Legislature(2023 - 2024)GRUENBERG 120
04/13/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB140 | |
| HB146 | |
| SB38 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 146 | TELECONFERENCED | |
| *+ | HB 42 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 38 | TELECONFERENCED | |
| += | HB 140 | TELECONFERENCED | |
SB 38-INTERFERENCE WITH EMERGENCY SERVICES
3:42:41 PM
CHAIR SHAW announced that the final order of business would be
SENATE BILL NO. 38, "An Act establishing the crime of
interference with emergency communications."
3:42:55 PM
The committee took a brief at-ease from.
3:44:26 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, presented SB 38, on behalf of Senator Wilson, prime
sponsor. She paraphrased the sponsor statement [included in the
committee packet], which read as follows [original punctuation
provided]:
Senate Bill 38 establishes the offense of interference
with emergency communications. This statute would
apply when a person: repeatedly makes 911 calls to
report something they know has already been reported,
repeatedly calls 911 when there is no emergency, or
harasses or threatens a 911 operator.
Interference with emergency communications -- the
misuse, abuse, and disruption of 911 dispatch centers
-- is a problem that severely impacts public safety
and emergency response by delaying responses to real
emergencies. It is prevalent at dispatch centers
across Alaska and must be addressed.
During these disruptive events, other urgent emergency
calls must be placed on hold or delayed to meet
standards; industry standards are that all 911 calls
must be answered within 15-20 seconds. A dispatcher
could be required to place the parent of a choking
child on hold to answer repeated calls from a
harassing individual who is not in need of emergency
services, delaying necessary life-saving measures.
Under the language in the bill, that harasser could be
charged. Currently, state statute does not address
harassing behavior specific to 911 dispatch centers,
nor does it give law enforcement adequate recourse to
stop the behavior.
This problem is not unique to Alaska. Other states
have developed legislation that makes interfering with
emergency communications an arrestable offense --
which is the most effective way to stop the
interference -- thus allowing 911 telecommunicators to
focus on legitimate emergencies.
3:47:03 PM
CHAIR SHAW proceeded with invited testimony, welcoming
Commissioner Cockrell, Department of Public Safety (DPS).
3:47:25 PM
JAMES COCKRELL, Commissioner, DPS, expressed support for the
proposed legislation on behalf of the department. He said the
bill was long overdue, as emergency dispatch was a lifeline to
law enforcement officers. He indicated that emergency dispatch
was plagued by individuals continuing to call 911 in an attempt
to interfere or complain. He concluded by stating that SB 39
would act as a tool to stop people from making continuous
obstructive 911 calls.
3:49:55 PM
JOEL BUTCHER, President, Association of Public-Safety
Communications Officials; National Emergency Numbers Association
(NENA), stated his support for the proposed legislation, as
there was no existing statute that criminalized this type of
activity. He clarified that the bill was not an attempt to
penalize a person who called 911 in error. Instead, SB 38 would
provide dispatchers the ability to warn callers of their
behavior and provide law enforcement with the authority to
arrest as a last result.
3:51:18 PM
JACOB BUTCHER, Communications Manager, Mat-Com Dispatch,
expressed support for the proposed legislation. He explained
that nonemergency calls to 911 were often handled in stride and
redirected to the appropriate resource; however, in some
instances, explanation and education were not sufficient to
surmount the disruption caused by intentional disorderly and
harassing calls to the 911 center. He attested to several of
such occasions in which emergency dispatch was intentionally
disrupted. He pointed out that in most true emergencies,
seconds count. For that reason, he stated SB 38 would provide a
mechanism with which law enforcement could react swiftly to
resolve these disruptions to Alaska's central public safety
infrastructure. Quick resolution would free up the 911 lines,
unencumber the emergency telecommunicators and responders, and
expedite resources to Alaskans with true time sensitive
emergencies, he said.
3:54:25 PM
CHAIR SHAW shared his understanding that the legislation was
accompanied by a zero fiscal note.
COMMISSIONER COCKRELL confirmed.
3:54:40 PM
REPRESENTATIVE STORY inquired asked how emergency personnel
would assess whether a person "knowingly" called. Additionally,
she asked how individuals with behavioral health issues would be
addressed.
COMMISSIONER COCKRELL outlined the procedures, indicating that
the first step was to warn the caller. If that individual
continued to call, he/she would be making those calls knowingly,
he said. Regarding mental health concerns, he stated that it
would be up to the officer to discern and assess the caller. He
pointed out that disruptive calls were typically coming from a
person who had an unfavorable interaction with police. He
reiterated that the intent was to protect dispatchers, noting
that many other states had enacted similar laws.
REPRESENTATIVE STORY opined that a person with behavioral health
issues should not be arrested. She asked whether Soldotna had a
Crisis Now unit.
COMMISSIONER COCKRELL answered no; however, he shared his
understanding that a Crisis Now unit was being set up in the
Mat-Su valley.
3:59:51 PM
REPRESENTATIVE C. JOHNSON asked whether other types of emergency
communications were being interfered with other than 911
dispatch centers.
MS. MARTIN highlighted the definition of "emergency
communications" in the bill, which included communication made
to or from an emergency communications center or between police
fire, or medical service personnel.
REPRESENTATIVE C. JOHNSON inquired about an emergency broadcast
station, for example. He suggested amending the definition to
include all types of emergency communications, including the act
of stopping a police officer to talk with him/her.
COMMISSIONER COCKRELL explained that the examples of
interference offered by Representative C. Johnson would most
likely be charged with a different crime. Further, he pointed
out that most radio communications between law enforcement and
emergency medical services (EMS) was encrypted.
4:03:31 PM
REPRESENTATIVE ALLARD suggested including interference with
municipalities' emergency management systems in the bill.
MS. MARTIN discussed a similar piece of legislation that was
identical to SB 38 with an added section pertaining to the
physical destruction of emergency communication infrastructure.
She explained that the provision was removed because the conduct
was already a crime.
4:04:40 PM
REPRESENTATIVE STORY asked whether the bill would help with
employee retention.
COMMISSIONER COCKRELL said that was a goal, expressing his hope
that SB 38 would set a new standard and discourage people from
harassing dispatchers.
4:05:35 PM
REPRESENTATIVE CARPENTER expressed support for the concept of SB
38. He suggested that although caller ID was utilized, a person
other than the registered owner of the phone could have placed
the call. He asked how a law enforcement officer would identify
the true caller.
MS. MARTIN said often, callers provide their name. Further, law
enforcement officers would be sent immediately to actively stop
the disruptive calls from continuing.
COMMISSIONER COCKRELL pointed out that any police action was
accompanied by an investigation. Additionally, any arrest would
be supported by probably cause and a submitted report to the
district attorney. He encouraged the committee not to overthink
the legislation.
4:07:41 PM
CHAIR SHAW opened public testimony on SB 38. After ascertaining
that no one online or in person wished to testify, he closed
public testimony. He announced that SB 38 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 146 DPS Presentation 04.13.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
HB 146 |
| HB 146 Transmittal Letter 03.28.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
HB 146 |
| HB 146 Hearing Request 04.07.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
HB 146 |
| HB0146A.PDF |
HSTA 4/13/2023 3:00:00 PM |
HB 146 |
| HB146 Sectional Analysis Version-A 04.07.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
HB 146 |
| SB 38 v. A.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 FN 3 DOC 2.1.23.PDF |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 Sponsor Statement 1.17.2023.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 FN 4 DOL 2.1.23.PDF |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 FN 5 DPS 2.1.23.PDF |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 FN 6 DOA LAS OPA 3.13.23.PDF |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 FN 7 DOA LAS PDA 3.13.23.PDF |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 Letter of Support 2.7.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 Letters of Support as of 1.23.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 Letters of Support as of 3.20.23.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |
| SB 38 Sectional Analysis v. A 1.17.2023.pdf |
HSTA 4/13/2023 3:00:00 PM |
SB 38 |