Mat-Su Sen. David Wilson’s bill, on interference with emergency 911 calls, moving in the state Senate

Two bills moved from committees in the state Legislature last week. One is a public safety measure that is noncontroversial and already moving quickly in the state Senate.

The second is a bill dealing with public employee pensions that may become controversial in the Republican-led state House. Senate Bill 23, dealing with interference in 911 emergency calls, moved out of the Senate Judiciary Committee and is now in the Senate Finance Committee.

It is a proposal by Sen. David Wilson, R-Mat-S, to toughen penalties on people who make harassment calls to 911 operators that can delay response for real emergencies.

The bill was reported out of committee on Feb. 2 with no changes. Wilson is the prime sponsor but there are four others, including Sens. James Kaufman, R-Anch., Kelly Merrick, R-Eagle River, and Donny Olson, D- Golovin.

The bill is back from last session. Previously SB182 in the 2022 session, it had made its way to the House Floor but died at midnight on the final day of the 2022 session. This year’s version of the bill aims to reduce harassment calls 911 operators face. These vary from people tying up lines with repeated calls where there is no emergency, or no change to a previous call, to making threats towards operators.

Wilson said calls like these take away from true emergencies, where seconds matter, by forcing operators to place calls on hold to answer incoming calls to determine if an actual emergency exists.

“For example, a dispatcher can be required to place a parent of a choking child on hold in order to answer a call from a harassing individual who is not in need of any real emergency or emergency response,” Wilson said.

This interference with emergency communications would now be considered a Class B misdemeanor. Commissioner James Cockrell of the Department of Public Safety, spoke in support of the bill, as he did last year.

There are 23 states with similar statues, Cockrell suggested, however, that the criminal charge be file after the caller is warned. Last year’s SB 182 had the penalty as a Class C felony if the delayed response resulted in serious injury or death, and a Class A misdemeanor otherwise, but the House State Affairs Committee changed the penalty to Class B with no qualifier.

There are 23 states with similar statues, the Senate committee was told. Meanwhile, another early bill moved from committee in the Republican- controlled state House last week, this one sponsored by a Democrat, Rep. Andy Josephson, D-Anchorage.

The House Community and Regional Affairs Committee moved the bill on Feb. 1 but it faces three other committees, so it will be slow going. Two Republicans joined two Democrats to move the bill over opposition by two conservative Republicans, Reps. Kevin McCabe, R-Big Lake, and Tom MacKay, R-Anchorage. Josephson’s bill creates a new “Defined Benefit” retirement tier for peace officers and firefighters, basically creating an option to join the existing “Defined Contribution” 401(k) type plan or the new Tier V plan. In the committee meeting Josephson gave some background on retirement plans that peace officers and firefighters had previously but that were changed in 2006. Prior to 2006 they had access to a “Defined Benefit” plan, a traditional pension plan.

“We saw this plan get defunded and reformatted to an employee contribution plan (Defined Contribution) similar to a 401(k) due to an actuary that failed to advise us of a financial problem” with the original plan, Josephson said. “The hope was that the new plan would be as generous as Defined Benefit. That’s decidedly been proven untrue. It simply doesn’t return the same kind of pay to a retiree that a DB (defined benefit plan) would provide."

Josephson said the goal for HB 22 is to see a higher retention rate of firefighters and public safety officers. Josephson said he sees a trend of new recruits who go through training, which can cost the state up to $100,000, stay a few years until that the state contribution to the DC plan is vested, then leave for another state offering a Defined Benefit just after the DC plan becomes “portable.”

Kevin McCabe, of Big Lake, objected to Josephson’s remarks and called the high training costs, “fake numbers,” which resulted in a tense exchange with Josephson. Rep. Donna Mears, D-Anch, moved for the bill to move from committee but McCabe objected.

The committee vote had Reps. McCabe and Tom McKay, both conservative Republicans, voting no. However, there were four yes votes, including Mears, Republican Justin Ruffridge, R-Soldotna, Reps. Rebecca Himshoot, D-Sitka, and C.J. McCormick, D-Bethel. Both Ruffridge and McCormick are members of the Republican-led Majority, voting yes. HB 22 is being closely watched as an indicator of how votes may go on other Defined Benefit option bills that could be introduced for teachers and other public employees.

The bill has a long way to go, however. It is now in the State Affairs Committee. It will then to the Labor and Commerce and the Finance committees. Meanwhile, here is some background on public employee pensions: In the 1960s the state adopted a Defined Benefits pension system (traditional pensions).

That first plan, called Tier 1, was maintained into the 1980s. It provided a full pension after five years of service along with good medical benefits that continued into retirement. Tier II, replacing Tier I, scaled back benefits because of the rising costs. It lasted until the late 1990s. Tier III, replacing Tier II. was the last Defined Benefits (traditional pension) plan.

It lasted until 2006. Tier IV, the current plan for most current new employees, is a “Defined Contribution” (401(k) type) plan intended to reduce costs to the state. HB 22 will create a new “hybrid” Tier V plan, Josephson told the House committee.

It would allow future peace officers and firefighters under the PERS system and current ones under the PERS Tier IV plan to join the new Defined Benefit plan. Saira Bradner, of the Alaska Legislative Digest, contributed to this report