Legislature(2019 - 2020)BUTROVICH 205
03/10/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB133 | |
| SB88 | |
| SB231 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 88 | TELECONFERENCED | |
| *+ | SB 231 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 133 | TELECONFERENCED | |
SB 231-VILLAGE PUBLIC SAFETY OFFICER GRANTS
4:15:54 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 231, "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."
4:16:10 PM
SENATOR DONNY OLSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 231, said this bill was introduced to implement
the nine recommendations of the VPSO Working Group's report
which was adopted on January 24, 2020.
He explained that the Village Public Safety Officer (VPSO)
program was created in the late 1970s to assist in the
protection of life and property and coordinate probation and
parole in rural communities.
He said while VPSOs have provided valuable service to
participating areas, the past decade has seen shrinking numbers
of VPSOs, significant difficulty in recruitment and retention of
officers, and community needs that surpass the current duties of
VPSOs. There is undoubtedly a need to address the crisis in
public safety infrastructure and service in rural Alaska, he
said. Last May, Senate President Cathy Giessel and House Speaker
Bryce Edgmon appointed members to a joint VPSO Working Group and
tasked them to find ways to improve the VPSO program.
Representative Chuck Kopp and he served as co-chairs of the
group.
SENATOR OLSON said the working group was assigned to coordinate
with stakeholders to examine the underlying causes of the
recruitment and retention obstacles and provide proposals to
turn around the epidemic rate of personnel turnover within the
VPSO program. The VPSO Working Group met several times over the
interim with VPSO coordinators throughout the state and the
Department of Public Safety (DPS). The results of these meetings
are summarized in a report that was finalized in January 2020.
This report included recommendations for the first phase of
changes identified to improve the program.
He said SB 231 incorporates the Working Group's recommendations
into statutes except for the recommendation for an increase in
funding, which must be done through an appropriation bill. He
reported that one of the biggest changes is to move financial
grant management and oversight function to the Department of
Commerce, Community, and Economic Development [VPSO Working
Group Recommendation 6]. The DCCED is a natural department to
handle many other grant programs. He explained that the Alaska
Police Standards Council training, and experience requirements,
and oversight authority will remain at the Department of Public
Safety as per [VPSO Working Group Recommendation 7].
SENATOR OLSON said while all parties recognize more will need to
be done in order to have a strong and vibrant VPSO program, this
is a first step in laying the groundwork for more to come in
this vital program.
4:18:38 PM
SENATOR COGHILL asked the sponsor to provide the sectional
analysis of the bill.
4:19:23 PM
DENISE LICCIOLI, Staff, Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, read the
following sectional analysis for SB 231:
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, lines 19 and 20.
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 to 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 3-8) 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 incorporate the
duties and functions that VPSO personnel are currently
performing but are not codified in the existing
statute. This implements Recommendation 1.
Subsection (b) is mostly similar to existing (b), but
it has been updated here to include references to the
commissioner of Commerce, Community, and Economic
Development (DCCED, or "Department of Commerce") and
to include federal recognized tribes as organizations
that can be awarded a VPSO grant. This implements
Recommendation 6.
4:22:18 PM
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.
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 are the
indemnification and insurance requirements from the
grantee organizations. 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
and .050 with changes to reflect that DCCED will be
performing financial management of the grants. Further
changes remove the requirement from existing 13 AAC
96.040(a)(1) that villages receiving a VPSO placement
must provide the office space, phone, holding cell.
This in conjunction with new (k) of this bill section
makes clear that these costs can be paid for with VPSO
grant funds.
Subsection (f) 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 (g) is new and is the partial statutory
codification of current DPS regulations 13 AAC 96.040,
specifically proposed new (a)(2). This can be found in
the Working Group's Report, Appendix 2, page 4. This
new provision 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.
4:26:03 PM
Subsection (h) 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.
Subsection (i) 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 (j) 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.
4:27:29 PM
Subsection (k) 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 (l) and (m) 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.
4:28:24 PM
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.
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 Recommendation 9.
AS 18 65.682 is the statutory codification of current
DPS regulation 13 AAC 96.110 dealing with VPSO
certification. These changes implement Recommendation
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 is a definitional section to deal with
various terms used throughout the new statutory
sections.
4:30:48 PM
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 Recommendation 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.
Section 9 (page 15). Provides that all other sections
of the bill have an immediate effective date.
MS. LICCIOLI advised that VPSOs have 24 months to get
certified and complete all training. A VPSO's duties
include more than just police services, so the provision in
Section 4 will allow them to participate in search and
rescue operations and other activities. Until certification
is complete, the VPSO can work with a trooper but he or she
cannot work solely as an officer.
4:32:27 PM
She deferred to Mr. Wallner to answer specific questions.
4:32:59 PM
LEONARD WALLNER, VPSO Coordinator, Chugachmiut, Anchorage,
Alaska, spoke in support of SB 231. He explained that
Chugachmiut is a tribal consortium representing Prince William
Sound and Lower Cook Inlet. It is one of ten grantees working
under the VPSO program. He related that in 2016 he retired from
a 25 year career with the Alaska State Troopers, the last nine
years of which was as the statewide coordinator.
He said the VPSO program has evolved since 1979, so updating the
statutes is a necessity. Chugachmiut supports SB 231,
particularly the provisions to tailor the program for each
grantee and region within the state, the flexibility to
reprogram funding, and the elimination of unfunded mandates. He
emphasized the importance of clarifying the duties and
responsibilities of VPSOs, including the ability to conduct
investigations. The training component also plays a significant
role, he said.
4:36:58 PM
AMANDA PRICE, Commissioner, Department of Public Safety,
Anchorage, Alaska, spoke in opposition to SB 231. She commented
that this is the first time that Department of Public Safety
(DPS) has been invited to provide testimony even though the
companion bill has been moving through the legislative process.
She stated that DPS's mission is to ensure public safety with
resources deployed throughout the state. In order to accomplish
this mission and protect the life and property of Alaskans, DPS
is committed to working across the state with numerous law
enforcement professions, many communities, and all lawmakers and
stakeholders. The department is always seeking ways to
collaborate on solutions to increase public safety. She
acknowledged that public safety in rural areas has been
challenging for Alaska since statehood. The department has made
progress by hiring 44 state troopers last year and 15 more who
are currently attending the public safety academy who will be
deployed to rural communities. Increasing the number of officers
in a larger number of communities is one of the Department of
Public Safety's core goals. Still, a great deal of work needs to
be done, she said. The DPS would also like to discuss how to
improve rural public safety outside of the VPSO program.
She said SB 231 incorporates recommendations by the VPSO Working
Group. This group was tasked with reviewing and strengthening
the VPSO program. The department provided written comments on
the bill, which she outlined for the committee.
COMMISSIONER PRICE said the bill would transfer the
administration of the VPSO program to the Department of
Commerce, Community and Economic Development (DCCED). In the
spirit of meeting the VPSO Working Group's recommendation, the
DPS has actively engaged in conversations with the DCCED to
immediately move the grant oversight to that department. She
said DPS is experiencing an administrative delay in its
Reimbursable Service Agreement (RSA) of funding to the DCCED,
but she anticipated it would soon be completed.
4:39:17 PM
COMMISSIONER PRICE said SB 231 will allow eligible grant
applicants to include all federally recognized tribes. The
department supports this expansion and believes direct funding
for allowing tribes to hire officers locally could be very
beneficial to public safety in Alaska. She noted that moving
from 10 eligible applicants to more than 200 grant applicants
will create some hiccups and challenges in administering the
grants. However, she offered her view that with support it could
be accomplished.
She expressed concern that the bill also includes eligible
applicants of municipalities with less than 10,000 people, which
includes larger communities such as Kenai and Soldotna. Not only
does that seem to conflict with the spirit of the VPSO program,
but it could create jurisdictional concerns as many of those
larger municipalities have existing police departments.
4:40:29 PM
COMMISSIONER PRICE highlighted that liability insurance poses
another challenge. She explained that insurance companies have
been unwilling to insure non law enforcement agencies conducting
law enforcement functions. Currently, only one company has been
willing to insure VPSOs, she said. While DPS has not had
adequate time to vet the implication of expanding the program to
include the federally recognized tribes, it has been engaged in
obtaining more information on any impacts. She anticipated an
associated fiscal note. Although the bill adds a layer of
complexity to an already complex program, it can likely be
clarified through discussions, she said.
She said DPS was needs to understand the intent of some
provisions in the bill. Specifically, DPS is unclear what it
means that DPS would participate in "monitoring public safety
performance" of VPSOs. The department has historically found
this challenging because VPSOs are not state employees, so the
DPS cannot influence performance even when the department has
identified performance related issues. The department also needs
clarification on what is referenced as background investigation,
as opposed to the fingerprint clearance check that DPS and DCCED
would complete.
4:42:09 PM
COMMISSIONER PRICE said the DPS also will need clarification on
other technical and logistical issues in the bill, including the
requirement to complete annual reviews on grantees' performance.
COMMISSIONER PRICE said DPS does not support the current version
of SB 231, primarily because the candidates who would be
eligible to become VPSOs could have felony convictions. DPS does
not support people with felony convictions serving as peace
officers. As written, the bill allows a convicted felon on
active parole to investigate a felony crime with little or no
training. For example, someone who is on parole for a felony
conviction of child pornography could be hired as a VPSO and
actively investigate child pornography. Although some felonies
are excluded, candidates with felony records for drug dealing or
registered sex offenders could become VPSOs. She said numerous
issues could arise by allowing convicted felons to serve as
police officers, which the DPS views as very damaging to public
safety.
She expressed interest in having the Department of Law analyze
the impact on the criminal justice court process if convicted
sex offenders conduct investigations. The character and
integrity of law enforcement professionals is critically
important during testimony in criminal cases and affects
outcomes of court cases.
4:44:55 PM
COMMISSIONER PRICE said the Department of Public Safety (DPS)
supports more officers serving in rural Alaska but it does not
believe that lowering the standards of those serving in
positions of significant authority in rural communities will
serve the interest of public safety. The department recommends
that all felony convictions disqualify VPSO applicants. Aside
from the necessity that peace officers possess good moral
character, several practical concerns arise when VPSOs have
felony records. For example, VPSOs have access to various
criminal justice information systems necessary to perform their
jobs. However, federal law denies access to these data systems
by anyone with a felony conviction. Federal law also prohibits
convicted felons from possessing firearms. Even if the VPSOs are
not authorized to carry firearms, during their duties they may
be required to seize a firearm, which would be in violation of
federal law.
Further, the bill would allow VPSOs to serve for 24 months
without any training. Although existing regulations authorize
the same timeframe, DPS is concerned since the bill expands VPSO
authorities to include investigation of felony crimes, including
homicides and sexual assaults. It could be very damaging to
communities to have VPSOs serving for two years without adequate
training, she said.
COMMISSIONER PRICE said the department looks forward to
transferring the grant administration to the DCCED. Several
tribes have already reached out to the department, eager to
potentially secure funding through the appropriation, she said.
4:47:14 PM
SENATOR COGHILL referenced her March 4, 2020 letter and asked if
she worked with the VPSO Working Group that made recommendations
for the program.
COMMISSIONER PRICE replied DPS was invited to the first meeting,
but not to subsequent meetings.
SENATOR COGHILL asked the sponsor to respond.
4:48:34 PM
SENATOR OLSON deferred to his staff but offered to provide a
response in writing.
4:49:53 PM
MS. LICCIOLI answered that she just received the March 4, 2020
letter outlining the department's concerns. She said the sponsor
is working on amendments or a committee substitute that will
incorporate some of Commissioner Price's recommendations, and
with the sponsor of the companion bill to address changes.
CHAIR REVAK said he supports the intent of the bill and wants
the committee to do its due diligence and get it right.
He asked for any amendments to be submitted by March 16, 2020.
4:52:39 PM
MAYOR LUCY NELSON, Mayor, Northwest Arctic Borough (NWAB),
Kotzebue, Alaska, stated that the borough serves about 7,700
people throughout 11 communities in the Northwest Arctic. She
was just elected mayor but served on the assembly for eight
years. She said she is familiar with the VPSO program since the
borough has managed the program since 2011. Prior to that, the
VPSO program was under the Maniiiaq Association, she said.
MAYOR NELSON said the borough administration and assembly
supports SB 231 but has several recommendations. The VPSO
Working Group came to Kotzebue and met with the public safety
commission to address the issues within the VPSO program. The
borough does not have the financial resources to manage the
monies. In 2018, the borough budget of $1.3 million for the
program provided funding for seven VPSOs and a coordinator. Of
the 11 communities in the NWAB, Kotzebue is the only one with a
police force. None of the other 10 communities has a skilled
VPSO, although the borough has one candidate enrolled in the
VPSO training program. She related that residents do not feel
safe because these communities lack law enforcement presence.
She reminded members that the Alaska State Troopers must fly in
to provide service to the villages. The VPSOs serve as first
responders. This bill is important to the borough to protect its
residents. She asked the legislature to restore the 2018 VPSO
budget.
4:55:32 PM
SENATOR COGHILL commented that the bill will need some work to
address the DPS concerns and agreed with the mayor that funding
was needed. He commended the work that the borough has done for
the community.
CHAIR REVAK echoed Senator Coghill's comments.
MAYOR LUCY NELSON said the Northwest Arctic Borough
reestablished the VPSO program and it is currently working on
rebuilding it to attract young people to the program, but the
borough now needs the funding.
[SB 231 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 88 Sectional Analysis 3.6.20.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 88 |
| SB 88 Sponsor Statement 3.6.20.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 88 |
| SB 88 OAH-annual-report-2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 88 |
| SB 231 Draft VPSO Work Group Recommendations 1.23.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB 231 Sectional Analysis v.U 02.25.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB 231 Sponsor Statement 02.25.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB231 Relevant Administrative Codes.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB 231 DPS analysis 3.9.20.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB 231 Fiscal Notes 3.9.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 231 |
| SB 210 Fiscal Note 3.9.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 210 |
| SB 88 Fiscal Note 3.9.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 88 |
| SB 97 Oppose Ak Arts and Culture Found 3.5.2020.pdf |
SSTA 3/10/2020 3:30:00 PM |
SB 97 |