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SENATE BILL NO. 231
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATORS OLSON, Bishop, Hoffman, Stedman, Gray-Jackson, Stevens, Revak, Kawasaki, Giessel
Introduced: 2/24/20
Referred: State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act requiring background investigations of village public safety officer applicants
2 by the Department of Public Safety; relating to the village public safety officer program;
3 and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 12.62.400(a) is amended to read:
6 (a) To obtain a national criminal history record check for determining a
7 person's qualifications for a license, permit, registration, employment, or position, a
8 person shall submit the person's fingerprints to the department with the fee established
9 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau
10 of Investigation to obtain a national criminal history record check of the person for the
11 purpose of evaluating a person's qualifications for
12 (1) a license or conditional contractor's permit to manufacture, sell,
13 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage
14 under AS 04.11;
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1 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage
2 loan originator under AS 06.60;
3 (3) admission to the Alaska Bar Association under AS 08.08;
4 (4) licensure as a collection agency operator under AS 08.24;
5 (5) a certificate of fitness to handle explosives under AS 08.52;
6 (6) licensure as a massage therapist under AS 08.61;
7 (7) licensure to practice nursing or certification as a nurse aide under
8 AS 08.68;
9 (8) certification as a real estate appraiser under as 08.87;
10 (9) a position involving supervisory or disciplinary power over a minor
11 or dependent adult for which criminal justice information may be released under
12 AS 12.62.160(b)(9);
13 (10) a teacher certificate under AS 14.20;
14 (11) a registration or license to operate a marijuana establishment
15 under AS 17.38;
16 (12) admittance to a police training program under AS 18.65.230 or for
17 certification as a police officer under AS 18.65.240 if that person's prospective
18 employer does not have access to a criminal justice information system;
19 (13) licensure as a security guard under AS 18.65.400 - 18.65.490;
20 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790;
21 (15) licensure as an insurance producer, managing general agent,
22 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines
23 broker, or independent adjuster under AS 21.27;
24 (16) serving and executing process issued by a court by a person
25 designated under AS 22.20.130;
26 (17) a school bus driver license under AS 28.15.046;
27 (18) licensure as an operator or an instructor for a commercial driver
28 training school under AS 28.17;
29 (19) registration as a broker-dealer, agent, investment adviser
30 representative, or investment adviser under AS 45.56.300 - 45.56.350;
31 (20) licensure, license renewal, certification, certification renewal, or
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1 payment from the Department of Health and Social Services of an individual and an
2 entity subject to the requirements for a criminal history check under AS 47.05.310,
3 including
4 (A) a public home care provider described in AS 47.05.017;
5 (B) a provider of home and community-based waiver services
6 financed under AS 47.07.030(c);
7 (C) a case manager to coordinate community mental health
8 services under AS 47.30.530;
9 (D) an entity listed in AS 47.32.010(b), including an owner,
10 officer, director, member, partner, employee, volunteer, or contractor of an
11 entity; or
12 (E) an individual or entity not described in (A) - (D) of this
13 paragraph that is required by statute or regulation to be licensed or certified by
14 the Department of Health and Social Services or that is eligible to receive
15 payments, in whole or in part, from the Department of Health and Social
16 Services to provide for the health, safety, and welfare of persons who are
17 served by the programs administered by the Department of Health and Social
18 Services;
19 (21) employment as a village public safety officer under
20 AS 18.65.672 or certification as a village public safety officer under AS 18.65.682.
21 * Sec. 2. AS 18.65.080 is amended by adding a new subsection to read:
22 (b) The Department of Public Safety shall investigate an individual who
23 applies to be employed as a village public safety officer under AS 18.65.672 or
24 certified as a village public safety officer under AS 18.65.682, upon receipt of the
25 materials listed in AS 18.65.674(a)(1) from a village public safety officer grant
26 recipient, to determine whether the individual has been convicted of a disqualifying
27 crime listed in AS 18.65.672(b).
28 * Sec. 3. AS 18.65.670 is repealed and reenacted to read:
29 Sec. 18.65.670. Village public safety officer program. (a) The village public
30 safety officer program is created in the Department of Public Safety, with funding
31 appropriated to the Department of Commerce, Community, and Economic
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1 Development and disbursed through grants made under this section. The purpose of
2 the program is to appoint, train, supervise, and retain persons to serve as village public
3 safety officers to administer functions related to
4 (1) the protection of life and property in the state, including through
5 (A) fire prevention and suppression;
6 (B) provision of emergency medical services; and
7 (C) participation in and management of search and rescue
8 efforts for missing or injured persons;
9 (2) providing probation and parole supervision to persons under
10 supervision by communicating with and monitoring the activities and progress of these
11 persons at the direction of probation and parole officers;
12 (3) conducting investigations;
13 (4) enforcing
14 (A) the criminal laws of the state, a municipality, or a village;
15 (B) statutes or ordinances of the state, a municipality, or a
16 village punishable as a violation; and
17 (5) providing local training programs on public safety.
18 (b) With funds appropriated for that purpose, the commissioner of commerce,
19 community, and economic development shall, in coordination with the commissioner
20 of public safety, provide grants to nonprofit regional corporations, federally
21 recognized tribes, and Alaska Native organizations for training and employment of
22 village public safety officers. If a nonprofit regional corporation for a village, federally
23 recognized tribe, or Alaska Native organization declines a grant under this subsection,
24 the commissioner may provide the grant to a municipality with a population of less
25 than 10,000 willing to administer the grant for the village. Before awarding a grant to
26 a municipality, the commissioner of commerce, community, and economic
27 development shall consult with the commissioner of public safety and the nonprofit
28 regional corporation, federally recognized tribe, or Alaska Native organization that
29 declined the grant.
30 (c) The Department of Commerce, Community, and Economic Development
31 shall annually accept applications from entities described in (b) of this section for
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1 village public safety officer grants. Grant applicants may apply to employ village
2 public safety officers in participating villages located in the applicant's region. An
3 application must include
4 (1) a projected budget, including administrative costs;
5 (2) a list of villages in which the applicant plans to employ village
6 public safety officers;
7 (3) other information required by the Department of Commerce,
8 Community, and Economic Development.
9 (d) The Department of Commerce, Community, and Economic Development
10 shall enter into a written agreement with a grant recipient before providing grant
11 funding. The agreement must require the grant recipient to
12 (1) comply with state and federal law;
13 (2) provide a salary and benefit schedule for the village public safety
14 officer; and
15 (3) be named as the employer of the village public safety officer.
16 (e) A grant recipient shall enter into a written agreement with a village before
17 using grant money to provide a village public safety officer in that village. The
18 agreement must
19 (1) be similar to other agreements between the grant recipient and
20 other villages in the region served by the grant recipient;
21 (2) require compliance with state and federal law; and
22 (3) describe the village public safety officer position.
23 (f) A grant recipient shall provide one village public safety officer for each
24 village in a grant agreement entered into under (d) of this section unless an application
25 for a second full-time position is approved by the Department of Commerce,
26 Community, and Economic Development.
27 (g) A grant recipient may assign a traveling village public safety officer to
28 serve multiple villages within the grant recipient's region if each village to which the
29 officer is assigned enters into an agreement with the grant recipient under (e) of this
30 section.
31 (h) A grant recipient shall
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1 (1) keep original financial, personnel, and other records relating to a
2 village public safety officer for at least three years after the officer's termination of
3 employment and, upon request, provide that information to the Department of
4 Commerce, Community, and Economic Development or the Department of Public
5 Safety;
6 (2) provide annual financial audits to the Department of Commerce,
7 Community, and Economic Development;
8 (3) facilitate site visits by the Department of Commerce, Community,
9 and Economic Development or the Department of Public Safety to monitor public
10 safety officer performance and compliance with state and federal law;
11 (4) notify the Department of Commerce, Community, and Economic
12 Development if the grant recipient or village fails to comply with state or federal law
13 or an agreement entered into under (e) of this section;
14 (5) timely notify the Department of Public Safety if a village public
15 safety officer resigns or vacates a position; and
16 (6) timely notify and submit a written report to the Department of
17 Public Safety if a village public safety officer points a firearm in the direction of
18 another person or discharges a firearm while on duty.
19 (i) The commissioner of public safety may, in consultation with grant
20 recipients, as provided in (l) of this section, adopt regulations related to village public
21 safety officers, including establishing minimum standards and training, physical
22 fitness requirements, criteria for participation by a community, a municipality, an
23 Alaska Native organization, a federally recognized tribe, or a corporation, and the
24 interaction between the Department of Public Safety and village public safety officers.
25 If the commissioner of public safety adopts regulations regarding training for village
26 public safety officers, the training must be consistent with the standards in
27 AS 18.65.676 and disability training under AS 18.65.220(3). The commissioner of
28 corrections may adopt regulations related to the functions of village public safety
29 officers providing probation and parole supervision.
30 (j) A grant recipient may charge its federally approved indirect costs to the
31 village public safety officer program grant if the statewide average of indirect costs
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1 does not exceed 35 percent.
2 (k) The Department of Commerce, Community, and Economic Development
3 may not withhold, without reason, approval of a funding request made under a grant
4 award. The Department of Commerce, Community, and Economic Development shall
5 timely disburse grant funds. A grant recipient may use funding for items reasonably
6 related to public safety and village public safety officer duties under AS 18.65.670 -
7 18.65.686.
8 (l) The commissioner of public safety, commissioner of commerce,
9 community, and economic development, and commissioner of corrections shall
10 (1) ensure all relations with federally recognized tribal governments
11 that are direct grant recipients or the incorporator of a nonprofit regional corporation
12 are conducted on a government-to-government basis;
13 (2) ensure the Department of Public Safety and the Department of
14 Commerce, Community, and Economic Development consult with a grant recipient
15 (A) before implementing a policy or regulation that affects the
16 recipient and as early as possible in the development of a new or revised policy
17 or regulation;
18 (B) on the state policies and regulations the grant recipient
19 considers necessary, as well as the substance of the policies and regulations;
20 (3) to the extent possible, use consensual mechanisms to develop
21 policies and regulations, including negotiated rulemaking processes;
22 (4) respect tribal sovereignty in consultations with grant recipients;
23 (5) ensure consultations with grant recipients are open and candid to
24 enable interested parties to accurately assess potential effects; and
25 (6) ensure the removal of procedural impediments to working directly
26 and effectively with grant recipients on programs that affect the governmental rights
27 of a tribe.
28 (m) The commissioner of public safety and the commissioner of commerce,
29 community, and economic development shall designate an official within each
30 d