Legislature(2023 - 2024)GRUENBERG 120

02/08/2024 03:00 PM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 259 COUNCIL ON HUMAN AND SEX TRAFFICKING TELECONFERENCED
Moved CSHB 259(STA) Out of Committee
-- Invited & Public Testimony --
+= HB 265 CHILD SEXUAL ABUSE MATERIAL TELECONFERENCED
Moved HB 265 Out of Committee
-- Invited & Public Testimony --
*+ HB 286 CRIME VICTIM RESTITUTION TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 46 BRAIN INJURY AWARENESS MONTH TELECONFERENCED
Moved HCSSB 46(STA) Out of Committee
**Streamed live on AKL.tv**
          HB 259-COUNCIL ON HUMAN AND SEX TRAFFICKING                                                                       
                                                                                                                                
3:05:09 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  first order of business  would be                                                               
HB 259  HOUSE BILL NO. 259,  "An Act establishing the  Council on                                                               
Human  and  Sex  Trafficking;  and relating  to  the  Council  on                                                               
Domestic Violence and Sexual Assault."                                                                                          
                                                                                                                                
3:05:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SARAH VANCE,  Alaska State  Legislature, provided                                                               
an overview of HB 259, as prime sponsor.                                                                                        
                                                                                                                                
3:06:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE said  that HB  259 creates  the Council  on                                                               
Human and  Sex Trafficking in  statute so its important  work can                                                               
continue without interruption.                                                                                                  
                                                                                                                                
3:06:50 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony on HB 259.                                                                                   
                                                                                                                                
3:07:16 PM                                                                                                                    
                                                                                                                                
BRENDA STANFILL,  Executive Director, Alaska Network  on Domestic                                                               
Violence and Sexual Assault (ANDVSA),  testified in support of HB
259.    She mentioned  that  she  spent  a  year working  on  the                                                               
strategic plan  and is looking  forward to working with  the bill                                                               
sponsor to implement 24 regional  programs with adequate staffing                                                               
to  ensure these  important  cases are  given  adequate time  and                                                               
attention.                                                                                                                      
                                                                                                                                
3:08:46 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW noted  that the bill sponsor is  very passionate about                                                               
the issue.                                                                                                                      
                                                                                                                                
3:09:15 PM                                                                                                                    
                                                                                                                                
JOSH LOUWERSE, Director of  Statewide Initiatives, Covenant House                                                               
Alaska, testified  in support of  HB 259.   He said  that through                                                               
his  15   years  working  at   Covenant  House  Alaska,   he  has                                                               
participated in many  task forces that were not  mandated by law.                                                               
Due  to high  turnover, he  noted the  difficulty in  keeping the                                                               
momentum of task forces alive.   Putting the council into statute                                                               
would go  a long way toward  preventing and ending human  and sex                                                               
trafficking  in Alaska.   He  commended Representative  Vance for                                                               
her hard work.                                                                                                                  
                                                                                                                                
3:10:36 PM                                                                                                                    
                                                                                                                                
BRITTANY MADROS,  Tribal Government & Justice  Division Director,                                                               
Tanana  Chiefs  Conference;  Member,  Council on  Human  and  Sex                                                               
Trafficking, testified in support of HB  259.  She noted that the                                                               
council voted  to codify  the Human  and Sex  Trafficking Council                                                               
and supports  the one  director/two board model.   She  noted the                                                               
importance  of addressing  human trafficking  in urban  and rural                                                               
communities of the state through collaboration with Tribes.                                                                     
                                                                                                                                
3:12:06 PM                                                                                                                    
                                                                                                                                
SABRINA  STRATFORD, representing  self, told  two stories  of sex                                                               
trafficking   in  rural   communities.     She  noted   that  sex                                                               
trafficking  is what  happens between  "missing" and  "murdered."                                                               
She said she supports HB 259 100 percent.                                                                                       
                                                                                                                                
3:13:17 PM                                                                                                                    
                                                                                                                                
TAMI  TRUETT JERUE,  Executive  Director,  Alaska Native  Women's                                                               
Resource Center, testified in support  of HB 259.  She emphasized                                                               
the  importance  of remembering  the  rural  communities and  the                                                               
vulnerabilities rural residents face when entering urban areas.                                                                 
                                                                                                                                
3:14:18 PM                                                                                                                    
                                                                                                                                
ADAM LEGG, Executive Director, Love  Alaska, testified in support                                                               
of HB  259.  He emphasized  the importance of continued  focus on                                                               
the issues of human and sex  trafficking in urban and rural areas                                                               
around the state.                                                                                                               
                                                                                                                                
3:15:09 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW closed public testimony on HB 259.                                                                                   
                                                                                                                                
CHAIR SHAW entertained amendments.                                                                                              
                                                                                                                                
3:15:20 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  moved to  adopt Amendment  1 to  HB 259,  labeled 33-                                                               
LS1075\B.3, A. Radford\C.Radford, 2/6/24, which read as follows:                                                                
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete the second occurrence of "and"                                                                               
                                                                                                                                
     Page 1, line 2, following "Assault":                                                                                     
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "coordinate with"                                                                                          
          Insert "select two of its members by majority                                                                     
       vote to serve on a joint hiring committee with two                                                                   
     members of"                                                                                                            
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "jointly"                                                                                                  
          Insert "recruit and"                                                                                              
                                                                                                                                
     Page 3, following line 7:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 2.  AS 18.66.050 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (b)  The commissioner of public safety or the                                                                         
     commissioner's  designee shall  chair the  joint hiring                                                                    
     committee  under  (a)(1)  of  this  section.  Only  one                                                                    
     representative  from  a  department may  serve  on  the                                                                    
     committee.  If  both the  council  and  the Council  on                                                                    
     Human  and Sex  Trafficking  select a  member from  the                                                                    
     same   department  to   serve  on   the  joint   hiring                                                                    
     committee, the  presiding officer of the  council shall                                                                    
     coordinate with the  chair of the Council  on Human and                                                                    
     Sex Trafficking to jointly  determine which member will                                                                    
     serve on the committee."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 17:                                                                                                           
          Delete "coordinate with"                                                                                              
          Insert "select two of its members by majority                                                                         
     vote  to serve  on a  joint hiring  committee with  two                                                                    
     members of"                                                                                                                
                                                                                                                                
     Page 4, line 18:                                                                                                           
          Delete "jointly"                                                                                                      
          Insert "recruit and"                                                                                                  
                                                                                                                                
     Page 4, following line 22:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(c)  The commissioner of public safety or the                                                                        
     commissioner's  designee shall  chair the  joint hiring                                                                    
     committee  under  (a)(9)  of  this  section.  Only  one                                                                    
     representative  from  a  department may  serve  on  the                                                                    
     committee.  If  both the  council  and  the Council  on                                                                    
     Domestic Violence  and Sexual  Assault select  a member                                                                    
     from the same  department to serve on  the joint hiring                                                                    
     committee,   the  chair   shall  coordinate   with  the                                                                    
     presiding officer  of the Council on  Domestic Violence                                                                    
     and Sexual  Assault to  jointly determine  which member                                                                    
     will serve on the committee."                                                                                              
                                                                                                                                
     Page 6, line 25:                                                                                                           
          Delete "sec. 4"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 6, line 29:                                                                                                           
          Delete "sec. 4"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 7, line 2:                                                                                                            
          Delete "sec. 4"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 7, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 8. This Act takes effect March 1, 2025."                                                                      
                                                                                                                                
3:15:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
3:15:55 PM                                                                                                                    
                                                                                                                                
ROBERT  BALLINGER,  Staff,  Representative  Sarah  Vance,  Alaska                                                               
State  Legislature,  on  behalf of  Representative  Vance,  prime                                                               
sponsor,  explained  Amendment   1.    It  was   offered  by  the                                                               
Department  of  Public  Safety to  address  hiring  an  executive                                                               
director.  The amendment also  delays the effective date to allow                                                               
the  current council  to work  with the  new director  before the                                                               
implementation of the  council.  The delayed start  date would be                                                               
March  1, 2025.    He made  note  of a  few  wording changes  for                                                               
clarity and  a title change  to reflect  the effective date.   He                                                               
mentioned  that   each  agency   would  submit  two   members  to                                                               
participate on the Council for  Domestic Violence and two members                                                               
for the Council for Human and Sex Trafficking.                                                                                  
                                                                                                                                
3:19:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE reiterated the  reason for the delayed start                                                               
date concerning the  finalization of a report  to the legislature                                                               
by the council  near the start of the year.   March was suggested                                                               
to  allow   for  more   time  to   complete  the   report  before                                                               
transitioning to  the new director.   She noted that  the current                                                               
governor's council  is fully prepared  to provide support  to the                                                               
new director and staff.                                                                                                         
                                                                                                                                
3:20:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  asked if the governor's  council can hold                                                               
meetings in the meantime.                                                                                                       
                                                                                                                                
REPRESENTATIVE VANCE affirmed that  the council would continue to                                                               
meet as  usual.   The next  scheduled meeting is  in March.   She                                                               
didn't anticipate that there would  be significant changes in the                                                               
council because the  bill was modeled after  the current council.                                                               
A new  shared director  and administrative  staff would  be hired                                                               
under HB 259.                                                                                                                   
                                                                                                                                
3:21:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT removed his objection.                                                                                    
                                                                                                                                
3:21:58 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:22:23 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that, there being no further objection,                                                                    
Amendment 1 HB 259 was adopted.                                                                                                 
                                                                                                                                
3:22:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK moved to adopt Amendment 2 to HB 259,                                                                    
labeled 33-LS1075\B.4, C.Radford, 2/6/24, which read as follows:                                                                
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "; and relating to the Council on Domestic                                                                   
     Violence and Sexual Assault"                                                                                             
                                                                                                                                
     Page 1, line 4, through page 3, line 11:                                                                                   
          Delete all material and insert:                                                                                       
        "* Section 1. AS 39.25.110 is amended by adding a                                                                   
     new paragraph to read:                                                                                                     
               (46) the executive director of the Council                                                                       
         on Human and Sex Trafficking established under                                                                         
     AS 44.41.150."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, lines 17 - 21:                                                                                                     
          Delete all material and insert:                                                                                       
               "(9)  hire an executive director to oversee                                                                      
     the  council; the  executive director  may hire  staff;                                                                    
     the executive  director is in the  exempt service under                                                                    
     AS 39.25.110 and  staff members  are in  the classified                                                                    
     service under AS 39.25.100."                                                                                               
                                                                                                                                
     Page 6, line 22, through page 7, line 2:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
3:22:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE CARRICK  described Amendment 2, which  responds to                                                               
comments from  the current  director of  the Council  on Domestic                                                               
Violence  and  Sexual  Assault.   Amendment  2  would  create  an                                                               
executive director position for the  new Council on Human and Sex                                                               
Trafficking  to  alleviate  the potential  overburdening  of  the                                                               
executive director  who, under HB  259, would be  responsible for                                                               
both councils.                                                                                                                  
                                                                                                                                
3:24:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.                                                                      
                                                                                                                                
REPRESENTATIVE VANCE  noted that  the decision  to have  just one                                                               
executive director for both the  Council on Domestic Violence and                                                               
Sexual  Assault  as  well  as   the  Council  on  Human  and  Sex                                                               
Trafficking  was   a  collaborative  idea  put   forward  by  the                                                               
governor's council to reduce the fiscal impact.                                                                                 
                                                                                                                                
3:25:22 PM                                                                                                                    
                                                                                                                                
BRYAN BARLOW,  Deputy Commissioner,  Office of  the Commissioner,                                                               
Department of  Public Safety; Chair, Governor's  Council on Human                                                               
and Sex Trafficking, thanked Representative  Vance.  He explained                                                               
that the one  director/two board model can work.   The council is                                                               
important to  victims in  Alaska and  there is  no intent  to the                                                               
dilute  effectiveness of  the council.   He  made note  of fiscal                                                               
responsibility.                                                                                                                 
                                                                                                                                
3:27:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked Deputy  Commissioner Barlow  if there                                                               
was a discussion of having  two program coordinators.  To oversee                                                               
the council  is a  lot of work.   She noted  that Alaska  has the                                                               
highest  rate of  domestic  violence and  sexual  assault in  the                                                               
nation.    She  asked  if different  staffing  levels  have  been                                                               
considered to effectively combat  issues of domestic violence and                                                               
sexual assault in the state.                                                                                                    
                                                                                                                                
3:28:55 PM                                                                                                                    
                                                                                                                                
MR.  BARLOW   agreed  that  the   goal  is  not  to   dilute  the                                                               
effectiveness  of  the  current administrative  staffing  of  the                                                               
Council on Domestic  Violence and Sexual Assault.   There will be                                                               
a new administrative assistant and  program coordinator to ensure                                                               
there  are adequate  support staff  to organize  the work  of the                                                               
councils.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  STORY expressed  her concern  with understaffing.                                                               
She said that adequate funding is necessary for success.                                                                        
                                                                                                                                
3:30:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  noted the  value  of  Amendment 2  and                                                               
acknowledged  the  overwhelming  testimony.   He  suggested  that                                                               
Amendment 2  could be  revisited next year  once the  workload is                                                               
assessed by the director of the councils.                                                                                       
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  brought up  the fiscal  note for  new                                                               
staff positions and sought to address the costs.                                                                                
                                                                                                                                
MR.  BALLINGER  said  that  Amendment   2  would  include  a  new                                                               
executive director.                                                                                                           
                                                                                                                              
REPRESENTATIVE C.  JOHNSON sought  clarification and  opined that                                                               
adding another coordinator  position wouldn't have as  much of an                                                               
impact as adding more support staff.                                                                                            
                                                                                                                                
MR.  BALLINGER  said  that  currently  the  Council  of  Domestic                                                               
Violence  and  Sexual  Assault  has about  10  employees  and  an                                                               
executive director.  The new  council would add two employees and                                                               
share  the  existing  executive  director.    He  clarified  that                                                               
Amendment  2  creates  a  new  executive  director  position  and                                                               
eliminates  the need  to share  the existing  executive director.                                                               
He noted a compromise to minimize the costs.                                                                                    
                                                                                                                                
REPRESENTATIVE C. JOHNSON agreed.                                                                                               
                                                                                                                                
3:34:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CARRICK   provided   wrap-up  comments.      She                                                               
emphasized the importance of data  collection.  Through Amendment                                                               
2, she sought the prevention  of overburdening the current duties                                                               
of the existing staff.  HB 259  is a valuable and noble effort to                                                               
combat a  serious problem.   She  noted the  substantial workload                                                               
increase that will  likely occur with HB 259 as  written.  Adding                                                               
an executive director  would help to prevent the  dilution of the                                                               
functions of both councils.  The  problem is serious and there is                                                               
merit to appropriately tackling the issue.                                                                                      
                                                                                                                                
3:36:01 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that the objection was maintained.                                                                         
                                                                                                                                
A roll  call vote was  taken.  Representatives Carrick  and Story                                                               
voted  in  favor  of Amendment  2.    Representatives  Carpenter,                                                               
Johnson, Allard, Wright,  and Shaw voted against  it.  Therefore,                                                               
Amendment 2 failed to be adopted by a vote of 2-5.                                                                              
                                                                                                                                
3:37:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK moved  to adopt  Amendment 3  to HB  259,                                                               
labeled 33-LS1075\B.5, C.Radford, 2/6/24, which read as follows:                                                                
                                                                                                                                
     Page 4, line 28:                                                                                                           
          Delete "one member who"                                                                                               
          Insert "two members, each of whom"                                                                                    
                                                                                                                                
     Page 5, line 3, following "agency;":                                                                                       
          Insert "and"                                                                                                          
                                                                                                                                
     Page 5, lines 4 - 5:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subparagraph accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE CARRICK discussed the codification of a faith-                                                                   
based position  in the Council  on Human and Sex  Trafficking and                                                               
expressed  concerns with  statutorily  designating a  faith-based                                                               
person to  the council in HB  259.  Amendment 3  swaps the faith-                                                               
based seat for  an additional victim advocate seat.   Amendment 3                                                               
removes  the designation  of a  faith-based person  from statute.                                                               
She pointed  out that victim  advocates come from  many different                                                               
organizational perspectives.                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.                                                                      
                                                                                                                                
REPRESENTATIVE VANCE said  she doesn't support Amendment  3.  She                                                               
discussed  the history  of victims  advocate organizations  being                                                               
faith-based.  She  opined that adopting Amendment 3  would send a                                                               
message  that  faith-based  organizations  are  not  specifically                                                               
welcome  on  the   council  in  statute.     The  composition  of                                                               
membership  was  directed  by the  deliberation  of  the  current                                                               
governor's  Council  on  Human  and Sex  Trafficking.    As  bill                                                               
sponsor,  she  expressed  her  preference   of  adhering  to  the                                                               
council's work and consideration.                                                                                               
                                                                                                                                
REPRESENTATIVE WRIGHT maintained his objection.                                                                                 
                                                                                                                                
3:41:42 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Carrick  voted in                                                               
favor  of  Amendment  3.     Representatives  Wright,  Carpenter,                                                               
Johnson, Allard,  Story, and Shaw  voted against it.   Therefore,                                                               
Amendment 3 failed by a vote of 1-6.                                                                                            
                                                                                                                                
3:42:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON said that  everyone who serves  on the                                                               
Human and Sex  Trafficking Council is highly  devoted to victims'                                                               
advocacy.                                                                                                                       
                                                                                                                                
CHAIR SHAW asked for a motion.                                                                                                  
                                                                                                                                
3:43:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT  moved to report  HB 259, as  amended, from                                                               
committee  with   individual  recommendations   and  accompanying                                                               
fiscal  notes.  There being  no  objection,  CSHB 259  (STA)  was                                                               
reported from the House State Affairs Standing Committee.                                                                       

Document Name Date/Time Subjects
HB 286 Sectional Analysis version A.pdf HSTA 2/8/2024 3:00:00 PM
HSTA 2/20/2024 3:00:00 PM
HSTA 2/27/2024 3:00:00 PM
HB 286
HB 286 Sponsor Statement version A.pdf HSTA 2/8/2024 3:00:00 PM
HSTA 2/20/2024 3:00:00 PM
HSTA 2/27/2024 3:00:00 PM
HB 286
HB 259 - Alaska Governor's Council on Human and Sex Trafficking Data Summary Document January 2024.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 259 - Sectional Analysis2.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 259 - GCHST-Final-Report-Sept2022.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 259 Sponsor Statement - Alaska Council on Human and Sex Traffickings.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 259 Support Document - CHST Information 01.31.2024.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 259 Bill Presentation.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 259
HB 265 - Sectional Analysis.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 265
HB 265 Sponsor Statement - Child Sexual Abuse Material (CSAM).pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 265
HB 265 Supporting Documents - Alaska bill looks to legally retire misleading term, ‘child pornography’ - Alaska Watchman.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 265
HB 265 Supporting Documents - CALL IT WHAT IT IS - Child Rescue Coalition.pdf HSTA 2/1/2024 3:00:00 PM
HSTA 2/8/2024 3:00:00 PM
HB 265
HB 286 Support Document Yani Morley.pdf HSTA 2/8/2024 3:00:00 PM
HSTA 2/20/2024 3:00:00 PM
HSTA 2/27/2024 3:00:00 PM
HB 286
HB 286 Presentation.pdf HSTA 2/8/2024 3:00:00 PM
HSTA 2/20/2024 3:00:00 PM
HSTA 2/27/2024 3:00:00 PM
HB 286