SB 231-VILLAGE PUBLIC SAFETY OFFICER GRANTS  4:15:54 PM CHAIR REVAK reconvened the meeting and announced the consideration of SENATE BILL NO. 231, "An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date." 4:16:10 PM SENATOR DONNY OLSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 231, said this bill was introduced to implement the nine recommendations of the VPSO Working Group's report which was adopted on January 24, 2020. He explained that the Village Public Safety Officer (VPSO) program was created in the late 1970s to assist in the protection of life and property and coordinate probation and parole in rural communities. He said while VPSOs have provided valuable service to participating areas, the past decade has seen shrinking numbers of VPSOs, significant difficulty in recruitment and retention of officers, and community needs that surpass the current duties of VPSOs. There is undoubtedly a need to address the crisis in public safety infrastructure and service in rural Alaska, he said. Last May, Senate President Cathy Giessel and House Speaker Bryce Edgmon appointed members to a joint VPSO Working Group and tasked them to find ways to improve the VPSO program. Representative Chuck Kopp and he served as co-chairs of the group. SENATOR OLSON said the working group was assigned to coordinate with stakeholders to examine the underlying causes of the recruitment and retention obstacles and provide proposals to turn around the epidemic rate of personnel turnover within the VPSO program. The VPSO Working Group met several times over the interim with VPSO coordinators throughout the state and the Department of Public Safety (DPS). The results of these meetings are summarized in a report that was finalized in January 2020. This report included recommendations for the first phase of changes identified to improve the program. He said SB 231 incorporates the Working Group's recommendations into statutes except for the recommendation for an increase in funding, which must be done through an appropriation bill. He reported that one of the biggest changes is to move financial grant management and oversight function to the Department of Commerce, Community, and Economic Development [VPSO Working Group Recommendation 6]. The DCCED is a natural department to handle many other grant programs. He explained that the Alaska Police Standards Council training, and experience requirements, and oversight authority will remain at the Department of Public Safety as per [VPSO Working Group Recommendation 7]. SENATOR OLSON said while all parties recognize more will need to be done in order to have a strong and vibrant VPSO program, this is a first step in laying the groundwork for more to come in this vital program. 4:18:38 PM SENATOR COGHILL asked the sponsor to provide the sectional analysis of the bill. 4:19:23 PM DENISE LICCIOLI, Staff, Senator Donny Olson, Alaska State Legislature, Juneau, Alaska, on behalf of the sponsor, read the following sectional analysis for SB 231: Section 1 (pages 1-3) Amends AS 12.62.400 regarding criminal history background checks and adds VPSO program personnel as a program the Department of Public Safety is authorized to secure background checks via the Federal Bureau of Investigation. The substantive change occurs on page 3, lines 19 and 20. Section 2 (page 3) Related to Section 1, Amends AS 18.65.080, one of the Department of Public Safety's enabling statutes. The amendment requires that the Department secure the background checks for VPSO program personnel. Sections 1 and 2 implement Recommendation 2 regarding creating more financial flexibility for the program. At one point the Department of Public Safety (DPS) was conducting background checks for the VPSO program then unilaterally stopped with no notice to the grantee organizations. Sections 1 and 2 together make it clear that background checks are a DPS function for the VPSO Program. Section 3 (pages 3-8) In current statute the VPSO program has only one statute, AS 18.65.670. Section 3 proposes to repeal and reenact the statute and add multiple new subsections. Subsection (a) has been rewritten to incorporate the duties and functions that VPSO personnel are currently performing but are not codified in the existing statute. This implements Recommendation 1. Subsection (b) is mostly similar to existing (b), but it has been updated here to include references to the commissioner of Commerce, Community, and Economic Development (DCCED, or "Department of Commerce") and to include federal recognized tribes as organizations that can be awarded a VPSO grant. This implements Recommendation 6. 4:22:18 PM Subsection (c) is new and is the statutory codification of current DPS regulation 13 AAC 96.020 with changes to reflect that DCCED will be performing financial management of the grants. This implements Recommendations 6 and 9. Subsection (d) is new and is the statutory codification of current DPS regulation 13 AAC 96.030 with changes to reflect that DCCED will be performing financial management of the grants. Further changes remove the prohibition of existing 13 AAC 96.030(2) that prevents the payment of bonuses from other non- VPSO grant revenue sources. Also removed are the indemnification and insurance requirements from the grantee organizations. These changes implement Recommendations, 2, 4-6, and 9. Subsection (e) is new and is the partial statutory codification of current DPS regulations 13 AAC 96.040 and .050 with changes to reflect that DCCED will be performing financial management of the grants. Further changes remove the requirement from existing 13 AAC 96.040(a)(1) that villages receiving a VPSO placement must provide the office space, phone, holding cell. This in conjunction with new (k) of this bill section makes clear that these costs can be paid for with VPSO grant funds. Subsection (f) is new and is the partial statutory codification of current DPS regulations 13 AAC 96.040, specifically, (a)(2). This subsection sets the overall policy that one VPSO is generally assigned to one village unless the grantee organization requests additional VPSO personnel per village. The changes reflect a more neutral and less harsh tone than the language from the regulation. Subsection (g) is new and is the partial statutory codification of current DPS regulations 13 AAC 96.040, specifically proposed new (a)(2). This can be found in the Working Group's Report, Appendix 2, page 4. This new provision allows for traveling or "roving" VPSO personnel who are permitted to itinerate between villages within a grantee's region as public safety needs arise. These changes implement Recommendations 1, 2, and 9. 4:26:03 PM Subsection (h) is new and is the partial statutory codification of current DPS regulations 13 AAC 96.040, specifically (b) with changes to reflect that DCCED will be performing financial management of the grants. New (h) contains grant award record keeping requirements and other grant management requirements. These changes implement Recommendations 1, 2, and 9. Subsection (i) contains new regulation adopting authority for the DPS commissioner, subject to the new consultation requirements of new (l) of this bill section. These changes implement Recommendations 1, 2, and 8. Subsection (j) allows for funding grantee organizations' indirect rates up to a statewide average of 35%. This language has been used as intent language in multiple prior operating budget bills. These changes partially implement Recommendations 2, 4-5. 4:27:29 PM Subsection (k) is new and provides explicit instruction to the DCCED commissioner on grant fund disbursement. Specifically, that grant funds can be used for items reasonably related to public safety and VPSO duties as codified in this bill. Further, grant fund disbursement is to be timely and funding request are not to be unreasonably withheld. These changes partially implement Recommendation 2. Subsections (l) and (m) are related to new (i) and provides for a consultation and negotiated rule-making process for when any of the three state agencies involved with the VPSO program exercise their regulation adopting authority. These changes implement Recommendation 8. 4:28:24 PM Section 4 (pages 8-14) Creates new statutes: AS 18.65.672 is the statutory codification of current DPS regulation 13 AAC 96.080 dealing with VPSO qualification requirements. These changes implement Recommendation 9. AS 18.65.674 is the statutory codification of current DPS regulation 13 AAC 96.090 dealing with VPSO background checks. These changes implement Recommendation 9. AS 18.65.676 is the statutory codification of current DPS regulation 13 AAC 96.100 dealing with VPSO training requirements. These changes implement Recommendations 1 and 9. AS 18.65.678 is the statutory codification of current DPS regulations 13 AAC 96.040(b)(8) and 13 AAC 96.100 dealing with VPSO firearm training requirements. These changes implement Recommendation 9. AS 18 65.682 is the statutory codification of current DPS regulation 13 AAC 96.110 dealing with VPSO certification. These changes implement Recommendation 9. AS 18.65.684 is the statutory codification of current DPS regulation 13 AAC 96.120 dealing with the denial, revocation, or lapse of a VPSO certificate. These changes implement Recommendations 9. AS 18.65.686 is a definitional section to deal with various terms used throughout the new statutory sections. 4:30:48 PM Section 5 (page 14) Adds a new paragraph to the DCCED duties to accommodate the VPSO grant management functions being transferred from DPS. These changes implement Recommendation 6. Section 6 (page 14) Creates in the uncodified law a standard grandfather provision for existing VPSO personnel who may have been certified under different training requirements than what is provided for in this bill. Section 7 (page 14). Creates in the uncodified law a requirement that DPS continue its current level of interaction between itself and the VPSO personnel. That requirement is codified in current VPSO statute AS 18.65.670(c) with the language relating to DPS regulation authority extending to "the interaction between the Department of Public Safety and village public safety officers." This requirement is maintained by bill section 3(i) which uses the exact wording regarding DPS regulation authority. Section 8 (pages 14 -15) Provides that the grant application requirements, which are transferring to DCCED become effective on July 1, 2020. Section 9 (page 15). Provides that all other sections of the bill have an immediate effective date. MS. LICCIOLI advised that VPSOs have 24 months to get certified and complete all training. A VPSO's duties include more than just police services, so the provision in Section 4 will allow them to participate in search and rescue operations and other activities. Until certification is complete, the VPSO can work with a trooper but he or she cannot work solely as an officer. 4:32:27 PM She deferred to Mr. Wallner to answer specific questions. 4:32:59 PM LEONARD WALLNER, VPSO Coordinator, Chugachmiut, Anchorage, Alaska, spoke in support of SB 231. He explained that Chugachmiut is a tribal consortium representing Prince William Sound and Lower Cook Inlet. It is one of ten grantees working under the VPSO program. He related that in 2016 he retired from a 25 year career with the Alaska State Troopers, the last nine years of which was as the statewide coordinator. He said the VPSO program has evolved since 1979, so updating the statutes is a necessity. Chugachmiut supports SB 231, particularly the provisions to tailor the program for each grantee and region within the state, the flexibility to reprogram funding, and the elimination of unfunded mandates. He emphasized the importance of clarifying the duties and responsibilities of VPSOs, including the ability to conduct investigations. The training component also plays a significant role, he said. 4:36:58 PM AMANDA PRICE, Commissioner, Department of Public Safety, Anchorage, Alaska, spoke in opposition to SB 231. She commented that this is the first time that Department of Public Safety (DPS) has been invited to provide testimony even though the companion bill has been moving through the legislative process. She stated that DPS's mission is to ensure public safety with resources deployed throughout the state. In order to accomplish this mission and protect the life and property of Alaskans, DPS is committed to working across the state with numerous law enforcement professions, many communities, and all lawmakers and stakeholders. The department is always seeking ways to collaborate on solutions to increase public safety. She acknowledged that public safety in rural areas has been challenging for Alaska since statehood. The department has made progress by hiring 44 state troopers last year and 15 more who are currently attending the public safety academy who will be deployed to rural communities. Increasing the number of officers in a larger number of communities is one of the Department of Public Safety's core goals. Still, a great deal of work needs to be done, she said. The DPS would also like to discuss how to improve rural public safety outside of the VPSO program. She said SB 231 incorporates recommendations by the VPSO Working Group. This group was tasked with reviewing and strengthening the VPSO program. The department provided written comments on the bill, which she outlined for the committee. COMMISSIONER PRICE said the bill would transfer the administration of the VPSO program to the Department of Commerce, Community and Economic Development (DCCED). In the spirit of meeting the VPSO Working Group's recommendation, the DPS has actively engaged in conversations with the DCCED to immediately move the grant oversight to that department. She said DPS is experiencing an administrative delay in its Reimbursable Service Agreement (RSA) of funding to the DCCED, but she anticipated it would soon be completed. 4:39:17 PM COMMISSIONER PRICE said SB 231 will allow eligible grant applicants to include all federally recognized tribes. The department supports this expansion and believes direct funding for allowing tribes to hire officers locally could be very beneficial to public safety in Alaska. She noted that moving from 10 eligible applicants to more than 200 grant applicants will create some hiccups and challenges in administering the grants. However, she offered her view that with support it could be accomplished. She expressed concern that the bill also includes eligible applicants of municipalities with less than 10,000 people, which includes larger communities such as Kenai and Soldotna. Not only does that seem to conflict with the spirit of the VPSO program, but it could create jurisdictional concerns as many of those larger municipalities have existing police departments. 4:40:29 PM COMMISSIONER PRICE highlighted that liability insurance poses another challenge. She explained that insurance companies have been unwilling to insure non law enforcement agencies conducting law enforcement functions. Currently, only one company has been willing to insure VPSOs, she said. While DPS has not had adequate time to vet the implication of expanding the program to include the federally recognized tribes, it has been engaged in obtaining more information on any impacts. She anticipated an associated fiscal note. Although the bill adds a layer of complexity to an already complex program, it can likely be clarified through discussions, she said. She said DPS was needs to understand the intent of some provisions in the bill. Specifically, DPS is unclear what it means that DPS would participate in "monitoring public safety performance" of VPSOs. The department has historically found this challenging because VPSOs are not state employees, so the DPS cannot influence performance even when the department has identified performance related issues. The department also needs clarification on what is referenced as background investigation, as opposed to the fingerprint clearance check that DPS and DCCED would complete. 4:42:09 PM COMMISSIONER PRICE said the DPS also will need clarification on other technical and logistical issues in the bill, including the requirement to complete annual reviews on grantees' performance. COMMISSIONER PRICE said DPS does not support the current version of SB 231, primarily because the candidates who would be eligible to become VPSOs could have felony convictions. DPS does not support people with felony convictions serving as peace officers. As written, the bill allows a convicted felon on active parole to investigate a felony crime with little or no training. For example, someone who is on parole for a felony conviction of child pornography could be hired as a VPSO and actively investigate child pornography. Although some felonies are excluded, candidates with felony records for drug dealing or registered sex offenders could become VPSOs. She said numerous issues could arise by allowing convicted felons to serve as police officers, which the DPS views as very damaging to public safety. She expressed interest in having the Department of Law analyze the impact on the criminal justice court process if convicted sex offenders conduct investigations. The character and integrity of law enforcement professionals is critically important during testimony in criminal cases and affects outcomes of court cases. 4:44:55 PM COMMISSIONER PRICE said the Department of Public Safety (DPS) supports more officers serving in rural Alaska but it does not believe that lowering the standards of those serving in positions of significant authority in rural communities will serve the interest of public safety. The department recommends that all felony convictions disqualify VPSO applicants. Aside from the necessity that peace officers possess good moral character, several practical concerns arise when VPSOs have felony records. For example, VPSOs have access to various criminal justice information systems necessary to perform their jobs. However, federal law denies access to these data systems by anyone with a felony conviction. Federal law also prohibits convicted felons from possessing firearms. Even if the VPSOs are not authorized to carry firearms, during their duties they may be required to seize a firearm, which would be in violation of federal law. Further, the bill would allow VPSOs to serve for 24 months without any training. Although existing regulations authorize the same timeframe, DPS is concerned since the bill expands VPSO authorities to include investigation of felony crimes, including homicides and sexual assaults. It could be very damaging to communities to have VPSOs serving for two years without adequate training, she said. COMMISSIONER PRICE said the department looks forward to transferring the grant administration to the DCCED. Several tribes have already reached out to the department, eager to potentially secure funding through the appropriation, she said. 4:47:14 PM SENATOR COGHILL referenced her March 4, 2020 letter and asked if she worked with the VPSO Working Group that made recommendations for the program. COMMISSIONER PRICE replied DPS was invited to the first meeting, but not to subsequent meetings. SENATOR COGHILL asked the sponsor to respond. 4:48:34 PM SENATOR OLSON deferred to his staff but offered to provide a response in writing. 4:49:53 PM MS. LICCIOLI answered that she just received the March 4, 2020 letter outlining the department's concerns. She said the sponsor is working on amendments or a committee substitute that will incorporate some of Commissioner Price's recommendations, and with the sponsor of the companion bill to address changes. CHAIR REVAK said he supports the intent of the bill and wants the committee to do its due diligence and get it right. He asked for any amendments to be submitted by March 16, 2020. 4:52:39 PM MAYOR LUCY NELSON, Mayor, Northwest Arctic Borough (NWAB), Kotzebue, Alaska, stated that the borough serves about 7,700 people throughout 11 communities in the Northwest Arctic. She was just elected mayor but served on the assembly for eight years. She said she is familiar with the VPSO program since the borough has managed the program since 2011. Prior to that, the VPSO program was under the Maniiiaq Association, she said. MAYOR NELSON said the borough administration and assembly supports SB 231 but has several recommendations. The VPSO Working Group came to Kotzebue and met with the public safety commission to address the issues within the VPSO program. The borough does not have the financial resources to manage the monies. In 2018, the borough budget of $1.3 million for the program provided funding for seven VPSOs and a coordinator. Of the 11 communities in the NWAB, Kotzebue is the only one with a police force. None of the other 10 communities has a skilled VPSO, although the borough has one candidate enrolled in the VPSO training program. She related that residents do not feel safe because these communities lack law enforcement presence. She reminded members that the Alaska State Troopers must fly in to provide service to the villages. The VPSOs serve as first responders. This bill is important to the borough to protect its residents. She asked the legislature to restore the 2018 VPSO budget. 4:55:32 PM SENATOR COGHILL commented that the bill will need some work to address the DPS concerns and agreed with the mayor that funding was needed. He commended the work that the borough has done for the community. CHAIR REVAK echoed Senator Coghill's comments. MAYOR LUCY NELSON said the Northwest Arctic Borough reestablished the VPSO program and it is currently working on rebuilding it to attract young people to the program, but the borough now needs the funding. [SB 231 was held in committee.]