03/21/2023 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB23 | |
| SB63 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 23 | TELECONFERENCED | |
| += | SB 63 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 21, 2023
1:31 p.m.
MEMBERS PRESENT
Senator Forrest Dunbar, Chair
Senator Elvi Gray-Jackson
Senator Jesse Bjorkman
Senator Cathy Giessel
MEMBERS ABSENT
Senator Donald Olson, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 23
"An Act relating to the duties of the Alaska Police Standards
Council; relating to municipal correctional officers and
municipal correctional employees; making municipal police
officers subject to police standards; relating to the duties of
the Department of Public Safety; relating to reports of
incidents of use of force by state and municipal police,
probation, parole, and correctional officers and municipal
correctional facility employees; and providing for an effective
date."
- MOVED CSSB 23(CRA) OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act relating to restrictions on firearms and other weapons."
- MOVED SB 63 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 23
SHORT TITLE: LAW ENFORCEMENT: REGISTRY; USE OF FORCE
SPONSOR(s): SENATOR(s) GRAY-JACKSON BY REQUEST
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) CRA, STA
03/09/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/09/23 (S) Heard & Held
03/09/23 (S) MINUTE(CRA)
03/21/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 63
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) KAWASAKI
02/08/23 (S) READ THE FIRST TIME - REFERRALS
02/08/23 (S) CRA, JUD
02/23/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
02/23/23 (S) Heard & Held
02/23/23 (S) MINUTE(CRA)
03/21/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
LISA PURINTON, Bureau Chief
Criminal Records and Identification
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Explained the changes Amendment 1 made to SB
23.
SENATOR SCOTT KAWASAKI, District P
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 63.
ACTION NARRATIVE
1:31:47 PM
CHAIR FORREST DUNBAR called the Senate Community and Regional
Affairs Standing Committee meeting to order at 1:31 p.m. Present
at the call to order were Senators Gray-Jackson, Bjorkman, and
Chair Dunbar. Senator Giessel arrived immediately thereafter.
SB 23-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
1:32:37 PM
CHAIR DUNBAR announced the consideration of SENATE BILL NO. 23
"An Act relating to the duties of the Alaska Police Standards
Council; relating to municipal correctional officers and
municipal correctional employees; making municipal police
officers subject to police standards; relating to the duties of
the Department of Public Safety; relating to reports of
incidents of use of force by state and municipal police,
probation, parole, and correctional officers and municipal
correctional facility employees; and providing for an effective
date."
CHAIR DUNBAR stated this is the second hearing of SB 23, and
there is one amendment. He asked Senator Gray-Jackson to move
her amendment.
1:33:07 PM
SENATOR GIESSEL joined the meeting.
1:33:23 PM
SENATOR GRAY-JACKSON moved to adopt Amendment 1, work order 33-
LS0230\A.2, for SB 23.
33-LS0230\A.2
Radford
3/20/23
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR GRAY-JACKSON
TO: SB 23
Page 1, line 5, following "parole,":
Insert "pretrial services,"
Page 1, line 10, following the third occurrence of
"officer,":
Insert "pretrial services officer,"
Page 1, lines 12 - 13:
Delete "used deadly force or prepared to use
deadly force"
Insert "engaged in the use of force"
Page 2, line 2, following the second occurrence of
"officers,":
Insert "pretrial services officers,"
Page 2, line 30:
Delete "a new paragraph"
Insert "new paragraphs"
Page 2, line 31:
Delete all material and insert:
"(10) "pretrial services officer"
means a person who performs the duties assigned
in AS 33.07;
(11) "serious physical injury"
has the meaning given in AS 11.81.900(b);
(12) "use of force" means force
that causes a fatality or serious physical injury
or the discharge of a firearm at or in the
direction of another person in the course of an
interaction between a police officer, probation
officer, parole officer, pretrial services
officer, municipal correctional officer, or
correctional officer and another person."
Page 3, line 30:
Delete "Use of force reporting requirement"
Insert "Reporting requirement for use of force"
Page 4, line 1:
Delete "Federal Bureau of Investigation"
Insert "Department of Public Safety, on a form
prescribed by the Department of Public Safety,"
Page 4, line 2:
Delete "uses force against a person"
Insert "engages in use of force as defined in
AS 18.65.290"
Page 4, line 3:
Delete "a new subsection"
Insert "new subsections"
Page 4, line 4:
Delete "Federal Bureau of Investigation"
Insert "Department of Public Safety, on a form
prescribed by the Department of Public Safety,"
Page 4, line 5, following the second occurrence of
"officer,":
Insert "pretrial services officer,"
Page 4, line 6:
Delete "uses force against a person"
Insert "engages in use of force as defined in
AS 18.65.290"
Page 4, following line 6:
Insert a new subsection to read:
"(e) In this section, "department" means
the Department of Corrections."
Page 4, line 10:
Delete "uses force against a person"
Insert "engages in use of force as defined in
AS 18.65.290"
Page 4, lines 12 - 17:
Delete all material and insert:
"Sec. 44.41.055. Statewide reporting of use
of force. (a) The Department of Public Safety
shall maintain a central repository of incidents
of use of force in the state.
(b) The Department of Public Safety shall
report all incidents of use of force, including
incidents reported to the department by the
Department of Corrections and by municipalities,
to the Federal Bureau of Investigation for
inclusion in the Federal Bureau of
Investigation's data collection program for the
use of force.
(c) The Department of Public Safety shall
prepare a report that summarizes the information
contained in the reports of use of force
submitted by the Department of Public Safety, the
Department of Corrections, and municipalities
during the preceding fiscal year and shall submit
the report to the chief clerk of the house of
representatives and the senate secretary and
notify the legislature that the report is
available not later than December 1 of each year.
(d) In this section, "use of force" has
the meaning given in AS 18.65.290."
CHAIR DUNBAR objected for purposes of discussion.
SENATOR GRAY-JACKSON said that the Department of Public Safety
recommended Amendment 1 and requested a representative from the
department explain the changes it proposes to SB 23.
CHAIR DUNBAR invited Ms. Purinton to address Amendment 1.
1:34:14 PM
LISA PURINTON, Bureau Chief, Criminal Records and
Identification, Department of Public Safety (DPS), Anchorage,
Alaska, explained that Amendment 1 proposes changes related to
reporting requirements for some of the agencies referenced in
the bill.
CHAIR DUNBAR requested a little more detail about what
Amendment 1 does.
MS. PURINTON offered the following details about what
Amendment 1 does:
Page 1, line 5, following "parole,":
Insert "pretrial services,"
She explained this adds pretrial officer to the definition of
officers.
Page 1, line 10, following the third occurrence of "officer,":
Insert "pretrial services officer,"
She explained this adds conforming language to incorporate
pretrial officer, a relatively new type of officer in the
Department of Corrections (DOC). This updates the statutes to
include this type of officer.
Page 1, lines 12 - 13:
Delete "used deadly force or prepared to use deadly force"
Insert "engaged in the use of force"
She explained that the Alaska Police Standards Council and the
department were concerned about vague language because most
uniformed, armed officers are "prepared to use deadly force"
daily. The department recommends replacing the "deadly force"
phrase with "engaged in the use of force" for clarity.
Page 2, line 2, following the second occurrence of "officers,":
Insert "pretrial services officers,"
She explained this adds conforming language that incorporates
pretrial officers in the list of officers.
Page 2, line 30:
Delete "a new paragraph"
Insert "new paragraphs"
She explained this adds plural language to reflect the addition
of a new paragraph.
1:36:47 PM
Page 2, line 31:
Delete all material and insert:
"(10) "pretrial services officer" means a person who performs
the duties assigned in AS 33.07;
(11) "serious physical injury" has the meaning given in
AS 11.81.900(b);
(12) "use of force" means force that causes a fatality or
serious physical injury or the discharge of a firearm at or in
the direction of another person in the course of an interaction
between a police officer, probation officer, parole officer,
pretrial services officer, municipal correctional officer, or
correctional officer and another person."
She explained this section:
- deletes the term "deadly force" because that term is already
referenced in statute;
- adds a new paragraph that defines the DOC pretrial services
officer;
- adds a new paragraph that defines "serious physical injury"
and references the statute; and
- adds a new paragraph that ensures the State definition of the
term "use of force" conforms with the Federal Bureau of
Investigation (FBI) definition. She said that an "apples to
apples" definition provides entities with the capacity for
direct comparison and consistent use between organizations.
Page 3, line 30:
Delete "Use of force reporting requirement"
Insert "Reporting requirement for use of force"
She said this language was suggested to clarify the header.
1:38:13 PM
Page 4, line 1:
Delete "Federal Bureau of Investigation"
Insert "Department of Public Safety, on a form prescribed by the
Department of Public Safety,"
She said this is a change in the reporting requirement that
allows state agencies to file a "use of force" incident report
directly with DPS. DPS received a module update to the
department's Uniform Crime Reporting Collection Program that
allows it to report data directly to the FBI on behalf of
reporting agencies. She said the sponsor sought to capture a
broader range of reporting and this change achieves that aim,
specifically for the Department of Corrections, as its officers
fall outside the scope of the FBI's National Use of Force
Program definitions.
MS. PURINTON pointed out that this reporting requirement is
repeated several times in Amendment 1.
Page 4, line 2:
Delete "uses force against a person"
Insert "engages in use of force as defined in AS 18.65.290"
She explained this adds required language to conform with the
"use of force" definition.
Page 4, line 3:
Delete "a new subsection"
Insert "new subsections"
She explained this adds plural language to reflect the addition
of a new subsection.
Page 4, line 4:
Delete "Federal Bureau of Investigation"
Insert "Department of Public Safety, on a form prescribed by the
Department of Public Safety,"
She said this is a reporting requirement change that allows the
department to submit a "use of force" incident report directly
to DPS.
Page 4, line 5, following the second occurrence of "officer,":
Insert "pretrial services officer,"
She explained this adds conforming language to ensure pretrial
officers are included in the scope of SB 23.
Page 4, line 6:
Delete "uses force against a person"
Insert "engages in use of force as defined in AS 18.65.290"
She explained this adds required language to conform with the
"use of force" definition.
Page 4, following line 6:
Insert a new subsection to read:
"(e) In this section, "department" means the Department of
Corrections."
MS. PURINTON explained that SB 23 references multiple
departments. This clarifies that "department" means the
Department of Corrections in this section.
Page 4, line 10:
Delete "uses force against a person"
Insert "engages in use of force as defined in AS 18.65.290"
She explained this adds required language to conform with the
"use of force" definition.
Page 4, lines 12 - 17:
Delete all material and insert:
"Sec. 44.41.055. Statewide reporting of use of force. (a) The
Department of Public Safety shall maintain a central repository
of incidents of use of force in the state.
(b) The Department of Public Safety shall report all incidents
of use of force, including incidents reported to the department
by the Department of Corrections and by municipalities, to the
Federal Bureau of Investigation for inclusion in the Federal
Bureau of Investigation's data collection program for the use of
force.
(c) The Department of Public Safety shall prepare a report that
summarizes the information contained in the reports of use of
force submitted by the Department of Public Safety, the
Department of Corrections, and municipalities during the
preceding fiscal year and shall submit the report to the chief
clerk of the house of representatives and the senate secretary
and notify the legislature that the report is available not
later than December 1 of each year.
(d) In this section, "use of force" has the meaning given in
AS 18.65.290."
She explained this outlines the "use of force" reporting
requirements and replaces the language in this section.
1:41:54 PM
SENATOR GRAY-JACKSON thanked Ms. Purinton and the department for
recognizing the importance of SB 23 and working cooperatively
with her office to improve its delivery.
1:42:20 PM
SENATOR BJORKMAN asked whether DPS has taken a position on
SB 23.
MS. PURINTON answered DPS is neutral on the bill. The department
reports data to the FBI and has done so since the program
started a couple of years ago. Several agencies across the state
are voluntarily participating.
1:42:59 PM
SENATOR GRAY-JACKSON reminded members that the reason for
bringing this bill forward is to ensure reporting requirements
are resistant to leadership changes. SB 23 codifies reporting
requirements to remain in statute in perpetuity, being neither
discretionary nor subject to leadership changes.
1:43:27 PM
CHAIR DUNBAR removed his objection; he found no further
objection and Amendment 1 was adopted.
1:43:54 PM
SENATOR GIESSEL pointed out that public testimony was left open
in the previous meeting.
1:45:37 PM
At ease.
1:44:29 PM
CHAIR DUNBAR reconvened the meeting.
CHAIR DUNBAR opened public testimony on SB 23; finding none, he
closed public testimony.
CHAIR DUNBAR solicited the will of the committee.
1:45:12 PM
SENATOR GIESSEL moved to report SB 23, 33-LS0230\A, as amended,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR DUNBAR found no objection and CSSB 23(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
1:45:36 PM
At ease.
SB 63-LIMITATIONS ON FIREARMS RESTRICTIONS
1:46:26 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE BILL NO. 63 "An Act relating to
restrictions on firearms and other weapons."
CHAIR DUNBAR said this is the second hearing of SB 63, and the
intention is to act on the bill today. He invited Senator
Kawasaki to make closing remarks.
1:47:02 PM
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 63, replied to questions
pertaining to private right of action and injunctive relief,
referencing a Legal Services "cause of action and relief" memo,
dated March 18, from Claire Radford, Legislative Counsel. The
memo is available on BASIS. He gave a brief overview of the
questions asked in the memo:
Question: Does SB 63 create a private right of action where
individual officers, national guardsmen, and aide workers could
be sued for doing their job to protect the public?
Senator Kawasaki said the short answer is no. The cause of
action would apply to the person who issued the order,
proclamation, regulation, or ordinance.
Question: Is injunctive relief or specific performance a more
typical remedy versus treble damages?
Senator Kawasaki said that treble damages are not used as often
but are in statute and defined in law. He advised that the next
committee of referral could make a policy call on this.
1:48:54 PM
SENATOR GIESSEL moved to report SB 63, 33-LS0425\A, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR DUNBAR found no objection and SB 63 was reported from the
Senate Community and Regional Affairs Standing Committee.
1:49:16 PM
At ease.
1:52:39 PM
CHAIR DUNBAR reconvened the meeting.
1:52:58 PM
There being no further business to come before the committee,
Chair Dunbar adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 1:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 63, Additional LOO, 3.20.23.pdf |
SCRA 3/21/2023 1:30:00 PM |
SB 63 |
| SB 63, LAA Committee Questions Response, 3.18.23.pdf |
SCRA 3/21/2023 1:30:00 PM |
SB 63 |
| SB 23 Amendment #1.pdf |
SCRA 3/21/2023 1:30:00 PM |
SB 23 |