03/11/2025 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB50 | |
| HB47 | |
| HB58 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 47 | TELECONFERENCED | |
| *+ | HB 58 | TELECONFERENCED | |
| *+ | HB 50 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 11, 2025
8:01 a.m.
MEMBERS PRESENT
Representative Rebecca Himschoot, Co-Chair
Representative Donna Mears, Co-Chair
Representative Carolyn Hall
Representative Ky Holland
Representative Mike Prax
Representative Justin Ruffridge
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 50
"An Act relating to snow classics."
- HEARD & HELD
HOUSE BILL NO. 47
"An Act relating to crime and criminal procedure; relating to
generated obscene child sexual abuse material; relating to the
powers of district judges and magistrates; relating to teaching
certificates; and relating to licensing of school bus drivers."
- HEARD & HELD
HOUSE BILL NO. 58
"An Act relating to the office of public advocacy; and relating
to the public advocate."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 50
SHORT TITLE: SNOW CLASSICS
SPONSOR(s): REPRESENTATIVE(s) HANNAN
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) CRA, L&C
03/11/25 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 47
SHORT TITLE: GENERATED OBSCENE CHLD SEX ABUSE MATERIAL
SPONSOR(s): REPRESENTATIVE(s) VANCE
01/22/25 (H) PREFILE RELEASED 1/17/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) CRA, JUD
03/11/25 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 58
SHORT TITLE: OPA: PUBLIC ADVOCATE APPOINTMENT
SPONSOR(s): REPRESENTATIVE(s) FIELDS
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) CRA, STA
03/11/25 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE SARA HANNAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 50.
HUNTER MEACHUM, Staff
Representative Sara Hannan
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 50,
on behalf of Representative Hannan, prime sponsor.
MARTHA ABEL, Gaming Group Manager
Tax Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
50.
FRANKIE PILLIFANT, President
Juneau Nordic Ski Club Board
Juneau, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 50.
REPRESENTATIVE SARAH VANCE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 47.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 47
and answered questions on behalf of Representative Vance, prime
sponsor.
TREVOR STORRS, President/CEO
Alaska Children's Trust
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 47.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
47.
REPRESENTATIVE ZACK FIELDS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 58.
COURTNEY OWENS, Staff
Representative Zack Fields
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 58,
on behalf of Representative Fields, prime sponsor.
BRANT MCGEE, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 58.
SUSANNE DIPIETRO, Executive Director
Alaska Judicial Council
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 58.
ACTION NARRATIVE
8:01:06 AM
CO-CHAIR HIMSCHOOT called the House Community and Regional
Affairs Standing Committee meeting to order at 8:01 a.m.
Representatives Prax, Hall, Holland, Himschoot, and Mears were
present at the call to order. Representative Ruffridge arrived
as the meeting was in progress.
HB 50-SNOW CLASSICS
8:02:21 AM
CO-CHAIR HIMSCHOOT announced that the first order of business
would be HOUSE BILL NO. 50, "An Act relating to snow classics."
8:02:38 AM
REPRESENTATIVE SARA HANNAN, Alaska State Legislature, as prime
sponsor, paraphrased the sponsor statement [included in the
committee packet], which read as follows [original punctuation
provided]:
Currently in statute, conducting a "snow classic" a
game of chance in which prize money is awarded to the
closest guess of the total snow accumulation on the
ground at a specific location on a specific date and
time is limited to a site on Mount Alyeska and
administered by Four Valleys Community School, Inc.
HB 50 would remove these two restrictions, allowing
other entities around the state to conduct snow
classics to raise money for worthy causes.
Permitting for such games of chance is administered by
the Tax Division in the Department of Revenue. Permits
are limited to municipalities and qualified
organizations, such as civic or charitable
organizations, that operate without profits to their
membership.
I would be grateful for your support of HB 50.
8:04:32 AM
HUNTER MEACHUM, Staff, Representative Sara Hannan, Alaska State
Legislature, on behalf of Representative Hannan, prime sponsor,
presented the sectional analysis for HB 50 [included in the
committee packet], which read as follows [original punctuation
provided]:
Sec. 1: AS 05.15.690(47), The definition of a snow
classic is broadened by removing the requirement for
snow classics to be exclusively operated by Four
Valleys Community School, Inc. for a specific site on
Mount Alyeska.
8:05:23 AM
REPRESENTATIVE HOLLAND asked what proliferation the bill would
have and whether the Tax Division would implement guidelines on
the allowable number of events per area.
MS. MEACHUM stated that the Department of Revenue (DOR) requires
snow classic participants to be a qualified 501(c)(3) or
municipality.
8:07:59 AM
MARTHA ABEL, Gaming Group Manager, Tax Division, Department of
Revenue (DOR), said there's no limit on the number of snow
classic events that can be held by a permit holder.
REPRESENTATIVE HOLLAND inquired as to the number of permit
holders in the state.
MS. ABEL reported that there were 1,036 permit holders in 2023.
REPRESENTATIVE HANNAN asked Ms. Abel to describe what it takes
to be a permit holder.
MS. ABEL said permit holders are required to submit an
application, bylaws, and meeting minutes, and are required to
set up a checking account specifically for gaming. The entity
must be either a nonprofit organization or a municipality and
must have been active for the past three years.
8:11:54 AM
CO-CHAIR MEARS asked whether there are parallels between the
snow classic and other raffle opportunities, for example.
MS. ABEL agreed that the raffle is a similar game type with a
fee structure, a prize, and the winner being selected by chance.
8:13:14 AM
REPRESENTATIVE HALL inquired as to the background and history of
the snow classic.
MS. ABEL did not know the answer.
MS. MEACHUM explained that the snow classic originated as an
idea in 2011 from former Representative Mike Hawker and passed
the legislature in 2012.
8:14:18 AM
REPRESENTATIVE PRAX asked how "snow accumulation" would be
defined.
MS. MEACHUM shared her understanding that the administrative
organization would measure the snow.
8:15:11 AM
REPRESENTATIVE RUFFRIDGE asked whether the bill would allow
anyone to offer a snow classic.
MS. MEACHUM reiterated that any qualified nonprofit organization
or municipality could administer a snow classic if they obtained
a permit from DOR.
CO-CHAIR HIMSCHOOT asked whether the snow classic could take
place anywhere in Alaska.
MS. MEACHUM said yes, any specific location on a specific date.
8:16:51 AM
REPRESENTATIVE HANNAN added that the permit holder would have to
select a specific location and could further define "total snow
accumulation" in the permit application. She noted that snow
classics are not significant revenue generators because tickets
are sold individually.
8:18:54 AM
REPRESENTATIVE PRAX expressed concern that the definition of
"total snow accumulation" could be challenged for litigious
purposes.
REPRESENTATIVE HANNAN responded that it would behoove the entity
to use a less generalized term than "total snow accumulation,"
and instead, specify depth of snow on a specific date at a
specific time.
8:20:58 AM
FRANKIE PILLIFANT, President, Juneau Nordic Ski Club Board, gave
invited testimony during the hearing on HB 50. She paraphrased
from written testimony [included in the committee packet], which
read as follows [original punctuation provided]:
On behalf of the Juneau Nordic Ski Club (JNSC), I
write to express our 501c3 organization's strong
support for the passage of HB50. This bill would allow
the JNSC to operate a fundraiser, the 'Snow Classic',
for the purpose of additional financial support for
our youth programs. Currently the JNSC raises more
than $30,000 annually to support our youth skiers, but
our sources are strained with the ever-increasing cost
of equipment, insurance, travel, and the many other
costs associated with operating a ski program. The
passage of HB50 is an essential complement to other
fundraising efforts.
The JNSC is dedicated to promoting the sport of cross-
country skiing and fostering community connections
through outdoor recreation. Our youth programs offer
opportunities for local students to engage in healthy,
challenging age-appropriate activities while building
life skills such as teamwork, perseverance, and
discipline. The High School Ski Team has developed
exceptional athletes who have gone on to represent
Alaska in regional and state competitions.
Fundraising is vital in providing financial support to
our athletes, ensuring that all have the opportunity
to participate. Many youth sports programs Alaska not
connected by road are presented with significant
financial challenges and conduct community-based
fundraising to support the higher cost of travel,
equipment, and coaching. HB50 legislation is an
essential fundraising tool for the continued success
and growth of the youth ski programs that include
elementary, middle, and high school levels.
Your passage of HB50 will add to the JNSC financial
tools that support the local cross-country ski
programs. We urge you to vote yes on HB50.
Thank you for your time and consideration of this
request. Please reach out with any questions.
8:26:25 AM
REPRESENTATIVE HOLLAND asked how the funds from this fundraising
source would be used.
MS. PILLIFANT said she envisioned it going to the youth program,
which accounts for half of the club's budget due to travel.
8:28:00 AM
CO-CHAIR HIMSCHOOT announced that HB 50 would be held over.
8:28:19 AM
The committee took a brief at-ease at 8:28 a.m.
HB 47-GENERATED OBSCENE CHLD SEX ABUSE MATERIAL
8:29:24 AM
CO-CHAIR HIMSCHOOT announced that the next order of business
would be HOUSE BILL NO. 47, "An Act relating to crime and
criminal procedure; relating to generated obscene child sexual
abuse material; relating to the powers of district judges and
magistrates; relating to teaching certificates; and relating to
licensing of school bus drivers."
8:29:39 AM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor, presented HB 47. She gave a PowerPoint presentation on
HB 47 [included in the committee packet], beginning on slides 1
and 2, which read as follows [original punctuation provided]:
HB 47 Generated CSAM
Combats the creation, possession, and distribution of
AI generated child s-xual [sic] abuse material.
AI enables the creation of virtual sexual images of
children indistinguishable from reality.
REPRESENTATIVE VANCE continued to slide 3, which read as follows
[original punctuation provided]:
AI or computer-generated CSAM poses many dangers to
children, including:
• Perpetrators can now generate, alter or collage
depictions of children that are indistinguishable from
depictions of real children.
• They can use parts of images of real children to
create a composite image that is unidentifiable as a
particular child, and in a way that prevents even an
expert from concluding that parts of images of real
children were used.
• Sexually explicit depictions involving childreneven
if no physical abuse occurs during their creationhas
significant psychological and long-term impacts on the
children depicted.
• Artificially-generated or computer-edited CSAM
further re-victimizes actual child victims, as their
images are collected from the Internet and studied by
artificial intelligence tools to create new images.
• Child predators can also use artificially-generated
or computer-edited CSAM to extort minors and their
families for financial gain.
• Overwhelming law enforcement's capabilities to
identify and rescue real-life victims, child safety
experts warn.
REPRESENTATIVE VANCE turned to slides 4 and 5, which addressed
the acceleration of dangerous content by artificial intelligence
(AI) and the impact of its proliferation. She continued to
slide 6, which read as follows [original punctuation provided]:
INCREASE IN AI-GENERATED CSAM: According to the IWF
study between October 2023 and July of 2024 over 3,500
new AI-generated criminal child sexual abuse images
were uploaded to one dark web forum alone AI CSAM
FEATURING KNOWN VICTIMS: ·Perpetrators increasingly
use fine-tuned AI models to generate new imagery of
known victims of child sexual abuse or famous
children.
MORE SEVERE IMAGES: Of the AI-generated images
confirmed to be child sexual abuse on the forum, more
images depicted the most severe Category A abuse,
indicating that perpetrators are more able to generate
complex 'hardcore' scenarios.
8:35:35 AM
The committee took an at-ease from 8:35 a.m. to 8:37 a.m.
8:37:15 AM
REPRESENTATIVE VANCE played a video illustrating the issues
surrounding AI-generated child sexual abuse material (CSAM).
She turned to slide 7, which read as follows [original
punctuation provided]:
State Laws that Criminalize AI-generated or Computer-
edited CSAM
Research by ENOUGH ABUSE has documented that 37 states
have enacted laws that criminalize AI-generated or
computer-edited CSAM, while 13 states and D.C. have
not. More than half of these laws were enacted in 2024
alone.
The National Center for Missing and Exploited Children
(NCMEC) reports that in 2023 alone, it received 4,700
reports of CSAM involving generative AI technology.
REPRESENTATIVE VANCE continued to slide 8, which read as follows
[original punctuation provided]:
EXTENDS ALASKA'S EXISTING PROHIBITIONS ON CHILD SEXUAL
ABUSE MATERIAL (CSAM)
• Includes artificially generated images depicting
identifiable children
EXPANDS CRIMINAL LAW TO COVER ENTIRELY SYNTHETIC, YET
REALISTIC AND OBSCENE IMAGES OF MINORS
• Depicts conduct under AS 11.41.455.
• Meets obscenity criteria under the Miller Test
Exemptions: Protects employees of interactive computer
services, ISPs, and telecommunications providers
detecting/reporting illegal materials.
REPRESENTATIVE VANCE concluded on slide 9, which stated that HB
47 would hold perpetrators accountable for exploiting children's
digital likeness, enhance law enforcement tools, and strengthen
safeguards for children.
CO-CHAIR HIMSCHOOT sought questions from members of the
committee.
8:46:59 AM
REPRESENTATIVE RUFFRIDGE referenced "identifiable child" on page
4 of the bill and questioned the purpose of specifying an
identifiable child, as opposed to including images of a person
who is unidentifiable as a crime as well.
8:47:50 AM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, explained that under current law, generated
material is protected under the First Amendment unless it is
obscene. So, even if the generated material is not obscene, HB
47 would make it prosecutable under Alaska's CSAM statutes if
the child is identifiable without needing to prove the elements
of the Miller Test.
REPRESENTATIVE RUFFRIDGE insisted that the possession of AI-
generated CSAM even if it's not depicting an identifiable
person should still be a crime.
MR. BALLINGER said yes and explained that the bill accomplishes
two things: firstly, it expands existing CSAM statutes to
incorporate identifiable child; secondly, it creates a new
statute that addresses AI generated CSAM. Under HB 47,
generated material depicting any child, identifiable or not,
that meets the elements of the Miller Test would be illegal.
REPRESENTATIVE RUFFRIDGE asked whether the foregoing statute is
in HB 47.
8:51:29 AM
MR. BALLINGER confirmed and called the committee's attention to
Section 2, which adds new statutes that criminalize the
distribution and possession of obscene material and incorporates
the Miller Test in paragraphs (1), (2), and (3).
8:54:17 AM
MR. BALLINGER summarized the sectional analysis for HB 47
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Amends AS 11.61.120(a) to include the
possession and distribution of generated obscene child
sexual abuse Harassment in the second degree, a class
B misdemeanor.
Section 2. Amends AS 11.61 by adding new sections:
• AS 11.61.121 to prohibit the distribution of
generated obscene child sexual abuse material in
a way that closely aligns with the distribution
of child sexual abuse material.
• AS 11.61.122 to prohibit the possession of
generated obscene child sexual abuse material in
a way that closely aligns with the possession of
child sexual abuse material accept that this
material would also have to pass the Miller Test
as outlined in subparagraphs 1-3.
? Paragraph (b) provides that an employee of
a technology company who, while acting in the
scope of employment, accesses the prohibited
material solely to remove the material would
not be held criminally liable.
Section 3. Amends AS 11.61.127(a) to include the
images of a child that "is indistinguishable from an
identifiable child" who, by manipulation, creation, or
modification, appears to be engaged in sexual
conduct within the description of the possession of
child sexual abuse material.
Section 4. Amends AS 11.61.127(b)(2) to provide that
an employee of a technology company who, while
acting in the scope of employment, accesses the
prohibited material solely to remove the material
would
not be held criminally liable.
Section 5. Amends AS 11.61.127(f)(2) to define an
"identifiable child."
Section 6. Amends AS 11.61.129 to include the
possession and distribution of generated obscene child
sexual abuse material as an offense to which a
violator forfeits the property used in the offense.
Section 7: Amends AS 11.66.100(c) to include
possession and distribution of generated obscene child
sexual abuse material as an offense to which a victim
or witness can testify and not risk prosecution for
prostitution to mirror that of distribution and
possession of child sexual abuse material in statute.
Section 8: Amends AS 12.10.010(a) to include
possession and distribution of generated obscene child
sexual abuse material as an offense to which there is
no statute of limitations to mirror that of
distribution
and possession of child sexual abuse material in
statute.
2
Section 9: Amends AS 12.55.078(f) to include
possession and distribution of generated obscene child
sexual abuse material as crimes to which a court may
not suspend the imposition or entry of judgment
and may not defer prosecution to mirror that of
distribution and possession of child sexual abuse
material
in statute.
Section 10: Amends AS 12.55.085(f) to include
possession and distribution of generated obscene child
sexual abuse material as crimes to which a court may
not suspend the imposition of a sentence to mirror
that of distribution and possession of child sexual
abuse material in statute.
Section 11: Amends AS 12.55.100(e) to include
possession and distribution of generated obscene child
sexual abuse material as crimes to which a court
should impose additional obligations on the defendant,
while on probation and as a condition of probation to
mirror that of distribution and possession of child
sexual abuse material in statute.
Section 12: Amends AS 12.55.125(i) to include the
possession and distribution of generated obscene
child sexual abuse material in the sentencing
guidelines to mirror that of distribution and
possession of
child sexual abuse material in statute.
Section 13: Amends AS 12.55.127(d) to include the
possession and distribution of generated obscene
child sexual abuse material as crimes to which a
consecutive term of imprisonment shall be imposed for
some additional term of imprisonment for each
additional crime or each additional attempt or
solicitation
to commit the offense to mirror that of distribution
and possession of child sexual abuse material in
statute.
Section 14: Amends AS 12.55.185(16) to include the
possession and distribution of generated obscene
child sexual abuse material as a "sexual felony" to
mirror that of distribution and possession of child
sexual abuse material in statute.
Section 15: Amends AS 12.62.900(22) to include the
possession and distribution of generated obscene
child sexual abuse material as a "serious offense" to
mirror that of distribution and possession of child
sexual abuse material in statute.
Section 16: Amends AS 14.20.030(b) to include the
possession and distribution of generated obscene
child sexual abuse material as crimes to which the
certificate would be revoked for life upon conviction
of said crime to mirror that of distribution and
possession of child sexual abuse material in statute.
Section 17: Amends 28.15.046(c) to include the
possession and distribution of generated obscene child
sexual abuse material as a crime that will remove the
eligibility to hold a bus driver's license to mirror
that of distribution and possession of child sexual
abuse material in statute.
Section 18: Amends AS 44.23.080(a) to include the
possession and distribution of generated obscene
child sexual abuse as a violation that qualifies for
an administrative subpoena to obtain the business
records of the Internet service provider to mirror
that of distribution and possession of child sexual
abuse
material in statute.
Section 19: Amends AS 47.12.110(d) to include the
possession and distribution of generated obscene
child sexual abuse material as crimes which a court
may make open to the public if the department files
with the court a motion asking the court to open the
hearing to the public to mirror that of distribution
and possession of child sexual abuse material in
statute.
3
Section 20: Amends AS 47.12.315(a) to include the
possession and distribution of generated obscene
child sexual abuse material as a crime a department
shall disclose information to the public to mirror
that of distribution and possession of child sexual
abuse material in statute.
Section 21: Amends uncodified law of the State of
Alaska to verify that none of the criminal provisions
of the statute are intended to apply retroactively.
8:57:10 AM
TREVOR STORRS, President/CEO, Alaska Children's Trust, gave
invited testimony during the hearing on HB 47. He said
expanding Alaska's criminal law to include generated CSAM would
allow law enforcement officials to more effectively investigate
and prosecute these crimes and help deter sexual exploitation of
children. He said the time to act on this emerging issue is
now, as predators are using AI technology to alter images of
real minors, which can be used to extort children for money or
explicit content. The use of AI-generated CSAM has already
impacted Alaska's children in a case on Joint Base Elmendorf-
Richardson (JBER). He encouraged the legislature's support.
9:00:02 AM
CO-CHAIR HIMSCHOOT asked what the bill would achieve by adding
this into state law that couldn't already be accomplished under
federal law.
MR. BALLINGER stated that it would allow the state to prosecute
these cases without relying on the prosecutorial discretion of
the federal government.
CO-CHAIR HIMSCHOOT questioned the difference in penalty between
state and federal law.
MR. BALLINGER did not know the answer. He deferred to the
Department of Law (DOL).
9:01:55 AM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), offered to follow up with the requested
information.
CO-CHAIR HIMSCHOOT asked whether the state could arrest and
prosecute on federal charges.
MS. SCHROEDER answered no, the state prosecutes states crimes,
and the federal government prosecutes federal crimes; however,
they could work in partnership.
9:03:47 AM
REPRESENTATIVE PRAX asked whether the bill would apply to a
scenario involving pornographic material of the Mona Lisa, for
example.
MS. SCHROEDER said there are two prongs to the bill: one that
amends the existing CSAM statutes and applies to an identifiable
child, and another that applies to generated CSAM and does not
require the identity of a child be proven. In the later
instance, the material need only look like a child engaging in
obscene sexual activity. She added that case law provides
guidance on how to do that while preserving First Amendment
protections.
REPRESENTATIVE PRAX asked how one would distinguish between a
child and an adult.
MS. SCHROEDER said even under current law, the state tends not
to charge things that are "close to the line" and the child must
appear to be under the age of 18.
9:06:42 AM
REPRESENTATIVE RUFFRIDGE asked for the definition of "generated"
with regard to CSAM.
MS. SCHROEDER stated that there's not a definition in the bill;
however, AI-generation is not a necessary element of the crime.
All prosecution must prove is that the individual possessed
images that look like a child under the age of 18 who appears to
be engaging in conduct that is sexual in nature, and that the
image is obscene.
REPRESENTATIVE RUFFRIDGE asked why possession of any obscene
CSAM is not being criminalized by the bill regardless of whether
its generated or not.
MS. SCHROEDER pointed out that although the title of the offense
includes the word "generated," it does not appear in the body of
the statute itself. She reiterated that there's no legal reason
for the inclusion of the word "generated."
9:09:02 AM
REPRESENTATIVE HOLLAND contended that "generated" is included in
the bill on page 3, lines 3 and 22, for example.
REPRESENTATIVE VANCE said the goal is to avoid being overly
specific with the use of the term "AI-generated," but the
inclusion of "generated" is useful because it expands the
state's existing CSAM statute, which does not address the
technology that's being utilized to perpetuate these crimes.
CO-CHAIR HIMSCHOOT announced that HB 47 would be held over.
9:12:11 AM
The committee took a brief at-ease at 9:12 a.m.
HB 58-OPA: PUBLIC ADVOCATE APPOINTMENT
9:13:30 AM
CO-CHAIR HIMSCHOOT announced that the final order of business
would be HOUSE BILL NO. 58, "An Act relating to the office of
public advocacy; and relating to the public advocate."
9:13:44 AM
REPRESENTATIVE ZACK FIELDS, Alaska State Legislature, as prime
sponsor, presented HB 58. He paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
The Office of Public Advocacy (OPA) was created in
1984 by the Alaska Legislature to provide legal
advocacy and guardianship services to vulnerable
Alaskans. Before OPA, the court system acted as the
public guardian for low-income clients and appointed
private attorneys when the Public Defender Agency
(PDA) had a conflict of interest. The PDA provides
court-appointed legal representation as required by
the Constitution. Both OPA and PDA are part of the
Department of Administration.
Initially, OPA was responsible for public
guardianship, guardian ad litem (GAL) services, legal
representation for low-income individuals, and
supporting private guardians and conservators in
accessing necessary services. Over time, OPA's
responsibilities have grown to include legal
representation and GAL services in cases involving
termination of parental rights, children testifying in
criminal proceedings, juvenile delinquency
proceedings, protective orders for minors, elder
fraud, and other areas.
Today, OPA and PDA operate as separate law firms of
comparable size, yet their leadership selection
processes differ significantly. The Alaska Judicial
Council nominates candidates for PDA Director (Public
Defender), from which the Governor chooses. However,
the Public Advocate (OPA Director) position lacks this
initial vetting process by the Council, despite both
positions requiring substantial legal experience.
Additionally, the Public Defender has a term limit of
at least four years, while the Public Advocate serves
at the pleasure of the Commissioner and can be
terminated at any time.
House Bill 58 would make the selection of the Public
Advocate analogous with that of the Public Defender.
The bill aims to standardize the nomination process to
ensure stability and continuity in this important
agency.
9:18:29 AM
COURTNEY OWENS, Staff, Representative Zack Fields, Alaska State
Legislature, on behalf of Representative Fields, prime sponsor,
presented the sectional analysis for HB 58 [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1: Amends AS 13.26.750(a), changing the title
from "COMMISSIONER OF ADMINISTRATION" to "public
advocate."
Section 2: Amends AS 36.30.305(a), changing the title
from "DIRECTOR OF THE OFFICE OF PUBLIC ADVOCACY" to
"public advocate."
Section 3: Amends AS 36.30.850(b)(31), changing the
title from "DIRECTOR OF THE OFFICE OF PUBLIC ADVOCACY"
to "public advocate."
Section 4: Amends AS 44.21.400 to read: (with
reference to the "public advocacy office")
"The office is administered by the public advocate."
Section 5: Amends AS 44.21 by adding a new section
that reads:
"Sec.44.21.405. Appointment, removal, and
vacancy."
Subsection (a) directs the governor to appoint
the public advocate for a term of four years,
from persons nominated by the judicial council
and subject to majority confirmation by the joint
legislature. Retention of the public advocate
requiring only similar legislative approval.
Subsection (b) lays out the removal process for
the public advocate, a power held by the
governor, who need only submit a report stating
the reasons and notify the legislature of the
report within 10 days after the convening of the
regular session.
Subsection (c) required eligibility entails
acquiring admittance to practice law in the State
of Alaska.
NOTE: This mirrors the existing Sec. 44.21.430
(requiring employees of the public advocacy
office to be licensed to practice law in the
State of Alaska.
Subsection (d) during vacancy, the governor has
discretionary authority to appoint an "acting
public advocate" and the joint duty (with
judicial council) to fill the vacancy as soon as
possible.
Section 6: Amends AS 44.21.410(a)(7), changing the
title from "COMMISSIONER OF ADMINISTRATION" to "public
advocate."
Section 7: Amends AS 44.21.410(b), changing the title
from "COMMISSIONER OF ADMINISTRATON" to "public
advocate" (and under (b)(1): "COMMISSIONER" to "public
advocate").
Section 8: Amends AS 44.21.415(c), changing the title
from "COMMISSIONER" to "public advocate."
Section 9: Amends AS 44.21.415(e), changing the title
from "COMMISSIONER OF ADMINISTRATION" to "public
advocate."
Section 10: Amends AS 44.21.420, changing the title
from "COMMISSIONER OF ADMINISTRATON" in subsection (a)
and "COMMISSIONER" in subsections (b), & (c), to
ublic advocate."
Section 11: The uncodified law of the State of Alaska
is amended by adding a new section, titled:
"TRANSITION" and to read:
Subsection (a): Provides for the continuity of
all orders, regulations, contracts, rights,
liabilities and obligations issued, created, or
adopted by the predecessor to the envisioned
public advocate (the commissioner of
administration) and by the pre-existing law
changed by this bill.
Subsection (b): Provides for the continuity of
governance by allowing the individual employed as
the director of the office of public advocacy on
the day before the effective date of this Act to
serve as the public advocate until the governor
appoints a new public advocate.
CO-CHAIR HIMSCHOOT sought questions from members of the
committee.
9:22:07 AM
REPRESENTATIVE HOLLAND asked whether, beyond harmonizing the two
processes, the process for selecting the public defender (PD)
could be improved as well.
REPRESENTATIVE FIELDS said he is not aware of feedback from
former PDs or Office of Public Advocacy (OPA) directors who have
suggested that.
9:23:45 AM
BRANT MCGEE, former public advocate (PA), gave invited testimony
on HB 58. He said the bill would correct a mistake that was
made 41 years ago. He listed three reasons for supporting the
bill: the position is not a policy position and therefore,
should not be subject to supervision or direction from the
administration; it resolves a formal conflict of interest
because the PA represents opposing parties to the State of
Alaska in both criminal defense and child in need of aide (CINA)
proceedings; and its good government because it could provide
public accountability for otherwise secret proceedings.
9:29:55 AM
REPRESENTATIVE PRAX asked how the proposed change would resolve
the conflict of interest and be considered good government. He
expressed concern that the bill would grant "extraordinary
authority" compared to other positions.
MR. MCGEE explained that OPA is analogous to the Public Defender
Agency (PDA) and should be an independent agency representing
individual Alaskans who are often opposing parties to the State
of Alaska in legal proceedings. He said the reason the PD is
selected through the Alaska Judicial Council is to allow [the
PDA] to operate independent from political authority.
9:31:52 AM
REPRESENTATIVE PRAX asserted that Mr. McGee's experience would
indicate that the OPA already runs independent from the
administration's influence. He maintained his uncertainty as to
how the bill would address a problem.
MR. MCGEE characterized his tenure as "series of miracles"
because he was able to ignore the political pressure he
experienced. He opined that the position should be formally
protected from political pressure because of the nature of the
agency's role and the PA should be able to operate completely
independently without looking over their shoulder for fear of
displeasing the administration.
9:34:54 AM
SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council,
Alaska Court System (ACS), gave invited testimony during the
hearing on HB 58. She described the process of screening and
nominating candidates for the PD. Applicants are rigorously
investigated and vetted with extensive background checks,
performance reviews, credit and criminal history checks, and
public input. After an interview with each candidate and much
deliberation, the council makes a public vote and nominates at
least two of the most qualified individuals.
9:39:39 AM
REPRESENTATIVE FIELDS noted that the Alaska Judicial Council is
established in Section 8, Article 4 of the Alaska Constitution.
He clarified that the issue was brought forward by someone who
worked for OPA and is not a criticism of the current director or
the administration.
9:41:59 AM
CO-CHAIR HIMSCHOOT announced that HB 58 would be held over.
9:42:44 AM
The committee took a brief at-ease at 9:42 a.m.
9:42:56 AM
CO-CHAIR HIMSCHOOT gave closing remarks and reviewed the
upcoming schedule.
9:43:14 AM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 9:43 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 47 (34-LS0334-A) - Sponsor Statement.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Version A.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 (34-LS0334-A) - Sectional Analysis.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Fiscal Note - DOA-OPA 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Fiscal Note - DOA-PDA 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Fiscal Note - EED-FSS 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Fiscal Note - JUD-ACS 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Fiscal Note - LAW-CJL 3.6.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 - Supporting Document, AI-Generated Child Sexual Abuse Materia....pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 - Research, IWF Report Update (What has Changed...).pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 - Research, IWF Report (How AI is being abused to create child sexual abuse imagery).pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 - Article (Army Soldier Arrested for Using AI to Generate Child).pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 47 Presentation - AI CSAM - Rep. Vance 3.11.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 4/24/2025 8:00:00 AM |
HB 47 |
| HB 50, version A.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 5/6/2025 1:30:00 PM |
HB 50 |
| HB 50 Sectional Analysis, version A.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 4/22/2025 1:30:00 PM SCRA 5/6/2025 1:30:00 PM |
HB 50 |
| HB 50 Fiscal Note - DOR-TAX 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 4/22/2025 1:30:00 PM SCRA 5/6/2025 1:30:00 PM |
HB 50 |
| HB 50 Juneau Nordic Ski Club Letter of Support 2.12.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 4/22/2025 1:30:00 PM |
HB 50 |
| HB 50 Research - Alaska Department of Revenue Tax Division 2023 Charitable Gaming Annual Report.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 4/22/2025 1:30:00 PM SCRA 5/6/2025 1:30:00 PM |
HB 50 |
| HB 58 ver. A Sponsor Statement.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 5/13/2025 1:30:00 PM |
HB 58 |
| HB 58 v. A.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM |
HB 58 |
| HB 58 ver. A Sectional Analysis.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 5/13/2025 1:30:00 PM |
HB 58 |
| HB 58 Fiscal Note - DOA-OPA 3.7.25.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM |
HB 58 |
| HB 58 Research - CH 55 SLA 1984.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 5/13/2025 1:30:00 PM |
HB 58 |
| HB 58 Research - SB 312 Fiscal Analysis.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM SCRA 5/13/2025 1:30:00 PM |
HB 58 SB 312 |
| HB 58 Research - DOA HFIN.SFIN SubCom OPA Presentation 2.27.24.pdf |
HCRA 3/11/2025 8:00:00 AM HCRA 3/13/2025 8:00:00 AM HCRA 3/18/2025 8:00:00 AM |
HB 58 |