Legislature(2023 - 2024)SENATE FINANCE 532

02/08/2023 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 25 REPEALING FUNDS, ACCOUNTS, AND PROGRAMS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
+ SB 38 INTERFERENCE WITH EMERGENCY SERVICES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
Bills Previously Heard/Scheduled
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 8, 2023                                                                                           
                         9:02 a.m.                                                                                              
                                                                                                                                
9:02:24 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Olson  called the Senate Finance  Committee meeting                                                                    
to order at 9:02 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Donny Olson, Co-Chair                                                                                                   
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator  James Kaufman,  Sponsor; Matthew  Harvey, Staff  to                                                                    
Senator  Kaufman;  Alexei   Painter,  Director,  Legislative                                                                    
Finance Division;  Jasmin Martin,  Staff to  Senator Wilson;                                                                    
James Cockrell,  Commissioner, Department of  Public Safety;                                                                    
Rob  Carpenter,  Deputy  Director, Division  of  Legislative                                                                    
Finance.                                                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Joel  Butcher, Association  of Public  Safety Communications                                                                    
Officials.                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 25     REPEALING FUNDS, ACCOUNTS, AND PROGRAMS                                                                               
                                                                                                                                
          SB 25 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 38     INTERFERENCE WITH EMERGENCY SERVICES                                                                                  
          SB 38 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
Co-Chair Olson discussed the agenda. He explained that the                                                                      
decision to hear the legislation did not indicate the                                                                           
intent of the chair to move the legislation.                                                                                    
                                                                                                                                
SENATE BILL NO. 25                                                                                                            
                                                                                                                                
     "An Act relating to inactive  state accounts and funds;                                                                    
     relating  to   the  curriculum  improvement   and  best                                                                    
     practices  fund; relating  to the  fuel emergency  fund                                                                    
     and  fuel emergency  grants;  relating  to the  special                                                                    
     Alaska   Historical    Commission   receipts   account;                                                                    
     relating  to the  rural electrification  revolving loan                                                                    
     fund  and   loans  from  the  fund;   relating  to  the                                                                    
     Southeast  energy fund  and grants  from the  fund; and                                                                    
     relating to  the Exxon Valdez oil  spill unincorporated                                                                    
     rural community grant fund and grants from the fund."                                                                      
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson read the short title of the bill.                                                                                
                                                                                                                                
9:04:20 AM                                                                                                                    
                                                                                                                                
SENATOR JAMES KAUFMAN, SPONSOR, read from the Sponsor                                                                           
Statement (copy on file):                                                                                                       
                                                                                                                                
     SB  25, in  its current  form, is  intended to  improve                                                                    
     performance   by  reducing   administrative  cost   and                                                                    
     complexity associated with  of maintenance and tracking                                                                    
     of accounts  that are  no longer  needed but  are still                                                                    
     open.                                                                                                                      
                                                                                                                                
     The state  of Alaska  at various times  creates special                                                                    
     accounts  to   receive  and  hold  money   for  certain                                                                    
     purposes,  but over  time some  of  those funds  become                                                                    
     dormant and are no longer needed.                                                                                          
                                                                                                                                
     This can  include filled funds that  are not supporting                                                                    
     active programs,  empty funds  that are  not supporting                                                                    
     active programs and funds held in trust.                                                                                   
                                                                                                                                
     Reducing  the  administrative   burden  of  maintaining                                                                    
     unneeded  funds  is a  prime  example  of the  type  of                                                                    
     incremental  continuous improvement  that is  needed as                                                                    
     Alaska  faces  new  fiscal challenges.  Alongside  this                                                                    
     important reduction,  SB 25  creates a  simple feedback                                                                    
     loop which provides  decision-makers with the necessary                                                                    
     tools to reduce other funds as recommended.                                                                                
                                                                                                                                
     To find candidates for this  reduction, we performed an                                                                    
     initial screening  for inactive  funds. This led  to an                                                                    
     analysis of  the financial and  statutory basis  for 39                                                                    
     existing funds.  The analysis and  deliberative process                                                                    
     revealed six funds  which are no longer  needed for the                                                                    
     originally  intended  purpose   and  can  therefore  be                                                                    
     closed.  Any  proceeds can  then  be  forwarded to  the                                                                    
     Unrestricted General Fund. The  specific funds for this                                                                    
     action are listed below:                                                                                                   
                                                                                                                                
             AS 41.35.380  Alaska Historical Commission                                                                         
          Receipts Account                                                                                                      
          • AS 26.23.400  Fuel Emergency Fund                                                                                   
          • AS 44.33.115        Exxon Valdez Oil Spill                                                                          
         Unincorporated Rural Community Grant Fund                                                                              
          • AS 42.45.020  Rural Electrification Revolving                                                                       
          Loan Fund                                                                                                             
          • AS 42.45.040  Southeast Energy Fund                                                                                 
          • AS 14.07.182  Curriculum Improvement and Best                                                                       
          Practices Fund                                                                                                        
                                                                                                                                
9:07:08 AM                                                                                                                    
                                                                                                                                
MATTHEW HARVEY, STAFF TO SENATOR KAUFMAN, addressed a                                                                           
Sectional Analysis (copy on file):                                                                                              
                                                                                                                                
     Section 1:                                                                                                                 
     Amends  AS  24.20.020  to add  a  requirement  for  the                                                                    
     Legislative  Finance Division  to conduct  a review  of                                                                    
     inactive state  accounts and funds at  the beginning of                                                                    
     each  new  legislature  and  to  submit  an  electronic                                                                    
     report   including   recommendations  regarding   which                                                                    
     inactive state  accounts and funds should  be repealed.                                                                    
     The  report  distribution  list  is  included  in  this                                                                    
     section.                                                                                                                   
                                                                                                                                
     Section 2:                                                                                                                 
     Adds a new subsection to  AS 37.07.020 stating that the                                                                    
     governor may act upon  the Legislative Finance Division                                                                    
     report in Section 1 of  SB 25 by submitting legislation                                                                    
     in accordance with the report.                                                                                             
     Section 3:                                                                                                                 
     Repeals the statutory authority for the following                                                                          
     funds not supporting current or active programs.                                                                           
     • AS 14.07.182      Curriculum Improvement and Best                                                                        
     Practices Fund                                                                                                             
     • AS 26.23.400  Fuel Emergency Fund                                                                                        
     • AS 41.35.380  Alaska Historical Commission Receipts                                                                      
     Account                                                                                                                    
     • AS 42.45.020  Rural Electrification Revolving Loan                                                                       
     Fund                                                                                                                       
     • AS 42.45.040  Southeast Energy Fund                                                                                      
     • AS 44.33.115  Exxon Valdez Oil Spill Unincorporated                                                                      
     Rural Community Grant Fund                                                                                                 
                                                                                                                                
9:08:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  mentioned the re-establishment  of account                                                                    
balances  through  the  reverse   sweep,  which  was  common                                                                    
practice  in previous  years. He  pointed  out that  certain                                                                    
funds listed  were holding accounts.  He thought  that there                                                                    
was  sometimes   a  political  endeavor  to   do  an  energy                                                                    
enhancement   capital   investment   and   the   statutorily                                                                    
established  energy  funds  were used  to  make  enhancement                                                                    
equitable throughout  the state.  He used  the example  of a                                                                    
new dam or power line  extension. He shared concern that the                                                                    
proposed policy  could inadvertently  put rural Alaska  at a                                                                    
disadvantage.                                                                                                                   
                                                                                                                                
Co-Chair  Olson   shared  Co-Chair  Stedman's   concern  and                                                                    
mentioned funds  that had been  used in the past  to provide                                                                    
energy to areas not on the Railbelt.                                                                                            
                                                                                                                                
9:11:01 AM                                                                                                                    
                                                                                                                                
Senator Kaufman relayed  that the intent of the  bill was to                                                                    
reduce funds that  were not needed. He  explained that there                                                                    
had  been a  long  list  that had  been  worked through.  He                                                                    
highlighted  that  the initial  piece  of  the bill  was  to                                                                    
comprise  a  list  of  funds  for  review  and  then  delete                                                                    
accounts that  were not  needed or  no longer  required. The                                                                    
impetus for  the bill  had come from  a discussion  with the                                                                    
Office of Management and Budget.                                                                                                
                                                                                                                                
Co-Chair Olson  thought Senator Kaufman  was not  opposed to                                                                    
adding to or taking away from the funds previously listed.                                                                      
                                                                                                                                
Senator Kaufman answered affirmatively.                                                                                         
9:12:46 AM                                                                                                                    
                                                                                                                                
Senator Wilson  asked whether the  sponsor knew  the amounts                                                                    
sitting in  each of  the funds  and how  long the  funds had                                                                    
been active.                                                                                                                    
                                                                                                                                
Senator  Kaufman stated  that  of the  accounts listed,  the                                                                    
Fuel Emergency Fund had $22,523.74.                                                                                             
                                                                                                                                
Co-Chair  Olson  asked about  the  amounts  of other  listed                                                                    
funds.                                                                                                                          
                                                                                                                                
9:13:40 AM                                                                                                                    
                                                                                                                                
Senator  Kaufman did  not recall  the entire  list. He  said                                                                    
that work had  been done to determine the 6  funds listed in                                                                    
Section 3.                                                                                                                      
                                                                                                                                
Co-Chair Olson asked  whether there were any of  the 6 funds                                                                    
listed that had significant balances.                                                                                           
                                                                                                                                
Senator Kaufman  replied that  the most  significant balance                                                                    
had been in the Fuel Emergency Fund.                                                                                            
                                                                                                                                
9:14:17 AM                                                                                                                    
                                                                                                                                
Senator Wilson  asked whether there was  a certain criterion                                                                    
as  to how  long the  funds were  inactive before  they were                                                                    
removed.                                                                                                                        
                                                                                                                                
Senator  Kaufman  relayed  that  that detail  had  not  been                                                                    
established. He  thought it would  be difficult to  create a                                                                    
useful criterion,  the funds would be  reviewed to determine                                                                    
whether they were necessary.                                                                                                    
                                                                                                                                
9:14:56 AM                                                                                                                    
                                                                                                                                
Senator Kiehl  had a question  about the bill  structure. He                                                                    
thought  the bill  suggested  that  the Legislative  Finance                                                                    
Division  (LFD)  make  recommendations  to  the  legislature                                                                    
about funds to  delete. He noted that LFD  did not generally                                                                    
provide opinions  to the  committee as  a rule.  He wondered                                                                    
whether there  was criterion  that LFD  should use  in their                                                                    
recommendations to the committee.                                                                                               
                                                                                                                                
Senator Kaufman said  that the funds that  had been selected                                                                    
by  the  assessment  had been  determined  to  be  obviously                                                                    
unnecessary.  He  said  that  there  had  been  a  range  of                                                                    
reasons.   He   thought   that  LFD   would   be   providing                                                                    
observations about the funds and not an opinion.                                                                                
                                                                                                                                
9:16:43 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  expressed concern about the  potential for                                                                    
inequity and energy projects being  concentrated in one area                                                                    
of the state to the detriment  of another.  He mentioned the                                                                    
Power Cost Equalization fund. He  thought that the inability                                                                    
to protect the funds from  the sweep would prove problematic                                                                    
in the future.                                                                                                                  
                                                                                                                                
Senator Kaufman  reiterated that  the list  was a  result of                                                                    
the  assessment,  and  he would  welcome  any  additions  or                                                                    
deletions. He  stated that  the bill  would create  a review                                                                    
cycle to delete unnecessary  accounts. He described the bill                                                                    
as a bookkeeping and cleanup tool.                                                                                              
                                                                                                                                
9:19:09 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman agreed  with the  concept proposed  in the                                                                    
bill.  He  addressed  the  Fuel  Emergency  Fund,  which  he                                                                    
considered to  be a "tool in  the toolbox," that may  not be                                                                    
utilized for several  years but would still  be important to                                                                    
fund  emergencies  in  rural   communities.  He  echoed  the                                                                    
concerns expressed by Co-Chair Stedman and Co-Chair Olson.                                                                      
                                                                                                                                
Senator Kaufman  relayed that  the bill  had started  with a                                                                    
long  list, and  after  review  had been  paired  down to  6                                                                    
funds. He  suggested that any  amendments that  came forward                                                                    
would be welcome.                                                                                                               
                                                                                                                                
9:21:34 AM                                                                                                                    
                                                                                                                                
Senator  Merrick  wanted  to hear  from  LFD.  She  wondered                                                                    
whether  there was  another account  where  the funds  could                                                                    
reside that would serve the same purpose.                                                                                       
                                                                                                                                
Co-Chair Olson  added that LFD  would be called up  later in                                                                    
the meeting.                                                                                                                    
                                                                                                                                
9:22:08 AM                                                                                                                    
                                                                                                                                
Senator  Kaufman  thanked  the  committee  for  hearing  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
9:22:43 AM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,  DIRECTOR,  LEGISLATIVE  FINANCE  DIVISION,                                                                    
relayed that he would address  some questions. He cited that                                                                    
the Fuel Emergency  Fund had not been used  since 2000, when                                                                    
the Disaster Relief Fund statute  had been modified to allow                                                                    
for    fuel   emergencies.    He    mentioned   the    Rural                                                                    
Electrification   Revolving  Loan   Fund,  which   had  been                                                                    
supplanted by  the Electrical Service Extension  Fund in the                                                                    
1990s. He  said that  the use  of that  fund since  then had                                                                    
been to  repay past  loans, which had  all been  settled. He                                                                    
mentioned the  Southeast Energy  fund, which  was originally                                                                    
capitalized  as  part  of  the Four  Dam  Pool  project.  He                                                                    
continued that the  PCE statute had been amended  in 1999 to                                                                    
divert the revenue into the PCE fund.                                                                                           
                                                                                                                                
Mr. Painter continued to address  the genesis of some of the                                                                    
funds listed, noting that he had  once worked at OMB and was                                                                    
aware of  the funds. He  said that  one of the  criteria had                                                                    
been  to  seek out  funds  that  had  no source  of  ongoing                                                                    
revenue.  He noted  that there  were still  repayments being                                                                    
made decades  after the genesis  of some funds,  which meant                                                                    
that the  funds could  not be repealed  even after  they had                                                                    
been  rendered obsolete.  He thought  the funds  listed were                                                                    
identified  as  having  no ongoing  source  of  revenue,  no                                                                    
current  program,  or  likely   future  program  that  would                                                                    
recreate them.  He supposed that a  committee or legislature                                                                    
could add money to a  fund outside of the original statutory                                                                    
revenue flow, but they would be subject to the CBR sweep.                                                                       
                                                                                                                                
9:26:42 AM                                                                                                                    
                                                                                                                                
Senator Wilson  asked whether  there was  a time  frame that                                                                    
Mr. Painter recommended for deletion of funds.                                                                                  
                                                                                                                                
Mr. Painter was  not sure that there was a  single answer to                                                                    
Senator  Wilson's  question,  but   rather  LFD  would  work                                                                    
towards determining  whether there was any  ongoing activity                                                                    
in the fund  or prospect for replenishment.  He thought that                                                                    
there  could be  funds  that were  created by  appropriation                                                                    
that the legislature could want to fund again.                                                                                  
                                                                                                                                
9:27:53 AM                                                                                                                    
                                                                                                                                
Senator  Bishop asked  whether the  Exxon  Valdez Oil  Spill                                                                    
Unincorporated   Rural  Community   Grant  Fund   was  fully                                                                    
expended.                                                                                                                       
                                                                                                                                
Mr. Painter  replied in the  affirmative. He  explained that                                                                    
there had  been two  funds related to  the spill:  the civil                                                                    
fund,  which  was still  active,  and  the fund  related  to                                                                    
criminal  penalties, which  was used  to pay  unincorporated                                                                    
communities  impacted  by  the   spill  and  was  completely                                                                    
granted out.                                                                                                                    
                                                                                                                                
9:28:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   asked  whether   Mr.  Painter   had  any                                                                    
recommendations  for a  similar fund  to use  as a   parking                                                                    
garage for funds to assure equity in energy projects.                                                                           
                                                                                                                                
Mr. Painter thought  one option would be to amend  a fund to                                                                    
create  a new  source of  revenue. He  stated that  if there                                                                    
were investment in  a new project a portion  of that revenue                                                                    
could be  diverted in the  spirit of equity.  Another option                                                                    
would  be  to  put  the funds  in  a  non-sweepable  account                                                                    
without a  designed purpose, but  there was a risk  that the                                                                    
funds   could  be   unavailable  from   year  to   year.  He                                                                    
recommended  statute modification  in regard  to maintaining                                                                    
statewide energy equity.                                                                                                        
                                                                                                                                
9:30:46 AM                                                                                                                    
                                                                                                                                
Co-Chair   Olson  thought   it   was  unusual   to  have   a                                                                    
recommendation  from  LFD  regarding  the  funds.  He  asked                                                                    
whether his  concern was misplaced.  He thought  Mr. Painter                                                                    
had institutional knowledge, which  added to his credibility                                                                    
on the matter.                                                                                                                  
                                                                                                                                
Mr. Painter  clarified that  he worked for  OMB in  2020 and                                                                    
not when the  funds were created. He  mentioned the Indirect                                                                    
Expenditure  Report, which  gave  the division  the duty  to                                                                    
make  recommendations on  indirect expenditures  and whether                                                                    
they should  be repealed.  He thought  that the  idea behind                                                                    
the legislation could fall under that purview.                                                                                  
                                                                                                                                
Co-Chair  Olson asked  whether Mr.  Painter was  comfortable                                                                    
with the duty.                                                                                                                  
                                                                                                                                
Mr. Painter replied that LFD  was not comfortable making any                                                                    
kind of  policy recommendation. He described  that reviewing                                                                    
the  funds was  something that  the division  could do  in a                                                                    
limited  fashion,   only  looking  at  whether   items  were                                                                    
following legislative intent. He  thought that the divisions                                                                    
scope would  be limited and  would be conservative  in their                                                                    
determinations in order to maintain a non-partisan stance.                                                                      
                                                                                                                                
9:33:21 AM                                                                                                                    
                                                                                                                                
Senator  Merrick  asked  what determined  which  funds  were                                                                    
sweepable,  and  whether the  list  of  sweepable funds  was                                                                    
subject to change.                                                                                                              
                                                                                                                                
Mr. Painter  relayed that the statute  that determined which                                                                    
funds  were sweepable  had been  deemed unconstitutional  in                                                                    
the 1990s. Since that time,  the matter has been interpreted                                                                    
and  executed  by  the  administration.  He  said  that  the                                                                    
interpretation of  sweepability of funds had  changed as new                                                                    
legal  opinions had  been  penned as  there  was no  current                                                                    
statute.                                                                                                                        
                                                                                                                                
9:34:28 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson  asked whether Mr. Painter  wanted to address                                                                    
the fiscal note.                                                                                                                
                                                                                                                                
Mr.  Painter discussed  a fiscal  note from  the Legislature                                                                    
with an  allocation for  Legislative Finance,  OMB Component                                                                    
774. He explained  that the bill had a zero  fiscal note, as                                                                    
the new  duty created by the  bill could be absorbed  by the                                                                    
division.                                                                                                                       
                                                                                                                                
9:35:16 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:36:09 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
9:36:47 AM                                                                                                                    
                                                                                                                                
Senator   Kaufman  thanked   the  committee   and  expressed                                                                    
appreciation for the members'  questions. He reiterated that                                                                    
amendments to the legislation were welcome.                                                                                     
                                                                                                                                
SB 25 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
9:37:17 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:38:40 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 38                                                                                                            
                                                                                                                                
     "An  Act establishing  the crime  of interference  with                                                                    
     emergency communications."                                                                                                 
                                                                                                                                
9:38:43 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson read the bill title. He noted that the                                                                           
senate had passed the bill the previous session, but it had                                                                     
not passed the other body.                                                                                                      
                                                                                                                                
9:39:28 AM                                                                                                                    
                                                                                                                                
Senator David Wilson, Sponsor, offered a sponsor statement:                                                                     
                                                                                                                                
     Senate Bill 38 establishes  the offense of interference                                                                    
     with  emergency  communications.   This  statute  would                                                                    
     apply  when a  person:  repeatedly makes  911 calls  to                                                                    
     report something  they know has already  been reported,                                                                    
     repeatedly  calls 911  when there  is no  emergency, or                                                                    
     harasses or threatens a 911 operator.                                                                                      
                                                                                                                                
     Interference  with  emergency   communications  --  the                                                                    
     misuse, abuse,  and disruption of 911  dispatch centers                                                                    
     --  is a  problem that  severely impacts  public safety                                                                    
     and emergency  response by  delaying responses  to real                                                                    
     emergencies.  It  is   prevalent  at  dispatch  centers                                                                    
     across Alaska and must be addressed.                                                                                       
                                                                                                                                
     During these disruptive  events, other urgent emergency                                                                    
     calls  must  be  placed  on hold  or  delayed  to  meet                                                                    
     standards; industry  standards are  that all  911 calls                                                                    
     must  be answered  within 15-20  seconds. A  dispatcher                                                                    
     could  be required  to place  the parent  of a  choking                                                                    
     child  on   hold  to  answer  repeated   calls  from  a                                                                    
     harassing individual  who is  not in need  of emergency                                                                    
     services,  delaying   necessary  life-saving  measures.                                                                    
     Under the language in the  bill, that harasser could be                                                                    
     charged.  Currently,  state  statute does  not  address                                                                    
     harassing  behavior specific  to 911  dispatch centers,                                                                    
     nor does  it give law enforcement  adequate recourse to                                                                    
     stop the behavior.                                                                                                         
                                                                                                                                
     This  problem is  not unique  to  Alaska. Other  states                                                                    
     have developed legislation  that makes interfering with                                                                    
     emergency  communications  an   arrestable  offense  --                                                                    
     which   is  the   most  effective   way  to   stop  the                                                                    
     interference -- thus  allowing 911 telecommunicators to                                                                    
     focus on legitimate emergencies.                                                                                           
                                                                                                                                
     Please contact Jasmin Martin in  my office at (907)465-                                                                    
     8165 or  by email  at Jasmin.Martin@akleg.gov  for more                                                                    
     information.  I respectfully  ask for  your support  of                                                                    
     this legislation.                                                                                                          
                                                                                                                                
9:42:02 AM                                                                                                                    
                                                                                                                                
JASMIN MARTIN, STAFF TO SENATOR WILSON, addressed a                                                                             
Sectional Analysis (copy on file):                                                                                              
                                                                                                                                
     Section 1: Adds a  new section (.785. Interference with                                                                    
     emergency communications) to AS 11.56. (Criminal                                                                           
     Law, 56. Offenses Against Public Administration).                                                                          
     (a)  Establishes  that  a person  commits  a  crime  of                                                                    
     interference with emergency communication when they:                                                                       
     (1) Call 911  to elicit a first  responder response for                                                                    
     a previously  reported incident when there  has been no                                                                    
     change in circumstances, and  they have been instructed                                                                    
     to stop calling                                                                                                            
     (2)  Make   repeated  911  calls   when  there   is  no                                                                    
     emergency.                                                                                                                 
     (3) Threaten 911 operator during a call to 911.                                                                            
     (b)  Defines:   "emergency  communication,"  "emergency                                                                    
     communication  center,"  and  "emergency  communication                                                                    
     worker."                                                                                                                   
     (c)  Establishes   that  this   crime  is  a   class  B                                                                    
     misdemeanor.                                                                                                               
     Section  2:  Adds  a section  to  uncodified  law  that                                                                    
     specifies that  this act is not  applicable to offenses                                                                    
     committed prior to this legislation.                                                                                       
                                                                                                                                
9:43:27 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked what communities had  911 operators,                                                                    
and  whether  the  communities had  municipal  operators  or                                                                    
operators answering on a statewide switchboard.                                                                                 
                                                                                                                                
Senator   Wilson   relayed   that  there   were   regionally                                                                    
contracted  dispatchers  and  call  centers  throughout  the                                                                    
state   that  catered   to  communities.   He  thought   the                                                                    
Department of  Public Safety  commissioner could  answer the                                                                    
question.                                                                                                                       
                                                                                                                                
Co-Chair  Hoffman  shared  an  incident  in  which  a  plane                                                                    
crashed  in  Cook Inlet,  which  had  not been  successfully                                                                    
responded to, which resulted in a fatality.                                                                                     
                                                                                                                                
Co-Chair  Olson   commented  that  the  incident   had  been                                                                    
significantly troubling.                                                                                                        
                                                                                                                                
9:45:26 AM                                                                                                                    
                                                                                                                                
JAMES COCKRELL,  COMMISSIONER, DEPARTMENT OF  PUBLIC SAFETY,                                                                    
detailed  that   when  individuals   called  into   911  for                                                                    
frivolous  reasons  it  wasted resources  and  caused  undue                                                                    
stress  for  dispatchers.  He  stressed  that  non-emergency                                                                    
calls tied up the lines  and interfered with the response to                                                                    
real emergencies. He  hoped that the threat  of legal action                                                                    
would deter  people from  calling 911  for any  other reason                                                                    
but for emergencies.                                                                                                            
                                                                                                                                
9:47:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman   asked  how   the  911   dispatches  were                                                                    
addressed in  major hubs in  rural Alaska such  as Unalaska,                                                                    
Dillingham, and Bethel.                                                                                                         
                                                                                                                                
Commissioner   Cockrell   thought   that   each   of   those                                                                    
communities  had their  own dispatch  centers. He  said that                                                                    
areas  outside of  those communities  were  trunk  lined  to                                                                    
the Fairbanks dispatch center.                                                                                                  
                                                                                                                                
Co-Chair Hoffman understood that in  the past Bethel had its                                                                    
911  dispatch  operated  by  the  police  department,  which                                                                    
switched over  during the off-business  hours to  the Alaska                                                                    
State Troopers  (AST). He asked  whether this was  still the                                                                    
case.                                                                                                                           
                                                                                                                                
Commissioner Cockrell replied that he did not know.                                                                             
                                                                                                                                
Co-Chair Hoffman  wanted to have  his question  answered. He                                                                    
acknowledged  that the  question veered  from the  intent of                                                                    
the  legislation under  discussion. He  emphasized that  the                                                                    
communities  did  not  have  the  finances  to  have  a  911                                                                    
dispatcher, which  was challenging  for the safety  of those                                                                    
communities.                                                                                                                    
                                                                                                                                
9:49:19 AM                                                                                                                    
                                                                                                                                
Commissioner   Cockrell  acknowledged   the  struggles   and                                                                    
challenges that  the department had in  providing meaningful                                                                    
service  to  rural areas  of  the  state.  He spoke  of  the                                                                    
challenges  of  trunk  lines.  He  said  that  the  upgrades                                                                    
necessary to phone towers were expensive.                                                                                       
                                                                                                                                
Co-Chair  Hoffman thought  that after  the request  had been                                                                    
made, the more  important thing would be  getting service to                                                                    
rural areas of  the state. He cited the  need for additional                                                                    
AST personnel in rural areas.                                                                                                   
                                                                                                                                
9:51:00 AM                                                                                                                    
                                                                                                                                
Commissioner  Cockrell  commented  that the  department  was                                                                    
focused on  putting more AST  in rural areas. He  knew there                                                                    
were issues such  as housing that had not  been overcome. He                                                                    
said he  was committed to  putting law enforcement  in rural                                                                    
Alaska.                                                                                                                         
                                                                                                                                
Co-Chair Olson thanked the commissioner  for his efforts. He                                                                    
considered 911 calls and asked  what role the Village Public                                                                    
Safety Officer (VPSO) had in responding to 911 calls.                                                                           
                                                                                                                                
Commissioner Cockrell  expressed that  the VPSO  Program was                                                                    
important to the department. He  relayed that VPSOs would be                                                                    
alerted  when  911  calls  were  made  in  communities  they                                                                    
served.                                                                                                                         
                                                                                                                                
Co-Chair  Olson  asked what  percentage  of  911 calls  were                                                                    
perceived  to   be  harassment  as  opposed   to  legitimate                                                                    
emergency calls.                                                                                                                
                                                                                                                                
Commissioner Cockrell  did not have the  information at hand                                                                    
but  mentioned that  when harassment  calls came  in it  was                                                                    
disruptive.                                                                                                                     
                                                                                                                                
9:54:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Olson   asked  whether  the  department   had  the                                                                    
capability to find where calls to 911 were originating.                                                                         
                                                                                                                                
Commissioner Cockrell said that  land line location could be                                                                    
determined but  cell phones made tracking  where phone calls                                                                    
originated mor difficult to establish.                                                                                          
                                                                                                                                
9:55:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked for help understanding  how the bill                                                                    
with harassing or prank calls.                                                                                                  
                                                                                                                                
Commissioner Cockrell  relayed that  under the bill,  if the                                                                    
caller's  location could  be  established,  they could  face                                                                    
legal consequences.                                                                                                             
                                                                                                                                
9:56:04 AM                                                                                                                    
                                                                                                                                
Senator Bishop asked whether calls  would be traced in order                                                                    
to identify offenders.                                                                                                          
                                                                                                                                
Commissioner Cockrell  thought there  were some  experts who                                                                    
could address Senator Bishop's question.  He thought in many                                                                    
situations  the identity  of  frequently disruptive  callers                                                                    
was already known.                                                                                                              
                                                                                                                                
9:56:50 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman referenced  his earlier question pertaining                                                                    
to a  plane crash in  Cook Inlet.  He recalled that  the 911                                                                    
call had  gone up to  Fairbanks and  was not relayed  to the                                                                    
vicinity where  the emergency occurred. He  wondered how the                                                                    
situation had been rectified.                                                                                                   
                                                                                                                                
Commissioner  Cockrell thought  the  situation had  occurred                                                                    
six or  seven years ago.  He thought the emergency  call had                                                                    
been  made on  a satellite  phone, which  had relayed  it to                                                                    
Fairbanks. He thought  the call had not  been transferred to                                                                    
Mat-Com, which  had led to  the lack of  emergency response.                                                                    
He did  not know  if there  had been  any resolution  on the                                                                    
matter.                                                                                                                         
                                                                                                                                
Co-Chair Hoffman  requested that the commissioner  look into                                                                    
how the problem could be rectified.                                                                                             
                                                                                                                                
Commissioner Cockrell agreed to look into the matter.                                                                           
                                                                                                                                
9:58:41 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
10:00:14 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
JOEL  BUTCHER, ASSOCIATION  OF PUBLIC  SAFETY COMMUNICATIONS                                                                    
OFFICIALS (via  teleconference), relayed that he  resided in                                                                    
Wasilla and  was tech support  for Mat-Com. He  relayed that                                                                    
he was  part of  the National Emergency  Numbers Association                                                                    
(NENA). He  noted that  there was  no current  state statute                                                                    
that  addressed   or  criminalized  the  type   of  activity                                                                    
addressed in  the bill. He  qualified that the bill  did not                                                                    
propose to criminalize  those that dialed 911  in error, but                                                                    
rather those  who abused  the system.  He urged  support for                                                                    
the legislation.                                                                                                                
                                                                                                                                
Co-Chair Olson asked for the  percentage of people that were                                                                    
misusing the system.                                                                                                            
                                                                                                                                
Mr. Butcher relayed that past  experiences had occurred when                                                                    
someone  repeatedly called  even after  being asked  to stop                                                                    
calling. He said that the callers  were either angry or in a                                                                    
 mental   state   where   they  felt   they  had   no  other                                                                    
application  to vent  their frustration.  He  said that  the                                                                    
situations  were  rare  but often  happened  at  inopportune                                                                    
times. He  said that the  legislation had been in  the works                                                                    
for several years and was the  result of an instance where a                                                                    
dispatcher had to  file a police report  personally in order                                                                    
to  get  a  caller  to   stop  repeatedly  calling  911  and                                                                    
harassing the dispatcher.  He said that calls  of the nature                                                                    
described  in  the  bill  happened  to  dispatchers  in  his                                                                    
jurisdiction 2 or 3 times per year.                                                                                             
                                                                                                                                
10:04:44 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson thought  he heard that of  3,200 phone calls,                                                                    
231 were accidental and 1 or 2 were menacing.                                                                                   
                                                                                                                                
Mr.  Butcher relayed  that  in the  month  of January  2023,                                                                    
there  had  been  731 accidental  misdials  to  the  Mat-Com                                                                    
dispatch  center,  none  of  which  rose  to  the  level  of                                                                    
harassment detailed in the bill.                                                                                                
                                                                                                                                
Co-Chair Olson asked  what other states had done  to try and                                                                    
stop the  phone calls that were  interfering with legitimate                                                                    
911 calls.                                                                                                                      
Mr. Butcher  shared that there  were 23 states  with similar                                                                    
statutes. He  had found statutes in  seven different states:                                                                    
Iowa, Tennessee,  Connecticut, Florida, Texas,  Georgia, and                                                                    
California.                                                                                                                     
                                                                                                                                
Co-Chair Olson asked how effective  the statutes had been in                                                                    
stopping illegal activity.                                                                                                      
                                                                                                                                
Mr.  Butcher relayed  that the  statutes were  effective and                                                                    
being used to charge individuals that misused the system.                                                                       
                                                                                                                                
10:08:05 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
10:08:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
10:08:22 AM                                                                                                                   
                                                                                                                                
Senator  Bishop asked  what constituted  a threat  against a                                                                    
911 operator and whether it was defined in statute.                                                                             
                                                                                                                                
Ms.  Martin  explained  that   threat   was  defined  in  AS                                                                    
11.81.900 and was under the statutes related to extortion.                                                                      
                                                                                                                                
Senator Bishop  asked whether a Class  B misdemeanor applied                                                                    
to minors.                                                                                                                      
                                                                                                                                
Ms. Martin did not have the information at hand.                                                                                
                                                                                                                                
Senator Wilson answered affirmatively.                                                                                          
                                                                                                                                
10:10:07 AM                                                                                                                   
                                                                                                                                
Senator  Wilson  addressed  FN  1  from  the  Department  of                                                                    
Administration,  OMB   Component  43.  The   note  reflected                                                                    
$225,000 of UGF  funds through FY29 for  the additional work                                                                    
created by the legislation:                                                                                                     
                                                                                                                                
     This bill creates  several new crimes that  are Class B                                                                    
     misdemeanors.    The  bill   prohibits  a  person  from                                                                    
     repeatedly contacting  emergency services to  report an                                                                    
     incident  that has  been previously  reported after  an                                                                    
     emergency worker  instructs the  person to  stop making                                                                    
     contact.    The  bill   also  prohibits  making  repeat                                                                    
     contacts  to emergency  services  knowing  there is  no                                                                    
     emergency or threatening an emergency worker.                                                                              
                                                                                                                                
     New  crimes  result  in  additional  workload  for  the                                                                    
     Office of  Public Advocacy.   The  Agency is  unable to                                                                    
     absorb  additional workload  increases as  a result  of                                                                    
     trial case  backlog created  by jury  trial suspensions                                                                    
     in   response   to   Covid-19  and   by   unprecedented                                                                  
     recruitment  and  retention  challenges  facing  public                                                                    
     advocacy   nationwide.     The   Agency  is   therefore                                                                    
     requesting one Attorney position in FY24 and beyond.                                                                       
                                                                                                                                
Senator  Wilson  addressed  FN  2  from  the  Department  of                                                                    
Administration,   OMB  Component   1631.  The   note  showed                                                                    
expenses of  $205,800 through FY29.  The note had  a similar                                                                    
analysis  of  increased  workload for  the  Public  Defender                                                                    
Agency as the previous note.                                                                                                    
                                                                                                                                
Senator  Wilson  addressed  FN  3  from  the  Department  of                                                                    
Corrections,  OMB Component  1381. The  note reflected  zero                                                                    
fiscal impact:                                                                                                                  
                                                                                                                                
     This  legislation  amends  AS  11.56 by  adding  a  new                                                                    
     section AS  11.56.785 creating a crime  of interference                                                                    
     with emergency  communications. This  legislation would                                                                    
     make  interference  with   emergency  communications  a                                                                    
     class B misdemeanor.                                                                                                       
                                                                                                                                
     Since  this is  a new  offense, the  department has  no                                                                    
     historical  data  to  be able  to  determine  how  many                                                                    
     convictions  will  occur  under  this  statute  or  the                                                                    
     length  of  incarceration   and  cannot  determine  the                                                                    
     actual impact to the daily prison population.                                                                              
                                                                                                                                
     However, based  on the  current prison  population, any                                                                    
     increase  can  be   absorbed  within  the  department's                                                                    
     existing  resources  and  capacity. Therefore,  a  zero                                                                    
     fiscal note is submitted for this legislation.                                                                             
                                                                                                                                
Senator Wilson  addressed FN 4  from the Department  of Law,                                                                    
OMB Component 2202, which reflected zero fiscal impact:                                                                         
                                                                                                                                
     This bill  establishes the  crime of  interference with                                                                    
     emergency  communications.   A  person  is   guilty  of                                                                    
     interfering  with  emergency   communications  if  they                                                                    
     knowingly   make  repeated   calls   to  an   emergency                                                                    
     communications center  to report  an incident  that has                                                                    
     already  been  reported  and continues  to  call  after                                                                    
     being  asked  not  to,  makes   repeated  calls  to  an                                                                    
     emergency communications  center knowing that  there is                                                                    
     not   an   emergency,   or   threatens   an   emergency                                                                    
     communications worker.                                                                                                     
                                                                                                                                
     Interference with  emergency communications is  a class                                                                    
     B misdemeanor.                                                                                                             
                                                                                                                                
     It  is  unclear  how  many additional  cases  would  be                                                                    
     referred to  the Criminal  Division for  prosecution if                                                                    
     this bill  were to pass. However,  the targeted conduct                                                                    
     is very  specific and,  therefore, the  department does                                                                    
     not  anticipate that  the potential  increase in  cases                                                                    
     will have a fiscal impact.                                                                                                 
                                                                                                                                
Senator Wilson addressed FN 5 from the Department of Public                                                                     
Safety, OMB Component 3346, which was a zero fiscal note:                                                                       
                                                                                                                                
     This  bill deters  the misuse  and  abusive calls  that                                                                    
     cause   disruption   to   911  dispatch   centers   and                                                                    
     appropriately    holds    offenders   accountable    by                                                                    
     criminalizing  conduct  relating to  interference  with                                                                    
     emergency  communications. Interference  with emergency                                                                    
     communications  creates   situations  that   can  delay                                                                    
     response  time   to  real  emergencies.   During  these                                                                    
     disruptive  events, other  urgent emergency  calls must                                                                    
     be  placed on  hold or  delayed  in order  to meet  the                                                                    
     industry  standard  that  all calls  must  be  answered                                                                    
     within 15-20 seconds.                                                                                                    
                                                                                                                                
     Current   laws  do   not  address   harassing  behavior                                                                    
     specific   to  911   emergency  dispatch   centers  and                                                                    
     dispatch personnel.                                                                                                        
                                                                                                                                
     To  charge under  harassment in  the second  degree (AS                                                                    
     11.61.120), dispatchers  must file individually  as the                                                                    
     victims  of   harassment  which  gives   the  harassing                                                                    
     individual  access to  a  dispatcher's  first and  last                                                                    
     names  through  court  records rather  than  protecting                                                                    
     their  anonymity. The  crime  of  false information  or                                                                    
     report (AS  11.56.800) does  not cover  incidents where                                                                    
     harassment or  other disruptive calls  are made  but no                                                                    
     report or information was provided.                                                                                        
                                                                                                                                
     Having  a specific  statute that  addresses calls  that                                                                    
     intentionally  interfere with  emergency communications                                                                    
     can help reduce this problem and allow 911 dispatchers                                                                     
     to focus on doing their best to assist with legitimate                                                                     
     emergencies.                                                                                                               
                                                                                                                                
     There is no fiscal impact.                                                                                                 
                                                                                                                                
10:13:20 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  asked whether  the current version  of the                                                                    
bill  was  identical  to  the   bill  that  had  passed  the                                                                    
committee the previous year.                                                                                                    
                                                                                                                                
Senator Wilson  cited that there  was a small change  to the                                                                    
bill that was technical in nature.                                                                                              
                                                                                                                                
Co-Chair Hoffman asked if FN 1  and FN 2 were different than                                                                    
the fiscal notes in the previous legislation.                                                                                   
                                                                                                                                
Co-Chair Olson  pointed out that  there were staff  from LFD                                                                    
that could address the fiscal note.                                                                                             
                                                                                                                                
Senator Wilson  answered that the  fiscal impact  notes were                                                                    
new.  He said  that additional  analysis has  been requested                                                                    
from the Department of Public Safety.                                                                                           
                                                                                                                                
10:16:01 AM                                                                                                                   
                                                                                                                                
ROB  CARPENTER,  DEPUTY  DIRECTOR, DIVISION  OF  LEGISLATIVE                                                                    
FINANCE  relayed that  the  notes  containing fiscal  impact                                                                    
were  minimal and  some indeterminate.  He thought  that the                                                                    
fiscally  impacted agencies  should go  through the  regular                                                                    
budget process  to request  the funds they  might need  as a                                                                    
result of the legislation.                                                                                                      
                                                                                                                                
Senator  Wilson understood  that  there was  a  cost to  the                                                                    
state. He  referenced an  incident in  Big Lake  where there                                                                    
had been  a drowning emergency  that was impeded by  over 80                                                                    
harassing calls to dispatchers.  He emphasized that the bill                                                                    
was  intended  to  provide a  deterrent  to  individuals  to                                                                    
refrain from misusing the 911 service.                                                                                          
                                                                                                                                
Co-Chair Olson asked  how to separate those  people that had                                                                    
mental  health issues  and might  need emergency  assistance                                                                    
from those making harassing calls.                                                                                              
                                                                                                                                
Senator  Wilson relayed  that the  bill provided  a tool  to                                                                    
send a first responder to a  home to check on the caller. He                                                                    
mentioned a mobile crisis response team could be sent to                                                                        
assist people in crisis.                                                                                                        
                                                                                                                                
SB 30 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Olson discussed housekeeping.                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:20:38 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:20 a.m.                                                                                         

Document Name Date/Time Subjects
SB 25 - Sponsor Statement Version A.pdf SFIN 2/8/2023 9:00:00 AM
SB 25
SB 25 - Sectional Analysis Version A.pdf SFIN 2/8/2023 9:00:00 AM
SB 25
SB 38 Supporting Document - Letters Received as of 1.23.23.pdf SFIN 2/8/2023 9:00:00 AM
SB 38
SB 38 Sectional Analysis v. A 1.17.2023.pdf SFIN 2/8/2023 9:00:00 AM
SB 38
SB 38 Sponsor Statement 1.17.2023.pdf SFIN 2/8/2023 9:00:00 AM
SB 38 PSEA lettter of support SB 38 Senator Wilson.pdf SFIN 2/8/2023 9:00:00 AM
SB 38