Legislature(2021 - 2022)BUTROVICH 205

05/10/2021 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 11 COMMUNITY PROPERTY TRUSTS TELECONFERENCED
Moved CSSB 11(JUD) Out of Committee
+ SB 7 STATE TROOPER POLICIES: PUBLIC ACCESS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 31 PROHIBITING BINDING CAUCUSES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 109 EXTEND BAR ASS'N BOARD OF GOVERNORS TELECONFERENCED
<Bill Hearing Canceled>
+= SJR 6 CONST. AM: PERM FUND & PFDS TELECONFERENCED
<Bill Hearing Canceled>
<Bill Hearing Rescheduled from 05/07/2021>
**Streamed live on AKL.tv**
                     ALASKA STATE LEGISLATURE                                                                                 
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                           May 10, 2021                                                                                         
                            1:32 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Roger Holland, Chair                                                                                                    
Senator Mike Shower, Vice Chair                                                                                                 
Senator Shelley Hughes                                                                                                          
Senator Robert Myers                                                                                                            
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 11                                                                                                              
"An Act relating to community property and to community property                                                                
trusts; and providing for an effective date."                                                                                   
                                                                                                                                
     - MOVED CSSB 11(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 31                                                                                                              
"An Act relating to binding votes by or for a legislator under                                                                  
the Legislative Ethics Act."                                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 7                                                                                                               
"An Act requiring the Department of Public Safety to publish                                                                    
certain policies and procedures on the department's Internet                                                                    
website."                                                                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 109                                                                                                              
"An Act extending the termination date of the Board of Governors                                                                
of the Alaska Bar Association; and providing for an effective                                                                   
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
SENATE JOINT RESOLUTION NO. 6                                                                                                   
"An Act extending the termination date of the Board of Governors                                                                
of the Alaska Bar Association; and providing for an effective                                                                   
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 11                                                                                                                   
SHORT TITLE: COMMUNITY PROPERTY TRUSTS                                                                                          
SPONSOR(s): SENATOR(s) BEGICH                                                                                                   
                                                                                                                                
01/22/21       (S)        PREFILE RELEASED 1/8/21                                                                               

01/22/21 (S) READ THE FIRST TIME - REFERRALS

01/22/21 (S) L&C, JUD 03/10/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 03/10/21 (S) -- MEETING CANCELED -- 03/12/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 03/12/21 (S) Heard & Held 03/12/21 (S) MINUTE(L&C) 03/19/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 03/19/21 (S) Moved SB 11 Out of Committee 03/19/21 (S) MINUTE(L&C) 03/22/21 (S) L&C RPT 4DP 03/22/21 (S) DP: COSTELLO, GRAY-JACKSON, STEVENS, HOLLAND 05/05/21 (S) JUD AT 1:30 PM BUTROVICH 205 05/05/21 (S) Heard & Held 05/05/21 (S) MINUTE(JUD) 05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205 BILL: SB 7 SHORT TITLE: STATE TROOPER POLICIES: PUBLIC ACCESS SPONSOR(s): SENATOR(s) GRAY-JACKSON

01/22/21 (S) PREFILE RELEASED 1/8/21

01/22/21 (S) READ THE FIRST TIME - REFERRALS

01/22/21 (S) STA, JUD 03/04/21 (S) STA AT 3:30 PM BUTROVICH 205 03/04/21 (S) Heard & Held 03/04/21 (S) MINUTE(STA) 03/11/21 (S) STA AT 3:30 PM BUTROVICH 205 03/11/21 (S) Heard & Held 03/11/21 (S) MINUTE(STA) 04/22/21 (S) STA AT 3:30 PM BUTROVICH 205 04/22/21 (S) Moved SB 7 Out of Committee 04/22/21 (S) MINUTE(STA) 04/23/21 (S) STA RPT 3NR 1AM 04/23/21 (S) NR: SHOWER, HOLLAND, COSTELLO 04/23/21 (S) AM: KAWASAKI 05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205 BILL: SB 31 SHORT TITLE: PROHIBITING BINDING CAUCUSES SPONSOR(s): SENATOR(s) SHOWER

01/25/21 (S) PREFILE RELEASED 1/8/21

01/25/21 (S) READ THE FIRST TIME - REFERRALS

01/25/21 (S) STA, JUD 03/18/21 (S) STA AT 3:30 PM BUTROVICH 205 03/18/21 (S) Heard & Held 03/18/21 (S) MINUTE(STA) 05/04/21 (S) STA AT 3:30 PM BUTROVICH 205 05/04/21 (S) Moved CSSB 31(STA) Out of Committee 05/04/21 (S) MINUTE(STA) 05/07/21 (S) STA RPT CS 2DP 2NR 1AM SAME TITLE 05/07/21 (S) DP: SHOWER, REINBOLD 05/07/21 (S) NR: COSTELLO, HOLLAND 05/07/21 (S) AM: KAWASAKI 05/10/21 (S) JUD AT 1:30 PM BUTROVICH 205 WITNESS REGISTER SENATOR TOM BEGICH Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of SB 11. MATTHEW BLATTMACHR, Attorney; President & Chief Executive Officer Peak Trust Company Anchorage, Alaska POSITION STATEMENT: Answered questions during the hearing on SB 11. KEITH BAUGUESS, Staff Senator Gray-Jackson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided the Sectional Analysis for SB 7. ERIC OLSEN, Lieutenant Alaska State Troopers Department of Public Safety (DPS) Anchorage, Alaska POSITION STATEMENT: Answered questions during the hearing on SB 7. ACTION NARRATIVE 1:32:13 PM CHAIR ROGER HOLLAND called the Senate Judiciary Standing Committee meeting to order at 1:32 p.m. Present at the call to order were Senators Myers, Hughes, Shower, Kiehl, and Chair Holland. SB 11-COMMUNITY PROPERTY TRUSTS 1:32:50 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 11, "An Act relating to community property and to community property trusts; and providing for an effective date." [SB 11 was heard on 5/5/21; public testimony was opened and closed. This is the second hearing on the bill.] 1:33:11 PM SENATOR KIEHL moved to adopt Amendment 1, [work order 32- LS0132\I.1]: 32-LS0132\I.1 Bannister 5/8/21 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR KIEHL TO: SB 11 Page 2, line 2: Delete "(1)" Page 2, lines 3 - 4: Delete "; or (2) a right accrued before the effective date of sec. 1 of this Act" CHAIR HOLLAND objected for discussion purposes. 1:33:22 PM SENATOR KIEHL explained that Amendment 1 would remove one-half of the savings clause. As previously discussed in committee and with the sponsor, this amendment will achieve the sponsor's intent. This will retroactively bring the bill back to the first community property trust. It will not create any unintended consequences related to property rights accrued because Alaska does not have any community property rights. CHAIR HOLLAND removed his objection. 1:34:44 PM SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska, speaking as sponsor of SB 11, summarized that the bill will clarify 1998 language that created community property trust options. A recent court decision created ambiguity in the law. This law intended that appreciation would be considered in the value of the community property trust. Amendment 1 is consistent with that interpretation of the law. No rights would have accrued prior to 1998 because Alaska did not have community property law. He offered his support for Amendment 1. SENATOR HUGHES asked Mr. Blattmachr to speak to Amendment 1. 1:36:12 PM MATTHEW BLATTMACHR, Attorney; President & Chief Executive Officer, Peak Trust Company, Anchorage, Alaska, responded that he reviewed Amendment 1 with the bill drafters. No one has any concerns, he said. He stated Amendment 1 will provide additional clarity in terms of community property rights. 1:36:55 PM SENATOR SHOWER asked for clarification on the fiscal note. SENATOR BEGICH explained that there is no fiscal note because SB 11 does not impact the state. SB 11 provides clarifying language to a statute that has been in effect for 22 years. There will be a zero fiscal note, he added. CHAIR HOLLAND asked if there were any further comments or objections. There being no further objection, Amendment 1 was adopted. 1:38:11 PM SENATOR SHOWER moved to report SB 11, Version I, as amended, from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 11 (JUD) was reported from the Senate Judiciary Standing Committee. 1:38:36 PM At ease SB 31-PROHIBITING BINDING CAUCUSES 1:40:05 PM CHAIR HOLLAND reconvened the meeting and announced the consideration of SENATE BILL NO. 31, "An Act relating to binding votes by or for a legislator under the Legislative Ethics Act." [CSSB 31(STA) was before the committee. This is the first hearing on the bill.] 1:40:49 PM SENATOR SHOWER, speaking as sponsor, paraphrased the sponsor statement: SB 31 addresses the ethics statute and bans the practice commonly known as a "binding caucus." The tradition of the binding caucus in the Alaska State Legislature has been used to suppress the voice of the people, the use of coercion and enticements to manipulate the actions and votes of their elected Representative or Senator. The caucuses are formed with the enticement of perks of being a majority member, including but not limited to influence within the organization, chairmanships of important committees, better office space, more staff to help you be effective. All of these are not nefarious on their face, but as applied in the binding caucus, they are exchanged for the participating Representative(s) or Senator(s) vote on key issues such as the budget. 1:41:57 PM AS 24.60.039(g)(1) "Caucus" means a group of legislators that share a political philosophy or have a common goal or who organize as a group. Ultimately it is a caucus of ideas. Because it does not state the use of coercion or enticements are not prohibited should not be misconstrued that it is permissible, especially since these two activities are prohibited for private citizens under Alaska criminal statutes. 1:42:23 PM SENATOR SHOWER continued to paraphrase the sponsor statement: Where the nefarious intent creeps in is the quid-pro- quo required to join the club. In exchange for the "enticement" of the associated perks, under a binding caucus, a legislator is expected to blindly vote for a budget before it exists and has never seen that a small group of "leadership" members supports. It has also been used as an arbitrary tool for supporting any floor vote the presiding officer decides is a "procedural vote." SENATOR SHOWER related his own experience with binding caucus requirements. 1:44:25 PM Control of legislators through a binding caucus consolidates power into a tiny group of legislators, those in leadership, the presiding officer, the majority leader, the rules chair, the finance co- chairs. When a caucus member capitulates to the pressure, their constituents are compromised. When a caucus member is "disciplined," it also disenfranchises that elected official that the voters put into the majority party. 1:45:40 PM This practice is only accepted in the State of Alaska. The sponsor contacted a Senator from 49 other states, and all but one stated they do not use or permit the practice of a binding caucus in their state. SENATOR SHOWER related several scenarios from other states. 1:48:11 PM Public pressure has forced the Senate to not organize under the binding caucus. It's time to codify this unethical practice of forcing legislators to vote against their conscience, and ultimately their constituents. If the 49 other states in the union can do business without a binding caucus and coercion to pass legislation, Alaska can too. 1:48:19 PM SENATOR SHOWER offered his view that the rest of the country operates without binding caucuses so he believes it will work here. 1:49:10 PM SENATOR SHOWER provided the sectional analysis for SB 31. He read: Section 1; Adds the definition of a "caucus" and "legislative body" to the guidelines of the open meetings Act under the legislatures ethics code. Section 2; Creates the ethics violation of binding another legislator to commit their vote on any matter that may come before the legislature. Clarifies that voting for selecting an officer or leader of a legislative body is an allowable practice. It also clarifies that running an informal poll, aka as a "chit sheet," is an allowable practice. 1:49:40 PM SENATOR KIEHL stated that forming minority and majority caucuses also will determine staff levels. He asked if it is ethical to form caucuses if members are disenfranchised. SENATOR SHOWER pointed out the caucus of the whole includes everyone. He acknowledged that members in the majority have control, that the legislature has had a majority and minority, which are formed by ideology rather than by party. This system has worked. However, Alaska has an extra, binding rule. He offered his view that using the binding rule to punish legislators over a vote is not how the power structure has been used. He agreed it could be argued that minority members are disenfranchised but they are not punished. He said the goal is to avoid the ability to influence someone's vote. SENATOR HUGHES said that what occurred actually gave majority members fewer committee assignments. It eliminated their access to legal advice from majority staff, including access to oil and gas staff expertise, and a voice at the table since members were ignored. She agreed that staff assignments relate to committee assignments. However, minority members were listened to, had the freedom to vote and had more resources. She offered her belief that the retribution went beyond the basics given to minority members. 1:54:16 PM CHAIR HOLLAND offered his view that the public sends a majority to the legislature through their collective votes. The majority controls the body, organizes the body as opposed to the binding caucus exerting control over its members. 1:54:54 PM SENATOR SHOWER added that he is not concerned about the broader power structure the legislature uses via Uniform Rules and Mason's Manual. However, he witnessed power being wielded by a very small group who used it to coerce others by requiring a binding vote. He said the Senate leadership told members on July 29, 2019 that voting against the caucus would result in them being stripped of their committee chair and committee membership. He said the legislature should not require representatives of the people to vote against the will of their constituencies. 1:56:25 PM SENATOR KIEHL offered his view that the system he described was a parliamentary system. Voters elect individuals to represent them. He said he appreciated the sponsor's description of how the legislature organizes. If a legislator does not agree with the philosophy or organizing principles, the person will be treated as the sponsor suggested. It has happened that it sometimes puts the person in a group that it is less than 25 percent of the body. If so, under the Uniform Rules, it would affect the legislator's staffing, office space and privileges, he said. Those legislators would not have access to Legislative Legal Services, and their own oil and gas person, but he did not think of it as coercion. 1:58:04 PM SENATOR MYERS referred to the bill. He related his understanding that a legislator may not commit or bind another legislator to vote. He suggested this language will leave the possibility of offering perks such as additional staff or a bigger office. However, it does not affect legislators during organizing the legislature. He asked if the sponsor would like to add language to address that timeframe. SENATOR SHOWER said he did not wish to expand the bill to take on the whole structure. He did not have any issue with leadership roles or committee chair agreements. He said his issue was the binding caucus. He was not sure how to address organizing principles in this bill. He pointed out that it is a felony to bribe a politician to vote in a certain way, although that is effectively what happened. He said that there is nothing wrong with procedural votes, but he is opposed to them being wielded as political weapons. 2:01:45 PM SENATOR KIEHL said he is not a fan of binding caucuses, that he did not join one. He said that each presiding officer polls its members to determine if the legislature should call itself into special session. He asked if this informal poll was covered in the bill. SENATOR SHOWER responded that polling or informal discussions were acceptable since it allows leadership to obtain a sense of support similar to a legislator using a chit sheet to assess support for a bill. He said that since it would not affect someone's vote on the floor, it was irrelevant. He maintained his concern about binding caucus actions. 2:04:03 PM SENATOR KIEHL asked how to make this effective and prevent a situation in which members in a caucus meeting are told that this is a key vote. For example, leadership could take an informal poll and watch to see who votes against it. SENATOR SHOWER responded that some states indicated they have a binding rule on procedural votes but none included budget votes as procedural ones. He envisioned the speaker or president might not like the vote but they cannot take away a legislator's chairmanship or staff. 2:06:50 PM SENATOR KIEHL said he just got lost. If a presiding officer or leadership team develops a reputation for taking some action, everyone will know that something will be done afterwards. SENATOR SHOWER said the difference is the binding rule. He was unsure how to intervene in politics. 2:08:14 PM SENATOR MYERS recalled debating the Open Meetings Act by adding in a penalty provision. He wondered who will enforce SB 11 without a penalty provision in the bill. SENATOR SHOWER answered that if the statutes codified that binding rules were prohibited, it would give the legislator standing to sue. He suggested it was possible to change the Uniform Rules. Currently, there is not any recourse, he said. He said he would like to keep the bill simple. SB 11 would make it illegal. He said that he is open to suggestions. 2:10:38 PM SENATOR HUGHES referred to language on line 8 that states that a legislator "may not commit." She said legislators may go to town halls and inform constituents how they will vote on an issue. She asked whether "commit" should be defined. She wondered if it could be problematic, even in debate on the floor. SENATOR SHOWER answered that this language will specifically limit the restrictions to legislators and would not pertain to constituents. 2:12:44 PM SENATOR HUGHES suggested that the omission of commas may take care of the concern. She suggested that Legislative Legal Services could clarify if this language could be interpreted in another way. SENATOR SHOWER stated his intent for the bill was to address the binding caucus that allows legislators to punish other legislators. 2:14:14 PM CHAIR HOLLAND held SB 31 in committee. SB 7-STATE TROOPER POLICIES: PUBLIC ACCESS 2:14:26 PM CHAIR HOLLAND reconvened the meeting announced the consideration of SENATE BILL NO. 7 "An Act requiring the Department of Public Safety to publish certain policies and procedures on the department's Internet website." 2:14:55 PM SENATOR ELVI GRAY-JACKSON read the sponsor statement: First, I would like to thank the hard-working men and women peace officers and office staff who provide the services that protect lives and welfare of the people within Alaska's communities. Thank you all for your service. The recent casualties surrounding civilians has drawn even greater attention to issues around policing and police to community relationships. This moment seems to have created real momentum to address one of the longest standing injustices in society. During last summer and into the Fall, my office - along with Senator Begich's office - worked together to develop a series of bills. These bills were drafted by Legislative Legal as a bill packet that our offices refer to as TPIP- Turning Pain into Progress. TPIP was crafted after the national 8 Can't Wait campaign which is eight specific policies that have been proven, with data, to reduce police violence by as much as 72 percent, when implemented. I recognize that the national campaign can't and shouldn't be applied to a place as unique as Alaska. Therefore, I spent a great deal of time talking to stakeholders and gaining input throughout the process of drafting these bills to ensure that the proposal would be fitting for Alaska. I am pleased to say that I have engaged public safety agencies to include the Anchorage Police Department, Anchorage Police Employees Association, Public Safety Employees Association, and the National Organization of Black Law Enforcement Executives during the process. Because of my proactive approach, I am confident in moving forward with the implementation of public safety policy changes that will benefit both the citizens of Alaska and our law enforcement officers. 2:16:56 PM SB7 "An Act requiring the Department of Public Safety to publish certain policies and procedures on the department's Internet website." This bill would require that the Department of Public Safety publish on their website the department's current policies and procedures related to the conduct of peace officers employed or regulated by the department. The duty of the Department of Public Safety is to ensure public safety within our communities and, as such, the public must be able to easily access the current policies and procedures that requires peace officers regulated by the department to adhere to. 2:17:27 PM KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State Legislature, Juneau, Alaska, read the sectional analysis on behalf of the sponsor: Section 1: Amends AS 44.441.020 to add the Department of Public Safety shall publish on their website the current policies and procedures related to the conduct of peace officers employed or regulated by the department. 2:18:15 PM SENATOR MYERS stated that this bill would not only affect the conduct of peace officers employed by the Department of Public Safety (DPS) but also peace officers regulated by the department. He asked if this would impact any departments outside the state, such as municipalities or Village Public Safety Officers. SENATOR GRAY-JACKSON answered yes. She said DPS and the Anchorage Police Department post their policies on their websites. She said the goal is to have all agencies post their current polices on their websites. 2:18:54 PM SENATOR MYERS related his understanding that DPS would need to publish the policies of other law enforcement agencies on its website, such as the Anchorage Police Department (APD). SENATOR GRAY-JACKSON answered that she was not certain since APD already posts its policies on its website. 2:19:26 PM SENATOR MYERS referred to page 1, lines 5 to 7 of SB 7, which read, "The Department of Public Safety shall publish on the department's Internet website the department's current policies and procedures related to the conduct of peace officers employed or regulated by the department." Thus, if DPS is in charge of regulating another agency, it would need to publish that department's policies and procedures to its website. SENATOR GRAY-JACKSON pointed out that the Alaska Police Standards Council (APSC) regulates peace officers throughout the state. 2:20:10 PM SENATOR HUGHES referred to the language in the bill that read, "the department's current policies and procedures related to the conduct of peace officers." She said she did not interpret this to mean that the department would post policies and procedures from other police departments throughout state. She stated that there are about 35 police departments in the state. Instead, this refers to DPS's own policies and procedures related to conduct, which would likely be APSC's policies and procedures. SENATOR GRAY-JACKSON agreed that was her understanding. 2:21:10 PM SENATOR HUGHES asked for the number of pages in DPS policies and procedures. 2:21:45 PM SENATOR SHOWER asked for clarification. He recalled hearing the bill in the State Affairs Committee. During the debate there was general agreement that publishing police policies and procedures (P&Ps) on "use of force" online could reduce tension. 2:23:24 PM ERIC OLSEN, Lieutenant, Alaska State Troopers, Department of Public Safety (DPS), Anchorage, Alaska, stated that the department does not have any issues with posting its own policies on DPS's website. DPS currently posts its standards of conduct for DPS's personnel on its website. However, the department is not in charge of publishing other law enforcement agencies' policies and procedures. 2:24:07 PM SENATOR SHOWER related his understanding that SB 7 would not require DPS to publish for all. LIEUTENANT OLSEN responded that he could not speak for the Department of Law, but he personally does not interpret it to mean it was inclusive of other agencies. 2:24:56 PM SENATOR HUGHES related her understanding that DPS is already posting its policies and procedures on DPS's website so the bill would not currently change anything but it would place it in statute for future departments to consider. LIEUTENANT OLSEN answered yes. 2:25:28 PM SENATOR SHOWER clarified that the department does not post everything in its manual. Thus, this is not all encompassing, since some tactics, techniques and procedures are not posted. He recalled that DPS indicated there is a clear boundary of what is posted. LIEUTENANT OLSEN agreed that certain portions of the department's policies and procedures are not published but the majority is posted. He was uncertain which chapters of the Operating Procedures Manual (OPM) were not posted. The department does not publish its policies on use of force. 2:26:37 PM SENATOR KIEHL said he thought the bill was a good step forward. He surmised that the sponsor's intent is not to publish DPS's detailed investigation, interrogation, or other tactical rules on the department's website. He asked how far the phrase "conduct of peace officers" goes. SENATOR GRAY-JACKSON said that SB 46 covers police use of force. SENATOR KIEHL stated that the Juneau Police Department (JPD) publishes its use of force policy online. Lieutenant Olsen said that the Alaska State Troopers does not publish their use of force policy online. He asked if the sponsor's intent is to have the use of force policies posted online. SENATOR GRAY-JACKSON answered yes. 2:28:23 PM SENATOR HUGHES asked if the committee needs a legal opinion on whether the language includes posting the use of force policies and procedures since DPS does not interpret the bill to include it. SENATOR GRAY-JACKSON agreed that Legislative Legal Services could explain the language. She explained she introduced another bill, SB 46, to address use of force. 2:29:24 PM CHAIR HOLLAND related his understanding that SB 46 does not address publishing information on internet websites. SENATOR GRAY-JACKSON said that bill would require reporting use of force instances. 2:29:58 PM SENATOR MYERS pointed out there is a difference between the use of force incidents, which is addressed in SB 46, and use of force policies in SB 7. He suggested an amendment might be needed to make that more explicit. SENATOR GRAY-JACKSON deferred to DPS as to whether the department includes its use of force statistics in its policies. 2:30:44 PM LIEUTENANT OLSEN responded that Chapter 107, related to the use of force is published on the department's website. CHAIR HOLLAND asked if that resolved the questions. SENATOR SHOWER stated that all these questions relate to the department not posting more sensitive information on its website. It's important to give criminals access to some information. He recalled testimony given before the Senate State Affairs Committee indicated the department was comfortable with the language with the caveat that DPS could decide which information would be posted. The department felt it might reduce tension for the public. 2:32:18 PM SENATOR HUGHES suggested a legal opinion might be necessary. The current commissioner has chosen to post the policies and procedures related to conduct but has also chosen to post use of force. It is important to know if the bill will require the department to list its policies on "use of force" since a new commissioner could decide not to do so. 2:33:05 PM SENATOR GRAY-JACKSON related her understanding that the department said its policies include use of force. CHAIR HOLLAND related his understanding that use of force was related to policies for officer conduct. 2:33:36 PM SENATOR HUGHES maintained her interest in knowing if the bill covers use of force and policies and procedures. 2:34:16 PM SENATOR GRAY-JACKSON stated that the purpose of bringing SB 7 forward is to ensure the information will be posted in the event a police chief decided not to do so. 2:34:41 PM SENATOR HUGHES asked DPS to address whether the use of force is separate from the policies and procedures (P&P) related to APSC. 2:35:10 PM LIEUTENANT OLSEN explained that the Alaska Police Standards Council (APSC) regulates the officers not law enforcement agencies. He reiterated that DPS publishes the majority of its policy and procedures manual online, including Chapter 101 and 107, which relate to the use of force. SENATOR HUGHES asked if both chapters would need to be posted under the bill. LIEUTENANT OLSEN deferred to DPS's commissioner and to the Department of Law to further respond. SENATOR HUGHES said it was important to know the definitive answer. CHAIR HOLLAND agreed to research this and report back to the committee. CHAIR HOLLAND held SB 7 in committee. 2:37:48 PM There being no further business to come before the committee, Chair Holland adjourned the Senate Judiciary Standing Committee meeting at 2:37 p.m.

Document Name Date/Time Subjects
SB 11 Legal Memo.pdf SJUD 5/10/2021 1:30:00 PM
SB 11