Legislature(2021 - 2022)DAVIS 106
03/03/2022 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Missing and Murdered Indigenous Persons | |
| HB313 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 313 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 313-VILLAGE PUBLIC SAFETY OFFICER GRANTS
9:08:19 AM
REPRESENTATIVE FIELDS announced that the final order of business
would be HOUSE BILL NO. 313, "An Act requiring background
investigations of village public safety officer applicants by
the Department of Public Safety; relating to the village public
safety officer program; and providing for an effective date."
9:08:37 AM
CHAIR ZULKOSKY, as prime sponsor, presented HB 313. She
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
This bill implements nine recommendations of the joint
legislative VPSO Working Group's 2020 report. Created
in the late 1970's, the Village Public Safety Officer
(VPSO) program's stated purpose is to assist in the
protection of "life and property" and coordinate
probation and parole in rural communities.
Currently ten entities operate VPSO grants. Eight of
the ten grantees are regionally based nonprofit
corporations whose missions are to cultivate self-
determination among local tribal citizens. One is a
federally recognized tribe, and the Northwest Arctic
Borough, a home rule regional government seated in
Kotzebue, is the only grantee organization that is a
municipal government.
While the VPSO program has provided valuable service
to participating areas, the past decade has seen
shrinking numbers of VPSOs, significant difficulty in
recruitment and retention of officers, and community
needs that surpass the current duties of VPSOs. There
is undoubtedly a need to address the crisis in public
safety infrastructure and service in rural Alaska.
On May 9th, 2019, Senate President Cathy Giessel and
House Speaker Bryce Edgmon announced the creation of a
Joint House/Senate Working Group to provide
substantive policy recommendations related to the VPSO
program. Appointed to the working group were: Senator
Donny Olson, Co-Chair; Representative Chuck Kopp, Co-
Chair; Senator Click Bishop; Senator Mike Shower;
Representative Bryce Edgmon; and Representative George
Rauscher.
The working group was assigned to coordinate with
stakeholders to examine the underlying causes of the
recruitment and retention obstacle and provide
proposals to turn around the epidemic rate of
personnel turnover within the VPSO program.
The working group held meetings, attended community
meetings, participated in listening sessions, and
worked with stakeholders to arrive at the proposals
outlined in this report. The proposals primarily
address the core problem of increasing the number of
VPSO's available to communities.
House Bill 313 incorporates eight of the nine Working
Group's short-term recommendations.
CHAIR ZULKOSKY expressed appreciation for the Department of
Public Safety (DPS) and emphasized the importance of HB 313 in
relation to the topic of missing and murdered indigenous people.
She explained that HB 313 would incorporate eight of the nine
working group short-term recommendations, the ninth having been
removed after being deemed unnecessary.
9:13:19 AM
LOGAN BASNER, Staff, Representative Tiffany Zulkosky, Alaska
State Legislature, on behalf of Representative Zulkosky, prime
sponsor of HB 313, explained that the only difference between HB
313 and same-subject legislation introduced in the prior
legislature is that HB 313 would maintain Village Public Safety
Officer (VPSO) management within the Department of Public Safety
(DPS). He then gave a sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1 (pages 1-3) Amends AS 12.62.400 regarding
criminal history background checks and adds VPSO
program personnel as a program the Department of
Public Safety is authorized to secure background
checks via the Federal Bureau of Investigation. The
substantive change occurs on page 3, line 21.
Section 2 (page 3) Related to Section 1, Amends AS
18.65.080, one of the Department of Public Safety's
enabling statutes. The amendment requires that the
Department secure the background checks for VPSO
program personnel.
Sections 1 and 2 implement Recommendation 2 regarding
creating more financial flexibility for the program.
At one point the Department of Public Safety (DPS) was
conducting background checks for the VPSO program then
unilaterally stopped with no notice the grantee
organizations. Sections 1 and 2 together make it clear
that background checks are a DPS function for the VPSO
program.
Section 3 (pages 4-7) In current statute the VPSO
program has only one statute, AS 18.65.670. Section 3
proposes to repeal and reenact the statute and add
multiple new subsections.
Subsection (a) has been rewritten to conform to the
current Legislative Drafting Manual and because a new
statute is proposed in Bill Section 4, AS 18.65.686,
that updates VPSO duties and powers.
Subsection (b) is identical to existing (b), except
the last sentence of existing (b) is not included as
it was deemed unnecessary.
Subsection (c) is new and is the statutory
codification of current DPS regulation 13 AAC 96.020.
This implements Recommendation 9.
Subsection (d) is new and is the statutory
codification of current DPS regulation 13 AAC 96.030
with changes that remove the prohibition of existing
13 AAC 96.030(2) that prevents the payment of bonuses
from other non-VPSO grant revenue sources. Also
removed is the requirement that grantees indemnify the
state. These changes implement Recommendations, 2, 4,
and 9.
Subsection (e) is new and is the partial statutory
codification of current DPS regulations 13 AAC 96.040,
specifically, (a)(2). This subsection sets the overall
policy that one VPSO is generally assigned to one
village unless the grantee organization requests
additional VPSO personnel per village. The changes
reflect a more neutral and less harsh tone than the
language from the regulation. 32-LS0362\I
Subsection (f) is new and allows for traveling or
"roving" VPSO personnel who are permitted to itinerate
between villages within a grantee's region as public
safety needs arise. These changes implement
Recommendations 1, 2, and 9.
Subsection (g) is new and is the partial statutory
codification of current DPS regulations 13 AAC 96.040.
New (g) contains grant award record keeping
requirements and other grant management requirements.
These changes implement Recommendations 1, 2, and 9.
Subsection (h) contains new regulation adopting
authority for the DPS commissioner, subject to the new
consultation requirements of new (l) of this bill
section. These changes implement Recommendations 1, 2,
and 8.
Subsection (i) allows for funding grantee
organizations' indirect rates up to a statewide
average of 35%. This language has been used as intent
language in multiple prior operating budget bills.
These changes partially implement Recommendations 2,
4-5.
Subsection (j) is new and provides explicit
instruction to the commissioner on grant fund
disbursement. Specifically, that grant funds can be
used for items reasonably related to public safety and
VPSO duties as codified in this bill. Further, grant
fund disbursement is to be timely and funding request
are not to be unreasonably withheld. These changes
partially implement Recommendation 2.
Subsections (k) and (l) are related to new (i) and
provides for a consultation and negotiated rule-making
process for when any of the state agencies involved
with the VPSO program exercise their regulation
adopting authority. These changes implement
Recommendation 8.
Section 4 (pages 8-14) Creates new statutes:
AS 18.65.672 is the statutory codification of current
DPS regulation 13 AAC 96.080 dealing with VPSO
qualification requirements. These changes implement
Recommendation 9.
AS 18.65.674 is the statutory codification of current
DPS regulation 13 AAC 96.090 dealing with VPSO
background checks. These changes implement
Recommendation 9.
AS 18.65.676 is the statutory codification of current
DPS regulation 13 AAC 96.100 dealing with VPSO
training requirements. These changes implement
Recommendations 1 and 9. 32-LS0362\I AS 18.65.678 is
the statutory codification of current DPS regulations
13 AAC 96.040(b)(8) and 13 AAC 96.100 dealing with
VPSO firearm training requirements. These changes
implement Recommendations 9. AS 18 65.682 is the
statutory codification of current DPS regulation 13
AAC 96.110 dealing with VPSO certification. These
changes implement Recommendations 9. AS 18.65.684 is
the statutory codification of current DPS regulation
13 AAC 96.120 dealing with the denial, revocation, or
lapse of a VPSO certificate. These changes implement
Recommendations 9. AS 18.65.686 contains the duties
and functions that VPSO personnel are currently
performing but are not codified in the existing
statute. This implements Recommendation 1. AS
18.65.688 is a definitional section to deal with
various terms used throughout the new statutory
sections.
Section 5 (page 14) Creates in the uncodified law a
standard grandfather provision for existing VPSO
personnel who may have been certified under different
training requirements than what is provided for in
this bill.
Section 6 (page 14) Creates in the uncodified law a
requirement that DPS continue its current level of
interaction between itself and the VPSO personnel.
That requirement is codified in current VPSO statute
AS 18.65.670(c) with the language relating to DPS
regulation authority extending to "the interaction
between the Department of Public Safety and village
public safety officers." This requirement is
maintained by bill section 3(i) which uses the exact
wording regarding DPS regulation authority.
Section 7 (page 14) Is an effective date provision and
provides that the subsections (b) (g) of repealed
and reenacted AS 18.65.670 become effective on July 1,
2020. These subsections are proposed codifications and
modifications of current department regulations. This
will allow the department time to take action to make
the department regulations consistent with the new
provisions of statute enacted by this bill.
Section 8 (page 14) Provides that all other sections
of the bill have an immediate effective date
9:20:47 AM
CHAIR ZULKOSKY remarked on previous vetting of this legislation
and reiterated her appreciation for the work done by DPS.
9:21:35 AM
REPRESENTATIVE FIELDS echoed the highlighting of all the effort
that had gone into this legislation. He expressed his hope that
HB 313, being well-vetted and informed, would pass.
9:22:13 AM
The committee took a brief at-ease at 9:22 a.m. [During the at-
ease, Representative Fields handed the gavel back to Co-Chair
Zulkosky.
9:22:36 AM
CO-CHAIR ZULKOSKY announced the committee would hear invited
testimony.
9:22:51 AM
JOEL HARD, Director, Village Public Safety Officer Program,
Department of Public Safety, stated his support for HB 313 as a
helpful vehicle for the change the VPSO program is trying to
implement. He expressed hope that the program could serve
people in underserved communities.
9:25:03 AM
AMBER VASKA, Executive Director, Tribal Government & Client
Services, Tanana Chiefs Conference; Alaska Regional Coalition,
stated that the number one priority of the Tanana Chiefs
Conference (TCC) is VPSO reform, and she emphasized the
importance of public safety. She talked about resolutions that
TCC had passed to ensure public safety. In 2015, TCC recognized
the need for a VPSO contractor caucus where all the grantees
work toward proposed solutions to the grant contract and
operating procedures. In this process it became clear that the
program must be reformed to provide flexibility to reflect the
needs of people at the local level and ensure the needs of
community members. She talked about the communication between
TCC and the legislature.
MS. VASKA indicated that in 2017 coordinators suggested
"thinking outside the box" for recruitment strategy, but the
response of DPS was that because Alaska State Troopers were "not
doing this," the VPSO's could not either. Appropriations in
2018 included legislative intent language that supported
recruitment and retention of VPSOs, including consideration of
salary increases and discussion of better utilization of filled
positions and housing multiple VPSOs in a single community to
benefit public safety; however, this never came to fruition.
She said the need for systematic change was heavily emphasized
in 2019, but she indicated that DPS removed funding from the
VPSO program. Further, "sections of the grant solicitation were
removed," and contractors were confused as to why the state
would remove such vital sections of the program. She said DPS
cited Alaska statute allowing it to do this. She said these
decisions adversely affect those underserved communities in
remote parts of Alaska, creating different standards within DPS
and relying on outdated statutes and regulations.
MS. VASKA specified that that happened in the past whereas today
TCC has a "wonderful working relationship with DPS." There is
flexibility in interpretation of statute; however, with change
in administration, the VPSO program could easily revert to "the
narrow interpretation of prior management teams." She opined
that statute and regulations must be changed to reflect the
program of today and ensure rural public safety in the future.
She expressed appreciation for cooperative involvement of the
legislative working group with tribal leaders. She talked about
a VPSO strategic plan, in which the program vision is that every
community that wants VPSO coverage can have it, and she said HB
313 is vital to reaching that goal. She emphasized that HB 313
is a bill that would make "a direct and lasting impact on the
lives of thousands of Alaskans." She urged the committee to
support the proposed legislation.
9:33:00 AM
CAROL PISCOYA, Vice President, Community Services, Kawerak,
Inc., stated support for HB 313. She remarked that many things
have changed since the inception of the VPSO program in 1979.
She stated that in 1995, most of the program's statutory
regulations were initiated, and only three of the approximately
15 regulations have been updated since then. She urged the
updating of regulations to give rural communities, VPSOs, and
grantees the support they need to build a stronger public safety
program. She explained that updating the statutory codes would
allow more flexibility and more unfunded mandates to be funded.
She noted that six local VPSOs work at Kawerak, Inc., and the
corporation would like to have two VPSOs in each of its 15
communities. She indicated infrastructure needs are not being
met, such as portable housing, public safety buildings, and
water and sewer issues. She noted that in 2019 and early 2020,
the legislature met with VPSO stakeholders at least 10 times,
and this led to a VPSO working group report with recommendations
and findings. She said Kawerak, Inc. and the 10 VPSO
coordinators know that this is "the best time to be updating the
VPSO program" by supporting HB 313 and its companion bill in the
Senate. She mentioned the positive movement in the program that
would result from this support.
9:36:06 AM
CHAIR ZULKOSKY thanked the testifiers.
[HB 313 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 313 Sponsor Statement.pdf |
HTRB 3/3/2022 8:00:00 AM |
HB 313 |
| HB 313 Sectional Analysis.pdf |
HTRB 3/3/2022 8:00:00 AM |
HB 313 |
| Village Public Safety Officer Program fiscal note.pdf |
HTRB 3/3/2022 8:00:00 AM |
|
| Village Public Safety Officer Program fiscal note.pdf |
HTRB 3/3/2022 8:00:00 AM |
|
| Criminal Justice Information Systems Program fiscal note.pdf |
HTRB 3/3/2022 8:00:00 AM |