Legislature(2009 - 2010)CAPITOL 106
04/09/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB24 | |
| HJR31 | |
| HB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 58 | TELECONFERENCED | |
| + | SB 72 | TELECONFERENCED | |
| *+ | HB 76 | TELECONFERENCED | |
| + | HJR 31 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 24 | TELECONFERENCED | |
HB 106-VILLAGE & REGIONAL PUB.SAFETY OFFICERS 9:13:41 AM CHAIR LYNN announced that the last order of business was HOUSE BILL NO. 106, "An Act relating to village public safety officers and regional public safety officers." [Before the committee was CSHB 106(CRA).] 9:14:33 AM REPRESENTATIVE REGGIE JOULE, Alaska State Legislature, introduced HB 106 as prime sponsor. He reviewed that in the Northwest Arctic, the regional nonprofit corporation provides public safety services. He said the borough and Maniilaq Association are in mutual agreement that the borough should take over the program from the Department of Public Safety (DPS), but this cannot be done without changing existing law. Representative Joule referred to the language in Section 2 of [CSHB 106(CRA)], which read as follows: *Sec. 2. AS 18.65.670(b) is amended to read: (b) With funds appropriated for that purpose, the commissioner of public safety shall provide grants to nonprofit regional corporations or municipalities for village public safety officers in rural areas of the state and municipalities with populations of less than 10,000. The commissioner of public safety shall coordinate with the commissioner of corrections when providing grants under this section, and the commissioners shall jointly execute an agreement with the nonprofit regional corporations or municipalities. For areas within a borough that exercises areawide law enforcement powers, the commissioner may provide grants under this section only to the borough. REPRESENTATIVE JOULE said the regional nonprofit corporations expressed concern that that wording would leave the door open for DPS to "bypass" them. He drew attention to a committee substitute (CS) for HB 106, [Version 26-LS0402\T], which would "allow the department to enter into an agreement with the municipality, which would be inclusive of a borough, when there's an agreement between the department and the regional nonprofit [corporation]." The language in Section 2 of Version T read as follows: *Sec. 2. AS 18.65.670(b) is amended to read: (b) With funds appropriated for that purpose, the commissioner of public safety shall provide grants to nonprofit regional corporations or municipalities with populations of less than 10,000 for village public safety officers in rural areas of the state. The commissioner of public safety shall coordinate with the commissioner of corrections when providing grants under this section, and the commissioners shall jointly execute an agreement with the nonprofit regional corporations or municipalities. Before providing a grant to a municipality under this section, the commissioner of public safety shall obtain the concurrence of the nonprofit regional corporation for the area. 9:17:03 AM REPRESENTATIVE JOHNSON moved to adopt the committee substitute (CS) for HB 106, Version 26-LS0402\T, Luckhaupt, 4/2/09, as a work draft. 9:17:18 AM REPRESENTATIVE GRUENBERG objected to ask a question. He noted that Section 4, on page 2, lines 14-16, of the House Community and Regional Affairs Standing Committee version was eliminated, and he asked why it was there and why it was removed. 9:18:27 AM ELIZABETH SAGALAQ HENSLEY, Intern, Representative Reggie Joule, Alaska State Legislature, on behalf of Representative Joule, prime sponsor of HB 106, responded that the removal of that language was the bill drafter's choice, and she offered her understanding that it was a matter of being consistent with current law. REPRESENTATIVE JOULE indicated that that language had referred to a regional village public safety officer (VPSO), and he said that program no longer exists. 9:19:43 AM REPRESENTATIVE GRUNEBERG removed his objection. 9:20:25 AM CHAIR LYNN announced that there being no further objection, Version T was before committee. 9:20:42 AM REPRESENTATIVE JOHNSON noted that language on page 2, line 8, of Version T, read: "The commissioner of public safety may adopt regulations related to village public safety officers". He asked if it is the sponsor's wish to leave this to the discretion of the commissioner or if he would like to direct the commissioner. REPRESENTATIVE JOULE responded that that language is found in current law, and he said he has not heard of any problems with the way the language is currently structured. 9:21:27 AM SIIKAURAQ MARTHA WHITING, Mayor, Northwest Arctic Borough, testified in support of HB 106. She listed the borough's top three priorities: to bring down the cost of energy, to acquire new sources of revenue, and to ensure the safety of communities. She said there is a Northwest Arctic Leadership Team, which is comprised of the NANA Regional Corporation, the Maniilaq Association, the Northwest Arctic Borough School District, and the Northwest Arctic Borough. In 2006, the membership of all four boards got together to consider all areas of education, health care, healthy communities, culture, language, and societal issues. At that time, she said, the team agreed that the best organization to oversee public safety would be the Northwest Arctic Borough. Currently, she said, Maniilaq Association takes care of the VPSO program and public safety. She said Maniilaq Association is a health [association]. 9:23:03 AM MAYOR WHITING stated that in 2006, the Northwest Arctic Borough was directed to take care of the public safety needs in the region. The borough has a public safety commission, which is comprised of memberships from each community, including the Alaska State Troopers and the Kotzebue Police Department. The commission meets on a quarterly basis to address issues such as search and rescue, bootlegging, suicide, neighborhood watch, Arctic survival, equipment and training needs, and funding. The public safety commission is housed by the Northwest Arctic Borough, she said, and all areas of public safety in the region are considered. MAYOR WHITING said right now the Northwest Arctic Borough is addressing public safety on its own, without adequate authority. She stated, "Everybody comes to the Northwest Arctic Borough for any type of issues with regards to public safety, so we want to make sure that we have that opportunity to do that." She stated that the mission of the Northwest Arctic Borough is to provide quality of life for the people of the Northwest Arctic Region. She said public safety is a matter of equity; it is a basic human right. She talked about the time that it takes to get help in rural Alaska compared to in Anchorage. She mentioned a dog team accident that occurred right outside of Kotzebue this fall and the unfortunate death of a doctor. She emphasized that hours passed before help arrived at the scene of that accident, but said if it had occurred in a smaller village, and if the weather had been bad, then the wait could have been days. There are no [health] facilities in the villages. She a female aide is often put in the position of having to deal single handedly with inebriated people, without benefit of training related to self-defense. The health aide for the region often ends up being the unofficial VPSO. She credited the people of the region for looking out for each other and the elders for acting as law enforcement. 9:26:33 AM MAYOR WHITING said even though the borough is not the public safety authority, it recently hired a public safety coordinator to handle the needs of its people. The person hired will be working on the priorities of the public safety commission. 9:27:27 AM MAYOR WHITING said in 2007, the Northwest Arctic Borough hosted a law enforcement summit with the State of Alaska. Former commissioner, Walter Monegan, was involved, and statewide and regional public safety issues were considered. She said the borough wants local and state entities to partner to ensure the right of public safety to all its communities. She stated that despite the current non-authority status for the Northwest Arctic Borough to administer the VPSO and public safety program, the borough was recently awarded $500,000 from the Department of Justice via Congressman Don Young's office. The money is to be spent on planning and training of VPSOs. MAYOR WHITING emphasized that the borough does not want to take away any authority from Maniilaq Association, but said the borough is better equipped to address public safety concerns in the region. She said the borough will continue to partner with not only the Maniilaq association, but also with all local, state, and regional organizations to deliver "the service that we have." She said the borough's intent is to administer the VPSO program, not to take care of law enforcement in the whole region. She relayed a message to Commissioner Masters that she would like to know how the Northwest Arctic Borough can help him and his staff succeed in providing public safety service. She thanked that committee, the bill sponsor, and Ms. Kensley for "keeping this out in the forefront." 9:30:23 AM REPRESENTATIVE SEATON, regarding the aforementioned population cut off of 10,000, questioned if a situation may occur in which cities with populations of less than 10,000 would eliminate their police department and ask for money from the state to have VPSOs instead. 9:30:39 AM MAYOR WHITING said the borough considered the 10,000 population level. Currently, she said, there are approximately 7,500 people in the region. She stated, "Once we get to that 10,000 threshold, then we deal with it at that time, because we know that laws [and] resolutions are subject to change based on the need." She said, "Right now we're able to take care of the needs within that population number." The VPSO program can work effectively in the borough, provided the training, lodging, and equipment is made available. REPRESENTATIVE SEATON said he supports the intent of the borough. He clarified that he is talking about an unintended consequence wherein a community of less than 10,000, which has a police department, eliminates that department in order to contract VPSOs. He explained, "Because it says ... the commissioner 'shall' contract with those entities for providing VPSO service." MAYOR WHITING opined that it would be up to each municipality to choose which entity is best equipped to provide public safety. 9:32:20 AM REPRESENTATIVE GATTO directed attention to page 1, line 15, and asked for the definition of "rural areas". MAYOR WHITING answered that most of Alaska's rural areas have VPSO programs. In response to a follow-up question, she indicated that an area is designated as rural depending on its population. 9:33:48 AM MS. HENSLEY noted that the regulations related to the VPSO program state that the program is intended for villages of 1,000 or less people. She recollected two years ago, when the Senate convened a task force which recommended that rural areas be considered villages of less than 150. 9:35:19 AM MS. HENSLEY said the intent of the program is to provide VPSOs in villages. She said, "There are different ways to look at that." For example, she said one indicator of which village should have a VPSO program could be whether or not that village has a road system, because Alaska State Troopers have access via road systems. She concluded, "So, it's not exactly set in stone, I guess is what I'm trying to say." The committee took an at-ease from 9:36:42 AM to 9:36:59 AM. 9:37:03 AM SUE STANCLIFF, Special Assistant, Office of the Commissioner, Department Public Safety, in response to Representative Seaton, said she is not aware of a definition of "rural" in statute. She noted that Copper Center is on the road system and has a VPSO. 9:37:57 AM REPRESENTATIVE GRUENBERG said he knows there are definitions of "rural" in statute, because he said he remembers a lengthy discussion on the House floor regarding this issue about 20 years ago. He offered to go summon the bill drafter. 9:38:42 AM JOHN GLICK, Major, Deputy Director, Central Office, Division of Alaska State Troopers, Department of Public Safety, stated that he is quite familiar with the VPSO program, having served as a deputy commander and then commander of the rural detachment of the Alaska State Troopers, which is responsible for the oversight of the state bi-level DPSO program. He stated that by regulation, VPSOs are placed in rural communities with populations of 1,000 or less, with priority given to those areas with locations that are logistically difficult to reach. He said there are VPSO programs in the Copper Center region, in Copper Center and Tazlina, and one being considered for Gulkana. He concurred with the comments of Mayor Whiting and Representative Joule regarding the specific situation in the Northwest Arctic Borough. He continued as follows: At one point a few years ago, Maniilaq man power - which was then the non-profit who administered this program and whom the department contracted with - went under, and we were put into a position of how to provide VPSO services to that region. We tried working with another non-profit region that was logistically far-removed from the Northwest Arctic Borough, and although administratively it seemed to work, there seemed to be some disconnect with regards to having intimate knowledge of what the needs of those particular rural communities in that region were and how to address those and how to interact on a continuous and consistent basis with those communities and within that region. 9:41:43 AM So, Maniilaq, who is the current non-profit corporation, stepped up to the plate and, although it ... did so very hesitantly, it was totally for the recognition and support of the needs of that region and realizing there needed to be some feet on the ground in that area that had some input to how things worked in the various communities they also served in their health service capacity. MAJOR GLICK said the addition of municipalities in the proposed legislation gives an option in the event a non-profit entity does not feel it is capable or willing to provide those services. He continued as follows: The big caveat to the consideration of this is we can only do so with the concurrence of the nonprofit for that region. ... It takes away our ability just to ... be competitive, if you will, and see who would provide the services for the best bang for the buck .... By putting the language in there, we'd need the concurrence of the ... non-profit for that region. MAJOR GLICK said what would still exist would be the collaborative effort, working to identify the specific needs and issues of each region and utilizing the VPSO program which best serves each area. 9:43:28 AM MAJOR GLICK, in response to Chair Lynn, confirmed that the Department of Public Safety supports HB 106. 9:43:59 AM STAN HAWLEY, North West Arctic Borough, noted that his supervisor had expressed concern about the inclusion of "municipalities" in the language of the bill. He explained that historically, the municipalities in villages are classified as second-class cities, which means there is less revenue-sharing with the state than in first-class cities. Many cities are financially non-solvent and using individual cities to administer VPSO contracts would result in higher administrative costs. 9:46:26 AM JAMES KNOPKE, Director, Village Public Safety Officer Program, Tanana Chiefs Conference (TCC), stated that TCC understands the reasoning behind HB 106 and wants to support VPSO positions in the Northwest Arctic Borough. He indicated that TCC had reservations about provisions proposed in an earlier version of the bill: "allowing the boroughs" and "the inclusion of the municipalities." He stated his understanding that [Version T] would require the commissioner to obtain the concurrence of the relevant nonprofit regional corporation, and he stated that TCC supports [Version T] as long as that concurrence remains. REPRESENTATIVE SEATON asked Mr. Knopke if it is his interpretation that Version T would give nonprofit regional corporations veto power over the commissioner's decision to grant VPSO services to a municipality. MR. KNOPKE answered no. He said TCC understands that the commissioner would make the final decision regarding VPSO position placements. He said, "We would just like to retain our ability to be in that decision-making process - especially for the interior." 9:49:20 AM CHAIR LYNN said he was just supplied with the definition of "rural", [in AS 14.43.700], which read as follows: Sec. 14.43.700. Definition. In AS 14.43.600 - 14.43.700, "rural" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks. 9:49:52 AM JACKIE HILL, Director, Native Services, Maniilaq Association, testified in support of HB 106, Version T. 9:51:15 AM CHRISTINE HESS, Staff, Representative Reggie Joule, Alaska State Legislature, on behalf of Representative Joule, prime sponsor of HB 106, confirmed Mr. Glick's previous statement that by regulation, VPSOs are placed in rural communities with populations of 1,000 or less. 9:51:34 AM CHAIR LYNN, after ascertaining that there was no one else to testify, closed public testimony. 9:51:38 AM REPRESENTATIVE GRUENBERG noted that in addition to the definition of "rural" found in AS 14.43.700, there is a second definition found in AS 44.33.239(7), which read as follows: (7) "rural area" means a community with a population of 1,500 or less or a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks. REPRESENTATIVE GRUENBERG indicated that there is a third definition, in AS 18.56.300(2). He concluded, "It sounds like VPSO is 1,000 or less, and it doesn't say anything about the connection by road." 9:53:40 AM REPRESENTATIVE SEATON remarked that none of the definitions previously noted "fit" for VPSOs, so, if a definition is needed, the committee should adopt one. He said he wants to figure out if Version T would give nonprofit [regional corporations] veto power over the statutory requirement to provide a grant. 9:55:20 AM GERALD LUCKHAUPT, Attorney, Legislative Legal Counsel, Legislative Legal and Research Services, Legislative Affairs Agency (LAA), offered his understanding that through the language in Version T, the bill sponsor is attempting to ensure that nonprofit regional corporations - the only entity that can receive the grants under current law - would still have some say in the process and would not be hurt by the proposal to provide grants to a municipality. He told Representative Seaton, "So, You are correct in your interpretation." 9:56:03 AM REPRESENTATIVE SEATON said he does not have a problem with "the intent of getting there." He noted that the language directs the commissioner through the use of the word "shall", and he indicated that he would like to find a way to maintain the intent while avoiding "illegal construction." 9:56:56 AM MR. LUCKHAUPT responded that there are ways to ensure that the nonprofit [regional corporation] is "involved in the decision that stops short of what I think you're seeing as the problem." REPRESENTATIVE SEATON suggested changing the language [on page 2, lines 5-6], so that the commissioner would provide the grant in consultation with the nonprofit regional corporation rather than having to "obtain the concurrence of the nonprofit regional corporation for the area". MR. LUCKHAUPT responded that he is not entirely sure this is a legal problem, but if the language is of concern, Representative Seaton's suggestion would "solve it." 9:58:26 AM REPRESENTATIVE SEATON, in response to Chair Lynn, said he would be willing to offer that change as a conceptual amendment. He remarked that the City of Seldovia, which has a police department, is having a huge problem making its budget. He offered his interpretation that the language would allow a municipality that is not on the road system to eliminate its police department, and a nonprofit regional corporation could veto the grant that the commissioner was directed to make. He indicated that the corporation might choose to exercise that veto if it did not want that area to have VPSOs, for example. 9:59:50 AM REPRESENTATIVE GATTO said communities will try to work the system to their advantage; therefore, it is important to ensure that the language in the bill is "right." MR. LUCKHAUPT, in response to a question from Representative Gatto, said the corporations involved must be nonprofit regional corporations. He added, "They are for-profit corporations in some ways, but they also have [a] nonprofit ... sub-corporation that's set up to run these programs." 10:01:41 AM REPRESENTATIVE JOHNSON asked if a village corporation would take precedence over a regional corporation - both being nonprofit. 10:02:08 AM MS. HENSLEY responded that the nonprofit regional corporations to which the bill refers are the twelve nonprofit regional corporations that were created by the Alaska Native Claims Settlement Act (ANCSA). REPRESENTATIVE JOHNSON suggested that the word corporations be capitalized in the bill to differentiate between those corporations intended and other village corporations. MR. LUCKHAUPT indicated that the language has been around awhile and has always been interpreted to mean [the twelve] regional corporations. 10:03:15 AM REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 26- LS0402\T.1, Luckhaupt, 4/8/09, as follows: Page 1, line 6: Delete "and" Insert "or" 10:03:47 AM CHAIR LYNN asked if there was any objection to Amendment 1. There being none, it was so ordered. 10:04:21 AM REPRESENTATIVE GRUENBERG noted that in Section 2, language specifies that the only municipalities that can get [the grants] would be those with populations of less than 10,000. He then noted that Section 4 would amend [AS 29.35.010] - which lists the general powers of all municipalities - to include the receipt of grants. He asked, "Shouldn't that be broken out to be limited to municipalities of less than 10,000 to conform to Section 2?" MR. LUCKHAUPT answered that he does not see the need for that change, because [the proposed language in Section 4, which would amend the aforementioned statute] refers to [AS 18.65.670], which he said limits the municipalities that can receive the grants to those with populations under 10,000. He said Tamara Cook, a Legal Services Advisor, concurs. 10:05:28 AM CHAIR LYNN announced that HB 106 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HJR031B.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 01 4-2-09 CSHB106_T.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 106 |
| 02 Sponsor Statement HJR 31.doc |
HSTA 4/9/2009 8:00:00 AM |
|
| 03 HJR031-1-1-040809-MLV-N.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 04 Expenses Incident to Death.doc |
HSTA 4/9/2009 8:00:00 AM |
|
| 05 DD93.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 06 Air Force Association support letter.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 02 4.8.09HB106_SponsorStatement.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 106 |
| 03 HB106_SummaryOfChanges2.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 106 |
| 04 HB106-Fiscal_Note-DPS-DET-02-23-09.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 106 |
| 05 NAB Resolution.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 06 4.8.09HB106_Sectional.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 106 |
| 07 H.R. 1633.pdf |
HSTA 4/9/2009 8:00:00 AM |
|
| 3-13-09 - HB 76 Research.pdf |
HSTA 4/9/2009 8:00:00 AM |
HB 76 |