Legislature(2025 - 2026)GRUENBERG 120
03/05/2026 03:15 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB250 | |
| HB152 | |
| HB278 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 250 | TELECONFERENCED | |
| += | HB 152 | TELECONFERENCED | |
| *+ | HB 295 | TELECONFERENCED | |
| += | HB 278 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 250-LAW ENFORCEMENT; CONCEALING ONE'S FACE
3:16:54 PM
CHAIR CARRICK announced the first order of business would be
HOUSE BILL NO. 250, "An Act establishing the crime of wearing a
mask in public while acting as a peace officer; and providing
for an effective date." [Before the committee, adopted as a
working draft on 2/10/26, was the proposed committee substitute
(CS) for HB 250, Version 34-LS1284\I, C. Radford, 1/21/26].
3:18:48 PM
CHAIR CARRICK said the committee would consider amendments.
CHAIR CARRICK moved to adopt Amendment 1 to HB 250, Version I,
labeled 34-LS1284\I.5, C. Radford, 3/2/26, which read as
follows:
Page 1, line 11, following "assignment":
Insert "that is authorized by the officer's
supervisor or by a court order"
Page 2, lines 1 - 4:
Delete all material and insert:
"(B) a medical mask or surgical mask
designed to protect against transmission of disease or
infection or any other mask or device, including an
air-purifying respirator, a full or half mask, or a
self-contained breathing apparatus, necessary to
protect against exposure to a toxin, gas, smoke,
inclement weather, or another hazardous or harmful
environmental condition;"
Page 2, line 7, following "Fahrenheit":
Insert ";
(E) a helmet if the officer is using a
motorcycle or other vehicle that requires a helmet for
safe operation while in the performance of the
officer's duties;
(3) is participating in a tactical
operation for which protective gear is required for
immediate physical safety; in this paragraph,
"tactical operation" means a planned or emergent law
enforcement activity
(A) involving the elevated risk of death or
serious physical injury, specialized operational
methods, or hazardous environmental conditions; and
(B) for which a peace officer's use of
protective equipment that partially or fully covers
the face is reasonably necessary for officer safety or
mission execution and is not intended to conceal the
officer's identity;
(4) is assigned to a special weapons and
tactics team and is actively performing
responsibilities of that team."
CHAIR CARRICK then objected for discussion purposes. She
explained Amendment 1 was drafted in consultation with the
sponsor. It provides additional exceptions for masking for
prevention of transmission of disease, helmet usage, and masks
in tactical operations.
3:21:04 PM
REPRESENTATIVE SARA HANNAN, Alaska State Legislature, as prime
sponsor of HB 250, urged adoption of Amendment 1.
3:21:56 PM
REPRESENTATIVE ST. CLAIR said he likes Amendment 1; however, he
noted that it narrows the scope but doesn't do what its author
intends.
CHAIR CARRICK said she wanted to put this language forward where
it is applicable and not applicable.
3:22:42 PM
CHAIR CARRICK removed her objection to Amendment 1. There being
no further objection, Amendment 1 was adopted.
3:23:05 PM
REPRESENTATIVE ST. CLAIR moved to adopt Amendment 2 to HB 250,
Version I, as amended, labeled 34-LS1284\I.9, C. Radford,
3/4/26, which read as follows:
Page 1, line 1, following "as":
Insert "or interacting with"
Page 1, line 5, following "as":
Insert "or interacting with"
Page 1, line 6:
Delete "peace officer"
Insert "person"
Following "as":
Insert "or interacting with"
Page 1, line 7, following "if":
Insert "(1) the person is a peace officer and"
Page 1, line 9, following "disguise":
Insert "; or
(2) the person knowingly conceals the
person's face with a mask or disguise while
interacting with a peace officer"
Page 2, line 8, following "as":
Insert "or interacting with"
CHAIR CARRICK objected.
REPRESENTATIVE ST. CLAIR stated the intent is to give parity to
anyone interacting with police officers.
3:23:37 PM
REPRESENTATIVE HANNAN said she opposes Amendment 2. There is a
difference between citizens and peace officers acting as
government agents.
3:24:32 PM
REPRESENTATIVE VANCE stated support for Amendment 2. Masking
creates a barrier to communication, and it makes it harder to
deescalate the situation.
3:25:47 PM
REPRESENTATIVE HOLLAND said he doesn't support Amendment 2. He
is concerned about the masking of officers and anonymity. Peace
officers are carrying tools making a non-level playing field.
It makes me uncomfortable to take away rights of citizens.
3:28:10 PM
CHAIR CARRICK maintained her objection. She said she
appreciates the intent of the amendment, and it is possible for
protestors to not wear masks. She stated wearing masks prevents
a more difficult situation.
3:29:26 PM
REPRESENTATIVE ST. CLAIR moved to withdraw Amendment 2 and
ascertaining no objection, Amendment 2 was withdrawn.
3:30:29 PM
REPRESENTATIVE ST. CLAIR said he would not be offering Amendment
3.
3:30:54 PM
REPRESENTATIVE ST. CLAIR moved to adopt Amendment 4, to HB 250,
Version I, as amended, labeled 34-LS1284\I.11, C. Radford,
3/4/26, which read as follows:
Page 2, line 7, following "Fahrenheit":
Insert ";
(3) is assigned to a multi-jurisdictional
task force or quick reaction force"
CHAIR CARRICK objected for discussion.
REPRESENTATIVE ST. CLAIR explained Amendment 4 which covers a
multi-jurisdictional task force or quick reaction force. He
explained that this was covered in Amendment 1, then withdrew
Amendment 4.
3:31:50 PM
REPRESENTATIVE ST. CLAIR said he would not be offering Amendment
5. He noted that it was because the issue was covered by
Amendment 1.
3:32:12 PM
REPRESENTATIVE VANCE moved to adopt Amendment 6 to HB 250,
Version I, as amended, labeled 34-LS1284\I.8, C. Radford,
3/5/26, which read as follows:
Page 1, lines 1 - 2:
Delete "establishing the crime of wearing a mask
in public while acting as a peace officer; and
providing for an effective date"
Insert "requiring the Alaska Police Standards
Council to establish standards for the acceptable use
of masks by a person employed as a municipal
correctional, correctional, probation, or parole
officer"
Page 1, line 4, through page 2, line 14:
Delete all material and insert:
"* Section 1. AS 18.65.240 is amended by adding a
new subsection to read:
(e) The council shall establish standards for the
acceptable use of masks by a person employed as a
police officer. In this subsection, "mask" means a
cloth face covering, surgical mask, respirator, or any
other covering worn over the nose and mouth.
* Sec. 2. AS 18.65.242 is amended by adding a new
subsection to read:
(d) The council shall establish standards for
the acceptable use of masks by a person employed as a
municipal correctional, correctional, probation, or
parole officer. In this subsection, "mask" means a
cloth face covering, surgical mask, respirator, or any
other covering worn over the nose and mouth."
CHAIR CARRICK objected for discussion.
REPRESENTATIVE VANCE spoke to Amendment 6, which requires the
Alaska Police Standards Council (APSC) to establish standards
for the acceptable use of masks by a person employed as a
municipal correctional, probation, or parole officer. The
amendment deletes establishing the crime of wearing a mask in
public while acting as a peace officer, and it provides for an
effective date.
3:33:38 PM
REPRESENTATIVE VANCE shared a legal memorandum ("memo") [in
committee file] regarding the applicability of the term "peace
officer" in HB 250 and whether using that term broadly raises
any constitutional issues. It stated this bill may therefore
raise supremacy clause and separation of powers issues. The
memo goes into detail on the supremacy clause and separation of
powers. The memo referenced ongoing legislation in California.
3:37:14 PM
CHAIR CARRICK requested the legal memo to be sent to her office.
3:37:31 PM
REPRESENTATIVE HANNAN opposed Amendment 6. The California case
ruled that the law would stand if applied to all levels of
officers like the way that HB 250 is crafted. The Alaska Police
Standards Council wouldn't apply to federal officers.
3:39:22 PM
REPRESENTATIVE ST. CLAIR said he likes Amendment 6, and he likes
the use of the Alaska Police Standards Council. He stressed the
importance of the supremacy clause.
3:41:34 PM
CHAIR CARRICK said that she ultimately could not support
Amendment 6, but this is a potential valid compromise in the
future.
3:43:15 PM
REPRESENTATIVE HIMSCHOOT stated authority for tribal law
enforcement is in partnership with, not under, federal
authority.
3:44:01 PM
REPRESENTATIVE HOLLAND said he is not going to support Amendment
6. He said in terms of having the Alaska Police Standards
Council look at this issue is a good idea.
3:44:42 PM
REPRESENTATIVE VANCE said that tribal sovereignty is developing
in Alaska. Under a federal pilot program, in Chickaloon there
is a tribal police force in their jurisdiction. There are both
the supremacy clause and separation of powers for tribal
sovereignty. She referred to legal memo [in committee file] on
the tribal sovereignty issue.
3:49:24 PM
CHAIR CARRICK asked for the legal memo and maintained her
objection.
3:49:39 PM
A roll call vote was taken. Representatives Vance and St. Clair
voted in favor of Amendment 6. Representatives Himschoot,
Holland, Story, and Carrick voted against it. Therefore,
Amendment 6 failed to be adopted by a vote of 2-4.
3:50:39 PM
REPRESENTATIVE HIMSCHOOT said she would like to know from the
sponsor where tribal enforcement fits in this bill.
3:50:56 PM
REPRESENTATIVE HANNAN replied that she does not know but will
investigate it before the House Judiciary Standing Committee
hears the bill.
3:51:30 PM
REPRESENTATIVE HIMSCHOOT said she wanted to confirm whether the
bill sponsor had considered this issue.
3:51:42 PM
REPRESENTATIVE VANCE said she was sorry not to get the legal
memo distributed to the committee. The response was that it
would take more time since this is an evolving issue.
3:54:29 PM
REPRESENTATIVE ST. CLAIR stated that he doesn't like the bill.
He hopes that the House Judiciary Standing Committee [the next
committee of referral] does its due diligence.
3:55:08 PM
CHAIR CARRICK said she appreciated the questions to take into
consideration and noted that the House Judiciary Standing
Committee would look further into these areas.
3:56:55 PM
REPRESENTATIVE STORY moved to report CSHB 250, Version 34-
LS1284\I, C. Radford, 1/21/26, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
REPRESENTATIVE VANCE objected.
3:57:33 PM
A roll call vote was taken. Representatives Story, Himschoot,
Holland, and Carrick voted in favor of reporting CSHB 250,
Version 34-LS1284\I, C. Radford, 1/21/26, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. Representatives Vance and St. Clair voted against
it. Therefore, CSHB 250(STA) was reported out of the House
State Affairs Standing Committee by a vote of 4-2.