VPSO)  to carry  firearms. He  noted that  Senator Olson  is the                                                               
bill's sponsor. He  said it is his  intent to not pass  SB 98 out                                                               
of  committee  at  today's  meeting.  He  specified  that  public                                                               
testimony and  committee discussion will commence  today. He said                                                               
SB 98  will be back  before the  committee at the  next scheduled                                                               
meeting.                                                                                                                        
                                                                                                                                
3:33:51 PM                                                                                                                    
SENATOR HOFFMAN joined the committee meeting.                                                                                   
                                                                                                                                
3:34:01 PM                                                                                                                    
SENATOR DONALD  OLSON, Alaska State Legislature,  Juneau, Alaska,                                                               
bill sponsor,  introduced SB 98. He  said part of the  reason why                                                               
he brought SB 98 forward is  because over the last several years,                                                               
as we have  seen our society become more and  more violent, there                                                               
has been more  and more violence against the  VPSO in particular.                                                               
He disclosed that  there have been two deaths in  the Bristol Bay                                                               
area and areas outside of his  district. He specified that in his                                                               
district,  District  T, there  were  two  bouts with  force  that                                                               
involved a gun and resulted in  a VPSO being severely injured. He                                                               
said the recent incidences is reason  it is about time that SB 98                                                               
be brought  forward in order to  go ahead and try  and remedy the                                                               
situation where VPSOs  on the front lines have  little backup. He                                                               
asserted that SB  98 will provide protection for  VPSOs to defend                                                               
themselves as  well as  community members.  He explained  that in                                                               
regulation  a   prohibition  exists  against  VPSOs   having  and                                                               
carrying firearms.  He explained  that SB 98  will take  away the                                                               
prohibition  and  allow  individual "nonprofits"  to  decide  for                                                               
their respective  boroughs whether  to go  ahead and  allow their                                                               
VPSO to carry firearms.                                                                                                         
                                                                                                                                
3:35:47 PM                                                                                                                    
DAVID SCOTT,  Staff for Senator Olson,  Alaska State Legislature,                                                               
Juneau,  Alaska,  informed  the  committee  that  SB  98  clearly                                                               
establishes  the legislature's  intent that  VPSOs be  allowed to                                                               
carry firearms.  He said SB 98  sets forth that VPSOs  would have                                                               
to meet  satisfactory training requirements. He  noted that since                                                               
SB 98  was introduced  during the  2013 legislative  session, DPS                                                               
has drafted regulations to allow  properly trained VPSOs to carry                                                               
firearms while on duty. The  regulations also detail training and                                                               
oversight requirements.  He said passage  of SB 98 will  make the                                                               
state's  support  clear and  unambiguous  for  allowing VPSOs  to                                                               
carry firearms.                                                                                                                 
                                                                                                                                
MR.  SCOTT recounted  that in  March 2013,  there was  a horrible                                                               
incident where an unarmed VPSO  in Manokotak was shot and killed,                                                               
leaving a  lot of  folks very  disturbed in the  area as  well as                                                               
around  the state.  He said  the  Manokotak incident  was also  a                                                               
reminder of the  1986 slaying of another VPSO in  the Bristol Bay                                                               
region  of Naknek.  He set  forth that  VPSOs often  work without                                                               
backup  in remote  locations where  a  call to  the Alaska  State                                                               
Troopers (AST) can mean hours or days before backup arrives.                                                                    
                                                                                                                                
He asserted  that Senator Olson  feels that it is  not reasonable                                                               
to continue  to ask  VPSOs to walk  unarmed into  situations that                                                               
pose obvious personal  danger. He added that it  is the sponsor's                                                               
hope  that arming  the  first responders  will  have a  deterrent                                                               
effect in providing safety to  VPSOs and communities. He informed                                                               
the committee that  SB 98 does not require VPSOs  to be armed. He                                                               
noted  that while  the  state funds  the  VPSO program,  provides                                                               
officer  training  and  administrative support,  it  is  Alaska's                                                               
regional native  associations that hire  VPSOs and work  with the                                                               
communities where  they are posted.  He asserted that  the wishes                                                               
of  individual   communities  must  be  respected   and  everyone                                                               
involved  must  have  a  thorough   understanding  of  the  issue                                                               
surrounding VPSOs,  which is why  there is no  mandatory language                                                               
inside the bill.                                                                                                                
                                                                                                                                
3:38:23 PM                                                                                                                    
He revealed  that Senator Olson's  office as well as  the sponsor                                                               
in  the other  body's office  was notified  last week  of a  VPSO                                                               
program oversight  that DPS is  in the process of  rectifying. He                                                               
informed  the committee  that Colonel  Cockrell will  address the                                                               
specific  issue. He  added that  Deputy Commissioner  Vrabec will                                                               
provide  detailed information  about  the  VPSO weapons  training                                                               
program that the DPS will administer.                                                                                           
                                                                                                                                
CHAIR MICCICHE  asked for a  summary regarding VPSO  work session                                                               
and stakeholder meeting that occurred.                                                                                          
                                                                                                                                
MR.  SCOTT replied  that  he has  listened to  a  portion of  the                                                               
meeting and read the sponsor's  companion bill. He stated that he                                                               
will provide a summary to the committee at the next meeting.                                                                    
                                                                                                                                
CHAIR  MICCICHE  replied  that  a summary  would  be  helpful  in                                                               
understanding  the point  of view  of those  most exposed  to the                                                               
VPSO program on a daily basis.                                                                                                  
                                                                                                                                
3:40:44 PM                                                                                                                    
COLONEL   JAMES  COCKRELL,   Director,  Alaska   State  Troopers,                                                               
Anchorage, Alaska, supports SB 98.                                                                                              
                                                                                                                                
3:40:55 PM                                                                                                                    
TERRY VRABEC,  Deputy Commissioner,  Alaska Department  of Public                                                               
Safety, Juneau, Alaska, supports SB 98.                                                                                         
                                                                                                                                
COLONEL COCKRELL addressed the situation  pertaining to a current                                                               
VPSO that has a felony  conviction, something that is against the                                                               
regulations.  He  noted   that  he  will  explain   the  kind  of                                                               
procedures  that DPS  has taken  to follow  up on  the issue.  He                                                               
recounted  that  he reviewed  the  individual's  when the  felony                                                               
issue was  brought to  his attention. During  the file  review he                                                               
noted that  DPS had  given the  nonprofit a  waiver to  allow the                                                               
person to  be hired as a  VPSO. He specified that  the individual                                                               
was charged on several counts  in 1999 and eventually pleaded out                                                               
to  third degree  assault  in  2000. He  explained  that the  DPS                                                               
Commissioner referred to  a provision that allowed  for a waiver.                                                               
He noted that the provision  did not specify waiver allowance. He                                                               
noted that  the DPS  Commissioner provided  the nonprofit  with a                                                               
waiver to  hire the individual  with a felony and  the individual                                                               
is still  employed as a VPSO.  He set forth that  referencing the                                                               
incident was done to make sure  that DPS was transparent and open                                                               
with the discovery.                                                                                                             
                                                                                                                                
3:43:01 PM                                                                                                                    
SENATOR  GIESSEL asked  if DPS  will  put in  place criteria  for                                                               
psychological testing and background  checks to permit weapons to                                                               
be  carried.  She said  she  is  not  opposed  to the  bill,  but                                                               
asserted that  there is going  to have  to be more  screening and                                                               
training.                                                                                                                       
                                                                                                                                
COLONEL COCKRELL  replied that DPS  is in favor of  arming VPSOs.                                                               
He concurred  that there is  going to be  a process that  will be                                                               
different than  unarmed VPSOs, including  different psychological                                                               
tests,  polygraph, strict  firearms training  in addition  to the                                                               
current  use of  force  training provided  at  the Public  Safety                                                               
Training Academy (PSTA).                                                                                                        
                                                                                                                                
SENATOR GIESSEL  asked to confirm  that the AST  training happens                                                               
in Sitka.                                                                                                                       
                                                                                                                                
COLONEL COCKRELL answered correct.                                                                                              
                                                                                                                                
SENATOR GIESSEL asked  to clarify that VPSOs receive  part of the                                                               
AST training. She asked exactly what the VPSO training entails.                                                                 
                                                                                                                                
3:44:37 PM                                                                                                                    
MR. VRABEC confirmed that DPS' PSTA  is located in Sitka. He said                                                               
municipal officers,  state agency officers like  park rangers, as                                                               
well as AST  are trained at PSTA.  He set forth that  DPS is very                                                               
proud of  PSTA and the training  program. He said VPSOs  are also                                                               
trained  at  PSTA as  a  separate  academy. The  VPSO  candidates                                                               
receive similar  training, but VPSOs do  a lot more than  some of                                                               
the traditional law enforcement.  He specified that VPSOs receive                                                               
extensive  fire,  search  and   rescue,  and  additional  medical                                                               
training over a 10 week period  with an additional 2 weeks at the                                                               
Fire Training Academy. He summarized  that VPSOs receive 12 weeks                                                               
total  training  at  PSTA.  He said  compared  to  the  Municipal                                                               
Academy, which is more traditional  law enforcement, the training                                                               
period  is  15 to  18  weeks  and is  dependent  on  the type  of                                                               
officer. He  specified that the  Municipal Academy is a  900 plus                                                               
hour academy  where the  VPSO Academy  is approximately  600 plus                                                               
hours.                                                                                                                          
                                                                                                                                
He referenced  SB 98  and noted  that DPS  supports the  bill. He                                                               
noted  talking  to PSTA's  Commander  regarding  the addition  of                                                               
firearms  training  for  VPSOs.  He specified  that  the  current                                                               
firearms training  is more than  firearm use,  there is a  lot of                                                               
training that goes  into teaching someone carrying  a weapon when                                                               
not to shoot. He explained that  when PSTA talks about the use of                                                               
deadly force, there is a continuum  for the moment a hand is laid                                                               
on someone to place under arrest  up to the various tools that an                                                               
officer or  trooper may have on  their belt. He added  that there                                                               
is a  lot of  training besides  just the  range training  that an                                                               
officer must  meet and PSTA will  be just as adamant  with VPSOs.                                                               
MR. VRABEC said to be qualified  to carry a firearm an individual                                                               
must  pass the  firearms training  and there  will be  no rubber-                                                               
stamped certification  for candidates. He asserted  that the PSTA                                                               
takes the  use of  deadly force very  seriously and  the training                                                               
process is very  important to PSTA. He pointed out  that the PSTA                                                               
Commander is  very adamant that  he and  his staff can  develop a                                                               
good and safe training program.                                                                                                 
                                                                                                                                
3:47:33 PM                                                                                                                    
SENATOR  HOFFMAN  asked  if  PSTA   is  the  only  academy  where                                                               
individuals can receive firearms training.                                                                                      
                                                                                                                                
MR.  VRABEC  replied that  there  are  two other  academies:  the                                                               
Anchorage  Police  Department  and   the  University  of  Alaska-                                                               
Fairbanks runs  an accredited law  enforcement academy.  He noted                                                               
that  both  academies are  also  approved  by the  Alaska  Police                                                               
Standards Council as well as PSTA.                                                                                              
                                                                                                                                
SENATOR HOFFMAN  asked that  in order to  save on  expenses would                                                               
the existing  VPSOs be  able to get  training in  Anchorage since                                                               
they already received their other training PSTA.                                                                                
                                                                                                                                
MR.  VRABEC  answered that  the  topic  could be  discussed,  but                                                               
asserted that  his answer  is no because  some of  the equipment,                                                               
training, and  staff is specific  to PSTA  in Sitka. He  said DPS                                                               
can better train VPSOs at PSTA in Sitka.                                                                                        
                                                                                                                                
SENATOR EGAN addressed  training hours and noted  that Mr. Vrabec                                                               
said  600  hours  is  currently   required  for  the  basic  VPSO                                                               
training.  He asked  if the  VPSO firearms  training will  entail                                                               
additional training.                                                                                                            
                                                                                                                                
MR.  VRABEC answered  yes. He  said the  added firearms  training                                                               
will  be a  couple of  weeks, but  the exact  hours has  not been                                                               
determined.                                                                                                                     
                                                                                                                                
CHAIR MICCICHE clarified that the VPSO is a village's first-                                                                    
responder rather than  a police officer. He asked  to verify that                                                               
the  VPSO  receives  firefighting  as  well  as  law  enforcement                                                               
training.                                                                                                                       
                                                                                                                                
3:50:15 PM                                                                                                                    
MR. VRABEC replied yes. He  noted that VPSO receive some training                                                               
that police officers do not receive.                                                                                            
                                                                                                                                
CHAIR  MICCICHE   asked  if  VPSO  training   includes  nonlethal                                                               
solutions.                                                                                                                      
                                                                                                                                
MR. VRABEC  answered yes.  He specified  that VPSO  training does                                                               
not  involve firearms  to this  point. He  noted that  VPSOs have                                                               
several tools on  their belt and are  force-continuum trained for                                                               
the use of handcuffs, pepper spray devices, or Taser devices.                                                                   
                                                                                                                                
CHAIR MICCICHE  noted that  any non-felon  Alaskan that  passes a                                                               
background check  can carry a weapon  in the state of  Alaska. He                                                               
said there  clearly is a liability  issue. He asked if  there had                                                               
been actions against the state for  liability due to an injury or                                                               
fatality caused by an unarmed VPSO being in a bad situation.                                                                    
                                                                                                                                
MR.  VRABEC replied  that  he  was not  aware  of past  liability                                                               
issues and asked the Colonel Cockrell for his input.                                                                            
                                                                                                                                
3:52:03 PM                                                                                                                    
COLONEL COCKRELL answered that he  does not have direct knowledge                                                               
of any lawsuits initiated by a VPSO arrest.                                                                                     
                                                                                                                                
SENATOR  GIESSEL noted  Chair Micciche's  question  and asked  to                                                               
clarify that VPSOs  are employees of the  native corporations and                                                               
not  employees of  the state.  She inquired  why the  state would                                                               
carry the VPSO liability.                                                                                                       
                                                                                                                                
COLONEL  COCKRELL specified  that  when DPS  enters an  agreement                                                               
with the  nonprofits, they  sign a release  saying that  they are                                                               
responsible for VPSO liability. He pointed  out that he is not an                                                               
attorney  and  hates  to  get into  answering  what  the  state's                                                               
liabilities  are.  He noted  that  DPS  is  married to  the  VPSO                                                               
program by  providing oversight and  training. He set  forth that                                                               
he is unable  to answer questions regarding  state liability from                                                               
VPSO actions.                                                                                                                   
                                                                                                                                
SENATOR HOFFMAN addressed the liability  issue and noted that the                                                               
question  has come  up  in  the past.  He  specified that  public                                                               
safety is the  responsibility of the state. He said  the state is                                                               
contracting with  the nonprofits to  provide a service  on behalf                                                               
of the state of Alaska. He  noted that the issue of liability has                                                               
come up  and in  his opinion  is unanswered.  He pointed  out the                                                               
fact  that the  native corporations  are providing  a service  on                                                               
behalf of the state  of Alaska at a much reduced  cost in lieu of                                                               
a  trooper, something  that the  corporations understand  and are                                                               
more than willing to provide.                                                                                                   
                                                                                                                                
CHAIR  MICCICHE  noted that  great  points  were brought  up.  He                                                               
clarified that  his liability inquiry  was brought up  to address                                                               
the possibility for the proliferation  of VPSO liability suits in                                                               
the  past  and  possibly  the  future where  people  go  for  the                                                               
deepest-pockets. He  asked Mr.  Vrabec if  a VPSO  video overview                                                               
will be presented to the committee.                                                                                             
                                                                                                                                
MR.  VRABEC  confirmed  that  his  intent is  to  have  the  VPSO                                                               
presentation at the next meeting.                                                                                               
                                                                                                                                
3:55:44 PM                                                                                                                    
SENATOR  BISHOP  announced  that  he had  one  question  for  DPS                                                               
Commissioner  Folger.  He  addressed  a  quote  from  former  DPS                                                               
Commissioner  Masters  where  he  said he  was  offended  by  the                                                               
suggestions that the character and  quality of VPSOs is such that                                                               
they cannot safely be allowed to  carry firearms in the course of                                                               
their duties.  He asked DPS  Commissioner Folger if  he concurred                                                               
with former Commissioner Masters' assessment.                                                                                   
                                                                                                                                
3:56:02 PM                                                                                                                    
GARY FOLGER,  Commissioner, Alaska  Department of  Public Safety,                                                               
Anchorage, Alaska, answered that he does concur.                                                                                
                                                                                                                                
3:56:59 PM                                                                                                                    
CHAIR MICCICHE opened public testimony.                                                                                         
                                                                                                                                
3:57:18 PM                                                                                                                    
SERGEANT  JODY POTTS,  VPSO  Director,  Tanana Chiefs  Conference                                                               
(TCC), Fairbanks,  Alaska, supports  SB 98.  She said  she agreed                                                               
with previous  testimony that there  has been an increase  in the                                                               
level of violent  crime and officer assaults. She  stated that SB
98 is  important and noted her  background as a VPSO  in addition                                                               
to growing up in a village. She  noted her support for SB 98 as a                                                               
necessity  for  VPSO safety,  but  pointed  out her  reservations                                                               
concerning  the screening  process. She  detailed that  VPSOs are                                                               
not  armed  and individuals  go  through  a very  basic  criminal                                                               
background  checked.  VPSO  candidates  are  interviewed  by  the                                                               
nonprofit where  a decision is made  whether or not to  hire. She                                                               
asked that  the VPSO standards  be raised to include  a screening                                                               
process  to address  mental and  physical fitness,  especially to                                                               
address liability concerns  for the nonprofits. She  said she has                                                               
full  faith in  the VPSO  training at  PSTA. She  noted her  past                                                               
training experience  at PSTA was  very high quality  and prepares                                                               
VPSOs for work done out in  the field. She asserted that there is                                                               
a  lot that  is expected  of  VPSOs and  SB 98  will further  the                                                               
quality  and possibilities  for rural  Alaskans and  their public                                                               
safety measures.                                                                                                                
                                                                                                                                
4:00:22 PM                                                                                                                    
ANNE SEARS, Representative,  Public Safety Employees Association,                                                               
Anchorage, Alaska,  noted that she  has been a State  Trooper for                                                               
13 years and  spent 11 years in  the Bush; 7 years in  Nome and 4                                                               
years  in  Galena.  She  said   she  has  had  the  privilege  of                                                               
overseeing and  working with VPSOs  in Nome and Galena.  She read                                                               
the following prepared statement:                                                                                               
                                                                                                                                
     I am speaking  to the committee in support  of not only                                                                    
     the training  of armed VPSOs  to the standard  of other                                                                    
     certified police officers,  but the rigorous background                                                                    
     and psychological  "vetting" that should  accompany the                                                                    
     training  of an  armed VPSO.  Being a  certified police                                                                    
     officer is an incredible  responsibility. I carry a gun                                                                    
     and a badge,  and am authorized to shoot  in defense of                                                                    
     the   life  of   others  and   of  myself;   it  is   a                                                                    
     responsibility I  assume every  day when  I go  to work                                                                    
     and I  do not take lightly.  I did go through  one week                                                                    
     of handgun training  when I was at PSTA; it  was a week                                                                    
     of intense  training, but it  wasn't only just  the one                                                                    
     week.  During  the  entire  PSTA,  which  when  I  went                                                                    
     through  for the  troopers was  17  weeks all  together                                                                    
     back in 2001, during the  entire PSTA training, the use                                                                    
     of  force-continuum  was  emphasized from  a  certified                                                                    
     police  officer's mere  presence, which  is at  the low                                                                    
     end of  the use of  force-continuum to the  use through                                                                    
     the  use  of deadly  force;  it  was reemphasized  with                                                                    
     scenarios, not  just one week of  handgun training, but                                                                    
     every  week.   We  were  shown,  lectured   about,  and                                                                    
     listened  to audio  about shoot  and  don't shoot  real                                                                    
     life situations which we may  encounter as troopers and                                                                    
     police officers  every day.  Not only  the one  week of                                                                    
     handgun training and then the  everyday emphasis of use                                                                    
     of force,  we also  went through defensive  tactics and                                                                    
     that's  not just  in defense  of ourselves,  defense of                                                                    
     others,  but also  weapon  retention,  learning how  to                                                                    
     hold on to  our weapons, regain our weapons  if ever in                                                                    
     the off  chance came that  we did lose our  weapons. As                                                                    
     you all  know, we  did lose a  police officer  in Kenai                                                                    
     who was shot  with his own weapon, I think  it was five                                                                    
     or six years  ago. After PSTA, I had 14  weeks of field                                                                    
     training; that  field training is with  an experienced,                                                                    
     certified  police  officer.  I  was  exposed  daily  to                                                                    
     stressful,  sometimes  potential lethal  situations.  I                                                                    
     had the  benefit, even after field  training, of having                                                                    
     those  experienced officers,  not only  to back  me up,                                                                    
     but debrief  after high  risk calls  I was  exposed to.                                                                    
     Now  after 13  years of  being  a trooper,  I have  the                                                                    
     benefit  of working  side-by-side  with  other men  and                                                                    
     women who have had the same  training at PSTA as I had,                                                                    
     the same  field training as  I had after PSTA,  and can                                                                    
     trust their  decision making because of  their training                                                                    
     and their experience. If VPSOs  are armed, they need to                                                                    
     be afforded the same training  and experiences as I and                                                                    
     other fellow, certified  police officers have received.                                                                    
     In  order to  bear  the responsibility  of  the use  of                                                                    
     deadly  force, they  need the  same intense  background                                                                    
     investigation  and  training  as  any  other  certified                                                                    
     police officer;  that is what  we should expect  of our                                                                    
     VPSOs if  we arm them,  the training and  experience in                                                                    
     order to bear  the responsibility of the  use of deadly                                                                    
     force,  but the  same  background and  training as  any                                                                    
     other certified police officer  we can reasonably trust                                                                    
     we are  safe, that they  are safe, and the  public that                                                                    
     they serve and  we serve are safe as well.  If we don't                                                                    
     give  the VPSOs  the training  and experience  they are                                                                    
     entitled   to,  the   state  and   corporations  expose                                                                    
     themselves to  liabilities in a case  of wrongful death                                                                    
     or even  injury because of  their actions. I  feel that                                                                    
     if we  train the  VPSOs, give them  their arms,  and we                                                                    
     train  the VPSOs  to use  those handguns,  I think  the                                                                    
     state  does   bear  a  responsibility,  not   just  the                                                                    
     nonprofits that hire them in their different regions.                                                                      
                                                                                                                                
4:05:13 PM                                                                                                                    
CHAIR MICCICHE announced  that Ms. Sears was  roughly double over                                                               
her time limit.                                                                                                                 
                                                                                                                                
MS. SEARS summarized as follows:                                                                                                
                                                                                                                                
     Certified police officers  bear a heavy responsibility.                                                                    
     Every  day   we  go  to   work  we  bear   the  awesome                                                                    
     responsibility  of life  or death.  We  are vetted  and                                                                    
     then trained to be able  to bear the responsibility. We                                                                    
     do  not  take  it   lightly.  We  have  the  intestinal                                                                    
     fortitude with which to bear that responsibility.                                                                          
                                                                                                                                
CHAIR MICCICHE noted that the  police officer Ms. Sears mentioned                                                               
in Kenai was John Watson, a good friend and a good man.                                                                         
                                                                                                                                
4:06:38 PM                                                                                                                    
KATHIE WASSERMAN, representing  herself, Juneau, Alaska, supports                                                               
SB 98. She added that her  organization has not taken a committed                                                               
stand on  SB 98 and  the topic will  be discussed next  week. She                                                               
surmised that many  in her organization are in support  of SB 98.                                                               
She noted  her background  as a mayor  of two  remote communities                                                               
that used  the VPSO  program. She added  that her  husband taught                                                               
Emergency  Medical Services  (EMS)  and first  aid  at PSTA.  She                                                               
noted the  25 year problem with  the VPSO program where  the VPSO                                                               
is the only person  in town with a stick and  everyone else has a                                                               
gun.  She  noted  difficulty  in  the  VPSO  position  where  the                                                               
individual has to  respond to fires, EMS,  domestic disputes, and                                                               
situations  involving  alcohol.   She  asserted  that  additional                                                               
training will  be required should  SB 98 pass. She  remarked that                                                               
public safety is one of the main tenants of government.                                                                         
                                                                                                                                
4:09:20 PM                                                                                                                    
JOY   HUNTINGTON,  Representative,   Tanana  Chiefs   Conference,                                                               
Fairbanks, Alaska,  supports SB  98. She commended  Sargent Potts                                                               
for her excellent  job testifying earlier and noted  that she has                                                               
done a  great job while  acting as  an amazing role  model across                                                               
the  state  for young  women  everywhere.  She commended  Senator                                                               
Olson for  sponsoring SB  98. She revealed  that the  TCC's board                                                               
passed  a  resolution  that  supports the  safety  of  VPSOs  and                                                               
commends  the  state  of  Alaska for  recognizing  the  need  for                                                               
improved  safety measures  through legislation  to arm  VPSOs for                                                               
their safety and  the safety of communities. She  noted the VPSOs                                                               
receive retirement from the entity  they are working for, but not                                                               
from the  state. She asserted that  VPSOs put their lives  on the                                                               
line while  their families  are not  fully protected.  She called                                                               
attention to  the positive working  relationship between  DPS and                                                               
TCC.  She revealed  her difficulty  of  growing up  in a  village                                                               
without a VPSO.  She said an armed VPSO will  change the dynamics                                                               
in a  community and dispel  wrongful intent. She  summarized that                                                               
SB 98 will directly save lives and help people.                                                                                 
                                                                                                                                
4:12:53 PM                                                                                                                    
MIKE  COONS,  representing  himself,   Palmer,  Alaska,  said  he                                                               
submitted  two letters  for the  record.  He pointed  out to  the                                                               
committee that  he had acted as  a VPSO in Hooper  Bay. He voiced                                                               
his concern for VPSO administrative  protocol in the event a VPSO                                                               
uses a weapon. He noted the  expense the state is bearing for the                                                               
VPSO program  and asked that  the nonprofit corporations  pay for                                                               
more due to the direct impact on the native community.                                                                          
                                                                                                                                
4:15:48 PM                                                                                                                    
JOE  MASTERS, representing  himself, Anchorage,  Alaska, supports                                                               
SB 98.  He noted that  he was the  DPS Commissioner for  the past                                                               
five years  and was involved for  32 years. He said  he served as                                                               
started a  VPSO in the  village of Unalakleet,  municipal officer                                                               
in  Unalaska,   state  trooper  for   20  years,  and   then  DPS                                                               
Commissioner for five years. He  detailed that his responsibility                                                               
as  DPS  Commissioner entailed  oversight  for  both the  Uniform                                                               
Division as well as the VPSO program.                                                                                           
                                                                                                                                
MR. MASTERS  divulged that  he was one  of two  DPS Commissioners                                                               
that served  when a VPSO  was lost in the  line of duty.  He said                                                               
over the  past 35 years, VPSOs  are asked to respond  to criminal                                                               
offenses and act  as law enforcement officers in  the most remote                                                               
communities  with  the  possibility  for  very  little  immediate                                                               
backup.  He  noted  that  VPSOs  respond to  the  same  types  of                                                               
offences  and incidences  that police  officers respond  to on  a                                                               
daily  basis.   He  remarked   that  misdemeanor   incidences  or                                                               
violation offenses  can quickly escalate into  lethal events that                                                               
require  VPSOs  to defend  themselves.  He  asserted that  lethal                                                               
events do  not give  VPSOs the  luxury of  calling for  backup or                                                               
allow for retreat.  He noted the slow but steady  increase in the                                                               
uses of force against police  officers and VPSOs in Alaska. VPSOs                                                               
are  experiencing serious  assaults  at the  average  of one  per                                                               
month  over the  last couple  of years  with approximately  seven                                                               
incidences involving suspects  directly threatening officers with                                                               
firearms. He called attention to the following incidences:                                                                      
                                                                                                                                
      · Murder of VPSO Thomas Madole in Manokotak who was                                                                       
     responding to a misdemeanor in March 2013.                                                                                 
  · Southwest Alaska VSPOs assaulted with a shotgun where one                                                                   
     VPSO took pellets in the face.                                                                                             
    · Northwest Arctic VPSO was responding to an intoxicated                                                                    
     individual where the individual pointed an AR-15 at the                                                                    
     VPSO.                                                                                                                      
                                                                                                                                
He said  the types of  offenses against VPSOs in  communities are                                                               
escalating.  He   noted  that  assaults  against   Alaska  police                                                               
officers have  increased 66 percent  for injury assaults  and 137                                                               
percent for non-injury assaults since 2002.                                                                                     
                                                                                                                                
4:19:55 PM                                                                                                                    
He pointed  out that the concept  of arming VPSOs is  not new and                                                               
noted that  VPSOs could  be armed  when he started  as a  VPSO in                                                               
1982.  He revealed  that some  villages had  taken on  additional                                                               
liability  insurance for  their VPSOs.  He said  the practice  of                                                               
arming VPSOs ended in the mid  to late 1980s. He pointed out that                                                               
police officers  are not  the only officers  or employees  of the                                                               
state that carry  firearms as a regular part of  their duties. In                                                               
downtown  Anchorage  there are  armed  security  guards that  are                                                               
trained and certified to carry firearms  on a daily basis with no                                                               
incidents reported. He  said to think that  only certified police                                                               
officers can  carry handguns is  not a  very good stance  to take                                                               
nor would  it be  accurate to assume  that only  certified police                                                               
officers can  safely carry firearms  in the performance  of their                                                               
duties.                                                                                                                         
                                                                                                                                
MR. MASTERS  set forth that  there are  three things that  can be                                                               
done as follows:                                                                                                                
                                                                                                                                
   1. We do nothing and keep it status quo.                                                                                     
    2. Minimize risk by not placing VPSOs in the position of                                                                    
     responding to the types of offenses that could end up                                                                      
     taking their lives.                                                                                                        
   3. Take the steps necessary to allow VPSOs to be armed.                                                                      
                                                                                                                                
He asserted that allowing VPSOs to  be armed is the right way and                                                               
really the only  realistic way to move forward at  this point. He                                                               
said  he had  the  honor  of attending  the  funeral services  of                                                               
Thomas Madole  and going through  the services solidified  in his                                                               
mind that the state of decline requires VPSOs to be armed.                                                                      
                                                                                                                                
He summarized that  the VPSO program is changing,  the demands in                                                               
the communities  are changing, and  what the VPSOs are  facing is                                                               
certainly changing.  He asserted  that the reason  why SB  98 and                                                               
the companion  bill are receiving  such broad support  is because                                                               
it is the right thing to do.                                                                                                    
                                                                                                                                
4:23:04 PM                                                                                                                    
CHAIR MICCICHE noted  that he allowed Mr. Masters  to present his                                                               
full message due to his background with the VPSO program.                                                                       
                                                                                                                                
SENATOR HOFFMAN  thanked Mr. Masters  for taking time out  of his                                                               
private life  to come and  testify before the committee.  He said                                                               
the VPSO  program is a very  important issue to rural  Alaska. He                                                               
declared  gratitude for  Mr. Master's  public service  commitment                                                               
and  dedication to  Alaska's public  safety on  behalf of  the 62                                                               
communities  that he  represents  today and  the 150  communities                                                               
that he represented in the past.                                                                                                
                                                                                                                                
CHAIR MICCICHE announced  that no other members are  signed up to                                                               
testify.  He  noted that  the  bill's  fiscal note  does  include                                                               
additional  liability insurance,  if  calculated  on a  per-armed                                                               
VPSO basis the liability insurance seems to be sufficient.                                                                      
                                                                                                                                
4:24:49 PM                                                                                                                    
CHAIR MICCICHE announced  that SB 98 will be held  until the next                                                               
committee meeting.                                                                                                              
                                                                                                                                
SENATOR  BISHOP  stated  that  he   had  a  question  for  Deputy                                                               
Commissioner Vrabec  and a  comment. He asked  what would  be the                                                               
protocol should there be a firearm discharge from a VPSO.                                                                       
                                                                                                                                
MR. VRABEC replied  that regardless whether it was a  VPSO or any                                                               
type of shooting,  DPS is going to respond respectively  and do a                                                               
full investigation.  DPS takes any  type firearms  discharge very                                                               
seriously whether it  was a hunting issue or a  fishing issue. He                                                               
asserted  that there  is  no doubt  that the  public  is owed  an                                                               
investigation involving an officer shooting a firearm.                                                                          
                                                                                                                                
SENATOR  BISHOP commented  that he  supports VPSOs  receive their                                                               
training  at  PSTA in  Sitka  where  the troopers  receive  their                                                               
training.                                                                                                                       
                                                                                                                                
MR.  VRABEC  replied  that  he thanked  Senator  Bishop  for  his                                                               
support and asserted his belief  at the moment that VPSO training                                                               
at PSTA in Sitka is the best choice.                                                                                            
                                                                                                                                
CHAIR MICCICHE  addressed the  VPSO's other  duties and  asked if                                                               
some of the villages have a  team approach with search and rescue                                                               
training. He  also asked about  various training that  is offered                                                               
to VSPOs.                                                                                                                       
                                                                                                                                
4:26:39 PM                                                                                                                    
MR.  VRABEC  replied that  the  Sitka  Academy  offers a  lot  of                                                               
different trainings  in different  areas throughout the  year. He                                                               
noted  that  DPS,  police  departments,  and  the  Alaska  Police                                                               
Standards  Council  offer trainings  that  VPSOs  are allowed  to                                                               
attend.  He  explained  that  VPSOs are  not  officially  on  the                                                               
Special Response  Team, but the  VPSOs do  respond with AST  on a                                                               
regular basis to calls in hundreds  of areas with some being very                                                               
serious.                                                                                                                        
                                                                                                                                
CHAIR MICCICHE thanked  everyone for their testimony.  [SB 98 was                                                               
held in committee.]                                                                                                             
                                                                                                                                
4:27:29 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Micciche  adjourned  the  Senate  Community  and  Regional                                                               
Affairs Committee at 4:27 p.m.                                                                                                  

Document Name Date/Time Subjects
SB 98 Version A.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 - Sponsor Statement.docx SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 DPS Draft Revised VPSO Regs.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Alaska Dispatch Edgmon 9-13-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Arming VPSOs Work Session-Stakeholder Summary 9-26-2013.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Ralph Andersen - tesimony and BBNA resolutions 9-26-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document ADN Article 3-20-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Wasserman letter 2-3-14.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document McCarthy Letter 10-18-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document ADN Hames Letter to Editor 3-22-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Kamai.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Jon Shivel email 9-1-13.pdf SCRA 2/11/2014 3:30:00 PM
SB 98
SB 98 Supporting Document Ron Leighton 9-20-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Testimony with concerns Mike Coons - 2 letters.pdf SCRA 2/11/2014 3:30:00 PM
SB 98
SB 98 Concerns Document Robert Claus email 9-17-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Concerns Document Dimitri Philemonof - APIA -9-21-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Opposing Document Jimmy Stevens Sr. 8-12-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Fiscal Note DPS-VPSOP 2-6-13.pdf SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98
SB 98 Hiring Regs 13 AAC 96 080.docx SCRA 2/11/2014 3:30:00 PM
SSTA 3/4/2014 9:00:00 AM
SB 98