Legislature(2017 - 2018)BARNES 124

01/31/2017 08:00 AM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Moved HB 8 Out of Committee
*+ HB 78 INDIGENOUS PEOPLES DAY TELECONFERENCED
Moved HB 78 Out of Committee
         HB 8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                      
                                                                                                                                
8:03:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FANSLER  announced that  the  first  order of  business                                                               
would  be  HOUSE BILL  NO.  8,  "An  Act relating  to  protective                                                               
orders."                                                                                                                        
                                                                                                                                
8:05:47 AM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature, presented  HB 8 on behalf  of Representative Edgmon,                                                               
prime sponsor.  He paraphrased  from the sponsor statement, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     In 2014,  a bill sponsored  by Sen. Lisa  Murkowski and                                                                    
     former   Sen.  Mark   Begich  eliminated   the  "Alaska                                                                    
     Exemption" from the Violence  Against Women Act (VAWA).                                                                    
     This  brought attention  to the  state's obligation  to                                                                    
     enforce    protection    orders   issued    by    other                                                                    
     jurisdictions, including  other state,  territorial, or                                                                    
     tribal courts.                                                                                                             
                                                                                                                                
     As  current statutes  are written,  law enforcement  is                                                                    
     only compelled  to enforce a tribal  or another state's                                                                    
     protection  order  if  it  has  been  filed  (that  is,                                                                    
     registered) in  an Alaska  court. However,  with Alaska                                                                    
     subject to the  VAWA, the state is  required to enforce                                                                    
     protection orders  issued in another  jurisdiction even                                                                    
     if the order has not been registered.                                                                                      
                                                                                                                                
     HB 8  follows the  recommendation of the  Department of                                                                    
     Law  to amend  conflicting state  statutes in  order to                                                                    
     bring Alaska  into compliance with the  federal law. HB                                                                    
     8 will not  only clarify the duties  of law enforcement                                                                    
     but also  will eliminate potential lawsuits  that could                                                                    
     stem from  the contradictions currently found  in state                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Additionally, the  bill adds a presumption  of validity                                                                    
     on the part of state  law enforcement, so that they are                                                                    
     required  to  enforce  a  protective  order  issued  in                                                                    
     another jurisdiction  so long  as it  appears authentic                                                                    
     on  its  face. HB  8  also  more clearly  specifies  in                                                                    
     statute that  "other states" and  "other jurisdictions"                                                                    
     include courts  of another  state or  territory, United                                                                    
     States military tribunals, and tribal courts.                                                                              
                                                                                                                                
     It's important to note that  the state still encourages                                                                    
     registration   of   protection    orders   from   other                                                                    
     jurisdictions. As the Department  of Law has noted, the                                                                    
     state's  central  registry  "gives officers  access  to                                                                    
     tribal  and  foreign   protection  orders  anywhere  in                                                                    
     Alaska, even if the victim does  not have a copy of the                                                                    
     order at hand."                                                                                                            
                                                                                                                                
8:09:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO clarified there  are concerns that Alaska                                                               
be  given the  ability  to enforce  [protective  orders of  other                                                               
jurisdictions], and  the general idea  behind HB 8 is  to support                                                               
the  victims  of sexual  assault.    He  added,  "We want  to  be                                                               
expedient with this."                                                                                                           
                                                                                                                                
MR. CLARK  said Representative Talerico stated  that summary very                                                               
well.    He  gave  an  example  of someone  in  Ohio  who  has  a                                                               
protective order in  place and moves to Alaska, but  is not aware                                                               
of the  need to register  the protective  order in Alaska.   That                                                               
person then  is menaced in  some way  by the person  against whom                                                               
the protective  order was made  and needs help immediately.   The                                                               
proposed  legislation  would  ensure  that  help  is  "legal  and                                                               
possible."                                                                                                                      
                                                                                                                                
8:11:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  asked whose  job it  is to  register the                                                               
protective  order and  whether the  person with  the order  would                                                               
need an attorney to complete such a registration.                                                                               
                                                                                                                                
MR. CLARK offered  his understanding that it would  be the holder                                                               
of the  protective order  - the  victim - and  would be  a fairly                                                               
routine matter of contacting the court.                                                                                         
                                                                                                                                
8:12:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WESTLAKE  questioned how the  registration process                                                               
would work,  in terms of  a police  officer in a  rural community                                                               
being able to look up information and "get a hit."                                                                              
                                                                                                                                
MR.  CLARK  answered  that  the  registration  process  is  well-                                                               
established in  Alaska.   Under HB  8, if  someone has  failed to                                                               
register  a protective  order, the  enforcement could  take place                                                               
immediately anyway.  He reiterated  that the proposed legislation                                                               
would add  "a presumption of validity."   He noted that  often, a                                                               
person  who has  taken out  a protective  order possesses  a hard                                                               
copy of  that order; therefore,  in a threatening  situation, the                                                               
person could  call law enforcement,  who could enforce  the order                                                               
if it "appears authentic on its face."                                                                                          
                                                                                                                                
8:14:38 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH asked if he  is correct in saying that everywhere                                                               
else  in  the  U.S.  is   "on  board  with  this"  and  enforcing                                                               
protective orders issued by other jurisdictions.                                                                                
                                                                                                                                
MR.  CLARK answered  that is  correct.   He  emphasized that  the                                                               
State of  Alaska is on board  with this and is  working under the                                                               
requirements of the federal  law.  He said the intent  of HB 8 is                                                               
to address contradictions  that exist in state statute.   He said                                                               
such change would not only act  in favor of the victims, but also                                                               
assist  law  enforcement,  because  continued  contradictions  in                                                               
statute  can cause  conflicts in  prosecutions  going forward  by                                                               
presenting ambiguities in the prosecution of a case.                                                                            
                                                                                                                                
8:16:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  directed attention  to language  on page                                                               
4, lines 21 and 22, which read as follows:                                                                                      
                                                                                                                                
            (d) A protective order issued in another                                                                            
       jurisdiction that appears authentic on its face is                                                                       
     presumed valid.                                                                                                            
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked,  "What's the  procedure  they're                                                               
going  to use  to validate  this, and  do they  need to  validate                                                               
anything?"                                                                                                                      
                                                                                                                                
MR. CLARK  replied that the reason  for that language is  to "err                                                               
on the side of caution."  He  said if someone does not register a                                                               
protective order  from another jurisdiction, is  in a threatening                                                               
situation, and  law enforcement arrives,  and the person  has the                                                               
protective order in  hand, then law enforcement  is authorized to                                                               
determine whether the  hard copy looks valid and,  if so, proceed                                                               
to enforce the  protection.  He said, "It exists  in other states                                                               
as a precaution in order to  ... give as much help and assistance                                                               
to someone  in a threatening situation  as possible.  And  to put                                                               
it plainly, those matters can  be sorted out; the validity itself                                                               
can be  sorted out after  the situation is brought  under control                                                               
and people are safe."                                                                                                           
                                                                                                                                
MR.  CLARK, in  response to  follow-up questions,  confirmed that                                                               
the  matter would  be settled  in  terms of  validity before  any                                                               
prosecution  would  go forward.    He  said  the section  of  the                                                               
Violence  Against Women  Act  that authorizes  what  the bill  is                                                               
describing  includes certain  criteria  that  a protective  order                                                               
from another  jurisdiction must  meet:  the  issue in  court must                                                               
have jurisdiction  in the parties  and the matter under  the laws                                                               
of the  state, territory, or tribe,  and that the issue  in court                                                               
must  give  reasonable  notice  and  opportunity  to  the  person                                                               
against whom that order is sought  in order for that person's due                                                               
process to be protected.                                                                                                        
                                                                                                                                
REPRESENTATIVE  RAUSCHER  queried as  to  whether  there are  any                                                               
statistics  showing  whether  there   have  been  any  "frivolous                                                               
orders."                                                                                                                        
                                                                                                                                
8:21:05 AM                                                                                                                    
                                                                                                                                
MARY  LUNDQUIST,  Senior  Assistant Attorney  General,  Opinions,                                                               
Appeals & Ethics Section,  Civil Division (Fairbanks), Department                                                               
of Law (DOL),  stated that she is not aware  of any frivolous use                                                               
of protective  orders.  She  deferred to Casey Schroeder  to more                                                               
specifically address questions regarding protective orders.                                                                     
                                                                                                                                
8:21:48 AM                                                                                                                    
                                                                                                                                
CASEY  SCHROEDER,  Assistant  Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law (DOL),  stated,                                                               
"We're not aware  of any frivolous or perhaps  fraudulent uses of                                                               
protective  orders  in  this  context,  and  we  don't  have  any                                                               
specifics on that either, unfortunately."                                                                                       
                                                                                                                                
8:22:26 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH asked  Ms. Lundquist for an estimate  of how many                                                               
people   in   Alaska   have    protective   orders   from   other                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
MS. LUNDQUIST deferred to Ms. Schroeder.                                                                                        
                                                                                                                                
MS. SCHROEDER answered that the  division could obtain statistics                                                               
showing  the  overall  number  of  protective  orders  and  those                                                               
registered with  the court; however,  she said she does  not know                                                               
if there  would be  a specification  of which  of those  are from                                                               
other jurisdictions.                                                                                                            
                                                                                                                                
CO-CHAIR PARISH indicated  that he did not  require Ms. Schroeder                                                               
to research information  if she did not already have  it on hand,                                                               
as the information is not vital.   He added, "It's a pretty clear                                                               
bill."                                                                                                                          
                                                                                                                                
8:23:51 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FANSLER opened public testimony on HB 8.                                                                               
                                                                                                                                
8:25:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WESTLAKE  said  he   endorses  and  embraces  the                                                               
proposed  legislation.    He  said at  the  village  level,  when                                                               
someone wants to  leave to get away from a  bad situation, he/she                                                               
goes to bigger city, and [HB 8] addresses that.                                                                                 
                                                                                                                                
8:26:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FANSLER closed public testimony on HB 8.                                                                               
                                                                                                                                
8:26:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FANSLER stated  support for  HB 8  as a  way to  ensure                                                               
there are no problems between federal and state law.                                                                            
                                                                                                                                
8:27:32 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  PARISH moved  to  report  HB 8  out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
8:27:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  [objected] to note that  Co-Chair Parish                                                               
had  asked for  information  that [Ms.  Schroeder]  had said  she                                                               
could provide,  and he said if  possible he would like  more time                                                               
to review the bill.                                                                                                             
                                                                                                                                
8:28:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO objected for purpose of discussion.                                                                     
                                                                                                                                
8:28:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  PARISH reiterated  that  he does  not  think there  are                                                               
conflicts between  state and federal  law, and he  clarified that                                                               
he  had  withdrawn  his  request   for  information.    He  urged                                                               
Representative Rauscher  to support HB  8, but reminded  him that                                                               
he had  the right to pass  the bill with "no  recommendation" and                                                               
the opportunity to move an amendment on the House floor.                                                                        
                                                                                                                                
8:29:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WESTLAKE offered his  understanding that the state                                                               
is basically already  doing what is proposed under HB  8, but the                                                               
proposed legislation would  [make it official].   He indicated he                                                               
would like to ask more  questions of the representatives from the                                                               
state agencies.                                                                                                                 
                                                                                                                                
8:30:33 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:30 a.m. to 8:32 a.m.                                                                       
                                                                                                                                
8:32:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER noted  that [during  consideration of  a                                                               
similar  bill   heard  during   the  Twenty-Ninth   Alaska  State                                                               
Legislature,]  three members  [of  the  House Judiciary  Standing                                                               
Committee] had voted "no recommendation."   He said he would like                                                               
to  vote in  support  of HB  8, but  wonders  what problem  those                                                               
legislators in  the former  legislature saw  in regard  to [House                                                               
Bill 221].  He expressed interest in finding out an answer.                                                                     
                                                                                                                                
CO-CHAIR  FANSLER asked  Representative  Rauscher if  he had  any                                                               
questions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE RAUSCHER answered no.                                                                                            
                                                                                                                                
8:34:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WESTLAKE asked Ms.  Schroeder if Alaska is already                                                               
compliant or  if the proposed  legislation is an attempt  to make                                                               
the  state   compliant  with  federal  law   addressing  domestic                                                               
violence and protective orders.                                                                                                 
                                                                                                                                
MS.  SCHROEDER  answered  that  is correct:    "the  federal  law                                                               
already  requires  us to  do  this."   The  proposed  legislation                                                               
"cleans   up  direct   conflicts"   of  unconstitutionality   and                                                               
streamlines the process, which will  help with prosecutions.  She                                                               
continued as follows:                                                                                                           
                                                                                                                                
     The current law,  the way it reads, it's  an element of                                                                    
     the offense that ... the  protective law be registered,                                                                    
     and the federal  law says no, we can't  do that anymore                                                                    
     -  that cannot  be a  requirement.   So,  what this  is                                                                    
     going to  do, is  when it  comes to  prosecuting people                                                                    
     for violating  protective orders, it's really  going to                                                                    
     help us  out when the law  is clear and it  matches the                                                                    
     federal law and we're all  doing what we're supposed to                                                                    
     do.  It'll  hopefully cut down on litigation  ... so we                                                                    
     can just focus on protecting victims.                                                                                      
                                                                                                                                
8:35:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DRUMMOND   expressed   appreciation   that   Ms.                                                               
Schroeder  had mentioned  the  desire to  protect  victims.   She                                                               
opined that  it is  of the  utmost importance  to hurry  the bill                                                               
along in order to afford that protection.                                                                                       
                                                                                                                                
8:36:18 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FANSLER stated  his  intent  is to  move  HB  8 out  of                                                               
committee  today.   He suggested  that because  there is  another                                                               
committee of  referral, Representative  Rauscher would  have time                                                               
to get his research done and work with the bill sponsor.                                                                        
                                                                                                                                
8:37:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO removed his objection.                                                                                  
                                                                                                                                
8:37:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER,   in  response  to   Co-Chair  Fansler,                                                               
clarified that  he has no objection  [to the motion to  move HB 8                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
attached fiscal notes].                                                                                                         
                                                                                                                                
8:37:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   FANSLER  announced   that  there   being  no   further                                                               
objection,  HB 8  was reported  out  of the  House Community  and                                                               
Regional Affairs Standing Committee.                                                                                            

Document Name Date/Time Subjects
HB008 Additional Documentation-7.30.15 VAWA Enforcement Dept. of Law Opinion 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-2014 Repeal of Alaska Exemption to VAWA 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-USCODE Title 18 Chapter 2265--Full Faith and Credit 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB8 House Community & Regional Affairs Hearing Request 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HB 8
HB008 Sectional Analysis 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Sponsor Statement 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 ver. A 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
CRA Hearing Request.pdf HCRA 1/31/2017 8:00:00 AM
HB078 Sponsor Statement 1.25.17.pdf HCRA 1/31/2017 8:00:00 AM
HB 78
HB78 Fiscal Note - DOA.pdf HCRA 1/31/2017 8:00:00 AM
HB 78
HB008 Fiscal Note LAW-CRIM 1.27.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Fiscal Note DPS-DET 1.27.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB 78 Supporting Documents - 2015-16 Support Letters.pdf HCRA 1/31/2017 8:00:00 AM
HB 78
HB078 ver A 1.25.17.PDF HCRA 1/31/2017 8:00:00 AM
HB 78