Legislature(2013 - 2014)BUTROVICH 205

02/27/2014 09:00 AM Senate STATE AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 98 VPSO FIREARMS TELECONFERENCED
Heard & Held
*+ SB 141 NATIONAL GUARD ID & VEHICLE FEES TELECONFERENCED
Scheduled But Not Heard
*+ SJR 18 FEDERAL CONSTITUTIONAL CONVENTION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 182 PUBLIC EMPLOYEE SALARY DIFFERENTIALS
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 27, 2014                                                                                        
                           9:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Cathy Giessel, Vice Chair                                                                                               
Senator John Coghill                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 18                                                                                                  
Requesting the  United States  Congress to  call a  convention of                                                               
the  states to  propose  amendments to  the  Constitution of  the                                                               
United  States  that  impose fiscal  restraints  on  the  federal                                                               
government,  limit  the power  and  jurisdiction  of the  federal                                                               
government, and limit  the terms of office  of federal government                                                               
officials; and urging the legislatures  of the other 49 states to                                                               
request the  United States Congress  to call a convention  of the                                                               
states.                                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 98                                                                                                              
"An  Act  relating to  Department  of  Public Safety  regulations                                                               
allowing village public safety officers to carry firearms."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 182                                                                                                             
"An Act  relating to salary differences  in collective bargaining                                                               
agreements subject  to the Public  Employment Relations  Act that                                                               
are  based on  a difference  in the  cost of  living outside  the                                                               
state and the  cost of living in the state;  and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
SENATE BILL NO. 141                                                                                                             
"An Act relating to vehicle registration fees for members of the                                                                
Alaska National Guard."                                                                                                         
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 182                                                                                                                  
SHORT TITLE: PUBLIC EMPLOYEE SALARY DIFFERENTIALS                                                                               
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
02/19/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/14       (S)       STA                                                                                                    
02/25/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/25/14       (S)       Heard & Held                                                                                           
02/25/14       (S)       MINUTE(STA)                                                                                            
                                                                                                                                
BILL: SB  98                                                                                                                  
SHORT TITLE: VPSO FIREARMS                                                                                                      
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
04/05/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/13       (S)       CRA, STA                                                                                               
02/11/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
02/11/14       (S)       Heard & Held                                                                                           
02/11/14       (S)       MINUTE(CRA)                                                                                            
02/13/14       (S)       CRA AT 3:30 PM BUTROVICH 205                                                                           
02/13/14       (S)       Moved SB  98 Out of Committee                                                                          
02/13/14       (S)       MINUTE(CRA)                                                                                            
02/14/14       (S)       CRA RPT  4DP                                                                                           
02/14/14       (S)       DP: MICCICHE, EGAN, BISHOP, GIESSEL                                                                    
02/14/14       (S)       FIN REFERRAL ADDED AFTER STA                                                                           
02/27/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SJR 18                                                                                                                  
SHORT TITLE: FEDERAL CONSTITUTIONAL CONVENTION                                                                                  
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
02/05/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/14       (S)       STA                                                                                                    
02/27/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TYLER BELK, Staff                                                                                                               
Senator Fred Dyson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SJR 18.                                                                           
                                                                                                                                
ROY CARLSON, representing himself                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Supports SJR 18.                                                                                          
                                                                                                                                
DAVID EICHLER, State Director                                                                                                   
The Convention of State Project                                                                                                 
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Supports SJR 18.                                                                                          
                                                                                                                                
DAVID SCOTT, Staff                                                                                                              
Senator Olson                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SB 98.                                                                            
                                                                                                                                
TERRY VRABEC, Deputy Commissioner                                                                                               
Alaska Department of Public Safety                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed departmental questions pertaining                                                               
to SB 98.                                                                                                                       
                                                                                                                                
COLONEL JAMES COCKRELL, Director                                                                                                
Division of Alaska State Troopers                                                                                               
Alaska Department of Public Safety                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed departmental questions pertaining                                                               
to SB 98.                                                                                                                       
                                                                                                                                
CAPTAIN STEVEN ARLOW, Commander                                                                                                 
Village Public Safety Officers (VPSO) Program                                                                                   
Division of Alaska State Troopers                                                                                               
Alaska Department of Public Safety                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed departmental questions pertaining                                                               
to SB 98.                                                                                                                       
                                                                                                                                
BEN GOLDRICH, Regional Representative                                                                                           
Marine Engineers' Beneficial Association                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
RON BRESSETTE, Regional Representative                                                                                          
The International Organization of Masters, Mates & Pilots Union                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
RICK DEISING, Regional Director                                                                                                 
Inlandboatmen's Union of the Pacific                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
CHRIS OLSEN, Chief Engineer                                                                                                     
Motor Vessel LeConte                                                                                                            
Alaska Marine Highway System                                                                                                    
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
PATRICK PHILLIPS, Crew Member                                                                                                   
Motor Vessel Fairweather                                                                                                        
Alaska Marine Highway System                                                                                                    
Alaska Department of Transportation & Public Facilities                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
JARED BARLOW, Ordinary Seaman                                                                                                   
Motor Vessel Kennicott                                                                                                          
Alaska Marine Highway System                                                                                                    
Alaska Department of Transportation & Public Facilities                                                                         
Klawock, Alaska                                                                                                                 
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
TERESA GILBERT, Crew Member                                                                                                     
Motor Vessel Kennicott                                                                                                          
Alaska Marine Highway System                                                                                                    
Alaska Department of Transportation & Public Facilities                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 182.                                                                                           
                                                                                                                                
NICKI NEAL, Director                                                                                                            
Division of Personnel and Labor Relations                                                                                       
Alaska Department of Administration                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed departmental questions regarding                                                                
SB 182.                                                                                                                         
                                                                                                                                
KATE SHEEHAN, Deputy Director                                                                                                   
Labor Relations                                                                                                                 
Division of Personnel and Labor Relations                                                                                       
Alaska Department of Administration                                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Addressed  departmental questions  regarding                                                             
SB 182.                                                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:03:19 AM                                                                                                                    
CHAIR  FRED  DYSON  called  the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 9:03  a.m. Present at the  call to                                                               
order were Senators Coghill, Giessel, and Chair Dyson.                                                                          
                                                                                                                                
CHAIR DYSON reviewed the committee  meeting agenda. He stated his                                                               
intention  was to  have Senator  Wielechowski's  bill on  waiving                                                               
registration  fees   for  National   Guard  members   before  the                                                               
committee. He said SJR 18 will  be before the committee and noted                                                               
that he sponsored the resolution  for calling a convention of the                                                               
states  by  proposing a  constitutional  convention  to the  U.S.                                                               
Congress. He  set forth that  his intent was  to pass out  SB 182                                                               
and  noted  that  at  least  45 minutes  has  been  allotted  for                                                               
testimony. He  summarized that  [SB 98] will  also be  before the                                                               
committee on arming of Village Public Safety Officers (VPSO).                                                                   
                                                                                                                                
                                                                                                                                
            SJR 18-FEDERAL CONSTITUTIONAL CONVENTION                                                                        
                                                                                                                                
9:04:56 AM                                                                                                                    
CHAIR DYSON announced that SJR 18 is before the committee.                                                                      
                                                                                                                                
9:05:05 AM                                                                                                                    
TYLER  BELK,  Staff,  Senator Dyson,  Alaska  State  Legislature,                                                               
Juneau, Alaska, read an overview as follows:                                                                                    
                                                                                                                                
     For the  past seven years, the  U.S. federal government                                                                    
     has  operated outside  of the  constraints of  what our                                                                    
     founding     fathers    had     envisioned.    Inherent                                                                    
     overspending,  over  extended  use  of  regulation  and                                                                    
     enforcement   jurisdiction,   and   unreasonably   long                                                                    
     service  terms  of  federal  government  officials  are                                                                    
     fused several ways in which  our national government is                                                                    
     moving  outside of  its designed  blueprint. Aiming  to                                                                    
     mitigate   a  federal   government  that   exceeds  its                                                                    
     enumerated  powers, our  founding fathers  added a  key                                                                    
     provision of the Constitution that  would allow for the                                                                    
     states  to  rein in  and  control  any move  to  expand                                                                    
     federal government  beyond its intended  means. Article                                                                    
     V grants states  the power to call for  a Convention of                                                                    
     the States  to amend  the Constitution in  a controlled                                                                    
     and topic-specific  manner. This ability to  call for a                                                                    
     convention is  a method  to rein  in and  alleviate the                                                                    
     aforementioned problems. A Convention  of States is not                                                                    
     a  Constitutional  Convention.  The scope  and  subject                                                                    
     matter  of a  Convention  of States  is controlled  and                                                                    
     limited by  what the applications  call for. SJR  18 is                                                                    
     the  first step  in a  long process  for a  convention.                                                                    
     Through the Article V process,  two thirds or 34 of the                                                                    
     50  states  must  call  for a  convention  based  on  a                                                                    
     similar  application. Congress  then  must  call for  a                                                                    
     convention  once   those  applications   are  received.                                                                    
     Delegates, who  are chosen  in a  manner decided  on by                                                                    
     the states, will design and  debate amendments aimed at                                                                    
     the topic.  In this  case, imposing  fiscal constraints                                                                    
     on  the  federal  government, limiting  the  power  and                                                                    
     jurisdiction  of the  federal government,  and limiting                                                                    
     the terms  of office  officials will  be the  topic. If                                                                    
     the   convention   validly   proposes   one   or   more                                                                    
     amendments, Article  V requires Congress to  select one                                                                    
     of two  modes of ratification. The  Congress may decide                                                                    
     that amendments  be submitted to  the states,  then the                                                                    
     state  legislatures,  or  they  will  demand  that  the                                                                    
     states  call for  special amendment  conventions within                                                                    
     the  states,  similar  to  how we  did  with  the  21st                                                                    
     Amendment to  repeal prohibition.  SJR 18 is  a portion                                                                    
     of step  1 of the  Article V convention process;  it is                                                                    
     Alaska's  formal application  calling for  a Convention                                                                    
     of the  States. Essentially, this resolution  is Alaska                                                                    
     moving into cue for an Article V convention.                                                                               
                                                                                                                                
CHAIR DYSON asked if anyone in the room would like to testify.                                                                  
                                                                                                                                
9:08:01 AM                                                                                                                    
ROY CARLSON, representing himself, Wasilla, Alaska, noted that                                                                  
he is a retired U.S. Army Lieutenant Colonel and Vietnam                                                                        
veteran. He read a statement as follows:                                                                                        
                                                                                                                                
     I do  not intend my  words to  be partisan in  any way.                                                                    
     What  I am  saying has  been  going on  for many  years                                                                    
     through    different    party   administrations.    The                                                                    
     resolution  before you  is  truly non-partisan.  During                                                                    
     the Constitutional  Convention, it was argued  that the                                                                    
     amendment process  did not  address the  possibility of                                                                    
     an out  of control federal government,  they recognized                                                                    
     that  Congress would  not  pass  an amendment  limiting                                                                    
     their own  power, so  they added  another way  to amend                                                                    
     the Constitution  and put  that power  in the  hands of                                                                    
     state legislatures,  that of  course is  your committee                                                                    
     and  your colleagues  in  the  Alaska Legislature.  You                                                                    
     have  a  necessary  and awesome  responsibility.  As  a                                                                    
     solider, I  have seen  tyranny, I have  seen it  in the                                                                    
     eyes of  the children  who are  not carefree  and laugh                                                                    
     when  they are  at play.  You see  it in  the faces  of                                                                    
     their parents  who are afraid for  themselves and their                                                                    
     children, they  are afraid to  talk to you for  fear of                                                                    
     reprisal  by  their  government  or  terrorist  groups.                                                                    
     Also, I have talked to  a number of immigrants from the                                                                    
     former  Soviet Union,  Cuba, and  other countries  with                                                                    
     tyrannical governments  and with  a unified  voice they                                                                    
     say, "Wake  up, don't you understand  what is happening                                                                    
     to you,"  they see  it because  they have  been through                                                                    
     it. The  federal government  is out  of control  and we                                                                    
     know from history that a  mere change of administration                                                                    
     is not going to change that  and so I ask you to please                                                                    
     pass SJR 18.                                                                                                               
                                                                                                                                
CHAIR DYSON thanked Mr. Carlson for his service to the nation.                                                                  
                                                                                                                                
9:10:24 AM                                                                                                                    
DAVID EICHLER, State Director, The Convention of State Project,                                                                 
North Pole, Alaska, stated his support for SJR 18.                                                                              
                                                                                                                                
9:10:59 AM                                                                                                                    
CHAIR DYSON announced that SJR 18 will be held in committee.                                                                    
                                                                                                                                
                                                                                                                                
                      SB  98-VPSO FIREARMS                                                                                  
                                                                                                                                
9:11:20 AM                                                                                                                    
CHAIR DYSON announced that SB 98, version A was before the                                                                      
committee.                                                                                                                      
                                                                                                                                
9:11:30 AM                                                                                                                    
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
9:12:03 AM                                                                                                                    
CHAIR DYSON called the committee back to order.                                                                                 
                                                                                                                                
9:12:17 AM                                                                                                                    
DAVID SCOTT, Staff, Senator Olson, Alaska State Legislature,                                                                    
Juneau, Alaska, said SB 98 is a one page bill and is easy to                                                                    
understand.  He said  SB 98  prohibits the  Department of  Public                                                               
Safety (DPS) from not allowing  VPSOs to carry firearms. He noted                                                               
that  since SB  98  and  the companion  in  the  other body  were                                                               
introduced during the  last Session, DPS has  undergone a process                                                               
to write the regulations for allowing the arming of VPSOs.                                                                      
                                                                                                                                
MR. SCOTT set  forth that SB 98's intent is  to clearly establish                                                               
the Legislature's  intent that  VPSOs would  be allowed  to carry                                                               
firearms.  He said  VPSOs  would have  to  meet all  satisfactory                                                               
training standards. He  asserted that SB 98's  passage would make                                                               
the State's  support for arming  VPSOs clear and  unambiguous. He                                                               
called  attention  to  VPSOs  killed  in  the  line  of  duty  in                                                               
Manokotak and South Naknek. He  pointed out that VPSOs often work                                                               
without  backup   and  in  remote  locations.   He  informed  the                                                               
committee that VPSO calls to  the Alaska State Troopers (AST) for                                                               
assistance can  mean hours or  even days  due to weather.  He set                                                               
forth that  Senator Olson, SB  98's sponsor, believes that  it is                                                               
not reasonable to ask VPSOs  to walk unarmed into situations that                                                               
pose  obvious dangers  to  their  lives and  the  lives of  other                                                               
Alaskans. He  said it  is Senator Olson's  hope that  arming VSPO                                                               
first responders  in rural  Alaska will  have a  deterrent effect                                                               
that makes  the officers  and communities  safer. He  pointed out                                                               
that  SB 98  will not  require  VPSOs to  be armed.  He said  the                                                               
wishes of  individual communities, nonprofits, and  the Northwest                                                               
Arctic  Borough  will be  respected.  He  asserted that  everyone                                                               
should have a thorough understanding  of the issues if VPSOs will                                                               
be armed in the front lines  of public safety, search and rescue,                                                               
firefighting, and medical assistance.                                                                                           
                                                                                                                                
9:15:47 AM                                                                                                                    
He  addressed  arms training  and  evaluations.  He said  Senator                                                               
Olson's  office  has spoken  with  DPS  and specifically  Captain                                                               
Arlow, who  is the  head of  the VPSO  programs and  training for                                                               
AST. He said  the firearms training that VPSOs  will receive will                                                               
be absolutely  identical to  the firearms  training that  AST and                                                               
municipal  police officers  receive.  He pointed  out that  VPSOs                                                               
will  receive training  from the  same instructors  at the  Sitka                                                               
Training Academy (STA).  He revealed that training  will meet the                                                               
Alaska Police  Standards Council  and the Alaska  Law Enforcement                                                               
training requirement.  The training  would cover the  entirety of                                                               
the use of force continuum and  it emphasizes avoiding the use of                                                               
deadly  force. He  noted  that  training terms  used  in the  law                                                               
enforcement are  "verbal judo"  and "de-escalation  training;" it                                                               
is a technique used to try  to defuse situations to avoid the use                                                               
of firearms. He  said VPSO training would  also include intensive                                                               
scenario  based  exercises  with  the emphasis  on  judgment  and                                                               
avoiding the use of deadly force.                                                                                               
                                                                                                                                
He addressed  VPSO psychological  evaluations and noted  that DPS                                                               
officials anticipate  that the regional nonprofits  will agree to                                                               
a  requirement for  full psychological  evaluations for  carrying                                                               
firearms. The  VPSO psychological  evaluations will  be identical                                                               
to those administered to AST  and municipal police. He noted that                                                               
the requirement  for the psychological  evaluations can  be added                                                               
to  DPS'  contracts  with the  nonprofits  and  Northwest  Arctic                                                               
Borough. He  revealed that the  cost for each evaluation  will be                                                               
approximately   $400  per   person.  He   said  additional   VPSO                                                               
screenings will  include medical  examinations and  full criminal                                                               
checks from statewide and FBI resources.                                                                                        
                                                                                                                                
9:18:08 AM                                                                                                                    
MR. SCOTT  disclosed that  there have  been concerns  through the                                                               
committee  process  that  VPSO  firearms  training  will  not  be                                                               
thorough  and  comprehensive.  He   added  that  there  had  been                                                               
concerns regarding the psychological  evaluation levels for VPSOs                                                               
to  carry  firearms. He  asserted  that  DPS has  provided  every                                                               
assurance  that the  600  total hours  that  current VPSOs  train                                                               
combined  with additional  arms  training will  produce safe  and                                                               
conscientious officers.  He summarized  that Senator  Olson would                                                               
characterize SB 98's fiscal note as modest.                                                                                     
                                                                                                                                
9:19:06 AM                                                                                                                    
SENATOR GIESSEL  addressed the drafted amendment  provided to the                                                               
committee  regarding  VPSO  regulations, 13  AAC  96.040(b).  She                                                               
pointed out paragraph  (6) regarding the submission  of a written                                                               
report if  a VPSO has  to draw  his firearm and  noted permissive                                                               
language that  says "may permit" a  VPSO to carry a  firearm. She                                                               
asked if the submitted draft was done by DPS.                                                                                   
                                                                                                                                
MR.  SCOTT   answered  correct.  He  specified   that  the  draft                                                               
regulations that Senator Olson's office asked for.                                                                              
                                                                                                                                
SENATOR  GIESSEL   addressed  13  AAC  96.080   regarding  "Basic                                                               
standards  for  village public  safety  officers."  She asked  to                                                               
clarify  that 13  AAC 96.080  are adopted  regulations that  from                                                               
what Mr. Scott  described will be revisited  and probably beefed-                                                               
up a bit.                                                                                                                       
                                                                                                                                
MR.  SCOTT   replied  that  DPS  can   answer  Senator  Giessel's                                                               
question.                                                                                                                       
                                                                                                                                
CHAIR  DYSON stated  that in  general,  government employees  and                                                               
public  safety officers  have  sovereign  immunity that  protects                                                               
them  from  lawsuits.  He  asked  if  VPSOs  would  have  similar                                                               
protection.                                                                                                                     
                                                                                                                                
9:20:55 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee meeting.                                                                              
                                                                                                                                
MR.  SCOTT  addressed  the  fiscal  note  and  pointed  out  that                                                               
additional liability insurance is included for $500 per VPSO.                                                                   
                                                                                                                                
CHAIR DYSON asked if the  added liability insurance is covered by                                                               
the state or regional corporations.                                                                                             
                                                                                                                                
MR.   SCOTT  replied   that  to   his   knowledge  the   regional                                                               
corporations  or non-profits  that  administer  the VPSO  program                                                               
with cover the liability insurance.  He deferred to DPS to verify                                                               
his assessment.                                                                                                                 
                                                                                                                                
CHAIR DYSON invited officials from DPS to address the committee.                                                                
                                                                                                                                
9:22:34 AM                                                                                                                    
TERRY VRABEC,  Deputy Commissioner,  Alaska Department  of Public                                                               
Safety, Juneau, Alaska.                                                                                                         
                                                                                                                                
9:22:43 AM                                                                                                                    
COLONEL  JAMES  COCKRELL,  Director,  Division  of  Alaska  State                                                               
Troopers, Alaska Department of Public Safety, Anchorage, Alaska.                                                                
                                                                                                                                
MR. VRABEC addressed liability concerns  and noted that the added                                                               
$500 is for  the non-profits' individual VPSOs. He  said there is                                                               
liability  in everything  and DPS  will take  VPSO training  very                                                               
seriously.                                                                                                                      
                                                                                                                                
COLONEL  COCKRELL asserted  that DPS  had adequate  safeguards in                                                               
place to  provide the firearms  training necessary for  VPSOs. He                                                               
noted that he had met with  various VPSOs plus the nonprofits and                                                               
revealed that  there seems to  be universal support  for allowing                                                               
the option to arm VPSOs. He  said villages are seeing an increase                                                               
in assaults, including  the VPSOs. He asserted  that arming VPSOs                                                               
gives communities an option to decide  if they want to have armed                                                               
VPSOs.  He pointed  out  that  arming VPSOs  will  be  up to  the                                                               
nonprofits  and individual  communities.  He set  forth that  DPS                                                               
supports  SB 98  and will  ensure that  there are  protections in                                                               
place to assure VPSO and community safety.                                                                                      
                                                                                                                                
9:25:19 AM                                                                                                                    
SENATOR WIELECHOWSKI  noted his  support for  the concept  of the                                                               
bill.  He  explained that  his  only  issue  with  SB 98  is  its                                                               
training  aspect.  He asked  if  VPSOs  are considered  state  or                                                               
nonprofit employees.                                                                                                            
                                                                                                                                
MR.  VRABEC  answered that  VPSOs  are  not state  employees.  He                                                               
pointed that the VPSOs go to  STA, but the VPSOs are employees of                                                               
their respective nonprofit organization.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked if VPSOs  are indemnified by the state                                                               
or  native  nonprofits for  any  liability  if VPSOs  use  deadly                                                               
force.                                                                                                                          
                                                                                                                                
MR. VRABEC answered  that liability insurance is  included in the                                                               
fiscal  note.   He  specified   that  the   additional  liability                                                               
insurance  costs  are  coming  up   because  there  obviously  is                                                               
potential  liability  that  would  be  borne  by  the  respective                                                               
nonprofit corporation. He  stated that anytime DPS  does any type                                                               
of training or programs with a  VPSO, police officer, or AST, DPS                                                               
ensures  that  training meets  the  highest  standards that  also                                                               
protects DPS respectively with some of the liability.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if  a  VPSO   can  potentially  be                                                               
criminally  prosecuted if  the  use of  force  was not  justified                                                               
under Alaska law  and could there be civil  responsibility if the                                                               
use was not justified.                                                                                                          
                                                                                                                                
MR.  VRABEC replied  that he  cannot  speak as  an attorney,  but                                                               
anytime  any officer  takes  any action,  everyone  will be  held                                                               
accountable  and  actions must  be  justified.  He remarked  that                                                               
Senator Wielechowski's inquiry was potentially possible.                                                                        
                                                                                                                                
9:27:31 AM                                                                                                                    
SENATOR WIELECHOWSKI  asked if VPSOs will  be treated differently                                                               
from ASTs in  terms of criminal prosecution  and civil liability.                                                               
He inquired if native nonprofits  would be liable for the actions                                                               
of their VPSO employees.                                                                                                        
                                                                                                                                
MR. VRABEC  replied that he would  not be able to  answer Senator                                                               
Wielechowski's  question.  He commented  that  any  use of  force                                                               
action or  the use of deadly  force by any department  or VPSO is                                                               
internally investigated by DPS. He  asserted that DPS does a very                                                               
good investigative job.                                                                                                         
                                                                                                                                
COLONEL COCKRELL added  that if DPS had a situation  where a VPSO                                                               
used  deadly force  in a  village,  whether it  was justified  or                                                               
unjustified, AST would  be the lead investigative  agency and the                                                               
only investigative agency. He said  a deadly force incident would                                                               
be  thoroughly  investigated  and  as   is  done  in  AST  cases,                                                               
regardless if  DPS felt it  was justified  or not, it  still gets                                                               
reviewed by the Department of  Law-Office of Special Prosecutions                                                               
to determine justification.                                                                                                     
                                                                                                                                
SENATOR  COGHILL inquired  if  DPS' expectations  on  the use  of                                                               
deadly force would be included in  the VSPO training. He asked if                                                               
the VPSO trainees and the  corporations doing the hiring would be                                                               
made  aware of  the deadly  force incident  process and  possible                                                               
liability.                                                                                                                      
                                                                                                                                
9:30:25 AM                                                                                                                    
CAPTAIN STEVEN  ARLOW, Commander, Village Public  Safety Officers                                                               
Program, Division of Alaska State  Troopers, Alaska Department of                                                               
Public   Safety,  Anchorage,   Alaska;  answered   that  firearms                                                               
training for  VPSOs will be new  grounds as far as  educating the                                                               
nonprofits  on  the  firearm component.  He  explained  that  the                                                               
current firearms training at the  academy covers the use of force                                                               
and the associated law issue. He  explained that the use of force                                                               
is   currently  investigated   through  the   Alaska  Bureau   of                                                               
Investigations where  an incident is  treated like a  crime scene                                                               
until all of  the information and evidence is  collected. He said                                                               
after  information  and evidence  is  gathered,  the incident  is                                                               
written  up   and  then  reviewed   by  the  Office   of  Special                                                               
Prosecutions.   He   detailed   that  the   Office   of   Special                                                               
Prosecutions  determines   independently  whether  there   was  a                                                               
criminal  act involved  and justifiability.  He  opined that  the                                                               
Special Prosecutions'  determination would most likely  be shared                                                               
with the nonprofits since the  nonprofit is the VPSO employer. He                                                               
added  that if  there was  any  civil litigation  to follow,  the                                                               
nonprofits  would have  the  information provided  for  use in  a                                                               
civil case  as well. He set  forth that VPSOs will  be briefed on                                                               
things  to anticipate  with the  responsibilities  of carrying  a                                                               
firearm, just like any AST or law enforcement trainee.                                                                          
                                                                                                                                
9:32:44 AM                                                                                                                    
CHAIR  DYSON addressed  Senator Coghill's  question and  asserted                                                               
that the  intent was  to clarify  that the  regional corporations                                                               
and the  nonprofits will understand  that some liability  will be                                                               
incurred  if  deadly  force  is  used.  He  set  forth  that  the                                                               
committee encourages DPS  to make very clear  to the corporations                                                               
that liability will be incurred.                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI noted that  Captain Arlow did a presentation                                                               
in House Finance on the reasons  that VPSOs leave the program. He                                                               
recalled  that   approximately  30   percent  leave   because  of                                                               
violation of rules or laws.                                                                                                     
                                                                                                                                
CAPTAIN ARLOW  responded that about  half had issues  with either                                                               
policy  violations   or  personal  judgment  calls   where  VPSOs                                                               
violated  either the  law itself  or some  policy. He  noted that                                                               
most of  the nonprofits have  a strict zero tolerance  policy for                                                               
the use  of alcohol  in the dry  villages, violating  the alcohol                                                               
policy  is  grounds  for  termination.  He  specified  that  VPSO                                                               
terminations are  25 to 30  percent for policy violations  and 20                                                               
to 25 percent for criminal activities.                                                                                          
                                                                                                                                
9:34:37 AM                                                                                                                    
SENATOR  WIELECHOWSKI   pointed  out  a  concern   regarding  the                                                               
creation  of  a private  police  force  to  enforce the  laws  of                                                               
Alaska.  He added  that arming  VPSOs is  essentially giving  AST                                                               
responsibilities  to a  private  police force.  He asserted  that                                                               
VPSOs  do  not  have  the  training  and  background  checks.  He                                                               
referred to the 30 percent VPSO  turnover rate because of rule or                                                               
law  violations. He  asked  if private  police  forces were  used                                                               
anywhere else in the U.S.                                                                                                       
                                                                                                                                
MR.  VRABEC replied  that VPSOs  are very  specialized and  their                                                               
academy  training is  over 600  hours. He  pointed out  that VPSO                                                               
training  is  more  than  just  law  enforcement.  He  said  VPSO                                                               
training   also   includes   fire  and   rescue,   medical,   and                                                               
firefighting.  He  asserted  that  nonprofit  organizations  love                                                               
having their VPSOs.                                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  announced that he  wanted to be  clear that                                                               
he has  absolutely no  disrespect on his  part towards  VPSOs. He                                                               
stated  that his  intent  is  to see  the  best possible  trained                                                               
officers that the state can get  into the villages. He asked what                                                               
the pay was for VPSO versus AST.                                                                                                
                                                                                                                                
9:36:34 AM                                                                                                                    
MR.  VRABEC replied  that he  does  not have  exact numbers,  but                                                               
conceded that  there is  a difference and  AST officers  are paid                                                               
more. He pointed  out that AST is a different  job at a different                                                               
capacity.  He noted  that the  Legislature  recently raised  VPSO                                                               
salaries. He  stated that the  VPSO position  is a great  job and                                                               
some do  very well with it.  He reiterated that VPSO  training is                                                               
extensive and the  600-plus hour academy is well  over the Alaska                                                               
Police  Standards  minimum  of  400-plus  hours.  He  added  that                                                               
firearms will increase the VPSO training hours.                                                                                 
                                                                                                                                
SENATOR  COGHILL   said  part  of   the  question   that  Senator                                                               
Wielechowski was  getting to  is the  corporations are  doing the                                                               
hiring  and  that  is  a private  entity,  but  corporations  are                                                               
community based  entities as  well, something  that is  unique to                                                               
Alaska.  He queried  what would  happen if  a community  does not                                                               
support a corporation  and noted that a  corporation is different                                                               
from  a municipality  under Alaska  Statutes-Title  29. He  noted                                                               
that  the State  partners  with the  corporations and  questioned                                                               
whether the VPSO program is a private police force.                                                                             
                                                                                                                                
9:39:32 AM                                                                                                                    
MR. VRABEC answered  that VPSOs are considered  peace officers in                                                               
the state  and do  have law enforcement  authority. He  set forth                                                               
that VPSOs are  employees of the nonprofits. He  said in addition                                                               
to training,  DPS assists with  the backgrounds and  screening of                                                               
VPSO  candidates. He  concurred  that the  VPSO  program is  very                                                               
unique to Alaska with the state's rural areas.                                                                                  
                                                                                                                                
CHAIR  DYSON remarked  that most  of the  villages he  had worked                                                               
with in  Western Alaska had  problems with bears in  local dumps.                                                               
He asked  what is done  about VPSOs  having to protect  people or                                                               
run bears out of the dump. He  asked if VPSOs are allowed to have                                                               
a shot gun.                                                                                                                     
                                                                                                                                
CAPTAIN ARLOW answered  yes. He noted that  current VPSO training                                                               
includes  proper  shotgun  use   for  the  problems  Chair  Dyson                                                               
described. He revealed  that VPSOs already have  the authority to                                                               
use  a  shotgun   as  well  as  using  a   firearm  in  emergency                                                               
situations.  He  said  allowing  VPSOs  to  carry  a  firearm  is                                                               
actually  introducing another  tool to  do the  job. He  said the                                                               
VPSO  liability already  exists for  batons or  other instruments                                                               
needed for VPSOs to protect themselves.                                                                                         
                                                                                                                                
CHAIR DYSON asked if anyone in  the committee room or online that                                                               
wants to speak against SB 98.                                                                                                   
                                                                                                                                
9:41:52 AM                                                                                                                    
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
9:41:59 AM                                                                                                                    
CHAIR DYSON  announced that SB 98  will be held in  committee. He                                                               
noted that Senator Wielechowski has  an amendment to introduce at                                                               
the next hearing.  He noted that the bill will  probably move out                                                               
of  committee  and  apologized  to  the  people  that  wanted  to                                                               
testify.  He  said  the  bill will  probably  not  require  added                                                               
testimony and asked supporters to provide written testimony.                                                                    
                                                                                                                                
9:43:00 AM                                                                                                                    
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
                                                                                                                                
          SB 182-PUBLIC EMPLOYEE SALARY DIFFERENTIALS                                                                       
                                                                                                                                
9:43:13 AM                                                                                                                    
CHAIR DYSON  stated that the  committee with  take up SB  182. He                                                               
noted that the Administration provided  testimony at the previous                                                               
hearing. He set forth that his  intention is to get through 35 or                                                               
40   minutes   of   public  testimony   and   asked   the   union                                                               
representatives to come forward and testify.                                                                                    
                                                                                                                                
9:44:14 AM                                                                                                                    
BEN GOLDRICH, Union  Representative, Marine Engineers' Beneficial                                                               
Association (MEBA), Juneau, Alaska.                                                                                             
                                                                                                                                
9:44:23 AM                                                                                                                    
RON    BRESSETTE,    Regional    Representative,    International                                                               
Organization  of Masters,  Mates &  Pilots Union  (MM&P), Juneau,                                                               
Alaska,  said he  represents the  licensed deck  officers onboard                                                               
the Alaska Marine Highway System (AMHS).                                                                                        
                                                                                                                                
9:44:35 AM                                                                                                                    
RICK  DEISING, Regional  Director, Inlandboatmen's  Union of  the                                                               
Pacific-Alaska  Region (IBU),  Juneau, Alaska,  said he  is a  32                                                               
year retiree from AMHS.                                                                                                         
                                                                                                                                
MR. GOLDRICH set  forth that the members of the  three unions are                                                               
the Senators' constituents.  He asserted that SB  182 will result                                                               
in  roughly a  10 percent  pay cut  for MEBA  members across  the                                                               
board and penalizes  MEBA members for being  Alaskan citizens. He                                                               
said Cost  of Living  Differentials (COLD) has  been part  of the                                                               
AMHS wage  for 30  years and enables  members to  live throughout                                                               
the state. He  stated that COLD was intended as  an incentive for                                                               
mariners to move to Alaska and it has been a success.                                                                           
                                                                                                                                
9:46:12 AM                                                                                                                    
He continued that the overwhelming  majority of MEBA members live                                                               
in Alaska.  He asserted  that SB 182  targets only  those members                                                               
living in the state. He pointed  out to the committee that SB 182                                                               
puts  MEBA members  in a  strange place  in addressing  COLD when                                                               
MEBA  is actively  in negotiations  with the  State. He  remarked                                                               
that  early on  in negotiations  the Administration  voiced their                                                               
concern  for COLD  and MEBA  has been  negotiating in  good faith                                                               
throughout  in  an  effort  to   come  to  a  mutually  agreeable                                                               
conclusion. He  asserted that  SB 182 passage  is asking  MEBA to                                                               
negotiate  out of  a hole.  He noted  that the  all of  the union                                                               
bargaining units  are concerned  with SB 182  due to  the current                                                               
vacancy rates that range from 7  to 20 percent. He set forth that                                                               
the intent  is to bring  young mariners  into the state,  live in                                                               
Alaska,  and  work  their  careers  in  AMHS.  He  asserted  that                                                               
removing COLD from  union member's wages is going  to prevent the                                                               
unions  from bringing  young talent  into Alaska  in addition  to                                                               
losing those  with years of  experience. He  said at a  time when                                                               
wage really is all  there is now, a 10 percent pay  cut is just a                                                               
killer and it is a big hit for AMHS moral.                                                                                      
                                                                                                                                
9:48:35 AM                                                                                                                    
SENATOR GIESSEL noted that a  chief engineer's wage is $40.62 per                                                               
hour in  Alaska, plus $677.96  for non-watch pay. She  asked what                                                               
non-watch pay is.                                                                                                               
                                                                                                                                
MR. GOLDRICH  replied that  non-watch pay is  a payment  that the                                                               
chief engineers receive  in lieu of overtime. He  detailed that a                                                               
chief engineer generally works a 12  hour day, but a day could be                                                               
18  hours long.  Non-watch pay  was intended  to be  based on  11                                                               
hours of overtime  pay, but members work for beyond  the 11 hours                                                               
every month.                                                                                                                    
                                                                                                                                
SENATOR GIESSEL asked if the $677.96 is per pay period.                                                                         
                                                                                                                                
MR. GOLDRICH replied  that the $677.96 is a flat  amount that the                                                               
chief engineers  receive per  pay period  regardless of  how many                                                               
hours they work.                                                                                                                
                                                                                                                                
MR. BRESSETTE noted that Mr.  Goldrich addressed concerns for all                                                               
three unions.                                                                                                                   
                                                                                                                                
9:51:07 AM                                                                                                                    
MR. DEISING  set forth  that IBU  represents the  unlicensed AMHS                                                               
employees. He  said SB 182  will harm  all Alaskans that  work in                                                               
the state.  He detailed that  IBU has 640  members in AMHS  and 5                                                               
percent are from out of state.  He asserted that a 10 percent pay                                                               
cut is  going to  harm the  lifestyle of  every IBU  member, harm                                                               
Alaska communities,  and will  not entice  new employees  to work                                                               
for  AMHS. He  pointed out  that  IBU members  are well  trained,                                                               
first responders that wear multiple hats on ships.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI addressed the  40 year old contract language                                                               
which basically  says the base rate  is based on a  Seattle rate,                                                               
but COLD is provided for employees that live in Alaska.                                                                         
                                                                                                                                
MR. BRESSETTE answered yes.                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI continued that if  COLD is taken away, every                                                               
Alaskan member will receive a pay  cut, while the people who live                                                               
outside of Alaska keep their wage the same.                                                                                     
                                                                                                                                
MR. BRESSETTE answered yes.                                                                                                     
                                                                                                                                
9:54:11 AM                                                                                                                    
SENATOR  COGHILL noted  that the  contract with  COLD was  set in                                                               
1977. He asked what the 1977 differential is versus present day.                                                                
                                                                                                                                
MR.  GOLDRICH  answered that  the  differential  was set  between                                                               
Seattle and Anchorage. He said  currently the State contends that                                                               
the cost of living in Seattle  and Anchorage is roughly the same.                                                               
He  remarked  that  the  State's  cost  of  living  assertion  is                                                               
probably true  if an individual  lives in downtown  Seattle where                                                               
housing prices are  sky high. He asserted that it  is vastly more                                                               
expensive to  live in Alaska  than the  Lower 48. He  pointed out                                                               
that MEBA  members do not  receive step-increases, but  receive a                                                               
negotiated wage  that Alaska  members base  their living  on with                                                               
COLD.                                                                                                                           
                                                                                                                                
9:56:00 AM                                                                                                                    
SENATOR  COGHILL  asked  if  it would  be  more  advantageous  to                                                               
negotiate a wage  with COLD due to  Alaska's dynamic geographical                                                               
issues.                                                                                                                         
                                                                                                                                
MR. GOLDRICH  answered that  COLD is  a better  fit for  AMHS and                                                               
noted that the State does  not offer geographical differential in                                                               
negotiations.  He  said starting  from  10  percent less  with  a                                                               
geographical differential would only benefit day-boat members.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI set  forth  that the  three  unions are  in                                                               
negotiations  with  the  Administration.  He asked  if  there  is                                                               
anything  to   stop  the  Administration   from  coming   to  the                                                               
bargaining table and renegotiate the SB 182 provision.                                                                          
                                                                                                                                
9:57:50 AM                                                                                                                    
MR. GOLDRICH replied absolutely not.                                                                                            
                                                                                                                                
MR.  DEISING  added   that  COLD  has  been  a   topic  with  the                                                               
Administration.  He   asserted  that   union  members   are  very                                                               
passionate  about  keeping the  benefits  they  have and  serving                                                               
Alaskans to the best of their ability.                                                                                          
                                                                                                                                
MR.  GOLDRICH   addressed  the  Administration's   concerns  into                                                               
nonresidents  receiving COLD  and  noted that  over  the past  12                                                               
years only  1 member has lost  in arbitration. He said  it is the                                                               
State's  responsibility   to  take   members  to  task   who  are                                                               
nonresidents.  He   asserted  that   only  Alaskan   members  are                                                               
receiving COLD.                                                                                                                 
                                                                                                                                
10:00:40 AM                                                                                                                   
SENATOR WIELECHOWSKI noted the unusual  language in the agreement                                                               
that dates  back a  long time. He  remarked that  the Legislature                                                               
always talks about Alaska hire  and encouraging people to live in                                                               
Alaska, COLD is actually a pretty clever way to do that.                                                                        
                                                                                                                                
MR. GOLDRICH responded that COLD works.                                                                                         
                                                                                                                                
SENATOR  GIESSEL stated  that the  Legislature encourages  Alaska                                                               
hire. She referred  to the information provided to  her and noted                                                               
that there are  substantial benefits to living  in Alaska outside                                                               
of COLD. She pointed out that  after 5 years of service, an AMHS-                                                               
Alaska  resident annually  receives 420  vacation hours  with 180                                                               
sick-leave hours  and an  AMHS-nonresident receives  160 vacation                                                               
hours with 96 sick-leave hours.  She asserted that AMHS employees                                                               
receive significant  benefit as  Alaska residents in  addition to                                                               
COLD.                                                                                                                           
                                                                                                                                
MR.  BRESSETTE replied  that in  the MM&P  contract, there  is no                                                               
difference between  Alaska residents  and out of  state residents                                                               
as far  as vacation accumulation  or sick leave  accumulation. He                                                               
pointed  out that  everyone gets  the same  thing for  sick-leave                                                               
accumulation and vacation hours is based on hire-date.                                                                          
                                                                                                                                
10:02:51 AM                                                                                                                   
SENATOR GIESSEL  replied that she  will follow up with  the State                                                               
and noted  that her information  differs from what  Mr. Bressette                                                               
had noted.                                                                                                                      
                                                                                                                                
CHAIR DYSON  addressed Senator Wielechowski and  noted that parts                                                               
of the negotiation  are prescribed due to the 1977  law. He noted                                                               
that   the   Administration    has   addressed   a   geographical                                                               
differential in recent negotiations.                                                                                            
                                                                                                                                
MR. GOLDRICH  answered that  if the  State is  going to  offer up                                                               
geographical differential pay, the  unions are looking forward to                                                               
hearing their proposal in negotiations.                                                                                         
                                                                                                                                
CHAIR  DYSON  stated  that  he  may be  mistaken  and  noted  his                                                               
understanding  that the  Administration is  aware of  a potential                                                               
pay  cut. He  said he  is  hopeful that  the Administration  will                                                               
maintain  pay and  benefit levels  that will  keep union  members                                                               
happy.                                                                                                                          
                                                                                                                                
He announced that  the committee is going to run  out of time and                                                               
noted that  two or three pages  of testifiers have signed  up. He                                                               
announced his plan to provide  time for testifiers who are online                                                               
and in person.  He asked that the testifiers not  repeat what had                                                               
already been said unless it is very necessary.                                                                                  
                                                                                                                                
10:05:13 AM                                                                                                                   
CHRIS OLSEN,  Chief Engineer, Motor  Vessel (MV)  LeConte, Alaska                                                               
Marine Highway,  Wasilla, Alaska, noted  that MV LeConte  is home                                                               
ported in Juneau  and he is a  member of MEBA. He  stated that he                                                               
is testifying against  SB 182. He asserted that  SB 182 penalizes                                                               
him for  being an Alaska  resident. He said  he has been  an AMHS                                                               
crew member  for 18 years and  noted that he relocated  to Alaska                                                               
in  1986. He  said there  is no  comparison between  the maritime                                                               
unions'  COLD  and  the geographical  difference  for  the  other                                                               
regular  state Alaska  unions; the  two are  completely different                                                               
and unrelated to each other. He  asserted that SB 182 is specific                                                               
to the maritime  union's COLD payment. He asserted  that the 1977                                                               
contract  agreement  rewards  employees  who choose  to  live  in                                                               
Alaska   and  keeps   wages   within   Alaska  while   supporting                                                               
communities. He noted that he does  not agree with the study that                                                               
claims that the  cost of living in Seattle is  equal to Anchorage                                                               
and added  that he  pays for  commuting to  Juneau on  a biweekly                                                               
basis.                                                                                                                          
                                                                                                                                
10:08:29 AM                                                                                                                   
PATRICK PHILLIPS,  Crew Member, Motor Vessel  Fairweather, Alaska                                                               
Marine  Highway System,  Alaska  Department  of Transportation  &                                                               
Public Facilities,  Juneau, Alaska,  said he  moved to  Alaska 20                                                               
years ago. He  asserted that SB 182 punishes him  and changes the                                                               
deal he originally agreed to. He  asserted that the passage of SB
182 will be a hardship to him.                                                                                                  
                                                                                                                                
10:10:10 AM                                                                                                                   
JARED  BARLOW, Ordinary  Seaman, Motor  Vessel Kennicott,  Alaska                                                               
Marine  Highway System,  Alaska  Department  of Transportation  &                                                               
Public  Facilities, Klawock,  Alaska, stated  that he  is an  IBU                                                               
member. He  said he is speaking  against SB 182 and  asserts that                                                               
the bill's  passage will hurt  him. He  remarked that there  is a                                                               
cost living difference between Alaska and Seattle.                                                                              
                                                                                                                                
10:13:21 AM                                                                                                                   
TERESA  GILBERT, Chief  Steward, Motor  Vessel Kennicott,  Alaska                                                               
Marine  Highway System,  Alaska  Department  of Transportation  &                                                               
Public Facilities,  Juneau, Alaska, stated  that she is  buying a                                                               
home in  Juneau and sets her  budget according to her  wages. She                                                               
said a cut in pay will  be detrimental to her finances. She noted                                                               
that she  has worked 30 years  for AMHS and intends  to retire in                                                               
Juneau.                                                                                                                         
                                                                                                                                
CHAIR DYSON replied that the  committee wants Ms. Gilbert to stay                                                               
in Juneau. He asked if  the union representatives had any closing                                                               
comments.                                                                                                                       
                                                                                                                                
MR. GOLDRICH answered no.                                                                                                       
                                                                                                                                
CHAIR DYSON noted that he has  about nine pages of testifiers and                                                               
explained that  it is  very difficult to  get through  the entire                                                               
list. He encouraged  written testimony to be  submitted and noted                                                               
that SB  182 will  be heard  in other  committees in  addition to                                                               
having to go through the  House as well. He asked representatives                                                               
from the Administration to address the committee.                                                                               
                                                                                                                                
10:16:12 AM                                                                                                                   
NICKI NEAL, Director, Division of  Personnel and Labor Relations,                                                               
Alaska Department of Administration, Juneau, Alaska.                                                                            
                                                                                                                                
10:16:28 AM                                                                                                                   
KATE  SHEEHAN,  Deputy  Director, Labor  Relations,  Division  of                                                               
Personnel  and  Labor  Relations, Department  of  Administration,                                                               
Juneau, Alaska.                                                                                                                 
                                                                                                                                
CHAIR DYSON asked to clarify that  not having COLD will result in                                                               
AMHS  employees taking  up to  an $18,000  decrease per  year. He                                                               
remarked  that Alaska  residents  will  be discriminated  against                                                               
because  they would  not get  something even  though they  have a                                                               
higher cost  of living and the  accusation that there will  be no                                                               
geographical  differential   that  many  other   state  employees                                                               
receive.                                                                                                                        
                                                                                                                                
MS. SHEEHAN  addressed the bargaining  piece and stated  that the                                                               
DOA's bill  interruption is  that there would  no longer  be COLD                                                               
negotiations. She  pointed out that  there have  been discussions                                                               
on COLD  and geographical differential.  She noted that  the 2008                                                               
McDowell Study  used a national  study to  show that there  is no                                                               
COLD between  Seattle and Anchorage. She  said the Administration                                                               
is   in  the   process   of   having  geographical   differential                                                               
conversations   with  the   three  unions   and  referenced   new                                                               
geographical  differential  rates  implemented with  other  state                                                               
unions.                                                                                                                         
                                                                                                                                
10:18:22 AM                                                                                                                   
CHAIR DYSON  asked to  clarify that  the Administration's  use of                                                               
the word "COLD" means the term of  art that is in the statute. He                                                               
inquired that  the bill's passage  will allow  the Administration                                                               
to make  adjustments based on  where people's jobs are,  or where                                                               
people  live  as  the  standards  used by  the  State  for  other                                                               
employees.                                                                                                                      
                                                                                                                                
MS.  SHEEHAN  answered  that geographical  differential  is  more                                                               
difficult with  the marine units  because they can  live wherever                                                               
they  choose to  live. She  added that  AMHS employees  generally                                                               
work weekly  on-off based schedules and  can choose to live  in a                                                               
place other  than their  change port. She  pointed out  that AMHS                                                               
has three day-boats  in Metlakatla, Juneau, and  Cordova; that is                                                               
clearer  to  address.  She  pointed  out  that  the  geographical                                                               
differential was for the different  intrastate cost of living and                                                               
COLD was for interstate.                                                                                                        
                                                                                                                                
CHAIR DYSON pointed  out that testimony implied  that passing the                                                               
bill  just means  an  $8,000 to  $18,000 wage  cut.  He asked  to                                                               
verify that it  is the State's intent to  negotiate an adjustment                                                               
to keep AMHS' compensations competitive.                                                                                        
                                                                                                                                
MS.  NEAL answered  that  there will  be  options gained  through                                                               
collective bargaining and those  have already been discussed with                                                               
the  unions  regarding changes  to  the  geographic rates  within                                                               
Alaska.  She   pointed  out  that   there  were   discussions  on                                                               
protection for current employees on wage reduction.                                                                             
                                                                                                                                
10:20:52 AM                                                                                                                   
SENATOR  WIELECHOWSKI read  the  language from  the current  MM&P                                                               
Collective Bargaining Agreement with the State as follows:                                                                      
                                                                                                                                
     Section  17.02, this  is something  you negotiated  and                                                                    
     you agreed to, it says, "It  is agreed that the cost of                                                                    
     living differential  between Alaska and  Seattle, which                                                                    
     is referred  to in AS  23.40.210, shall be  a mandatory                                                                    
     subject  for collective  bargaining, and  shall not  be                                                                    
     changed, modified, adjusted,  re-determined, or altered                                                                    
     in any way  by the state of Alaska  unilaterally and no                                                                    
     change shall be made  without the consent and agreement                                                                    
     of the union."                                                                                                             
                                                                                                                                
He asked  Ms. Neal  to verify  that the section  he read  was the                                                               
section that the Administration negotiated.                                                                                     
                                                                                                                                
MS. NEAL answered yes, at one point in time many years ago.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked if Section 17.02 is currently valid.                                                                 
                                                                                                                                
MS. NEAL answered yes.                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asserted that  the Department  is violating                                                               
Section 17.02.                                                                                                                  
                                                                                                                                
MS. NEAL replied that she disagreed.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for  an explanation  as  to how  the                                                               
Administration is not involved in an unfair labor practice.                                                                     
                                                                                                                                
MS.  NEAL  answered   that  the  bill  is   irrespective  of  the                                                               
negotiations currently being held with the unions.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI responded  that the bill says  COLD shall be                                                               
changed without the consent and  agreement of the union. He asked                                                               
if the  Administration has the  unions' consent and  agreement to                                                               
change COLD.  He pointed  out that  he heard  unanimous testimony                                                               
that the Administration  did not have consent  and agreement from                                                               
the unions.                                                                                                                     
                                                                                                                                
MS.  SHEEHAN   replied  that  the  Administration   is  currently                                                               
bargaining  with   the  unions  on   COLD  and  the   process  is                                                               
irrespective  of  the  bill.  She   said  the  Administration  is                                                               
bargaining the COLD and  geographical differentials. She remarked                                                               
that the whole contract with  the unions is open for negotiations                                                               
and the Administration is not  violating the current contract and                                                               
is not involved in unfair labor practices.                                                                                      
                                                                                                                                
10:22:55 AM                                                                                                                   
SENATOR  COGHILL  inquired  if the  Administration  is  presently                                                               
bound statutorily to COLD.                                                                                                      
                                                                                                                                
MS. SHEEHAN answered yes.                                                                                                       
                                                                                                                                
SENATOR COGHILL  asked that the  bill's passage would  only apply                                                               
to prospective bargaining agreements.                                                                                           
                                                                                                                                
MS. SHEEHAN answered yes.                                                                                                       
                                                                                                                                
SENATOR   COGHILL   asked   if    Senator   Dyson   invited   the                                                               
Administration to you comment on the bill.                                                                                      
                                                                                                                                
MS. SHEEHAN answered yes.                                                                                                       
                                                                                                                                
SENATOR  COGHILL  opined  that  he   did  not  believe  that  the                                                               
Administration was  acting in bad  faith by commenting on  a bill                                                               
that  would change  prospective  bargaining. He  stated that  the                                                               
unfortunate part is  the unions and the Administration  is in the                                                               
middle of bargaining.                                                                                                           
                                                                                                                                
CHAIR  DYSON added  that  he  understands Senator  Wielechowski's                                                               
point is not that these people  discuss it, but indeed that it is                                                               
a part of negotiation in contrast  to the law. He asked if anyone                                                               
in the committee room is a labor attorney.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI [raised his hand.]                                                                                         
                                                                                                                                
CHAIR  DYSON   asserted  that  his  previous   statement  was  an                                                               
important question.  He said he will  hold SB 182 over.  He asked                                                               
that someone  from the  Administration have  a labor  attorney at                                                               
the  next  meeting in  order  to  address  the issues  raised  by                                                               
Senator  Wielechowski. He  noted that  he is  sympathetic to  the                                                               
bill, but  added that  he has  the question  about having  SB 182                                                               
pass in the  midst of negotiations. He apologized  and asked that                                                               
individuals  who  did not  get  a  chance  to testify  to  submit                                                               
written testimony. He announced that SB 182 is set aside.                                                                       
                                                                                                                                
10:24:56 AM                                                                                                                   
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
10:25:05 AM                                                                                                                   
SENATOR COGHILL asked if the next order of business is SB 98.                                                                   
                                                                                                                                
10:25:19 AM                                                                                                                   
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
10:25:38 AM                                                                                                                   
CHAIR DYSON  said Senator  Olson would like  to speak  to Senator                                                               
Wielechowski's   amendment  and   cannot  attend   the  committee                                                               
meeting. He announced that SB 98 will be held in committee.                                                                     
                                                                                                                                
He  said  he appreciated  everyone's  presence  at the  committee                                                               
meeting, particularly members of the marine unions.                                                                             
                                                                                                                                
10:26:09 AM                                                                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair  Dyson   adjourned  the   Senate  State   Affairs  Standing                                                               
Committee hearing at 10:26 a.m.                                                                                                 

Document Name Date/Time Subjects
SB 98.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Sponsor Statement.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 - TCC support.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Coons.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Kamai.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Letter Robert Claus.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document McCarthy Letter.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Wasserman.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Letters.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Informational Meeting Summary 9 26 2013.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Information Hearing Supporting Documents 2.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 DPS Draft Revised VPSO Regs.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Hiring Regs 13 AAC 96 080.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document ADN Article.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document ADN Editor Letter.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 98 Supporting Document Alaska Dispatch.pdf SSTA 2/27/2014 9:00:00 AM
SB 98
SB 141 Sponsor Statement.pdf SSTA 2/27/2014 9:00:00 AM
SB 141
SB141- Legislation - National Guard License Registration.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 141
SB 141 - Supporting - AK National Guard Benefits Summary.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 141
SB 141 - Supporting - Legislative Research Report.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 141
SB 182 - Sponsor Statement.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Legislation.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Section Analysis.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB182-DOT-AMHS-MVO-2-25-14.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
Alaska GDS 2008 Final.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Support Documents - Talking Points.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Support Document - 2011 CBA.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SJR 18 - Legislation.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Sponsor Statement.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Supporting Documents - Details of the Case for Convention of the States.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Supporting Documents - List of States with Current COS Movement Resolutions.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Supporting Documents - State Application and Convention Process Step by Step.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Supporting Documents - Timeline of State Article V Applications.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18
SJR 18 - Supporting Documents - What Types of Amendements Possible Under Proposed Topic.pdf SSTA 2/27/2014 9:00:00 AM
SSTA 3/11/2014 9:00:00 AM
SJR 18