05/10/2021 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB11 | |
| SB31 | |
| SB7 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 11 | TELECONFERENCED | |
| + | SB 7 | TELECONFERENCED | |
| + | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 109 | TELECONFERENCED | |
| += | SJR 6 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 10, 2021
1:32 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 11
"An Act relating to community property and to community property
trusts; and providing for an effective date."
- MOVED CSSB 11(JUD) OUT OF COMMITTEE
SENATE BILL NO. 31
"An Act relating to binding votes by or for a legislator under
the Legislative Ethics Act."
- HEARD & HELD
SENATE BILL NO. 7
"An Act requiring the Department of Public Safety to publish
certain policies and procedures on the department's Internet
website."
- HEARD & HELD
HOUSE BILL NO. 109
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association; and providing for an effective
date."
- BILL HEARING CANCELED
SENATE JOINT RESOLUTION NO. 6
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association; and providing for an effective
date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 11
SHORT TITLE: COMMUNITY PROPERTY TRUSTS
SPONSOR(s): SENATOR(s) BEGICH
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) L&C, JUD
03/10/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/10/21 (S) -- MEETING CANCELED --
03/12/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/12/21 (S) Heard & Held
03/12/21 (S) MINUTE(L&C)
03/19/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/19/21 (S) Moved SB 11 Out of Committee
03/19/21 (S) MINUTE(L&C)
03/22/21 (S) L&C RPT 4DP
03/22/21 (S) DP: COSTELLO, GRAY-JACKSON, STEVENS,
HOLLAND
05/05/21 (S) JUD AT 1:30 PM BUTROVICH 205
05/05/21 (S) Heard & Held
05/05/21 (S) MINUTE(JUD)
05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 7
SHORT TITLE: STATE TROOPER POLICIES: PUBLIC ACCESS
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) STA, JUD
03/04/21 (S) STA AT 3:30 PM BUTROVICH 205
03/04/21 (S) Heard & Held
03/04/21 (S) MINUTE(STA)
03/11/21 (S) STA AT 3:30 PM BUTROVICH 205
03/11/21 (S) Heard & Held
03/11/21 (S) MINUTE(STA)
04/22/21 (S) STA AT 3:30 PM BUTROVICH 205
04/22/21 (S) Moved SB 7 Out of Committee
04/22/21 (S) MINUTE(STA)
04/23/21 (S) STA RPT 3NR 1AM
04/23/21 (S) NR: SHOWER, HOLLAND, COSTELLO
04/23/21 (S) AM: KAWASAKI
05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 31
SHORT TITLE: PROHIBITING BINDING CAUCUSES
SPONSOR(s): SENATOR(s) SHOWER
01/25/21 (S) PREFILE RELEASED 1/8/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) STA, JUD
03/18/21 (S) STA AT 3:30 PM BUTROVICH 205
03/18/21 (S) Heard & Held
03/18/21 (S) MINUTE(STA)
05/04/21 (S) STA AT 3:30 PM BUTROVICH 205
05/04/21 (S) Moved CSSB 31(STA) Out of Committee
05/04/21 (S) MINUTE(STA)
05/07/21 (S) STA RPT CS 2DP 2NR 1AM SAME TITLE
05/07/21 (S) DP: SHOWER, REINBOLD
05/07/21 (S) NR: COSTELLO, HOLLAND
05/07/21 (S) AM: KAWASAKI
05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR TOM BEGICH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 11.
MATTHEW BLATTMACHR, Attorney;
President & Chief Executive Officer
Peak Trust Company
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
11.
KEITH BAUGUESS, Staff
Senator Gray-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the Sectional Analysis for SB 7.
ERIC OLSEN, Lieutenant
Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
7.
ACTION NARRATIVE
1:32:13 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Myers, Hughes, Shower, Kiehl, and Chair
Holland.
SB 11-COMMUNITY PROPERTY TRUSTS
1:32:50 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 11,
"An Act relating to community property and to community property
trusts; and providing for an effective date."
[SB 11 was heard on 5/5/21; public testimony was opened and
closed. This is the second hearing on the bill.]
1:33:11 PM
SENATOR KIEHL moved to adopt Amendment 1, [work order 32-
LS0132\I.1]:
32-LS0132\I.1
Bannister
5/8/21
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: SB 11
Page 2, line 2:
Delete "(1)"
Page 2, lines 3 - 4:
Delete "; or
(2) a right accrued before the effective
date of sec. 1 of this Act"
CHAIR HOLLAND objected for discussion purposes.
1:33:22 PM
SENATOR KIEHL explained that Amendment 1 would remove one-half
of the savings clause. As previously discussed in committee and
with the sponsor, this amendment will achieve the sponsor's
intent. This will retroactively bring the bill back to the first
community property trust. It will not create any unintended
consequences related to property rights accrued because Alaska
does not have any community property rights.
CHAIR HOLLAND removed his objection.
1:34:44 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
speaking as sponsor of SB 11, summarized that the bill will
clarify 1998 language that created community property trust
options. A recent court decision created ambiguity in the law.
This law intended that appreciation would be considered in the
value of the community property trust. Amendment 1 is consistent
with that interpretation of the law. No rights would have
accrued prior to 1998 because Alaska did not have community
property law. He offered his support for Amendment 1.
SENATOR HUGHES asked Mr. Blattmachr to speak to Amendment 1.
1:36:12 PM
MATTHEW BLATTMACHR, Attorney; President & Chief Executive
Officer, Peak Trust Company, Anchorage, Alaska, responded that
he reviewed Amendment 1 with the bill drafters. No one has any
concerns, he said. He stated Amendment 1 will provide additional
clarity in terms of community property rights.
1:36:55 PM
SENATOR SHOWER asked for clarification on the fiscal note.
SENATOR BEGICH explained that there is no fiscal note because SB
11 does not impact the state. SB 11 provides clarifying language
to a statute that has been in effect for 22 years. There will be
a zero fiscal note, he added.
CHAIR HOLLAND asked if there were any further comments or
objections.
There being no further objection, Amendment 1 was adopted.
1:38:11 PM
SENATOR SHOWER moved to report SB 11, Version I, as amended,
from committee with individual recommendations and attached
fiscal note(s). There being no objection, CSSB 11 (JUD) was
reported from the Senate Judiciary Standing Committee.
1:38:36 PM
At ease
SB 31-PROHIBITING BINDING CAUCUSES
1:40:05 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 31, "An Act relating to binding
votes by or for a legislator under the Legislative Ethics Act."
[CSSB 31(STA) was before the committee. This is the first
hearing on the bill.]
1:40:49 PM
SENATOR SHOWER, speaking as sponsor, paraphrased the sponsor
statement [Original punctuation provided]:
SB 31 addresses the ethics statute and bans the
practice commonly known as a "binding caucus." The
tradition of the binding caucus in the Alaska State
Legislature has been used to suppress the voice of the
people, the use of coercion and enticements to
manipulate the actions and votes of their elected
Representative or Senator. The caucuses are formed
with the enticement of perks of being a majority
member, including but not limited to influence within
the organization, chairmanships of important
committees, better office space, more staff to help
you be effective. All of these are not nefarious on
their face, but as applied in the binding caucus, they
are exchanged for the participating Representative(s)
or Senator(s) vote on key issues such as the budget.
1:41:57 PM
AS 24.60.039(g)(1) "Caucus" means a group of
legislators that share a political philosophy or have
a common goal or who organize as a group. Ultimately
it is a caucus of ideas. Because it does not state the
use of coercion or enticements are not prohibited
should not be misconstrued that it is permissible,
especially since these two activities are prohibited
for private citizens under Alaska criminal statutes.
1:42:23 PM
SENATOR SHOWER continued to paraphrase the sponsor
statement [Original punctuation provided]:
Where the nefarious intent creeps in is the quid-pro-
quo required to join the club. In exchange for the
"enticement" of the associated perks, under a binding
caucus, a legislator is expected to blindly vote for a
budget before it exists and has never seen that a
small group of "leadership" members supports. It has
also been used as an arbitrary tool for supporting any
floor vote the presiding officer decides is a
"procedural vote."
SENATOR SHOWER related his own experience with binding
caucus requirements.
1:44:25 PM
Control of legislators through a binding caucus
consolidates power into a tiny group of legislators,
those in leadership, the presiding officer, the
majority leader, the rules chair, the finance co-
chairs. When a caucus member capitulates to the
pressure, their constituents are compromised. When a
caucus member is "disciplined," it also
disenfranchises that elected official that the voters
put into the majority party.
This practice is only accepted in the State of Alaska.
The sponsor contacted a Senator from 49 other states,
and all but one stated they do not use or permit the
practice of a binding caucus in their state.
SENATOR SHOWER related several scenarios from other states.
1:48:11 PM
Public pressure has forced the Senate to not organize
under the binding caucus. It's time to codify this
unethical practice of forcing legislators to vote
against their conscience, and ultimately their
constituents. If the 49 other states in the union can
do business without a binding caucus and coercion to
pass legislation, Alaska can too.
1:48:19 PM
SENATOR SHOWER offered his view that the rest of the country
operates without binding caucuses so he believes it will work
here.
1:49:10 PM
SENATOR SHOWER provided the sectional analysis for SB 31. He
read [Original punctuation provided}:
Section 1; Adds the definition of a "caucus" and
"legislative body to the guidelines of the open
meetings Act under the legislatures ethics code.
Section 2; Creates the ethics violation of binding
another legislator to commit their vote on any matter
that may come before the legislature. Clarifies that
voting for selecting an officer or leader of a
legislative body is an allowable practice. It also
clarifies that running an informal poll, aka as a
"chit sheet," is an allowable practice.
1:49:40 PM
SENATOR KIEHL stated that forming minority and majority caucuses
also would determine staff levels. He asked if it is ethical to
form caucuses if members are disenfranchised.
SENATOR SHOWER pointed out the caucus of the whole includes
everyone. He acknowledged that members in the majority have
control, that the legislature has had a majority and minority,
which are formed by ideology rather than by party. This system
has worked. However, Alaska has an extra, binding rule. He
offered his view that using the binding rule to punish
legislators over a vote is not how the power structure has been
used. He agreed it could be argued that minority members are
disenfranchised but they are not punished. He said the goal is
to avoid the ability to influence someone's vote.
SENATOR HUGHES said that what occurred actually gave majority
members fewer committee assignments. It eliminated their access
to legal advice from majority staff, including access to oil and
gas staff expertise, and a voice at the table since members were
ignored. She agreed that staff assignments relate to committee
assignments. However, minority members were listened to, had the
freedom to vote and had more resources. She offered her belief
that the retribution went beyond the basics given to minority
members.
1:54:16 PM
CHAIR HOLLAND offered his view that the public sends a majority
to the legislature through their collective votes. The majority
controls the body, organizes the body as opposed to the binding
caucus exerting control over its members.
1:54:54 PM
SENATOR SHOWER added that he is not concerned about the broader
power structure the legislature uses via Uniform Rules and
Mason's Manual. However, he witnessed power being wielded by a
very small group who used it to coerce others by requiring a
binding vote. He said the Senate leadership told members on July
29, 2019, that voting against the caucus would result in them
being stripped of their committee chair and committee
membership. He said the legislature should not require
representatives of the people to vote against the will of their
constituencies.
1:56:25 PM
SENATOR KIEHL offered his view that the system he described was
a parliamentary system. Voters elect individuals to represent
them. He said he appreciated the sponsor's description of how
the legislature organizes. If a legislator does not agree with
the philosophy or organizing principles, the person will be
treated as the sponsor suggested. It has happened that it
sometimes puts the person in a group that it is less than 25
percent of the body. If so, under the Uniform Rules, it would
affect the legislator's staffing, office space and privileges,
he said. Those legislators would not have access to Legislative
Legal Services, and their own oil and gas person, but he did not
think of it as coercion.
1:58:04 PM
SENATOR MYERS referred to the bill. He related his understanding
that a legislator may not commit or bind another legislator to
vote. He suggested this language will leave the possibility of
offering perks such as additional staff or a bigger office.
However, it does not affect legislators while organizing the
legislature. He asked if the sponsor would like to add language
to address that timeframe.
SENATOR SHOWER said he did not wish to expand the bill to take
on the whole structure. He did not have any issue with
leadership roles or committee chair agreements. He said his
issue was the binding caucus. He was not sure how to address
organizing principles in this bill. He pointed out that it is a
felony to bribe a politician to vote in a certain way, although
that is effectively what happened. He said that there is nothing
wrong with procedural votes, but he is opposed to them being
wielded as political weapons.
2:01:45 PM
SENATOR KIEHL said he is not a fan of binding caucuses, that he
did not join one. He said that each presiding officer polls its
members to determine if the legislature should call itself into
special session. He asked if this informal poll was covered in
the bill.
SENATOR SHOWER responded that polling or informal discussions
were acceptable since it allows leadership to obtain a sense of
support similar to a legislator using a chit sheet to assess
support for a bill. He said that since it would not affect
someone's vote on the floor, it was irrelevant. He maintained
his concern about binding caucus actions.
2:04:03 PM
SENATOR KIEHL asked how to make this effective and prevent a
situation in which members in a caucus meeting are told that
this is a key vote. For example, leadership could take an
informal poll and watch to see who votes against it.
SENATOR SHOWER responded that some states indicated they have a
binding rule on procedural votes but none included budget votes
as procedural ones. He envisioned the speaker or president might
not like the vote but they cannot take away a legislator's
chairmanship or staff.
2:06:50 PM
SENATOR KIEHL said he just got lost. If a presiding officer or
leadership team develops a reputation for taking some action,
everyone will know that something will be done afterward.
SENATOR SHOWER said the difference is the binding rule. He was
unsure how to intervene in politics.
2:08:14 PM
SENATOR MYERS recalled debating the Open Meetings Act by adding
in a penalty provision. He wondered who will enforce SB 11
without a penalty provision in the bill.
SENATOR SHOWER answered that if the statutes codified that
binding rules were prohibited, it would give the legislator
standing to sue. He suggested it was possible to change the
Uniform Rules. Currently, there is not any recourse, he said. He
said he would like to keep the bill simple. SB 11 would make it
illegal. He said that he is open to suggestions.
2:10:38 PM
SENATOR HUGHES referred to language on line 8 that states that a
legislator "may not commit." She said legislators may go to town
halls and inform constituents how they will vote on an issue.
She asked whether "commit" should be defined. She wondered if it
could be problematic, even in debate on the floor.
SENATOR SHOWER answered that this language will specifically
limit the restrictions to legislators and would not pertain to
constituents.
2:12:44 PM
SENATOR HUGHES suggested that the omission of commas may take
care of the concern. She suggested that Legislative Legal
Services could clarify if this language could be interpreted in
another way.
SENATOR SHOWER stated his intent for the bill was to address the
binding caucus that allows legislators to punish other
legislators.
2:14:14 PM
CHAIR HOLLAND held SB 31 in committee.
SB 7-STATE TROOPER POLICIES: PUBLIC ACCESS
2:14:26 PM
CHAIR HOLLAND reconvened the meeting announced the consideration
of SENATE BILL NO. 7 "An Act requiring the Department of Public
Safety to publish certain policies and procedures on the
department's Internet website."
2:14:55 PM
SENATOR ELVI GRAY-JACKSON read the sponsor statement:
First, I would like to thank the hard-working men and
women peace officers and office staff who provide the
services that protect lives and welfare of the people
within Alaska's communities. Thank you all for your
service.
The recent casualties surrounding civilians has drawn
even greater attention to issues around policing and
police to community relationships. This moment seems
to have created real momentum to address one of the
longest standing injustices in society.
During last summer and into the Fall, my office -
along with Senator Begich's office - worked together
to develop a series of bills. These bills were drafted
by Legislative Legal as a bill packet that our offices
refer to as TPIP- Turning Pain into Progress. TPIP was
crafted after the national 8 Can't Wait campaign which
is eight specific policies that have been proven, with
data, to reduce police violence by as much as 72
percent, when implemented. I recognize that the
national campaign can't and shouldn't be applied to a
place as unique as Alaska. Therefore, I spent a great
deal of time talking to stakeholders and gaining input
throughout the process of drafting these bills to
ensure that the proposal would be fitting for Alaska.
I am pleased to say that I have engaged public safety
agencies to include the Anchorage Police Department,
Anchorage Police Employees Association, Public Safety
Employees Association, and the National Organization
of Black Law Enforcement Executives during the
process. Because of my proactive approach, I am
confident in moving forward with the implementation of
public safety policy changes that will benefit both
the citizens of Alaska and our law enforcement
officers.
2:16:56 PM
SB7 "An Act requiring the Department of Public Safety
to publish certain policies and procedures on the
department's Internet website."
This bill would require that the Department of Public
Safety publish on their website the department's
current policies and procedures related to the conduct
of peace officers employed or regulated by the
department. The duty of the Department of Public
Safety is to ensure public safety within our
communities and, as such, the public must be able to
easily access the current policies and procedures that
requires peace officers regulated by the department to
adhere to.
2:17:27 PM
KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, read the sectional analysis on
behalf of the sponsor:
Section 1: Amends AS 44.441.020 to add the Department
of Public Safety shall publish on their website the
current policies and procedures related to the conduct
of peace officers employed or regulated by the
department.
2:18:15 PM
SENATOR MYERS stated that this bill would not only affect the
conduct of peace officers employed by the Department of Public
Safety (DPS) but also peace officers regulated by the
department. He asked if this would impact any departments
outside the state, such as municipalities or Village Public Safety
Officers.
SENATOR GRAY-JACKSON answered yes. She said DPS and the
Anchorage Police Department post their policies on their
websites. She said the goal is to have all agencies post their
current polices on their websites.
2:18:54 PM
SENATOR MYERS related his understanding that DPS would need to
publish the policies of other law enforcement agencies on its
website, such as the Anchorage Police Department (APD).
SENATOR GRAY-JACKSON answered that she was not certain since APD
already posts its policies on its website.
2:19:26 PM
SENATOR MYERS referred to page 1, lines 5 to 7 of SB 7, which
read, "The Department of Public Safety shall publish on the
department's Internet website the department's current policies
and procedures related to the conduct of peace officers employed
or regulated by the department." Thus, if DPS is in charge of
regulating another agency, it would need to publish that
department's policies and procedures on its website.
SENATOR GRAY-JACKSON pointed out that the Alaska Police
Standards Council (APSC) regulates peace officers throughout the
state.
2:20:10 PM
SENATOR HUGHES referred to the language in the bill that read,
"the department's current policies and procedures related to the
conduct of peace officers." She said she did not interpret this
to mean that the department would post policies and procedures
from other police departments throughout state. She stated that
there are about 35 police departments in the state. Instead,
this refers to DPS's own policies and procedures related to
conduct, which would likely be APSC's policies and procedures.
SENATOR GRAY-JACKSON agreed that was her understanding.
2:21:10 PM
SENATOR HUGHES asked for the number of pages in DPS policies and
procedures.
2:21:45 PM
SENATOR SHOWER asked for clarification. He recalled hearing the
bill in the State Affairs Committee. During the debate there was
general agreement that publishing police policies and procedures
(P&Ps) on "use of force" online could reduce tension.
2:23:24 PM
ERIC OLSEN, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), Anchorage, Alaska, stated that the
department does not have any issues with posting its own
policies on DPS's website. DPS currently posts its standards of
conduct for DPS's personnel on its website. However, the
department is not in charge of publishing other law enforcement
agencies' policies and procedures.
2:24:07 PM
SENATOR SHOWER related his understanding that SB 7 would not
require DPS to publish for all.
LIEUTENANT OLSEN responded that he could not speak for the
Department of Law, but he personally does not interpret it to
mean it was inclusive of other agencies.
2:24:56 PM
SENATOR HUGHES related her understanding that DPS is already
posting its policies and procedures on DPS's website so the bill
would not currently change anything but it would place it in
statute for future departments to consider.
LIEUTENANT OLSEN answered yes.
2:25:28 PM
SENATOR SHOWER clarified that the department does not post
everything in its manual. Thus, this is not all encompassing,
since some tactics, techniques and procedures are not posted. He
recalled that DPS indicated there is a clear boundary of what is
posted.
LIEUTENANT OLSEN agreed that certain portions of the
department's policies and procedures are not published but the
majority is posted. He was uncertain which chapters of the
Operating Procedures Manual (OPM) were not posted. The
department does not publish its policies on use of force.
2:26:37 PM
SENATOR KIEHL said he thought the bill was a good step forward.
He surmised that the sponsor's intent is not to publish DPS's
detailed investigation, interrogation, or other tactical rules
on the department's website. He asked how far the phrase
"conduct of peace officers" goes.
SENATOR GRAY-JACKSON said that SB 46 covers police use of force.
SENATOR KIEHL stated that the Juneau Police Department (JPD)
publishes its use of force policy online. Lieutenant Olsen said
that the Alaska State Troopers does not publish their use of
force policy online. He asked if the sponsor's intent is to have
the use of force policies posted online.
SENATOR GRAY-JACKSON answered yes.
2:28:23 PM
SENATOR HUGHES asked if the committee needs a legal opinion on
whether the language includes posting the use of force policies
and procedures since DPS does not interpret the bill to include
it.
SENATOR GRAY-JACKSON agreed that Legislative Legal Services
could explain the language. She explained she introduced another
bill, SB 46, to address use of force.
2:29:24 PM
CHAIR HOLLAND related his understanding that SB 46 does not
address publishing information on internet websites.
SENATOR GRAY-JACKSON said that bill would require reporting use
of force instances.
2:29:58 PM
SENATOR MYERS pointed out there is a difference between the use
of force incidents, which is addressed in SB 46, and use of
force policies in SB 7. He suggested an amendment might be
needed to make that more explicit.
SENATOR GRAY-JACKSON deferred to DPS as to whether the
department includes its use of force statistics in its policies.
2:30:44 PM
LIEUTENANT OLSEN responded that Chapter 107, related to the use
of force is published on the department's website.
CHAIR HOLLAND asked if that resolved the questions.
SENATOR SHOWER stated that all these questions relate to the
department not posting more sensitive information on its
website. It's important to give criminals access to some
information. He recalled testimony given before the Senate State
Affairs Committee indicated the department was comfortable with
the language with the caveat that DPS could decide which
information would be posted. The department felt it might reduce
tension for the public.
2:32:18 PM
SENATOR HUGHES suggested a legal opinion might be necessary. The
current commissioner has chosen to post the policies and
procedures related to conduct but has also chosen to post use of
force. It is important to know if the bill will require the
department to list its policies on "use of force" since a new
commissioner could decide not to do so.
2:33:05 PM
SENATOR GRAY-JACKSON related her understanding that the
department said its policies include use of force.
CHAIR HOLLAND related his understanding that use of force was
related to policies for officer conduct.
2:33:36 PM
SENATOR HUGHES maintained her interest in knowing if the bill
covers use of force and policies and procedures.
2:34:16 PM
SENATOR GRAY-JACKSON stated that the purpose of bringing SB 7
forward is to ensure the information will be posted in the event
a police chief decided not to do so.
2:34:41 PM
SENATOR HUGHES asked DPS to address whether the use of force is
separate from the policies and procedures (P&P) related to APSC.
2:35:10 PM
LIEUTENANT OLSEN explained that the Alaska Police Standards
Council (APSC) regulates the officers not law enforcement
agencies. He reiterated that DPS publishes the majority of its
policy and procedures manual online, including Chapter 101 and
107, which relate to the use of force.
SENATOR HUGHES asked if both chapters would need to be posted
under the bill.
LIEUTENANT OLSEN deferred to DPS's commissioner and to the
Department of Law to further respond.
SENATOR HUGHES said it was important to know the definitive
answer.
CHAIR HOLLAND agreed to research this and report back to the
committee.
CHAIR HOLLAND held SB 7 in committee.
2:37:48 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 2:37 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 11 Legal Memo.pdf |
SJUD 5/10/2021 1:30:00 PM |
SB 11 |