Legislature(2021 - 2022)BELTZ 105 (TSBldg)
04/20/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB72 | |
| SB81 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 72 | TELECONFERENCED | |
| *+ | SB 81 | TELECONFERENCED | |
| *+ | SB 46 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 81-VILLAGE PUBLIC SAFETY OFFICER GRANTS
3:41:35 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 81 "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."
3:41:52 PM
SENATOR DONALD OLSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 81, stated that the village public safety officer
plays a prominent role in his village for law enforcement,
search and rescue, and other duties. He has been in this
position for some time and he is an integral part of the
community. He explained that SB 81 is based on the
recommendations adopted by the VPSO working group.
3:44:32 PM
KEN TRUITT, Staff, Senator Donald Olson, Alaska State
Legislature, Juneau, Alaska, delivered a PowerPoint presentation
to introduce SB 81. He explained that the VPSO working group was
formed in May of 2019, which was about six weeks before then
Attorney General Barr visited rural Alaska and declared a public
safety emergency in rural Alaska. The Senate members of the
working group were Senator Olson as Co-Chair, Senator Bishop,
and Senator Shower. The House members were Representative Kopp
as Co-Chair, Speaker Edgmon, and Representative Rauscher.
MR. TRUITT displayed slide 3 that listed the VPSO grantee
organizations. These were Chugachmiut, Copper River Native
Association, Aleutian Pribilof Islands Association, Kodiak Area
Na?ve Association, Kawerak, Northwest Arctic Borough,
Association of Village Council Presidents, Bristol Bay Native
Association, Tanana Chiefs Association, and Central Council of
Tlingit & Haida Indian Tribes of Alaska. He explained that these
historically are Native nonprofit organizations, one home rule
community, one government entity, and one recognized Indian
tribe.
3:46:55 PM
MR. TRUITT displayed the working group assignment, which was to
"Coordinate with stakeholders to examine the underlying causes
of the recruitment and retention obstacle and provide proposals
to turn around the rate of personnel turnover within the VPSO
program." The group was active from August through December 2019
because of the extended legislative session over the summer. It
met twice in January 2020 to review and adopt the group's
report.
3:47:57 PM
MR. TRUITT directed attention to the timeline on slide 5 from
May 9, 2019, when the VPSO Working Group was created, to January
24, 2020, when the report was adopted. He noted that the nine
recommendations in the report became HB 287 and SB 231.
3:48:29 PM
MR. TRUITT recounted the working group activities, starting with
a listening session with the Department of Public Safety
commissioner and staff that were involved in managing and
running the VPSO Program. Next was a listening session with the
VPSO grantee organization's VPSO coordinators. These are the
people in the different organizations who run the VPSO program.
Thereafter, the Northwest Arctic Borough Public Safety
Commission invited the working group to participate in a
commission meeting. He noted that this is a home rule
municipality that operates a VPSO program. The final listening
session took place when the Tribal Unity Caucus invited the
working group to their annual meeting. The working group held a
public meeting in the Anchorage LIO the week before the start of
the legislative session in [January 2020] to review the draft
report, which was adopted the first week of the session.
MR. TRUITT turned to the timeline on slide 7 of the activities
the co-chairs engaged in that were separate from the working
group. First, they met in Anchorage with AFN's Council for the
Advancement of Alaska Natives (CAAN) to get the working group on
the agenda that year. He reminded the committee that this
resulted in the co-chairs taking part in the rural public safety
panel discussion along with the congressional delegation and the
attorney general. After then Attorney General Barr issued the
public safety emergency declaration, the U.S. Department of
Interior hosted listening sessions in rural Alaska and the co-
chairs traveled to Nome to participate in the Bureau of Indian
Affairs rural public safety listening session. Then the week
before the start of the legislative session in 2020, the co-
chairs were invited to meet in Anchorage with the grantee
organizations' leadership and VPSO management personnel.
3:53:24 PM
MR. TRUITT briefly reviewed the four long term recommendations
of the VPSO working group listed on slide 8 that are not in the
bill but were in the report. The slide read as follows:
Work to define the true cost of providing fully
operational public safety services throughout rural
Alaska.
Continue working with federal partners on:
• Training: with formal state tribal recognition,
tribes may be able to access federal law
enforcement training programs;
• Greater recurring federal funds for public
safety: Alaska is a Federal [public law] P.L.
state where states have concurrent criminal
jurisdiction with Tribes, unlike non-P.L. 280
states, making the law an unfunded mandate for
P.S. 280 tribes and states
Explore passing a state version of the Indian Self-
Determination Act and Education Assistance Act. If
passed, the state could formally compact with tribes
and offer the maximum amount of program
design/redesign and financial flexibility for the
various VPSO grantees.
Consider creating upward mobility for VPSO positions:
either through compacting or state statutory changes
or both, consider providing for different levels of
VPSO personnel related to levels of training; the
highest VPSO level being equivalent in function,
training, and pay to a State Trooper.
3:57:53 PM
MR. TRUITT directed attention to the nine recommendations that
appear in both the report and the bill. He explained that
Recommendation 1 came out of the first meeting of the working
group and the commissioner. The commissioner maintained and the
report concluded that it was the legislature's responsibility to
set the policy and update the statutes for the VPSO program "to
provide a clear law enforcement and public safety vision and
mission for the program and provide VPSO personnel clear law
enforcement duties and powers."
MR. TRUITT explained that Recommendation 2 has to do with
creating more flexibility for financing the VPSO program and
giving local organizations more control over the funds. This
recognizes that decisions about the delivery of services are
better made locally than by a central power in an urban hub.
Recommendation 3 to restore VPSO funding to FY2018 levels stems
from the working group's observation that funding was
artificially tight. Money might be left in the program at year
end that could have been used to fill needs but the bureaucracy
was too great to get the funding approved. He noted that one of
the examples in the report was that the purchase of ATVs were
approved one year but the purchase of replacement tires four
years later was denied. Recommendation 4 is to fund unfunded
mandates.
4:01:24 PM
MR. TRUITT explained that Recommendation 5 relates to mandating
in statute that grant awards pay grantee organizations their
full indirect costs. Currently there is an artificial cap on
these indirect costs. Recommendation 6 is to move financial
grant management to the Department of Commerce, Community, and
Economic Development. The goal is to alleviate the recognized
conflict between the Alaska State Troopers and the VPSO Program.
Recommendation 7 keeps the operational advisory, training, and
experience oversight for VPSO personnel at the Department of
Public Safety. The relationship between the VPSO Program and DPS
does not change, just the origin of the funding. Recommendation
8 ties in by creating in statute a negotiated rulemaking process
so that DPS works in partnership (rather than unilaterally) with
the tribal/grantee organizations that are delivering the service
before making changes to the VPSO training and experience
requirements.
MR. TRUITT said Recommendation 9 was to codify the existing DPS
regulations for the VPSO Program. The idea was to provide
stability for the existing VPSO Program as it is updated and
reworked.
4:03:46 PM
CHAIR HUGHES listed the individuals available to answer
questions. Finding none, she asked Mr. Truitt to walk through
the sections of the bill.
4:06:20 PM
MR. TRUITT paraphrased the sectional analysis for SB 81 that
read as follows:
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 split
the grant management function off to the
Department of Commerce, Community and
Economic Development (DCDED, or "department
of commerce). This implements Recommendation
6.
Subsection (b) is mostly similar to existing
(b), but it has been updated here to include
references to the commissioner of commerce
and to include federally recognized tribes
as organizations that can be awarded a VPSO
grant. This implements Recommendation 6.
Subsection (c) is new and is the statutory
codification of current DPS regulation 13
AAC 96.020 with changes to reflect that
DCCED will be performing financial
management of the grants. This implements
Recommendations 6 and 9.
4:09:05 PM
Subsection (d) is new and is the statutory
codification of current DPS regulation 13
AAC 96.030 with changes to reflect that
DCCED will be performing financial
management of the grants. Further changes
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
indemnification. These changes implement
Recommendations, 2, 4-6, 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.
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, specifically (b)
with changes to reflect that DCCED will be
performing financial management of the
grants. New (h) contains grant award record
keeping requirements and other grant
management requirements. These changes
implement Recommendations 1, 2, and 9.
4:11:42 PM
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 DCCED 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 three state agencies involved with
the VPSO program exercise their regulation
adopting authority. These changes implement
Recommendation 8.
4:13:07 PM
CHAIR HUGHES asked if there were questions for Mr. Truitt thus
far.
SENATOR WILSON referred Recommendation 3 and asked if it would
be more prudent to see what happens with more flexibility in
funding instead of initially requiring funding to return to
FY2018 levels.
MR. TRUITT acknowledged that it was a good point and would be a
prudent approach.
4:14:43 PM
SENATOR WILSON asked if Recommendation 3 was in the Senate
Public Safety Finance Subcommittee recommendations.
MR. TRUITT answered that to his knowledge, the governor's budget
bill request did not include FY2018 funding in the DPS budget,
but the subcommittee had not finished its work.
4:15:27 PM
SENATOR OLSON clarified that the subcommittee had not closed out
the public safety budget so it was a possibility that
Recommendation 3 would be included.
CHAIR HUGHES asked if it was the VPSO Program that several years
running had difficulty filling positions so the funds were not
all expended.
SENATOR OLSON answered that is correct. The nonprofit
organizations found it difficult to access the funds to recruit
personnel and the funds were not fully implemented.
4:17:02 PM
CHAIR HUGHES asked the amount of the FY2018 funding.
MR. TRUITT said he did not have the amount but he recalled that
this budget request proposed a $700,000 decrement to the VPSO
grant. He noted that the justification for the decrease was the
lapsed funds, but the program coordinators pointed out that it
was an artificial lapse of funds because they could not get
approval to expend the funds.
4:18:35 PM
MR. TRUITT continued the sectional analysis for SB 81:
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.
MR. TRUITT noted that the training would be similar to or the
same as any police officer goes through at the training academy
in Sitka.
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)
Adds a new paragraph to the DCCED duties to
accommodate the VPSO grant management functions being
transferred from DPS. These changes implement
Recommendations 6.
Section 6 (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 7 (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 8 (pages 14-15) Provides that the grant
application requirements, which are transferring to
DCCED become effective on July 1, 2020. 5
Section 9 (page 15). Provides that all other sections
of the bill have an immediate effective date.
4:25:20 PM
MR. TRUITT advised that after the bill was introduced, the
commissioner moved the grant management for the VPSO Program out
of the Division of Alaska State Troopers into the commissioner's
office and reports from the grant managers have been positive.
The idea of moving grant management to the Department of
Commerce, Community and Economic Development (DCCED) has caused
some concern that it would double the bureaucracy and
potentially have unintended consequences. In response, the
sponsor had a blank CS prepared that would remove all reference
to DCCED from the bill.
4:27:37 PM
CHAIR HUGHES asked if the DPS commissioner was agreeable to
keeping the grant management in the commissioner's office.
SENATOR OLSON answered that the DPS commissioner designee is in
favor of the status quo.
4:28:16 PM
SENATOR MYERS asked about placing a time limit on the
grandfather provision in Section 6 so people would become
certified under the new requirements after a certain amount of
time.
MR. TRUITT deferred to the VPSO grantees and Mr. Wallner to talk
about what effect that might have on personnel and the program.
4:29:41 PM
LEONARD WALLNER, VPSO Regional Coordinator, Chugachmiut, Palmer,
Alaska, stated that a time limit could be implemented, but the
grantees, DPS, and the commander of the Alaska Law Enforcement
Training Academy would need to identify the changes between when
the VPSO in question went through training and the current
instructional hours and course curriculum requirements. He cited
the example of the VPSO in White Mountain who has been serving
for 30 years. The hours and training when he went through the
academy were significantly different than it is today. He also
noted that the annual regional training has been a casualty of
the recent funding cuts.
4:31:40 PM
SENATOR MYERS asked, other than the provision that allows
grantees to pay bonuses, how the bill relates to the initial
problem of recruitment and retention.
MR. TRUITT answered that the former commissioner of DPS
encouraged the working group to start by looking at the statutes
and that resulted in Recommendation 1. He opined that the
statute lacks vision for today's rural public safety needs and
differing interpretations of what is being delivered and what is
needed has led to conflict.
4:33:57 PM
CHAIR HUGHES added that structure provides certainty and that
provides a new level of respect for the profession.
SENATOR MYERS said he agrees that it will be easier to attract
people to the job when there is a clearer vision of what the job
entails.
4:34:50 PM
SENATOR WILSON asked, if Section 4 were applied today, how many
existing VPSOs would not qualify if it weren't for the
grandfather provision.
MR. TRUITT deferred the question to Mr. Wallner.
4:36:07 PM
MR. WALLNER offered his belief that the only significant change
to the minimum qualifications for becoming a VPSO is the
provision in subparagraph (E)(i) on page 8 regarding misdemeanor
offenses for driving under the influence (DUI).
4:38:16 PM
SENATOR WILSON noted that some of the qualifications under the
new Sec. 18.62.672 are not qualifications in current statute. He
also raised concern about the provision in Section 4 that allows
a VPSO to do a lateral transfer to another law enforcement
agency because the level of training for somebody who qualifies
under the grandfather clause may be very different.
4:39:30 PM
MR. WALLNER said he did not completely understand the question
but his perspective is that the bill codifies much of what is
currently in regulation. He specifically mentioned misdemeanor
and felony convictions.
4:41:05 PM
CHAIR HUGHES held SB 81 in committee for future consideration.