SB 7-STATE TROOPER POLICIES: PUBLIC ACCESS  2:16:52 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 7 "An Act requiring the Department of Public Safety to publish certain policies and procedures on the department's Internet website." [SB 7 was previously heard on May 10, 2021.] CHAIR HOLLAND asked the sponsor to provide a summary of the bill. 2:17:13 PM SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska, paraphrased the sponsor statement. [Original punctuation provided.] This bill would require that the Department of Public Safety publish on their website the department's current policies and procedures related to the conduct of peace officers employed or regulated by the department. The duty of the Department of Public Safety is to ensure public safety within our communities and, as such, the public must be able to easily access the current policies and procedures that requires peace officers regulated by the department to adhere to. SENATOR GRAY-JACKSON said the department is in the process of doing this, but the bill would ensure that it will happen. 2:18:37 PM CHAIR HOLLAND opened public testimony; finding none, he closed public testimony on SB 7. 2:19:27 PM CHAIR HOLLAND related his understanding that the Department of Public Safety (DPS) does not approve policies and procedures for municipal police officers and only indirectly regulates non- employees. 2:20:12 PM SENATOR GRAY-JACKSON offered her view that he was speaking to non-employees of the Department of Public Safety. 2:20:46 PM CHAIR HOLLAND restated his question. 2:21:02 PM COMMISSIONER DESIGNEE COCKRELL answered that DPS does not oversee other police departments in the state. He said that the department partners with the Village Public Safety Officer (VPSO) Program. CHAIR HOLLAND asked for assurance that the language "or regulated" would only apply to Alaska State Troopers or VPSOs. COMMISSIONER DESIGNEE COCKRELL suggested deleting "or regulated." 2:22:10 PM SENATOR HUGHES related her understanding that it would only apply to troopers, but if the committee also wanted it to apply to VPSOs, it would be necessary to retain the language "or regulated" in the bill. 2:22:31 PM COMMISSIONER DESIGNEE COCKRELL stated that DPS publishes all of its policies online. DPS manages the Village Public Safety Officer (VPSO) program. This program has a standard operating procedure (SOP) signed by all grantees. He offered his belief that those are not published, so essentially, VPSOs follow the department's operational procedures manual (OPM). He suggested that if the committee would like the VPSO's SOP published, it should be put in the bill. He expressed concern that the department manages ten grantees that could operate differently. He reiterated that the department supports publishing the OPM and believes it should not keep secrets from Alaska's citizens. He was unsure what the sponsor meant by "or regulated." He expressed a willingness to publish the policies and procedures. 2:24:17 PM KELLY HOWELL, Special Assistant to the Commissioner, Department of Public Safety (DPS), Anchorage, Alaska, provided invited testimony on SB 7. She explained that the department regulates VPSOs. She stated her understanding that the commissioner had suggested that to add clarity, it should clearly state VPSO or else the committee could eliminate the language "or regulated" if the intent is not to publish VPSO policies and procedures online. 2:25:35 PM CHAIR HOLLAND moved to adopt Amendment 1, work order 32- LS0058\A.2. 32-LS0058\A.2 Radford 2/16/22 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR HOLLAND TO: SB 7 Page 1, line 4: Delete "a new subsection" Insert "new subsections" Page 1, following line 7: Insert a new subsection to read: "(i) The Department of Public Safety is not required to publish policies and procedures under (h) of this section if publishing the policies and procedures (1) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (2) would disclose guidelines for law enforcement investigations or prosecutions and the disclosure could reasonably be expected to risk circumvention of the law; or (3) could reasonably be expected to endanger the life or physical safety of an individual." SENATOR SHOWER objected for discussion purposes. 2:25:49 PM CHAIR HOLLAND explained that Amendment 1 would create a new subsection that clarifies that DPS will not publish any policies and procedures that disclose confidential techniques or procedures, guidelines for law enforcement investigations, or prosecutions that could reasonably be expected to risk circumvention of the law, or that would endanger anyone's life or physical safety. 2:26:10 PM SENATOR SHOWER asked to have the department comment. 2:26:20 PM COMMISSIONER DESIGNEE COCKRELL said the department reviewed Amendment 1 and found it acceptable. 2:26:27 PM MS. HOWELL stated DPS agreed that adding the exceptions under AS 40.25.120, the Public Records Act (PRA), regarding sensitive law enforcement information was currently prohibited from release under the PRA but should be added to the bill. It would clarify that the department should not be permitted to post confidential or sensitive information about law enforcement policies and procedures. 2:27:11 PM SENATOR SHOWER commented that transparency is important, but sometimes law enforcement must suppress information to protect its members. SENATOR SHOWER removed his objection. 2:27:50 PM CHAIR HOLLAND objected for discussion purposes. SENATOR MYERS asked for sponsor comments. 2:28:16 PM SENATOR GRAY-JACKSON responded that she had no issue adding VPSOs to the bill since that had been her intention. 2:28:54 PM CHAIR HOLLAND removed his objection; he found no further objection, and Amendment 1 was adopted. 2:22:09 PM At ease 2:29:25 PM CHAIR HOLLAND reconvened the meeting. 2:29:28 PM CHAIR HOLLAND asked if members had any amendments. 2:29:39 PM At ease 2:30:01 PM CHAIR HOLLAND reconvened the meeting. 2:30:11 PM SENATOR HUGHES moved to adopt Conceptual Amendment 1. CHAIR HOLLAND objected for discussion purposes. 2:30:28 PM At ease 2:30:49 PM CHAIR HOLLAND reconvened the meeting. 2:30:59 PM SENATOR HUGHES stated Conceptual Amendment 1, on page 1, line 7, would delete "or regulated" and insert "Village Public Safety Officer Program." CHAIR HOLLAND restated his objection for discussion purposes. 2:31:36 PM CHAIR HOLLAND withdrew his objection. 2:31:47 PM At ease 2:32:14 PM CHAIR HOLLAND reconvened the meeting. CHAIR HOLLAND found no objection, and Conceptual Amendment 1 was adopted. He stated that the committee gives Legislative Legal Services authority to make conforming and technical changes. 2:32:50 PM SENATOR GRAY-JACKSON thanked the committee for hearing SB 7. 2:33:07 PM CHAIR HOLLAND solicited the will of the committee. 2:33:10 PM SENATOR SHOWER moved to report SB 7, work order 32-LS0058\A, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR HOLLAND found no objection, and CSSB 7(JUD) was reported from the Senate Judiciary Standing Committee.