05/18/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB46 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 46 | TELECONFERENCED | |
| += | SB 136 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
May 18, 2021
3:34 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Robert Myers, Vice Chair
Senator David Wilson
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
- MOVED CSSB 136(CRA) OUT OF COMMITTEE
SENATE BILL NO. 46
"An Act relating to the Alaska Police Standards Council;
relating to municipal correctional officers and municipal
correctional employees; making municipal police officers subject
to police standards; establishing a statewide use-of-force
database in the Department of Public Safety; requiring a
municipality that employs a person as a municipal police officer
or in a municipal correctional facility, the Department of
Corrections, or the Department of Public Safety to report for
inclusion in the database 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 46(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): SENATOR(s) MYERS
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) CRA, STA
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Heard & Held
05/13/21 (S) MINUTE(CRA)
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 46
SHORT TITLE: LAW ENFORCEMENT: REGISTRY; USE OF FORCE
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) CRA, STA, FIN
04/20/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/20/21 (S) Heard & Held
04/20/21 (S) MINUTE(CRA)
04/29/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/29/21 (S) -- MEETING CANCELED --
05/04/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/04/21 (S) Heard & Held
05/04/21 (S) MINUTE(CRA)
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) <Bill Hearing Canceled>
05/18/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DAWSON MANN, Staff
Senator Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Read the summary of changes from version A
to version I for SB 46:
KATHRYN MONFREDA, Director
Statewide Services
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Raised concern with SB 46 and offered a
solution.
ACTION NARRATIVE
3:34:59 PM
CHAIR SHELLEY HUGHES called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:34 p.m. Present
at the call to order were Senators Gray-Jackson, Myers, and
Chair Hughes. Senator Wilson arrived thereafter.
SB 136-LIMITATIONS ON FIREARMS RESTRICTIONS
3:35:47 PM
CHAIR HUGHES announced the consideration of SENATE BILL NO. 136
"An Act relating to firearms and other weapons restrictions."
3:36:15 PM
SENATOR MYERS, speaking as sponsor of SB 136, stated the point
of the bill is to protect rights regarding firearms during a
disaster declaration. He added, "Especially during a time period
when we may need our firearms to put food on the table or to
defend ourselves, depending on the situation."
CHAIR HUGHES commented on the need to rebalance legislative
power during a disaster declaration.
She asked if he had an amendment to offer.
3:37:49 PM
SENATOR MYERS moved Amendment 1.
3:37:54 PM
CHAIR HUGHES objected for discussion purposes.
3:37:57 PM
SENATOR MYERS explained Amendment 1 provides clarifying
language. The Court System and other entities expressed concern
that the bill would apply both during and outside a disaster
declaration because of the use of the term "notwithstanding." He
said the bill is intended to apply only during a disaster
declaration; there is no intention to change firearm rules when
there is not a disaster declaration. Rather, the bill seeks to
prevent the state or a municipality from altering firearm rules
by executive fiat and without legislative oversight.
Amendment 1 changes the phrase "notwithstanding a disaster
declaration" to "during a disaster declaration". The phrase
"state or municipal agency" is reworded to say, "the governor, a
state agency, or a municipality".
3:39:55 PM
SENATOR GRAY-JACKSON stated she does not support the bill but
she would support the amendment out of respect for her
colleague.
3:40:32 PM
CHAIR HUGHES removed her objection. Finding no further
objection, Amendment 1 was adopted.
She asked the sponsor if he had closing remarks.
3:41:00 PM
SENATOR MYERS stated the point of SB 136 is to ensure firearm
rights are not violated by executive fiat during a disaster
declaration. The intent is for people to be able to defend
themselves, provide for their families, and do things they
expect to be able to do with their firearm rights.
CHAIR HUGHES recalled early in the pandemic Alaskans were unsure
about the Port of Seattle and how the food supply to Alaska
might be affected. She appreciated that she lived in a state
that had abundant hunting and fishing resources.
She asked the will of the committee.
3:42:42 PM
SENATOR MYERS moved to report SB 136, work order 32-LS0856\A as
amended, from committee with individual recommendations and
attached fiscal note(s).
3:42:54 PM
CHAIR HUGHES found no objection and CSSB 136(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
3:42:57 PM
At ease
SB 46-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
3:44:10 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 46, "An Act relating to the
Alaska Police Standards Council; relating to municipal
correctional officers and municipal correctional employees;
making municipal police officers subject to police standards;
establishing a statewide use-of-force database in the Department
of Public Safety; requiring a municipality that employs a person
as a municipal police officer or in a municipal correctional
facility, the Department of Corrections, or the Department of
Public Safety to report for inclusion in the database 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."
She noted the proposed committee substitute (CS).
3:44:40 PM
SENATOR MYERS moved to adopt the committee substitute (CS) for
SB 46, work order 32-LS0366\I, as the working document.
3:44:53 PM
CHAIR HUGHES objected for discussion purposes.
3:45:03 PM
DAWSON MANN, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, read the summary of changes from
version A to version I for SB 46. The document read as follows:
Title Changes: The following has been removed from the
title in order to conform to changes.
• "Establishing a statewide use-of-force database
in the Department of Public Safety; requiring a
municipality that employs a person as a municipal
police officer or in a municipal correctional
facility, the Department of Corrections, or the
Department of Public Safety to report for inclusion in
the database 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."
Title Changes: The following has been added to the
title in order to conform to changes.
• "Requiring the Department of Public Safety to
submit a yearly use-of-force report to the
legislature; requiring a municipality that employs a
person as a municipal police officer or in a municipal
correctional facility, the Department of Corrections,
or the Department of Public safety to report to the
Federal Bureau of Investigation 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."
Sec. 1 AS 18.65.220 Page 1, Lines 11-12, Page 2
Lines 1-21
This section is amended to state that the council
shall make recommendations regarding reports of use of
force which may be adopted as regulations.
This section is also amended to require that the
central registry of information include the reason for
denial or revocation of an officer's certificate.
Sec. 6 AS 29.71 Page 3, Lines 18-22
This section is amended to require a municipality to
submit reports of use of force by municipal officers
and correctional employees to the Federal Bureau of
Investigation.
Sec. 7 AS 44.28.020 Page 3, Lines 23-26
This section is amended to require the Department of
Corrections to submit reports of use of force by
probation officers, parole officers, and correctional
officers to the Federal Bureau of Investigation.
Sec. 8 AS 44.41.020 Page 3, Lines 27-30
This section is amended to require the Department of
Public Safety to submit reports of use of force by
state troopers, village public safety officers, and
regional public safety officers to the Federal Bureau
of Investigation.
Sec. 9 AS 44.41.055 Page 3, Line 31, Page 4, Lines
1-6
This section is amended to remove the original
statewide use of force data base and instead require
the Department of Public Safety to submit an annual
report to the legislature based on the information
contained in the use of force reports provided by the
Department of Public Safety, the Department of
Corrections, and municipalities to the Federal Bureau
of Investigation database.
Sec. 15 Page 4, Line 29
This is amended to establish the effective date as
st
July 1, 2022.
3:45:57 PM
SENATOR WILSON joined the committee meeting.
3:47:15 PM
SENATOR GRAY-JACKSON asked to hear what the Department of Public
Safety thinks about the changes.
3:47:37 PM
CHAIR HUGHES removed her objection. Finding no further
objection, version I was adopted.
CHAIR HUGHES explained she had the CS drafted to respond to the
Alaska Association of Chiefs of Police letter of objection. Out
of respect for their work statewide, she wanted to heed their
suggestions and provide an opportunity over the interim to work
through some of the issues with the sponsor. She described the
CS as a softer approach. The Police Standards Council would make
recommendations rather than requiring law enforcement agencies
adopt regulations. Rather than the department creating a
database, the CS uses the existing FBI portal for law
enforcement agencies to input data, including use of force, but
with modifications that Ms. Monfreda would describe. She
reiterated that the CS was a work in progress but she would like
to move the bill to the State Affairs Committee where the work
can continue next session and after the sponsor has had the
opportunity to work with the Association of Chiefs of Police
over the interim.
She asked the sponsor if she had any comment.
3:50:03 PM
SENATOR GRAY-JACKSON thanked the chair for her efforts to move
the bill forward and for mentioning she intended to meet with
public safety officers statewide throughout the summer so her
suite of police reforms could move forward amicably.
3:51:06 PM
KATHRYN MONFREDA, Director, Statewide Services, Department of
Public Safety (DPS) Department of Public Safety, Anchorage,
Alaska, stated DPS currently is not able to get reports from the
FBI database. A solution is to purchase a module that includes
all the data elements currently required for the FBI use of
force database. The module allows reports to be pulled and the
information to be submitted to the FBI.
3:52:04 PM
SENATOR GRAY-JACKSON asked whether the department had funding
for the module.
3:52:19 PM
MS. MONFREDA answered the department is working to identify a
funding source for the module.
CHAIR HUGHES asked the sponsor if she had an amendment to offer.
3:52:55 PM
SENATOR GRAY-JACKSON answered the amendment she had intended to
offer was no longer relevant because of the committee
substitute.
CHAIR HUGHES asked if she had any closing remarks.
SENATOR GRAY-JACKSON stated SB 46 would complement the database
the Department of Public Safety is already using by adding
statistics on use of force incidents. She said this bill is
needed and she looks forward to it becoming state law.
3:53:41 PM
CHAIR HUGHES solicited the will of the committee.
3:53:52 PM
SENATOR MYERS moved to report SB 46, work order 32-LS0366\I,
from committee with individual recommendations and attached
fiscal note(s).
3:54:09 PM
CHAIR HUGHES found no objection and CSSB 46(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
3:56:00 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 3:56 p.m.
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