Legislature(2017 - 2018)BELTZ 105 (TSBldg)
02/26/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 208 | TELECONFERENCED | |
| + | SB 148 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 148-BACKGROUND CHECKS FOR POLICE & TRAINING
1:31:24 PM
CHAIR COGHILL announced the consideration of SB 148.
1:32:06 PM
BOB GRIFFITHS, Executive Director, Alaska Police Standards
Council (APSC), Department of Public Safety (DPS), Juneau,
Alaska, introduced SB 148 on behalf of the administration. He
explained that APSC was established by the legislature in 1972
to professionalize the standards for hiring and training police
officers. In that role, APSC promulgated regulations that
included the requirements to be hired as a police officer.
Because of the difference between urban and rural policing, one
set of regulations was established for urban officers and one
for village police officers (VPOs). The latter are hired by and
work for communities of 1,000 or fewer people off the road
system.
MR. GRIFFITHS explained that the standards for hiring police
officers include the requirement for a fingerprint-based
background check. Because many small rural hiring agencies do
not have access to the Criminal Justice Information System in
order to submit fingerprints and conduct criminal history
background checks, APSC has tried to do this on their behalf.
This became a problem after the Federal Bureau of Investigation
(FBI) determined that all police standards programs fall under
occupational licensing, not public safety. APSC does not have
the statutory authority to submit fingerprints as an
occupational licensing entity. SB 148 addresses that problem by
amending state statute granting APSC the statutory authority to
take fingerprints and submit them for a criminal background
check for applicants for police officer or police officer
training in those communities that lack CJIS access. This is the
same law that applies to occupational licensing for day care
providers, attorneys, real estate agents, and others.
1:36:32 PM
SENATOR COSTELLO asked if an immediate effective date would be
preferable to waiting 90 days after the bill is signed.
MR. GRIFFITHS agreed the sooner the better.
CHAIR COGHILL asked if an immediate effective date would work if
regulations need to be written.
MR. GRIFFITHS clarified that the current regulations would not
need to be changed. The problem is that APSC lacks the statutory
authority to take and submit fingerprints for criminal history
records checks. SB 148 grants that power.
CHAIR COGHILL asked if these small agencies would live under the
auspices of APSC's regulatory authority for police standards.
MR. GRIFFITHS said that's correct.
CHAIR COGHILL offered his understanding that this was a
housekeeping matter.
MR. GRIFFITHS agreed adding that it's a resource issue for small
agencies that may have just one or two city employees.
CHAIR COGHILL asked what the practical effect would be to have
an immediate effective date.
MR. GRIFFITHS opined that APSC will be compliant with federal
law and able to take fingerprints once the bill is signed and
the Department of Public Safety, Criminal Records &
Identification Bureau is aware of the change.
CHAIR COGHILL requested a sectional analysis.
1:41:16 PM
MR. GRIFFITHS paraphrased the following sectional summary for SB
148.
Section 1: Amends AS 12.62.400 (National Criminal
History record checks for employment, licensing, and
other noncriminal justice purposes) to include the new
subsection (a) (1) (19) allowing for a fingerprint
based records check to be submitted to the FBI for
admittance to a basic police training program under AS
18.65.230 (APSC training programs) or for employment
as a police officer under 18.65.240( APSC standards
for appointment as a police officer), if the
prospective employer does not have access to a
criminal justice information system (CJIS).
Section 2: Amends AS 18.65.220 (Powers of the APSC) to
include the new subsection (8) which requires a state
and national criminal history check for an applicant
to a training program established in AS 18.65.230 and
for a person to be appointed as a police officer under
AS 18.65.240 if that person's prospective employer
does not have access to CJIS to conduct their own
criminal history check.
Section 3: Amends AS 18.65.230 (APSC training
programs) by adding a new subsection (b) which
requires an applicant for appointment as a police
officer or for admittance to a training program to
submit fingerprints and a fee to the APSC, unless this
has been done by the applicant's employer.
Section 4: Amends AS 18.65.240 (APSC standards) to
reflect the new subsection (d), added below in
Section 5: Amends AS 18.65.240 (APSC standards) to add
a new subsection (d) which limits the issuing of an
APSC certificate unless the Council determines the
applicant will undergo a national criminal history
record check pre-employment; and requiring a
prospective employer to submit an applicant's
fingerprints to the council for submission to the FBI,
if the prospective employer does not have CJIS access.
The criminal history records check is required to
assure applicants meet minimum standards established
by the council.
Section 6: Amends AS 18.65.290 (Definitions) by adding
a new subsection (9) which clarifies that the meaning
of criminal justice information system is the meaning
given in AS 12.62.900(13).
Section 7: Specifies the applicability of the Act
applies to persons that apply for admittance to a
police training program under AS 18.65.230 or to be
appointed as a police officer under AS 18.65.240 on or
after the effective date of this Act.
Section 8: Includes a revisor's instruction to change
the catchline of AS 18.65.230 from "Training programs"
to "Training programs; fingerprints"
1:45:15 PM
CHAIR COGHILL surmised that the definition was needed because
APSC must prove its capacity in this new section of law.
Mr. Griffiths agreed.
CHAIR COGHILL asked when the FBI determined that police
standards programs fall under occupational licensing and when he
became aware of this change.
MR. GRIFFITHS said he wasn't sure when the change occurred, but
it was called to his attention about a year ago. He deferred
further explanation to Ms. Monfreda.
1:46:56 PM
KATHRYN MONFREDA, Chief, Criminal Records & Identification
Bureau, Department of Public Safety, Anchorage, Alaska, said the
change was made several years ago after the FBI reviewed
statutes for applicability and compliance with the federal
public law 92-544. While DPS considered APSC to be part of the
department, the FBI did not and rescinded approval for DPS to
submit fingerprints on behalf of APSC. SB 148 complies with the
federal requirement for the state to enact an acceptable law
under public law 92-544.
SENATOR COSTELLO asked if the FBI ruling will affect other
occupational licensing groups not specifically listed in the
statute. "Is that something we should look at before this bill
moves out?"
MS. MONFREDA said a few bills are going through the legislature
that add to the list under AS 12.62.400, but the department
hasn't had many requests in that regard.
CHAIR COGHILL asked how many communities are affected.
MR. GRIFFITHS said the data is incomplete but APSC does know
that over 200 communities meet the criteria of less than 1,000
population and off the road system. Records reflect that 7
different communities have had 11 village police officers go
through the system successfully.
CHAIR COGHILL commented that the Department of Commerce,
Community and Economic Development (DCCED) could probably help
with the numbers because small municipalities have probably
reached out looking for all the help they can get.
MR. GRIFFITHS agreed adding that they've met and are putting a
team effort forward.
CHAIR COGHILL said he hadn't heard any opposition to the bill
but would hold it to look at the question of the effective date.
1:52:31 PM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League
(AML), Juneau, Alaska, said she speaks to communities every day
and AML has a lot of the lists that state agencies don't have.
"A lot of times agencies or the legislature forget to check with
us on those sorts of things." AML also carries risk insurance
for municipalities, so they know which ones have police
insurance. We have a lot of ways to pull that information for
underfunded state agencies, she said.
She explained that she got involved with the bill when she heard
committee members in the other body suggest a solution was to
have municipalities do their own background checks and
fingerprinting. She knew she needed to keep up on the bill to
let legislators know that this is a service that the Alaska
Police Standards Council is willing and able to offer to small
municipalities that have village police officers. The cost is
minimal, but the service is needed; it helps everyone know who
is providing law enforcement work in these small communities.
This will promote better record keeping on law enforcement in
smaller communities. She said she was very supportive of the
bill.
1:55:30 PM
CHAIR COGHILL held SB 148 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 148 - Supporting Document.pdf |
SJUD 2/26/2018 1:30:00 PM |
SB 148 |
| SB 148 - Sectional Summary.pdf |
SJUD 2/26/2018 1:30:00 PM |
SB 148 |
| SB 148 - Sponsor Statement.pdf |
SJUD 2/26/2018 1:30:00 PM |
SB 148 |