Legislature(2023 - 2024)GRUENBERG 120

02/05/2024 01:30 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 67 HARASSMENT; SEX OFFENDERS & OFFENSES TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 97 SELF-STORAGE UNITS: LIENS; SALES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        February 5, 2024                                                                                        
                           1:32 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sarah Vance, Chair                                                                                               
Representative Ben Carpenter                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Jesse Sumner                                                                                                     
Representative Andrew Gray                                                                                                      
Representative Cliff Groh                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jamie Allard, Vice Chair                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 67                                                                                                               
"An Act relating  to criminal law and procedure;  relating to the                                                               
crime  of  stalking;  relating   to  consecutive  sentencing  for                                                               
violation  of conditions  of  release; relating  to  the duty  to                                                               
register  as a  sex  offender; amending  the  definition of  'sex                                                               
offense'; amending  the definition  of 'crime  involving domestic                                                               
violence'; relating to  multidisciplinary child protection teams;                                                               
amending  Rule  6(r), Alaska  Rules  of  Criminal Procedure;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 97                                                                                                               
"An  Act   relating  to  self-storage  facilities   for  personal                                                               
property,  including  vehicles   and  watercraft;  distinguishing                                                               
self-storage facility  liens from  another type of  storage lien;                                                               
and excluding  self-storage liens  from the treatment  of certain                                                               
unclaimed property."                                                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  67                                                                                                                  
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/08/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/23       (H)       JUD, FIN                                                                                               
03/03/23       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/03/23       (H)       Heard & Held                                                                                           
03/03/23       (H)       MINUTE(JUD)                                                                                            
03/27/23       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/27/23       (H)       Heard & Held                                                                                           
03/27/23       (H)       MINUTE(JUD)                                                                                            
02/05/24       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  97                                                                                                                  
SHORT TITLE: SELF-STORAGE UNITS: LIENS; SALES                                                                                   
SPONSOR(s): PRAX                                                                                                                
                                                                                                                                
03/06/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/23       (H)       L&C, JUD                                                                                               
03/24/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/24/23       (H)       Heard & Held                                                                                           
03/24/23       (H)       MINUTE(L&C)                                                                                            
04/14/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/14/23       (H)       Heard & Held                                                                                           
04/14/23       (H)       MINUTE(L&C)                                                                                            
05/01/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
05/01/23       (H)       Heard & Held                                                                                           
05/01/23       (H)       MINUTE(L&C)                                                                                            
05/03/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
05/03/23       (H)       Moved CSHB 97(L&C) Out of Committee                                                                    
05/03/23       (H)       MINUTE(L&C)                                                                                            
05/08/23       (H)       L&C RPT CS(L&C) 4DP 2AM                                                                                
05/08/23       (H)       DP: PRAX, WRIGHT, SADDLER, RUFFRIDGE                                                                   
05/08/23       (H)       AM: FIELDS, CARRICK                                                                                    
02/05/24       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANGIE KEMP, Director                                                                                                            
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Gave an overview of HB 67, on behalf of the                                                              
House Rules Standing Committee, sponsor by request of the                                                                       
governor.                                                                                                                       
                                                                                                                                
ERIN WALKER-TOLLES, Executive Director                                                                                          
Catholic Community Services                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
KATI COPOZZI, representing self                                                                                                 
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
BRENDA STANFILL, Executive Director                                                                                             
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
KEELEY OLSON, Executive Director                                                                                                
Standing Together Against Rape                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
STACI YATES, Director of Human Trafficking Recovery Services                                                                    
My House                                                                                                                        
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
BETTY JO MOORE, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
ADRIENNE BERGONZINI, representing self                                                                                          
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
THOMAS GARBER, representing self                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 67.                                                                   
                                                                                                                                
CORELLA BAGGEN, representing self                                                                                               
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
ED MARTIN, representing self                                                                                                    
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
JESSICA VAUDREUIL, representing self                                                                                            
Shishmaref, Alaska                                                                                                              
POSITION STATEMENT:  testified during the hearing on HB 67.                                                                   
                                                                                                                                
SUKI MILLER, Executive Director                                                                                                 
Victims for Justice                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 67.                                                                           
                                                                                                                                
ROBERT BALLINGER, Staff                                                                                                         
Representative Sarah Vance                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Gave  an explanation of  Amendment 1  to HB
67, on behalf of Representative Vance.                                                                                          
                                                                                                                                
REPRESENTATIVE MIKE PRAX                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Presented  CSHB  97(L&C),  as  the  prime                                                             
sponsor.                                                                                                                        
                                                                                                                                
DANIEL BRYANT, Legal/Legislative Counsel                                                                                        
Self Storage Association                                                                                                        
Alexandria, Virginia                                                                                                            
POSITION STATEMENT:   gave invited  testimony during  the hearing                                                             
on CSHB 97(L&C).                                                                                                                
                                                                                                                                
MARGARET ELLIOT, Staff                                                                                                          
Representative Mike Prax                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Gave a summary of changes  in CSHB 97(L&C),                                                             
on behalf of Representative Prax, prime sponsor.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:39 PM                                                                                                                    
                                                                                                                                
CHAIR  VANCE  called  the   House  Judiciary  Standing  Committee                                                             
meeting  to order  at 1:32  p.m.   Representatives Carpenter,  C.                                                               
Johnson, Sumner, Gray,  Groh, and Vance were present  at the call                                                               
to order.                                                                                                                       
                                                                                                                                
          HB  67-HARASSMENT; SEX OFFENDERS & OFFENSES                                                                       
                                                                                                                                
1:33:38 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE  BILL  NO.  67,  "An  Act  relating  to  criminal  law  and                                                               
procedure;  relating  to  the  crime  of  stalking;  relating  to                                                               
consecutive sentencing  for violation  of conditions  of release;                                                               
relating to the duty to register  as a sex offender; amending the                                                               
definition of  'sex offense'; amending  the definition  of 'crime                                                               
involving  domestic  violence';   relating  to  multidisciplinary                                                               
child  protection  teams; amending  Rule  6(r),  Alaska Rules  of                                                               
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
1:34:08 PM                                                                                                                    
                                                                                                                                
ANGIE  KEMP,  Director,  Criminal  Division,  Department  of  Law                                                               
(DOL), on behalf  of the House Rules  Standing Committee, sponsor                                                               
by  request of  the governor,  gave an  overview of  HB 67.   She                                                               
paraphrased the document,  titled "Domestic Violence/Sex Offenses                                                               
Highlights"  [included in  the committee  packet], which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     •  Decreases trauma  of the  justice system  to victims                                                                  
     and  witnesses  at  Grand   Jury  and  streamlines  the                                                                  
     process: allow key witnesses,  typically the officer in                                                                  
     the  case,   to  summarize   the  testimony   of  other                                                                    
     witnesses.                                                                                                                 
     o Makes  System Less  Traumatizing to  Victims: Reduces                                                                    
     the trauma  to the victim  who would otherwise  have to                                                                    
     physically  appear at  the grand  jury, sometimes  mere                                                                    
     days   after  being   victimized,  and   re-tell  their                                                                    
     experience.                                                                                                                
     o Makes  The Process  More Efficient: will  also assist                                                                    
     with  the  backlog  created   when  grand  juries  were                                                                    
     suspended due to COVID-19.                                                                                                 
          ? More  than 30 other jurisdictions  allow similar                                                                    
          process.                                                                                                              
          ?  The rules  of  evidence still  apply at  trial,                                                                    
          therefore,  witnesses would  need to  be available                                                                    
          for trial.                                                                                                            
                                                                                                                                
     • Updates Alaska's sex offender registration                                                                             
     o  Prevents out-of-state  convicted sex  offenders from                                                                    
     avoiding  registration requirements:  will require  sex                                                                    
     offenders to  register in Alaska  if they  are required                                                                    
     to register in the convicting state.                                                                                       
          ? Out of state offenders  seek out Alaska to avoid                                                                    
          registration requirements.                                                                                            
          ? Alaska  will no  longer be seen  as a  haven for                                                                    
          sex offenders to avoid registration.                                                                                  
     o Additional  information to  the Department  of Public                                                                    
     Safety: aligns Alaska's  sex offender registration more                                                                    
     closely with the federal  registration by requiring sex                                                                    
     offenders to  provide the  Department of  Public Safety                                                                    
     with    additional     information    (travel    plans,                                                                    
     professional  licensing information,  temporary lodging                                                                    
     information,    and    passport   information).    Such                                                                    
     information  is  important   to  better  monitor  these                                                                    
     offenders.                                                                                                                 
                                                                                                                                
      Updates Stalking in the first degree.                                                                                   
     o  Makes  stalking, while  the  victim  has a  stalking                                                                    
     protective order,  the crime  of stalking in  the first                                                                    
     degree.                                                                                                                    
          ? Currently  a violation of a  stalking protective                                                                    
          order would only be covered  under stalking in the                                                                    
          second degree (a misdemeanor).                                                                                        
     o  Stalking  in  the   first  degree  already  includes                                                                    
     violations  of other  protective  orders like  domestic                                                                    
     violence protective orders.                                                                                                
                                                                                                                                
     • Protects children.                                                                                                     
     o  Allows qualified  individuals to  interview children                                                                    
     under 13 who engage in sexual acts together.                                                                               
          ?  Allows   children  access   to  age-appropriate                                                                    
          services. ?  Will assist  in the  understanding of                                                                    
          why  children  under  13 have  engaged  in  sexual                                                                    
          behavior.                                                                                                             
          ? Protects  potential victims and  curbs potential                                                                    
          future sexual misconduct.                                                                                             
                                                                                                                                
     •   Consecutive   sentencing   for   repeat   violating                                                                  
     conditions of release convictions.                                                                                       
     o  This  bill requires  some  additional  jail time  be                                                                    
     imposed for each conviction for  the crime of violation                                                                    
     of conditions of release.                                                                                                  
          ?  Defendants   often  repeatedly   violate  their                                                                    
          conditions  of  release,   resulting  in  multiple                                                                    
          charges of  "violation of conditions  of release."                                                                    
          This  provision requires  some additional  time be                                                                    
          imposed for each offense.                                                                                             
          ? Expands the definition  of domestic violence and                                                                
          a crime of domestic violence.                                                                                       
     o Expands the list of crimes to include:                                                                                   
          ? Interfering  with a report of  a crime involving                                                                    
          domestic violence; and                                                                                                
          ? Unlawful contact.                                                                                                   
                                                                                                                                
1:40:25 PM                                                                                                                    
                                                                                                                                
MS.  KEMP described  how a  case proceeds  through the  18-member                                                               
grand  jury.   She explained  that when  an arrest  is made,  the                                                               
prosecutor is obligated to present  the case to grand jury within                                                               
10 days.   The evidence presented must  establish probable cause.                                                               
She shared an anecdotal example  involving a 14-year-old girl who                                                               
was  violently  raped, and  within  seven  days of  the  offense,                                                               
required to  testify before  the grand jury  and relive  the most                                                               
traumatic moment of her life.   She said the proposed legislation                                                               
was designed  to reduce  unnecessary stress  and revictimization.                                                               
She further  noted that the  level of  proof required at  a grand                                                               
jury presentation  in Alaska surpasses  that of 30  other states.                                                               
By  allowing a  witness  to summarize  admissible testimony,  she                                                               
believed that  the bill  would go  a long  way in  preserving due                                                               
process of the defendant and  drawing a healthier balance between                                                               
the victim and witness's rights.                                                                                                
                                                                                                                                
1:45:34 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE sought questions from committee members.                                                                            
                                                                                                                                
1:46:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY asked  whether  the bill  would make  Alaska                                                               
consistent with other states.                                                                                                   
                                                                                                                                
MS. KEMP replied that there  are different gradations [of hearsay                                                               
laws] in other states.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRAY asked  Ms. Kemp  to  provide a  list of  the                                                               
states that this law would emulate.                                                                                             
                                                                                                                                
MS. KEMP offered to follow up with the requested information.                                                                   
                                                                                                                                
1:47:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked  whether the requirement  that a                                                               
witness must  appear in  person is provided  in statute  or court                                                               
rules.                                                                                                                          
                                                                                                                                
MS. KEMP answered court rules, not statute.                                                                                     
                                                                                                                                
REPRESENTATIVE C.  JOHNSON said it  seemed as though  court rules                                                               
were writing statute in this instance.                                                                                          
                                                                                                                                
1:49:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER asked for  verification that court rules                                                               
were guiding the state's hearsay policy.                                                                                        
                                                                                                                                
MS. KEMP answered yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  CARPENTER asked  whether the  court was  limiting                                                               
the  information that  can  be  presented to  the  grand jury  or                                                               
limiting what can be used in an indictment.                                                                                     
                                                                                                                                
MS. KEMP said both.  The  rule prevents the use of hearsay unless                                                               
there  is   an  exception   to  court   rules  or   a  compelling                                                               
justification to introduce it.                                                                                                  
                                                                                                                                
REPRESENTATIVE CARPENTER  sought to  confirm that the  grand jury                                                               
had  a constitutional  obligation  to investigate  crime and  the                                                               
court rules  were preventing certain information  being presented                                                               
to the grand jury.                                                                                                              
                                                                                                                                
1:51:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  asked whether Ms.  Kemp would agree  that in                                                               
fashioning  the  court rules,  the  court  system was  trying  to                                                               
follow various court decisions and constitutional doctrines.                                                                    
                                                                                                                                
MS.  KEMP  answered  yes,  the  court  system  was  charged  with                                                               
evaluating   intent   and    assessing   against   constitutional                                                               
requirements.                                                                                                                   
                                                                                                                                
1:53:26 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE opened public testimony on HB 67.                                                                                   
                                                                                                                                
1:53:46 PM                                                                                                                    
                                                                                                                                
ERIN  WALKER-TOLLES,   Executive  Director,   Catholic  Community                                                               
Services, testified in  support of HB 67.   She expressed support                                                               
for  HB  67  and  its focus  on  avoiding  the  re-traumatization                                                               
children  and  victims  of   sexual  assault;  specifically,  the                                                               
provision that  would preclude children from  testifying in front                                                               
of the grand jury.                                                                                                              
                                                                                                                                
1:55:47 PM                                                                                                                    
                                                                                                                                
KATI COPOZZI, representing  self, testified in support  of HB 67.                                                               
Specifically,  she said  she supported  the provision  that would                                                               
preclude victims  from testifying in  front of the grand  jury to                                                               
answer questions about the crime they were victimized by.                                                                       
                                                                                                                                
1:57:51 PM                                                                                                                    
                                                                                                                                
BRENDA STANFILL,  Executive Director, Alaska Network  on Domestic                                                               
Violence and Sexual Assault, testified in  support of HB 67.  She                                                               
anecdotally   reported  on   the  impact   of  the   grand  jury,                                                               
specifically on  victims, and  the hurtle  it presents  in moving                                                               
cases forward.  She encouraged the committee to pass the bill.                                                                  
                                                                                                                                
2:00:17 PM                                                                                                                    
                                                                                                                                
KEELEY  OLSON,  Executive  Director,  Standing  Together  Against                                                               
Rape, testified in  support of HB 67.  She  expressed support for                                                               
the  provision that  would preclude  victims  from testifying  in                                                               
front  of the  grand jury.    She highlighted  the difficulty  it                                                               
presents when  victims are  transient and difficult  to find    a                                                               
hurtle that is often taken advantage of by offenders.                                                                           
                                                                                                                                
2:03:08 PM                                                                                                                    
                                                                                                                                
STACI YATES, Director of Human  Trafficking Recovery Services, My                                                               
House,  testified  in  support  of  HB 67.    She  said  Alaska's                                                               
criminal justice  system is in  desperate need of  reform because                                                               
it  revictimizes  and  retraumatizes victims  who  have  suffered                                                               
enough.   She  characterized  the requirement  to testify  before                                                               
grand jury as cruel and inhumane.                                                                                               
                                                                                                                                
2:05:24 PM                                                                                                                    
                                                                                                                                
BETTY JO MOORE, representing self,  testified in support of HB 67                                                               
with proposed edits.  She  suggested that the bill should address                                                               
Alaska Court Rules  303, 403, 404, 801, and 803.   She referenced                                                               
Supreme  Court Order  (SCO) 1993  [Amending Criminal  Rule 6  and                                                               
Criminal Rule  6.1 concerning  grand jury],  and AS  12.40.030 in                                                               
addition to hearsay.                                                                                                            
                                                                                                                                
2:07:48 PM                                                                                                                    
                                                                                                                                
ADRIENNE BERGONZINI,  representing self, testified in  support of                                                               
HB 67,  as a  concerned mother  who endured losing  a child  to a                                                               
human trafficker.                                                                                                               
                                                                                                                                
2:08:44 PM                                                                                                                    
                                                                                                                                
THOMAS GARBER,  representing self,  testified during  the hearing                                                               
on  HB 67.    He  referenced SCO  1993,  indicating  that it  was                                                               
"infringing  some information  from  coming before  a grand  jury                                                               
outside of the prosecutor's realm."                                                                                             
                                                                                                                                
2:09:25 PM                                                                                                                    
                                                                                                                                
CORELLA  BAGGEN, representing  self, testified  in support  of HB
67.    She  shared  a  personal  anecdote  involving  the  brutal                                                               
torture,  rape,  and   murder  of  her  sister   by  a  transient                                                               
individual.  She  urged the legislature to  help protect Alaska's                                                               
innocent and  victimized by closing  the loophole in  current law                                                               
that  makes the  state  a  place where  sex  offenders can  avoid                                                               
registration.  She opined that the  bill would do more to support                                                               
victims than any other action the legislature could take.                                                                       
                                                                                                                                
2:11:08 PM                                                                                                                    
                                                                                                                                
ED MARTIN, representing self, testified  in support of HB 67 with                                                               
amendments to  the provision regarding  admissible evidence.   He                                                               
said he firmly supported the  portion related to the sex offender                                                               
registry  and stalking;  however,  he opined  that a  prosecuting                                                               
attorney needs  more than "belief,"  and that evidence  should be                                                               
brought before the grand jury.                                                                                                  
                                                                                                                                
2:13:45 PM                                                                                                                    
                                                                                                                                
JESSICA  VAUDREUIL,  representing   self,  testified  during  the                                                               
hearing on HB 67.  Shared  a personal anecdote about a registered                                                               
sex offender in  her community, asserting that the  state was not                                                               
letting him move on after serving his time.                                                                                     
                                                                                                                                
2:16:33 PM                                                                                                                    
                                                                                                                                
SUKI MILLER,  Executive Director, Victims for  Justice, testified                                                               
in support  of HB  67.  Specifically,  she expressed  support for                                                               
the provision that would repeal  the court rule requiring victims                                                               
from to testify  in front of the  grand jury.  She  said the bill                                                               
would greatly reduce  the stress and trauma  Alaska crime victims                                                               
are  forced  to experience,  while  making  the criminal  justice                                                               
system more compassionate, fair, rational, and efficient.                                                                       
                                                                                                                                
CHAIR VANCE closed public testimony on HB 67.                                                                                   
                                                                                                                                
2:18:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  moved to  adopt Amendment  1 to  HB 67,                                                               
labeled 33-GH1031\A.11, C. Radford, 2/3/24, which read:                                                                         
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 2, following line 28:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 12.45.045(a) is amended to read:                                                                      
          (a)  In prosecutions for the crimes of sexual                                                                         
     assault in any  degree, sexual abuse of a  minor in any                                                                    
     degree,   unlawful  exploitation   of   a  minor,   sex                                                                
     trafficking in any degree, or  an attempt to commit any                                                                
     of these crimes, evidence of  the sexual conduct of the                                                                    
     complaining witness,  occurring either before  or after                                                                    
     the  offense  charged,  may not  be  admitted  nor  may                                                                    
     reference be  made to  it in the  presence of  the jury                                                                    
     except as provided in this  section. When the defendant                                                                    
     seeks  to  admit  the evidence  for  any  purpose,  the                                                                    
     defendant shall  apply for  an order  of the  court not                                                                    
     later than  five days before  trial or at a  later time                                                                    
     as  the   court  may,  for  good   cause,  permit.  The                                                                    
     defendant  may,  for good  cause  shown,  apply for  an                                                                    
     order  during   trial  if  the  request   is  based  on                                                                    
     information learned  after the  deadline or  during the                                                                    
     trial. After  the application is made,  the court shall                                                                    
     conduct   a  hearing   in  camera   to  determine   the                                                                    
     admissibility of the evidence.  If the court finds that                                                                    
     evidence offered by the  defendant regarding the sexual                                                                    
     conduct  of the  complaining witness  is relevant,  and                                                                    
     that  the probative  value of  the evidence  offered is                                                                    
     not outweighed  by the  probability that  its admission                                                                    
     will create  undue prejudice, confusion of  the issues,                                                                    
     or  unwarranted   invasion  of   the  privacy   of  the                                                                    
     complaining  witness, the  court  shall  make an  order                                                                    
     stating what evidence may be  introduced and the nature                                                                    
     of the  questions that may be  permitted. The defendant                                                                    
     may then offer evidence under the order of the court."                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, line 12:                                                                                                           
          Delete "20"                                                                                                           
          Insert "21 [20]"                                                                                                  
                                                                                                                                
     Page 9, line 16:                                                                                                           
          Delete "20"                                                                                                           
          Insert "21 [20]"                                                                                                  
                                                                                                                                
     Page 13, line 2:                                                                                                           
          Delete "sec. 3"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
     Page 13, lines 2 - 3:                                                                                                      
          Delete "sec. 9"                                                                                                       
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 13, line 5:                                                                                                           
          Delete "sec. 4"                                                                                                       
          Insert "sec. 5"                                                                                                       
          Delete "sec. 5"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 13, line 6:                                                                                                           
          Delete "sec. 6"                                                                                                       
          Insert "sec. 7"                                                                                                       
                                                                                                                                
     Page 13, line 9:                                                                                                           
          Delete "sec. 7"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 13, line 13:                                                                                                          
          Delete "sec. 7"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 13, line 16:                                                                                                          
          Delete "sec. 8"                                                                                                       
          Insert "sec. 9"                                                                                                       
                                                                                                                                
     Page 13, line 18:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 13, line 24:                                                                                                          
          Delete "sec. 12" in both places                                                                                       
          Insert "sec. 13" in both places                                                                                       
                                                                                                                                
     Page 13, line 26:                                                                                                          
          Delete "2023"                                                                                                         
          Insert "2024"                                                                                                         
                                                                                                                                
CHAIR VANCE objected for the purpose of discussion.                                                                             
                                                                                                                                
2:18:46 PM                                                                                                                    
                                                                                                                                
ROBERT  BALLINGER,  Staff,  Representative  Sarah  Vance,  Alaska                                                               
State Legislature,  on behalf of Representative  Vance, explained                                                               
that Amendment 1 would add sex  trafficking to the list of crimes                                                               
included in  the rape shield law.   It would also  change the age                                                               
from 20 to  21 for the designation  of a sex crime on  page 8 and                                                               
9, in addition to changing the effective date.                                                                                  
                                                                                                                                
2:20:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY questioned the change in age from 20 to 21.                                                                 
                                                                                                                                
MR. BALLINGER directed attention to page  8, line 12 of the bill,                                                               
and  explained  that  should  the  amendment  pass,  inducing  or                                                               
causing a  person under the age  of 21 to engage  in prostitution                                                               
would qualify as a sex offense.                                                                                                 
                                                                                                                                
CHAIR  VANCE  removed her  objection.    There being  no  further                                                               
objection, Amendment  1 was  adopted.  She  announced that  HB 67                                                               
would be held over.                                                                                                             
                                                                                                                                
            HB  97-SELF-STORAGE UNITS: LIENS; SALES                                                                         
                                                                                                                                
2:22:36 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 97, "An  Act relating to  self-storage facilities                                                               
for  personal   property,  including  vehicles   and  watercraft;                                                               
distinguishing self-storage  facility liens from another  type of                                                               
storage  lien;   and  excluding   self-storage  liens   from  the                                                               
treatment of certain unclaimed property."   [Before the committee                                                               
was CSHB 97(L&C).]                                                                                                              
                                                                                                                                
2:23:19 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:24:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE   PRAX,  Alaska  State   Legislature,  prime                                                               
sponsor, presented CSHB  97(L&C).  He read  the sponsor statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     49  states  and  the  District of  Columbia  have  self                                                                    
     storage  lien statutes.  Alaska is  the last  remaining                                                                    
     state without  a self storage lien  statute. These laws                                                                    
     provide  for  a  non-judicial  foreclosure  process  to                                                                    
     address  and  remedy   nonpayment  issues  between  the                                                                    
     facility owner  and the unit renter.  Storage liens are                                                                    
     the  national standard  for  settling disputes  between                                                                    
     facility owners and unit renters.                                                                                          
                                                                                                                                
     Self  storage lien  laws provide  protections for  unit                                                                    
     renters.  HB  97  would   require  facility  owners  to                                                                    
     include  specific  information regarding  the  facility                                                                    
     owner's  lien rights  in the  rental  agreement. HB  97                                                                    
     would also require the facility  owner to wait at least                                                                    
     ten (10) days after the  unit renter's default to begin                                                                    
     lien  enforcement. After  ten (10)  days, the  facility                                                                    
     owner would  be required  to send  a default  notice to                                                                    
     the unit renter.                                                                                                           
                                                                                                                                
     If  the unit  renter  does not  cure  the default,  the                                                                    
     facility owner would then be  required to send a second                                                                    
     notice of default  to the unit renter  that provides an                                                                    
     additional 20-day  window for  the unit renter  to cure                                                                    
     the  default. If  the payment  issue  is not  remedied,                                                                    
     then HB 97  would permit the facility  owner to proceed                                                                    
     with  a sale.  The bill  details that  process and  how                                                                    
     proceeds from that sale must be applied.                                                                                   
                                                                                                                                
     HB  97  also  provides  certainty  and  protection  for                                                                    
     storage  facility  owners.  The bill  would  provide  a                                                                    
     specific  statutory  process  for  facility  owners  to                                                                    
     follow to enforce their lien rights in the state.                                                                          
                                                                                                                                
2:27:40 PM                                                                                                                    
                                                                                                                                
DANIEL   BRYANT,   Legal/Legislative    Counsel,   Self   Storage                                                               
Association, gave  invited testimony  during the hearing  on CSHB
97(L&C),  which   would  require  owners  to   follow  a  unified                                                               
procedure  after  default.    He   provided  information  on  the                                                               
[storage] industry's  background, noting that Alaska  is the only                                                               
state   without   a   self-storage  statute   addressing   liens.                                                               
Statutory lien laws are important,  he said, because they provide                                                               
a basic  legal framework  and guardrails  to protect  both owners                                                               
and occupants.   The  bill would ensure  that several  steps were                                                               
taken before  a sale,  starting with  a written  rental agreement                                                               
that informs the occupant of the  lien and the inevitable sale or                                                               
disposal of  the property upon  default.   He noted that  the law                                                               
would  not apply  to  active-duty service  members,  as they  are                                                               
protected  under  the  Servicemembers Civil  Relief  Act  (SCRA).                                                               
Should default  occur, the owner  must send at least  two notices                                                               
to the  occupant and provide an  opportunity to cure.   The first                                                               
notice  may be  sent by  email  or First-Class  Mail; the  second                                                               
notice may  be sent by email,  Certified Mail, or US  mail with a                                                               
certificate of  mailing at least  10 days after the  first notice                                                               
and provide  a minimum of  20 days to cure  the default.   If the                                                               
occupant is  generally unresponsive, the owner  would be afforded                                                               
three  remedies: tow  certain titled  property, proceed  with the                                                               
sale, or dispose of property that receives no bid or offer.                                                                     
                                                                                                                                
2:33:32 PM                                                                                                                    
                                                                                                                                
MR.  BRYANT explained  that  national lien  sales  are not  money                                                               
makers for storage owners.   The primary objective of those sales                                                               
is to return  the unit back to inventory and  re-rent the unit to                                                               
a  paying customer.   He  noted that  all occupants  may exercise                                                               
their redemption  rights until  the sale is  final.   Lastly, the                                                               
bill outlines  the order of  payment from proceeds  obtained from                                                               
the sale.  After paying the  facility owner and lien holders, any                                                               
excess  balance would  be held  by the  facility owner  for three                                                               
years,  and if  unclaimed, the  money  would be  remitted to  the                                                               
state.   He  opined that  HB  97 strikes  an appropriate  balance                                                               
between  facility   owners  and   unit  renters  and   asked  the                                                               
committee's  support  to bring  a  self-storage  lien statute  to                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR VANCE sought questions from committee members.                                                                            
                                                                                                                                
2:36:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked  whether all states  allow email                                                               
notifications.                                                                                                                  
                                                                                                                                
REPRESENTATIVE PRAX deferred to Mr. Bryant.                                                                                     
                                                                                                                                
MR.  BRYANT  answered yes,  email  is  an extraordinarily  common                                                               
means of effectuating the notice.   More than 40 states expressly                                                               
permit that form of notification in statute.                                                                                    
                                                                                                                                
2:37:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY asked why Alaska was so far behind.                                                                         
                                                                                                                                
REPRESENTATIVE PRAX did not know the answer.                                                                                    
                                                                                                                                
2:37:51 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked whether the  timeframe outlined in the bill was                                                               
sufficient to  notify someone  about the  loss of  their property                                                               
given the unreliability of timely mail in Alaska.                                                                               
                                                                                                                                
REPRESENTATIVE PRAX said yes, 30 days seemed reasonable.                                                                        
                                                                                                                                
CHAIR VANCE asked what kind  of notification would be provided to                                                               
a  renter  when making  the  agreement  and whether  expectations                                                               
would be clearly communicated.                                                                                                  
                                                                                                                                
MR.  BRYANT  confirmed  that  the  agreement  would  be  written,                                                               
informing the  occupant of the  lien's existence  and ultimately,                                                               
what would transpire should monetary default occur.                                                                             
                                                                                                                                
2:40:53 PM                                                                                                                    
                                                                                                                                
CHAIR  VANCE questioned  the  sale and  disposal  of property  in                                                               
Section 34 and  asked Mr. Bryant to describe  the notification of                                                               
sale, as proposed in the bill.                                                                                                  
                                                                                                                                
MR.  BRYANT  shared  his  understanding   that  as  a  matter  of                                                               
practice,  every  facility  owner   goes  above  and  beyond  the                                                               
statutory minimum to remedy the  payment dispute in a manner that                                                               
does  not  require  sale  of   the  property.    Nonetheless,  he                                                               
acknowledged  that the  bill required  nothing  more of  facility                                                               
owners subsequent to the second notice being sent.                                                                              
                                                                                                                                
REPRESENTATIVE PRAX directed attention to  page 3, line 15, which                                                               
described the second notice of default.                                                                                         
                                                                                                                                
2:44:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked whether there  would be recourse                                                               
for disposing of  illegal property or property that  is costly to                                                               
dispose of, such as batteries.                                                                                                  
                                                                                                                                
REPRESENTATIVE  PRAX  said  the   bill  does  not  address  those                                                               
scenarios;  nonetheless, he  shared  his  understanding that  the                                                               
facility owner would be liable.                                                                                                 
                                                                                                                                
2:47:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY questioned  the magnitude  of this  issue in                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE PRAX  did not  know the answer.   He  directed the                                                               
question to Mr. Bryant.                                                                                                         
                                                                                                                                
MR. BRYANT  did not  have specific data  on Alaska.   Nationally,                                                               
approximately 1  to 3 percent  of units  go through the  sale and                                                               
auction  process.   In  other words,  97 to  99  percent of  unit                                                               
renters follow the terms and conditions of the rental agreement.                                                                
                                                                                                                                
REPRESENTATIVE PRAX shared a personal anecdote.                                                                                 
                                                                                                                                
2:49:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER inquired  about a  scenario in  which a                                                               
vehicle with a lien was stored in a unit under default.                                                                         
                                                                                                                                
REPRESENTATIVE  PRAX  explained  that as  written,  the  facility                                                               
owner's  lien would  supersede the  bank's lien.   He  shared his                                                               
understanding that a  forthcoming amendment would make  it so the                                                               
bank's lien would supersede the facility owner's lien.                                                                          
                                                                                                                                
2:52:28 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:53:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  clarified his  misstatement,  acknowledging                                                               
that CSHB 97(L&C) was before the  committee.  He asked his staff,                                                               
Ms. Elliot, to  explain the changes from the  original version of                                                               
the bill.                                                                                                                       
                                                                                                                                
2:53:47 PM                                                                                                                    
                                                                                                                                
MARGARET ELLIOT,  Staff, Representative  Mike Prax,  Alaska State                                                               
Legislature,  on behalf  of Representative  Prax, prime  sponsor,                                                               
presented a summary  of changes in CSHB 97(L&C)  [included in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 3, page 2, lines 19-20:                                                                                            
     • Adds language requiring the unit renter to disclose                                                                      
     on the rental agreement any lien holders that                                                                              
     may have an interest in the stored property.                                                                               
                                                                                                                                
     Section 3, page 3, lines 5-6:                                                                                              
       • Adds the following language: "and any other lien                                                                       
     holder identified in the rental agreement".                                                                                
      Requires a facility owner to notify any lien holders                                                                      
     that a unit renter is in default in the same                                                                               
     manner the unit renter is notified.                                                                                        
                                                                                                                                
     All other sections remain unchanged.                                                                                       
                                                                                                                                
2:55:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER reaffirmed that CSHB 97(L&C) was before                                                                
the committee, not the original version of the bill.                                                                            
                                                                                                                                
2:55:39 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:56:17 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced that CSHB 97(L&C) would be held over.                                                                     
                                                                                                                                
2:57:20 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:57 p.m.                                                                 

Document Name Date/Time Subjects
HB 67 - Transmittal Letter.pdf HJUD 2/5/2024 1:30:00 PM
HB 67
HB 67 - Sectional Analysis.pdf HJUD 2/5/2024 1:30:00 PM
HB 67
HB 67 - Highlights.pdf HJUD 2/5/2024 1:30:00 PM
HB 67
HB 67 - Fiscal Notes (1-6) (2024).pdf HJUD 2/5/2024 1:30:00 PM
HB 67
HB 97 - Sponsor Statement.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - v.S.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - Sectional Analysis v.S.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - Explanation of Changes v.B to v.S.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - AK Lien Law Presentation.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - California Codes.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - GlobalFCU Letter Concerns.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - RCW 19.150.060.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 97 - Fiscal Note-OMB.pdf HJUD 2/5/2024 1:30:00 PM
HB 97
HB 67 - Amendment #1 (A.11).pdf HJUD 2/5/2024 1:30:00 PM
HB 67