03/25/2021 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB102 | |
| SB2 | |
| SB28 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 102 | TELECONFERENCED | |
| *+ | SB 2 | TELECONFERENCED | |
| *+ | SB 3 | TELECONFERENCED | |
| *+ | SB 28 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 25, 2021
3:31 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Mia Costello (via Teams)
Senator Roger Holland (via Teams)
Senator Lora Reinbold, Vice Chair (via Teams)
Senator Scott Kawasaki (via Teams)
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Alaska Police Standards Council
Ed Mercer - Juneau
Gregory Campbell - Palmer
- CONFIRMATIONS ADVANCED
Alaska Public Offices Commission
Hardy "Van" Lawrence - Fairbanks
- CONFIRMATION ADVANCED
SENATE BILL NO. 102
"An Act relating to the Compact for a Balanced Budget."
- HEARD & HELD
SENATE BILL NO. 2
"An Act relating to reporting acts of misconduct by peace
officers; relating to de- escalation procedures used by peace
officers; relating to peace officer certificates; and relating
to the Alaska Police Standards Council."
- HEARD & HELD
SENATE BILL NO. 28
"An Act establishing April 24 of each year as Vic Fischer and
Jack Coghill Constitution of the State of Alaska Day; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 3
"An Act relating to the Alaska Police Standards Council;
requiring a peace officer to attempt to de-escalate a situation
and use alternative non-lethal methods of engagement before
discharging a firearm; and requiring a peace officer to provide
an oral warning before discharging a firearm."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 102
SHORT TITLE: AMEND COMPACT FOR A BALANCED BUDGET
SPONSOR(s): SENATOR(s) HUGHES
03/10/21 (S) READ THE FIRST TIME - REFERRALS
03/10/21 (S) STA, FIN
03/25/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 2
SHORT TITLE: PEACE OFFICERS: DE-ESCALATION, MISCONDUCT
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) STA, JUD, FIN
03/25/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 28
SHORT TITLE: EST. APRIL 24 ALASKA CONSTITUTION DAY
SPONSOR(s): SENATOR(s) BEGICH
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) STA
03/25/21 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
ED MERCER, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
City and Borough of Juneau
Juneau, Alaska
POSITION STATEMENT: Testified for reappointment to the Alaska
Police Standards Council.
GREGORY CAMPBELL, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
HARDY "Van" LAWRENCE, Appointee
Alaska Public Offices Commission
Department of Administration (DOA)
Fairbanks, Alaska
POSITION STATEMENT: Testified for reappointment to the Alaska
Public Offices Commission.
SENATOR SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 102.
BUDDY WHITT, Staff
Senator Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 102 on behalf of the sponsor.
RILEY NYE, Intern
Senator Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 102.
MEADE TREADWELL, Chair
Balanced Budget Compact
Anchorage, Alaska
POSITION STATEMENT: Invited testimony in support of SB 102.
CHIP DEMOSS, CEO
Compact for America Educational Foundation (AEF)
Houston, Texas
POSITION STATEMENT: Invited testimony in support of SB 102.
SVEN LARSON, Economist and Advisor
Balanced Budget Compact
Wyoming
POSITION STATEMENT: Invited testimony in support of SB 102.
WES KELLER, representing self
Wasilla, Alaska
POSITION STATEMENT: Stated appreciation for the opportunity to
testify in support of SB 102.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 102.
SENATOR ELVI GRAY-JACKSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 2.
KEITH BAUGUESS, Staff
Senator Elvi Gray-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 2.
ROBERT GRIFFITHS, Executive Director
Alaska Police Standards Council
Juneau, Alaska
POSITION STATEMENT: Testified that the Alaska Police Standards
Council has no major concerns about SB 2.
COLONEL BRYAN BARLOW, Director
Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified that the department has no major
issues with SB 102 at this time.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 2.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Stated support for SB 2.
CELEST HODGE-GROWDEN, President and CEO
Alaska Black Caucus
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 2 and 3.
LILIANE ULUKIVAOLA, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 2.
KAREN MALCOLM-SMITH
David Dylan Foundation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 2.
MAXINE DOOGAN
Community United for Safety and Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 2 and 3.
MICHAEL PATTERSON
Party for Socialism and Liberation Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 2 and SB 3.
JULIE SMYTH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 2 and SB 3.
SENATOR TOM BEGICH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 28.
LOKI TOBIN, Staff
Senator Tom Begich
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 28.
RICK HALFORD, representing self
Chugiak, Alaska
POSITION STATEMENT: Invited testimony in support of SB 28.
BOB WALDROP, representing self
Anchorage, Alaska
POSITION STATEMENT: Invited testimony in support of SB 28.
ACTION NARRATIVE
3:31:59 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Holland and Costello (both via Microsoft
Teams), and Chair Shower.
He read the remote meeting protocols, including the roll call
that showed the presence and location of the following members:
SENATOR COSTELLO, Capitol room 119, SENATOR HOLLAND, Capitol
room 113, and CHAIR SHOWER in the Butrovich room, Capitol 205.
^Confirmation Hearing(s)
CONFIRMATION HEARING(S)
Alaska Police Standards Council
Alaska Public Offices Commission
3:37:11 PM
CHAIR SHOWER announced the consideration of Governor Appointees
to Boards and Commissions. He stated his intention to hear from
all the nominees referred to the Senate State Affairs Standing
Committee.
He asked Ed Mercer to introduce himself, provide a brief
overview, and tell the committee why he would like to continue
to serve on the Alaska Police Standards Council.
3:37:54 PM
ED MERCER, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), Chief, Juneau Police
Department, City and Borough of Juneau, Juneau, Alaska, stated
that he was born and raised in Sitka and has been a law
enforcement officer since he joined the Sitka Police Department
in 1992. In 2000, he transferred to the Juneau Police Department
and worked through the ranks from officer to chief of police. He
reported that he holds a Bachelor of Science degree in Criminal
Justice and is a graduate of the FBI academy. He listed the
boards he serves on currently. He has a strong purpose to serve
and has a good understanding of the police profession and its
accountability. He voiced support for maintaining the image of
professional law enforcement in the state, including uniform
standards for all Alaska law enforcement officers (LEOs). He
stressed the importance for police departments to maintain
systems of checks and balances to ensure that personnel perform
properly and with integrity.
SENATOR HOLLAND thanked Chief Mercer for his service.
CHAIR SHOWER asked if he had any conflicts of interest to
declare.
MR. MERCER answered no.
CHAIR SHOWER asked if he had any ethical or criminal issues that
might create a problem with service on the board.
MR. MERCER answered none at all.
CHAIR SHOWER asked if he had reviewed the state ethics policy.
MR. MERCER answered yes.
CHAIR SHOWER asked if he had any skeletons in the closet.
MR. MERCER answered no.
3:42:21 PM
CHAIR SHOWER opened public testimony on the appointment of Chief
Mercer to the Alaska Police Standards Council; finding none, he
closed public testimony.
CHAIR SHOWER asked Gregory Campbell to introduce himself,
provide a brief overview, and tell the committee why he would
like to serve on the Alaska Police Standards Council.
3:43:14 PM
GREGORY CAMPBELL, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), Palmer, Alaska, stated that
he served as a police officer for the state for 24 years before
retiring. He served with the Alaska State Troopers statewide and
finished his career as the chief of police for the North Slope
Borough Police Department. His interest in serving is to review
and try to improve the standards for rural police officers in
Alaska.
CHAIR SHOWER asked if he had any conflicts of interest to
declare.
MR. CAMPBELL answered no.
CHAIR SHOWER asked if he had any ethical or criminal issues that
might create a problem with service on the board.
MR. CAMPBELL answered none.
CHAIR SHOWR asked if he had reviewed the state ethics policy.
MR. CAMPBELL answered yes.
CHAIR SHOWER asked if he had any skeletons in the closet.
MR. CAMPBELL answered no.
3:45:20 PM
CHAIR SHOWER opened public testimony on the appointment of
Gregory Campbell to the Alaska Police Standards Council; finding
none, he closed public testimony.
CHAIR SHOWER asked Hardy "Van" Lawrence to introduce himself,
provide a brief overview, and tell the committee why he would
like to continue to serve on the Alaska Public Offices
Commission
3:46:05 PM
HARDY "Van" LAWRENCE, Appointee, Alaska Public Offices
Commission, Department of Administration (DOA), Fairbanks,
Alaska, stated that he holds undergraduate degrees in government
and economics and graduated from law school. He moved to Alaska
in 1978 and has owned and operated his law firm since 1980. He
has participated in community service and served two terms on
the Fairbanks North Star Borough Assembly. He would like to
serve on APOC because it plays a vital role in ensuring that
public officials, candidates, and groups comply with campaign
finance and election laws and regulations. Having run in three
local elections and one state House race, he understands the
stress candidates are under and he feels he will be able to
apply the rules with insight and fairness. Further, he said his
training and experience as a lawyer helps him understand and
apply campaign finance laws and regulations fairly and
consistently.
SENATOR HOLLAND thanked him for being involved and expressed
appreciation for the insight into the stress candidates are
under to follow the rules.
CHAIR SHOWER asked if he had any conflicts of interest to
declare.
MR. LAWRENCE answered no.
CHAIR SHOWER asked if he had any ethical or criminal issues that
might create a problem with service on the board.
MR. LAWRENCE answered no.
CHAIR SHOWER asked if he had reviewed the state ethics policy.
MR. LAWRENCE answered yes.
CHAIR SHOWER asked if he had any skeletons in the closet.
MR. LAWRENCE answered no.
CHAIR SHOWER asked if he sees areas within APOC that could be
made better, more efficient, or more helpful to candidates.
Specifically, he asked about the use of dark money on ballot
measures.
MR. LAWRENCE said he believes the regulations that the
commission promulgates regarding the fines for campaign
violations should be revised. Currently, fines continue to
accrue even when nobody is aware of the violation. This forces
the commission to look for mitigating factors and sometimes that
stretches the regulations, he said.
3:51:43 PM
CHAIR SHOWER opened public testimony on the appointment of Van
Lawrence to the Alaska Public Offices Commission; finding none,
he closed public testimony.
3:52:20 PM
SENATOR COSTELLO stated that in accordance with AS 39.05.080,
the Senate State Affairs Standing Committee reviewed the
following and recommends the appointments be forwarded to a
joint session for consideration:
[Alaska Police Standards Council]
Ed Mercer - Juneau
Gregory Campbell - Palmer
[Alaska Public Offices Commission]
Hardy "Van" Lawrence - Fairbanks
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
CHAIR SHOWER found no objection and the names were forwarded.
SB 102-AMEND COMPACT FOR A BALANCED BUDGET
3:53:10 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 102
"An Act relating to the Compact for a Balanced Budget."
He listed the individuals who would provide invited testimony.
3:54:07 PM
SENATOR SHELLEY HUGHES, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 102, said she was honored when former
lieutenant governor Meade Treadwell asked her to carry this
bill. Alaska joined the Compact for a Balanced Budget in 2014
and SB 102 reauthorizes that membership. She said the federal
debt is approaching $28 trillion and the compact is an effort to
keep from overburdening future generations. She explained that
the goal of the compact is to amend the US Constitution through
the Article V process. She deferred further introduction to
Buddy Whitt.
3:56:39 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, advised that SB 102 extends
Alaska's membership in the Compact for America. He said the goal
of this compact is to pass a balanced budget amendment to the US
Constitution. Alaska entered the compact in 2014 after the
passage of HB 284 sponsored by former Representative Wes Keller.
At the time, the national debt was $17.3 trillion, but it had
not surpassed the nation's Gross Domestic Product (GDP). As of
March 2021, the national debt was $28 trillion, which exceeds
the GDP by $6.4 trillion. For perspective, the difference
between the national debt and the GDP is more than the GDP of
every nation on earth except for the US and China. He said this
is obviously unsustainable. He urged the committee to recognize
the need for a balanced budget amendment and to continue to work
towards that goal.
SENATOR HOLLAND expressed appreciation for the bill.
SENATOR COSTELLO stated that it is a good idea to shine light on
this situation.
4:01:16 PM
RILEY NYE, Intern, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, presented the following Sectional
analysis for SB 102:
Section 1 Article I Page 1, Line 3 through Page 2,
Line 3
Article I of the Compact is the Declaration of Policy,
Purpose, and Intent of the Compact for a Balanced
Budget Amendment. There are no changes to Article I of
the compact.
Article II, Sections 1 5 Page 2, lines 6 through
30
These sections of Article II of the compact contains
definitions for the commonly used terms; "Compact",
"Convention", "State", "Member State", and "Compact
Notice Recipients". There are no changes to these
definitions, so these sections to Article II are
unchanged.
Article II, Section 6 Page 2, Lines 31 through Page
3, Line 2
Article II, section 6 contains the notice requirement
stipulations for the compact to the member states.
There are no changes to this section of the compact.
Article II, Section 7 Page 3, line 3 through Page 4,
Line 23
Article II, Section 7 is the Balanced Budget Amendment
itself. The Balanced Budget Amend contains 7 sections
and outlines the details and the mechanics of the
amendment. This section in unchanged.
Article III, Page 4, line 24 through Page 6, line 6
Article III of the Compact detail's membership and
withdrawal criteria. Article III is unchanged.
Article V, Page 9, Lines 4 through 14
Article V of the compact contains the resolution
language to Congress for the application for an
Article V Convention for the ratification of the
Balanced Budget Amendment. Article V of the compact is
also unchanged from the current compact.
Article VI, Page 9, line 15 through Page 11, line 23
Article VI of the compact contains instruction on the
appointment of delegates, the limitations of delegate
powers and delegate instructions. There is a change in
Article VI of the compact in that the Governor,
Speaker of the House and President of the Senate or
their designee will be the delegate to the Article V
Convention. This section also stipulates that the vote
of the majority of the members of the three-member
delegation will be the vote of the member state.
Article VII, Page 11, line 24 through Page 14, line 1
Article VII of the compact details the rules of the
convention and there are no changes in this article to
the current compact.
Article VIII, Page 14, lines 2 through 19
Article VII of the compact specifies a prohibition on
Ultra Vires (or Outside the Powers) Convention.
Meaning, that any action outside the scope, purpose,
and rules of the compact and the convention are out of
order and invalid. Article VII is unchanged from the
current compact.
Article IX, Page 14, lines 20 through 28
Article IX contains resolution language for each state
to use in ratifying the Balanced Budget Amendment.
This article is unchanged from the current compact.
Article X, Page 29, line 29 through 30
Article X contains the Construction, Enforcement,
Venue, and Severability Clause for the compact. The
only change to this Article is in the termination date
of the compact, which occurs either upon ratification
of the Balanced Budget Amendment or on April 12, 2031,
whichever occurs first.
4:04:30 PM
CHAIR SHOWER asked Mr. Whitt to set the record straight
regarding Articles IV and Article VII.
MR. WHITT advised that Article IV outlines the powers and
responsibilities of the compact commission and stipulates that
each commission member has one vote. This article provides the
mechanism for getting the commission together and to the final
goal of ratification of the constitutional amendment.
MR. WHITT said Article VII lays out the details of the rules of
the convention. He noted that there are no changes from the
current compact.
CHAIR SHOWER asked Mr. Whitt to introduce the invited
testifiers.
MR. WHITT said former Lieutenant Governor Meade Treadwell will
give opening comments and introduce the panel.
4:06:54 PM
MEADE TREADWELL, Chair, Balanced Budget Compact, Anchorage,
Alaska, stated that this is a very narrowly focused compact that
is intended to force a national conversation on the debt to try
to avoid a US default. The compact commission has economic
experts that are looking at the national default issue and who
owns US Treasuries. As to why Alaska should renew its
membership, he said the compact is working to force a
conversation on spending and debt. Mississippi, North Dakota,
North Carolina, and Arizona, either renewed their compacts or
renewal is pending. He said there is no perfect compact because
the federal government needs the means to spend in the event of
a true emergency, but the spending sideboards Congress has put
on itself have not been successful. It is important to have this
conversation because Alaska would feel the effects very quickly
if the federal government were to default. He said the state
owns a lot of Treasury bonds and it depends on federal spending.
MR. TREADWELL introduced Chip DeMoss to explain how the compact
works.
CHAIR SHOWER said he agrees with the concept.
4:12:50 PM
CHIP DEMOSS, CEO, Compact for America Educational Foundation
(AEF), Houston, Texas, advised that AEF is the designated
administrator for the Compact for a Balanced Budget. He related
that he is a CPA and has been involved in all aspects of
corporate finance for 30 years.
He explained that the written testimony he provided addresses
the technical aspects of the compact document and the balanced
budget amendment it contains. He thanked the State of Alaska for
taking a leading role in moving the compact forward, starting in
2014. Alaska was the second member state to express its desire
to exercise the power of the state legislature to propose and
ratify amendments to the US Constitution without going through
Congress. He also thanked Mr. Treadwell for working on behalf of
the foundation and for his leadership role as chair of the
compact commission.
4:14:33 PM
MR. DEMOSS provided an update. In 2017 when Arizona joined the
compact, the deadline for joining was extended to 2031 to give
other states time to join. The North Dakota legislature recently
sent the extension bill to the governor for a signature. Georgia
has indicated it wants to renew participation next session and
bills will be introduced in the North Carolina legislature next
week to join the compact. He said AEF believes more states will
join the compact very soon because Congress is unable to address
the out-of-control spending and federal debt. He highlighted
that the national debt grew to over $28 trillion last month. Now
that the stimulus bill was signed into law, the federal debt is
expected to exceed $30 trillion by the end of 2021. He noted
that he attached a graph to his written testimony that shows the
dramatic increases in the annual deficits over the last 10
years. He offered his belief that Congress never intends to pay
back what it has borrowed or to cut spending. He predicted
ballooning deficits and hyperinflation, which will destroy
American wealth nationwide.
MR. DEMOSS said economic experts are forecasting double-digit
inflation before the end of 2021. Instilling fiscal constraints
on Congress has to come from state legislatures. He said Alaska
has indicated it is willing to do so and the America Educational
Foundation is working to bring other states on board.
CHAIR SHOWER commented that this is not a partisan issue it is
an American issue.
SENATOR COSTELLO asked if issues other than the balanced budget
could be brought forward at the convention.
MR. DEMOSS said no, only the balanced budget amendment may be
considered at the convention. The compact limits the convention
to 24 hours and the balanced budget amendment must be ratified
by 38 states.
MR. TREADWELL added that Article V has never been used to amend
the US Constitution and the compact was carefully crafted to
prevent a runaway convention.
SENATOR HOLLAND asked how many states have joined and if there
was a projection for getting 38 states to join.
4:20:17 PM
MR. TREADWELL mentioned states moving in the direction of
joining and suggested the committee members should work through
interstate legislative groups to encourage other states to join.
SENATOR HOLLAND said this is a noble effort that could snowball
once it picks up momentum.
4:22:48 PM
SVEN LARSON, Economist and Advisor, Balanced Budget Compact,
Wyoming, stated that he participated in the initial drafting of
the Balanced Budget Amendment. He highlighted that the budget
deficit today is 15 percent of GDP and in 2020 the federal
government borrowed the equivalent of 15 percent of GDP.
MR. LARSON said both Alaska and Wyoming have structured their
state and local governments on the premise that minerals will
continue to produce revenue. That is no longer the case so both
states have to realign to a new revenue stream. In this
circumstance, it is easy to become more dependent on federal
money, he said, particularly for Medicaid. Should the federal
government default or even see the potential for that, it will
quickly cut expenditures and Medicaid money for states will be
at the top of the list. He asked members to imagine what the
Alaska government would do if it were to lose even 10 percent of
its Medicaid funding.
MR. LARSON said the benefit of the Balanced Budget Compact is
that it gives states a seat at the table, so the federal
government never reaches the point of drastic cuts in aid to
states. That is probably the most important component of the
Balanced Budget Compact for state legislatures to consider. He
said a final point about that is that the federal money to
states cannot be used as a quid pro quo to allow Congress to
increase its debt limit.
MR. LARSON concluded that as an economist he cannot emphasize
strongly enough how important the Balanced Budget Amendment is
for states.
SENATOR HOLLAND said he appreciates the enthusiasm.
CHAIR SHOWER expressed hope that the state continues to work on
this.
4:28:04 PM
WES KELLER, representing self, Wasilla, Alaska, said he
appreciates the opportunity to testify in support of SB 102. He
thanked the sponsor and Mr. Treadwell for their work on the bill
and pointed out that the Compact for American will cost the
state nothing. He said he was honored to carry the bill in 2014
and he believes there is more reason to be enthused today. He
explained that the compact provides for the use of Article V to
amend the US Constitution to require a balanced budget. Alaska
was the second state to join the commission. He drew an analogy
between having a compact on the books and having a high-quality
damper control on a raging wood-fired stove. He said the compact
enables three-fourths of the sovereign states to slow federal
spending, which he believes is long overdue. He said a point
that has not been made is that the compact can provide the
catalysis that Congress needs to regulate itself. He asked the
committee to support this very well vetted bill. SB 102 gives
states the opportunity to cooperate and compel Congress to limit
spending.
SENATOR HOLLAND thanked him for the enthusiasm.
CHAIR SHOWER said he believes the committee understands the
importance of the bill and the danger of an unsustainable
national debt.
MR. TREADWELL thanked the committee and Alaska for the support
it has given to this compact.
MR. WHITT thanked the committee for hearing the bill.
4:35:00 PM
CHAIR SHOWER opened public testimony on SB 102.
4:35:19 PM
MIKE COONS, representing self, Palmer, Alaska, reported that
according to the Balanced Budget Taskforce website, 6 more
states or 34 states in total need to join the compact to
authorize holding a convention and 38 states are needed to
ratify the amendment. He said he has been advocating for a
balanced budget amendment to the US Constitution for years. He
stated support for SB 102 and states taking back their
government through Article V of the US Constitution.
4:37:03 PM
CHAIR SHOWER closed public testimony on SB 102. He advised that
written testimony could be sent to [email protected] and it would
be added to the record.
4:37:29 PM
CHAIR SHOWER held SB 102 in committee for further consideration.
SB 2-PEACE OFFICERS: DE-ESCALATION, MISCONDUCT
4:37:41 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 2
"An Act relating to reporting acts of misconduct by peace
officers; relating to de- escalation procedures used by peace
officers; relating to peace officer certificates; and relating
to the Alaska Police Standards Council."
He listed the individuals who were available to answer questions
and provide invited testimony.
4:38:10 PM
SENATOR ELVI GRAY JACKSON, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 2, read the following introductory
statement for SB 27 into the record: [Original punctuation
provided.]
First, I would like to thank the hard-working men and
women peace officers and office staff who provide the
services that protect lives and welfare of the people
within Alaska's communities. Thank you all for your
service.
The recent casualties surrounding civilians has drawn
even greater attention to issues around policing and
police to community relationships. This moment seems
to have created real momentum to address one of the
longest standing injustices in society.
During last summer and into the Fall, my office -
along with Senator Begich's office - worked together
to develop a series of bills. These bills were drafted
by Legislative Legal as a bill packet that our offices
refer to as TPIP- Turning Pain into Progress. TPIP
was crafted after the national 8 Can't Wait campaign
which is eight specific policies that have been
proven, with data, to reduce police violence by as
much as 72 percent, when implemented. I recognize that
the national campaign can't and shouldn't be applied
to a place as unique as Alaska. Therefore, I spent a
great deal of time talking to stakeholders and gaining
input throughout the process of drafting these bills
to ensure that the proposal would be fitting for
Alaska. I am pleased to say that I have engaged public
safety agencies to include the Anchorage Police
Department, Anchorage Police Employees Association,
Public Safety Employees Association, and the National
Organization of Black Law Enforcement Executives
during the process. Because of my proactive approach,
I am confident in moving forward with the
implementation of public safety policy changes that
will benefit both the citizens of Alaska and our law
enforcement officers.
4:40:11 PM
SENATOR GRAY-JACKSON read the following sponsor statement for SB
27 into the record: [Original punctuation provided.]
The vast majority of law enforcement officers in this
country perform their difficult duties daily with
respect to their communities and in compliance with
the law. There are, after all, incidents in which this
is not the case. Police misconduct can include, among
other things, excessive force, failure to intervene
when an officer sees another officer not following
protocol or practicing safety measures.
These above issues portray the need for additional
training specifically for police officers, probation
officers, parole officers, municipal correctional
officers, or correctional officers.
SB2 seeks to mandate training around de-escalation and
the duty to intervene as an officer. Additionally,
this bill would set new parameters around de-
certification, denial and revocation of certificates.
4:41:14 PM
KEITH BAUGUESS, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, paraphrased the following sectional
analysis for SB 2: [Original punctuation provided.]
Section 1. This section amends AS 18.65.220, the
statute regarding the powers of the Alaska Police
Standards Council by adding a new subsection. It would
adopt regulations that require a police officer,
probation officer, parole officer, municipal
correctional officer, or correctional officer to de-
escalate an encounter with a person who resists or
responds aggressively to officer contact or arrest by
using nondeadly or less lethal means before using
deadly force, if de-escalation is safe to attempt. It
would also require such officers listed to intervene
when the officer knows, or reasonably should know,
that another officer is engaged in an act of
misconduct, unless the officer cannot intervene
safely. That officer also is to immediately report to
a supervisor the incident involving another officer
engaged in an act of misconduct.
Section 2. This section amends AS 18.65.240(a) the
statute regarding Alaska Police Standards Council
Standards, setting forth that a person may not be
appointed as a police officer, except on a
probationary basis, based on completing training
regarding domestic violence, and sexual assault, and
having the qualifications established for employment.
The Council shall prescribe the means of presenting
evidence of fulfillment of these requirements.
Section 3. This section amends AS 18.65.240(c) to deny
or revoke the certificate of a police officer who does
not meet the standards or who fails to comply with the
regulations adopted under AS 18.65.220(b)(1)-(3), or
who has been the subject of a substantiated report of
an incident involving misconduct filed in accordance
with AS 18.65.220(b)(3).
4:43:05 PM
Section 4. This section amends AS 18.65.242(b), the
statute regarding standards for municipal
correctional, probation, and parole officers, to set a
[training] requirement for certification. Conforming
language is reflected in section 2 of this bill.
Section 5. This section amends AS 18.65.245, the
statute pertaining to denial or revocation of
certificate of municipal correctional, correctional,
probation, or parole officer with conforming language
that reflects section 3 of this bill.
Section 6. This section amends AS 18.65.280(b), the
statute regarding Alaska Police Standards Council
exceptions to set requirements for police training
programs.
Section 7. This section amends AS 18.65.670(c), the
statute regarding village public safety officer
program. Specifically, it sets requirement for
training subjects with conforming language that
reflects section 6.
4:44:16 PM
CHAIR SHOWER expressed support for including improvements to the
VPSO program in the bill. He said he was interested in hearing
what officers think about the bill. He asked if the members had
questions for Robert Griffiths or Colonel Barlow.
SENATOR HOLLAND asked for a short statement from each of the
individuals on their perspective of the bill.
4:47:20 PM
ROBERT GRIFFITHS, Executive Director, Alaska Police Standards
Council, Juneau, Alaska, stated that SB 2 reflects many of the
concerns about performance and training standards for officers
in the state that APSC is addressing in a new regulatory
package. The council is ready to embrace this type of change and
has no major concerns with the bill.
CHAIR SHOWER asked Colonel Barlow to comment on the balance
between giving police officers leeway and not putting them in
harm's way unnecessarily and "throwing the book" at officers who
do not follow the rules.
4:50:25 PM
COLONEL BRYAN BARLOW, Director, Alaska State Troopers,
Department of Public Safety (DPS), Anchorage, Alaska, stated
that the department provides public safety training for troopers
and police officers at the academy in Sitka that incorporates
the mindset of de-escalation and intervening when excessive use
of force is observed. Blocks of training are devoted to
professional police communication, critical incident
intervention, and multiple scenario-based training exercises. In
the latter, the role players are evaluated and rated in each
scenario, all of which have a de-escalation or intervention
component.
COLONEL BARLOW explained that after troopers complete more than
1,000 hours of training at the public safety academy, they are
involved in a months-long field training and evaluation program
where a training officer evaluates de-escalation techniques and
use of force. Following that training, the recruits are on
probationary status.
COLONEL BARLOW said the department takes de-escalation and
professionalism in service and communication with the public
very seriously. Officers are expected to hold themselves to a
high standard and policies require troopers to intervene and
report if excessive use of force is observed.
CHAIR SHOWER asked if he had any specific comments on or
concerns with the bill.
COLONEL BARLOW replied the department has no big issues with SB
2 at this time.
4:54:28 PM
SENATOR COSTELLO advised that Senator Kawasaki was online, but
his audio was not working. He sent a message asking how
frequently officers take refresher training on de-escalation and
specifically when an academy graduate takes the refresher
training.
MR. GRIFFTHS answered that current regulations do not require
annual or biannual recertification in de-escalation training.
Each individual department addresses that topic currently, but
next week APSC will consider a package of regulation change.
These include mandatory refresher training for all officers in
the state every year to maintain certification in de-escalation,
constitutional rights and other topics.
CHAIR SHOWER noted that Senator Kawasaki showed on the board,
but his audio was muted.
4:57:16 PM
CHAIR SHOWER opened public testimony on SB 2.
4:57:55 PM
MIKE COONS, representing self, Palmer, Alaska, stated that he
strongly opposes SB 2 in addition to SB 1, SB 4, SB 7, and SB
46. He maintained that these bills are what Black Lives Matter
is trying to do, which is to create a new socialist-approved
police force. The bill is more harassment of law enforcement.
4:59:40 PM
KATIE BOTZ, representing self, Juneau, Alaska, stated support
for SB 2. She cited a case last August where a police officer
escalated a domestic dispute. She said she was concerned about
the level of training the officer went through. She offered her
belief that there should be stricter rules and policies, so
officers do not misjudge and mistreat people on scene. She asked
the committee to strengthen the bill and hold police officers
accountable.
5:02:00 PM
CELEST HODGE-GROWDEN, President and CEO, Alaska Black Caucus,
Anchorage, Alaska, said the Alaska Black Caucus is a nonprofit
organization that champions the lives of Black people in the
areas of health, economics, education, and justice. She stated
strong support for both SB 2 and SB 3 and urged the committee to
support de-escalation bills. She said policing practices must
build community trust and foster collaboration to protect public
safety and all citizens. This legislation is a positive step
toward bridging the gap between law enforcement and all
citizens, including Black and indigenous people of color.
5:03:31 PM
LILIANE ULUKIVAOLA, representing self, Anchorage, Alaska, said
she supports SB 2 because law enforcement needs more training
and to be held accountable for their actions. She recounted a
situation where law enforcement was called to de-escalate a
situation with a suicidal person, but the officers ridiculed the
individual.
5:05:10 PM
KAREN MALCOLM-SMITH, David Dylan Foundation, Anchorage, Alaska,
stated strong support for SB 2. She related a personal story
where officers acted with no compassion when she was suicidal.
She declined a trip to the hospital and the officers put her in
handcuffs and used what she believes was excessive force to put
her in the back of the squad car. She said the officers were
young and appeared to be untrained.
5:07:32 PM
MAXINE DOOGAN, Community United for Safety and Protection
(CUSP), Fairbanks, Alaska, stated that CUSO is an ally for
current and former sex workers and is urging the committee to
support both SB 2 and SB 3. These bills codify important public
safety measures so there is no arbitrary enforcement between
jurisdictions, and the public will be clear about the
expectations.
5:08:42 PM
MICHAEL PATTERSON, Party for Socialism and Liberation Anchorage
(PSL), Anchorage, Alaska, stated that PSL held demonstrations in
Anchorage last summer and had conversations with thousands of
Alaskans about their personal interactions with the police. It
was disheartening to hear many people describe how police
treated them with violence and aggression when they were
experiencing a mental health crisis. This escalated the
situation. Thus, PSL Anchorage supports SB 2 and SB 3 to codify
standards for police officers.
MR. PATERSON related a personal encounter with Anchorage Police
Department (APD) officers when he was age 15. He described this
and other interactions with law enforcement in Alaska as "pretty
bad" and said SB 2 is a modest and necessary first step to
modernize Alaska's public safety laws.
5:10:19 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, advised that
she is an Inupiaq from Fairbanks who entered the foster care
system because of police brutality against her dad. Family
members and others have also talked about how the police treat
her people and the differences in treatment between a female and
a male. She said she has called the Alaska State Troopers
several times asking for help as recommended by the Interior
Alaska Center for Nonviolent Living and the troopers did not
follow through. She said it is almost taboo for people in her
community to call police because there is so much mistrust. She
urged the committee to do the research to see how bills like SB
2 and SB 3 have helped communities. She suggested the language
in SB 2 could be even stronger and require officers to prove
that their life was in danger when they opted to use deadly
force. She pointed out that per capita, Alaska is the second
worst state in the nation for police brutality against Alaska
Natives and Blacks. SB 2 is a step in the right direction.
5:13:38 PM
CHAIR SHOWER closed public testimony on SB 2 and held the bill
in committee.
SB 28-EST. APRIL 24 ALASKA CONSTITUTION DAY
5:14:03 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 28
"An Act establishing April 24 of each year as Vic Fischer and
Jack Coghill Constitution of the State of Alaska Day; and
providing for an effective date."
5:14:25 PM
CHAIR SHOWER recognized that Senator Reinbold and Senator
Kawasaki were present via Teams.
5:14:55 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 28, introduced the legislation paraphrasing the
following sponsor statement:
On April 24, 1956, the citizens of Alaska ratified the
Constitution of the State of Alaska, "guaranteeing
that the individual will always be in-charge,"
enshrining our State's values of individual freedom,
local control, and personal anatomy at the core of our
Statehood. The purpose of our Constitution was to
"transmit to succeeding generations our heritage of
political, civil, and religious liberty within the
United of States."
Over the past 65 years, the laws and policies of our
state have remained relevant and true. Those 55
delegates so long ago provided a visionary template
for guided governance that has served this state well.
Now is the time to recognize the persistence of our
Constitution by establishing an annual reminder and
celebration of the continuity of our state's values.
SB 28 provides a bridge from the past to the future by
establishing the Vic Fischer and Jack Coghill
Constitution of the State of Alaska Day. If we know
where we have come from, we will better attend to
where we are going. As Alaska grapples with an
unprecedented pandemic and increasing fiscal
instability, let us all take a moment to remember the
actions and efforts that shaped the state we are today
and focus on the state we wish to become.
5:17:34 PM
LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature,
Juneau, Alaska, presented the following sectional analysis for
SB 28:
Section 1.
Amends AS 44.12.010(a) by inserting subsection (5)
th
which denotes the 24 day of April, or Vic Fischer and
Jack Coghill Constitution of the State of Alaska Day,
as a legal holiday in the state of Alaska.
Section 2.
Conforms exceptions under AS 44.12.020 to align with
newly created subsection (5) under AS 44.12.010(a) to
ensure every Sunday continues to be recognized as a
legal holiday in the state of Alaska.
Section 3.
Inserts applicability language to ensure this
legislation does not void or create an unintended
impact on any existing state contract.
Section 4.
Establishes an effective date of July 1, 2021.
5:19:18 PM
CHAIR SHOWER opened public testimony on SB 28.
5:19:28 PM
RICK HALFORD, representing self, Chugiak, Alaska, stated that
when he was first in the legislature in the late 1970s he had
some of the best teachers possible. They had worked on statehood
and created the Alaska Constitution. He interacted with both
Jack Coghill and Vic Fisher and while they came from opposite
perspectives, they reflected the commitment to the long-term
future of the state. The constitution itself represents that
balance and that should be protected. He described SB 28 as a
step in the right direction in recognition that the Alaska
Constitution is the best of all the states.
5:20:59 PM
BOB WALDROP, representing self, Anchorage, Alaska, stated that
he was speaking in support of SB 28 and his comments are made
with respect for the history and confidence in the future. He
related that in the 2011 message to citizens in the
constitutional booklet, Jack Coghill, former state senator,
lieutenant governor, and delegate to the constitution
convention, said the Alaska Constitution is a product of Alaska
pioneers, the spirit of independence, and self-government. It is
the guarantee that the individual will always be in charge.
MR. WALDROP said he believes that the Alaska Constitution
strikes a fair balance of the power of the people and the
executive, legislative, and judicial branches. He cited the
first article of the constitution that says all political power
is inherent in the people. Since statehood, the constitution has
guided Alaska through good and bad times, he said, and the
principles continue to be as relevant today as when Alaskans
ratified the constitution. He said SB 28 would serve as an
annual reminder of the debt owed to all the founders and the
means to navigate the seas ahead.
5:22:39 PM
CHAIR SHOWER closed public testimony on SB 28 and held the bill
in committee for future consideration.
5:23:56 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 5:23 p.m.