SB 98-VPSO FIREARMS  9:46:14 AM CHAIR DYSON announced that SB 98 was before the committee. 9:46:48 AM DAVID SCOTT, Staff, Senator Olson, Alaska State Legislature, Juneau, Alaska, said the sponsor wanted to state on the record that he objects to the characterization of Village Safety Police Officers (VPSO) as a private police force. He said VPSOs are public safety officers of the state; they were created in state law and are paid from state funds. The VPSO program is a unique partnership between the state and the regional nonprofits and also municipalities. He said VPSOs work daily with the Alaska State Troopers (AST). He added that when VPSOs make arrests, they transfer perpetrators to AST. He asserted that VPSOs are not a private prison and not a private police force. He said the sponsor would also like to note, and it has been talked about in committee, that Alaska is a very unique place and we all take a lot of pride in that uniqueness. The VPSO program is a unique Alaskan solution to a unique Alaskan issue. He pointed out that AST cannot travel to rural Alaska as it can in the state's other rural regions. He said there is a difference between rural Alaska and the rest of rural America, the difference is lack of roads. He said the sponsor is very supportive of the VPSO program and noted that VPSOs are on the first line of defense. He remarked that VPSOs are the first responders in a place in Alaska where it is tough to have AST fulltime. SENATOR GIESSEL commented that Alaska is very unique and noted that the State has other unique programs like Community Health Aides in addition to Community Dental Aides, all because of the state's rural configuration. She said her examples are analogous and asserted that the noted aides were also professionals that meet high standards. 9:49:31 AM CHAIR DYSON asked if anyone in the committee room would like to testify. 9:49:48 AM SERGEANT CHRIS GIFFORD, Public Safety Employees Association (PSEA), Juneau, Alaska, addressed Senator Giessel's statement pertaining to health aides in rural Alaska. He opined that the health aides are probably certified health aides through the training and education required to provide those services. He said SB 98 can be improved upon and noted that SB 98 essentially authorizes VPSOs to carry a firearm in the same manner as a police officer. He set forth that PSEA believes that VPSOs should be trained to the same standards that police officers and AST are. He explained that the purposes of the stringent training is to ensure that in a deadly force or a potential deadly force situation, the VPSO is capable to determine whether deadly force is in fact authorized and that no other option is available. He said it is the job of citizens and lawmakers to guide those responsible for protecting the public by making sure that those who do protect the public have the best training that they can get. He summarized that PSEA's position is that VPSOs should receive full police training if they are going to carry firearms and possibly using deadly force. 9:51:48 AM JAKE METCALFE, Executive Director, Public Safety Employee Association (PSEA), Anchorage, Alaska, noted his background with VPSOs. He referred to the Alaska Rural Justice and Law Enforcement Commission Report of 2006, a report that pointed out a lack of public safety in rural Alaska. He noted a comment in the report as follows: It is safe to assume that no group of Caucasian communities would tolerate similar circumstances and that would demand equal protection under the law. MR. METCALFE pointed out that the VPSO program training covers five basic areas: law enforcement, firefighting, search and rescue, water safety, and emergency medical services. He stated that VPSO training differs from basic law enforcement training. He said VSPOs have different duties and do not work under the same standards as law enforcement. He set forth that PSEA takes great pride in the members that it represents and it is concerned about the standards and the training that its members get. He asserted that bad-apples are unfortunately in every group in society. Standards and training provide the opportunity to make sure that the best people are working in positions of trust. He asserted that if the VPSOs are state employees, carry weapons, and perform law enforcement duties, VPSOs should work under the same training and standards that other state and local law enforcement employees work under. He set forth that PSEA thinks it is important to the community that VPSOs have equal protection under the law, just like everybody else in Alaska. He said PSEA urges the committee to include the same training that other law enforcement officers in Alaska have. He asserted that PSEA believes that the same training for VPSOs protects the state, the native nonprofits, the VPSOs, and the people within the village. He summarized that PSEA urges the committee to make sure that VPSOs work under the same training and standards with enough money provided so that VPSOs can get the needed training. 9:57:05 AM SENATOR WIELECHOWSKI announced that he has an amendment and offered Amendment 1. CHAIR DYSON objected for discussion. SENATOR WIELECHOWSKI explained that Amendment 1 is a simple amendment that requires VPSOs who carry firearms meet the minimum standards that are consistent with the standards adopted for police officers. He asserted that fundamentally the VPSOs should have the same training as those in urban Alaska. SENATOR GIESSEL said the North Slope Borough employs its own VPSOs who are armed. She asked how many issues or problems have the North Slope Borough had with armed VPSOs. 9:58:26 AM MONICA SOUTHWORTH, Staff, Senator Wielechowski, Alaska State Legislature, Juneau, Alaska, answered that she is available to answer technical questions about Amendment 1. SENATOR GIESSEL stated that the amendment's sponsor indicated that unless the more defining amendment is adopted, VPSOs will not be competent to carry firearms. She pointed out that there have not been firearm incidents with VPSOs in the North Slope Borough. She recalled her comment about certified health aides hired by the Alaska Native Tribal Health Consortium (ANTHC) that are not state licensed. She revealed that the ANTHC health aides program has demonstrated competency in hiring professionals. SENATOR COGHILL noted that the original language is "Meet minimum standards training for carrying firearms" and the amendment states "Minimum standards consistent with standards adopted by the Police Standards Council." He asked what the difference was between minimum standards and the standards by the Police Standards Council. 10:00:40 AM MS. SOUTHWORTH replied that the amendment before the committee directly addresses some of the concerns that were brought up by Sergeant Gifford and by Mr. Metcalf in regards to having extensive training which is more than the bill currently requires. SENATOR WIELECHOWSKI pointed out that the amendment specifically referenced AS 18.65.240, a statute that specifies the standards for training. He explained that the amendment sets forth that the training should be the same as police officers under AS 18.65.240. He read the following: The person may not be appointed as a police officer except on a probationary basis unless the person: 1. Satisfactorily completed a basic program of police training approved by the Council which includes at least 12 hours of instruction regarding domestic violence as defined in AS 18.66.990. 2. Possesses other qualifications the council has established for the appointment of police officer including minimum age, education, physical and mental standards, citizenship, moral character and experience. The Council shall prescribe the means of presenting evidence of fulfillment of these requirements. SENATOR WIELECHOWSKI summarized that the difference is the statute as currently written has minimum standards and without definition. He said the amendment will define the minimum standards. He added that the North Slope Borough employs police officers and not VPSOs. He explained that the North Slope Borough police officers would be required to meet the standards under the amendment. 10:02:24 AM SENATOR COGHILL asked the aide to the bill's sponsor of the bill to respond to Senator Wielechowski's comments. MR. SCOTT addressed Senator Coghill's question and noted that the sponsor objects to Senator Wielechowski's amendment. He specified that the sponsor has received assurances from the Department of Public Safety (DPS) that VPSOs, those who apply to carry firearms, will receive the identical arms training of ATS and municipal police with the very same instructors at the very same training facility. He added that DPS is on record stating that VPSOs will receive identical psychological evaluations that AST and municipal police receive. He said the arming of VPSOs is going to happen, possibly as soon as May 1 when the regulations are done. He revealed that DPS is changing the regulations to allow VPSOs to be armed. SENATOR COGHILL asked what would happen if the VPSOs were placed under the Police Standards Council requirements. 10:04:15 AM MR. SCOTT replied that the issue comes down to funding. He said the sponsor is very concerned that the fiscal note would get to the point where the increased costs would threaten the communities and the VPSOs who serve. SENATOR COGHILL remarked that he is hearing that the State would have an additional cost. He noted that the communities would have a choice and would bear the cost if they choose to arm their VPSOs. He disclosed that he likes the idea of mandating the same standards, but stated that he would honor the wishes of the sponsor. He set forth that the issue comes down to who will be paying the added cost. CHAIR DYSON asked what the proposed amendment's fiscal impact would be. SENATOR WIELECHOWSKI explained that training would cost approximately $9,000 for each VPSO; an amount that is not much different than what the proposed training cost. 10:06:10 AM CHAIR DYSON announced that he will maintain his objection and asked for a roll call vote. Senators Wielechowski voted yea; Senators Giessel, Coghill, Chair Dyson voted nay; therefore Amendment 1 fails. 10:06:48 AM MIKE COONS, representing himself, Palmer, Alaska, noted his support in arming VPSOs. He said his biggest concern pertains to the VPSO training and how DPS handles investigations when a firearm is used. 10:10:37 AM CHAIR DYSON announced the committee will stand at ease. 10:10:50 AM CHAIR DYSON remarked to Mr. Coons that his concerns are addressed in the bill's fiscal note. He asked Mr. Scott to address Mr. Coon's concerns. MR. SCOTT replied that the liability issue has been raised and addressed by DPS. CHAIR DYSON asked what was stated by DPS. MR. SCOTT answered that DPS has stated that every incident will be fully investigated. He said DPS has also stated on the record that part of the fiscal note covers liability insurance that goes to the regional nonprofits or local municipality administering the VPSO program. CHAIR DYSON noted that DPS representatives have spoken quite a bit in favor of arming VPSOs with active supervision, training, and cooperation. He conceded that there will be some inadequate performances due to human nature. He recalled that arming VPSOs has been an issue that has come up for the last six or seven years. He noted seeing an opinion shift from not arming VPSOs to arming VPSOs. CHAIR DYSON revealed that he recently raised the question of what is done with a VPSO who has to deal with a nuisance bear in a local dump. He said clearly the response was that the VPSO is expected to use his shotgun and do whatever is necessary to scare the bear away or shoot the bear if there are no other options. He questioned where a VPSO is allowed to use a weapon to protect a village from bears but the same VPSO is the only person in a village who cannot be armed in other dangerous situations that are less predictable than dealing with a bear. He shared with the committee that life changes when a gun is pulled. He said even for a VPSO to pull their weapon to point at another individual that significant things change. He added that if there is ever a firearm discharge and someone is wounded or killed, huge investigations will follow. He explained that given so many communities that are very small and the State's inability to cover the small communities with AST, doctors, or expert teachers, there has got to be some adjustments to deal with a real situation. He remarked that AST has nearly as good of reputation as the Canadian Mounties. He explained that the Canadian Mounties have very similar responsibilities and have to cover vast territories where there may be no law enforcement ever or a community constable and it is a symbiotic relationship not unlike what Alaska expects with ATS in rural areas. He set forth that the state has come to about as good a solution as the State can at this time. 10:16:03 AM CHAIR DYSON asked if there was objection to SB 98 going forward. He closed public testimony. 10:16:10 AM SENATOR GIESSEL SENATOR moved to report SB 98, labeled 28- LS0754\A from committee with individual recommendations and attached fiscal note(s). 10:16:20 AM CHAIR DYSON announced seeing no objection, SB 98 is reported from the Senate State Affairs Standing Committee.