ALASKA STATE LEGISLATURE  SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE  April 27, 2021 3:30 p.m. MEMBERS PRESENT Senator Shelley Hughes, Chair Senator Robert Myers, Vice Chair Senator Elvi Gray-Jackson Senator David Wilson MEMBERS ABSENT  Senator Lyman Hoffman COMMITTEE CALENDAR  HOUSE BILL NO. 10 "An Act relating to the Funter Bay marine park unit of the state park system; relating to protection of the social and historical significance of the Unangax cemetery located in Funter Bay; providing for the amendment of the management plan for the Funter Bay marine park unit; and providing for an effective date." - HEARD & HELD SENATE BILL NO. 81 "An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: HB 10 SHORT TITLE: FUNTER BAY MARINE PARK: UNANGAN CEMETERY SPONSOR(s): REPRESENTATIVE(s) HANNAN 02/18/21 (H) PREFILE RELEASED 1/8/21 02/18/21 (H) READ THE FIRST TIME - REFERRALS 02/18/21 (H) RES, FIN 02/24/21 (H) TRB REPLACES FIN REFERRAL 02/24/21 (H) BILL REPRINTED 03/01/21 (H) RES AT 1:00 PM BARNES 124 03/01/21 (H) -- MEETING CANCELED -- 03/03/21 (H) RES REFERRAL MOVED TO AFTER TRB 03/03/21 (H) BILL REPRINTED 03/09/21 (H) TRB AT 8:00 AM DAVIS 106 03/09/21 (H) Heard & Held 03/09/21 (H) MINUTE(TRB) 03/11/21 (H) TRB AT 8:00 AM DAVIS 106 03/11/21 (H) Moved HB 10 Out of Committee 03/11/21 (H) MINUTE(TRB) 03/12/21 (H) TRB RPT 4DP 03/12/21 (H) DP: FIELDS, ORTIZ, CRONK, ZULKOSKY 03/26/21 (H) RES AT 1:00 PM BARNES 124 03/26/21 (H) Heard & Held 03/26/21 (H) MINUTE(RES) 03/31/21 (H) RES AT 1:00 PM BARNES 124 03/31/21 (H) Moved HB 10 Out of Committee 03/31/21 (H) MINUTE(RES) 04/05/21 (H) RES RPT 7DP 2NR 04/05/21 (H) DP: MCKAY, FIELDS, CRONK, HOPKINS, HANNAN, SCHRAGE, PATKOTAK 04/05/21 (H) NR: RAUSCHER, GILLHAM 04/09/21 (H) TRANSMITTED TO (S) 04/09/21 (H) VERSION: HB 10 04/12/21 (S) READ THE FIRST TIME - REFERRALS 04/12/21 (S) CRA, RES 04/23/21 (S) RES AT 3:30 PM BUTROVICH 205 04/23/21 (S) 04/27/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg) BILL: SB 81 SHORT TITLE: VILLAGE PUBLIC SAFETY OFFICER GRANTS SPONSOR(s): SENATOR(s) OLSON 02/12/21 (S) READ THE FIRST TIME - REFERRALS 02/12/21 (S) CRA, STA, FIN 04/20/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg) 04/20/21 (S) Heard & Held 04/20/21 (S) MINUTE(CRA) 04/27/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER REPRESENTATIVE SARA HANNAN Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 10. TIM CLARK, Staff Representative Sara Hannan Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Delivered a presentation on HB 10 on behalf of the sponsor. PRESTON KROES, Superintendent Southeast Region Alaska State Parks Department of Natural Resources (DNR) Juneau, Alaska POSITION STATEMENT: Answered questions about HB 10. RICKY GEASE, Director Division of Parks and Outdoor Recreation Department of Natural Resources Anchorage, Alaska POSITION STATEMENT: Stated support for HB 10 on behalf of the division. SENATOR DONNY OLSON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of SB 81. KEN TRUITT, Staff Senator Donny Olson Alaska State Legislature POSITION STATEMENT: Answered questions regarding SB 81. JASON WILSON, Manager and VPSO Coordinator Public Safety Department Central Council Tlingit and Haida Indian Tribes of Alaska Juneau, Alaska POSITION STATEMENT: Testified in support of SB 81. MICHAEL NEMETH, VPSO Coordinator Aleutian Pribilof Islands Association Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 81. DARRELL HILDEBRAND, VPSO Coordinator Public Safety Director Tanana Chiefs Conference Fairbanks, Alaska POSITION STATEMENT: Testified in support of SB 81. ACTION NARRATIVE 3:30:28 PM CHAIR SHELLEY HUGHES called the Senate Community and Regional Affairs Standing Committee meeting to order at 3:30 p.m. Present at the call to order were Senators Gray-Jackson, Myers, and Chair Hughes. Senator Wilson arrived soon thereafter. HB 10-FUNTER BAY MARINE PARK: UNANGAN CEMETERY  3:31:33 PM CHAIR HUGHES announced the consideration of HOUSE BILL NO. 10 "An Act relating to the Funter Bay marine park unit of the state park system; relating to protection of the social and historical significance of the Unangan cemetery located in Funter Bay; providing for the amendment of the management plan for the Funter Bay marine park unit; and providing for an effective date." She identified the invited testifiers. 3:32:20 PM REPRESENTATIVE SARA HANNAN, Alaska State Legislature, Juneau, Alaska, sponsor of HB 10, explained that this legislation proposes to add the cemetery in Funter Bay to the existing Funter Bay State Marine Park, which is located about 14 miles due west of Juneau on the northern tip of Admiralty Island. She said this was an ocean away for the Unangax people who were forced to relocate from the Pribilof Islands, and the ecosystem was completely different. She noted that this bill was heard in the 31st legislature, but did not make it through the process. 3:33:32 PM CHAIR HUGHES recognized that Senator Wilson had joined the committee. REPRESENTATIVE HANNAN continued the introduction of HB 10 relaying the information in the following sponsor statement: [Original punctuation provided.] HB 10 will transfer the parcel of land that includes the Unangax cemetery in Funter Bay from the Department of Natural Resources Division of Land Mining and Water to the Department of Natural Resources Division of Parks and Recreation. The parcel will be added to the Funter Bay Marine Park unit of the state park system for land management. HB 10 will preserve the cemetery and ensure its protection so that we may remember those who died and recognize the social and historical significance of the site. When the Japanese invaded the Aleutian Islands during WWII, the Unangax people were forcibly removed from the Pribilof Islands and interned in Southeast Alaska. Some were sent to Killisnoo near Angoon, others were sent to Burnett Inlet, some were sent to other Southeast locations and the rest were sent to Funter Bay near Juneau. They were given little notice and the villagers could take only what they could carry. It was hasty and traumatic. The Unangax were abandoned in old cannery bunk houses not meant to house so many people and not built for protection from winter's harshness. Entire families were sheltered in small cubicles that were separated sometimes only by blankets. The living conditions were unsanitary and there was inadequate food supply, no medical care, and no facilities for bathing, cooking or using the bathroom. Less than 30 miles away in Excursion Inlet, 700 Nazi Afrika Korps officers were imprisoned at a POW camp. The Nazis, sworn enemies of the United States and allies, were treated far better than the Unangax because their conditions were guaranteed by international law. The 700 German prisoners all returned home after the war without a single one dying during their imprisonment. Back on the Pribilofs, the homes of the Unangax were occupied by the U.S. military and looted, vandalized and some were even burned down. The Unangax men were forced back to the Pribilofs to harvest seal during the summer months because the revenue was a source of income for the U.S. government. The men did not want to leave their families but were told that they would not be permitted to return to their homes after the war if they did not help harvest seal. This is a disturbing parallel to when the Russians enslaved the Unangax nearly two centuries earlier and forced them to harvest seal on the then uninhabited Pribilofs. The Unangax were left in the camp almost two years after it was considered safe to return home. The deadly conditions of the camp left the Unangax people to suffer needlessly. As a direct result of this policy, many Unangax interned in Southeast died and some are buried in a cemetery in Funter Bay. The descendants of those who were lost have maintained the grave sites for 75 years. This bill will protect the cemetery and surrounding area for future generations without any additional cost to the state. REPRESENTATIVE HANNAN stated that HB 10 would move 250 acres of state land in Funter Bay into an existing state marine park that was established in the early 1980s. She explained that when constituents brought the idea for protecting the cemetery forward, she approached the Department of Natural Resources who suggested moving all remaining parcels of state land in the bay into the state park. The department pointed out that consolidating management under the Division of State Parks and Recreation would be more efficient than the current two agency management and oversight system. REPRESENTATIVE HANNAN said HB 10 will protect the historical and cultural significance of the cemetery that has about 35 graves. She directed attention to an image of the Unangax Cemetery and noted that the first headstone was for a baby that died in the fall of 1942, just a few months after arriving. She pointed out that the residents of the other internment camps throughout Southeast were able to return home two years earlier than those who were held in Funter Bay. She summarized that SB 10 preserves the cemetery by placing it in an existing state park, and it is at the request of descendants of those who have family members buried at the Funter Bay Unangax Cemetery. 3:40:09 PM CHAIR HUGHES asked if the baby whose grave marker she mentioned died the same year as the relocation. REPRESENTATIVE HANNAN answered yes; it was June 1942. CHAIR HUGHES asked what year the Funter Bay detainees were allowed to return to the Pribilofs. REPRESENTATIVE HANNAN answered that people from Dutch Harbor were allowed return home in 1944. 3:41:12 PM CHAIR HUGHES asked if there is any formal designation of the cemetery as an historical site and if it has a formal name. REPRESENTATIVE HANNAN answered that the cemetery has always been known and it will be protected by being in the state marine park, but it is rural and rustic. The Russian Orthodox Church has been working with descendants to arrange memorial visits and a working group has been cleaning up and maintaining the grave sites for five or six years. The working group and the Friends of Admiralty Island have plans to put up historical markers and signage. She deferred further explanation to her staff who is part of the working group. 3:44:25 PM TIM CLARK, Staff, Representative Sara Hannan, Alaska State Legislature, Juneau, Alaska, stated that the working group has been meeting weekly for about three years. This is a dedicated group of descendants from Saint Paul and Saint George, people from the Aleutians, the Tlingit & Haida community in Southeast, Friends of Admiralty Island, and the Juneau City Museum. He advised that the signage that was mentioned is intended to help identify the short trail from the beach to the cemetery. 3:46:48 PM CHAIR HUGHES commented that she has roots in the general area of Funter Bay, but she did not realize that the people relocated to Funter Bay were from Saint Paul and Saint George, which is where her husband spent time in the 1970s to the 1990s providing medical care. She asked how long it takes to travel from Juneau to Funter Bay by water. 3:47:22 PM REPRESENTATIVE HANNAN answered that it depends on the speed of the boat but generally it is from 60-90 minutes. She noted that the limiting factor often isn't the distance, but that the water from the northern end of Admiralty Island down to Funter Bay can be treacherous. 3:49:08 PM CHAIR HUGHES commented on the possibility of a committee field trip to Funter Bay and asked how many graves were in the cemetery. REPRESENTATIVE HANNAN answered that the U.S. National Park Service looked at the possibility of an historical designation for all the relocation camps and that survey determined that there are 32 documented graves at Funter Bay. However, that does not account for the unmarked graves and those that were moved to the cemetery in Juneau where there was a Russian Orthodox priest. CHAIR HUGHES asked Mr. Clark to proceed with the PowerPoint. 3:50:28 PM MR. CLARK advised that the PowerPoint provides visual aids for the information Representative Hannon has already given. He directed attention to the image on slide 2 of the Unangax Cemetery in Funter Bay in 2017. This was the trip that he accompanied then Speaker Edgmon and his constituents from the Pribilofs and other locations in western Alaska to commemorate the 75th anniversary of the relocation. He noted that the very moving ceremony included Tlingit elders, Russian Orthodox Church officials, and other interested parties. A large cross was erected to mark the entrance to the cemetery. MR. CLARK displayed the maps on slides 3 and 4 that offer a perspective of the location of Funter Bay on the west side of Admiralty Island relative to Juneau and a close up of the land designations around the shoreline of the bay. The sections marked A01 reflect the 162 acres of the existing Funter Bay Marine Park. The section marked A02 is the primary area that HB 10 proposes to add to the existing park; it comes close to connecting the noncontiguous A01 areas. It also includes an island of state land in front of the cannery that would be added to the park. 3:53:07 PM CHAIR HUGHES asked if there was still a gap between the existing A01 areas. MR. CLARK answered yes, it reflects private land in the area. He referenced the large area on the south side of the bay colored yellow and offered his understanding of the ownership. [This area represents old mining claims in the area, shoreline portions of which are private recreational properties.] 3:53:52 PM MR. CLARK displayed the images on slide 5 of a baby's headstone and the remnants of one of the old cannery bunk houses that was used to house the [Unangax people from Saint Paul] who were relocated to Funter Bay. [The people from Saint George were housed across the bay at the old mine site.] He concluded the presentation with a graphic showing the location of the internment camp in Funter Bay relative to the internment camps in Killisnoo near Angoon, the Wrangell Institute, Burnett Inlet, and Ward Lake near Ketchikan. 3:55:11 PM SENATOR MYERS asked when and why the existing Funter Bay State Marine Park was created. REPRESENTATIVE HANNAN answered that the park was created in 1983 as a rural marine park. She offered her understanding that it was created to ensure that recreational boaters always have access and that the shoreline is not entirely private. She deferred further explanation to the current superintendent of the park. 3:57:07 PM PRESTON KROES, Superintendent, Southeast Region, Alaska State Parks, Department of Natural Resources (DNR), Juneau, Alaska, explained that the Funter Bay Marine Park was created to set aside state land for recreation purposes. The state has a number of state marine parks but in the Juneau area there is St James Bay, Taku Harbor, Funter Bay, Pavlov Harbor, and the 14 Channel Islands in the Auke Bay area. 3:58:11 PM RICKY GEASE, Director, Division of State Parks and Recreation, Department of Natural Resources, Anchorage, Alaska, stated support for HB 10 on behalf of the division. He said it would be easy to accept the management responsibility for this site, which has historical significance to the state and the culture and memory of the Unangax people. He related that Mr. Kroes and his staff have been privileged to work with a diverse group of organizations and individuals on ways to provide better management and protection for this significant cultural resource. 3:59:22 PM CHAIR HUGHES asked when the request first was made to add the cemetery to the Funter Bay State Marine Park and who brought it forward. 3:59:57 PM MR. KROES answered that the issue was brought to his attention shortly after he became superintendent 3.5 years ago. At that time he learned that Martin Stepetin, whose grandparents were interned at Funter Bay, already was working with the division's citizens advisory group on ways to protect the cemetery. Mr. Kroes related that when he looked at the issue he suggested a possible solution to provide protection was to add the cemetery to the existing state marine park. He credited Mr. Stepetin with trying to get the site designated a national landmark and said that while that was unsuccessful at the time, it might be revisited in the future. MR. KROES addressed earlier questions. He advised that the name of the park would continue to be the Funter Bay State Marine Park and the cemetery would be an historic site within the park. He noted that the division was working with tribal members and elders from Saint Paul and Saint George to develop four interpretive panels that will be placed in Funter Bay. With regard to the question about funding and improving the cemetery area, he clarified that there is no funding attached to the bill. He expressed hope that funding from an existing grant program could be used to reroute and improve the trail, make improvements to the cemetery itself, and install the interpretive panels. CHAIR HUGHES thanked him for the information and asked him to consider whether the stakeholders might want a formal name in statute for the cemetery. 4:03:53 PM CHAIR HUGHES held HB 10 in committee for future consideration. SB 81-VILLAGE PUBLIC SAFETY OFFICER GRANTS  4:04:20 PM CHAIR HUGHES announced the consideration of SENATE BILL NO. 81, "An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date." CHAIR HUGHES noted that the proposed committee substitute (CS) for SB 81 was based on the changes the sponsor's office recommended. SENATOR MYERS moved to adopt the CS for SB 81, work order 32- LS0362\I, as the working document. 4:04:59 PM CHAIR HUGHES objected for discussion purposes. 4:05:09 PM SENATOR DONNY OLSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 81, characterized the legislation as a work in progress over the last several years. It would require the Department of Public Safety (DPS) to conduct background investigations on VPSO applicants and provide an effective date. He deferred further comment to his staff, Mr. Truitt. 4:05:48 PM KEN TRUITT, Staff, Senator Donny Olson, Alaska State Legislature, reminded the committee that during the initial hearing on SB 81, he mentioned that the stakeholders were interested in amending the original bill to retain management of the VPSO Program grant within the Department of Public Safety (DPS) rather than transferring it to the Department of Commerce, Community and Economic Development (DCCED). That is what the CS, version I, accomplishes. He noted that only the former Section 5 was affected. It proposed an amendment to DCCED's enabling statute to give specific authority to that department to manage the grant. That section was removed, and the subsequent four sections were renumbered accordingly. 4:07:30 PM CHAIR HUGHES found no questions or comments and removed her objection. Finding no further objection, CSSB 81, version I, was adopted as the working document. 4:08:09 PM CHAIR HUGHES announced invited testimony. 4:08:18 PM JASON WILSON, Manager, Public Safety Department, Central Council Tlingit and Haida Indian Tribes of Alaska, Juneau, Alaska, advised that he has been the region's VPSO coordinator for about 16 years. He related that Tlingit & Haida has over 32,000 rural tribal citizens throughout the state, many of whom live in communities that are not connected to the road system. They are most accessible by boat or plane. In these communities, the VPSO program fills a critical law enforcement need. He reported that Tlingit & Haida currently has 10 VPSOs located in Hydaburg, Saxman, Kake, Angoon, Pelican, Kasaan, and Thorn Bay. MR. WILSON stated support for SB 81 and thanked the sponsor and his staff for their tireless work on the legislation to provide more flexibility within the VPSO program so coordinators are able fill VPSO positions and get the equipment that officers need to do their job. He said the program was developed in 1978 and many of the statutes and regulations governing the program have not been updated since then. He mentioned the importance of government-to-government communication and expressed confidence that SB 81 would help ensure that funding for the VPSO Program does not change with each administration and DPS commissioner. He reiterated Tlingit and Haida's support for SB 81 and its commitment to stand with the state to find solutions to provide public safety to rural communities in Alaska. 4:15:41 PM MICHAEL NEMETH, VPSO Coordinator, Aleutian Pribilof Islands Association (APIA), Anchorage, Alaska, stated that he has been a certified village public safety officer since 2002 and the VPSO Coordinator for APIA for the past nine years. He described SB 81 as a bipartisan boots-on-the-ground all stakeholder effort to improve the VPSO Program. He related that the training requirement for VPSOs under 13 AAC 96.100 of the Alaska Administrative Code is 240 hours, which is shamefully low. Officers currently receive 1,000 hours of training at the academy as well as 96 hours of rural fire protection training, but an arbitrary decision could reduce that training to the minimum. Additionally, just some VPSO programs continue to provide emergency trauma technician training because it is no longer required. This change was made without consultation. He said interpretation of the code and regulation has been inconsistent and it has affected the ability of VPSOs to do their job. 4:18:32 PM MR. NEMETH highlighted that SB 81 sets the minimum training requirement to 826 hours, 650 hours of which is law enforcement training. This is the minimum that the Alaska Police Standards Council will accept for a police officer in Alaska. He expressed support for 96 hours of rural fire protection training, reinstating the 40 hours of emergency trauma technician training, and 40 hours for search and rescue. He noted that the Alaska Law Enforcement Training Academy currently devotes just eight hours to search and rescue. He said the proposed new minimum training hours will give VPSOs confidence to fulfill the duties of the position, help with recruitment and retention, and improve the overall quality of the officer. 4:21:21 PM DARRELL HILDEBRAND, VPSO Coordinator, Public Safety Director, Tanana Chiefs Conference, Fairbanks, Alaska, stated that he retired as an Alaska State Trooper after 20 years of service. Tanana Chiefs Conference hired him as the VPSO Coordinator about 18 months ago. He stated support for SB 81 generally and specifically for the flexibility to allow TCC to utilize roving VPSOs. He noted that not explicitly prohibited in the previous regulations, but administrations viewed the need to budget for them differently. SB 81 eliminates the fear that a new administration might withhold funding to a grantee for using the rover program. MR. HILDEBRAND highlighted the advantages of roving VPSOs. They serve multiple communities with less manpower, provide continuity of service, and provide coverage when the Alaska State Troopers (AST) cannot fly into a village due to weather or manpower issues. He related that the TCC region has 37 villages with no public safety presence except through limited AST rural visits. The rover program was very effective in the past and made it possible for TCC to serve more communities with limited VPSOs. He acknowledged the perceived drawback to the rover program was that it created a significant increase in TCC's travel budget. However, the positive outcomes included community policing, identification of infrastructure needs such as fire protection, general outreach, and increased law enforcement presence. He said the relationship with AST counterparts is strong, the rover program has a proven record, and it is the best solution to the high demand and need for VPSOs in the TCC region that has limited law enforcement resources. MR. HILDEBRAND thanked the sponsor for introducing SB 81, which would allow TCC the flexibility to utilize rover VPSOs to better serve communities. SENATOR GRAY-JACKSON asked Mr. Nemeth in what community he worked as a VPSO. MR. NEMETH answered that as the VPSO Coordinator for the Aleutian Pribilof Island region he is based in the main office in Anchorage. He noted that as an officer he served in the communities of Saint George and Nelson Lagoon. 4:25:56 PM CHAIR HUGHES asked if he supported the 826 hours of training or if he was suggesting changes. She noted he specified 40 hours for emergency medical services training. MR. NEMETH said having the 826 hours in the bill and the flexibility to formulate the training as he enumerated seemed reasonable, but it would be more straightforward it was specified in the bill. 4:27:10 PM CHAIR HUGHES asked him to submit the list to the committee and she would provide it to the sponsor to have the conversation. The address is scra@akleg.gov. CHAIR HUGHES asked Mr. Hildebrand if regional rover VPSOs were specifically mentioned in the bill or if he was suggesting they be allowed. 4:27:55 PM MR. HILDEBRAND replied the bill does not specifically mention regional rovers, but it allows grantees the flexibility to work with the program office ... [The call was dropped]. CHAIR HUGHES asked the sponsor if the use of regional rovers was a specific provision in the bill. 4:28:38 PM SENATOR OLSON answered it was a good idea. He deferred to Mr. Truitt to point to the location in the bill that provides flexibility to use rovers. 4:28:50 PM MR. TRUITT directed attention to page 5, lines 4-10 that speaks to one VPSO per village and the option for the grant recipient to request more than one. He said the bill was specifically drafted to remove the prohibition against hiring itinerant roving VPSOs and make the practice acceptable. CHAIR HUGHES asked if he was saying that was addressed in the bill or if clarifying language was necessary. MR. TRUITT replied he would verify that it was addressed and communicate the exact page and line. 4:30:19 PM SENATOR GRAY-JACKSON commented on her experience with the VPSO Program when she was the city manager for the City of Akutan from 2009-2012. She thanked the sponsor for bringing the bill forward and noted that she was a co-sponsor. CHAIR HUGHES asked Mr. Truitt if he had closing comments. 4:30:50 PM MR. TRUITT answered the Chair's question about roving VPSOs. He read subsection (f) on page 5 and relayed that Legislative Legal did not use the term "roving" based on their drafting manual. Rather, the provision refers to traveling village public safety officers who serve multiple villages within the grantee's region. 4:31:17 PM CHAIR HUGHES asked him to follow up with Mr. Hildebrand and relay that information. 4:31:57 PM CHAIR HUGHES [held SB 81 in committee.] 4:32:12 PM There being no further business to come before the committee, Chair Hughes adjourned the Senate Community and Regional Affairs Standing Committee meeting at 4:32 p.m.