03/15/2022 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB298 | |
| HB256 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 298 | TELECONFERENCED | |
| += | HB 256 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 15, 2022
8:03 a.m.
MEMBERS PRESENT
Representative Sara Hannan, Co-Chair
Representative Calvin Schrage, Co-Chair
Representative Josiah Patkotak, Vice Chair
Representative Harriet Drummond
Representative Mike Prax
Representative Ken McCarty
Representative Kevin McCabe
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 298
"An Act establishing the Alaska Food Strategy Task Force; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 256
"An Act relating to the Alaska Police Standards Council;
relating to municipal correctional officers and municipal
correctional employees; making municipal police officers subject
to police standards; requiring the Department of Public Safety
to submit a yearly use-of-force report to the legislature;
requiring a municipality that employs a person as a municipal
police officer or in a municipal correctional facility, the
Department of Corrections, or the Department of Public Safety to
report to the Federal Bureau of Investigation incidents of use
of force by state and municipal police, probation, parole, and
correctional officers and municipal correctional facility
employees; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 298
SHORT TITLE: ALASKA FOOD STRATEGY TASK FORCE
SPONSOR(s): REPRESENTATIVE(s) SNYDER
02/04/22 (H) READ THE FIRST TIME - REFERRALS
02/04/22 (H) CRA
03/15/22 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 256
SHORT TITLE: LAW ENFORCEMENT: REGISTRY; USE OF FORCE
SPONSOR(s): REPRESENTATIVE(s) TARR
01/18/22 (H) PREFILE RELEASED 1/7/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) CRA, STA, FIN
03/08/22 (H) CRA AT 8:00 AM BARNES 124
03/08/22 (H) Heard & Held
03/08/22 (H) MINUTE(CRA)
03/15/22 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE LIZ SNYDER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 298.
ARIELLE WIGGIN, Staff
Representative Liz Snyder
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 298
on behalf of Representative Snyder, prime sponsor.
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, offered an explanation of
changes in the proposed committee substitute for HB 256 and
answered questions.
KELLY HOWELL, Special Assistant to the Commissioner; Legislative
Liaison
Office of the Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
256.
KELLY GOODE, Deputy Commissioner
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Offered information and answers to
questions during the hearing on HB 256.
DON ETHERIDGE, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 256.
CRYSTAL BERWICK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 256.
ACTION NARRATIVE
8:03:48 AM
CO-CHAIR SARA HANNAN called the House Community and Regional
Affairs Standing Committee meeting to order at 8:03 a.m.
Representatives McCabe, Prax, Patkotak, Drummond, Schrage, and
Hannan were present at the call to order. Representative
McCarty arrived as the meeting was in progress.
HB 298-ALASKA FOOD STRATEGY TASK FORCE
8:04:38 AM
CO-CHAIR HANNAN announced that the first order of business would
be HOUSE BILL NO. 298, An Act establishing the Alaska Food
Strategy Task Force; and providing for an effective date."
8:05:10 AM
REPRESENTATIVE LIZ SNYDER, Alaska State Legislature, as prime
sponsor, presented HB 298. She shared her interest in the issue
of food security. She talked about the unique challenges in
Alaska, which imports approximately 95 percent of its commercial
food at a cost of about $2 billion annually. She said Alaska
has the resources to grow its food-related sectors and move
toward self-reliance. She said HB 298 would establish an Alaska
Food Strategy Task Force that would present state policy,
legislation, and implementation strategy recommendations in six
integrated focus areas: 1) sustainably growing the agriculture
industry; 2) sustainably growing markets for locally grown,
locally harvested, and locally processed foods; 3) enhancing the
climate for food and beverage businesses; 4) minimizing food
waste and diverting it from the waste stream; 5) improving
connectivity, efficiencies, and outcomes in state-run programs
affecting food availability and access; and 6) ensuring food
security in rural and urban communities. She relayed that HB
298 was created in collaboration with stakeholders such as the
Alaska Food Policy Council, the Alaska Farm Bureau, and the Food
Bank of Alaska, whose feedback has been incorporated in the bill
language. She spoke about the makeup of the Food Policy
Council. She asked for support for the proposed legislation.
8:13:20 AM
ARIELLE WIGGIN, Staff, Representative Liz Snyder, Alaska State
Legislature, presented the sectional analysis for HB 298
[available in the committee packet] on behalf of Representative
Snyder, prime sponsor.
8:16:02 AM
REPRESENTATIVE SNYDER, in response to Representative McCabe,
reviewed the makeup of the council. In response to a follow-up
question, she noted that the council not only makes policy but
also does fiscal sponsorship for other organizations, hosts a
semi-annual conference, and engages in "a variety of other food-
focused projects."
REPRESENTATIVE MCCABE expressed concern that the issue of
transportation has not been addressed.
REPRESENTATIVE SNYDER responded that she agrees on the need to
address infrastructure, and she said she would welcome an
amendment to that effect.
8:20:53 AM
CO-CHAIR HANNAN recommended including logistics in an amendment
addressing transportation.
8:21:24 AM
REPRESENTATIVE SNYDER, in response to Representative Prax, noted
that in the committee packet, there is a letter of support from
the Alaska Food Policy Council; the current members are listed
in the lefthand column. In response to a follow-up question,
she talked about the length of term of two years for the task
force. She mentioned the Food Security and Independence Task
Force created by the governor under Administrative Order 331,
whose final report will be due September 2022. She said HB 298
would expand the range of expertise provided under the
governor's taskforce, including focus on infrastructure,
workforce development, agriculture, food waste, urban and rural
issues, and improving efficiencies between government agencies.
8:27:18 AM
REPRESENTATIVE MCCARTY suggested sharing use of large facilities
already in existence.
REPRESENTATIVE SNYDER, in response to a question from
Representative McCarty, said all the governing board members are
volunteers; in the last year they have hired a part-time
executive director. In response to further query, she indicated
that response to recommendations of the task force can be from a
combination of the legislature and non-legislative entities.
She talked about fostering a healthy business environment so
that those who want to support the local food economy can do so.
8:31:29 AM
REPRESENTATIVE DRUMMOND agreed about the importance of
addressing transportation. She said she is glad to see the
Commissioner of the Department of Education and Early Childhood
Development will have a designee. She concurred with the idea
of utilizing storage facilities already in existence.
8:34:22 AM
REPRESENTATIVE SNYDER, in response to Representative Prax, said
she anticipated that the members of the task force would
appreciate the importance of having infrastructure and a
centralized database. She said she would welcome additional
language in the bill to support this topic. In response to a
follow-up question, she said her 10 years' experience working
with stakeholders on food security issues has shown there is no
lack of enthusiasm for the issue. She said she thinks those
legislators serving on the tax force may be able to designate
funds at their discretion, and there is a zero fiscal note from
the Legislative Affairs Agency. She indicated support from the
administration.
8:38:23 AM
REPRESENTATIVE SNYDER, in response to Co-Chair Hannan, said it
may be true for many, but not all, on the task force that they
work in industries that would support their involvement on the
task force.
8:39:18 AM
REPRESENTATIVE DRUMMOND directed attention to language on page
2, lines 5-11, which read:
(2) four members of the Alaska State
Legislature appointed as follows:
(A) two members from the senate,
appointed jointly by the president of the
senate and speaker of the house of
representatives;
(B) two members from the house of
representatives, appointed jointly by the
president of the senate and speaker of the
house of representatives;
(C) at least one member from the
minority caucus of the senate or house of
representatives.
REPRESENTATIVE DRUMMOND noted that subparagraph (C) is written
in a way that indicates a fifth legislative member, and she
recommended the language be amended.
REPRESENTATIVE SNYDER agreed the language was unclear.
8:40:50 AM
REPRESENTATIVE MCCARTY pointed out that potentially there are
three task forces: the Food Policy Council, the governor's task
force, and the task force proposed under HB 298. He questioned
how this might be streamlined to avoid the duplication of
efforts and suggested a member of the other task forces could
also serve on the one proposed under HB 298.
REPRESENTATIVE SNYDER responded that she does not think it
"fair" to call the Food Policy Council a task force, and HB 298
proposes a narrow focus on "developing a statewide food
strategy." She also noted that the proposed task force would
pick up from where the administrative task force ends. The work
could overlap, and that could be adjusted, she concluded.
8:43:42 AM
REPRESENTATIVE PATKOTAK said he would entertain the idea of
putting money "behind this" so as not to "hamstring the process
right out of the gate." He directed attention to language on
page 2, lines 29-30, which read:
(8) two members from Alaska Native or
intertribal organizations addressing 30 food
sovereignty or Alaska tribal governments;
REPRESENTATIVE PATKOTAK asked the bill sponsor to speak to that
language.
REPRESENTATIVE SNYDER replied that HB 298 was written with
feedback from the Alaska Food Policy Council, including
conversation with those members of the council that represent
organizations with relationships with tribal governments and
tribal organizations focused on rural areas of the state. She
said she tried to be responsive to their input to ensure broad
representation on the proposed task force.
REPRESENTATIVE PATKOTAK noted that he had recently addressed the
Alaska Eskimo Whaling Commission. He said food sovereignty and
food access come under the umbrella of food security, and he
indicated that he may offer an amendment relating to
consideration of a member of the commission sitting on the
proposed task force.
[HB 298 was held over.]
HB 256-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
8:46:43 AM
CO-CHAIR HANNAN announced that the final of business would be
HOUSE BILL NO. 256, "An Act relating to the Alaska Police
Standards Council; relating to municipal correctional officers
and municipal correctional employees; making municipal police
officers subject to police standards; requiring the Department
of Public Safety to submit a yearly use-of-force report to the
legislature; requiring a municipality that employs a person as a
municipal police officer or in a municipal correctional
facility, the Department of Corrections, or the Department of
Public Safety to report to the Federal Bureau of Investigation
incidents of use of force by state and municipal police,
probation, parole, and correctional officers and municipal
correctional facility employees; and providing for an effective
date."
8:47:05 AM
CO-CHAIR SCHRAGE moved to adopt the proposed committee
substitute (CS) for HB 256, Version 32-LS1341\B,
Ambrose/Radford, 3/11/22, as a working document.
CO-CHAIR HANNAN objected for the purpose of discussion.
8:47:33 AM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, as prime
sponsor, addressed the changes to HB 256 proposed in the
committee substitute, as outlined in the explanation of changes
[included in the committee packet], which read as follows
[original punctuation provided]:
Explanation of Changes
CS for HB 256 Ver: 32-LS1341\B
Following feedback from our partners, we have included
several changes to HB 256:
? Section 7 in Version 32-LS1341\A, referring to DOC
reporting use of force from probation officers, parole
officers, or correctional officers to the FBI, is
removed. All subsequent sections are renumbered in
Version B.
? Section 8*: References to village public safety
officers and regional public safety officers are
removed.
? Section 9*: A reference to the Department of
Corrections is removed.
? Section 12*: Increases the one-year compliance
timeline to two years in order to allow for more
training academy cycles.
? Section 13*: References to the Department of
Corrections and correctional facilities are removed.
REPRESENTATIVE TARR mentioned the term "law enforcement official
killed and assaulted" (LEOKA).
8:49:57 AM
REPRESENTATIVE TARR, in response to Representative Patkotak,
reviewed that the Federal Bureau of Investigation (FBI) recently
began collecting "use of force" data and has asked states to
submit information. The proposed legislation would bring Alaska
in line with that process. She explained the reason some law
enforcement was removed in Version B is because under LEOKA, law
enforcement must have full arrest powers.
8:52:03 AM
REPRESENTATIVE MCCARTY directed attention to the term "prepared
to use deadly force", on page 1, line 13, and he recalled it was
suggested that as soon as the officer puts on the belt, he/she
is prepared. He questioned the ambiguity of that phrase.
REPRESENTATIVE TARR deferred to Kelly Howell.
8:54:12 AM
KELLY HOWELL, Special Assistant to the Commissioner; Legislative
Liaison, Office of the Commission, Department of Public Safety,
noted that the bill language points to the definition of deadly
force under AS 11.81.900(b)(16), and that statute gives
examples. She pointed to where HB 256 references the statute,
on page 3, line 1. In response to a follow-up question, she
offered her understanding that information compiled would be
added to overall aggregate data regarding use of force among law
enforcement professionals.
8:57:11 AM
REPRESENTATIVE DRUMMOND highlighted use of "against a person"
following "prepared to use deadly force" and said she didn't
think putting on a holster before leaving home equals intent to
use deadly force against a person at that point.
8:58:00 AM
REPRESENTATIVE MCCABE talked about "color codes" related to
carrying a weapon. He opined that a cop is always prepared to
use deadly force. He maintained that the question is different
and appears not to include the use of a taser, for example.
8:59:30 AM
MS. HOWELL clarified that which would be reported under the FBI
database. She said the use of force data collection program
collects information related to where a fatality occurs, there
is serious bodily injury, or in the absence of both those
when a firearm is discharged by an officer "at or in the
direction of a person." Further, there is a definition of
"serious bodily injury," which is under U.S. Code. She stated
that in context with HB 256, the mention of deadly force in
Section 1 is in relation to a law enforcement officer reporting
to a supervisor when the officer has observed another officer
using or preparing to use deadly force against a person, "and
then there's the information that's required to be reported out
to the FBI for the use of force date collection effort." In
response to a clarification of the question, she said there is a
definition of "dangerous instrument" in statute, and she offered
his understanding that "use of force" includes using a taser
against someone.
9:02:14 AM
REPRESENTATIVE PATKOTAK asked Ms. Howell to speak to Section 5
as it relates to Village Public Safety Officers (VPSOs).
MS. HOWELL offered her understanding that the language to which
Representative Patkotak referred was a conforming amendment
based on what is being added in Section 1 related to training.
She said HB 256 would complement other bills currently
circulating to address the issue of VPSOs because it refers back
to the training standards under the Alaska Police Standards
Council (APSC).
9:04:06 AM
CO-CHAIR HANNAN removed her objection to the motion to adopt the
proposed committee substitute (CS) for HB 256, Version 32-
LS1341\B, Ambrose/Radford, 3/11/22, as a working document.
There being no further objection, Version B was before the
committee.
9:04:50 AM
REPRESENTATIVE TARR, in response to a question from
Representative Patkotak regarding municipal correction employees
and mandates that they shall meet certain requirements, directed
attention to page 4, to language regarding transition
employment, and she mentioned the academy where municipal
officers can receive training and the change from one year to
two in order to give two full academy cycles to get all
employees certified. This works out so that there is no fiscal
note.
9:07:37 AM
KELLY GOODE, Deputy Commissioner, Department of Corrections,
highlighted the use of the word "shall" and said the mandate
"will have small implications," because the majority of
communities currently have municipal officers attending the
academy, including those in the North Slope Bureau. In response
to a question from Co-Chair Hannan, she identified the two
municipalities whose officers who currently get training, but
not at the academy, as Bristol Bay and Craig, Alaska.
9:08:46 AM
MS. GOODE, in response to Representative Prax, confirmed there
are no new training requirements, just that they get the
training of 120 hours, and the fiscal note will remain at zero.
In response to a follow-up question, she explained that these
communities get funding from the state for their jails, and they
already have to train. She reiterated that the training dollars
would be used for the academy. The department does not
anticipate it will be a hardship for any of the communities.
REPRESENTATIVE TARR, in response to another question from
Representative Prax as to whether the same would apply to
municipal police departments that may not run a jail, stated
that "all of the individuals would already be required to go
through the academy for certification" prior to being able to
serve, and that would not change. To another question, she
explained that there are seven bills that are part of a package
from Senator Gray-Jackson, and Representative Tarr said she
created companion bills. She advised that HB 256 is limited to
use of force reporting.
9:14:19 AM
CO-CHAIR HANNAN opened public testimony on HB 256, Version B.
9:14:52 AM
DON ETHERIDGE, representing self, testified that the various
pieces of related legislation are tying the hands of law
enforcement officers rather than giving them more strength to
put those in jail that are breaking the law. He talked about
the numerous robberies in his neighborhood prior to a volunteer
neighborhood patrol. He encouraged giving support to law
enforcement, not giving them more paperwork and regulations.
9:19:14 AM
REPRESENTATIVE DRUMMOND spoke about her experience with a
neighborhood watch.
MR. ETHERIDGE shared his methods for watching his neighborhood.
9:23:03 AM
CRYSTAL BERWICK, representing self, testified in support of HB
256, stating that she is disturbed that "this is not already
done." She expressed the need for consistent policies and the
importance of recording use of force.
9:25:00 AM
CO-CHAIR HANNAN, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 256, Version B.
9:25:20 AM
REPRESENTATIVE PRAX suggested that it would be good to have
input from local police agencies regarding HB 256, as well as to
identify "more specific problems, targets, that we're trying to
resolve."
9:25:59 AM
REPRESENTATIVE MCCARTY concurred. He said this situation is not
unique to Alaska. He spoke about reporting requirements
preventing law enforcement officers from being able to be out
patrolling. He talked about "community patrols" keeping
communities safe. He expressed appreciation for the
neighborhood watch in his own neighborhood.
9:28:57 AM
CO-CHAIR HANNAN announced that HB 256 was held over.
[The committee discussed the issue of notification and advanced
notice for bill hearings.]
9:36:53 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:37 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 298 APIA Support Letter.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 298 |
| HB 298 Sponsor Statement 2.7.2022.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 298 |
| HB 298 Sectional Analysis Version A 2.7.022.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 298 |
| HB 298 Testimony -- Recieved as of 3.8.2022.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 298 |
| HB 298 Ver. A.PDF |
HCRA 3/15/2022 8:00:00 AM |
HB 298 |
| HB 256 Fiscal Note 1 DPS.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB 256 Fiscal Note 2 DPS.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB 256 Letters of Support.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB 256 Sectional Analysis.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB 256 Sponsor Statement.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 256 |
| HB 256 Supporting Documents.pdf |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB 256 Version A.PDF |
HCRA 3/15/2022 8:00:00 AM |
HB 256 |
| HB298 Fiscal Note LEG-COU-03-14-22.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 298 |
| CSHB 256 Version B 3.11.22.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 256 |
| HB 256 Version B Summary of Changes 3.11.22.pdf |
HCRA 3/15/2022 8:00:00 AM HCRA 3/17/2022 8:00:00 AM |
HB 256 |