02/01/2018 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB293 | |
| HJR29 | |
| HB293 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 293 | TELECONFERENCED | |
| += | HJR 29 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 1, 2018
3:09 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
MEMBERS ABSENT
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 293
"An Act relating to powers of the Alaska Police Standards
Council; and relating to background checks for admission to
police training programs and certification as a police officer."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 29
Urging the United States Congress to reauthorize the Secure
Rural Schools and Communities Self-Determination Act of 2000.
- MOVED CSHJR 29(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 293
SHORT TITLE: BACKGROUND CHECKS FOR POLICE & TRAINING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/18 (H) READ THE FIRST TIME - REFERRALS
01/19/18 (H) STA, JUD
01/30/18 (H) STA AT 3:00 PM GRUENBERG 120
01/30/18 (H) Heard & Held
01/30/18 (H) MINUTE(STA)
02/01/18 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HJR 29
SHORT TITLE: REAUTHORIZE SECURE RURAL SCHOOLS ACT
SPONSOR(s): RAUSCHER
01/19/18 (H) READ THE FIRST TIME - REFERRALS
01/19/18 (H) STA, JUD, FIN
01/30/18 (H) STA AT 3:00 PM GRUENBERG 120
01/30/18 (H) Heard & Held
01/30/18 (H) MINUTE(STA)
02/01/18 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
ROBERT GRIFFITHS, Executive Director
Alaska Police Standards Council (APSC)
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 293 and
presented his written responses to questions from the 1/30/18
committee hearing.
DARRELL BREESE, Staff
Representative George Rauscher
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
HJR 29 on behalf of Representative Rauscher, prime sponsor.
CLAY KOPLIN, Mayor
City of Cordova
Cordova, Alaska
POSITION STATEMENT: Testified in support of HJR 29.
KATHIE WASSERMAN, Executive Director
Alaska Municipal League (AML)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 29.
MARY WEGNER, PhD, Superintendent
Sitka Public Schools
Sitka, Alaska
POSITION STATEMENT: Testified in support of HJR 29.
WILLIAM MCKILLICAN, Chief
Hoonah Police Department (HPD)
City of Hoonah
Hoonah, Alaska
POSITION STATEMENT: Testified in support of HB 293.
ACTION NARRATIVE
3:09:11 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:09 p.m.
Representatives Tuck, Wool, Birch, Johnson, and Kreiss-Tomkins
were present at the call to order. Representatives LeDoux and
Knopp arrived as the meeting was in progress.
HB 293-BACKGROUND CHECKS FOR POLICE & TRAINING
3:10:17 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 293, "An Act relating to powers of the
Alaska Police Standards Council; and relating to background
checks for admission to police training programs and
certification as a police officer."
3:11:22 PM
ROBERT GRIFFITHS, Executive Director, Alaska Police Standards
Council (APSC), Department of Public Safety (DPS), on behalf of
the House Rules Committee, sponsor of HB 293, offered responses
to questions posed during the 1/30/18 House State Affairs
Standing Committee meeting. He referred to his 1/31/18 letter
to the chair and pointed out a chart and associated graph,
entitled "Alaska Police Officers Per Agency as of July 1,"
demonstrating the trends in the numbers of law enforcement
officers [from 2013 through 2017]. He mentioned that while the
number of law enforcement officers increased overall, that
increase was almost exclusively due to the increase in the size
of the Anchorage Police Department (APD). He offered that
removing APD from the numbers reveals a loss of 42 officers.
MR. GRIFFITHS referred to the question regarding the number of
village police officers (VPOs) in Alaska and responded that APSC
has record of 11 VPOs; the APSC knows there are many more who
are not reported to the council; and presumably background
checks are not performed for those officers.
MR. GRIFFITHS referred to the third question from the committee:
"Could a statutory change empower a municipality with the
authority to send fingerprints directly to DPS for a criminal
history background check?" He stated that under Title 29, the
municipalities already have that authority; however, the issue
is whether they have the resources to comply with state statute
for obtaining access to the information. He pointed out the
required steps on page 2 of the letter, under paragraph (3). He
relayed that for a small town, the task is daunting and costly.
He maintained that the proposal under HB 293 is to allow APSC to
facilitate the fingerprint-based background checks for these
agencies.
3:14:24 PM
The committee took an at-ease from 3:14 p.m. to 3:16 p.m.
3:15:56 PM
CHAIR KREISS-TOMKINS indicated that the committee would be
provided with Mr. Griffiths's letter and announced that HB 293
will be set aside.
[HB 293 was brought before the committee again following the
hearing on HJR 29.]
HJR 29-REAUTHORIZE SECURE RURAL SCHOOLS ACT
3:16:03 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE JOINT RESOLUTION NO. 29, Urging the United States
Congress to reauthorize the Secure Rural Schools and Communities
Self-Determination Act of 2000.
3:16:42 PM
DARRELL BREESE, Staff, Representative George Rauscher, Alaska
State Legislature, on behalf of Representative Rauscher, prime
sponsor of HJR 29, directed the committee members' attention to
the letters of support from the communities that would be
impacted by HJR 29, included in the committee packet,
3:17:19 PM
CHAIR KREISS-TOMKINS opened public testimony on HJR 29.
3:17:37 PM
CLAY KOPLIN, Mayor, City of Cordova, testified that the City of
Cordova is surrounded by the beautiful Chugach National Forest
(CNF). He said that while the forest provides world-class
subsistence and recreational opportunities for Cordova, there
are very limited economic opportunities. He maintained that the
community of Cordova invests heavily in its educational system,
which is nationally recognized at both the elementary and high
school levels; Cordova has funded its schools at the cap [state
limit on local contribution to school funding] for many years
until last year.
MR. KOPLIN relayed that as Cordova struggles to "make ends meet"
and to accommodate opportunities for business and new fisheries
by expanding the harbor and providing land and waterfront,
school funding has never been more important for the community,
and the [Secure Rural Schools (SRS)] Program has never been more
important. He expressed his appreciation for the proposed
resolution.
3:19:32 PM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League
(AML), testified that in her 15 years with AML, she has been
actively working on timber receipt for secure rural school
funding. She expressed her appreciation for the proposed
resolution and stated that she has encouraged legislators to
advocate for this issue for many years, knowing that the funding
would someday "dry up." She relayed that Southeast Alaska alone
has experienced a loss of almost $75 million per year because of
timber receipts and [stumpage] fees; for the CNF the loss is
over $2 million per year. These payments mostly contributed to
secure funding for rural schools. She reported that the [Secure
Rural Schools and Communities Self-Determination Act of 2000]
has been expired for two years; she has encouraged legislators
to realize that the expiration would be imminent; and now the
act needs to be reauthorized. She emphasized that more effort
is needed to advocate to Congress and urged the committee to
move the resolution out of committee.
3:22:39 PM
MARY WEGNER, PhD, Superintendent, Sitka Public Schools,
paraphrased from her written statement, which read as follows
[original punctuation provided]:
My name is Dr. Mary Wegner, and I am the
superintendent of the Sitka School District. I am
testifying today in support of HJR 29, Reauthorize
Secure Rural Schools Act.
Thank you for your consideration of advancing support
for the reauthorization of the Secure Rural Schools
and Community Self-Determination Act of 2000. Secure
Rural Schools funding is critically important to the
Sitka School District, as well as many other school
districts around Alaska. The Sitka School District
resides in the Sitka Borough of which 95% is comprised
of Tongass National Forest. Around Alaska local
municipalities have a limited ability to generate
local tax revenue to support schools and roads due to
the surrounding national forests, which is why it is
so imperative that this act is immediately
reauthorized and funded. The loss of Secure Rural
Schools funding places an onerous burden upon our
local citizenry, and federal assistance is appropriate
compensation for the surrounding federal land.
In your advocacy on behalf of the reauthorization of
Secure Rural Schools, please seek a long-term
reauthorization of the legislation, as failure to do
so has the potential to wreak long-term damage on
public education in Sitka and in communities across
the state and nation. The limits imposed by national
forests are a reality every year, which is why
authorization is critical every year. This issue is so
pressing to us in Sitka that on February 6, 2018 the
Sitka School Board passed a resolution in support of
HJR 29.
Having Secure Rural Schools funding as a revenue
source in the Sitka School District's FY19 budget
would greatly help to save teacher jobs. Providing an
excellent education to every student every day
requires quality teachers combined with a culturally
responsive learning environment with targeted
instruction to meet a student's individual learning
needs. All of which helps us to live the three
commitments of Alaska's Education Challenge, which are
increasing student success, cultivating safety and
well-being, and supporting responsible and reflective
learners. In Sitka we are facing a budget deficit that
is 12% of our total general fund budget, and we need
this federal funding to keep our talented teachers.
Thank you for taking my testimony, and thank you for
your commitment to public education in Alaska. I hope
you will urge the U.S. Congress to reauthorize the
Secure Rural Schools Act.
3:25:13 PM
CHAIR KREISS-TOMKINS closed public testimony on HJR 29.
3:25:36 PM
REPRESENTATIVE WOOL asked how the amounts of the payments [shown
in the documents included in the committee packet, entitled
"FFY16 SRS/NFR Payments Final (SFY 17)" and "FFY17 SRS/NFR
Payments (SFY18)"] were calculated.
MR. BREEZE replied that the amounts were based on the potential
impact to the population and loss of economic development
opportunity because of being surrounded by national forest;
Anchorage has room to expand, but a community such as Sitka,
surrounded totally by the Tongass National Forest (TNF), does
not have the opportunity for economic growth through expansion.
He explained that the calculations are complex and result from
"a lot of moving parts and levers" in the Act; the school
district population is a consideration as well.
3:27:07 PM
REPRESENTATIVE LEDOUX asked for information regarding the
politics behind failing to reauthorize the Act; she inquired
whether a bill was introduced [in Congress] to reauthorize it
and if so, the outcome of that bill.
MR. BREEZE answered that a bill was introduced prior to the
115th U.S. Congress [H.R. 2340 and S. 1027, copies included in
the committee packet]. He maintained that the reason it did not
pass and the politics behind its failure to pass is a question
for Congress.
REPRESENTATIVE LEDOUX stated that it expired in 2015 and asked
whether there was a bill [for reauthorization] introduced prior
to the expiration date.
MR. BREEZE replied, "There was."
REPRESENTATIVE LEDOUX asked, "Do you know who introduced it?"
MR. BREEZE responded that he would provide that information.
3:28:20 PM
REPRESENTATIVE WOOL moved to adopt Amendment 1, [labeled 30-
LS1116\A.1, Glover, 1/31/18], which read:
Page 2, line 25, following "United States;":
Insert "the Honorable Sonny Perdue, United States
Secretary of Agriculture;"
3:28:42 PM
The committee took a brief at-ease at 3:29 p.m.
3:29:19 PM
CHAIR KREISS-TOMKINS relayed that Amendment 1 recognizes that
the presiding agency for the U.S. Forest Service (USFS) is the
U.S. Department of Agriculture (USDA); the secretary of the USDA
will be added to the list of recipients of the resolution.
3:30:00 PM
CHAIR KREISS-TOMKINS objected to the proposed amendment for the
purpose of discussion.
REPRESENTATIVE JOHNSON asked whether HJR 29, if amended by the
House State Affairs Standing Committee, would be the committee's
resolution or remain Representative Rauscher's resolution.
CHAIR KREISS-TOMKINS confirmed that with the amendment, the
resolution would remain Representative Rauscher's resolution.
MR. BREEZE clarified that in that circumstance, the resolution
would become a committee substitute (CS) for HJR 29; however,
the resolution would still be Representative Rauscher's
resolution.
REPRESENTATIVE LEDOUX explained that when a bill is amended in
committee, the result is a CS, but the sponsor remains the same.
She said that a bill does not become a "committee bill" unless
introduced by the committee. She concluded by saying the
[amended resolution] would still be read as sponsored by
Representative Rauscher, and not be read as sponsored by the
House State Affairs Standing Committee.
3:31:56 PM
REPRESENTATIVE RAUSCHER stated that he supports Amendment 1.
CHAIR KREISS-TOMKINS removed his objection. There being no
further objection, Amendment 1 was adopted.
3:32:34 PM
REPRESENTATIVE BIRCH opined that HJR 29 is a good [resolution}.
3:32:40 PM
REPRESENTATIVE LEDOUX moved to report HJR 29, as amended, out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSHJR 29(STA) was
reported from the House State Affairs Standing Committee.
HB 293-BACKGROUND CHECKS FOR POLICE & TRAINING
3:33:10 PM
CHAIR KREISS-TOMKINS announced that as the final order of
business, the committee would once again consider HB 293, "An
Act relating to powers of the Alaska Police Standards Council;
and relating to background checks for admission to police
training programs and certification as a police officer."
3:33:45 PM
REPRESENTATIVE BIRCH, referring to the 1/31/18 letter from Mr.
Griffiths, included in the committee packet, thanked him for his
complete and thorough responses to the questions.
3:34:11 PM
REPRESENTATIVE KNOPP asked for clarification on what services
APSC provides.
3:34:38 PM
MR. GRIFFITHS explained that APSC: facilitates training;
regulates training; sets standards for training; certifies
trainers; and certifies training programs. He said that when
funding allows, APSC either sponsors training events or provides
funds for officers to attend. He relayed that APSC sets
standards, pursuant to the statutes, for the minimum
qualifications for police officers, correctional officers,
municipal correctional officers; and probation and parole
officers. He maintained that all these groups have standards
based on APSC requirements. In every one of those categories of
officers, the applicant must pass a fingerprint-based background
check to verify identity and to ensure there is no disqualifying
criminal convictions on his/her record. He added that those
disqualifiers are in regulation; for example, a felony
conviction in the past ten years would preclude one from
certification.
REPRESENTATIVE KNOPP asked Mr. Griffiths to comment on his
reference to APSC's involvement with trainee recruitment.
MR. GRIFFITHS responded that APSC supports recruitment of VPOs
and all police officers as part of its mission: all officer
vacancies are routinely posted on its website; APSC staff assist
with out-of-state inquiries for those positions; and APSC tries
to educate the officials of small communities about the process
of recruiting and vetting officer candidates.
REPRESENTATIVE KNOPP asked whether HB 293 would mandate
fingerprint and background checks for officer candidates.
MR. GRIFFITHS responded that APSC currently regards fingerprint
background checks of officer candidates to be a mandate;
however, there is lack of compliance with the regulation. He
said that under HB 293, the requirement for a fingerprint-based
background check for certification would be in statute rather
than regulation; it would be a mandate, but "no more real effect
than we currently have."
3:39:04 PM
REPRESENTATIVE KNOPP suggested that for a community with VPOs,
under the proposed legislation, if it chooses not to background
check officers, it could be left with no officers at all.
MR. GRIFFITHS opined that the possibility of that happening
would be no greater under the proposed legislation; villages are
routinely recruiting, hiring, and retaining officers without
certifying them and without notifying APSC; it is a risk they
have chosen to take.
3:40:40 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 293.
3:41:01 PM
WILLIAM MCKILLICAN, Chief of Police and Director of Public
Safety, City of Hoonah, testified that he has been a police
officer for 17 years in various positions and all over the
state. He stated that the APSC has set, produced, and
maintained the highest achievable standards of performance for
the state's law enforcement professionals. It determines
certification and training eligibilities and in some cases
revokes certifications because of misconduct. It develops,
monitors, and revises training and training requirements and
continually monitors compliance with current regulation and
legislation. He said that APSC has assisted agencies across
Alaska with obtaining pre-employment polygraphs and
psychological testing for officer candidates; it has funded
specialized and advanced training for departments; and it has
assisted academies and departments with funding to meet basic
training requirements.
MR. MCKILLICAN continued by saying that in Hoonah, a rural
community off the road system with just over 800 permanent
residents, there is not an officer employed, past or present,
who has not benefited in some way from what APSC offers. He
said that more importantly, it is the state's citizens who see
the most benefit of producing some of the finest law enforcement
professionals in the nation.
MR. MCKILLICAN stated that the state's budget shortfalls have
had a grave impact on the small communities of Alaska; he has
seen local funding resources dwindle to the point where he has
been forced to reduce staffing and service levels; and just
being able to maintain the department's necessary equipment and
vehicles has been a leadership challenge. He offered that with
these challenges, there has been no reduction in state standards
and requirements for the law enforcement agencies. Like all law
enforcement agencies, the Hoonah Department of Public Safety
(DPS) is required to maintain access to and clearance for the
Alaska Public Safety Information Network (APSIN) and the
National Criminal Information Center (NCIC) to access
information such as criminal history, driving history, wants and
warrants, and to submit fingerprints for prospective officer
background checks. He maintained that these systems provide
critical information to assist in investigations, alerts for
dangerous weather in the field, and information for background
checks on potential officers.
3:44:42 PM
MR. MCKILLICAN relayed that for agencies in medium or large
cities and communities, these tasks do not present the
challenges that they present for small communities like Hoonah.
He said that annual fees, computers, software, network
connectivity, monthly reporting requirements, and internet
connections force him to make decisions that increase risk and
liability. Because of reduced staffing levels and retention
challenges, maintaining these systems in Hoonah has been
difficult; sending staff out of town to fulfill training
requirements to assume terminal agency coordinator (TAC) duties
and responsibilities is an additional, burdensome expense. He
reported that last year the Hoonah DPS experienced the loss not
only of its TAC, but its APSIN coordinator as well. For many
years the experience and knowledge of the coordinator kept the
system running, and for the past 12 months, the department has
struggled to replace the [TAC] and provide the necessary
training for staff to maintain the APSIN and NCIC standards.
MR. MCKILLICAN relayed that APSC provides standards on vetting
potential officer hires and recruits who pay their own ways to
the academies. He stated that he believes that APSC should be
granted access to APSIN and NCIC systems to conduct background
checks and to ensure the state maintains the highest, yet
achievable, standards. The ability for agencies to be able to
rely on APSC for assistance for these functions would be an
enormous benefit to agencies like Hoonah. He said that as chief
of police in a rural community, he strongly supports the
legislation; it would allow APSC to provide critical support to
rural justice initiatives and the governor's public safety
action plan.
3:47:09 PM
REPRESENTATIVE BIRCH referred to the chart from the 1/31/18
letter and asked for confirmation that Hoonah has an APSC
certified staff of four down from the 2015 level of five.
MR. MCKILLICAN said, "That is correct."
REPRESENTATIVE BIRCH asked whether Hoonah could take and
transfer fingerprints using an iPhone.
MR. MCKILLICAN answered that his department can take
fingerprints currently; it has always met the standard put forth
by the state and by APSC. He said that his greatest challenge
at this point is the choice he must make for the next hire -
whether to meet the requirements under the proposed legislation
or to have the department take on the liability and not report
to APSC. He maintained that the latter is the last thing that
he wants to do.
3:49:57 PM
CHAIR KREISS-TOMKINS closed public testimony on HB 293.
CHAIR KREISS-TOMKINS announced HB 293 would be held over.
3:50:16 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:50
p.m.