HB 163-DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES  4:07:08 PM CHAIR KREISS-TOMKINS announced that the next order of business would be HOUSE BILL NO. 163, "An Act authorizing the Department of Public Safety to enter into agreements with nonprofit regional corporations and federal, tribal, and local government agencies to provide law enforcement services; authorizing the Department of Public Safety to collect fees for certain law enforcement services; and providing for an effective date." 4:07:28 PM The committee took an at-ease from 4:07 p.m. to 4:10 p.m. 4:10:02 PM CHAIR KREISS-TOMKINS stated that the Department of Public Safety (DPS) has proposed a committee substitute (CS) for HB 163. 4:10:15 PM REPRESENTATIVE KNOPP moved to adopt the proposed CS for HB 163, Version 30-GH1811\D, Martin, 3/30/17, as a working document. There being no objection, Version D was before the committee. 4:11:00 PM WALT MONEGAN, Commissioner Designee, Department of Public Safety (DPS), explained that the only change under Version D is the addition of a sentence in the paragraph entitled "APPLICABILITY" under Section 3 of HB 163. The new sentence states that nothing in the section requires a nonprofit to enter into an agreement with DPS. He asserted that this change would assure the nonprofits that DPS would not force them to pay [for law enforcement services}. He added that DPS is anticipating a meeting with the Governor's Tribal Advisory Council (GTAC) to further discuss the language in the proposed legislation. 4:12:11 PM REPRESENTATIVE LEDOUX referred to the language in the "APPLICABILITY" paragraph of Version D, Section 3, which states that a contract with DPS is only allowed for an entity with no local police force. She said that she did not understand the rationale behind not allowing an entity with a local police force to supplement its services through a contract with DPS. COMMISSIONER MONEGAN responded that DPS does not want to compete with existing police agencies; it will always augment or assist them if requested. He stated that the proposed legislation addresses DPS entering into a contract with agencies and charging them. He maintained that DPS wants to avoid having communities dissolve their police departments and ask DPS to "take over." REPRESENTATIVE LEDOUX stated that she did not understand why DPS, which does not want to contract with communities having an organized police force in the future, would agree to contract with communities with an organized police force as of the effective date of the [bill]. She said that her understanding was that the proposed legislation could address the Girdwood situation. She said, "I still don't get it." COMMISSIONER MONEGAN replied that the Girdwood situation is unique: Girdwood is part of the Municipality of Anchorage (MOA), which has an organized police force, and there is a mechanism in place for the Anchorage Police Department (APD) to provide services. Girdwood taxed itself to pay for services, but the amount was not enough for what APD required; appropriate charges are still being determined. He stated that the only other areas for which he has concerns are areas like Bethel: a number of police officers walked off the job [in Bethel] a few years ago, and because there was a crisis, DPS had to assist with the state charges. It did not assist with city charges. He maintained that DPS intends to explore the possibility of a charge. REPRESENTATIVE LEDOUX relayed that DPS is concerned about communities like Bethel, for which DPS is called upon to assist without the ability to charge. She suggested that the prohibition for contracting with an entity with no organized police force should be eliminated from the language of the proposed legislation. COMMISSIONER MONEGAN responded that there was a situation in which DPS was requested to provide a Village Public Safety Officer (VPSO) to a community to augment its law enforcement; as soon as DPS did so, the community fired its tribal and village police officers to save money. He maintained that it is for that reason that DPS is hesitant to engage initially with an entity that already has a police force, and he said he suspects that DPS would act on a case by case basis. He reiterated that DPS has seen communities take advantage of the department's willingness to assist them. 4:17:26 PM REPRESENTATIVE BIRCH asserted that the question is: Are DPS and the Alaska State Troopers (AST) obligated to provide law enforcement services outside of organized areas that have their own law enforcement, such as the City of Fairbanks, the City of North Pole, MOA inside the police service area, and across the state? He stated his concern regarding the lack of law enforcement on the Seward Highway for the people of the Kenai Peninsula and the municipality. He mentioned that legislators have been advised that DPS intends to move the state troopers from the area after May 2. COMMISSIONER MONEGAN answered that the municipality can tax itself. He added that DPS's dilemma is that trooper staffing level is such that it is a struggle to staff areas with no police availability at all. He stated that it is a moral dilemma for DPS; in the Bush, where there is no alternative, there are over 100 communities with no law enforcement presence at all. He reiterated that MOA can tax itself; it partially does tax itself; but it didn't "buy the whole APD package." He maintained that it is incumbent upon the community, not the state, to address that. REPRESENTATIVE BIRCH stated that he respectfully disagrees. He relayed that the legislature is seated as an assembly under the Alaska State Constitution for the areas outside of organized municipalities and boroughs with law enforcement. He maintained that outside of the city service areas, there is no provision for police service. Residents can vote to organize a borough and enlist police services; the city of Bethel could do so; and it takes time to do so. He said he takes umbrage with the issue that only 52 of 76 funded VPSO positions are filled; there are 24 vacancies; therefore, money is available to provide the law enforcement services. He concluded that the legislature needs to consider its ultimate responsibility for public safety. He maintained that the Seward Highway between Anchorage and the Kenai Peninsula with its heavy traffic cannot be ignored. CHAIR KREISS-TOMKINS concurred that the issue is a legislative and budgeting issue in terms of DPS resources. 4:21:27 PM REPRESENTATIVE WOOL stated that several different problems have created the situation. The first was the Girdwood situation: Girdwood had an APD trooper; trooper funding was cut; and APD "pulled back" officers from Girdwood. He said that consequently the community of Girdwood, wanting law enforcement coverage, contracted for it with its own funds. He stated that the second problem involved the situation in Bethel: because of a lack of personnel, troopers came into Bethel. He restated Commissioner Monegan's fear that Bethel would fire its police force and rely on the troopers. Since Bethel is an organized community, AST is not responsible for law enforcement in Bethel. He stated the third problem: the lack of officers in the AST force. He referred to Commissioner Monegan's testimony in the 3/28/17 House State Affairs Standing Committee meeting that these troopers would typically be retired troopers brought back into the work force. REPRESENTATIVE WOOL asserted that the problem is multi-layered: there is a shortage of troopers and a shortage of funding except for VPSOs. He maintained that DPS would not want to expend resources in one area, when they are needed in other areas. He asked Commissioner Monegan if in the Bethel situation - helping Bethel out by providing officers - temporarily buys it time until it can secure more officers, at which time DPS can reallocate resources. COMMISSIONER MONEGAN responded that in the Bethel situation that was exactly what would happen. He relayed that AST filled in to handle life threatening situations; there were only two Bethel police officers at the time; and even the chief of police had "walked off the job." He stated that AST provided assistance until the Bethel Police Department (BPD) was able to rebuild its police force and take over again. COMMISSIONER MONEGAN relayed the history of the Girdwood situation as it relates to the proposed legislation: Girdwood offered to contract with DPS to retain troopers in the community; it was during these discussions that DPS realized it did not have the receipt authority to enter into a contract with Girdwood; and HB 163 was introduced to address this. He stated that DPS wishes to expand its presence and provide services at a higher and more quantitative level than currently - especially in the rural areas. He offered that it is for this reason DPS will resist a reduction in the number of VPSOs; it is hoping to "turn around" on the recruiting and training issues for both VPSOs and troopers. He opined that it would be short sighted to "rob Peter to pay Paul, so to speak, especially if Paul had the ability to find better and more readily available trained police officers to them versus someplace else that has none." He mentioned that the answer is "tangled" because the situation is tangled, and there is not one answer to satisfy everyone. He added that HB 163 is an attempt to give DPS receipt authority, and DPS can work toward perfecting the process as it progresses. 4:26:43 PM REPRESENTATIVE JOHNSON relayed that she appreciates the problem and the attempt to solve the problem through the proposed legislation. She said that she recognizes that Alaska has a shortage of troopers. She expressed her belief that the proposed solution does not fundamentally "fit" the problem and creates an "upside down" situation. She relayed that local government would be asked to contract with DPS for a trooper to provide police services and then would oversee the state officers. REPRESENTATIVE JOHNSON asked if there are police service areas like there are road service areas and fire service areas. REPRESENTATIVE BIRCH stated that the answer to Representative Johnson's question is yes. He relayed that it takes a vote of the people to have a police service area - the same as for a water service area, a sewage service area, or a fire service area. He asserted that if a location is outside of an area, that means that the residents have not voted to have the service area. He added that historically the void has been filled by the State of Alaska, which is responsible for the unorganized boroughs and all the areas outside of service areas. COMMISSIONER MONEGAN, in response to Representative Johnson, relayed that troopers with whom a community contracts would still answer to trooper commanders, enforce state law and city ordinances, and through the contract, get direction from the community about its concerns. He said that DPS would use retired troopers under long-term, non-permanent ("non-perm") positions for these contracts. REPRESENTATIVE JOHNSON mentioned that troopers at the trooper post in Palmer have worked outside of their service area under an agreement. She stated that providing public safety is a fundamental function of state government; if a location is not in a public safety service area, then it is the responsibility of the troopers to provide services; and if a city has a public safety service area, then they established it through a tax base. She expressed her concerns with the proposed legislation: it would introduce complicated scenarios of the state contracting with non-profits and tribal organizations; it would mix requirements of the state with the requirements of other entities; and it would be fraught with many other issues. 4:31:47 PM REPRESENTATIVE LEDOUX asked why any part of a municipality is required to be in a service area. She stated that she lives in Muldoon and, therefore, must pay for police protection from APD. Hillside is not part of the service area; therefore, Hillside residents do not have to pay for police protection by way of property taxes. She asked why, if Hillside gets police protection from the state troopers, she must pay for police protection, but Hillside residents do not. REPRESENTATIVE BIRCH responded that Anchorage consisted of a city and a borough, and when they were unified, service areas were identified. Police and fire services were not area-wide; schools were area-wide. He stated that the service areas represented subsets of the larger municipality; service areas were established through an affirmative vote by the municipality annexing an area and an affirmative vote by the area being annexed; and a tax was levied. He said that Girdwood residents are not paying for police services because they are outside the service area, and he mentioned that he believes the service area stops at Potter Marsh. He added that what is being discussed is the state highway from Potter Marsh past Girdwood to its city limits at Portage. He said that outside the service area, it is the state's responsibility to provide law enforcement services. He maintained that with only 52 positions filled out of 76 funded DPS positions, there is much money available to reassign to public safety for troopers. REPRESENTATIVE LEDOUX asserted that state troopers patrol Hillside without cost to the residents, because the residents have not voted for a police service area. REPRESENTATIVE BIRCH responded that is incorrect. Hillside is in the [APD] service area; it was added many years ago under former Mayor [Rick] Mystrom. 4:36:03 PM REPRESENTATIVE JOHNSON added that residents of the unorganized borough do not pay taxes, and they receive trooper services; whereas, another area might have to tax itself to pay for trooper services. She said, "It's very mixed up here." 4:36:38 PM REPRESENTATIVE KNOPP asked Commissioner Monegan if the troopers have an obligation for patrolling federal and state highways regardless of service areas. COMMISSIONER MONEGAN answered that there are no federal highways in Alaska; federal highways are interstate highways. He explained that troopers have the authority to patrol state and local highways, and it is by agreement with the municipality which areas are covered. REPRESENTATIVE KNOPP stated that DPS has evolved and grown over time. In the past public safety predominantly addressed highway corridors, but currently it maintains an investigative unit, a cold case unit, and other units. He asked if the Girdwood issue was about providing public safety services along the highway corridors or about the [special] units he just mentioned. COMMISSIONER MONEGAN replied that was a point of contention: Girdwood wanted to contract with DPS; the DPS decided that it could provide the services for $600,000; but the Girdwood [Valley Service Area] Board of Supervisors (GBOS) did not want the Girdwood funded troopers to be on the highway or leave the Girdwood valley. He said that was a "deal-breaker" for DPS during negotiations even before DPS determined it had no ability to collect funds from Girdwood for the services. He said that subsequently Girdwood got [MOA assembly] approval to tax itself; it has collected the tax; and it has contracted with the City of Whittier [for police services]. He relayed that there are ongoing discussions between APD and the City of Whittier, as well as, between APD and the communities on the [Seward Highway] to establish a fee schedule. He said that eventually APD will support Whittier (indisc.) for the major crimes. COMMISSIONER MONEGAN asserted that "all this was really, truly brought on" due to DPS staff reduction. He claimed that without the reduction, these issues would not have occurred. He said that DPS has lost troopers and VPSOs, and it makes more sense for DPS to provide the rare services to communities (indisc.-- coughing). 4:41:27 PM REPRESENTATIVE WOOL expressed his relief that the communities that no longer have troopers did not pay for them through state taxes. He mentioned Commissioner Monegan's reference to "retired or non-perm officers" being employed under contract with DPS to provide services to an area in need of them. He asked if the language in the proposed legislation could include "retired officers". He stated that if a retired trooper was providing public safety services to a community that contracted with DPS for the services, then his concern for losing a trooper to a community that is paying would be alleviated. He said he did not know the prevalence of retired officers willing to work on a contractual basis, and possibly many would prefer that type of work. He offered that some of the communities wanting to contract for police services just want a [public safety] "presence." He suggested that there be language in the proposed legislation that specifically identified retired or non-perm officers for fulfilling long-term contracts. He emphasized that he is not referring to short-term crisis management, like in the Bethel situation. COMMISSIONER MONEGAN responded that in discussing the proposed legislation with Colonel [James] Cockrell (Director, AST, DPS), Colonel Cockrell expressed his belief that the proposed legislation could provide mentoring for new troopers; troopers just released from training would benefit from working with seasoned veterans of AST. He said that DPS tries to afford the "baby troopers" as much exposure to the various types of criminal investigations and activities as possible before being transferred to a remote area. He contended that if only retirees were considered under the proposed legislation, then DPS would lose the benefit of retirees in other areas. He said, "We would bring on the brand-new fellows and gals into these contract areas - the long-term." He opined that the use of retirees is best decided internally by DPS. He maintained that the crux of the proposed legislation is for DPS to have receipt authority and enter into agreements with entities that wish to contract for services, and it is not about how staffing will be accomplished. He mentioned that Nikiski has approached DPS about contracting for additional troopers. 4:45:01 PM CHAIR KREISS-TOMKINS referred to page 2, lines 8-9, of Version D, and said that he has a question about the language, which proscribes the ability for DPS to contract with an entity that already has a police force. He offered to discuss that question out of committee meeting. REPRESENTATIVE BIRCH referred to different contracting agents - armed security in federal buildings, security at the Port of Anchorage (POA), and security in city buildings. He asked what experience DPS has in contracting with qualified law enforcement personnel who are equivalent to a full-fledged trooper but are at a "secondary level of law enforcement or security services." COMMISSIONER MONEGAN responded that the personnel utilized under the proposed legislation would only be troopers or "special commissions." He said that the troopers that would be considered by DPS would be retired certified police officers, who could handle any situation in the community, just like troopers do. He stated that security guards and private police are a different category and not what DPS would consider. CHAIR KREISS-TOMKINS announced that HB 163 would be held over.