Legislature(2019 - 2020)ADAMS ROOM 519

04/23/2019 01:30 PM FINANCE

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                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 23, 2019                                                                                            
                         1:30 p.m.                                                                                              
1:30:18 PM                                                                                                                    
CALL TO ORDER                                                                                                                 
Co-Chair Wilson  called the House Finance  Committee meeting                                                                    
to order at 1:30 p.m.                                                                                                           
MEMBERS PRESENT                                                                                                               
Representative Neal Foster, Co-Chair                                                                                            
Representative Tammie Wilson, Co-Chair                                                                                          
Representative Jennifer Johnston, Vice-Chair                                                                                    
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Andy Josephson                                                                                                   
Representative Gary Knopp                                                                                                       
Representative Bart LeBon                                                                                                       
Representative Kelly Merrick                                                                                                    
Representative Colleen Sullivan-Leonard                                                                                         
Representative Cathy Tilton                                                                                                     
MEMBERS ABSENT                                                                                                                
ALSO PRESENT                                                                                                                  
Representative  John Lincoln,  Sponsor;  Rose Foley,  Staff,                                                                    
Representative  John   Lincoln;  Carmen   Lowrey,  Executive                                                                    
Director,  Alaska Network  on Domestic  Violence and  Sexual                                                                    
Assault; Representative Geran Tarr, Sponsor.                                                                                    
PRESENT VIA TELECONFERENCE                                                                                                    
John  Skidmore, Director,  Criminal Division,  Department of                                                                    
Law;  Elizabeth Williams,  No More  Free Passes,  Anchorage;                                                                    
Janell Manchester,  49th Rising, Fairbanks;  Lynnette Clark,                                                                    
Self,   Fox;  Suzy   Crosby,   Cottonwood  Farm;   Christina                                                                    
Carpenter,  Director,  Division   of  Environmental  Health,                                                                    
Department  of Environmental  Conservation; Robert  Gerlach,                                                                    
State    Veterinarian,     Department    of    Environmental                                                                    
Conservation;   Eric  Havner,   Mat-Su  Goat   Share  Group,                                                                    
Fairbanks;  Louisa  Castrodale,  Veterinary  Epidemiologist,                                                                    
Division  of Public  Health; Donna  Celia, Self,  Anchorage;                                                                    
Kelli Krause, Self, Wasilla;  Cece Mendosa, Self, Girdwoord;                                                                    
Art  Griswold, Golden  Heart Dairy,  Delta Junction;  Louisa                                                                    
Castrodale,  Veterinary Epidemiologist,  Division of  Public                                                                    
Health, Department of Health and Social Services.                                                                               
HB 14     ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR                                                                               
          HB 14 was HEARD and HELD in committee for further                                                                     
HB 16     LOCAL FOOD PROCUREMENT; LABELING                                                                                      
          HB 16 was HEARD and HELD in committee for further                                                                     
Co-Chair Wilson reviewed the meeting agenda.                                                                                    
HOUSE BILL NO. 14                                                                                                             
     "An  Act  relating  to assault  in  the  first  degree;                                                                    
     relating to  sex offenses;  relating to  the definition                                                                    
     of  'dangerous   instrument';  and  providing   for  an                                                                    
     aggravating  factor  at  sentencing  for  strangulation                                                                    
     that results in unconsciousness."                                                                                          
1:30:53 PM                                                                                                                    
REPRESENTATIVE  JOHN  LINCOLN, SPONSOR,  introduced  himself                                                                    
and  thanked  the  committee  for  hearing  the  legislation                                                                    
intended to fix  issues that had come to  light the previous                                                                    
year. He referenced the situation  where a man had strangled                                                                    
a woman  and ejaculated on  her while she was  unconscious -                                                                    
the  man had  not received  any  jail time.  The bill  would                                                                    
change the law  resulting in jail time  for specific crimes.                                                                    
He delineated that HB 14  made strangulation to the point of                                                                    
unconsciousness a first degree  assault and included the act                                                                    
on  the list  of aggravating  factors for  other crimes.  In                                                                    
addition,  the  bill  enhanced sexual  assault  statutes  by                                                                    
adding unwanted contact with ejaculate  to the definition of                                                                    
sexual contact  and provided for victim  notification to all                                                                    
sex  crime  victims, rather  than  just  felony victims.  He                                                                    
thanked all the people associated with drafting the bill.                                                                       
1:32:38 PM                                                                                                                    
Representative Josephson  supported the legislation.  He had                                                                    
been told  that due to  the amount of  case law there  was a                                                                    
preference  to keep  verbiage the  same  regarding the  word                                                                    
 semen. He asked if the issue had been discussed.                                                                               
ROSE  FOLEY,  STAFF,  REPRESENTATIVE JOHN  LINCOLN,  replied                                                                    
that at  the advice of  Legislative Legal Services  they had                                                                    
been advised to use the  word ejaculate that was specific to                                                                    
both  genders. She  explained that  semen  referred only  to                                                                    
males and there could be  equal protection issues. Semen may                                                                    
or  may   not  encompass   all  types  of   male  ejaculate.                                                                    
Representative Josephson pointed to  the language on page 2,                                                                    
lines 4 through  6, of the bill that made  strangulation  an                                                                    
assault and noted  that the same language  established it as                                                                    
an  aggravator  on  page  7.  He asked  for  detail  on  the                                                                    
decision to  include the language twice.  Ms. Foley answered                                                                    
that  the decision  had been  made to  keep both  provisions                                                                    
intact and give  the prosecuting attorney and  judge as much                                                                    
discretion as possible.  She added that in  some cases using                                                                    
the  aggravator  versus  the   assault  might  result  in  a                                                                    
stiffer sentence.                                                                                                               
1:35:26 PM                                                                                                                    
Representative  Carpenter asked  what happened  if a  person                                                                    
was strangled but  not to the point  of unconsciousness. Ms.                                                                    
Foley answered that  the bill applied to  a strangulation to                                                                    
the  point  of unconsciousness.  She  elaborated  that if  a                                                                    
person  was conscious  the  crime would  be  assault in  the                                                                    
second degree.                                                                                                                  
Ms. Foley reviewed the sectional analysis (copy on file):                                                                       
     Section 1: Amends AS 11.41.200(a), classifying                                                                             
     strangulation to the point of unconsciousness as                                                                           
     assault in the first degree.                                                                                               
     Section 2: Amends AS 11.81.900(b)(15), clarifying that                                                                     
     "dangerous instrument" with relation to strangulation                                                                      
     includes hands or "other body parts".                                                                                      
     Section 3: Amends AS 11.81.900(b)(60), to include in                                                                       
     the   definition    of   sexual    contact   "knowingly                                                                    
     ejaculating on the victim".                                                                                                
     Section    4:    Amends   AS    12.55.155(c),    adding                                                                    
     strangulation to  the point  of unconsciousness  to the                                                                    
     list  of  aggravating  factors   to  be  considered  at                                                                    
     Section 5:  Amends AS 12.61.015(a), adding  all victims                                                                    
     of sex crimes to  the notification requirements of this                                                                    
     statute. This  section also  adds language  to existing                                                                    
     subsection (a)(4),  directing the  prosecuting attorney                                                                    
     to record  the victim's (or victim's  legal guardian's)                                                                    
     response to  a proposed plea agreement  before entering                                                                    
     into such an agreement.                                                                                                    
     Section   6:  Amends   AS  12.61.015,   adding  a   new                                                                    
     subsection  (d) and  (e). Subsection  (d) provides  the                                                                    
     court  may   reschedule  a  plea  agreement   to  allow                                                                    
     additional time  for the prosecutor to  comply with the                                                                    
     victim   notification   requirements.  Subsection   (e)                                                                    
     clarifies  that  a victim  is  in  no way  required  to                                                                    
     provide  a response  regarding  a  plea agreement,  nor                                                                    
     would  the victim's  response  bind  the prosecutor  to                                                                    
     accept or reject the plea agreement.                                                                                       
     Section   7:  Establishes   that  the   provisions  are                                                                    
     applicable  only to  crimes committed  on or  after the                                                                    
     effective date of the legislation.                                                                                         
Co-Chair Wilson asked about the  word "knowingly" in Section                                                                    
3. She asked how to know  if a person knowingly committed an                                                                    
act. Ms.  Foley replied  that it depended  on the  intent of                                                                    
the act.                                                                                                                        
Co-Chair Wilson  directed the question to  the Department of                                                                    
Law (DOL)                                                                                                                       
JOHN  SKIDMORE, DIRECTOR,  CRIMINAL DIVISION,  DEPARTMENT OF                                                                    
LAW  (via  teleconference),  responded that  to  answer  the                                                                    
question he would  explain the element of mens  rea that was                                                                    
the intention or knowledge of  wrongdoing. He stated that in                                                                    
HB 14  the standard was  knowingly. He defined  knowingly as                                                                    
 aware that the conduct is  of that circumstance.  The state                                                                    
would  need to  demonstrate  that  the defendant  recognized                                                                    
that he was  engaged in activity that  resulted in ejaculate                                                                    
landing on  the victim and would  use the facts of  the case                                                                    
to  establish knowingly.  The circumstantial  evidence would                                                                    
have to be applied since it  was impossible to know what was                                                                    
in the persons thought process.                                                                                                 
1:40:07 PM                                                                                                                    
Representative  Knopp  looked at  Section  1  and asked  why                                                                    
strangulation  to  the  point  of  unconsciousness  was  not                                                                    
considered  attempted  murder.  Mr. Skidmore  answered  that                                                                    
attempted  murder  had  a very  specific  element  that  the                                                                    
person  acted with  the mens  rea of  intent; the  conscious                                                                    
objective  to cause  the result.  He exemplified  that if  a                                                                    
person strangled another person to  the point of cutting off                                                                    
blood or  air to the  brain, they  may have had  a different                                                                    
conscious  objective   other  than  attempted   murder.  The                                                                    
provision in  HB 14  did not require  a prosecutor  to prove                                                                    
attempted  murder  but  there   was  nothing  impacting  the                                                                    
statute from  also charging  attempted murder  if additional                                                                    
evidence warranted the charge.                                                                                                  
Co-Chair Wilson OPENED public testimony.                                                                                        
ELIZABETH  WILLIAMS, NO  MORE  FREE  PASSES, ANCHORAGE  (via                                                                    
teleconference),   vocalized   strong    support   for   the                                                                    
legislation.  She believed  that  the bill  sent a  cultural                                                                    
message  that  strangulation  was  taken  seriously  in  the                                                                    
state.  She noted  that  she  was a  social  worker and  had                                                                    
personally worked with many clients  that had been strangled                                                                    
and  the  act  was  often  diminished  in  the  courts.  Her                                                                    
organization was  in favor of  amending the bill  to include                                                                    
strangulation  not  to  the point  of  unconsciousness.  She                                                                    
cited SB   12-Assault; Sex Offenses;  Sentencing Credit that                                                                    
increased the act of strangulation  to  Assault in the third                                                                    
and   second   degree   without  proof   the   victim   lost                                                                    
consciousness. In  addition, they did  not want to  see time                                                                    
on  electronic monitoring  to count  towards the  offender's                                                                    
1:44:15 PM                                                                                                                    
Co-Chair  Wilson   recognized  Senator  Lora   Reinbold  and                                                                    
Representative Geran Tarr in the audience.                                                                                      
CARMEN  LOWREY,   EXECUTIVE  DIRECTOR,  ALASKA   NETWORK  ON                                                                    
DOMESTIC VIOLENCE  AND SEXUAL ASSAULT, testified  in support                                                                    
of  the   legislation.  She   explained  that   the  network                                                                    
constituted 25  member programs  across the  state providing                                                                    
victim  based services  that included  shelter. She  thanked                                                                    
the  bill sponsor  for introducing  the  bill. She  remarked                                                                    
that  the  bill  elevated  the issue  of  the  lethality  of                                                                    
strangulation.  She  reminded   members  that  strangulation                                                                    
involved cutting  off oxygen to  the brain and only  took 10                                                                    
seconds    before    unconsciousness   occurred.    Multiple                                                                    
strangulations  could bring  about long-term  health impacts                                                                    
such  as  a stroke.  She  indicated  that strangulation  was                                                                    
difficult  to  verify;  often  marks were  not  left  on  an                                                                    
individual. Second,  she pointed to  the value of  Section 5                                                                    
related  to  victim  engagement   in  plea  agreements.  She                                                                    
emphasized the  importance of  the provision.  She explained                                                                    
that  the   provision  helped  others  to   learn  what  the                                                                    
circumstances for strangulation were  and about what justice                                                                    
meant for victims. In addition,  society learned how and why                                                                    
victims  were involved  in order  to  adapt procedures  that                                                                    
addressed the issue.  She discussed that the  bill created a                                                                    
 victim  survivor  centered   process that  gave  victims  a                                                                    
voice. She reiterated her full support of the bill.                                                                             
1:48:14 PM                                                                                                                    
JANELL    MANCHESTER,    49TH   RISING,    FAIRBANKS    (via                                                                    
teleconference),  spoke   in  support   of  the   bill.  She                                                                    
underscored that  the legislation would help  create a safer                                                                    
Alaska  and  helped  address  the  epidemic  of  sexual  and                                                                    
domestic violence  in the state. She  offered that survivors                                                                    
were encouraged  to report but  noted that the  legal system                                                                    
was   notoriously  unfriendly   to  survivors.   She  shared                                                                    
information  about a  case  where a  woman  had declined  to                                                                    
press  charges  because the  police  informed  her that  the                                                                    
defense attorney  would  tear  her down  in court.   She did                                                                    
not  want survivors  to ever  have  to endure  that type  of                                                                    
conversation  again. She  stated the  bill would  ensure the                                                                    
legal  system was  more survivor  friendly and  kept victims                                                                    
safe.  The bill  included a  victim notification  system for                                                                    
all  sex   offenses  and  stipulated  that   a  court  could                                                                    
reschedule a  plea agreement if notification  did not occur.                                                                    
She   favored  the   bills  elevation   of   the  crime   of                                                                    
strangulation.  She   stressed  that  strangulation   was  a                                                                    
serious and  deadly form of abuse.  Victims of strangulation                                                                    
were  seven  times  more  likely   to  be  killed  by  their                                                                    
partners.   The  legislation   provided  another   tool  for                                                                    
victims   advocats  that  helped  ensure  survivors  safety.                                                                    
Finally, the  bill would close the   Schneider  loophole and                                                                    
make  nonconsensual  contact  with  ejaculation  a  form  of                                                                    
sexual violence.                                                                                                                
1:50:23 PM                                                                                                                    
LYNNETTE  CLARK, SELF,  FOX (via  teleconference), spoke  in                                                                    
support of the  legislation. She shared that she  had been a                                                                    
victim of  domestic violence and  had been choked  almost to                                                                    
the  point of  unconsciousness.  She  detailed the  horrific                                                                    
nature  of  the  experience.  She  believed  that  the  bill                                                                    
addressed  the  perpetrators.  She  favored  that  the  bill                                                                    
granted   the  judge   more  discretion   and  allowed   for                                                                    
mitigating factors. She thought that  men and women were not                                                                    
safe in present times.                                                                                                          
Co-Chair Wilson CLOSED public testimony.                                                                                        
Representative Josephson  noted there had been  a person who                                                                    
had asked questions about SB  12, which had similarities and                                                                    
differences compared to HB 14.                                                                                                  
Co-Chair Wilson  interjected that SB  12 was not  before the                                                                    
committee. She  offered that he  could ask about  a specific                                                                    
Representative   Josephson   asked   how   HB   14   treated                                                                    
strangulation  not  to  the point  of  unconsciousness.  Mr.                                                                    
Skidmore  answered that  neither  HB  14 nor  SB  12 drew  a                                                                    
distinction  for attempt.  He  cited AS  11.31 that  defined                                                                    
attempt as  when a  person took  a substantial  step towards                                                                    
the results defined in the elements  of a crime. In the case                                                                    
where someone  took substantial steps  towards strangulation                                                                    
to the  point of unconsciousness  the charge resulted  in an                                                                    
attempted  assault. The  impact of  attempted assault  was a                                                                    
lower   charge   by   one   level.   He   exemplified   that                                                                    
strangulation not  to the point of  unconsciousness resulted                                                                    
in charging a Class B felony  versus a Class A felony and an                                                                    
attempt was treated as an Assault II, a Class C felony.                                                                         
1:54:32 PM                                                                                                                    
Representative  Josephson  understood   that  the  statutory                                                                    
definition of  AS 11.31 brought  down the  classification by                                                                    
one level.  He indicated  that the only  thing added  in the                                                                    
bill was  the  express  inclusion of unconscious."  He asked                                                                    
if strangulation would still be charged  as Class A, B, or C                                                                    
felony  with   passage  of  the   bill.  Mr.   Skidmore  was                                                                    
unfamiliar  with the  concept  that  strangulation would  be                                                                    
charged  as an  A, B,  or C  felony. He  explained that  the                                                                    
current statute  defined strangulation as causing  injury by                                                                    
means of a dangerous  instrument. A dangerous instrument was                                                                    
defined as  using hands  or other  objects to  impede normal                                                                    
breathing  or circulation  of blood  and when  combined with                                                                    
physical injury the charge was  Assault II and if the injury                                                                    
was severe the charge could be  an Assault I. The bill added                                                                    
the  term unconsciousness  to  clearly  articulate when  the                                                                    
legislature  believed  strangulation  reached the  point  of                                                                    
serious injury.  The bill did  not change the  definition of                                                                    
serious  physical  injury  and  he reiterated  that  he  was                                                                    
uncertain  what Representative  Josephson was  referring to.                                                                    
He  noted that  there was  a theory  under Assault  III that                                                                    
considered a  threat of violent  conduct placing  the person                                                                    
in fear could  be a Class C felony and  was like the attempt                                                                    
concept.  Representative Josephson  cited  that Assault  III                                                                    
referred  to a  dangerous  instrument in  a subsection  that                                                                    
lead to  the hands  in strangulation.  He surmised  that the                                                                    
assumption  in  HB  14  was  if  a  victim  passed  out  the                                                                    
strangulation was  charged as  a Class A  felony and  if the                                                                    
person did not pass out,  but physical injury was proven the                                                                    
charge  resulted  in   a  Class  B  felony.   He  asked  for                                                                    
concurrence. Mr. Skidmore agreed with the conclusion.                                                                           
Co-Chair  Wilson  asked  about the  provision  that  allowed                                                                    
electronic monitoring counting as  time served. She wondered                                                                    
whether the  court was  required to offer  credit or  if the                                                                    
judge had  discretion. Mr. Skidmore  answered that  the case                                                                    
law that supported the statute  made it highly unlikely that                                                                    
credit for time served would not be awarded.                                                                                    
1:58:25 PM                                                                                                                    
Co-Chair Wilson  remembered that  the statute  stated "may,"                                                                    
but  she wanted  Mr.  Skidmore to  clarify  the statute  and                                                                    
place it on the record.                                                                                                         
1:58:50 PM                                                                                                                    
AT EASE                                                                                                                         
1:59:48 PM                                                                                                                    
Mr.  Skidmore was  currently looking  at  the documents  and                                                                    
needed  a  couple  of  additional  minutes.  He  offered  to                                                                    
provide the answer via email.                                                                                                   
Co-Chair   Wilson  asked   Mr.  Skidmore   to  provide   the                                                                    
information the following morning.                                                                                              
Mr. Skidmore noted he would be  on a plane at that time, but                                                                    
he would provide the information to a colleague.                                                                                
HB  14  was   HEARD  and  HELD  in   committee  for  further                                                                    
HOUSE BILL NO. 16                                                                                                             
     "An Act relating to the Alaska Food, Drug, and                                                                             
     Cosmetic Act; and relating to the sale of milk, milk                                                                       
     products, raw milk, and raw milk products."                                                                                
2:01:03 PM                                                                                                                    
REPRESENTATIVE GERAN TARR,  SPONSOR, she provided background                                                                    
on the  bill. She indicated  that she had been  looking into                                                                    
efforts  and initiatives  to  grow  the states   agriculture                                                                    
industry. Improving food security  was a goal because around                                                                    
95 percent of food consumed  in Alaska originated outside of                                                                    
Alaska. She noted  that 67 percent of  Alaskan farmers would                                                                    
produce  more if  more market  options  were available.  She                                                                    
shared  that  if Alaskans   spent  $5  each week  on  Alaska                                                                    
agriculture  products it  would generate  $188 million  into                                                                    
the  states   economy.  She   informed  the  committee  that                                                                    
currently there was  only one dairy operating  in the state.                                                                    
However,  at  statehood  Alaska  had  over  525  farms  that                                                                    
provided  half  the  agriculture products  consumed  in  the                                                                    
state.  She listed  various  places in  the  state that  had                                                                    
dairies  including Juneau,  where the  last dairy  closed in                                                                    
1965.  She  indicated  that  herd   share  programs  were  a                                                                    
continuation of  the last  efforts to  provide dairy  in the                                                                    
state on  a small  scale. She detailed  that the  herd share                                                                    
program  allowed individuals  to  become part  owner of  the                                                                    
herd and the  milk produced by the herd. She  pointed to the                                                                    
Herd Share  Agreement included in the  members bill packets[                                                                    
to allow owners to receive  raw milk products in addition to                                                                    
 Raw  Milk    Cow, Goat,  Sheep "Shares   document (copy  on                                                                    
file)] and stated that the  agreement was very detailed. She                                                                    
communicated that  the share was  a closed-loop  system that                                                                    
built   in   a   safety  component   through   co-ownership.                                                                    
Currently,  Department of  Environmental Conservation  (DEC)                                                                    
regulatory  language permitted  farmers  to  sell shares  of                                                                    
their dairy  animals to the  public. She  shared information                                                                    
about work  done in  the past year  with farmers  to develop                                                                    
the  bill.  The  bill  would turn  some  of  the  regulatory                                                                    
language into  statute, which  strengthened the  program. In                                                                    
addition,  the bill  allowed  value  added products  because                                                                    
consumers  valued  convenience.  The  value  added  products                                                                    
would include  cheese, butter, ice  cream, kefir,  and other                                                                    
dairy products.  House Bill 16 would  guarantee that farmers                                                                    
would thrive in the Alaskan marketplace.                                                                                        
2:07:06 PM                                                                                                                    
Representative Tarr continued to  address the bill. She took                                                                    
a  cautious approach  to  the bill  with  consumer and  food                                                                    
safety in mind.  She desired a system  that offered informed                                                                    
consumer  choice and  allowed  individuals  to purchase  the                                                                    
products they want.                                                                                                             
Representative  Sullivan-Leonard  thanked  the  sponsor  for                                                                    
presenting  the bill.  She  looked at  the  State of  Alaska                                                                    
Epidemiology   Bulletin   handout    in   members'   packets                                                                    
[Foodborne  Illness and Complaint  Reports Summary   Alaska,                                                                    
2015-2017  (copy  on file)] and  did not see  anything about                                                                    
illnesses caused by raw  milk. Representative Tarr responded                                                                    
that  traditionally, Alaskans  had health  issues with  some                                                                    
subsistence foods they enjoyed eating  and the bulletin  was                                                                    
a more  general discussion. She  pointed to the  fiscal note                                                                    
that  included   two  incidents   in  2011  and   2013.  She                                                                    
delineated that she  researched the historical circumstances                                                                    
that led  to the pasteurization and  homogenization of milk.                                                                    
She  explained  that food  had  been  produced locally,  and                                                                    
illnesses  began to  erupt when  the distance  between farms                                                                    
and  populations became  significant  and required  multiday                                                                    
travel to reach  the consumer. She offered that  most of the                                                                    
herd  share  operators were  small  and  knew their  animals                                                                    
well. Cleanliness  was important  and safety  was paramount.                                                                    
Herd  share   operators  were  very  committed   to  safety.                                                                    
Representative  Sullivan-Leonard referenced  farmers markets                                                                    
in Alaska that sold cheeses  and other goat or cow products.                                                                    
She asked  whether farmers  were using raw  milk and  if the                                                                    
industry  regulated  farmers  markets.  Representative  Tarr                                                                    
replied that  currently no  raw milk  products were  sold at                                                                    
farmers  markets.  She pointed  to  the  National Conference                                                                    
of State  Legislatures report [State   Milk Laws](   copy on                                                                    
file)  that  included  an  overview  of  states   rules  and                                                                    
regulations governing  milk sales. She noted  the variety of                                                                    
laws from  restrictive to the  far end of the  spectrum that                                                                    
permitted  the  sale of  raw  milk  in retail  stores.  Most                                                                    
western states  allowed for the  sale of raw  milk including                                                                    
Washington.  She hoped  the bill  represented  a small  step                                                                    
forward  and  would  prove  the  safety  of  raw  milk.  She                                                                    
provided an example  of a farmer in Delta  Junction that was                                                                    
working to open his Grade  A dairy; once he was operational,                                                                    
he hoped  to do both raw  and Grade A milk.  She was hopeful                                                                    
they could  build a successful  system that could  expand to                                                                    
farmers markets and eventually retail outlets.                                                                                  
2:13:09 PM                                                                                                                    
Co-Chair Wilson asked if an  individual could currently sell                                                                    
cheese at a farmer's  market. Representative Tarr replied in                                                                    
the affirmative, but not a raw milk cheese.                                                                                     
SUZY CROSBY, COTTONWOOD  FARM (via teleconference), provided                                                                    
a  PowerPoint  presentation  titled "Managing  a  Goat  Herd                                                                    
Share  Operation in  Alaska" (copy  on  file). She  reviewed                                                                    
slide 2 titled Why Herd Share:                                                                                                  
          Legal in Alaska                                                                                                       
          Let your goats help "pay their way"                                                                                   
          Connecting consumers with producers                                                                                   
Ms. Crosby  explained that locavores was  a growing movement                                                                    
that represented  people who  wanted as  much of  their food                                                                    
produced locally. She moved to slide 3 titled Why Goats?:                                                                       
          "Missing link"                                                                                                        
          "Poor man's cow"                                                                                                      
          Sentient beings                                                                                                       
          Minimal infrastructure                                                                                                
Ms. Crosby turned to slide 4 titled What Herd Share is::                                                                        
          Legal in Alaska                                                                                                       
          Fluid milk only                                                                                                       
          Sustainable  CSA                                                                                                      
          Tailored to the individual                                                                                            
2:16:10 PM                                                                                                                    
Ms.  Crosby examined  slide 6  titled  Safety  & Sanitation:                                                                    
Part 1:                                                                                                                         
          Milking location                                                                                                      
          Pre-milking spray                                                                                                     
          Wash your hands!                                                                                                      
          Hand or machine?                                                                                                      
          Final strip                                                                                                           
          Post-milking dip                                                                                                      
          Strategic feeding                                                                                                     
Ms.  Crosby discussed  safety and  sanitation. She  reported                                                                    
that milking was not done in  the barn due to its unsanitary                                                                    
nature. The  goats were  milked by  machine and  finished by                                                                    
hand called the  final  strip.  Chlorhexaphine gluconate was                                                                    
applied  to the  goats utters  after milking  and the  goats                                                                    
were fed a  hay ration immediately after  milking which kept                                                                    
goats  standing and  prevented bacteria  from entering.  She                                                                    
turned to slide 8 titled "Safety & Sanitation: Part 2                                                                           
          Wash hands!                                                                                                           
          A "sharp dividing line"                                                                                               
          Filtering milk                                                                                                        
          Rapid chilling                                                                                                        
          Cold storage                                                                                                          
Ms.  Crosby stressed  the importance  of washing  hands. The                                                                    
freshly milked milk was filtered  through a single use paper                                                                    
filter  and transferred  into  jars. She  moved  to slide  9                                                                    
titled Safety & Sanitation: Part 3:                                                                                             
          Record keeping  Which goat's milk?                                                                                    
          Jar care                                                                                                              
          Who cleans?                                                                                                           
          Educating the share owners                                                                                            
Ms. Crosby  indicated that she  kept a meticulous  record of                                                                    
who  received milk  from which  goat in  case problems  were                                                                    
reported. She educated the share  owners on  clean and cold                                                                     
principles; keep the milk clean and cold.                                                                                       
2:19:01 PM                                                                                                                    
Ms. Crosby continued that HB  16 would be very beneficial to                                                                    
both producers  and consumers.  She noted  that many  of her                                                                    
share  owners  wanted  finished  products  like  yogurt  and                                                                    
cheese as well. She related  that the goats produced less in                                                                    
the winter  and more in  the summer. The excess  summer milk                                                                    
could  be  turned into  cheese  that  froze well  and  could                                                                    
supply  cheese in  the  winter. She  reiterated  that HB  16                                                                    
legalized value  added products. She thanked  the sponsor of                                                                    
the bill.                                                                                                                       
Representative LeBon  deduced that  if he purchased  a piece                                                                    
of  ownership  in a  herd  it  allowed  him to  acquire  the                                                                    
product. Ms. Crosby answered in the affirmative.                                                                                
Co-Chair  Wilson asked  if her  answer applied  to both  the                                                                    
milk and not  the cheese. Ms. Crosby answered  it was either                                                                    
Representative Tilton  asked about the chilling  process and                                                                    
keeping  the milk  cold. Ms.  Crosby explained  the process.                                                                    
She explained that the natural  temperature of goats was 102                                                                    
degrees.  She  chilled the  milk  to  40 degrees  within  40                                                                    
minutes or less,  which was the Grade A  standard. The half-                                                                    
gallon   jars  were   placed  in   the  freezer   and  after                                                                    
filtration, the  milk was  poured into  the frozen  jars and                                                                    
placed  into ice  water.  The refrigerator  was  kept at  32                                                                    
degrees, which kept  the milk very cold  until pick-up time.                                                                    
She  encouraged  herd  share participants  to  come  with  a                                                                    
cooler and place  the milk into the  fridge immediately upon                                                                    
returning  home. She  furthered  that raw  milk turned  into                                                                    
clabbered  milk  if  left  in   a  warm  environment  unlike                                                                    
pasteurized milk that soured and  molded. Clabbered milk was                                                                    
a cultured milk.                                                                                                                
2:23:23 PM                                                                                                                    
Representative Knopp asked how much  time there was prior to                                                                    
the milk starting  to culture. Ms. Crosby  answered it would                                                                    
take about  24 to  36 hours  for the  milk to  culture. Goat                                                                    
milk tended  to produce an  off  flavor  if it was  left out                                                                    
at room temperature. She indicated  that leaving the milk in                                                                    
a warm  environment gave it an  off flavor but did  not make                                                                    
it dangerous to drink.                                                                                                          
Representative  Carpenter asked  what  would  make the  milk                                                                    
dangerous if it was not the actual spoiling of the product.                                                                     
Ms.  Crosby  answered that  if  left  out long  enough,  the                                                                    
product would eventually probably  mold. She stated that the                                                                    
most   dangerous  disease   outbreaks  were   attributed  to                                                                    
pasteurized milk. She remarked that  raw milk had never made                                                                    
it  onto  the CDC  top  10  list  in  terms of  danger,  but                                                                    
pasteurized  milk had.  Pasteurization destroyed  beneficial                                                                    
bacteria that was retained in  raw milk, through the heat in                                                                    
the   pasteurization   process.  The   beneficial   bacteria                                                                    
safeguarded  the  raw  product   and  made  the  pasteurized                                                                    
product  subject to  spoilage.  She  furthered that  disease                                                                    
organisms were a different story  and were typically present                                                                    
in  the   processing  facility  where  listeria   or  E.coli                                                                    
infected  the milk.  She reiterated  that raw  milk was  not                                                                    
listed in the top ten  outbreaks since recorded records were                                                                    
2:25:56 PM                                                                                                                    
Co-Chair Wilson  asked about the  last time there was  a raw                                                                    
milk problem in the state.                                                                                                      
ROBERT   GERLACH,   STATE    VETERINARIAN,   DEPARTMENT   OF                                                                    
ENVIRONMENTAL  CONSERVATION  (via teleconference),  answered                                                                    
that the most  recent disease outbreak from raw  milk was in                                                                    
2013 and prior to that in  2011. He noted that incidences of                                                                    
recall  due to  contamination  had  occurred. He  delineated                                                                    
that raw milk  cheese was recalled due to  listeria and food                                                                    
borne pathogens.                                                                                                                
Co-Chair Wilson  asked if  he referred  to raw  milk cheese.                                                                    
Mr. Gerlach  replied in the  affirmative. He  indicated that                                                                    
raw  milk could  be  used to  make  cheese. Co-Chair  Wilson                                                                    
asked  if  there had  been  an  outbreak  of just  raw  milk                                                                    
itself. r. Gerlach answered that  there had been an outbreak                                                                    
in 2011  from a  milk share operation  in the  Mat-Su Valley                                                                    
and again in 2013 from a  milk share operation in the Kenai.                                                                    
He reported  that both outbreaks involved  campylobacter and                                                                    
listeria.  Co-Chair   Wilson  noted  that  there   were  two                                                                    
instances in eight years.                                                                                                       
2:28:55 PM                                                                                                                    
Representative  Carpenter  asked  what the  genesis  of  the                                                                    
contaminants  were. Mr.  Gerlach  replied  that the  sources                                                                    
were found  in a number of  places on the farm  and animals.                                                                    
He  explained  that  campylobacter was  a  normal  bacterium                                                                    
found  in  association  with   cattle  and  other  livestock                                                                    
species   and  was   common  to   find  in   animal  manure.                                                                    
Representative Carpenter  asked about  cheese that  had been                                                                    
removed from the market. He  thought that the state had been                                                                    
allowed to sell  raw milk cheese. Mr.  Gerlach answered that                                                                    
regulations allowed the production of  raw milk cheese if it                                                                    
contained  grade  A  milk  and   was  subject  to  a  60-day                                                                    
maturation process.  He indicated that  a goat dairy  in the                                                                    
Mat-Su was  making cheese and at  times DEC had to  recall a                                                                    
product  prior   to  its  sale  due   to  contamination.  In                                                                    
addition, raw  cheese from a  commercial dairy  was recalled                                                                    
due to  listeria. Representative  Carpenter inquired  if the                                                                    
milk involved  in the cheese outbreaks  was pasteurized. Mr.                                                                    
Gerlach answered it  had all been raw milk  cheese. Raw milk                                                                    
for  cheese making  was subject  to the  Grade A  standards,                                                                    
aged for 60 days and tested for food safety standards.                                                                          
2:31:49 PM                                                                                                                    
Co-Chair Wilson asked whether cheese  had ever been recalled                                                                    
in  a  manufacturing  setting. Mr.  Gerlach  responded  that                                                                    
cheese had been recalled in  the U.S. due to pathogens, that                                                                    
did  not meet  food  safety standards,  contaminated with  a                                                                    
chemical, or due  to the presence of an  antibiotic or other                                                                    
adulterated processing equipment contamination.                                                                                 
Representative  Carpenter   asked  about  the   process  for                                                                    
sterilizing containers.  Ms. Crosby  answered that they were                                                                    
sanitized,  not   sterilized  in   212  degree   water.  She                                                                    
explained  that the  jars were  sanitized  in a  dishwasher.                                                                    
Representative   Carpenter  assumed   that  sanitizing   was                                                                    
acceptable.   Ms.   Crosby   answered  that   it   was   her                                                                    
understanding and it had been their process for years.                                                                          
Representative Carpenter asked to hear from the department.                                                                     
Mr.  Gerlach replied  that a  temperature and  pressure were                                                                    
both  employed  to ensure  safety.  He  added that  surgical                                                                    
instruments  were sterilized  to ensure  they were  pathogen                                                                    
free. Sanitation  was the  process to  reduce the  number of                                                                    
bacteria but not completely remove it.                                                                                          
2:35:12 PM                                                                                                                    
Ms. Crosby  clarified that the  discussion had  been  apples                                                                    
to oranges.  She noted that  the she referenced raw milk not                                                                    
included on the CDC top ten  list of outbreaks but in no way                                                                    
wished to  contradict the small  outbreaks that  happened in                                                                    
the state.                                                                                                                      
Co-Chair Wilson replied that she  did not take the testimony                                                                    
wrong.  She  wanted  to  point  out  to  the  Department  of                                                                    
Environmental Conservation that  people did occasionally get                                                                    
sick from  all products.  She hoped  that raw  milk products                                                                    
would eventually  be available at farmers   market or direct                                                                    
retail sales from the farm.                                                                                                     
Co-Chair Wilson OPENED public testimony.                                                                                        
2:36:42 PM                                                                                                                    
ERIC  HAVNER,  MAT-SU  GOAT   SHARE  GROUP,  FAIRBANKS  (via                                                                    
teleconference),  testified in  support of  the legislation.                                                                    
He  enjoyed the  opportunity  to have  fresh  goat milk.  He                                                                    
encouraged the  state to do everything  possible to maintain                                                                    
the  current goat  shares and  further legalize  herd shares                                                                    
and  value added  products in  statute. He  suggested making                                                                    
ice  cream, which  was a  great  way to  market the  product                                                                    
locally. He supported sustainable, local agriculture.                                                                           
2:38:58 PM                                                                                                                    
LOUISA  CASTRODALE, VETERINARY  EPIDEMIOLOGIST, DIVISION  OF                                                                    
PUBLIC  HEALTH  (via   teleconference),  was  available  for                                                                    
questions related to the fiscal note.                                                                                           
2:39:29 PM                                                                                                                    
DONNA CELIA, SELF, ANCHORAGE  (via teleconference), spoke in                                                                    
support  of the  bill.  She had  been  participating in  the                                                                    
Cottonwood Farm goat herd share  for the past several years.                                                                    
She  relayed that  her  family invested  in  the local  food                                                                    
economy whenever possible  through harvesting and processing                                                                    
all  the  local  food  sources  and  gardening.  She  valued                                                                    
keeping  Alaska food  traditions  alive.  She believed  that                                                                    
herd  sharing opened  the door  for another  asset of  local                                                                    
food sources.  She shared that  three years ago she  was not                                                                    
producing  enough  breast milk  for  her  baby and  she  had                                                                    
turned to Cottonwood  Farm for a substitution.  The farm had                                                                    
blessed her  family by  teaching her how  to make  kefir and                                                                    
yogurt  from the  goat milk.  She felt  that passage  of the                                                                    
bill  would  encourage the  growth  and  viability of  small                                                                    
family  farms  throughout rural  Alaska.  She  was proud  to                                                                    
support the farms and build community through food.                                                                             
2:42:05 PM                                                                                                                    
KELLI KRAUSE, SELF,  WASILLA (via teleconference), testified                                                                    
in support of  the bill. She owned a small  family farm that                                                                    
offered both  cow and  goat milk  shares. She  believed that                                                                    
the shareholders appreciated fresh  products and had weighed                                                                    
the risks  of raw  milk to  conclude that  it was  worth the                                                                    
time and  money to  serve the product  to their  family. The                                                                    
individuals participating  were interested in the  origin of                                                                    
their  food.   She  indicated  that  summer   was  the  high                                                                    
production time  and the ability  make value  added products                                                                    
meant  a consistent  flow of  income in  the leaner  months.                                                                    
Currently, she  put the  share agreements  on hold  when the                                                                    
winter  production   did  not  keep  up   with  demand  that                                                                    
translated  to less  income for  the farm.  The value  added                                                                    
products would  be a substantial  benefit for  the customers                                                                    
and the  farm. She wanted Alaska  to take a forward  step in                                                                    
creating food security.                                                                                                         
2:44:14 PM                                                                                                                    
CECE   MENDOSA,   SELF,  GIRDWOORD   (via   teleconference),                                                                    
supported  the legislation.  She  belonged to  a herd  share                                                                    
program.  She spoke  to the  health benefits  of raw  goats                                                                     
milk.  The  milk  could  be  consumed  by  individuals  with                                                                    
lactose intolerance or allergy  to cows  milk. She supported                                                                    
the  value added  provisions. She  supported the  herd share                                                                    
program  as  a key  element  in  obtaining locally  produced                                                                    
2:45:17 PM                                                                                                                    
ART  GRISWOLD,  GOLDEN  HEART  DAIRY,  DELTA  JUNCTION  (via                                                                    
teleconference),  spoke  in  favor of  the  legislation.  He                                                                    
shared that his  dairy had approximately 50  to 60 customers                                                                    
in  the Fairbanks  area and  he ran  a  serious   food share                                                                    
operation. He  wanted to  become a Grade  A dairy  and offer                                                                    
both   raw  and   pasteurized   milk  to   the  market.   He                                                                    
characterized the market for local  food as  fantastic,  but                                                                    
the cost of building a  creamery and the required facilities                                                                    
was over $1 million, which  made the process slow. He voiced                                                                    
that most people  did not realize the  issues with operating                                                                    
a  serious  dairy.  His  animals  were  all  in  quite  good                                                                    
condition and he  delivered a half ton of  milk to Fairbanks                                                                    
every  Thursday. He  thanked the  sponsor for  the bill.  He                                                                    
wanted Alaskan dairies to be profitable again.                                                                                  
Co-Chair Wilson  asked how  long he  had been  operating his                                                                    
dairy.  Mr. Griswold  answered the  dairy  operated for  six                                                                    
years  and began  with two  cows. Co-Chair  Wilson asked  if                                                                    
they  had  ever  had  any   health  problems.  Mr.  Griswold                                                                    
answered in  the negative. He elaborated  that the operation                                                                    
was very thorough; the milk  was contained in glass, filters                                                                    
were  changed regularly,  and the  only difference  was that                                                                    
the milk was not pasteurized.                                                                                                   
Vice-Chair Johnston  was fascinated  to hear that  the dairy                                                                    
was  using jersey  cows and  noted  that the  breed was  not                                                                    
regularly used anymore.                                                                                                         
Co-Chair Wilson CLOSED public testimony.                                                                                        
2:49:00 PM                                                                                                                    
CHRISTINA  CARPENTER,  DIRECTOR, DIVISION  OF  ENVIRONMENTAL                                                                    
HEALTH,  DEPARTMENT   OF  ENVIRONMENTAL   CONSERVATION  (via                                                                    
teleconference),  reviewed the  DEC  zero  fiscal note  [OMB                                                                    
Component  Number  3202]. She  pointed  to  the fiscal  note                                                                    
analysis  that noted  the bill  formalized  a current  legal                                                                    
loophole by allowing  multiple people to enter  into a legal                                                                    
agreement  to co-own milk  producing  animals by  explicitly                                                                  
allowing shared ownership  of milk-producing animals and the                                                                  
sharing of  raw milk. She  furthered that there would  be no                                                                    
regulatory  oversight, testing,  or inspections  required of                                                                    
the department  under this proposed legislation.  Food borne                                                                    
illness outbreaks  related to  raw milk  distributed through                                                                    
herd share agreements were an existing risk.                                                                                    
Co-Chair Wilson asked  if the bill would  result in numerous                                                                    
individuals going  into the goat/cow sharing  operation. Ms.                                                                    
Carpenter was  unsure because  it had not  been part  of the                                                                    
department's analysis.                                                                                                          
Co-Chair Wilson emphasized that  the bill was not increasing                                                                    
LOUISA  CASTRODALE, VETERINARY  EPIDEMIOLOGIST, DIVISION  OF                                                                    
PUBLIC  HEALTH, DEPARTMENT  OF  HEALTH  AND SOCIAL  SERVICES                                                                    
(via  teleconference),  spoke  to the  indeterminate  fiscal                                                                    
note  [OMB  Component Number  296].  She  reported that  the                                                                    
addition  of   raw  milk  products  made   it  difficult  to                                                                    
determine how the distribution of  raw milk would change and                                                                    
whether  or what  type  or number  of  outbreaks that  might                                                                    
occur. Therefore, the fiscal note was indeterminate.                                                                            
Co-Chair  Wilson asked  about the  number of  outbreaks that                                                                    
the department  anticipated. She noted that  there were only                                                                    
two outbreaks in the past.  Ms. Castrodale answered that the                                                                    
fiscal note was indeterminate because  they did not know the                                                                    
number of people drinking raw  milk, the number of people in                                                                    
share  programs, or  how to  anticipate the  distribution in                                                                    
the future.                                                                                                                     
2:53:04 PM                                                                                                                    
Co-Chair Wilson  asked how  much the  two outbreaks  cost in                                                                    
2011 and 2013. Ms.  Castrodale replied there were personnel,                                                                    
travel  costs,  and  lab   costs.  The  investigatory  costs                                                                    
depended on the  number of people involved and  what kind of                                                                    
record keeping had been done at  the farms. In the 2013, the                                                                    
outbreak went  on for several weeks,  which increased costs.                                                                    
Co-Chair Wilson  asked for  the costs  incurred in  the 2011                                                                    
and 2013 outbreaks. Ms. Castrodale  asked if Co-Chair Wilson                                                                    
was  asking   for  the   dollar  figures.   Co-Chair  Wilson                                                                    
affirmed.  Ms.  Castrodale  answered that  the  fiscal  note                                                                    
intended to  answer how  the addition  of raw  milk products                                                                    
changed the status quo.                                                                                                         
Co-Chair Wilson  asked if  Representative Tarr  thought that                                                                    
with passage  of the  bill illnesses  would increase  to the                                                                    
point  that the  Department  of Health  and Social  Services                                                                    
(DHSS)  would  not be  able  to  determine  the cost  of  an                                                                    
outbreak.  Representative Tarr  replied that  safety was  of                                                                    
critical importance.  She shared that  she worked on  a more                                                                    
expanded  bill  the  prior   sessions  and  discovered  that                                                                    
potential outbreaks were harder  to quantify. She reiterated                                                                    
that one  of the  elements that brought  safety to  the bill                                                                    
was the closed  loop system for the herd share.  She did not                                                                    
anticipate any change in the  very low incidence of illness.                                                                    
She  referenced a  prior national  romaine lettuce  outbreak                                                                    
and deduced that  the closed loop system was  a much smaller                                                                    
scale  of  distribution and  farmers  had  multiple ways  to                                                                    
contact  share   owners.  There  was  a   motivation  to  do                                                                    
everything  right  and not  infect  herd  share owners.  She                                                                    
deemed that if  the bill was expanded to  farmers markets or                                                                    
retail outlets,  there may be additional  safety features to                                                                    
build in.                                                                                                                       
2:56:42 PM                                                                                                                    
HB  16  was   HEARD  and  HELD  in   committee  for  further                                                                    
Co-Chair Wilson  noted an amendment deadline  for both bills                                                                    
of April 25, 2019.                                                                                                              
Co-Chair Wilson reviewed the schedule                                                                                           
2:57:20 PM                                                                                                                    
The meeting was adjourned at 2:57 p.m.                                                                                          

Document Name Date/Time Subjects
HB014 Supporting Documents-Letters 4.18.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
Sponsor Statement ver O 4.18.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
Sectional Analysis ver O 4.18.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
Summary of Changes ver K to ver O 4.18.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
HB016 Sectional Analysis Ver U 4.17.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB016 Supporting Documents Crosby Testimony 4.17.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB016 Sponsor Statement 04.17.2019.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB016 Supporting Documents from Sponsor 4.17.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB016 Supporting Emails 4.17.19.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB 16 NEW FN DHSS-PH.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB 14 LAW SAM Offenses and Harassment 1 Overlap in HB 14.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
HB 16 PP Managing A Goat Herd Share Operation in Alaska abr. 3-19.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB 16 Revised NEW FN DHSS PH EPD.pdf HFIN 4/23/2019 1:30:00 PM
HB 16
HB14 Memo for House Finance.pdf HFIN 4/23/2019 1:30:00 PM
HB 14
HB 30 AK Laborers Letter of Support 2019.pdf HFIN 4/23/2019 1:30:00 PM
HB 30