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HB 259: "An Act establishing the Council on Human and Sex Trafficking; and relating to the Council on Domestic Violence and Sexual Assault."

00 HOUSE BILL NO. 259 01 "An Act establishing the Council on Human and Sex Trafficking; and relating to the 02 Council on Domestic Violence and Sexual Assault." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.66.050 is amended to read: 05 Sec. 18.66.050. Duties of the council. The council shall 06 (1) coordinate with the Council on Human and Sex Trafficking to 07 jointly hire an executive director to oversee the council and the Council on Human 08 and Sex Trafficking, and the executive director may hire staff; the executive director 09 is in the exempt service under AS 39.25.110 and staff members are in the classified 10 service under AS 39.25.100; 11 (2) elect one of its members as presiding officer; 12 (3) in consultation with authorities in the field, develop, implement, 13 maintain, and monitor domestic violence, sexual assault, and crisis intervention and 14 prevention programs, including educational programs, films, and school curricula on

01 the cause, prevention, and treatment of domestic violence and sexual assault; 02 (4) coordinate services provided by the Department of Law, the 03 Department of Education and Early Development, the Department of Public Safety, 04 the Department of Health, the Department of Corrections, and other state agencies and 05 community groups dealing with domestic violence, sexual assault, and crisis 06 intervention and prevention, and provide technical assistance as requested by those 07 state agencies and community groups; 08 (5) develop and implement a standardized data collection system on 09 domestic violence, sexual assault, and crisis intervention and prevention; 10 (6) conduct public hearings and studies on issues relating to violence, 11 including domestic violence and sexual assault, and on issues relating to the role of 12 crisis intervention and prevention; 13 (7) receive and dispense state and federal money and award grants and 14 contracts from appropriations for the purpose to qualified local community entities for 15 domestic violence, sexual assault, and crisis intervention and prevention programs; 16 (8) oversee and audit domestic violence, sexual assault, and crisis 17 intervention and prevention programs that receive money under this chapter; 18 (9) provide fiscal and technical assistance to plan, organize, 19 implement, and administer domestic violence, sexual assault, and crisis intervention 20 and prevention programs; 21 (10) make an annual report to the governor on the activities of the 22 council, plans of the council for new services and programs, and concerns of the 23 council, including recommendations for legislation necessary to carry out the purposes 24 of this chapter; the council shall notify the legislature that the report is available; 25 (11) adopt regulations in accordance with AS 44.62 (Administrative 26 Procedure Act) to carry out the purposes of this chapter and to protect the health, 27 safety, well-being, and privacy of persons receiving services financed with grants or 28 contracts under this chapter; 29 (12) consult with the Department of Health in the formulation of 30 standards and procedures for the delivery of services to victims of domestic violence 31 by health care facilities and practitioners of healing arts and personnel in those

01 facilities as required in AS 18.66.300; 02 (13) consult with the Alaska Police Standards Council and other police 03 training programs in the state to develop training programs regarding domestic 04 violence for police officers and for correction, probation, and parole officers; 05 (14) consult with public employers, the Alaska Supreme Court, school 06 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 07 provide continuing education courses in domestic violence to employees. 08 * Sec. 2. AS 39.25.110(38) is amended to read: 09 (38) the executive director of the Council on Domestic Violence and 10 Sexual Assault established under AS 18.66.010 and the Council on Human and Sex 11 Trafficking established under AS 44.41.150; 12 * Sec. 3. AS 39.50.200(b) is amended by adding a new paragraph to read: 13 (65) Council on Human and Sex Trafficking (AS 44.41.150). 14 * Sec. 4. AS 44.41 is amended by adding new sections to read: 15 Article 2. Council on Human and Sex Trafficking. 16 Sec. 44.41.150. Council on Human and Sex Trafficking. The Council on 17 Human and Sex Trafficking is created in the Department of Public Safety. The 18 purpose of the council is to provide planning and coordination of programs specific to 19 victim services, education, public awareness, data collection and dissemination, and 20 reducing demand for human and sex trafficking. 21 Sec. 44.41.155. Duties. (a) The council shall 22 (1) elect one of its members as chair; 23 (2) develop and implement a standardized data collection system on 24 human and sex trafficking, including methods for synthesizing and disseminating data 25 and establishing standardized definitions as necessary; 26 (3) receive and dispense state and federal money and award grants and 27 contracts from appropriations to qualified local community entities for the purpose of 28 human and sex trafficking intervention and prevention programs; 29 (4) oversee and audit qualified local community entities that receive 30 money from the council; 31 (5) coordinate and consult with the Department of Education and Early

01 Development, the Department of Corrections, the Department of Health, the 02 Department of Law, the Department of Labor and Workforce Development, the 03 Department of Family and Community Services, the Department of Public Safety, 04 other state agencies and qualified local community entities dealing with human and 05 sex trafficking, including the Council on Domestic Violence and Sexual Assault, and 06 survivors of human and sex trafficking to develop educational materials and resources 07 related to, and increase public awareness of, human and sex trafficking; 08 (6) provide technical assistance as requested by the state agencies and 09 qualified local community entities listed in (5) of this subsection; 10 (7) conduct public hearings and create opportunities for public input on 11 issues relating to human and sex trafficking in the state; 12 (8) make an annual report to the governor on the activities of the 13 council, plans of the council for new services and programs, and concerns of the 14 council, including recommendations for legislation necessary to carry out the purposes 15 of AS 44.41.150 - 44.41.175; the council shall notify the legislature that the report is 16 available; 17 (9) coordinate with the Council on Domestic Violence and Sexual 18 Assault to jointly hire an executive director to oversee the council and the Council on 19 Domestic Violence and Sexual Assault, and the executive director may hire staff; the 20 executive director is in the exempt service under AS 39.25.110 and staff members are 21 in the classified service under AS 39.25.100. 22 (b) The council may create advisory subcommittees. 23 Sec. 44.41.160. Membership. (a) The council consists of the following 17 24 members: 25 (1) seven members appointed by the governor as follows: 26 (A) two members who are mayors or elected officials in local 27 government; 28 (B) one member who represents a victim advocacy 29 organization; 30 (C) one member who represents an Alaska Native organization; 31 in this subparagraph, "Alaska Native organization" has the meaning given in

01 AS 18.66.020(d); 02 (D) one member who represents a local law enforcement 03 agency; 04 (E) one member who represents a faith-based community 05 organization; and 06 (F) one member who represents an organization that provides 07 direct services to the homeless; 08 (2) the chief executive officer of the Alaska Mental Health Trust 09 Authority or the chief executive officer's designee; 10 (3) the commissioner of health or the commissioner's designee; 11 (4) the attorney general or the attorney general's designee; 12 (5) the commissioner of public safety or the commissioner's designee; 13 (6) the commissioner of corrections or the commissioner's designee; 14 (7) the commissioner of education and early development or the 15 commissioner's designee; 16 (8) the commissioner of labor and workforce development or the 17 commissioner's designee; 18 (9) the commissioner of family and community services or the 19 commissioner's designee; and 20 (10) two nonvoting members appointed as follows: 21 (A) one ex officio member from the house of representatives, 22 appointed by the speaker of the house of representatives; and 23 (B) one ex officio member from the senate, appointed by the 24 president of the senate. 25 (b) Public members of the council appointed under (a)(1) and (2) of this 26 section serve three-year terms. A public member serves at the pleasure of the governor 27 and may not serve more than two consecutive terms. Nonvoting members appointed 28 under (a)(10) of this section serve staggered three-year terms and may not serve more 29 than two full terms. A vacancy on the council shall be filled for the unexpired term by 30 appointment by the governor. 31 (c) A person who receives compensation from or is an employee of the state or

01 a human or sex trafficking crisis intervention or prevention program may not be 02 appointed as a public member of the council. 03 Sec. 44.41.165. Meetings and quorum. (a) The council shall meet at least 04 quarterly at times and locations to be determined by the chair. Additional meetings 05 may be called by the chair. The council and its advisory subcommittees shall, to the 06 extent practicable, allow participation by council members by teleconference or other 07 electronic means. 08 (b) The council may convene public meetings to present information and 09 receive public comment. 10 (c) Eight members of the council or a majority of filled positions, whichever is 11 less, constitutes a quorum for conducting business. 12 Sec. 44.41.170. Compensation and expenses. The members of the council 13 receive no salary but are entitled to transportation expenses and per diem in 14 accordance with AS 39.20.180. 15 Sec. 44.41.175. Definitions. In AS 44.41.150 - 44.41.175, 16 (1) "council" means the Council on Human and Sex Trafficking; 17 (2) "human and sex trafficking" means conduct in violation of 18 AS 11.41.360, 11.41.365, or AS 11.66.110 - 11.66.130. 19 * Sec. 5. AS 44.66.010(a) is amended by adding a new paragraph to read: 20 (15) Council on Human and Sex Trafficking (AS 44.41.150) - June 30, 21 2028. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: DIRECTOR. (a) Notwithstanding AS 18.66.050(1), as amended by 25 sec. 1 of this Act, and AS 44.41.155(a)(9), enacted by sec. 4 of this Act, the person serving as 26 the executive director of the Council on Domestic Violence and Sexual Assault on the day 27 before the effective date of this Act shall also serve, under the same terms and conditions, as 28 the executive director of the Council on Human and Sex Trafficking, created under 29 AS 44.41.150, enacted by sec. 4 of this Act. 30 (b) On or after the effective date of this Act, when a vacancy occurs in the executive 31 director position for the Council on Domestic Violence and Sexual Assault and the Council

01 on Human and Sex Trafficking, that position shall be filled as provided in AS 18.66.050(1), as 02 amended by sec. 1 of this Act, and AS 44.41.155(a)(9), enacted by sec. 4 of this Act.