Legislature(2015 - 2016)CAPITOL 106
02/03/2015 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB43 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 65 | TELECONFERENCED | |
| *+ | HB 43 | TELECONFERENCED | |
HB 43-AK LAW ENFORCEMENT OFFICERS' DAY
8:19:39 AM
VICE CHAIR KELLER announced that the only order of business was
HOUSE BILL NO. 43, "An Act establishing Alaska Law Enforcement
Officers' Day."
8:20:23 AM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute for HB 43, Version 29-LS0242\W, Shutts, 1/28/15, as a
work draft. There being no objection, Version W was before the
committee.
8:20:41 AM
CHAIR LYNN introduced HB 43, as prime sponsor. He related that
he was raised by a Los Angeles County deputy sheriff, has a
grandson who has a [law enforcement] placement in Maryland, and,
himself, served as an officer in the Tucson, Arizona police
department and has personal understanding why Alaska Law
Enforcement Day should be regarded as a special day. He
mentioned the need for technology, but moreover emphasized that
law enforcement officers put their lives on the line every day.
He related a harrowing experience he had as an officer. He
stated his belief that law enforcement officers deserve special
recognition, which is the purpose of the proposed legislation.
8:22:36 AM
JOANNA LEWIS, Staff, Representative Bob Lynn, Alaska State
Legislature, presented HB 43 on behalf of Representative Lynn,
prime sponsor. She explained that the original bill proposed
that a [Sunday on, or preceding,] May 15 be established as
Alaska Law Enforcement Officers' Day because May 15 is National
Peace Officer Memorial Day, and the week in which it falls is
National Police Memorial Week. Ms. Lewis said after introducing
the original bill version, the prime sponsor received feedback
from several law enforcement agencies that the proposed date may
conflict with some of the memorial services already taking place
across the state. She explained that Version W would change the
proposed Alaska Law Enforcement Officers' Day to January 9,
which was recently named, "National Law Enforcement Appreciation
Day," as part of a national movement led by [the FBI National
Academy Associates, Inc.] and "Police Survivors, Inc." She
said, there has been nothing but good feedback since making that
change.
8:26:12 AM
REPRESENTATIVE GRUENBERG stated that he was not certain whether
he would be allowed to offer an amendment or vote on anything
via teleconference, and suggested that another committee member
could [offer amendments] for him.
VICE CHAIR KELLER said he would limit the offering of amendments
to the committee members [physically] present. He noted
Representative Kreiss-Tomkins had agreed to offer Representative
Gruenberg's amendment.
8:27:12 AM
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 1,
labeled 29-LS0242\W, Shutts, 2/2/15, which read as follows:
Page 1, line 1:
Delete "Law Enforcement"
Insert "Peace"
Page 1, line 4:
Delete "Law Enforcement"
Insert "Peace"
Page 1, lines 4 - 5:
Delete "Law Enforcement"
Insert "Peace"
Page 1, lines 5 - 6:
Delete "law enforcement officers and"
Page 1, line 6:
Delete "Law Enforcement"
Insert "Peace"
8:27:15 AM
VICE CHAIR KELLER objected for the purpose of discussion.
8:27:34 AM
REPRESENTATIVE GRUENBERG explained that the handwritten addition
to Amendment 1 [which read "Insert 'Alaska'"], should be deleted
because he had included it as a result of previously misreading
text. [Representative Gruenberg's recommendation was treated as
a motion to amend Amendment 1.]
VICE CHAIR KELLER announced that there being no objection, the
amendment to Amendment 1 was adopted.
8:28:39 AM
REPRESENTATIVE GRUENBERG referenced the footnote on the one-page
memorandum from Legislative Legal and Research Services, which
states that the definition of "peace officer" is included in [AS
01.10.060(a)(7)]. He offered his understanding that according
to the memorandum, everything that falls under the category of
"law enforcement officer," also falls under the general
definition of "peace officer"; however, there are some
categories under "peace officer" that do not fall under "law
enforcement officer".
8:29:36 AM
LISA KIRSCH, Assistant Revisor, Legislative Legal and Research
Services, Legislative Affairs Agency, responded that generally
speaking, that is correct; however, she deferred to the drafter
of Amendment 1, Ms. Susie Shutts. Nevertheless, Ms. Kirsch
stated that the definition in Title 1 is a more encompassing
definition that has broader application.
8:30:12 AM
REPRESENTATIVE GRUENBERG surmised that putting in the term "law
enforcement officer" would be redundant because everything would
be included within the definition in Title 1 of "peace officer".
8:30:33 AM
SUSIE SHUTTS, Legal Counsel, Legislative Legal and Research
Services, stated that she had written the memorandum to which
Representative Gruenberg had referred. She echoed Ms. Kirsch's
statement that the definition in Title 1 is broad. [Due to
technical difficulties, sound was briefly lost.] Ms. Shutts
indicated that there is no law enforcement definition that
would, by default, apply here. She said the legislature could
add one; however, if not added then the common usage of law
enforcement officer would apply.
8:31:22 AM
REPRESENTATIVE GRUENBERG noted that in the footnote of her
memorandum, Ms. Shutts mentioned that there are several statutes
using the term "law enforcement officer." He asked whether
those particular references would be covered if only the term
"peace officer" was used in the bill.
MS. SHUTTS answered yes. She indicated that the usage of the
term "law enforcement officer" in statute is specific, and she
said she thinks "the broad definition of 'peace officer' would
cover that."
8:32:58 AM
VICE CHAIR KELLER noted that the bill states that Alaska Law
Enforcement Officers' Day would honor "law enforcement officers
and peace officers." He queried whether that gets the job done
and asked Representative Gruenberg to explain whether he has an
aversion to the term law enforcement officer.
REPRESENTATIVE GRUENBERG said it seems that since law
enforcement officers are peace officers, it is redundant to say
"law enforcement officers and peace officers" in that law
enforcement officers would be covered by just stating peace
officers.
8:33:58 AM
VICE CHAIR KELLER said he does not see Amendment 1, as amended,
as an improvement to HB 43. Further, he said he had considered
asking Representative Gruenberg to withdraw the proposed
amendment.
REPRESENTATIVE GRUENBERG said he would not belabor the point if
it was the wish of the prime sponsor for Amendment 1, as
amended, to be withdrawn.
VICE CHAIR KELLER asked for feedback from other committee
members.
8:34:37 AM
REPRESENTATIVE VAZQUEZ echoed Vice Chair Keller's point that the
bill includes both law enforcement officers and peace officers.
REPRESENTATIVE GRUENBERG reiterated his point regarding
redundancy and restated his willingness for Amendment 1, as
amended, to be withdrawn.
VICE CHAIR KELLER said he would ask for the proposed amendment
to be withdrawn unless he heard an argument in favor of it from
the committee.
8:35:37 AM
REPRESENTATIVE KREISS-TOMKINS withdrew his motion to adopt the
proposed Amendment 1, [as amended].
8:36:19 AM
JAKE METCALFE, Director, Public Safety Employees Association
(PSEA), Local 803, testified in support of HB 43. He reviewed
that the PSEA represents approximately 800 law enforcement
employees throughout Alaska, including: the Alaska State
Troopers, court services officers, airport police and fire
officers, deputy fire marshals within the Department of Public
Safety (DPS), and municipal employees in Ketchikan, Sitka,
Juneau, Fairbanks, Soldotna, Dillingham, and Unalaska. He said
the municipal employees include: law enforcement officers,
dispatchers, evidence custodians, and clerks in police
departments.
MR. METCALFE mentioned transition reports from Governor Bill
Walker, and offered his understanding it had been published
about two weeks prior. He read a quote included in the report
by the transition team on public safety, as follows:
As a state and as an employer, we have a duty to the
men and women we hire to serve and protect our
citizens and to enforce our laws. If we, as a state,
are asking these public servants to protect all of our
citizens from danger, we owe them the full measure of
our support. They deserve to be well-paid, well-
equipped, well-trained, and well-led. They need to
know that if they're injured, we will nurse them back
to health, and that if they are killed, we will
comfort and assist their families.
MR. METCALFE said the PSEA believes HB 43 is an example of the
policy statement included in the transition report. He said by
establishing an Alaska Law Enforcement Officers' Day, the State
of Alaska would show a full measure of support to the men and
women hired to protect its citizens and enforce its laws.
Further, the proposed legislation would give Alaska and its
communities the opportunity to reflect on the ultimate
sacrifices made and time to honor those who dedicate themselves
and their families to serve Alaskans. He stated that the PSEA
asks the committee to support HB 43.
MR. METCALFE imparted that one of the PSEA's members was injured
over the weekend in a plane accident while working and is
currently in the hospital. Further, he noted that two members
were killed in May of 2014: Scott Johnson and Gabe Rich. He
said their families are going through the grief and tragedy that
resulted from that loss. He echoed a comment from Chair Lynn in
that people working in law enforcement can go to work one day
and end up making the ultimate sacrifice. He said the PSEA
considers HB 43 to be a positive bill.
8:41:04 AM
LIEUTENANT KRIS SELL, Vice President, Alaska Peace Officers
Association, stated that there are approximately 800 members,
composed of active and former law enforcement officers, public
safety workers, supporters of law enforcement, and a few
prosecutors. She said those in the association are part of
their communities. She referred to recent occurrences [in the
Lower 48], which have led to distrust between police departments
and citizens. She stated that it is fortunate that that is not
the norm in Alaska. She indicated an event that has occurred in
Juneau a few times, called, "Coffee with a Cop," during which
people who participate sometimes have questions, but often just
express their support. Lieutenant Sell stated that the proposed
legislation would designate a formal day when people can say
that "we are not a house divided in Alaska." She expressed
thanks on behalf of the APOA for committee support of HB 43.
8:43:29 AM
BRANDY JOHNSON stated that she is the recent widow of Scott
Johnson, a former sergeant with the Alaska State Troopers. She
said she spoke on behalf of all the men and women in law
enforcement and their families. She stated that in 2014, there
were 121 line-of-duty deaths. She said two of those deaths
occurred in Alaska, with the loss of her husband, Scott Johnson,
and Alaska State Trooper Gabe Rich, and following that incident,
morale among law enforcement in Alaska was significantly
diminished.
MS. JOHNSON continued as follows:
The law enforcement community within our great state
should know they're appreciated. They perform the
task most of us would never want to experience. They
are the people that get the calls at home, while the
rest of the public is sleeping, to respond to the car
accident, a drowning, or a murder. Law enforcement
cleans up the floor after a teenager commits suicide,
so the mother doesn't have to. They cut the body out
of the frozen river with a chain saw in the winter to
recover someone's loved one. They are the ones who
answer a call when a domestic violence situation has
turned into a hostage situation. Can you imagine what
it would be like to interview a suspect that you know
from evidence has raped a dead child? If my words are
disturbing here today, imagine having to deal with
these situations every day.
Law enforcement also comforts people on the worst days
of their life. They demonstrate infinite patience and
put their life on the line to protect their
communities. They do it when they are tired, when
they miss their daughter's birthday, and even when
it's Christmas. Most calls are requests for help or
to file a complaint; seldom are the calls to just say
thank you: Thank you for finding and returning my
rifle; thank you for the compassion you showed when I
felt scared, violated, threatened; or thank you for
patiently answering my questions. Those letters of
thank you from the public often mean the most, yet
many do not call to say thank you.
Do troopers and officers do their duty without our
appreciation? Yes. Do they expect our appreciation?
No. Does appreciation encourage them to come to work
and do well at their job? Yes. I have spent the last
23 years living the law enforcement life. It is
extremely draining. A day to recognize law
enforcement in Alaska would mean a great deal to the
men and women in the law enforcement community. I ask
you to consider HB 43 and tell Alaska's law
enforcement their sacrifice and risk have not gone
unnoticed.
8:47:01 AM
VICE CHAIR KELLER indicated that [Ms. Johnson's testimony]
certainly confirms the value of the proposed legislation. He
said, "We are deeply indebted to our law enforcement officers."
8:47:12 AM
VICE CHAIR KELLER closed public testimony after ascertaining no
one further wished to testify.
8:48:23 AM
VICE CHAIR KELLER noted that in the committee packet were three
amendments from Representative Gruenberg, and asked if all three
were intended to be moved for adoption.
REPRESENTATIVE GRUENBERG answered no. He explained that the
amendment labeled "\W.3" was a combination of the amendment
already adopted and the forthcoming amendment.
8:48:45 AM
REPRESENTATIVE KREISS-TOMKINS moved to adopt Amendment 2,
labeled 29-LS0242\W.1, Shutts, 2/2/15, which read as follows:
Page 1, line 7, following "observed by":
Insert "
(1)"
Page 1, line 7, following "public":
Insert ";
(2) activities directed at encouraging
people of all ages to increase their involvement in
preventing and reporting crimes, assisting peace
officers with solving crimes, and keeping their
communities safe"
VICE CHAIR KELLER objected for the purpose of discussion.
8:49:03 AM
REPRESENTATIVE GRUENBERG stated that Amendment 2 would add
language encouraging people to help law enforcement officers
maintain the peace. He opined that Amendment 2 would not hinder
HB 43, but would strengthen it by encouraging people to get
involved. He stated, "It was to avoid things like the Kitty
Genovese case ... where people just stand around and don't do
anything."
8:49:58 AM
CHAIR LYNN said he thinks the proposed legislation already
encourages people's support, and Amendment 2 would be redundant.
8:50:27 AM
REPRESENTATIVE GRUENBERG said he would support the withdrawal of
Amendment 2, if that was the wish of the prime sponsor.
8:50:45 AM
VICE CHAIR KELLER expressed his wish for Amendment 2 to be
withdrawn.
8:51:28 AM
REPRESENTATIVE KREISS-TOMKINS withdrew his motion to adopt
Amendment 2. There being no objection, the motion to adopt
Amendment 2 was withdrawn.
8:51:52 AM
REPRESENTATIVE GRUENBERG reiterated his understanding that he
was not allowed to vote via teleconference, and related that he
supports [HB 43, as amended] and would give a "do pass."
8:52:12 AM
[Due to technical difficulties sound was lost briefly.]
REPRESENTATIVE KREISS-TOMKINS [moved to report CSHB 43, Version
29-LS0242\W, Shutts, 1/28/15, as amended, out of committee] with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 43(STA) was reported out of the
House State Affairs Standing Committee.
8:52:36 AM
VICE CHAIR KELLER handed the gavel back to Chair Lynn.
8:52:41 AM
CHAIR LYNN noted that HB 43 was conceived before the recent
events in Ferguson, Missouri, and New York City. He stated,
"Because these things happen all the time, we must support our
law enforcement. We have a lot of problems, we have a lot of
challenges in Alaska, but unless we survive, with the help of
law enforcement and other first responders, those problems don't
mean a heck of a lot."