02/24/2024 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB264 | |
| HB196 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 275 | TELECONFERENCED | |
| += | HB 264 | TELECONFERENCED | |
| += | HB 196 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 24, 2024
3:02 p.m.
MEMBERS PRESENT
Representative Mike Prax, Chair
Representative Justin Ruffridge, Vice Chair
Representative CJ McCormick
Representative Dan Saddler
Representative Jesse Sumner
Representative Genevieve Mina
MEMBERS ABSENT
Representative Zack Fields
COMMITTEE CALENDAR
HOUSE BILL NO. 275
"An Act relating to sexual assault examination kits;
establishing the sexual assault examination kit tracking system;
and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 264
"An Act requiring the Department of Family and Community
Services to adopt a uniform screening tool; requiring shelters
for runaway minors to screen minors for victimization relating
to sexual abuse, sex trafficking, and commercial sexual
exploitation; requiring the Department of Family and Community
Services to screen children in need of aid for victimization
relating to sexual abuse, sex trafficking, and commercial sexual
exploitation; and relating to the duty of the Department of
Family and Community Services to investigate the experiences of
missing children in need of aid who have been located."
- MOVED CSHB 264(HSS) OUT OF COMMITTEE
HOUSE BILL NO. 196
"An Act relating to the supplemental nutrition assistance
program; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 275
SHORT TITLE: SEXUAL ASSAULT EXAMINATION KITS/TRACKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/18/24 (H) READ THE FIRST TIME - REFERRALS
01/18/24 (H) HSS, FIN
01/30/24 (H) HSS AT 3:00 PM DAVIS 106
01/30/24 (H) Heard & Held
01/30/24 (H) MINUTE(HSS)
02/22/24 (H) HSS AT 3:00 PM DAVIS 106
02/22/24 (H) -- Public Testimony --
02/24/24 (H) HSS AT 3:00 PM DAVIS 106
BILL: HB 264
SHORT TITLE: CHILD TRAFFICKING SCREENING
SPONSOR(s): VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) HSS, FIN
01/30/24 (H) HSS AT 3:00 PM DAVIS 106
01/30/24 (H) Heard & Held
01/30/24 (H) MINUTE(HSS)
02/08/24 (H) HSS AT 3:00 PM DAVIS 106
02/08/24 (H) Heard & Held
02/08/24 (H) MINUTE(HSS)
02/22/24 (H) HSS AT 3:00 PM DAVIS 106
02/22/24 (H) -- Public Testimony <Time Limit May Be
Set> --
02/24/24 (H) HSS AT 3:00 PM DAVIS 106
BILL: HB 196
SHORT TITLE: FOOD STAMP PROGRAM ELIGIBILTY
SPONSOR(s): MINA
05/08/23 (H) READ THE FIRST TIME - REFERRALS
05/08/23 (H) HSS, FIN
02/22/24 (H) HSS AT 3:00 PM DAVIS 106
02/22/24 (H) Bills Previously Heard/Scheduled
02/24/24 (H) HSS AT 3:00 PM DAVIS 106
WITNESS REGISTER
LISA PURINTON, Director
Division of Statewide Services
Legislative Liaison
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 275.
KATY BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 275.
LAUREE MORTON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 275.
MOLLIE MONTAGUE, Director
State Legislative Affairs
Rape, Abuse, & Incest National Network (RAINN)
New York, New York
POSITION STATEMENT: Testified in support of HB 275.
TARA HENRY, representing self
Anchorage, Alaska
POSITION STATEMENT: Expressed concern with the seven-day
deadline.
MAXINE DOOGAN, President
Community United for Safety & Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 275.
BURCU SAGIROGLU, Policy and Advocacy Associate
Joyful Heart Foundation
New York, New York
POSITION STATEMENT: Testified in support of HB 275.
REPRESENTATIVE SARAH VANCE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 264.
DELAYNA WEST, representing self
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 264.
KAT MCELROY
No address provided
POSITION STATEMENT: Had her testimony read by Terra Burns.
TERRA BURNS, Advocate
Community United for Safety & Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 264.
TATIANA ROTHCHILD, Volunteer
Community United for Safety & Protection
Providence, Rhode Island
POSITION STATEMENT: Testified in support of Amendment 5 to HB
264.
AMBER NICKERSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Amendment 5 to HB
264.
BRENDA EDENS, representing self
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 264.
MAXINE DOOGAN, President
Community United for Safety & Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of Amendment 5 to HB
264.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained an amendment to HB 264 on behalf
of Representative Vance, prime sponsor.
SHANNON DILLEY, Director
Division of Juvenile Justice
Department of Family and Community Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Amendment 1 to HB
264.
KIM GUAY, Director
Office of Children's Services
Department of Family and Community Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Amendment 1 to HB
264.
REPRESENTATIVE GENEVIEVE MINA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 196.
KATY GIORGIO, Staff
Representative Genevieve Mina
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis of HB 196
on behalf of Representative Mina, prime sponsor.
RON MEEHAN, Director of Government Affairs
Food Bank of Alaska;
Manager
Food Bank Coalition
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 196.
ERIN WALKER-TOLLES, Executive Director
Catholic Community Services
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 196.
DEB ETHERIDGE Director
Division of Public Assistance
Department of Health
Juneau, Alaska
POSITION STATEMENT: Answered questions from the committee
regarding HB 196.
ACTION NARRATIVE
3:02:37 PM
CHAIR PRAX called the House Health and Social Services Standing
Committee meeting to order at [3:02 p.m.]. Representatives
McCormick, Saddler, Mina, Prax, Ruffridge (via teleconference),
and Sumner (via teleconference) were present at the call to
order.
HB 275-SEXUAL ASSAULT EXAMINATION KITS/TRACKING
3:04:24 PM
CHAIR PRAX announced that the first order of business would be
HOUSE BILL NO. 275, "An Act relating to sexual assault
examination kits; establishing the sexual assault examination
kit tracking system; and providing for an effective date."
3:05:21 PM
LISA PURINTON, Director, Division of Statewide Services,
Legislative Liaison, Department of Public Safety, spoke in
support of HB 275. She explained the bill would codify existing
processes and streamline the requirements for processing the
sexual assault examination kit. It would require the Department
of Public Safety to develop and maintain a system where the
sexual assault kits are tracked from the manufacturer through
completion of the testing at the state crime lab. The
department has sought federal funding and has purchased and
implemented this tracking kit system. It is in place, and the
department has worked with medical services and providers, law
enforcement agencies, and prosecutors to implement and employ
the system statewide. The benefit of the system is that it
allows accountability and also allows victims of sexual assault
to identify the location and the completion of the test. It
sets timelines for lab processing; timelines for law enforcement
to collect the kits; and timelines for the medical providers to
complete the kits and notify law enforcement.
3:08:17 PM
CHAIR PRAX opened public testimony on HB 275.
3:08:39 PM
KATY BOTZ, representing self, testified in support of HB 275.
She described it as a good clean bill and victim oriented. She
discussed the trauma of sexual assault and shared her personal
experience.
3:10:54 PM
LAUREE MORTON, representing self, testified in support of HB
275. She explained that originally, she had planned to speak in
her role as deputy director of the Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), which also supports the
bill; however, she decided to testify for herself. She shared a
personal experience and described how difficult it is to speak
and how control is taken away. Being able to track the kit
would be using technology to bring comfort and a semblance of
autonomy. She appreciates the bill giving a victim rights and
allowing them to have agency over what happens to them and about
them.
MS. MORTON also spoke in an official capacity briefly describing
the work of the Network.
3:15:29 PM
REPRESENTATIVE SADDLER asked whether the tracking kits are also
a benefit for victims of domestic violence.
MS. MORTON explained that under victims' rights, domestic
violence victims have opportunities to keep informed through the
prosecutor's office. The system is supposed to be responsive to
victims of domestic violence. The Department of Public Safety
is working to improve access to those rights through victim
navigator services.
3:17:33 PM
REPRESENTATIVE SADDLER commented that there had been a system
for gathering sexual assault evidence. The genesis of this bill
is the realization that processing those kits is not happening
in a timely fashion. He questioned whether the system for
domestic violence is working.
MS. MORTON replied that things can always be better. She
expanded by explaining that parts are better and pointed out
opportunities for improvement.
3:18:40 PM
REPRESENTATIVE MCCORMICK asked about the deficiencies in access
to services for individuals living in rural and Bush
communities.
MS. MORTON touched upon some of her early work in Bethel. There
is an awareness of law enforcement deficiencies, response times
are difficult, and weather plays a part. She described the
network's advocacy programs are the emergency departments in the
system. They need to be available and fully equipped, fully
staffed 24/7, 365 days a year. They catch people as they are
falling. She explained that not enough is done to fund and
support victim services and said, "We are still doing bake
sales." In the broader context, the criminal justice response
is necessary, but the vision of what is possible needs to be
expanded to reach the Alaska women who are victims of sexual
assault and/or domestic violence.
3:23:16 PM
REPRESENTATIVE MCCORMICK expressed his appreciation of the work
done to assist Alaska women in crises.
3:23:35 PM
MOLLIE MONTAGUE, Director, State Legislative Affairs, Rape,
Abuse, & Incest National Network (RAINN), spoke in support of HB
275. She discussed the history of RAINN and its work with
victims and survivors. She provided examples relating to the
importance of transparency and timely processing of rape kits,
and mentioned other states that are employing similar ideas.
3:26:12 PM
REPRESENTATIVE SADDLER expressed his appreciation for the
national perspective and asked whether other states have a
similar tracking system to the one proposed by this bill.
MS. MONTAGUE replied that she would look at her organization's
research and get back to the committee.
3:27:01 PM
TARA HENRY, representing self, explained that the concept of HB
275 is good but would have unintended negative consequences.
She described the difficulty of meeting the seven-day deadline
and the difficulties for nursing and medical staff. She
described the steps medical staff must follow in order to
complete the kits and stated it was unreasonable to legislate a
time limit without discussion with Alaska's healthcare
providers.
3:31:32 PM
REPRESENTATIVE MINA asked what the average turnaround time would
be for a forensic nurse to process a sexual assault examination
kit.
MS. HENRY discussed a number of factors that would affect the
time to process a kit and gave examples of issues. She
speculated that the busier programs might take approximately 10
days, but there was not enough information for an informed
opinion.
3:33:59 PM
REPRESENTATIVE SADDLER asked whether Ms. Henry was aware of any
other states that have similar tracking requirements and what
time frames they have. The committee would like to stay current
with best practices and would like to know how other states
approach these timelines.
MS. HENRY replied that some other states have timelines. Best
practices are as soon as possible, ideally within three business
days. But there are not many statutes in other states that
mandate time frames. Most of the time frames range from 24
hours to a couple weeks to release that information to law
enforcement. Things to take into consideration are what the
processes are in specific communities, what documentation is
required, and the volume of caseloads. Because Alaska just
started the tracking system, there is not a lot of data at this
time.
3:37:15 PM
MAXINE DOOGAN, President, Community United for Safety &
Protection, spoke in opposition to HB 275. She explained that
her organization's members are Alaska current and former sex
workers, sex trafficking victims, and their allies. She
expressed concern regarding privacy and that law enforcement
might be able to keep the DNA of rape victims for other
purposes.
3:39:02 PM
The committee took an at-ease from 3:29 to 3:40 p.m.
3:40:37 PM
BURCU SAGIROGLU, Policy and Advocacy Associate, Joyful Heart
Foundation, spoke in favor of HB 275. He explained the
organization he works with has a top priority of processing the
backlog of untested rape kits. He discussed how law
enforcement, hospitals, and medical facilities have dealt with
rape kits. He provided information regarding deadlines for
various states. He also discussed the importance of
transparency and being able to track the progress of the kits as
they are being processed.
3:43:23 PM
CHAIR PRAX, after ascertaining there was no one else who wished
to testify, closed public testimony on HB 275.
3:43:58 PM
CHAIR PRAX announced HB 275 was held over.
3:44:26 PM
The committee took an at-ease from 3:44 to 3:46 p.m.
HB 264-CHILD TRAFFICKING SCREENING
3:46:00 PM
CHAIR PRAX announced that the next order of business would be
HOUSE BILL NO. 264, "An Act requiring the Department of Family
and Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors for
victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; requiring the Department of
Family and Community Services to screen children in need of aid
for victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; and relating to the duty of the
Department of Family and Community Services to investigate the
experiences of missing children in need of aid who have been
located."
3:46:52 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor, described HB 264 as an act that would require the
Department of Family and Community Services to adopt a screening
tool for the purposes of screening children for sexual
exploitation.
3:47:38 PM
CHAIR PRAX reopened public testimony on HB 264 [previously
closed on 2/8/24].
DELAYNA WEST, representing self, testified in support of HB 264.
3:49:05 PM
KAT MCELROY had her testimony read by Terra Burns. Ms. Burns
read that Ms. McElroy has served on the Nenana City Assembly
since 2008, has greatgrandchildren, and is a registered voter in
Alaska. Ms. McElroy worked for 3 decades as an addictions
counselor for vulnerable populations and learned that asking the
wrong questions can illicit "bad information." Ms. McElroy
wrote that HB 264 "would do exactly that" and requested the
committee vote no on HB 264, as written, and support Amendment
5.
3:50:09 PM
TERRA BURNS, representing self, explained that HB 264, as
written, would result in false and misleading definitions
leading to false statistics. She encouraged the committee to
[adopt] Amendment 5.
3:51:38 PM
The committee took an at-ease from 3:51 to 3:52 p.m.
3:52:03 PM
TATIANA ROTHCHILD, Volunteer, Community United for Safety &
Protection, explained that she was a PhD candidate in Political
Science at Northeastern University and a volunteer researcher
with Community United for Safety & Protection. She has worked
in the anti-trafficking movement for over a decade and her
research explores how different institutional structures engage
in anti-human-trafficking work. She specifically examined how
different definitions have been used by different organizations.
She shared that her support of Amendment 5 comes from seeing
negative results of misleading definitions which criminalize
minors who are victims.
3:55:15 PM
AMBER NICKERSON, representing self, Community United for Safety
& Protection, spoke in support of Amendment 5 to HB 264. She
described her personal experience and reviewed the result of
poor definitions in previous bills, resulting in victims being
treated as criminals. In its current form, she warned, HB 264
is part of a "foster care to prison pipeline," but Amendment 5
would add the criminal definition of sex trafficking and
prostitution of minors.
3:58:16 PM
BRENDA EDENS, representing self, spoke in support of HB 264.
3:59:18 PM
MAXINE DOOGAN, President, Community United for Safety &
Protection, testified in opposition to [HB 264] in its current
form because the definitions would lead to bad public policy.
The organization she represents supports the definitions
proposed in Amendment 5.
4:01:17 PM
CHAIR PRAX, after ascertaining no one else wished to testify,
closed public testimony on HB 264.
4:01:24 PM
The committee took an at-ease from 4:01 to 4:06 p.m.
4:06:36 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 1 to HB 264,
labeled 33-LS1126\S.4, Bergerud, 2/15/24, which read as follows:
Page 1, lines 1 - 2:
Delete "adopt a uniform screening tool"
Insert "develop a shared screening methodology"
Page 2, lines 5 - 6:
Delete "uniform screening tool adopted under"
Insert "screening methods developed in"
Page 2, lines 17 - 23:
Delete all material and insert:
"(u) The department shall work with agency
partners and advocacy organizations to develop a
shared screening methodology to appropriately identify
whether a child is a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation. The
methods shall support the trafficking information-
gathering efforts in the state. The department shall
screen a child committed to the department upon the
child's initial commitment to the department and when
the department receives information indicating that
the child may be a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation."
Page 2, following line 31:
Insert a new bill section to read:
"* Sec. 5. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION. The Department of Family and Community
Services shall develop and begin using the shared
screening methodology required by sec. 4 of this Act
not later than one year after the date this Act takes
effect."
CHAIR PRAX objected for the purpose of discussion.
REPRESENTATIVE SADDLER clarified that the amendment eases the
requirement and asks to develop as opposed to adopting a uniform
screening tool. He said the Department of Family and Community
Services and the Division of Juvenile Justice hope that this
will improve things.
4:07:43 PM
REPRESENTATIVE VANCE explained that this amendment was brought
forward by the department in order to work with what it believes
is achievable and create the best method to partner with
organizations in the state to develop a screening methodology.
4:08:14 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, stated that the
Amendment 1 does not change the original intent of HB 264 much;
it adds an implementation deadline and changes the language to
provide more flexibility. There would be some uniformity in the
information, but there would be slight variations in the
screening tool.
4:09:12 PM
SHANNON DILLEY, Director, Division of Juvenile Justice,
Department of Family and Community Services, explained that the
division supports Amendment 1 to HB 264. The division has been
conducting screening tools about trafficking since 2018. The
tools are effective in collecting data, and this amendment
supports the continuation of those tools.
4:09:49 PM
KIM GUAY, Director, Office of Children's Services (OCS),
Department of Family and Community Services, spoke in support of
Amendment 1 to HB 264. She explained that OCS also has its own
screening tool that its uses. While all tools could be updated,
different organizations use tools that best fit the groups they
work with, so while there needs to be a methodology about what
data is collected, the tool does not necessarily need to be
uniform.
4:10:45 PM
CHAIR PRAX removed his objection to the motion to adopt
Amendment 1. There being no further objection, Amendment 1 was
adopted.
4:11:08 PM
REPRESENTATIVE MINA, in response to Chair Prax, said that she
would not be moving Amendment 2 [in committee packet].
4:11:19 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 3 to HB 264,
labeled 33LS1126\S.1, Bergerud, 2/5/24, which read as follows:
Page 1, line 1, following "Act":
Insert "extending the termination date of the
board of massage therapists;"
Page 1, following line 9:
Insert a new bill section to read:
"* Section 1. AS 08.03.010(c)(12) is amended to
read:
(12) Board of Massage Therapists
(AS 08.61.010) - June 30, 2030 [2024];"
Page 1, line 10:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE PRAX objected for the purpose of discussion.
REPRESENTATIVE SADDLER commented that the legislative process
allows for adding anything to a bill; this would change the
title. He did not support turning this bill into a "two headed
creature." The bill is thorough and addresses sex trafficking
and would create a good screening tool.
4:12:11 PM
CHAIR PRAX maintained his objection.
A roll call vote was taken. No representatives voted in favor
of Amendment 3. Representatives McCormick, Ruffridge, Saddler,
Sumner, Mina, and Prax voted against it. Representative Fields
was absent. Therefore, Amendment 3 to HB 264 failed by a vote
of 0-6.
4:13:13 PM
The committee took a brief at-ease at 4:13 p.m.
4:13:48 PM
CHAIR PRAX called on Representative Mina to present Amendment 5.
[Amendment 4, in the committee packet, was not offered.]
REPRESENTATIVE MINA moved to adopt Amendment 5 to HB 264,
labeled 33-LS1126|S.6, Bergerud, 2/20/24, which read as follows:
Page 1, lines 3 - 4:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 1, line 6:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, lines 1 - 3:
Delete all material and insert:
"(2) "prostitution" means engaging in
sexual conduct in return for a fee;
(3) "sex trafficking" means engaging in
sexual conduct for the financial benefit of another;
(4) "sexual conduct" has the meaning given
in AS 11.66.150."
Page 2, line 7:
Delete ", or at risk of becoming a victim,"
Page 2, line 8:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 11:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 12:
Delete "a new paragraph"
Insert "new paragraphs"
Page 2, lines 13 - 15:
Delete all material and insert:
"(4) "prostitution" means engaging in
sexual conduct in return for a fee;
(5) "sex trafficking" means engaging in
sexual conduct for the financial benefit of another;
(6) "sexual conduct" has the meaning given
in AS 11.66.150."
Page 2, lines 18 - 19:
Delete ", or at risk of becoming a victim,"
Page 2, line 19:
Delete "commercial sexual exploitation."
Insert "prostitution. The tool must screen for
sexual abuse, sex trafficking, and prostitution as
distinct categories, and the department must maintain
the distinct categories when aggregating or reporting
data gathered using the tool."
Page 2, line 23:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 31:
Delete "commercial sexual exploitation"
Insert "prostitution"
REPRESENTATIVE SADDLER objected.
REPRESENTATIVE MINA explained that Amendment 5 changes the bill
in terms of the type of data and definitions the uniform
screening tool would use. She expressed appreciation that the
stakeholders are coming together to work on the screening tool
and standardize the system for foster children and runaway
children. She expressed concern about the language regarding
commercial sexual exploitation. This amendment focuses the
uniform screening tool on prostitution, sex trafficking, and
sexual conduct. Representative Mina posited that there is merit
to understanding data when screening youth that are in
vulnerable positions and emphasized the worth in having
discussions on definitions. She clarified that Amendment 5
refers to definitions that are currently in state statute, but
the term "commercial sexual exploitation" is a new definition.
4:15:58 PM
REPRESENTATIVE VANCE responded that extensive work had been done
on these definitions. The legislature is currently updating the
criminal definitions around sex trafficking, sex conduct, and
commercial sexual exploitation. Amendment 5 would undermine the
purpose of having a screening of children for sexual
exploitation. The purpose is to catch children before in that
place of vulnerability before it turns into further exploitation
where children are prostituting themselves as spoken of by the
testifiers. The hope is that children who come into contact
with the state can be caught at the earliest moment of sexual
violence or exploitation. The current statutory definition of
commercial exploitation, which aligns with other legislation
being updated in partnership with the Department of Law, is sex
abuse or sexual exploitation for the financial benefit of any
person or in exchange for anything of value given or received by
any person. Representative Vance emphasized the latter part of
the definition. She further emphasized that the sooner the
state is able to find out if a child is being exploited or using
"survival sex" in exchange for food and shelter, the sooner it
can help that child. Amendment 5 would change that to
"prostitution." Children cannot consent to prostitution, and
that needs to be highlighted in this conversation. Prostitution
is an illegal adult activity. Children cannot consent, and
anything that says otherwise is dangerous. She stated that
definitions and language matter greatly, and she expressed her
hope that the definitions of commercial sexual exploitation and
sexual activity would be updated in law.
4:19:21 PM
CHAIR PRAX reiterated the concern of some public testimony
regarding a federal definition and questioned whether the term
"prostitution" is what is used in the federal definition.
MR. BALLINGER explained that in the state they are, but that is
part of the problem. The bill was initially set up to screen
children who are victims, but if you are screening them to see
whether they were engaged in prostitution, that is a crime which
creates a problem in that these are children and you are
interviewing children, minors, whether or not they were engaged
in criminal activity. So, I guess you would have to give
Miranda, contact their parents, etc. It thwarts the purpose.
The purpose is not to find out if they are criminals engaged in
this activity or whether they may be victims. That is part of
the problem of using a criminal definition. The definitions
that are used here, this new definition, only apply to these
code sections. That definition would not be used in criminal
law. It is only used to identify the child victims in this
case.
CHAIR PRAX reiterated that the definition only applied to
children because they were underage and unable to consent.
MR. BALLINGER agreed.
4:21:41 PM
MS. GUAY explained that the department opposes the language in
Amendment 5. Children should be looked at as victims in these
situations. Prostitution is an illegal act. Children should be
looked at as victims in these situations. There is shame and
blame that comes with the language of prostitution, sex
trafficking, and sexual conduct. The language of sexual
exploitation incorporates pornography and video pornography
where children are controlled and do not have the right to say
no because of survival.
CHAIR PRAX brought up the concern raised by one of the
testifiers that collecting DNA could be used against them in the
future.
MS. GUAY explained that this refers to collection of data and
they would not be collecting DNA.
4:24:36 PM
REPRESENTATIVE MCCORMICK referred to one testifier's comment
that, as currently written, the bill creates foster care to
prison pipeline and asked for a response to that concern.
MS. DILLEY responded that the bill does not do that in her
opinion but rather connects victimized children to services that
will help them.
4:25:59 PM
REPRESENTATIVE MINA explained her reasoning regarding creating
more specificity in the definitions, specifically regarding
commercial sexual exploitation.
4:27:07 PM
REPRESENTATIVE MCCORMICK asked Representative Vance to respond
to the foster care to pipeline concern.
REPRESENTATIVE VANCE responded that nationwide sixty percent of
trafficking victims have gone through the foster care system.
It is believed that in Alaska up to eighty percent of
trafficking victims have been through foster care. The earlier
the screening, the sooner the intervention. This bill and
further screening will help prevent a pipeline of exploitation
of kids in our foster care system. For example, the Covenant
House screening tool identified 27 more victims that would have
otherwise been missed, allowing the youth to get the support
they would need to avoid future exploitation and harm. In
addition to helping children who have been victims, it is also
important to be proactive in preventing the exploitation of
youth.
4:30:31 PM
CHAIR PRAX asked whether Representative Saddler maintains his
objection.
REPRESENTATIVE SADDLER replied in the affirmative.
4:30:34 PM
A roll call vote was taken. Representatives Mina and McCormick
voted in favor of Amendment 5 of HB 264. Representatives
Ruffridge, Saddler, Sumner, and Chair Prax voted against it.
Representative Fields was absent. Therefore, Amendment 5 failed
by a vote of 2 - 4.
4:31:55 PM
The committee took an at-ease from 4:31 to 4:32 p.m.
4:32:06 PM
REPRESENTATIVE SADDLER moved to report HB 264, as amended, out
of committee, with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
264(HSS) was reported out of the House Health and Social
Services Standing Committee.
4:33:25 PM
The committee took an at-ease from 4:33 p.m. to 4:36 p.m.
HB 196-FOOD STAMP PROGRAM ELIGIBILTY
4:36:19 PM
CHAIR PRAX announced that the final order of business would be
HOUSE BILL NO. 196, "An Act relating to the supplemental
nutrition assistance program; and providing for an effective
date."
4:37:05 PM
GENEVIEVE MINA, Alaska State Representative, Alaska State
Legislature, introduced HB 196 to the committee. She explained
she would discuss the Supplemental Nutrition Assistance Program
[SNAP] and eligibility for the program.
REPRESENTATIVE MINA showed a PowerPoint presentation regarding
HB 196, entitled, "Broad-Based Categorical Eligibility." She
explained that SNAP is Alaska's strongest food security program,
and it is a hundred percent funded by federal dollars. The
program encourages its recipients to work, and the majority of
SNAP participants do work. Alaska follows federal guidelines,
but the program allows some flexibility regarding how it is
administered including how eligibility is defined.
REPRESENTATIVE MINA presented slide 3 which described the
history of the SNAP program in Alaska. She showed slide 4 and
talked about what is referred to as the "benefit cliff" and
introduced the flexibility options available to Alaska under
Broad-Based Categorical Eligibility (BBCE). The BBCE would
eliminate the asset test and would allow the Department of
health to increase the income limit from 130% to 200% of
Alaska's poverty level. She moved to slide 5 which showed the
step-down approach to transitioning individuals and families off
SNAP.
4:44:44 PM
CHAIR PRAX asked for clarification regarding the step-down
approach for transitioning from SNAP.
REPRESENTATIVE MINA moved to slides 5 and 6 which illustrated
the food insecurity issues in Alaska. She described these
issues and discussed how HB 196 would address some of these
problems. The final slide illustrated how SNAP positively
affects local economies, providing economic stimulus to local
businesses and rural grocers.
4:48:41 PM
KATY GIORGIO, Staff, Representative Mina, Alaska State
Legislature, on behalf of Representative Mina, prime sponsor,
presented the sectional analysis for HB 196, which read as
follows [original punctuation provided]:
HB 196 Sectional Analysis
"An Act relating to the supplemental nutrition
assistance program; and providing for an effective
date."
Section 1. Amends AS. 47.25.980(a)(3):
This section updates the reference to the chapter of
United States code governing the Supplemental
Nutrition Assistance Program (SNAP). This section also
increases the household income limits for the SNAP
program from 130% to 200% of the Alaska poverty
standard and eliminates the household asset test.
Section 2. Amends uncodified law by adding a new
section:
This section provides the authority for the Department
of Health to adopt the necessary regulations to
implement this Act.
Section 3. Provides for an effective date for Section
2:
Section 2 has an immediate effective date.
Section 4. Provides for an effective date.
Except as provided in sec. 3, the effective date of
this Act is July 1, 2025
4:49:44 PM
CHAIR PRAX announced the committee would hear invited testimony.
4:50:04 PM
RON MEEHAN, Director of Government Affairs, Food Bank of Alaska,
Manager, Food Bank Coalition, spoke in support of HB 196. The
bill will increase government efficiency, reduce the time
necessary to process SNAP applications; and provide economic
security for hard working Alaskans. The SNAP program helps
92,000 Alaskans and stimulates the economy. He reiterated
several of the points made by Representative Mina regarding the
benefit cliff and gave examples of disincentivizing people from
taking jobs with more money. One example of how the current
SNAP asset requirements are particularly inappropriate in Alaska
is that people who use a boat or snowmobile for subsistence
fishing and hunting are disqualified from SNAP because they
exceed the asset restrictions. This legislation will make SNAP
work better and help people get out of poverty. The BBCE will
provide targeted assistance to low-income families and seniors
while saving the state money and increasing government
efficiency.
4:56:27 PM
CHAIR PRAX asked how the foodbank interfaces with the SNAP
program.
MR. MEEHAN responded that when people do not receive SNAP
benefits, they show up at the foodbanks at much higher levels.
4:57:16 PM
CHAIR PRAX asked what the niche that foodbanks fill in food
security issue and whether foodbanks have eligibility
requirements.
MR. MEEHAN answered that the foodbank system was not designed to
be an alternative to food benefit programs. The foodbank
coalition does administer several programs with paperwork
requirements, but foodbanks are designed as an additional food
resources and do not have eligibility requirements.
5:00:33 PM
ERIN WALKER-TOLLES, Executive Director, Catholic Community
Services, spoke in support of HB 196. She described her support
for the BBCE but specifically directed her testimony to issues
facing Alaskan seniors. She explained that seniors comprise 20%
of Alaska's population. Catholic Community Services has 10
senior centers, and last year served 130,000 hot meals. Since
the pandemic, there has been a dramatic increase in the need for
senior services. She gave examples of the difficult choices
some seniors must make and pointed out that poor nutrition
creates avoidable health issues. The most effective
intervention is access to nutritious food.
5:05:07 PM
CHAIR PRAX questioned whether the Catholic Community Center
senior meal program is a supplement to the SNAP program and
whether she would expect the demands on the community center to
decrease with the projected changes in SNAP.
MS. WALKER-TOLLES explained that the senior meal program
provides approximately one-third of daily nutritional
requirements, and the SNAP program is necessary to meet many
seniors' needs. She explained that the demands on the program
would fluctuate, but there is an increasing percentage of
seniors in Alaska's population.
5:06:41 PM
CHAIR PRAX asked the Division of Public Assistance to provide
its perspective.
DEB ETHERIDGE, Director, Division of Public Assistance,
Department of Health, described the issues seniors have
encountered with the SNAP program. Changing the eligibility
requirements to the BBCE system allows seniors to access
benefits more easily.
5:08:14 PM
CHAIR PRAX inquired about estimated long-term results and asked
about how it helps families get back on their feet.
MS. ETHERIDGE pointed out that the implementation of the bill
does not remove need for families to work. Furthermore, it
enables families to begin saving in order to move forward.
CHAIR PRAX gave an extreme scenario which he described as
unlikely, but which would be an example of abuse of the program
and asked about the potential for abuse of the SNAP program.
MS. ETHERIDGE replied that abuse was theoretically possible but
rare.
5:11:44 PM
REPRESENTATIVE MCCORMICK thanked Representative Mina for
bringing this forward and explained that it was very important
to many people in his district. He ended his comments with what
he indicated was an intentional pun, "Oh SNAP! Who said urban
and bush Alaska cannot work together."
5:13:04 PM
REPRESENTATIVE SADDLER commented that he felt the bill was a
combination of bureaucratic efficiency, humanity, compassion,
helping Alaskans stay independent, healthy in their homes, and
contributing. He commended the sponsor for bringing the bill
forward.
5:13:31 PM
CHAIR PRAX announced that HB 196 was held over.
5:14:31 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 5:15 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 275 Amendment A.3 #3.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Amendment A.4 #4.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 ANDVSA Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Joyful Heart Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Support from Alaska Group.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Community United Opposition.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 LOS Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 196 Fiscal Note DOH-PAFS Revised.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 196 Fiscal Note DOH-QC Revised.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 196 White Mountain Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 275 K Botz Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 264 T Rothchild Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |
| HB 264 A Nickerson Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |
| HB 264 - Study on Human Trafficking Screening Tool.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |