ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 13, 2023
3:12 p.m.
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Jennie Armstrong
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 140
"An Act relating to the State Officers Compensation Commission;
and relating to policies of the Alaska Legislative Council
regarding allowances and reimbursement for moving expenses."
- MOVED CSHB 140(STA) OUT OF COMMITTEE
HOUSE BILL NO. 146
"An Act relating to fireworks; repealing restrictions on the
sale of fireworks; directing the Department of Public Safety to
adopt fireworks regulations; and providing for an effective
date."
- HEARD & HELD
SENATE BILL NO. 38
"An Act establishing the crime of interference with emergency
communications."
- HEARD & HELD
HOUSE BILL NO. 42
"An Act relating to the elimination or modification of state
agency publications that are outdated, duplicative, or
excessive."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 140
SHORT TITLE: LEG SALARIES; STATE OFFICERS COMP COMM
SPONSOR(s): RULES BY REQUEST
03/27/23 (H) READ THE FIRST TIME - REFERRALS
03/27/23 (H) STA
03/28/23 (H) STA AT 3:00 PM GRUENBERG 120
03/28/23 (H) <Bill Hearing Rescheduled to 03/30/23>
03/30/23 (H) STA AT 3:00 PM GRUENBERG 120
03/30/23 (H) Heard & Held
03/30/23 (H) MINUTE(STA)
04/11/23 (H) STA AT 3:00 PM GRUENBERG 120
04/11/23 (H) Moved CSHB 140(STA) Out of Committee
04/11/23 (H) MINUTE(STA)
04/13/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 146
SHORT TITLE: REGULATION OF FIREWORKS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/29/23 (H) READ THE FIRST TIME - REFERRALS
03/29/23 (H) STA, L&C
04/13/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 38
SHORT TITLE: INTERFERENCE WITH EMERGENCY SERVICES
SPONSOR(s): WILSON
01/18/23 (S) PREFILE RELEASED 1/13/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) JUD
01/23/23 (S) JUD AT 1:30 PM BUTROVICH 205
01/23/23 (S) Heard & Held
01/23/23 (S) MINUTE(JUD)
01/30/23 (S) JUD AT 1:30 PM BUTROVICH 205
01/30/23 (S) Moved SB 38 Out of Committee
01/30/23 (S) MINUTE(JUD)
02/01/23 (S) JUD RPT 3DP 2NR
02/01/23 (S) DP: CLAMAN, GIESSEL, KAUFMAN
02/01/23 (S) NR: TOBIN, KIEHL
02/01/23 (S) FIN REFERRAL ADDED AFTER JUD
02/08/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/08/23 (S) Heard & Held
02/08/23 (S) MINUTE(FIN)
03/07/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/07/23 (S) Moved SB 38 Out of Committee
03/07/23 (S) MINUTE(FIN)
03/13/23 (S) FIN RPT 3DP 1NR
03/13/23 (S) DP: OLSON, WILSON, MERRICK
03/13/23 (S) NR: KIEHL
03/17/23 (S) TRANSMITTED TO (H)
03/17/23 (S) VERSION: SB 38
03/20/23 (H) READ THE FIRST TIME - REFERRALS
03/20/23 (H) STA
04/06/23 (H) STA AT 3:00 PM GRUENBERG 120
04/06/23 (H) -- MEETING CANCELED --
04/13/23 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
JOSH WALTON, Staff
Representative Laddie Shaw
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Detailed the rescinded action on HB 140, on
behalf of Chair Shaw.
NOAH KLEIN
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Provided an explanation of changes in the
proposed CS for HB 140, Version B.
LISA PURINTON, Acting Legislative Liaison
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Introduced HB 146, on behalf of the House
Rules Standing Committee, sponsor by request of the governor.
LLOYD NAKANO, State Fire Marshall
Division of Fire and Life Safety
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Presented HB 146 via PowerPoint
presentation, on behalf of the House Rules Standing Committee,
sponsor by request of the governor.
JASMIN MARTIN, Staff
Senator David Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 38, on behalf of Senator
Wilson, prime sponsor.
JAMES COCKRELL, Commissioner
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on SB 38.
JOEL BUTCHER, President
Association of Public-Safety Communications Officials;
National Emergency Numbers Association
Wasilla, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on SB 38.
JACOB BUTCHER, Communications Manager
Mat-Com Dispatch
Wasilla, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on SB 38.
ACTION NARRATIVE
3:12:32 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at 3:12 p.m. Representatives C.
Johnson, Allard, Armstrong, Story, Wright, and Shaw were present
at the call to order. Representative Carpenter arrived as the
meeting was in progress.
HB 140-LEG SALARIES; STATE OFFICERS COMP COMM
3:13:31 PM
CHAIR SHAW announced that the first order of business would be
HOUSE BILL NO. 140, "An Act relating to the State Officers
Compensation Commission; and relating to policies of the Alaska
Legislative Council regarding allowances and reimbursement for
moving expenses." [HB 140, as amended, was moved from committee
on 4/11/23; in committee packets was a proposed committee
substitute (CS) for HB 140, Version 33-LS069\B, Klein/Wallace,
4/11/23, "Version B."]
3:14:01 PM
REPRESENTATIVE WRIGHT moved to rescind the committee's action on
4/11/23 in reporting CSHB 140(STA) [HB 140, as amended on
4/11/23] from committee. There being no objection, it was so
ordered.
3:14:28 PM
REPRESENTATIVE WRIGHT moved to adopt the proposed CS for HB 140,
Version 33-LS069\B, Klein/Wallace, 4/11/23, as the work draft.
CHAIR SHAW objected for the purpose of discussion.
3:14:58 PM
JOSH WALTON, Staff, Representative Laddie Shaw, Alaska State
Legislature, on behalf of Chair Shaw, relayed that Version B
corrected conflicting language in the version of the bill that
moved from committee on 4/11/23. He deferred to Mr. Klein to
provide an explanation of changes in Version B.
3:16:15 PM
NOAH KLEIN, Legislative Legal Services, Legislative Affairs
Agency, recalled that a previously adopted amendment essentially
bifurcated the compensation committee report creating a separate
report for the legislature and a separate report for executive
branch officials. He explained that the amendment used plural
language, while another amendment was in the singular. He
highlighted page 2, line 11, of Version B, noting that the
language in the proposed CS was drafted in the plural to correct
those technical inconsistencies.
3:17:45 PM
CHAIR SHAW removed his objection to the motion to adopt the
proposed CS for HB 140. There being no further objection,
Version B was before the committee.
3:18:00 PM
REPRESENTATIVE WRIGHT moved to report CSHB 140, Version 33-
LS069\B, Klein/Wallace, 4/11/23, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 140(STA) was moved the House
State Affairs Standing Committee.
3:18:34 PM
The committee took an at-ease from 3:18 p.m. to 3:21 p.m.
HB 146-REGULATION OF FIREWORKS
3:21:36 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 146, "An Act relating to fireworks; repealing
restrictions on the sale of fireworks; directing the Department
of Public Safety to adopt fireworks regulations; and providing
for an effective date."
3:22:24 PM
LISA PURINTON, Acting Legislative Liaison, Department of Public
Safety (DPS), provided brief introductory remarks on HB 146, on
behalf of the House Rules Standing Committee, sponsor by request
of the governor.
3:22:57 PM
LLOYD NAKANO, State Fire Marshall, Division of Fire and Life
Safety, Department of Public Safety, presented HB 146 on behalf
of the House Rules Standing Committee, sponsor by request of the
governor. He directed attention to a PowerPoint presentation on
the bill [included in the committee packet], and began on slide
2, titled "What does the bill do," which read as follows
[original punctuation provided]:
• House Bill (HB 146) repeals and reenacts Alaska
Statute (AS) 18.72.010 for the regulation of fireworks
• The Department of Public Safety is required to adopt
regulations to establish minimum standards for the
sale and use of fireworks • International Fire Code
(IFC) standards • National Fire Protection Association
(NFPA) codes • Federal Regulations • Repeals • AS
18.72.020: Regulation of salable fireworks • AS
18.72.030: Fireworks wholesaler's license • AS
18.72.100: Definitions
3:25:04 PM
MR. NAKANO continued to slide 3, titled "Why is the bill
needed," which read as follows [original punctuation provided]:
• Existing statute (AS 18.72) originally adopted over
50 years ago without being substantially amended • Out
of date with modern regulations set at the national
and international level • Statutory changes are not
easily undertaken
3:25:58 PM
MR. NAKANO turned to slide 4, titled "What is changed under this
bill," which read as follows [original punctuation provided]:
Criminal penalties under AS 18.72.040 would be based
on failure to comply with regulations under AS
18.72.010 instead of the Fire Safety Code
Regulations under AS 18.72.010 would supersede the
provisions of an ordinance adopted by a city of
borough, whether before or after May 23, 1969, that
are less restrictive than the regulations
The Fire Safety Code defined in AS 18.72.100 would be
repealed and redefined in regulations adopted by the
Department of Public, Fire and Life Safety Division
MR. NAKANO concluded on slide 5, welcoming questions from
members of the committee.
3:27:04 PM
REPRESENTATIVE ARMSTRONG inquired about the bill's impact on
private companies selling fireworks and the industry in general.
MR. NAKANO stated that the bill would make it easier for the
industry.
3:27:45 PM
REPRESENTATIVE CARPENTER, returning to slide 4, sought to verify
that the provisions in HB 146 would supersede municipal
ordinance. He asked how many cities would be impacted by the
proposed legislation.
MR. NAKANO said the bill would not impact municipalities or
boroughs. Nonetheless, he pointed out that municipalities could
make their own determination to be more stringent.
3:29:20 PM
REPRESENTATIVE STORY sought to confirm that the bill would make
the law less restrictive; however, local municipalities could
choose to enact more restrictive code.
MR. NAKANO confirmed that the bill would not prohibit
municipalities from regulating more restrictively.
MS. PURINTON, in response to Representative Story and
Representative Carpenter, noted that the language in AS
18.72.060 would be repealed from statute and replaced in
regulation; therefore, municipalities would not be impacted.
She offered to provide a sectional analysis of the bill.
3:30:56 PM
REPRESENTATIVE C. JOHNSON shared his understanding that state
statute took precedent over municipal ordinance. He expressed
his confusion as to how regulation could override a municipal
bill.
MS. PURINTON deferred to the Department of Law (DOL).
3:32:53 PM
REPRESENTATIVE C. JOHNSON restated his question regarding the
weight of a statute overruling municipal ordinance versus the
weight of a regulation overruling municipal ordinance.
MR. NAKANO stated that regulations were statewide whereas local
jurisdictions could be more stringent. He referenced the
international fire code, building code, field gas code, and
mechanical code.
REPRESENTATIVE C. JOHNSON contended that those codes were
adopted into statute.
MR. NAKANO shard his understanding that the international fire
code, building code, and mechanical code were adopted into
regulation by DPS.
REPRESENTATIVE ALLARD shared her understanding municipalities
could not supersede state law.
3:35:42 PM
REPRESENTATIVE CARPENTER directed attention to page 2, line 20-
22, which read as follows [original punctuation provided]:
However, nothing in this section affects the authority
of a city or organized borough under other law to
prohibit or regulate more restrictively than
regulations adopted under AS 18.72.010
CHAIR SHAW asked whether that answered Representative C.
Johnson's question.
REPRESENTATIVE C. JOHNSON said not entirely. He asked whether
municipal code could be less restrictive than regulation.
CHAIR SHAW asked Ms. Purinton to follow up on the committee's
questions.
3:37:45 PM
REPRESENTATIVE CARPENTER asked whether the class B
[misdemeanor], as referenced in the bill, was resulting from a
violation of statute or a violation of regulation created by the
commissioner.
MS. PURINTON offered to follow up with the requested
information.
3:39:01 PM
REPRESENTATIVE STORY directed attention to page 2, lines 6-8,
and asked whether DPS was authorized to enter [residential] or
commercial buildings where fireworks were stored or kept.
MS. PURINTON deferred to the state fire marshal for
clarification.
MR. NAKANO responded, "businesses would be for the retail, post-
sale, and displays."
REPRESENTATIVE STORY asked whether the language in question
needed further clarification to avoid entrance into residential
property.
MS. PURINTON offered to follow up with the requested
information.
REPRESENTATIVE ALLARD agreed that the language [on page 2, lines
6-8] needed further clarification.
3:41:11 PM
CHAIR SHAW shared his understanding that the legislation was
accompanied by a zero fiscal note.
MS. PURUNTON answered yes.
3:41:25 PM
CHAIR SHAW opened public testimony on HB 146. After
ascertaining that no one online or in person wished to testify,
he closed public testimony.
3:42:35 PM
CHAIR SHAW announced that HB 142 would be held over.
SB 38-INTERFERENCE WITH EMERGENCY SERVICES
3:42:41 PM
CHAIR SHAW announced that the final order of business would be
SENATE BILL NO. 38, "An Act establishing the crime of
interference with emergency communications."
3:42:55 PM
The committee took a brief at-ease from.
3:44:26 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, presented SB 38, on behalf of Senator Wilson, prime
sponsor. She paraphrased the sponsor statement [included in the
committee packet], which read as follows [original punctuation
provided]:
Senate Bill 38 establishes the offense of interference
with emergency communications. This statute would
apply when a person: repeatedly makes 911 calls to
report something they know has already been reported,
repeatedly calls 911 when there is no emergency, or
harasses or threatens a 911 operator.
Interference with emergency communications -- the
misuse, abuse, and disruption of 911 dispatch centers
-- is a problem that severely impacts public safety
and emergency response by delaying responses to real
emergencies. It is prevalent at dispatch centers
across Alaska and must be addressed.
During these disruptive events, other urgent emergency
calls must be placed on hold or delayed to meet
standards; industry standards are that all 911 calls
must be answered within 15-20 seconds. A dispatcher
could be required to place the parent of a choking
child on hold to answer repeated calls from a
harassing individual who is not in need of emergency
services, delaying necessary life-saving measures.
Under the language in the bill, that harasser could be
charged. Currently, state statute does not address
harassing behavior specific to 911 dispatch centers,
nor does it give law enforcement adequate recourse to
stop the behavior.
This problem is not unique to Alaska. Other states
have developed legislation that makes interfering with
emergency communications an arrestable offense --
which is the most effective way to stop the
interference -- thus allowing 911 telecommunicators to
focus on legitimate emergencies.
3:47:03 PM
CHAIR SHAW proceeded with invited testimony, welcoming
Commissioner Cockrell, Department of Public Safety (DPS).
3:47:25 PM
JAMES COCKRELL, Commissioner, DPS, expressed support for the
proposed legislation on behalf of the department. He said the
bill was long overdue, as emergency dispatch was a lifeline to
law enforcement officers. He indicated that emergency dispatch
was plagued by individuals continuing to call 911 in an attempt
to interfere or complain. He concluded by stating that SB 39
would act as a tool to stop people from making continuous
obstructive 911 calls.
3:49:55 PM
JOEL BUTCHER, President, Association of Public-Safety
Communications Officials; National Emergency Numbers Association
(NENA), stated his support for the proposed legislation, as
there was no existing statute that criminalized this type of
activity. He clarified that the bill was not an attempt to
penalize a person who called 911 in error. Instead, SB 38 would
provide dispatchers the ability to warn callers of their
behavior and provide law enforcement with the authority to
arrest as a last result.
3:51:18 PM
JACOB BUTCHER, Communications Manager, Mat-Com Dispatch,
expressed support for the proposed legislation. He explained
that nonemergency calls to 911 were often handled in stride and
redirected to the appropriate resource; however, in some
instances, explanation and education were not sufficient to
surmount the disruption caused by intentional disorderly and
harassing calls to the 911 center. He attested to several of
such occasions in which emergency dispatch was intentionally
disrupted. He pointed out that in most true emergencies,
seconds count. For that reason, he stated SB 38 would provide a
mechanism with which law enforcement could react swiftly to
resolve these disruptions to Alaska's central public safety
infrastructure. Quick resolution would free up the 911 lines,
unencumber the emergency telecommunicators and responders, and
expedite resources to Alaskans with true time sensitive
emergencies, he said.
3:54:25 PM
CHAIR SHAW shared his understanding that the legislation was
accompanied by a zero fiscal note.
COMMISSIONER COCKRELL confirmed.
3:54:40 PM
REPRESENTATIVE STORY inquired asked how emergency personnel
would assess whether a person "knowingly" called. Additionally,
she asked how individuals with behavioral health issues would be
addressed.
COMMISSIONER COCKRELL outlined the procedures, indicating that
the first step was to warn the caller. If that individual
continued to call, he/she would be making those calls knowingly,
he said. Regarding mental health concerns, he stated that it
would be up to the officer to discern and assess the caller. He
pointed out that disruptive calls were typically coming from a
person who had an unfavorable interaction with police. He
reiterated that the intent was to protect dispatchers, noting
that many other states had enacted similar laws.
REPRESENTATIVE STORY opined that a person with behavioral health
issues should not be arrested. She asked whether Soldotna had a
Crisis Now unit.
COMMISSIONER COCKRELL answered no; however, he shared his
understanding that a Crisis Now unit was being set up in the
Mat-Su valley.
3:59:51 PM
REPRESENTATIVE C. JOHNSON asked whether other types of emergency
communications were being interfered with other than 911
dispatch centers.
MS. MARTIN highlighted the definition of "emergency
communications" in the bill, which included communication made
to or from an emergency communications center or between police
fire, or medical service personnel.
REPRESENTATIVE C. JOHNSON inquired about an emergency broadcast
station, for example. He suggested amending the definition to
include all types of emergency communications, including the act
of stopping a police officer to talk with him/her.
COMMISSIONER COCKRELL explained that the examples of
interference offered by Representative C. Johnson would most
likely be charged with a different crime. Further, he pointed
out that most radio communications between law enforcement and
emergency medical services (EMS) was encrypted.
4:03:31 PM
REPRESENTATIVE ALLARD suggested including interference with
municipalities' emergency management systems in the bill.
MS. MARTIN discussed a similar piece of legislation that was
identical to SB 38 with an added section pertaining to the
physical destruction of emergency communication infrastructure.
She explained that the provision was removed because the conduct
was already a crime.
4:04:40 PM
REPRESENTATIVE STORY asked whether the bill would help with
employee retention.
COMMISSIONER COCKRELL said that was a goal, expressing his hope
that SB 38 would set a new standard and discourage people from
harassing dispatchers.
4:05:35 PM
REPRESENTATIVE CARPENTER expressed support for the concept of SB
38. He suggested that although caller ID was utilized, a person
other than the registered owner of the phone could have placed
the call. He asked how a law enforcement officer would identify
the true caller.
MS. MARTIN said often, callers provide their name. Further, law
enforcement officers would be sent immediately to actively stop
the disruptive calls from continuing.
COMMISSIONER COCKRELL pointed out that any police action was
accompanied by an investigation. Additionally, any arrest would
be supported by probably cause and a submitted report to the
district attorney. He encouraged the committee not to overthink
the legislation.
4:07:41 PM
CHAIR SHAW opened public testimony on SB 38. After ascertaining
that no one online or in person wished to testify, he closed
public testimony. He announced that SB 38 would be held over.
4:08:46 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:08
p.m.