03/04/2014 09:00 AM Senate STATE AFFAIRS

                      SB  98-VPSO FIREARMS                                                                                  
                                                                                                                                
9:46:14 AM                                                                                                                    
CHAIR DYSON announced that SB 98 was before the committee.                                                                      
                                                                                                                                
9:46:48 AM                                                                                                                    
DAVID  SCOTT, Staff,  Senator  Olson,  Alaska State  Legislature,                                                               
Juneau, Alaska,  said the sponsor  wanted to state on  the record                                                               
that he objects to the  characterization of Village Safety Police                                                               
Officers  (VPSO) as  a private  police force.  He said  VPSOs are                                                               
public safety officers  of the state; they were  created in state                                                               
law and are  paid from state funds. The VPSO  program is a unique                                                               
partnership  between the  state and  the regional  nonprofits and                                                               
also municipalities.  He said  VPSOs work  daily with  the Alaska                                                               
State  Troopers (AST).  He added  that when  VPSOs make  arrests,                                                               
they transfer  perpetrators to  AST. He  asserted that  VPSOs are                                                               
not a private prison and not  a private police force. He said the                                                               
sponsor would also like to note,  and it has been talked about in                                                               
committee, that Alaska  is a very unique place and  we all take a                                                               
lot of  pride in that  uniqueness. The  VPSO program is  a unique                                                               
Alaskan solution to  a unique Alaskan issue. He  pointed out that                                                               
AST cannot travel to rural Alaska  as it can in the state's other                                                               
rural  regions.  He said  there  is  a difference  between  rural                                                               
Alaska and the  rest of rural America, the difference  is lack of                                                               
roads.  He  said the  sponsor  is  very  supportive of  the  VPSO                                                               
program and  noted that VPSOs are  on the first line  of defense.                                                               
He remarked  that VPSOs are  the first  responders in a  place in                                                               
Alaska where it is tough to have AST fulltime.                                                                                  
                                                                                                                                
SENATOR GIESSEL  commented that Alaska  is very unique  and noted                                                               
that the  State has other  unique programs like  Community Health                                                               
Aides in addition  to Community Dental Aides, all  because of the                                                               
state's rural configuration. She  said her examples are analogous                                                               
and asserted  that the noted  aides were also  professionals that                                                               
meet high standards.                                                                                                            
                                                                                                                                
9:49:31 AM                                                                                                                    
CHAIR DYSON asked  if anyone in the committee room  would like to                                                               
testify.                                                                                                                        
                                                                                                                                
9:49:48 AM                                                                                                                    
SERGEANT  CHRIS  GIFFORD,  Public  Safety  Employees  Association                                                               
(PSEA),  Juneau, Alaska,  addressed  Senator Giessel's  statement                                                               
pertaining to  health aides in  rural Alaska. He opined  that the                                                               
health  aides are  probably certified  health  aides through  the                                                               
training  and education  required to  provide those  services. He                                                               
said SB 98 can be improved  upon and noted that SB 98 essentially                                                               
authorizes  VPSOs to  carry a  firearm in  the same  manner as  a                                                               
police  officer.  He set  forth  that  PSEA believes  that  VPSOs                                                               
should be trained to the  same standards that police officers and                                                               
AST  are.  He  explained  that  the  purposes  of  the  stringent                                                               
training  is to  ensure that  in a  deadly force  or a  potential                                                               
deadly force situation, the VPSO  is capable to determine whether                                                               
deadly force  is in fact authorized  and that no other  option is                                                               
available. He  said it is  the job  of citizens and  lawmakers to                                                               
guide those responsible for protecting  the public by making sure                                                               
that those who do protect the  public have the best training that                                                               
they can  get. He summarized  that PSEA's position is  that VPSOs                                                               
should receive  full police training  if they are going  to carry                                                               
firearms and possibly using deadly force.                                                                                       
                                                                                                                                
9:51:48 AM                                                                                                                    
JAKE  METCALFE,   Executive  Director,  Public   Safety  Employee                                                               
Association (PSEA), Anchorage, Alaska,  noted his background with                                                               
VPSOs.  He  referred   to  the  Alaska  Rural   Justice  and  Law                                                               
Enforcement Commission Report of 2006,  a report that pointed out                                                               
a lack  of public safety in  rural Alaska. He noted  a comment in                                                               
the report as follows:                                                                                                          
                                                                                                                                
        It is safe to assume that no group of Caucasian                                                                         
      communities would tolerate similar circumstances and                                                                      
     that would demand equal protection under the law.                                                                          
                                                                                                                                
MR. METCALFE  pointed out that  the VPSO program  training covers                                                               
five  basic  areas:  law enforcement,  firefighting,  search  and                                                               
rescue, water  safety, and emergency medical  services. He stated                                                               
that VPSO  training differs from basic  law enforcement training.                                                               
He said  VSPOs have different  duties and  do not work  under the                                                               
same standards as  law enforcement. He set forth  that PSEA takes                                                               
great  pride  in  the  members  that  it  represents  and  it  is                                                               
concerned about the  standards and the training  that its members                                                               
get.  He  asserted that  bad-apples  are  unfortunately in  every                                                               
group in society. Standards and  training provide the opportunity                                                               
to make  sure that the  best people  are working in  positions of                                                               
trust. He asserted  that if the VPSOs are  state employees, carry                                                               
weapons, and  perform law enforcement  duties, VPSOs  should work                                                               
under the same training and  standards that other state and local                                                               
law  enforcement employees  work under.  He set  forth that  PSEA                                                               
thinks it  is important  to the community  that VPSOs  have equal                                                               
protection under the law, just  like everybody else in Alaska. He                                                               
said PSEA urges  the committee to include the  same training that                                                               
other law enforcement  officers in Alaska have.  He asserted that                                                               
PSEA  believes that  the  same training  for  VPSOs protects  the                                                               
state, the  native nonprofits, the  VPSOs, and the  people within                                                               
the village. He summarized that  PSEA urges the committee to make                                                               
sure that VPSOs  work under the same training  and standards with                                                               
enough money provided so that VPSOs can get the needed training.                                                                
                                                                                                                                
9:57:05 AM                                                                                                                    
SENATOR  WIELECHOWSKI  announced that  he  has  an amendment  and                                                               
offered Amendment 1.                                                                                                            
                                                                                                                                
CHAIR DYSON objected for discussion.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  explained that  Amendment  1  is a  simple                                                               
amendment  that  requires  VPSOs  who  carry  firearms  meet  the                                                               
minimum standards that are consistent  with the standards adopted                                                               
for  police officers.  He asserted  that fundamentally  the VPSOs                                                               
should have the same training as those in urban Alaska.                                                                         
                                                                                                                                
SENATOR  GIESSEL said  the North  Slope Borough  employs its  own                                                               
VPSOs who are  armed. She asked how many issues  or problems have                                                               
the North Slope Borough had with armed VPSOs.                                                                                   
                                                                                                                                
9:58:26 AM                                                                                                                    
MONICA  SOUTHWORTH,  Staff,  Senator Wielechowski,  Alaska  State                                                               
Legislature, Juneau,  Alaska, answered  that she is  available to                                                               
answer technical questions about Amendment 1.                                                                                   
                                                                                                                                
SENATOR  GIESSEL stated  that the  amendment's sponsor  indicated                                                               
that unless  the more defining  amendment is adopted,  VPSOs will                                                               
not be  competent to carry  firearms. She pointed out  that there                                                               
have not  been firearm  incidents with VPSOs  in the  North Slope                                                               
Borough. She  recalled her comment  about certified  health aides                                                               
hired by the Alaska Native  Tribal Health Consortium (ANTHC) that                                                               
are not state licensed. She  revealed that the ANTHC health aides                                                               
program has demonstrated competency in hiring professionals.                                                                    
                                                                                                                                
SENATOR  COGHILL  noted  that  the  original  language  is  "Meet                                                               
minimum  standards  training  for   carrying  firearms"  and  the                                                               
amendment  states "Minimum  standards  consistent with  standards                                                               
adopted  by the  Police  Standards Council."  He  asked what  the                                                               
difference  was between  minimum standards  and the  standards by                                                               
the Police Standards Council.                                                                                                   
                                                                                                                                
10:00:40 AM                                                                                                                   
MS. SOUTHWORTH  replied that the  amendment before  the committee                                                               
directly addresses some  of the concerns that were  brought up by                                                               
Sergeant  Gifford  and  by  Mr.  Metcalf  in  regards  to  having                                                               
extensive  training  which  is   more  than  the  bill  currently                                                               
requires.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI pointed out  that the amendment specifically                                                               
referenced AS  18.65.240, a statute that  specifies the standards                                                               
for training.  He explained  that the  amendment sets  forth that                                                               
the  training should  be the  same  as police  officers under  AS                                                               
18.65.240. He read the following:                                                                                               
                                                                                                                                
      The person may not be appointed as a police officer                                                                       
     except on a probationary basis unless the person:                                                                          
                                                                                                                                
        1. Satisfactorily completed a basic program of                                                                          
          police  training  approved  by the  Council  which                                                                    
          includes   at  least   12  hours   of  instruction                                                                    
          regarding  domestic  violence  as  defined  in  AS                                                                    
          18.66.990.                                                                                                            
                                                                                                                                
        2. Possesses other qualifications the council has                                                                       
          established for the  appointment of police officer                                                                    
          including  minimum  age, education,  physical  and                                                                    
          mental  standards,  citizenship,  moral  character                                                                    
          and  experience. The  Council shall  prescribe the                                                                    
          means  of presenting  evidence  of fulfillment  of                                                                    
          these requirements.                                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI  summarized  that  the  difference  is  the                                                               
statute as  currently written has  minimum standards  and without                                                               
definition.  He  said  the  amendment  will  define  the  minimum                                                               
standards. He added  that the North Slope  Borough employs police                                                               
officers  and  not  VPSOs.  He explained  that  the  North  Slope                                                               
Borough police officers  would be required to  meet the standards                                                               
under the amendment.                                                                                                            
                                                                                                                                
10:02:24 AM                                                                                                                   
SENATOR COGHILL asked the aide to  the bill's sponsor of the bill                                                               
to respond to Senator Wielechowski's comments.                                                                                  
                                                                                                                                
MR.  SCOTT addressed  Senator Coghill's  question and  noted that                                                               
the  sponsor  objects  to Senator  Wielechowski's  amendment.  He                                                               
specified  that  the sponsor  has  received  assurances from  the                                                               
Department of Public Safety (DPS)  that VPSOs, those who apply to                                                               
carry firearms, will  receive the identical arms  training of ATS                                                               
and municipal police  with the very same instructors  at the very                                                               
same training  facility. He added  that DPS is on  record stating                                                               
that VPSOs will receive  identical psychological evaluations that                                                               
AST and municipal police receive. He  said the arming of VPSOs is                                                               
going to happen,  possibly as soon as May 1  when the regulations                                                               
are done.  He revealed  that DPS is  changing the  regulations to                                                               
allow VPSOs to be armed.                                                                                                        
                                                                                                                                
SENATOR COGHILL asked what would  happen if the VPSOs were placed                                                               
under the Police Standards Council requirements.                                                                                
                                                                                                                                
10:04:15 AM                                                                                                                   
MR. SCOTT replied  that the issue comes down to  funding. He said                                                               
the sponsor is  very concerned that the fiscal note  would get to                                                               
the  point   where  the  increased   costs  would   threaten  the                                                               
communities and the VPSOs who serve.                                                                                            
                                                                                                                                
SENATOR COGHILL remarked that he  is hearing that the State would                                                               
have  an additional  cost. He  noted that  the communities  would                                                               
have  a choice  and would  bear the  cost if  they choose  to arm                                                               
their VPSOs.  He disclosed  that he likes  the idea  of mandating                                                               
the same standards, but stated that  he would honor the wishes of                                                               
the sponsor. He  set forth that the issue comes  down to who will                                                               
be paying the added cost.                                                                                                       
                                                                                                                                
CHAIR  DYSON asked  what the  proposed amendment's  fiscal impact                                                               
would be.                                                                                                                       
                                                                                                                                
SENATOR   WIELECHOWSKI  explained   that   training  would   cost                                                               
approximately $9,000  for each VPSO;  an amount that is  not much                                                               
different than what the proposed training cost.                                                                                 
                                                                                                                                
10:06:10 AM                                                                                                                   
CHAIR DYSON  announced that  he will  maintain his  objection and                                                               
asked  for a  roll call  vote. Senators  Wielechowski voted  yea;                                                               
Senators  Giessel,  Coghill,  Chair Dyson  voted  nay;  therefore                                                               
Amendment 1 fails.                                                                                                              
                                                                                                                                
10:06:48 AM                                                                                                                   
MIKE  COONS,  representing  himself, Palmer,  Alaska,  noted  his                                                               
support in arming VPSOs. He  said his biggest concern pertains to                                                               
the  VPSO training  and  how DPS  handles  investigations when  a                                                               
firearm is used.                                                                                                                
                                                                                                                                
10:10:37 AM                                                                                                                   
CHAIR DYSON announced the committee will stand at ease.                                                                         
                                                                                                                                
10:10:50 AM                                                                                                                   
CHAIR  DYSON  remarked  to  Mr.   Coons  that  his  concerns  are                                                               
addressed  in the  bill's  fiscal  note. He  asked  Mr. Scott  to                                                               
address Mr. Coon's concerns.                                                                                                    
                                                                                                                                
MR. SCOTT  replied that the  liability issue has been  raised and                                                               
addressed by DPS.                                                                                                               
                                                                                                                                
CHAIR DYSON asked what was stated by DPS.                                                                                       
                                                                                                                                
MR. SCOTT answered  that DPS has stated that  every incident will                                                               
be fully investigated. He said DPS  has also stated on the record                                                               
that  part of  the fiscal  note covers  liability insurance  that                                                               
goes   to  the   regional   nonprofits   or  local   municipality                                                               
administering the VPSO program.                                                                                                 
                                                                                                                                
CHAIR DYSON  noted that DPS  representatives have spoken  quite a                                                               
bit in favor  of arming VPSOs with  active supervision, training,                                                               
and cooperation. He  conceded that there will  be some inadequate                                                               
performances due to  human nature. He recalled  that arming VPSOs                                                               
has been  an issue  that has come  up for the  last six  or seven                                                               
years. He noted seeing an opinion  shift from not arming VPSOs to                                                               
arming VPSOs.                                                                                                                   
                                                                                                                                
CHAIR  DYSON revealed  that he  recently raised  the question  of                                                               
what is done with a VPSO who has  to deal with a nuisance bear in                                                               
a local dump.  He said clearly the response was  that the VPSO is                                                               
expected  to use  his shotgun  and  do whatever  is necessary  to                                                               
scare  the bear  away or  shoot the  bear if  there are  no other                                                               
options. He  questioned where a VPSO  is allowed to use  a weapon                                                               
to protect  a village from  bears but the  same VPSO is  the only                                                               
person  in a  village  who  cannot be  armed  in other  dangerous                                                               
situations that  are less predictable  than dealing with  a bear.                                                               
He shared  with the  committee that  life changes  when a  gun is                                                               
pulled. He said even for a VPSO  to pull their weapon to point at                                                               
another individual that significant  things change. He added that                                                               
if there  is ever a firearm  discharge and someone is  wounded or                                                               
killed, huge investigations will  follow. He explained that given                                                               
so  many  communities  that  are   very  small  and  the  State's                                                               
inability to  cover the small  communities with AST,  doctors, or                                                               
expert teachers,  there has  got to be  some adjustments  to deal                                                               
with a  real situation. He remarked  that AST has nearly  as good                                                               
of reputation  as the  Canadian Mounties.  He explained  that the                                                               
Canadian Mounties have very similar  responsibilities and have to                                                               
cover  vast territories  where there  may be  no law  enforcement                                                               
ever or a community constable  and it is a symbiotic relationship                                                               
not unlike  what Alaska expects with  ATS in rural areas.  He set                                                               
forth that the state has come to  about as good a solution as the                                                               
State can at this time.                                                                                                         
                                                                                                                                
10:16:03 AM                                                                                                                   
CHAIR DYSON asked if there was  objection to SB 98 going forward.                                                               
He closed public testimony.                                                                                                     
                                                                                                                                
10:16:10 AM                                                                                                                   
SENATOR  GIESSEL  SENATOR moved  to  report  SB 98,  labeled  28-                                                               
LS0754\A  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
10:16:20 AM                                                                                                                   
CHAIR  DYSON announced  seeing no  objection, SB  98 is  reported                                                               
from the Senate State Affairs Standing Committee.