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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