Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/16/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB8 | |
| SB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 8 | TELECONFERENCED | |
| *+ | SB 77 | TELECONFERENCED | |
HB 8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
3:39:12 PM
CHAIR BISHOP announced consideration of HB 8.
3:39:23 PM
TIM CLARK, staff to Representative Bryce Edgmon, sponsor of HB
8, Alaska State Legislature, Juneau, Alaska, introduced HB 8 for
the sponsor. He said that HB 8 reconciles state statutes that
are now in conflict with federal law under the Violence Against
Women Act (VAWA), which makes sure that a protection order
issued in another jurisdiction (meaning another state or tribal
court) is treated no differently than a protective order issued
by an Alaska State court. Under existing statute, state law
enforcement is only compelled to enforce a protection order from
another jurisdiction if it has been first filed with a clerk of
an Alaskan court.
MR. CLARK said HB 8 ensures that a protection order from another
state or a tribal court would be given full faith and credit
with no requirement that it first be registered with the state.
This efficiency is important to some peoples' immediate safety.
The state is already enforcing existing provisions in the
superseding federal law, but it's important to clean up state
statute to eliminate possible complications in prosecutions and
any risk of lawsuits for the state. The bill carries a zero
fiscal note.
CHAIR BISHOP asked for an example of what a "potential conflict"
could be if the state isn't in compliance with federal law.
MARY LUNDQUIST, Assistant Attorney General, Department of Law
(DOL), Civic Division, Opinions, Appeals, and Ethics Section,
Fairbanks, Alaska, said she didn't have any specific examples of
ongoing conflicts, because the state complies with VAWA now.
However, the state law is out of sync with federal law, because
it requires registration of tribal protection orders, and this
bill would eliminate that inconsistency. By doing that it would
also eliminate the possibility for a prosecutor to say the state
wasn't complying with state law by not arresting a person for
violating a protection order in the future, even though the
federal law would pre-empt the state law requirements.
CHAIR BISHOP opened public comment.
3:43:44 PM
CAITLYN KELLY, representing herself, Juneau, Alaska, supported
HB 8. She said her older sister has a long-term, criminal
protective order against someone in California. When she came
back up to Alaska, this person followed her. He came to the
house where she was staying and attacked her. The police were
called; he was found and arrested, but he wasn't charged with
violating a protective order, because under state law it has to
be registered. Her sister didn't know that, because the
protective order says that it's enforceable in all 50 states.
The fact that a protective order has to be registered isn't a
well-known procedure or information that is readily available to
the public.
SENATOR GARDNER thanked Ms. Kelly for testifying.
MS. KELLY reiterated that she felt it "very crucial" to pass
this bill, because this person has made life-threatening
comments against her sister. That is why the protective order is
there.
3:46:14 PM
CHAIR BISHOP, finding no further comments, closed public
testimony and held HB 8 for a later hearing.