HB 250-LAW ENFORCEMENT; CONCEALING ONE'S FACE  3:18:30 PM CHAIR CARRICK announced that the first order of business would be HOUSE BILL NO. 250, "An Act establishing the crime of wearing a mask in public while acting as a peace officer; and providing for an effective date." REPRESENTATIVE SARA HANNAN, Alaska State Legislature, as prime sponsor, presented an overview of HB 250. This bill would make it a crime for peace officers in Alaska to wear face coverings in the performance of their duties. She said that HB 250 is a pro law enforcement piece of legislation. She stated that it promotes and secures public trust and the dignity and integrity of peace officers working in Alaska. REPRESENTATIVE HANNAN said masked law enforcement is wrong on many levels. When officers conceal their faces, they compromise transparency and communication. Masks get in the way of deescalation efforts. In fact, they do the opposite, they increase fear and intimidation in already tense circumstances. She said being unable to see an officer can lead to misunderstandings and needless tragic outcomes. When officers can't be identified, the risk that someone might impersonate law enforcement to commit crimes is increased. There are exemptions in the bill for officers working undercover, face shields for safety that don't obscure the face, medical masks or respirators, and masks for protection against smoke. In the end, the legislature wants Alaskans to trust peace officers and does not want regulation from the federal government to affect how officers conduct themselves in Alaska. TIM CLARK, Staff, Representative Sara Hannan, Alaska State Legislature, on behalf of Representative Hannan, prime sponsor, presented a sectional analysis of HB 250 [hard copy included in the committee file] which read as follows [original punctuation provided]: Sec. 1: Amends AS 11.56 by adding a new section 11.56.880stating that a peace officer is in violation of the law if they conceal their face with a mask or disguise while interacting with the public in an official capacity. This section also lists circumstances under which the law would not apply. They include: • If the officer is on an undercover assignment • If the officer is wearing a shield designed to protect their face from harm without obscuring their face • If the officer is wearing a medical mask or respirator for health reasons and has a statement from a licensed physician stating as much • Or if the officer is wearing a mask to protect from exposure to smoke. Section 1 also states that wearing a mask in public while acting as a peace officer is a class B misdemeanor (punishable by up to 90 days in jail and/or a fine of up to $2000). Sec. 2: Amends uncodified law to state that the act applies only to offenses committed on or after the effective date of the act. Sec. 3: Provides an immediate effective date for the act. 3:23:17 PM REPRESENTATIVE ST. CLAIR asked how many times this has occurred in Alaska with the masks. REPRESENTATIVE HANNAN replied that Alaska doesn't keep centralized statistics. REPRESENTATIVE ST. CLAIR remarked that it is unknown how big of a problem this is. He asked if this would affect federal agents working in Alaska. MR. CLARK replied that the bill was drafted to include prohibiting federal agents from masking in Alaska. 3:24:50 PM REPRESENTATIVE HOLLAND asked why masks are being worn to the degree that is seen right now and whether this law would interact or oppose specific directive given by federal law. REPRESENTATIVE HANNAN replied that she doesn't know why federal officers in one branch are doing this. She wants to preempt this action and reflect the standard of policing wanted in Alaska. REPRESENTATIVE HOLLAND asked why peace officers are trying to mask their identity. MR. CLARK replied that mostly reported in the press, federal agents feel they may be targeted for harassment or other criminal retribution on the part of the public. All public officials face some risk in the jobs they do. 3:28:25 PM REPRESENTATIVE MCCABE stated there is a study that says there is a one thousand percent increase in assaults on federal officers and their families due to being able to be identified. He asked how HB 250 would address doxing an officer and whether the sponsor would be open to establishing a felony charge. REPRESENTATIVE HANNAN replied that [doxing] is criminal behavior that is already in statute and should be prosecuted. REPRESENTATIVE MCCABE noted that there is a supremacy clause lawsuit in California. He asked how HB 250 would address federal officers. REPRESENTATIVE HANNAN answered that the court had a ruling yesterday, and if regulating to the same standard, there is no issue. REPRESENTATIVE MCCABE said by criminalizing masking then a federal peace officer who puts on a mask must get a ticket from the Alaska law enforcement officer. REPRESENTATIVE HANNAN replied that the first question is identification, and it is critical to be able to enforce the law. REPRESENTATIVE MCCABE stated that every law officer in Alaska has a badge and a name tag. Law officers must identify themselves by name and badge number in Anchorage. He suggested this was just a solution in search of a problem that doesn't exist. REPRESENTATIVE HANNAN stated that her constituents would like to have an open relationship with law enforcement. She said masked law enforcement seems to be counter to deescalation as verbal cues aren't always the clearest indicator. CHAIR CARRICK noted that Representative McCabe had said that a peace officer has a badge and must identify themself. She observed that this legislation is in partial response to what is being seen in the country. She asked if ICE agents have the same guidelines with a name badge and having to identify themselves. REPRESENTATIVE HANNAN replied she doesn't know as this is targeted at Alaska peace officers. Most Alaskans are satisfied with the transparency of officers. Alaskans and peace officers following police standards continue to be known and respected by Alaskans. CHAIR CARRICK asked if the bill is limited to peace officers in Alaska. MR. CLARK replied that the bill would include law officers sent to perform duties in Alaska. 3:36:49 PM REPRESENTATIVE STORY thanked the bill sponsor for bringing this bill forward. She commented that Alaska wants to maintain trust with police officers. She asked whether HB 202 should also include village public safety officers (VPSOs). REPRESENTATIVE HANNAN replied that the definition includes VPSOs. REPRESENTATIVE STORY asked about Representative McCabe's concern about a peace officer being targeted. She asked whether there is an exception that would allow a police officer to wear a mask if they were under a possible threat. REPRESENTATIVE HANNAN replied that threatening, harassing, and vandalism are already criminal acts that should be prosecuted. MR. CLARK said included in the ruling from yesterday [in California], the judge wrote a rule that prohibits from wearing masks does not enable criminals to harm them. These are already criminal acts and a rule prohibiting law enforcement by wearing masks or requiring them to have identification does not facilitate them harming officers. 3:39:55 PM REPRESENTATIVE VANCE stated that Representative Hannan wanted to stop federal overreach that could institute this practice in Alaska. She inquired whether there is a specific movement such as a bill in Congress or an Executive Order. REPRESENTATIVE HANNAN replied not currently. As has been seen, a lot of police departments have changed standards. She opined that Alaska should not comply with what is being done at the federal level. REPRESENTATIVE VANCE stated that the sponsor's constituents want open communication with officers without a mask. She stated that peace officers have been doxed and there has been harm to them and their families. She said it seems like you are prioritizing comfort of constituents to the safety of officers. REPRESENTATIVE HANNAN responded that if the police department were going to be masked and identities not known to the community, then Alaska is going to have secret police. Most people know who police are in the community. In Alaska, the legislature wants to build community trust. REPRESENTATIVE VANCE said that because of the tension and lack of respect for law enforcement, crime in Alaska, especially in Anchorage, has been high. She asked if the bill sponsor had conversations regarding how this would affect recruitment and retention. REPRESENTATIVE HANNAN replied no. 3:44:42 PM REPRESENTATIVE MCCABE noted there is a medical exception in the bill for someone who obtains a doctor's note. He asked the bill sponsor if she would be open to an amendment to prevent any public official from requiring masking in a public building. REPRESENTATIVE HANNAN answered no. 3:46:07 PM REPRESENTATIVE STORY said that peace officers are part of the community. She said harm can happen when losing that connection. She hears the seriousness of what Representative Hannan is bringing before the committee. 3:48:11 PM REPRESENTATIVE HIMSCHOOT asked if any part of the bill was mitigated by a name tag or body camera ("cam"). REPRESENTATIVE HANNAN said that the primary interaction of law enforcement is deescalation, and any time a face is covered, that limits the ability to communicate through loss of facial expressions. The proposed legislation aims to eliminate barriers and enhance communication. Body cams are a backup device. REPRESENTATIVE HIMSCHOOT stated that during the COVID-19 pandemic, teachers had increased difficulty of communicating [while wearing a mask]. 3:50:21 PM CHAIR CARRICK stated that the legislature wanted to prevent this from being standard practice in Alaska. She asked if there was anything else on the horizon. REPRESENTATIVE HANNAN stated she didn't review all police standards to look at what may be evolving. CHAIR CARRICK stated that she appreciated Representative Story's comments. The noted that the committee substitute for HB 202, although narrowly tailored, offers "lots of exceptions" applied to the realities of living in Alaska. She said the fullness of communication happens with facial recognition and is targeted with this legislation. 3:52:02 PM REPRESENTATIVE STORY moved to adopt the proposed committee substitute (CS) for HB 250, Version 34-LS1284\I, C. Radford, 1/21/26, as a working document. CHAIR CARRICK objected and asked for the sectional analysis to be presented. STUART RELAY, Staff, Representative Ashley Carrick, Alaska State Legislature, stated that the proposed CS for HB 250 adds an exemption for cold weather masks, specifically, a mask while outdoors when the temperature is at or below 32 degrees Fahrenheit. 3:53:28 PM CHAIR CARRICK removed her objection. There being no further objection, Version I was before the committee. 3:53:51 PM REPRESENTATIVE MCCABE said he was concerned about this bill as someone who has been publicly doxed. There are some situations for anonymity, and this bill takes away a tool. There may be times when things get a little heated and violent and maybe the legislature doesn't want officers' families exposed. CHAIR CARRICK asked the bill sponsor whether a masked individual has more negative encounters and escalations because the inability to communicate nonverbally. 3:57:20 PM REPRESENTATIVE HANNAN replied that the worst antidotal example with masked officers is in Minnesota where two citizens were shot with fatal results. She acknowledged that it is unknown whether this incident would have been avoided if the officers had been unmasked. CHAIR CARRICK said that when considering officer safety, Representative McCabe's concern about doxing is understandable. On the other hand, there could be issues with masking limiting communication and leading to escalation. REPRESENTATIVE MCCABE suggested, in the interest of fairness, an amendment that would prohibit protestors from wearing a mask, so that the officers "can easily identify those that are creating the ruckus." 3:58:53 PM REPRESENTATIVE VANCE noted that HB 202, Version I, added an exception when the temperature is below 32 degrees Fahrenheit. She asked whether that would include wind chill. REPRESENTATIVE HANNAN indicated that the choice of 32 degrees Fahrenheit is not that cold but allows for [wind chill situations]. REPRESENTATIVE VANCE asked the bill sponsor if she was opposed to peace officers "wearing a beards," which could have an effect similar [to wearing a mask]. REPRESENTATIVE HANNAN pointed out that she could recognize Representative St. Clair with or without a beard. REPRESENTATIVE VANCE asked that the committee have the police standards board come to the committee. REPRESENTATIVE ST. CLAIR shared his experience working undercover in narcotics. He stated that doxing does happen. He asked if the bill sponsor had looked at doing anything through the Alaska Police Standards Council. REPRESENTATIVE HANNAN answered no, she wanted to address it directly. MR. CLARK added that the law is meant to apply to the federal agents and the Alaska Police Standards Council wouldn't be involved in this case. 4:04:29 PM REPRESENTATIVE MCCABE asked if the supremacy clause applied in this case. MR. CLARK replied that he didn't know. REPRESENTATIVE HIMSCHOOT asked if protestors get paid with public funds. REPRESENTATIVE HANNAN answered no. REPRESENTATIVE HIMSCHOOT explained her point was that the people in the proposed legislation are paid with public dollars, while protestors are not. REPRESENTATIVE HANNAN said thanked committee members for their time and attention. 4:06:14 PM CHAIR CARRICK announced HB 250, Version I, was held over.