ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         March 8, 2022                                                                                          
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sara Hannan, Co-Chair                                                                                            
Representative Calvin Schrage, Co-Chair                                                                                         
Representative Harriet Drummond                                                                                                 
Representative Ken McCarty                                                                                                      
Representative Kevin McCabe                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Josiah Patkotak, Vice Chair                                                                                      
Representative Mike Prax                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 143                                                                                                             
"An  Act  relating  to horizontal  property  regimes  and  common                                                               
interest communities; and relating  to mortgages, deeds of trust,                                                               
and other property liens."                                                                                                      
                                                                                                                                
     - MOVED SB 143 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 256                                                                                                              
"An  Act  relating  to  the   Alaska  Police  Standards  Council;                                                               
relating  to   municipal  correctional  officers   and  municipal                                                               
correctional employees; making  municipal police officers subject                                                               
to police  standards; requiring the  Department of  Public Safety                                                               
to  submit  a  yearly  use-of-force report  to  the  legislature;                                                               
requiring a  municipality that  employs a  person as  a municipal                                                               
police  officer  or in  a  municipal  correctional facility,  the                                                               
Department of Corrections, or the  Department of Public Safety to                                                               
report to  the Federal Bureau  of Investigation incidents  of use                                                               
of force  by state and  municipal police, probation,  parole, and                                                               
correctional   officers  and   municipal  correctional   facility                                                               
employees; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 309                                                                                                              
"An Act  exempting candidates for municipal  office and municipal                                                               
office holders in  municipalities with a population  of 15,000 or                                                               
less from financial or  business interest reporting requirements;                                                               
relating to campaign finance reporting by certain groups; and                                                                   
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 143                                                                                                                  
SHORT TITLE: COMMON INTEREST COMMUNITIES; LIENS                                                                                 
SPONSOR(s): SENATOR(s) REVAK                                                                                                    
                                                                                                                                
01/18/22       (S)       PREFILE RELEASED 1/7/22                                                                                
01/18/22       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/22       (S)       L&C                                                                                                    
02/09/22       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/09/22       (S)       Moved SB 143 Out of Committee                                                                          
02/09/22       (S)       MINUTE(L&C)                                                                                            
02/11/22       (S)       L&C RPT  3DP                                                                                           
02/11/22       (S)       DP: STEVENS, MICCICHE, GRAY-JACKSON                                                                    
02/16/22       (S)       TRANSMITTED TO (H)                                                                                     
02/16/22       (S)       VERSION: SB 143                                                                                        
02/17/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/22       (H)       L&C                                                                                                    
02/17/22       (H)       CRA REFERRAL ADDED BEFORE L&C                                                                          
03/01/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/01/22       (H)       Heard & Held                                                                                           
03/01/22       (H)       MINUTE(CRA)                                                                                            
03/03/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/03/22       (H)       Heard & Held                                                                                           
03/03/22       (H)       MINUTE(CRA)                                                                                            
03/08/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 256                                                                                                                  
SHORT TITLE: LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                            
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
01/18/22       (H)       PREFILE RELEASED 1/7/22                                                                                
01/18/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/22       (H)       CRA, STA, FIN                                                                                          
03/08/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 309                                                                                                                  
SHORT TITLE: APOC; CAMPAIGN CONTRIBUTIONS/REPORTING                                                                             
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS                                                                                    
                                                                                                                                
02/07/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/22       (H)       CRA, STA                                                                                               
03/03/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/03/22       (H)       Heard & Held                                                                                           
03/03/22       (H)       MINUTE(CRA)                                                                                            
03/08/22       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GERAN TARR                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 256.                                                                      
                                                                                                                                
BESSE ODOM, Staff                                                                                                               
Senator Elvi Gray-Jackson                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-presented HB 256.                                                                                     
                                                                                                                                
DAVID SONG                                                                                                                      
Staff to Representative Geran Tarr                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Gave a sectional analysis for HB 256 on                                                                  
behalf of Representative Tarr, prime sponsor.                                                                                   
                                                                                                                                
KELLY HOWELL                                                                                                                    
Special Assistant/Legislative Liaison                                                                                           
Office of the Commissioner                                                                                                      
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during the hearing                                                                
on HB 256.                                                                                                                      
                                                                                                                                
JOSEPH GAMACHE                                                                                                                  
Executive Director, Alaska Police Standards Council                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
256.                                                                                                                            
                                                                                                                                
JOHN HANDELAND, Mayor                                                                                                           
City of Nome                                                                                                                    
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified in support of HB 256.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:05:29 AM                                                                                                                    
                                                                                                                                
CO-CHAIR CALVIN  SCHRAGE called the House  Community and Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:05  a.m.                                                               
Representatives  McCarty, Drummond,  Hannan, McCabe,  and Schrage                                                               
were present at the call to order.                                                                                              
                                                                                                                                
           SB 143-COMMON INTEREST COMMUNITIES; LIENS                                                                        
                                                                                                                                
8:06:19 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE  announced that  the  first  order of  business                                                               
would  be SENATE  BILL NO.  143, "An  Act relating  to horizontal                                                               
property regimes  and common  interest communities;  and relating                                                               
to mortgages, deeds of trust, and other property liens."                                                                        
                                                                                                                                
8:06:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN addressed  a concern expressed by  a testifier at                                                               
the prior  hearing on SB  143, wherein the testifier  thought the                                                               
proposed  legislation  would  make  it  more  challenging  for  a                                                               
property  owner  to  be  represented.     She  posited  that  the                                                               
circumstance described by the testifier  already exists under the                                                               
law and  would not be  a result of SB  143, which she  said would                                                               
bring all  condo associations  to equal  standing under  law; all                                                               
would have  the benefit of  the same notification  and protection                                                               
by ensuring  that "the condo  association debt that  is otherwise                                                               
shared by the  other property owners has protective  claim."  She                                                               
indicated that [the testifier] had  referenced the Alaska Housing                                                               
Finance Corporation  (AHFC) as  being an asset  to that,  and she                                                               
noted that  the committee had  not received a formal  letter from                                                               
AHFC because that entity does  not take positions on legislation.                                                               
Notwithstanding  that, she  said, "I  feel pretty  confident that                                                               
they're good  with that, that  this helps make sure  that there's                                                               
an avenue  to protect the  collective homeowners - not  an easier                                                               
way  to  foreclose, but  a  protection  for  those who  are  left                                                               
behind."                                                                                                                        
                                                                                                                                
8:08:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  offered his  interpretation of SB  143 was                                                               
that it  would actually fix  that which concerned  the testifier.                                                               
He indicated  his support  for SB 143,  stating that  "the banks'                                                               
response  to HOAs  [homeowners associations]  has been  a problem                                                               
for a number of years."                                                                                                         
                                                                                                                                
8:09:05 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HANNAN moved  to report  SB 143  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection, SB 143  was reported out of  the House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
         HB 256-LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                     
                                                                                                                                
8:09:31 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SCHRAGE announced that the  next order of business would                                                               
be HOUSE  BILL NO.  256, "An  Act relating  to the  Alaska Police                                                               
Standards  Council; relating  to municipal  correctional officers                                                               
and  municipal correctional  employees;  making municipal  police                                                               
officers subject  to police  standards; requiring  the Department                                                               
of Public  Safety to submit  a yearly use-of-force report  to the                                                               
legislature; requiring a municipality that  employs a person as a                                                               
municipal  police   officer  or   in  a   municipal  correctional                                                               
facility,  the Department  of Corrections,  or the  Department of                                                               
Public Safety  to report to  the Federal Bureau  of Investigation                                                               
incidents  of  use  of  force  by  state  and  municipal  police,                                                               
probation,  parole,  and   correctional  officers  and  municipal                                                               
correctional facility  employees; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
8:09:40 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:09 a.m. to 8:13 a.m.                                                                       
                                                                                                                                
8:12:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor, presented  HB 256.  She  said she has been  working with                                                               
Senator Gray-Jackson,  whose staff, in  addition to her  own, has                                                               
joined her  to present HB  256.  She  stated the interest  in the                                                               
proposed  legislation comes  from  the desire  to improve  public                                                               
safety   and  build   trust  between   the   community  and   law                                                               
enforcement.    She said  she  grew  up  in  a household  with  a                                                               
dispatcher and detective, and has spent  a lot of time around law                                                               
enforcement professionals, and  she knows it is  a difficult job.                                                               
She acknowledged that "one bad apple can ruin the whole bunch."                                                                 
                                                                                                                                
8:15:04 AM                                                                                                                    
                                                                                                                                
BESSE  ODOM,  Staff,  Senator  Elvi  Gray-Jackson,  Alaska  State                                                               
Legislature,  co-presented  HB 256.    She  stated that  civilian                                                               
casualties have  drawn greater attention to  policing and police-                                                               
to-community relations, as well as  created momentum to address a                                                               
long-standing  injustice  within society.    She  stated that  in                                                               
2020,  the offices  of Senator  Gray-Jackson  and Senator  Begich                                                               
worked  together  to  develop  a  series  of  bills,  drafted  by                                                               
Legislative Legal and Research Services,  that are referred to as                                                               
"TPIP" - turning  pain into progress.  She said  TPIP was crafted                                                               
following  the  national  "Eight   Can't  Wait"  campaign,  which                                                               
comprises  eight  specific  policies   proven  to  reduce  police                                                               
violence by  as much  as 72  percent when  implemented correctly.                                                               
She said the  Senators realized that that campaign  should not be                                                               
applied to a  place as unique as Alaska, and  time and effort was                                                               
expended in drafting  the bills related to TPIP  to be customized                                                               
specifically for Alaska.  She  listed public safety agencies that                                                               
were involved:   the Alaska Police Department,  the Alaska Police                                                               
Employees Association,  the Public Safety  Employees Association,                                                               
and   the  National   Organization  of   Black  Law   Enforcement                                                               
Executives.  This proactive approach  brings confidence in moving                                                               
forward  with the  implementation of  public policy  changes that                                                               
will benefit both Alaska citizens and law enforcement officers.                                                                 
                                                                                                                                
8:17:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  stated that  HB 256 addresses  the reporting                                                               
of  the use  of force  into the  Federal Bureau  of Investigation                                                               
(FBI)  database and  aligns  training  requirements of  municipal                                                               
correctional officers  to those  already in training  and working                                                               
for the  state.  She deferred  to her staff, David  Song, to give                                                               
the sectional analysis of HB 256.                                                                                               
                                                                                                                                
8:17:49 AM                                                                                                                    
                                                                                                                                
DAVID  SONG,  Staff,  Representative  Geran  Tarr,  Alaska  State                                                               
Legislature,  on behalf  of Representative  Tarr, prime  sponsor,                                                               
gave the  sectional analysis for  HB 256, [hard copy  included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section  1:  AS  18.65.220  is amended  by  adding  new                                                                    
     subsections (b)  which will  require a  police officer,                                                                    
     probation    officer,    parole   officer,    municipal                                                                    
     correctional  officer,   or  correctional   officer  to                                                                    
     report, to  a supervisor, when another  officer used or                                                                    
     prepared  to use  deadly force  against  a person.  (c)                                                                    
     requires  that the  Council  shall  maintain a  central                                                                    
     registry  of denied  or  revoked officer  certificates.                                                                    
     (d) requires  that the Council shall  adopt and prepare                                                                    
     a  report detailing  the  registry  information to  the                                                                    
     chief  clerk of  the house  of representatives  and the                                                                    
     senate secretary no  later than Dec. 1st  of each year.                                                                    
     (e) states that upon  request, the Council shall assist                                                                    
     a department, an agency,  or municipality in developing                                                                    
     rules that  comply with  regulations adopted  under (b)                                                                    
     of this section.                                                                                                           
                                                                                                                                
     Section 2: AS 18.65.285 is  amended to replace the word                                                                    
     "may" with "shall."                                                                                                        
                                                                                                                                
     Section  3:  AS  18.65.290(b)   is  amended  to  define                                                                    
     "municipal correctional officer."                                                                                          
                                                                                                                                
     Section  4:  AS 18.65.290  is  amended  to add  "deadly                                                                    
     force" has the meaning given in AS 11.81.900(b)                                                                            
                                                                                                                                
     Section  5:  AS 18.65.670  (c)  is  amended to  provide                                                                    
     training in the subjects set out in 18.65.220(a)(3).                                                                       
                                                                                                                                
     Section 6: Amends AS 29.71  by adding a new section, AS                                                                    
     29.71.070, use of force reporting requirement.                                                                             
                                                                                                                                
     Section  7:  Amends  AS  44.28.020   by  adding  a  new                                                                    
     subsection (d)  that requires the Department  of Public                                                                    
     Safety to submit  a report on each incident  in which a                                                                    
     probation  officer, parole  officer, or  a correctional                                                                    
     officer uses  force against a  person. The  report must                                                                    
     include information required under AS 44.41.055(b).                                                                        
                                                                                                                                
     Section  8:  Amends  AS  44.41.020   by  adding  a  new                                                                    
     subsection  to read:  The Department  of Public  Safety                                                                    
     shall   submit  the   to  the   statewide  use-of-force                                                                    
     database, each time a State  trooper, VPSO, or regional                                                                    
     public safety officer uses force against a person.                                                                         
                                                                                                                                
     Section 9: AS 44.41.055 is  amended by a new section to                                                                    
     establish  a Statewide  use-of-force  database and  its                                                                    
     requirements.                                                                                                              
                                                                                                                                
     Section 10: AS 18.65.280(b) is repealed.                                                                                   
                                                                                                                                
     Section 11: The  uncodified law of the  State of Alaska                                                                    
     is  amended by  adding a  new section  that applies  to                                                                    
     employment contracts entered on  or after the effective                                                                    
     date of sec. 2 of this Act.                                                                                                
                                                                                                                                
     Section 12: Amends  the uncodified law of  the State of                                                                    
     Alaska   by  adding   a  new   section  pertaining   to                                                                    
     transition: employment, peace  officers. Giving them an                                                                    
     effective date  of sec. 10  of this Act to  comply with                                                                    
     AS 18.65.240 requirements.                                                                                                 
                                                                                                                                
     Section 13:  Amended by adding a  new section regarding                                                                    
     regulations  of  the  Department  of  Corrections,  the                                                                    
     Department  of Public  Safety, and  municipalities that                                                                    
     employ  a   person  as  a   police  officer  or   in  a                                                                    
     municipality   correctional  facility   to  adopt   and                                                                    
     publish regulations.                                                                                                       
                                                                                                                                
     Section 14:  Section 13 provides for  an effective date                                                                    
     under AS 01.10.070(c).                                                                                                     
                                                                                                                                
     Section  15: Provides  for an  effective  date of  this                                                                    
     Act.                                                                                                                       
                                                                                                                                
8:21:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said  the proposed  bill sets  new standards                                                               
and  outlines   "who  would   be  responsible   to  participate."                                                               
Referring to  information addressed  in Section  7, she  said the                                                               
FBI  is  not  currently  inputting   that  information  into  its                                                               
database;  therefore,  in  places   where  the  terms  "probation                                                               
officer", "parole  officer", or "correctional officer"  are used,                                                               
she said she  is interested in removing  those references because                                                               
"it wouldn't  be necessary  to align with  the data  that's being                                                               
collected  by the  FBI,"  and  "if they  collect  it, there'd  be                                                               
nowhere to  send it."   Regarding Section  8, she  indicated that                                                               
the FBI  is collecting  information from  state troopers  but not                                                               
from  the  village public  safety  officers  (VPSOs) or  regional                                                               
public  safety  officers;  therefore,  she said  there  would  be                                                               
recommendations in the  interest of alignment.  She  noted HB 256                                                               
would  have "very  little fiscal  impact."   She  then related  a                                                               
recommendation by  the Department  of Corrections to  change "one                                                               
year" - shown on page 4, line  17 - to "two years" to accommodate                                                               
the timing of bill passage and training blocks.                                                                                 
                                                                                                                                
8:26:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  directed attention  to language on  page 2                                                               
of HB 256, beginning on line 3, which read:                                                                                     
                                                                                                                                
     an incident  in which an  officer used deadly  force or                                                                    
     prepared to use deadly force                                                                                               
                                                                                                                                
REPRESENTATIVE MCCABE,  [regarding the reference in  Section 1 to                                                               
reporting whether the  officer was prepared], said  he thinks the                                                               
word  "prepared" needs  further definition,  since he  questioned                                                               
what  officer  is   not  prepared  to  use   deadly  force  [when                                                               
necessary].                                                                                                                     
                                                                                                                                
REPRESENTATIVE   TARR  expressed   willingness  to   discuss  the                                                               
language  with  the Alaska  Police  Standards  Council (APSC)  to                                                               
ensure clarity.                                                                                                                 
                                                                                                                                
8:27:45 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SCHRAGE noted that representatives  from the council and                                                               
the Department  of Public Safety  (DPS) were available  to answer                                                               
questions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  MCCABE  suggested  he   could  offer  a  friendly                                                               
amendment to add definition.                                                                                                    
                                                                                                                                
8:28:23 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN  said she  wants to  understand the  structure in                                                               
order "to make sure that we're improving it."                                                                                   
                                                                                                                                
REPRESENTATIVE TARR  responded that  the reporting system  is new                                                               
to the  FBI, implemented in 2019.   She deferred to  Kelly Howell                                                               
to address  the uniform crime  report (UCR), which  is "something                                                               
that we've long been participating in."                                                                                         
                                                                                                                                
8:30:31 AM                                                                                                                    
                                                                                                                                
KELLY  HOWELL, Special  Assistant/Legislative Liaison,  Office of                                                               
the Commissioner,  Department of Public Safety,  outlined that HB                                                               
256 has  two requirements in  terms of  data collection:   one is                                                               
for APSC for decertification database, and  one is for the use of                                                               
force database.  She explained  that APSC is responsible both for                                                               
certifying   and  decertifying   police  officers,   correctional                                                               
officers,  and  parole officers  in  Alaska.    She said  HB  256                                                               
contemplates requiring APSC to maintain  a statewide database for                                                               
any officers  that are  decertified by  the council,  which would                                                               
allow the information  to be shared with other  state agencies in                                                               
law enforcement, for example, if  an officer applies with another                                                               
state  agency.    In  response   to  a  follow-up  question,  she                                                               
confirmed there is a national decertification index.                                                                            
                                                                                                                                
8:33:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  noted   Representative  Tarr's  sponsor                                                               
statement contains  a description  of the report,  which includes                                                               
demographic information related to  the person against whom force                                                               
was  used.   She  noted  the  information includes  "age,  gender                                                               
identity,   and   sexual   orientation  freely   given   by   the                                                               
individual."  She asked whether race  or ethnicity is part of the                                                               
report.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  TARR recollected  that  "an  earlier version"  of                                                               
this  legislation  contained  more specific  requirements.    She                                                               
advised  that the  requirements of  the  report can  be found  in                                                               
Section 1, [subsection](d), on page 1, lines 15-18], which read:                                                                
                                                                                                                                
     (d) The  council shall prepare  a report  detailing the                                                                    
     central  registry information  updates  that have  been                                                                    
     entered in the preceding year  and submit the report to                                                                    
     the  chief clerk  of the  house of  representatives and                                                                    
     the senate secretary not later  than December 1 of each                                                                    
     year.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  also referred to  language in Section  6, on                                                               
page 3, [lines 18-22], which  addresses "use of force" reporting.                                                               
In response  to a follow-up  request for  clarification regarding                                                               
demographics,  she  said,  "It'll  be  consistent  with  what  is                                                               
required through the  FBI reporting, and Ms. Howell  has the list                                                               
of those items that we could share."                                                                                            
                                                                                                                                
REPRESENTATIVE  DRUMMOND  explained  she was  seeking  where  the                                                               
demographic information "about the  person against whom force was                                                               
used is defined."                                                                                                               
                                                                                                                                
REPRESENTATIVE TARR replied, "It will  be consistent with what is                                                               
required through the  FBI reporting."  She noted  that Ms. Howell                                                               
has a list of those items.                                                                                                      
                                                                                                                                
8:35:39 AM                                                                                                                    
                                                                                                                                
MS. HOWELL,  in response to  Co-Chair Schrage, confirmed  she had                                                               
the list with  her, and at his invitation read  it.  The elements                                                               
required in the  demographic information of both  the officer and                                                               
the person against  whom force was used are the  following:  age,                                                               
sex, race, ethnicity, height, and weight.                                                                                       
                                                                                                                                
8:37:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCABE  directed   attention   to  a   paragraph                                                               
beginning  on  page 2,  line  5,  and  he  said it  "talks  about                                                               
everybody except VPSOs."                                                                                                        
                                                                                                                                
8:38:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR explained  that  APSC does  not certify  the                                                               
VPSOs.    She  read  the  document  [subsequently  added  to  the                                                               
committee   packet]  which   provides  the   definition  of   law                                                               
enforcement  officers   killed  and   assaulted  (LEOKA).     The                                                               
definition read as follows [original punctuation provided]:                                                                     
                                                                                                                                
     The FBI defines a  law enforcement officer according to                                                                    
     the  Law  Enforcement  Officers  Killed  and  Assaulted                                                                    
     (LEOKA) definition,  which is as follows:  All federal,                                                                    
     state,  tribal,  county,   and  local  law  enforcement                                                                    
     officers  (such as  municipal, county  police officers,                                                                    
     constables,  state  police, highway  patrol,  sheriffs,                                                                    
     their  deputies,  federal   law  enforcement  officers,                                                                    
     marshals, special agents, etc.)  who are sworn by their                                                                    
     respective  government authorities  to  uphold the  law                                                                    
     and  safeguard  the  rights,  lives,  and  property  of                                                                    
     American citizens.  They must  have full  arrest powers                                                                    
     and   be  members   of   a   public  governmental   law                                                                    
     enforcement  agency,  paid  from government  funds  set                                                                    
     aside  specifically for  payment  to  sworn police  law                                                                    
     enforcement  organized  for  the  purposes  of  keeping                                                                    
     order  and for  preventing  and  detecting crimes,  and                                                                    
     apprehending  those responsible.  For this  collection,                                                                    
     parole and  probation officers, and  juvenile detention                                                                    
     officers and not included.                                                                                                 
                                                                                                                                
REPRESENTATIVE MCCABE suggested  there is a possible  hole in the                                                               
legislation because police officers  who have been disciplined or                                                               
have had their  certificates revoked could move to  a village and                                                               
become VPSOs.                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR responded that she  would need to think about                                                               
that; however, currently  VPSOs are separate from  other types of                                                               
officers in statute, in terms of training requirements.                                                                         
                                                                                                                                
8:41:01 AM                                                                                                                    
                                                                                                                                
MS.  HOWELL noted  that  DPS,  not APSC,  certifies  VPSOs.   She                                                               
reasoned that  if APSC  had revoked a  certificate from  a police                                                               
officer, then that information would be known by DPS.                                                                           
                                                                                                                                
REPRESENTATIVE  MCCABE  inquired  how  that  would  work  if  the                                                               
decertified officer came  from another state and applied  to be a                                                               
VPSO in Alaska.                                                                                                                 
                                                                                                                                
MS. HOWELL confirmed that DPS would do a background check.                                                                      
                                                                                                                                
8:42:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE  asked Ms.  Howell  to  expound upon  the  VPSO                                                               
hiring process.                                                                                                                 
                                                                                                                                
MS. HOWELL stated  that the process exists  under regulation, and                                                               
there are  two bills under  consideration that would  codify that                                                               
process in statute.                                                                                                             
                                                                                                                                
8:44:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked   about  the  distinction  between                                                               
deadly force and intent to use deadly force.                                                                                    
                                                                                                                                
MS.  HOWELL advised  that deadly  force and  force currently  are                                                               
defined under AS  11.81.900.  She offered  her understanding that                                                               
pointing a  gun at someone  would be considered preparing  to use                                                               
deadly force.  In response  to a follow-up question, she referred                                                               
to the  FBI's national database  as providing the criteria  to be                                                               
met.                                                                                                                            
                                                                                                                                
8:49:09 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE proffered  that the  act of  grabbing someone's                                                               
arm may  be interpreted by  an observer as  being a use  of force                                                               
but  is not  a use  of force  if it  is not  listed in  the FBI's                                                               
national database as such.                                                                                                      
                                                                                                                                
MS. HOWELL confirmed that is correct.                                                                                           
                                                                                                                                
REPRESENTATIVE MCCARTY  underlined the  importance of  making any                                                               
amendments necessary to refer to the definition of use of force.                                                                
                                                                                                                                
8:49:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   said  she  would  ask   Legislative  Legal                                                               
Services to  ensure the  language of  HB 256  is clear  about the                                                               
definitions.                                                                                                                    
                                                                                                                                
8:50:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND   directed  attention  to   language  in                                                               
Section  5,  on page  3,  [beginning  on  line 10],  which  read:                                                               
"Regulations adopted  by the commissioner of  public safety under                                                               
this subsection  may not prohibit village  public safety officers                                                               
who otherwise  meet minimum standards and  training from carrying                                                               
firearms."  She recollected that  the legislature had given VPSOs                                                               
the  ability to  train in  academy  in order  to carry  firearms,                                                               
which gives them the opportunity  to use deadly force; therefore,                                                               
she said  she agrees  with Representative  McCabe about  "a hole"                                                               
where VPSOs are concerned.  She  pointed out that while the state                                                               
may not hire VPSOs, it provides  the funding to the agencies that                                                               
hire and fire them.                                                                                                             
                                                                                                                                
REPRESENTATIVE   TARR  indicated   that   some   [types  of   law                                                               
enforcement] may need  to be "pulled out" of  certain sections of                                                               
HB 256 in order to  maintain alignment with the information being                                                               
collected by  the FBI.   She noted that  Alaska is unique  in its                                                               
use of VPSOs.                                                                                                                   
                                                                                                                                
8:54:42 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN  inquired how many certified  police officers and                                                               
VPSOs are in  Alaska.  She explained she wanted  the committee to                                                               
avoid getting  distracted by the  scale of a loophole  she thinks                                                               
is small.                                                                                                                       
                                                                                                                                
8:55:45 AM                                                                                                                    
                                                                                                                                
JOSEPH  GAMACHE,  Executive  Director,  Alaska  Police  Standards                                                               
Council, answered  that presently there are  "about 1,446" active                                                               
police officers in Alaska.                                                                                                      
                                                                                                                                
8:56:45 AM                                                                                                                    
                                                                                                                                
MS.  HOWELL answered  there  are fewer  than  50 VPSOs  currently                                                               
employed in the state, with funding for up to 55.                                                                               
                                                                                                                                
CO-CHAIR  HANNAN  commended  the  efforts of  state  agencies  in                                                               
collecting  data  and  observed  that  efforts  may  need  to  be                                                               
adjusted to align with the FBI database.                                                                                        
                                                                                                                                
REPRESENTATIVE TARR  talked about the benefit  of federal funding                                                               
coming available  for additional training  or support.   She said                                                               
identifying problems could open avenues to solutions.                                                                           
                                                                                                                                
8:59:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  brought up  the issue  of confidentiality                                                               
and asked how  HB 256 is "protecting the individual  in their ...                                                               
security of themselves."   He said "this" has "the  same feel" as                                                               
requiring  a sex  offender to  register.   He also  mentioned The                                                             
Scarlet  Letter.   Regarding  [an  officer  who has  had  his/her                                                             
certification  revoked],  he  asked   whether  HB  256  would  be                                                               
"incarcerating them in society."                                                                                                
                                                                                                                                
REPRESENTATIVE TARR discussed  aggregate data, acknowledging that                                                               
in small departments it may be  easier to [figure out an identity                                                               
of an  individual] when race  or ethnicity have been  listed, for                                                               
example; however,  the idea of  aggregate identity is  to protect                                                               
individual  identity  by  studying  trends.    Regarding  central                                                               
registry  data, she  said that  information is  shared among  law                                                               
enforcement  professionals, and  she  deferred to  Ms. Howell  to                                                               
address what information might be turned over to the public.                                                                    
                                                                                                                                
9:03:19 AM                                                                                                                    
                                                                                                                                
MS. HOWELL said she envisions  the information is kept internally                                                               
for  hiring purposes  for law  enforcement  agencies; the  report                                                               
that would  be produced  for the  legislature would  be aggregate                                                               
data without information that would identify individuals.                                                                       
                                                                                                                                
9:03:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE asked  for confirmation  that  the database  is                                                               
confidential.                                                                                                                   
                                                                                                                                
MS. HOWELL confirmed that is correct.                                                                                           
                                                                                                                                
REPRESENTATIVE MCCARTY  offered his  understanding that  once the                                                               
information is  provided to the  legislature, it is no  longer as                                                               
secure.                                                                                                                         
                                                                                                                                
9:04:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  directed  attention  again  to  Section  1,                                                               
[subsection] (d), on page 2,  [text previously provided], and she                                                               
specified  that  the report  referenced  would  be the  aggregate                                                               
report.     She  talked  about  reviewing   policy  and  offering                                                               
training, including de-escalation training.                                                                                     
                                                                                                                                
9:07:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY drew attention to  [Section 2], on page 2,                                                               
[lines 22-26], which read as follows:                                                                                           
                                                                                                                                
     *  Sec.  2.  AS  18.65.285 is  amended  to  read:  Sec.                                                                    
     18.65.285.   Municipal    correctional   employees.   A                                                                    
     municipality  that  employs   persons  in  a  municipal                                                                    
     correctional  facility   shall  [MAY,   BY  ORDINANCE,]                                                                    
     require that those persons meet  the requirements of AS                                                                    
     18.65.130 - 18.65.290 that  are applicable to municipal                                                                    
     correctional officers.                                                                                                     
                                                                                                                                
REPRESENTATIVE MCCARTY  asked how  this fits  in with  home rule,                                                               
"now we  are telling the  'munis' we  are not going  to recognize                                                               
home rule."                                                                                                                     
                                                                                                                                
REPRESENTATIVE TARR  noted that  it is  not an  unfunded mandate.                                                               
She pointed to language on page  4, line 17, of HB 256, regarding                                                               
the addition  of a second year  in which to "loop"  officers into                                                               
training,  which  would  benefit  the  officers  and  communities                                                               
without adding fiscal  impact.  She clarified  that those officer                                                               
are  going to  be  hired  anyhow and  simply  would get  training                                                               
provided  by  the state  "in  a  way  that  we have  capacity  to                                                               
provide."                                                                                                                       
                                                                                                                                
9:09:57 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HANNAN   asked  whether   DPS  or  the   Department  of                                                               
Corrections (DOC) has official positions on HB 256.                                                                             
                                                                                                                                
9:10:16 AM                                                                                                                    
                                                                                                                                
MS.  HOWELL  answered  that  although  [DPS]  holds  no  official                                                               
position  on  HB 256,  it  "supports  any efforts  that  increase                                                               
transparency and improve public  trust with their law enforcement                                                               
officers."                                                                                                                      
                                                                                                                                
[HB 256 was held over.]                                                                                                         
                                                                                                                                
         HB 309-APOC; CAMPAIGN CONTRIBUTIONS/REPORTING                                                                      
                                                                                                                                
9:10:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SCHRAGE  announced that  the  final  order of  business                                                               
would be  HOUSE BILL  NO. 309, "An  Act exempting  candidates for                                                               
municipal office  and municipal office holders  in municipalities                                                               
with a  population of 15,000  or less from financial  or business                                                               
interest  reporting requirements;  relating  to campaign  finance                                                               
reporting  by  certain groups;  and  providing  for an  effective                                                               
date."   [Before the  committee, adopted on  3/3/22 as  a working                                                               
document, was the proposed committee  substitute (CS) for HB 309,                                                               
Version 320LS0540\G, Bullard, 2/24/22 ("Version G").]                                                                           
                                                                                                                                
9:10:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SCHRAGE opened public testimony on HB 309.                                                                             
                                                                                                                                
9:11:07 AM                                                                                                                    
                                                                                                                                
JOHN HANDELAND, Mayor,  City of Nome, testified in  support of HB                                                               
256.  He gave his background  as a public official, having served                                                               
7 terms as mayor.  He  observed that the reporting requirement of                                                               
the Alaska Public  Offices Commission (APOC) seems  to deter some                                                               
people  from  running  for  public   office.    He  talked  about                                                               
familiarity  when   living  in   small  communities,   and  about                                                               
disclosure and the  issue of confidentiality.   He questioned the                                                               
extension of the  effective date, and he suggested  July 1, 2022,                                                               
as an appropriate effective date.                                                                                               
                                                                                                                                
9:16:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SCHRAGE,  after ascertaining there  was no one  else who                                                               
wished to testify, closed public testimony on HB 309.                                                                           
                                                                                                                                
[HB 309 was held over.]                                                                                                         
                                                                                                                                
9:16:38 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 9:16 a.m.