Legislature(2021 - 2022)BUTROVICH 205
02/16/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB182 | |
| SB7 | |
| SB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 182 | TELECONFERENCED | |
| += | SB 7 | TELECONFERENCED | |
| += | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 7-STATE TROOPER POLICIES: PUBLIC ACCESS
2:16:52 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 7
"An Act requiring the Department of Public Safety to publish
certain policies and procedures on the department's Internet
website."
[SB 7 was previously heard on May 10, 2021.]
CHAIR HOLLAND asked the sponsor to provide a summary of the
bill.
2:17:13 PM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau,
Alaska, paraphrased the sponsor statement.
[Original punctuation provided.]
This bill would require that the Department of Public
Safety publish on their website the department's
current policies and procedures related to the conduct
of peace officers employed or regulated by the
department. The duty of the Department of Public
Safety is to ensure public safety within our
communities and, as such, the public must be able to
easily access the current policies and procedures that
requires peace officers regulated by the department to
adhere to.
SENATOR GRAY-JACKSON said the department is in the process of
doing this, but the bill would ensure that it will happen.
2:18:37 PM
CHAIR HOLLAND opened public testimony; finding none, he closed
public testimony on SB 7.
2:19:27 PM
CHAIR HOLLAND related his understanding that the Department of
Public Safety (DPS) does not approve policies and procedures for
municipal police officers and only indirectly regulates non-
employees.
2:20:12 PM
SENATOR GRAY-JACKSON offered her view that he was speaking to
non-employees of the Department of Public Safety.
2:20:46 PM
CHAIR HOLLAND restated his question.
2:21:02 PM
COMMISSIONER DESIGNEE COCKRELL answered that DPS does not
oversee other police departments in the state. He said that the
department partners with the Village Public Safety Officer
(VPSO) Program.
CHAIR HOLLAND asked for assurance that the language "or
regulated" would only apply to Alaska State Troopers or VPSOs.
COMMISSIONER DESIGNEE COCKRELL suggested deleting "or
regulated."
2:22:10 PM
SENATOR HUGHES related her understanding that it would only
apply to troopers, but if the committee also wanted it to apply
to VPSOs, it would be necessary to retain the language "or
regulated" in the bill.
2:22:31 PM
COMMISSIONER DESIGNEE COCKRELL stated that DPS publishes all of
its policies online. DPS manages the Village Public Safety
Officer (VPSO) program. This program has a standard operating
procedure (SOP) signed by all grantees. He offered his belief
that those are not published, so essentially, VPSOs follow the
department's operational procedures manual (OPM). He suggested
that if the committee would like the VPSO's SOP published, it
should be put in the bill. He expressed concern that the
department manages ten grantees that could operate differently.
He reiterated that the department supports publishing the OPM
and believes it should not keep secrets from Alaska's citizens.
He was unsure what the sponsor meant by "or regulated." He
expressed a willingness to publish the policies and procedures.
2:24:17 PM
KELLY HOWELL, Special Assistant to the Commissioner, Department
of Public Safety (DPS), Anchorage, Alaska, provided invited
testimony on SB 7. She explained that the department regulates
VPSOs. She stated her understanding that the commissioner had
suggested that to add clarity, it should clearly state VPSO or
else the committee could eliminate the language "or regulated"
if the intent is not to publish VPSO policies and procedures
online.
2:25:35 PM
CHAIR HOLLAND moved to adopt Amendment 1, work order 32-
LS0058\A.2.
32-LS0058\A.2
Radford
2/16/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: SB 7
Page 1, line 4:
Delete "a new subsection"
Insert "new subsections"
Page 1, following line 7:
Insert a new subsection to read:
"(i) The Department of Public Safety is not
required to publish policies and procedures under (h)
of this section if publishing the policies and
procedures
(1) would disclose confidential techniques
and procedures for law enforcement investigations or
prosecutions;
(2) would disclose guidelines for law
enforcement investigations or prosecutions and the
disclosure could reasonably be expected to risk
circumvention of the law; or
(3) could reasonably be expected to
endanger the life or physical safety of an
individual."
SENATOR SHOWER objected for discussion purposes.
2:25:49 PM
CHAIR HOLLAND explained that Amendment 1 would create a new
subsection that clarifies that DPS will not publish any policies
and procedures that disclose confidential techniques or
procedures, guidelines for law enforcement investigations, or
prosecutions that could reasonably be expected to risk
circumvention of the law, or that would endanger anyone's life
or physical safety.
2:26:10 PM
SENATOR SHOWER asked to have the department comment.
2:26:20 PM
COMMISSIONER DESIGNEE COCKRELL said the department reviewed
Amendment 1 and found it acceptable.
2:26:27 PM
MS. HOWELL stated DPS agreed that adding the exceptions under AS
40.25.120, the Public Records Act (PRA), regarding sensitive law
enforcement information was currently prohibited from release
under the PRA but should be added to the bill. It would clarify
that the department should not be permitted to post confidential
or sensitive information about law enforcement policies and
procedures.
2:27:11 PM
SENATOR SHOWER commented that transparency is important, but
sometimes law enforcement must suppress information to protect
its members.
SENATOR SHOWER removed his objection.
2:27:50 PM
CHAIR HOLLAND objected for discussion purposes.
SENATOR MYERS asked for sponsor comments.
2:28:16 PM
SENATOR GRAY-JACKSON responded that she had no issue adding
VPSOs to the bill since that had been her intention.
2:28:54 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 1 was adopted.
2:22:09 PM
At ease
2:29:25 PM
CHAIR HOLLAND reconvened the meeting.
2:29:28 PM
CHAIR HOLLAND asked if members had any amendments.
2:29:39 PM
At ease
2:30:01 PM
CHAIR HOLLAND reconvened the meeting.
2:30:11 PM
SENATOR HUGHES moved to adopt Conceptual Amendment 1.
CHAIR HOLLAND objected for discussion purposes.
2:30:28 PM
At ease
2:30:49 PM
CHAIR HOLLAND reconvened the meeting.
2:30:59 PM
SENATOR HUGHES stated Conceptual Amendment 1, on page 1, line 7,
would delete "or regulated" and insert "Village Public Safety
Officer Program."
CHAIR HOLLAND restated his objection for discussion purposes.
2:31:36 PM
CHAIR HOLLAND withdrew his objection.
2:31:47 PM
At ease
2:32:14 PM
CHAIR HOLLAND reconvened the meeting.
CHAIR HOLLAND found no objection, and Conceptual Amendment 1 was
adopted. He stated that the committee gives Legislative Legal
Services authority to make conforming and technical changes.
2:32:50 PM
SENATOR GRAY-JACKSON thanked the committee for hearing SB 7.
2:33:07 PM
CHAIR HOLLAND solicited the will of the committee.
2:33:10 PM
SENATOR SHOWER moved to report SB 7, work order 32-LS0058\A, as
amended, from committee with individual recommendations and
attached fiscal note(s).
CHAIR HOLLAND found no objection, and CSSB 7(JUD) was reported
from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 182 Support Letters 2.15.22.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 182 Sponsor Statement v. G 2.8.2022.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 7 SJUD Amendment A.1.pdf |
SJUD 2/14/2022 1:30:00 PM SJUD 2/16/2022 1:30:00 PM |
SB 7 |
| SB7 Sponsor Statement.pdf |
SJUD 2/16/2022 1:30:00 PM SSTA 3/4/2021 3:30:00 PM |
SB 7 |
| SB7 Sectional Analysis.pdf |
SJUD 2/16/2022 1:30:00 PM SSTA 3/4/2021 3:30:00 PM |
SB 7 |
| SB 182 Sectional Analysis v. G 2.15.2022.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB182 Letter of support.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 7 SJUD Amendment A.2.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 7 |
| SB 31 - Ethics Committee Decisions.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 31 |