Legislature(2017 - 2018)GRUENBERG 120

04/04/2017 03:00 PM STATE AFFAIRS

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         HB 163-DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES                                                                      
4:07:08 PM                                                                                                                    
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE  BILL NO. 163, "An Act  authorizing the Department                                                               
of  Public  Safety  to  enter   into  agreements  with  nonprofit                                                               
regional corporations  and federal, tribal, and  local government                                                               
agencies  to provide  law enforcement  services; authorizing  the                                                               
Department  of Public  Safety  to collect  fees  for certain  law                                                               
enforcement services; and providing for an effective date."                                                                     
4:07:28 PM                                                                                                                    
The committee took an at-ease from 4:07 p.m. to 4:10 p.m.                                                                       
4:10:02 PM                                                                                                                    
CHAIR KREISS-TOMKINS stated that  the Department of Public Safety                                                               
(DPS) has proposed a committee substitute (CS) for HB 163.                                                                      
4:10:15 PM                                                                                                                    
REPRESENTATIVE KNOPP moved  to adopt the proposed CS  for HB 163,                                                               
Version  30-GH1811\D, Martin,  3/30/17,  as  a working  document.                                                               
There being no objection, Version D was before the committee.                                                                   
4:11:00 PM                                                                                                                    
WALT MONEGAN, Commissioner Designee,  Department of Public Safety                                                               
(DPS),  explained that  the only  change under  Version D  is the                                                               
addition of a sentence in  the paragraph entitled "APPLICABILITY"                                                               
under Section 3 of HB 163.   The new sentence states that nothing                                                               
in the  section requires a  nonprofit to enter into  an agreement                                                               
with  DPS.    He  asserted  that this  change  would  assure  the                                                               
nonprofits  that  DPS  would  not  force them  to  pay  [for  law                                                               
enforcement  services}.   He  added that  DPS  is anticipating  a                                                               
meeting  with the  Governor's Tribal  Advisory Council  (GTAC) to                                                               
further discuss the language in the proposed legislation.                                                                       
4:12:11 PM                                                                                                                    
REPRESENTATIVE   LEDOUX  referred   to   the   language  in   the                                                               
"APPLICABILITY" paragraph  of Version D, Section  3, which states                                                               
that a  contract with DPS is  only allowed for an  entity with no                                                               
local police  force.  She  said that  she did not  understand the                                                               
rationale  behind not  allowing  an entity  with  a local  police                                                               
force to supplement its services through a contract with DPS.                                                                   
COMMISSIONER MONEGAN responded that DPS  does not want to compete                                                               
with existing police  agencies; it will always  augment or assist                                                               
them  if requested.    He stated  that  the proposed  legislation                                                               
addresses  DPS  entering  into   a  contract  with  agencies  and                                                               
charging  them.   He maintained  that DPS  wants to  avoid having                                                               
communities  dissolve their  police  departments and  ask DPS  to                                                               
"take over."                                                                                                                    
REPRESENTATIVE  LEDOUX stated  that  she did  not understand  why                                                               
DPS, which does  not want to contract with  communities having an                                                               
organized police  force in  the future,  would agree  to contract                                                               
with  communities  with  an  organized police  force  as  of  the                                                               
effective date  of the [bill].   She said that  her understanding                                                               
was  that the  proposed  legislation could  address the  Girdwood                                                               
situation.  She said, "I still don't get it."                                                                                   
COMMISSIONER  MONEGAN  replied  that the  Girdwood  situation  is                                                               
unique:    Girdwood is  part  of  the Municipality  of  Anchorage                                                               
(MOA),  which has  an  organized  police force,  and  there is  a                                                               
mechanism in place  for the Anchorage Police  Department (APD) to                                                               
provide services.   Girdwood  taxed itself  to pay  for services,                                                               
but the amount was not  enough for what APD required; appropriate                                                               
charges  are still  being determined.   He  stated that  the only                                                               
other areas for  which he has concerns are areas  like Bethel:  a                                                               
number of  police officers walked off  the job [in Bethel]  a few                                                               
years ago,  and because  there was  a crisis,  DPS had  to assist                                                               
with the  state charges.   It did  not assist with  city charges.                                                               
He maintained  that DPS intends  to explore the possibility  of a                                                               
REPRESENTATIVE  LEDOUX  relayed  that   DPS  is  concerned  about                                                               
communities like Bethel,  for which DPS is called  upon to assist                                                               
without  the  ability   to  charge.    She   suggested  that  the                                                               
prohibition  for contracting  with  an entity  with no  organized                                                               
police  force  should be  eliminated  from  the language  of  the                                                               
proposed legislation.                                                                                                           
COMMISSIONER  MONEGAN responded  that  there was  a situation  in                                                               
which  DPS  was requested  to  provide  a Village  Public  Safety                                                               
Officer (VPSO) to a community  to augment its law enforcement; as                                                               
soon as  DPS did so, the  community fired its tribal  and village                                                               
police officers  to save  money.   He maintained  that it  is for                                                               
that  reason that  DPS is  hesitant to  engage initially  with an                                                               
entity that already  has a police force, and he  said he suspects                                                               
that DPS would act  on a case by case basis.   He reiterated that                                                               
DPS  has  seen communities  take  advantage  of the  department's                                                               
willingness to assist them.                                                                                                     
4:17:26 PM                                                                                                                    
REPRESENTATIVE BIRCH asserted that the  question is:  Are DPS and                                                               
the  Alaska  State  Troopers  (AST)   obligated  to  provide  law                                                               
enforcement services  outside of organized areas  that have their                                                               
own law enforcement,  such as the City of Fairbanks,  the City of                                                               
North Pole,  MOA inside the  police service area, and  across the                                                               
state?    He  stated  his  concern  regarding  the  lack  of  law                                                               
enforcement on  the Seward  Highway for the  people of  the Kenai                                                               
Peninsula and  the municipality.   He mentioned  that legislators                                                               
have been  advised that  DPS intends to  move the  state troopers                                                               
from the area after May 2.                                                                                                      
COMMISSIONER  MONEGAN  answered  that the  municipality  can  tax                                                               
itself.   He added  that DPS's dilemma  is that  trooper staffing                                                               
level  is such  that it  is  a struggle  to staff  areas with  no                                                               
police  availability at  all.    He stated  that  it  is a  moral                                                               
dilemma  for DPS;  in the  Bush, where  there is  no alternative,                                                               
there are over  100 communities with no  law enforcement presence                                                               
at all.   He  reiterated that  MOA can  tax itself;  it partially                                                               
does tax itself;  but it didn't "buy the whole  APD package."  He                                                               
maintained  that it  is  incumbent upon  the  community, not  the                                                               
state, to address that.                                                                                                         
REPRESENTATIVE BIRCH  stated that he respectfully  disagrees.  He                                                               
relayed that the  legislature is seated as an  assembly under the                                                               
Alaska  State Constitution  for  the areas  outside of  organized                                                               
municipalities and boroughs with  law enforcement.  He maintained                                                               
that outside  of the  city service areas,  there is  no provision                                                               
for police  service.   Residents can vote  to organize  a borough                                                               
and enlist police  services; the city of Bethel could  do so; and                                                               
it takes time to do so.  He  said he takes umbrage with the issue                                                               
that only  52 of 76 funded  VPSO positions are filled;  there are                                                               
24 vacancies;  therefore, money is  available to provide  the law                                                               
enforcement services.   He concluded  that the  legislature needs                                                               
to consider  its ultimate responsibility  for public safety.   He                                                               
maintained  that the  Seward Highway  between  Anchorage and  the                                                               
Kenai Peninsula with its heavy traffic cannot be ignored.                                                                       
CHAIR KREISS-TOMKINS  concurred that  the issue is  a legislative                                                               
and budgeting issue in terms of DPS resources.                                                                                  
4:21:27 PM                                                                                                                    
REPRESENTATIVE WOOL  stated that several different  problems have                                                               
created the  situation.   The first  was the  Girdwood situation:                                                               
Girdwood had  an APD  trooper; trooper funding  was cut;  and APD                                                               
"pulled back" officers from Girdwood.   He said that consequently                                                               
the  community of  Girdwood,  wanting  law enforcement  coverage,                                                               
contracted for it with its own  funds.  He stated that the second                                                               
problem involved the  situation in Bethel:  because of  a lack of                                                               
personnel, troopers  came into Bethel.   He restated Commissioner                                                               
Monegan's fear that  Bethel would fire its police  force and rely                                                               
on the troopers.  Since Bethel  is an organized community, AST is                                                               
not responsible  for law  enforcement in Bethel.   He  stated the                                                               
third  problem:   the lack  of  officers in  the AST  force.   He                                                               
referred  to  Commissioner  Monegan's testimony  in  the  3/28/17                                                               
House  State  Affairs  Standing   Committee  meeting  that  these                                                               
troopers would  typically be retired  troopers brought  back into                                                               
the work force.                                                                                                                 
REPRESENTATIVE WOOL  asserted that the problem  is multi-layered:                                                               
there is a shortage of troopers  and a shortage of funding except                                                               
for  VPSOs.   He maintained  that DPS  would not  want to  expend                                                               
resources in one  area, when they are needed in  other areas.  He                                                               
asked Commissioner Monegan  if in the Bethel  situation - helping                                                               
Bethel  out by  providing  officers -  temporarily  buys it  time                                                               
until  it  can  secure  more  officers, at  which  time  DPS  can                                                               
reallocate resources.                                                                                                           
COMMISSIONER MONEGAN responded that  in the Bethel situation that                                                               
was exactly what would happen.   He relayed that AST filled in to                                                               
handle life  threatening situations;  there were only  two Bethel                                                               
police officers  at the time;  and even  the chief of  police had                                                               
"walked off  the job."   He stated  that AST  provided assistance                                                               
until the Bethel Police Department  (BPD) was able to rebuild its                                                               
police force and take over again.                                                                                               
COMMISSIONER  MONEGAN   relayed  the  history  of   the  Girdwood                                                               
situation as  it relates to  the proposed legislation:   Girdwood                                                               
offered  to  contract   with  DPS  to  retain   troopers  in  the                                                               
community; it was  during these discussions that  DPS realized it                                                               
did not have the receipt authority  to enter into a contract with                                                               
Girdwood; and HB  163 was introduced to address this.   He stated                                                               
that DPS wishes to expand its  presence and provide services at a                                                               
higher and  more quantitative level  than currently  - especially                                                               
in the rural  areas.  He offered  that it is for  this reason DPS                                                               
will resist a  reduction in the number of VPSOs;  it is hoping to                                                               
"turn  around" on  the recruiting  and training  issues for  both                                                               
VPSOs and troopers.  He opined  that it would be short sighted to                                                               
"rob Peter to  pay Paul, so to speak, especially  if Paul had the                                                               
ability to find better and  more readily available trained police                                                               
officers  to them  versus  someplace  else that  has  none."   He                                                               
mentioned that the  answer is "tangled" because  the situation is                                                               
tangled, and  there is not  one answer  to satisfy everyone.   He                                                               
added that  HB 163 is an  attempt to give DPS  receipt authority,                                                               
and DPS can work toward perfecting the process as it progresses.                                                                
4:26:43 PM                                                                                                                    
REPRESENTATIVE JOHNSON  relayed that she appreciates  the problem                                                               
and  the  attempt  to  solve the  problem  through  the  proposed                                                               
legislation.   She  said that  she recognizes  that Alaska  has a                                                               
shortage  of  troopers.    She  expressed  her  belief  that  the                                                               
proposed solution  does not fundamentally  "fit" the  problem and                                                               
creates  an "upside  down"  situation.   She  relayed that  local                                                               
government would be  asked to contract with DPS for  a trooper to                                                               
provide  police  services  and   then  would  oversee  the  state                                                               
REPRESENTATIVE JOHNSON  asked if  there are police  service areas                                                               
like there are road service areas and fire service areas.                                                                       
REPRESENTATIVE  BIRCH stated  that the  answer to  Representative                                                               
Johnson's question  is yes.  He  relayed that it takes  a vote of                                                               
the people  to have  a police service  area - the  same as  for a                                                               
water  service area,  a sewage  service area,  or a  fire service                                                               
area.   He asserted  that if  a location is  outside of  an area,                                                               
that means that the residents have  not voted to have the service                                                               
area.   He added that  historically the  void has been  filled by                                                               
the State  of Alaska,  which is  responsible for  the unorganized                                                               
boroughs and all the areas outside of service areas.                                                                            
COMMISSIONER  MONEGAN,  in  response to  Representative  Johnson,                                                               
relayed  that  troopers with  whom  a  community contracts  would                                                               
still answer  to trooper commanders,  enforce state law  and city                                                               
ordinances,  and through  the contract,  get  direction from  the                                                               
community  about  its concerns.    He  said  that DPS  would  use                                                               
retired  troopers  under  long-term,  non-permanent  ("non-perm")                                                               
positions for these contracts.                                                                                                  
REPRESENTATIVE  JOHNSON mentioned  that troopers  at the  trooper                                                               
post in  Palmer have worked  outside of their service  area under                                                               
an  agreement.   She stated  that  providing public  safety is  a                                                               
fundamental function  of state government;  if a location  is not                                                               
in a  public safety service  area, then it is  the responsibility                                                               
of the troopers  to provide services; and if a  city has a public                                                               
safety  service area,  then  they established  it  through a  tax                                                               
base.  She expressed her  concerns with the proposed legislation:                                                               
it   would  introduce   complicated   scenarios   of  the   state                                                               
contracting with  non-profits and tribal organizations;  it would                                                               
mix  requirements of  the state  with the  requirements of  other                                                               
entities; and it would be fraught with many other issues.                                                                       
4:31:47 PM                                                                                                                    
REPRESENTATIVE LEDOUX  asked why  any part  of a  municipality is                                                               
required to be in  a service area.  She stated  that she lives in                                                               
Muldoon and, therefore, must pay  for police protection from APD.                                                               
Hillside is  not part  of the  service area;  therefore, Hillside                                                               
residents do  not have  to pay  for police  protection by  way of                                                               
property  taxes.    She  asked   why,  if  Hillside  gets  police                                                               
protection  from the  state  troopers, she  must  pay for  police                                                               
protection, but Hillside residents do not.                                                                                      
REPRESENTATIVE  BIRCH responded  that  Anchorage  consisted of  a                                                               
city and  a borough,  and when they  were unified,  service areas                                                               
were identified.   Police and  fire services were  not area-wide;                                                               
schools  were  area-wide.    He stated  that  the  service  areas                                                               
represented  subsets of  the larger  municipality; service  areas                                                               
were established through an affirmative  vote by the municipality                                                               
annexing  an area  and  an  affirmative vote  by  the area  being                                                               
annexed; and a  tax was levied.  He said  that Girdwood residents                                                               
are not paying  for police services because they  are outside the                                                               
service area, and he mentioned  that he believes the service area                                                               
stops at Potter Marsh.  He  added that what is being discussed is                                                               
the state  highway from  Potter Marsh past  Girdwood to  its city                                                               
limits at Portage.  He said  that outside the service area, it is                                                               
the state's  responsibility to provide law  enforcement services.                                                               
He  maintained that  with  only  52 positions  filled  out of  76                                                               
funded DPS positions,  there is much money  available to reassign                                                               
to public safety for troopers.                                                                                                  
REPRESENTATIVE  LEDOUX   asserted  that  state   troopers  patrol                                                               
Hillside  without cost  to the  residents, because  the residents                                                               
have not voted for a police service area.                                                                                       
REPRESENTATIVE BIRCH  responded that  is incorrect.   Hillside is                                                               
in the  [APD] service  area; it  was added  many years  ago under                                                               
former Mayor [Rick] Mystrom.                                                                                                    
4:36:03 PM                                                                                                                    
REPRESENTATIVE JOHNSON  added that  residents of  the unorganized                                                               
borough  do not  pay taxes,  and they  receive trooper  services;                                                               
whereas,  another  area might  have  to  tax  itself to  pay  for                                                               
trooper services.  She said, "It's very mixed up here."                                                                         
4:36:38 PM                                                                                                                    
REPRESENTATIVE KNOPP  asked Commissioner Monegan if  the troopers                                                               
have  an obligation  for patrolling  federal  and state  highways                                                               
regardless of service areas.                                                                                                    
COMMISSIONER MONEGAN answered that  there are no federal highways                                                               
in  Alaska;  federal  highways   are  interstate  highways.    He                                                               
explained that  troopers have the  authority to patrol  state and                                                               
local  highways, and  it is  by agreement  with the  municipality                                                               
which areas are covered.                                                                                                        
REPRESENTATIVE KNOPP stated  that DPS has evolved  and grown over                                                               
time.  In the past  public safety predominantly addressed highway                                                               
corridors, but  currently it maintains  an investigative  unit, a                                                               
cold case unit, and other units.   He asked if the Girdwood issue                                                               
was  about providing  public safety  services  along the  highway                                                               
corridors or about the [special] units he just mentioned.                                                                       
COMMISSIONER  MONEGAN replied  that  was a  point of  contention:                                                               
Girdwood wanted  to contract  with DPS; the  DPS decided  that it                                                               
could  provide  the  services  for  $600,000;  but  the  Girdwood                                                               
[Valley Service  Area] Board of  Supervisors (GBOS) did  not want                                                               
the Girdwood  funded troopers to be  on the highway or  leave the                                                               
Girdwood  valley.   He said  that  was a  "deal-breaker" for  DPS                                                               
during negotiations even before DPS  determined it had no ability                                                               
to collect  funds from Girdwood for  the services.  He  said that                                                               
subsequently Girdwood got [MOA assembly]  approval to tax itself;                                                               
it has collected the tax; and  it has contracted with the City of                                                               
Whittier  [for  police services].    He  relayed that  there  are                                                               
ongoing  discussions between  APD and  the City  of Whittier,  as                                                               
well as, between APD and  the communities on the [Seward Highway]                                                               
to establish  a fee schedule.   He said that eventually  APD will                                                               
support Whittier (indisc.) for the major crimes.                                                                                
COMMISSIONER MONEGAN  asserted that  "all this was  really, truly                                                               
brought on" due to DPS staff  reduction.  He claimed that without                                                               
the reduction,  these issues  would not have  occurred.   He said                                                               
that DPS  has lost troopers  and VPSOs,  and it makes  more sense                                                               
for DPS  to provide the  rare services to  communities (indisc.--                                                               
4:41:27 PM                                                                                                                    
REPRESENTATIVE  WOOL expressed  his relief  that the  communities                                                               
that no longer  have troopers did not pay for  them through state                                                               
taxes.     He  mentioned  Commissioner  Monegan's   reference  to                                                               
"retired  or non-perm  officers"  being  employed under  contract                                                               
with DPS  to provide  services to an  area in need  of them.   He                                                               
asked if the  language in the proposed  legislation could include                                                               
"retired  officers".   He stated  that if  a retired  trooper was                                                               
providing public  safety services to a  community that contracted                                                               
with DPS for the services, then  his concern for losing a trooper                                                               
to a  community that is paying  would be alleviated.   He said he                                                               
did not know  the prevalence of retired officers  willing to work                                                               
on a contractual basis, and  possibly many would prefer that type                                                               
of work.   He  offered that  some of  the communities  wanting to                                                               
contract  for  police  services   just  want  a  [public  safety]                                                               
"presence."  He suggested that  there be language in the proposed                                                               
legislation  that  specifically  identified retired  or  non-perm                                                               
officers for fulfilling long-term  contracts.  He emphasized that                                                               
he is not referring to  short-term crisis management, like in the                                                               
Bethel situation.                                                                                                               
COMMISSIONER MONEGAN  responded that  in discussing  the proposed                                                               
legislation with  Colonel [James] Cockrell (Director,  AST, DPS),                                                               
Colonel  Cockrell   expressed  his   belief  that   the  proposed                                                               
legislation could  provide mentoring  for new  troopers; troopers                                                               
just  released  from training  would  benefit  from working  with                                                               
seasoned veterans of  AST.  He said that DPS  tries to afford the                                                               
"baby  troopers"  as  much  exposure  to  the  various  types  of                                                               
criminal investigations  and activities as possible  before being                                                               
transferred  to  a  remote  area.   He  contended  that  if  only                                                               
retirees  were considered  under the  proposed legislation,  then                                                               
DPS would lose the benefit of  retirees in other areas.  He said,                                                               
"We  would bring  on the  brand-new fellows  and gals  into these                                                               
contract  areas -  the long-term."   He  opined that  the use  of                                                               
retirees is best  decided internally by DPS.   He maintained that                                                               
the crux of  the proposed legislation is for DPS  to have receipt                                                               
authority and  enter into agreements  with entities that  wish to                                                               
contract for services,  and it is not about how  staffing will be                                                               
accomplished.    He mentioned  that  Nikiski  has approached  DPS                                                               
about contracting for additional troopers.                                                                                      
4:45:01 PM                                                                                                                    
CHAIR KREISS-TOMKINS  referred to page  2, lines 8-9,  of Version                                                               
D, and  said that  he has  a question  about the  language, which                                                               
proscribes the  ability for DPS  to contract with an  entity that                                                               
already has a police force.   He offered to discuss that question                                                               
out of committee meeting.                                                                                                       
REPRESENTATIVE BIRCH  referred to different contracting  agents -                                                               
armed  security in  federal buildings,  security at  the Port  of                                                               
Anchorage (POA), and  security in city buildings.   He asked what                                                               
experience DPS has in contracting  with qualified law enforcement                                                               
personnel who  are equivalent to  a full-fledged trooper  but are                                                               
at a "secondary level of law enforcement or security services."                                                                 
COMMISSIONER MONEGAN responded that  the personnel utilized under                                                               
the  proposed  legislation would  only  be  troopers or  "special                                                               
commissions."    He   said  that  the  troopers   that  would  be                                                               
considered  by DPS  would be  retired certified  police officers,                                                               
who  could  handle any  situation  in  the community,  just  like                                                               
troopers do.   He stated that security guards  and private police                                                               
are a different category and not what DPS would consider.                                                                       
CHAIR KREISS-TOMKINS announced that HB 163 would be held over.                                                                  

Document Name Date/Time Subjects
HB158 Fiscal Note ADM 4.2.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB158 Sponsor Statement 3.20.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB158 Supporting Document-Support Letters 3.20.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB0158.PDF HSTA 4/4/2017 3:00:00 PM
HB 158
CSHB 190 Explanation of Changes.pdf HSTA 4/4/2017 3:00:00 PM
HB 190
HB 190 Supporting docs.PDF HSTA 4/4/2017 3:00:00 PM
HB 190
CS HB 190 Version J.pdf HSTA 4/4/2017 3:00:00 PM
HB 190
HB163 Draft Proposed CS ver D 3.31.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 163
HB 165 Sponsor Statement 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Fiscal Note DOA-DOP 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 ver A 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Additional Document - Legislative Research Report 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Additional Document - NCSL Chart_Veteran Preference in State Hiring 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HJR03 Supporting Document - DOE Ballot Initiatives 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR03 Supporting Document - Alaska State Constitution Language 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR03 Sponsor Statement 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3 Fiscal Note Gov 4.2.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR03 ver A 02.02.17.PDF HSTA 4/4/2017 3:00:00 PM
HJR03 Supporting Document - NCSL Length of Sessions by State 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR03 Supporting Document - Leg Research Report 90 Day Limit 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM