Legislature(2021 - 2022)DAVIS 106
03/10/2022 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB313 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 313 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 313-VILLAGE PUBLIC SAFETY OFFICER GRANTS
8:04:23 AM
CHAIR ZULKOSKY announced that the only 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."
8:05:15 AM
REPRESENTATIVE FIELDS moved to adopt Amendment 1 to HB 313,
labeled 32-LS1502\A.1, Radford, 3/9/22, which read as follows:
Page 4, line 1, following "supervise,":
Insert "support,"
CHAIR ZULKOSKY objected for the purpose of discussion and
invited Joel Hard to speak to Amendment 1.
8:05:25 AM
JOEL HARD, Director, Village Public Safety Officer Program,
Department of Public Safety, explained that Amendment 1 would
"help the department to interpret the statutes more widely."
CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 1. There being no further objection, Amendment 1 was
adopted.
8:06:58 AM
REPRESENTATIVE FIELDS moved to adopt Amendment 2 to HB 313,
labeled 32-LS1502\A.2, Radford, 3/9/22, which read as follows:
Page 4, line 6, following "organization":
Insert "for the village does not exist or"
Page 4, line 8 - 10:
Delete "Before awarding a grant to a
municipality, the commissioner shall consult with the
nonprofit regional corporation or Alaska Native
organization that declined the grant."
Insert "If a nonprofit regional corporation or Alaska
Native organization declines a grant, the commissioner
shall consult with the corporation or organization
before awarding the grant to a municipality."
CHAIR ZULKOSKY objected for the purpose of discussion.
8:07:09 AM
MR. HARD explained that the first change proposed in Amendment 2
articulates a solution to a problem where a community that would
like a Village Public Safety Officer (VPSO) meets the criteria
to do so but does not have a regional nonprofit corporation to
represent the community. The other part of Amendment 2 "just
rewords that in a way that makes more sense," he opined.
CHAIR ZULKOSKY asked whether the department was in support of
the amendments proposed today.
MR. HARD replied that he is sensitive to how what he says before
the committee could be perceived by the nonprofit corporations.
He said he could not say whether there is "complete agreement"
but feels comfortable that "with the last two amendments, and on
the last amendment," he has the support of the nonprofits. He
suggested there is disagreement in the matter of training but
said he would introduce that topic when the particular amendment
is introduced. He stated his goal to create a more flexible
VPSO program. He acknowledged he does not have the same
perspective that "they" have, "having been unheard ... for some
time." He said both sides of the program have not worked
together as necessary, and he wants to ensure he does not
contribute to that by the manner in which he testifies. He
noted, "I did have a conversation at some length with them
yesterday, and I feel comfortable with the testimony here
today."
8:11:11 AM
CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 2.
8:11:21 AM
REPRESENTATIVE TARR asked for confirmation that there is only
one village that does not have the representation of a nonprofit
organization.
MR. HARD answered that in the time he has held his position,
there has been only one; however, as participatory criteria is
expanded going forward, he can "see this erupting in other
places."
8:12:00 AM
CHAIR ZULKOSKY announced that there being no further objection,
Amendment 2 was adopted.
8:12:06 AM
REPRESENTATIVE FIELDS moved to adopt Amendment 3 to HB 313,
labeled 32-LS1502\A.4, Radford, 3/9/22, which read as follows:
Page 10, lines 1 - 12:
Delete all material and insert:
"(2) instruction in
(A) the state's criminal and procedural
law;
(B) the state's criminal justice system;
(C) police procedures;
(D) disabilities training described under
AS 18.65.220(3);
(E) domestic violence and sexual assault
prevention and response procedures;
(F) emergency trauma technician training;
(G) search and rescue training;
(H) rural fire protection specialist
training."
Page 10, line 22, following "that":
Insert "the"
Page 10, line 26:
Delete "equals or exceeds the hours and"
CHAIR ZULKOSKY objected for the purpose of discussion.
8:12:21 AM
MR. HARD explained that Amendment 3 would make changes to
training requirements, and this is an issue of concern for the
nonprofit organizations. He offered his understanding that
because of the distrust that resulted from feeling unsupported,
the nonprofits have worked with the bill sponsor to include
those items they want to protect most. He cautioned that
getting too definitive in statute results in the loss of
flexibility for adjustment, and in the process of training, the
content and hours will adjust year to year, and flexibility is
necessary. He said there was a meeting of grantees yesterday,
with the commissioner in attendance. He said the commissioner
"commits to a very robust regulatory process that would protect
the very things that they wanted to import in this statute." He
stated, "I feel comfortable that they understand that, and they
believe that, and with that said, I think I would recommend that
we move forward." In response to a request for clarification,
he confirmed the purpose of the amendment is to restore
flexibility. He offered as example the statutes related to the
certification of police officers, which set a standard for
training but do not articulate the hours.
8:16:02 AM
REPRESENTATIVE ORTIZ asked whether there was significance in
changing reference to Alaska and "just going with the state's
criminal procedure law."
MR. HARD answered that he does not know the significance but
thinks "it goes either way."
8:16:40 AM
REPRESENTATIVE TARR asked whether the curriculum would be
covered under the amendment or just the hours.
MR. HARD confirmed that the curriculum would be articulated and
"imported into the regulation part or created in the regulation
in a more definitive way."
REPRESENTATIVE TARR inquired whether "disabilities training"
would include the mental health crisis model and intervention
information currently on trend.
MR. HARD responded, "I don't think that applies to that." He
explained, "That's one of the circumstances in which the
legislature has required specific training, and I believe that
goes more towards making sure officers understand Americans With
Disabilities Act-related issues." He pointed out that the items
listed under Amendment 3 do not limit the number of places in
which the department can require regulation. He confirmed that
the topic of wellness has become a focus of public safety
professionals. He concluded, "I feel comfortable that any
concern about the wellness of our employees will be reflected in
... training relative to that."
8:19:16 AM
CHAIR ZULKOSKY inquired about the similarities between the
instructional components in Amendment 3 and "what's offered to
state troopers."
MR. HARD responded that some of what is [in Amendment 3]
reflects that which is already being done in relation to VPSOs.
He reviewed that the base level of training for a VPSO is 240
hours and is "narrow." He said the department has "long
abandoned that 240-hour model" and follows a model that would be
seen, for example, in training for an Alaska State Trooper. He
stated that one of the challenges for the VPSO program going
forward will be to preserve "this level of training and
capability for officers and regions and villages that want
that." He said work will need to be done with the regions that
require "a different suite of trainings," which can be
prescribed in regulation.
8:20:54 AM
CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 3. There being no further objection, Amendment 3 was
adopted.
CHAIR ZULKOSKY noted that there was an Amendment 4 in the
committee packet, but it would not be offered.
8:21:12 AM
REPRESENTATIVE FIELDS moved to adopt Amendment 5 to HB 313,
labeled 32 LS1502\A.7, Radford, 3/9/22, which read as follows:
Page 12, lines 12 - 13:
Delete "the individual or holder of the
certificate"
Insert "the underlying conviction"
Page 12, lines 14 - 25:
Delete all material and insert:
"(1) has been expunged or set aside;
(2) is for an offense for which the officer
has been pardoned; or
(3) is for an offense for which the officer has had
civil rights restored that were lost upon the
conviction."
CHAIR ZULKOSKY objected for the purpose of discussion.
8:21:20 AM
MR. HARD characterized Amendment 5 as a housekeeping issue to
ensure that the decisions [the department] is making on
certification are based on formal court finding and conviction
rather than on "some assessment of whether we think that was
properly done or not."
8:24:02 AM
CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 5. There being no further objection, Amendment 5 was
adopted.
8:24:35 AM
The committee took a brief at-ease at 8:24 a.m.
8:25:11 AM
CHAIR ZULKOSKY asked Mr. Hard to talk about the fiscal note with
the Office of Management & Budget (OMB) component 3047.
MR. HARD stated that the fiscal note was under the VPSO
component and reflects costs of "a background investigator and
psychological testing." Currently the VPSO program borrows
background resources from the Alaska State Troopers, and the
fiscal note would allow the program to do the work
independently. He said he thinks [the cost for] the
psychological testing is overestimated, since it is unlikely
that 50 VPSOs would carry firearms. The zero fiscal note from
the Division of Administrative Services reflects that there are
10 grantees that would be able to absorb the audits without
cost, he said.
8:29:10 AM
The committee took a brief at-ease at 8:29 a.m.
8:29:46 AM
CHAIR ZULKOSKY entertained a motion.
8:29:56 AM
REPRESENTATIVE ORTIZ moved to report HB 313, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 313(TRB) was
reported out of the House Special Committee on Tribal Affairs.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Village Public Safety Officer Program fiscal note.pdf |
HTRB 3/10/2022 8:00:00 AM |
HB 313 |
| Criminal Justice Information Systems Program fiscal note.pdf |
HTRB 3/10/2022 8:00:00 AM |
HB 313 |
| FULL TEXT VPSO Working Group Report Recommendations & Findings 1.24.2020.pdf |
HTRB 3/10/2022 8:00:00 AM |
HB 313 |
| HB313 amendment packet.pdf |
HTRB 3/10/2022 8:00:00 AM |
HB 313 |
| Amendment 5.pdf |
HTRB 3/10/2022 8:00:00 AM |
HB 313 |