Legislature(2023 - 2024)ADAMS 519

05/14/2024 09:00 AM House FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed from 5/13/24 --
+ SB 151 MISSING/MURDERED INDIGENOUS PEOPLE;REPORT TELECONFERENCED
Moved CSSB 151(FIN) Out of Committee
+ SB 183 WORKERS' COMP BENEFITS GUARANTY FUND TELECONFERENCED
Moved SB 183 Out of Committee
+= SB 34 CITIZEN ADVISORY COMM ON FEDERAL AREAS TELECONFERENCED
Moved HCS CSSB 34(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR SENATE BILL NO. 151(FIN)                                                                                               
                                                                                                                                
     "An   Act   relating   to  police   officer   training;                                                                    
     establishing  the   Missing  and   Murdered  Indigenous                                                                    
     Persons  Review  Commission;  relating to  missing  and                                                                    
     murdered indigenous persons; relating  to the duties of                                                                    
     the Department  of Public Safety; and  providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:07:24 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster noted  that Senator  Donny Olson,  Co-Chair                                                                    
Edgmon, Co-Chair Johnson, and  Representative Ortiz were all                                                                    
currently  attending  a  conference  committee  meeting.  He                                                                    
relayed  that the  bill  had previously  been  heard by  the                                                                    
committee. He asked for a brief review of the legislation.                                                                      
                                                                                                                                
ALMERIA  ALCANTRA, STAFF,  SENATOR DONNY  OLSON, provided  a                                                                    
brief introduction of the bill.  She clarified that the bill                                                                    
had not yet  been heard by the House  Finance Committee, but                                                                    
the   committee   had   previously   heard   the   companion                                                                    
legislation   (HB  234,   sponsored  by   Representative  CJ                                                                    
McCormick) at  the end of  April. She offered to  provide an                                                                    
explanation  of the  differences between  the two  pieces of                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair  Foster asked  for  a brief  overview  of the  bill                                                                    
including the differences.                                                                                                      
                                                                                                                                
Ms. Alcantra relayed that SB  151 required cultural training                                                                    
for   all  law   enforcement  officers   and  required   the                                                                    
Department of Public Safety (DPS)  to submit missing persons                                                                    
information  to   the  National  Missing   and  Unidentified                                                                    
Persons database  within 60 days  of the first  report filed                                                                    
with  local  law  enforcement.   She  noted  that  the  same                                                                    
requirement  in HB  234 was  set at  30 days  [of the  first                                                                    
report filed  with local law  enforcement]. The  Senate bill                                                                    
put  two  missing  and murdered  indigenous  persons  (MMIP)                                                                    
investigators  into statute  whereas  HB  234 included  four                                                                    
MMIP investigators.  She elaborated that SB  151 established                                                                    
the MMIP review commission under  DPS. She detailed that the                                                                    
commission  would  be  comprised  of nine  members  and  was                                                                    
tasked with reviewing unresolved  cases from different state                                                                    
regions to make recommendations  to enhance coordination and                                                                    
reduce instances of violence. She  noted that SB 151 did not                                                                    
contain  a sunset  date for  the commission  whereas HB  234                                                                    
contained a sunset date of  January 1, 2027, which coincided                                                                    
with requirement of a legislative  report. She noted that SB
151  required a  legislative report  every three  years. The                                                                    
Senate  bill also  included  a  needs assessment  submission                                                                    
date for  DPS by January 1,  2027. She believed the  date in                                                                    
HB 234  was January 1, 2026.  Language had been added  to SB
151 to  set term lengths  for public members and  to stagger                                                                    
the term dates initially.                                                                                                       
                                                                                                                                
9:10:31 AM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster asked  for a review of the  fiscal note from                                                                    
the Department of Public Safety.                                                                                                
                                                                                                                                
LISA PURINTON, DIRECTOR, DIVISION  OF STATEWIDE SERVICES AND                                                                    
ACTING  LEGISLATIVE LIAISON,  DEPARTMENT  OF PUBLIC  SAFETY,                                                                    
reviewed the  fiscal note OMB component  2325 dated 4/19/24.                                                                    
The costs  in FY 25  were $563,100. She detailed  that costs                                                                    
were  higher  in the  first  year  because it  included  the                                                                    
position  needed  to   support  the  nine-person  commission                                                                    
within  DPS.  She  noted  that the  startup  costs  for  the                                                                    
position included  setting up  computers and  a workstation.                                                                    
There were one-time costs for  contract work associated with                                                                    
a  requirement for  DPS to  take on  a needs  assessment for                                                                    
investigative  and  protective   resources  on  a  statewide                                                                    
basis.  She  explained  the   needs  assessment  was  pretty                                                                    
comprehensive  and  the  department  was  estimating  fairly                                                                    
significant costs  for a  contractor to  do a  project plan,                                                                    
stakeholder engagement,  travel and meeting  schedules, data                                                                    
collection  analysis, interim  reports, community  outreach,                                                                    
needs  assessments, invoicing,  and presentation  with final                                                                    
recommendations for  the commission  to consider.  She noted                                                                    
that the  governor's FY 25  budget request  included funding                                                                    
for two  of four MMIP  investigator positions to  ensure all                                                                    
four existing positions were fully  funded. She relayed that                                                                    
outyear costs  were associated with  the one  position added                                                                    
to support the commission.                                                                                                      
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
Representative  Hannan  directed  a  question  to  DPS.  She                                                                    
looked at  the reporting timeline for  local notification in                                                                    
Section 2. She  noted that SB 151 included a  timeline of 60                                                                    
days whereas  HB 234 had  30 days.  She asked if  the 30-day                                                                    
timeframe was manageable and doable.                                                                                            
                                                                                                                                
Ms. Purinton  answered that law enforcement  entered missing                                                                    
and  murdered persons  information  into several  databases.                                                                    
The statewide  system was  for law  enforcement (it  was not                                                                    
public) and  the information was  also fed into  the Federal                                                                    
Bureau  of   Investigation's  (FBI)  national   database  of                                                                    
missing  person records.  She noted  that  the records  were                                                                    
entered   within  24   hours  and   within  two   hours  for                                                                    
individuals under  the age of  21. The National  Missing and                                                                    
Unidentified   Persons   (NamUs)    database   was   public.                                                                    
Additionally, DPS housed  the Missing Persons Clearinghouse,                                                                    
which took  copies of all  missing person records  (not only                                                                    
trooper  cases). She  elaborated  that  the Missing  Persons                                                                    
Clearinghouse and  the local agency  that input  the records                                                                    
were notified from the FBI  system when the records had been                                                                    
in the  system for over 30  days. She explained that  at the                                                                    
30-day  mark  the  Missing  Persons  Clearinghouse  did  the                                                                    
outreach with local  agencies and would also  put the record                                                                    
into the NamUs database.                                                                                                        
                                                                                                                                
Ms. Purinton estimated that about  98 percent of all missing                                                                    
person records in the state  (about 1,300) were entered into                                                                    
the  NamUs database.  She explained  that DPS  was currently                                                                    
doing the work,  but the 60-day mark  ensured the department                                                                    
would come  into compliance  with the  statutory requirement                                                                    
to meet  the timeline because  it allowed the  department to                                                                    
leverage the  automatic notice that  came in from  the FBI's                                                                    
law  enforcement database.  The department  was getting  the                                                                    
trooper cases  into the  system quickly,  but for  other law                                                                    
enforcement agencies,  especially smaller ones  without many                                                                    
missing persons, the timeline  provided them the benefit and                                                                    
support of  the Missing  Persons Clearinghouse to  make sure                                                                    
that if  they were not  meeting the requirement to  get into                                                                    
NamUs, the clearinghouse  would work with agencies  to get a                                                                    
record into the NamUs  database. The department's preference                                                                    
was  the 60-day  mark  because it  allowed  DPS to  leverage                                                                    
existing  technology and  the  existing  process. The  NamUs                                                                    
database was meant for long-term missing persons.                                                                               
                                                                                                                                
9:17:08 AM                                                                                                                    
                                                                                                                                
Representative  Hannan  highlighted  that  legislators  hear                                                                    
from constituents  about the importance  of making  sure law                                                                    
enforcement  was  treating  a   case  seriously  and  taking                                                                    
immediate  action. She  stated  her  understanding that  the                                                                    
department was acting quickly, but  it was the communication                                                                    
with the  national NamUs system  that required  the "trickle                                                                    
up" effect;  therefore, 60 days was  preferred. However, she                                                                    
believed that  notification within the state  was coming out                                                                    
within  30  days between  a  local  police department  or  a                                                                    
Village Public  Safety Officer (VPSO)  and DPS at  the state                                                                    
level.                                                                                                                          
                                                                                                                                
Ms. Purinton agreed. She explained  that the information was                                                                    
going into law enforcement databases  as soon as the reports                                                                    
came into  law enforcement. She  clarified that she  was not                                                                    
saying agencies were  waiting until the 60  days, they could                                                                    
put the information into to  the public NamUs database right                                                                    
away. However,  some agencies may  not have the  capacity to                                                                    
put the information  into other system. The  60 days allowed                                                                    
a  safety  net  for  the Missing  Persons  Clearinghouse  to                                                                    
support them  and do the follow  up in case it  had not been                                                                    
done already.                                                                                                                   
                                                                                                                                
Representative Hannan looked  at Section 3 where  SB 151 had                                                                    
two [investigator] positions and HB  234 had four. She asked                                                                    
if all four positions were funded in the budget.                                                                                
                                                                                                                                
Ms. Purinton answered there were  currently four filled MMIP                                                                    
investigator  positions.  The  positions  were  filled  with                                                                    
retired  troopers  who  had  investigative  experience.  She                                                                    
noted that  the troopers currently had  a staffing shortage.                                                                    
She explained  that the  strategy made  sure DPS  had enough                                                                    
investigative   resources   spread    out   throughout   the                                                                    
department. She relayed  that the commissioner [Commissioner                                                                    
Cockrell] had been vocal in  support of the bill, in support                                                                    
of  the four  positions, and  in support  of continuing  the                                                                    
work.  She  explained  that  if   one  of  the  investigator                                                                    
positions became  vacant it  would take  DPS time  to refill                                                                    
it. The intention  was to continue to have at  least four of                                                                    
the [investigator] positions at all times.                                                                                      
                                                                                                                                
Co-Chair Foster  noted that Co-Chair  Edgmon had  joined the                                                                    
meeting from conference committee.                                                                                              
                                                                                                                                
Ms. Alcantra thanked the committee for hearing the bill.                                                                        
                                                                                                                                
9:20:06 AM                                                                                                                    
                                                                                                                                
Representative Stapp  MOVED to  REPORT CSSB 151(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSSB 151(FIN) was  REPORTED out of committee  with eight "do                                                                    
pass"  recommendations  and  with one  previously  published                                                                    
fiscal impact note: FN2 (DPS).                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 275 Public Testimony Rec'd by 051424.pdf HFIN 5/14/2024 9:00:00 AM
HB 275
SB151 Public Testimony Rec'd by 051424.pdf HFIN 5/14/2024 9:00:00 AM
SB 151