Legislature(2025 - 2026)GRUENBERG 120
03/28/2025 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB137 | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 137 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 118 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 28, 2025
1:02 p.m.
DRAFT
MEMBERS PRESENT
Representative Andrew Gray, Chair
Representative Chuck Kopp, Vice Chair
Representative Ted Eischeid
Representative Genevieve Mina
Representative Sarah Vance
Representative Mia Costello
Representative Jubilee Underwood
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 137
"An Act relating to permanent fund dividends for individuals
owing child support; and relating to applications and
qualifications for permanent fund dividends for individuals
owing child support."
- HEARD & HELD
HOUSE BILL NO. 118
"An Act establishing the Council on Human and Sex Trafficking;
and providing for an effective date."
- MOVED CSHB 118(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 137
SHORT TITLE: PFD/CHILD SUPPORT
SPONSOR(s): REPRESENTATIVE(s) CARRICK
03/17/25 (H) READ THE FIRST TIME - REFERRALS
03/17/25 (H) JUD, FIN
03/28/25 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 118
SHORT TITLE: COUNCIL ON HUMAN AND SEX TRAFFICKING
SPONSOR(s): REPRESENTATIVE(s) VANCE
02/26/25 (H) READ THE FIRST TIME - REFERRALS
02/26/25 (H) JUD, FIN
03/19/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/19/25 (H) Heard & Held
03/19/25 (H) MINUTE(JUD)
03/21/25 (H) JUD AT 1:00 PM GRUENBERG 120
03/21/25 (H) Heard & Held
03/21/25 (H) MINUTE(JUD)
03/28/25 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE ASHLEY CARRICK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 137.
GRIFFEN SUKKAEW, Staff
Representative Ashley Carrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 137
on behalf of Representative Carrick, prime sponsor.
PHUONG ("CHRIS") TRAN
Child Support Enforcement Division
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137.
GENEIVIEVE WOJTUSIK, Director
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
137.
LYNDSAY KOTALIK, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 137.
LAURA NORTON-CRUZ, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 137.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
118.
ACTION NARRATIVE
1:02:22 PM
CHAIR ANDREW GRAY called the House Judiciary Standing Committee
meeting to order at 1:02 p.m. Representatives Underwood,
Costello, Eischeid, Vance, Kopp, and Gray were present at the
call to order. Representative Mina arrived as the meeting was
in progress.
HB 137-PFD/CHILD SUPPORT
1:03:17 PM
CHAIR GRAY announced that the first order of business would be
HOUSE BILL NO. 137, "An Act relating to permanent fund dividends
for individuals owing child support; and relating to
applications and qualifications for permanent fund dividends for
individuals owing child support."
1:03:41 PM
REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, as
prime sponsor, presented HB 137. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 137 allows the state to apply for the
Permanent Fund Dividends (PFDs) on behalf of eligible
residents who are behind on child support and have not
filed their own PFD applications by the deadline.
Currently, some people avoid filing for their PFDs to
prevent them being garnished, denying their children
access to essential financial support. HB 137 requires
the state step in for these families, ensuring that
PFDs owed for child support are applied for and
distributed. By addressing this gap, HB 137
strengthens Alaska's child support system and helps
custodial parents provide for their children.
This bill is a fair and straightforward way to support
Alaskan families. I urge your support for HB 137 to
close this gap and prioritize the well-being of our
children.
1:04:57 PM
GRIFFEN SUKKAEW, Staff, Representative Ashley Carrick, Alaska
State Legislature, on behalf of Representative Carrick, prime
sponsor, presented the sectional analysis for HB 137 [included
in the committee packet], which read as follows [original
punctuation provided]:
Section 1: States that a permanent fund dividend
distributed to an individual owed child support counts
as a child support payment.
Section 2: Requires the Child Support Services
Division to send the Department of Revenue a list of
residents behind on child support between January 1
and March 31 of each year.
Section 3: Adds rules around applying for the PFD:
-If by March 31 of each year an PFD application has
not been filed by an individual in arrears who the
department believes is eligible for a dividend and is
on the list provided by the Child Support Services
Division, the department will file on their behalf.
-The department shall notify the individual in arrears
as well as the individual owed child support that the
dividend has been filed on behalf of the individual in
arrears. Both individuals are noticed of their ability
to submit evidence of eligibility and that there is no
penalty to not responding to this notice.
-The department shall deduct 7% of the dividend
distributed. The 7% shall be separately accounted for
and deposited into the general fund and may be
appropriated by the legislature for administrative
costs incurred in implementing these changes.
Section 4: States that signatures are required on
applications of PFDs except as provided in Section 5
subsections D, K, M.
Section 5: Provides additional details about filing
and eligibility:
-The application and certification of residency
is not required to be signed under 43.23.005(j)
-The department shall assume that an individual
owing child support who has previously qualified
for a dividend remains eligible for the dividend
unless the individual owing child support
provides proof of ineligibility.
Section 6: Prohibits donations from the PFDs
distributed for child support.
Section 7: Ensures that PFDs claimed for child support
cannot be garnished for other debts.
Sections 8-13: States that certain agencies may not
claim PFDs distributed under these rules.
Section 14: Applies these rules to PFDs for the 2025
qualifying year and beyond.
1:07:51 PM
CHAIR GRAY sought to confirm that a parent who pays their child
support would not be affected.
REPRESENTATIVE CARRICK said that is correct.
CHAIR GRAY pointed out that that there could be a scenario in
which a person misses a child support payment and does not
qualify for the PFD, such as a person who moves out of state.
REPRESENTATIVE CARRICK agreed.
1:08:58 PM
REPRESENTATIVE COSTELLO asked whether the Department of
Revenue's (DOR's) list of individuals in arrears would be kept
confidential.
REPRESENTATIVE CARRICK shared her understanding that the
division already keeps a confidential list of those in arrears
on child support. This bill would not affect that, she added.
1:11:24 PM
REPRESENTATIVE VANCE sought to clarify the intent of the bill.
REPRESENTATIVE CARRICK said the bill addresses an existing
problem where people who owe child support choose not to apply
for a dividend if they know it will be garnished. The bill
would help that person be less in arrears.
REPRESENTATIVE VANCE asked whether there is a mechanism for the
parent who is owed child support to notify the department.
1:13:58 PM
PHUONG ("CHRIS") TRAN, Child Support Enforcement Division,
Department of Revenue (DOR), said Alaska statutes allow the
division to work with the attorney general's office and apply
for a PFD on behalf of the evading individual.
REPRESENTATIVE VANCE questioned the priority order of
garnishment for individuals who are relinquishing this right.
MR. TRAIN shared his belief that child support is highly
prioritized and on par with the Internal Revenue Service (IRS).
It depends on whether the lien makes it to the Permanent Fund
Dividend Division before the IRS.
1:16:38 PM
REPRESENTATIVE UNDERWOOD asked if the state is assuming
responsibility for filling out these applications for the
permanent fund dividend (PFD) garnishment, who would be liable
if the application was filed incorrectly.
1:17:00 PM
GENEIVIEVE WOJTUSIK, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), said currently the department does
not file on behalf of an individual, so this would be a new
process. She said there would need to be a regulation created
to address the liability.
REPRESENTATIVE UNDERWOOD asked who would file the federal taxes
on these dividends.
MS. WOJTUSIK speculated that the 1099 would be sent to the
person in the arrears, as it would be filed under their Social
Security number.
1:18:20 PM
REPRESENTATIVE EISCHEID inquired as to the 7 percent for
administrative costs.
REPRESENTATIVE CARRICK said this language mirrors the companion
bill in the Senate.
CHAIR GRAY asked whether 7 percent is deducted for the Pick
Click Give program.
MS. WOJTUSIK confirmed that this language is already in statute
for those distribution funds.
1:19:35 PM
CHAIR GRAY asked how many people owe child support and refuse to
file for a PFD out of spite.
REPRESENTATIVE CARRICK said it's hard to quantify. Anecdotally,
it's a common problem that ex-spouses and ex-partners are
experiencing, and it is done out of spite.
1:22:27 PM
REPRESENTATIVE KOPP asked how the bill would impact the
Restorative Justice Fund and which would take primacy for
garnishment.
MS. WOJTUSIK stated that there would not be a "double dip," as
each Alaskan receives only one PFD. She did not know which
would take priority.
1:26:23 PM
REPRESENTATIVE MINA asked on average, how much of people's PFDs
are being garnished for child support.
MS. WOJTUSIK responded it varies per person.
1:27:03 PM
REPRESENTATIVE VANCE asked whether there is precedence in
statute for garnishing the dividend.
MR. TRAIN did not know the answer.
REPRESENTATIVE VANCE asked why there are such limited hours for
the public to contact the division for support.
MR. TRAIN offered to follow up with the requested information.
CHAIR GRAY said it sounds like there needs to be extended hours
for public to contact the division.
1:31:26 PM
LYNDSAY KOTALIK, representing self, shared her personal story as
an effected constituent who is owed over $100,000 in child
support. She said the [Child Support Enforcement Division] has
taken every step on her behalf, but they cannot make the father
of her child apply for the dividend and are out of tools.
Furthermore, she said her ex-husband greatly regrets the
stubbornness, impulsiveness, and spite he showed in his 20s, and
now, at age 43, its possible that his Social Security could be
garnished. She said even one dividend payment would have helped
and discussed the impact of compounding interest. She explained
that he hasn't opened a bank account or filed a tax return in 16
years because he knows they would be garnished. She concluded
that the bill is common sense and would benefit both custodial
and noncustodial parents.
1:38:00 PM
REPRESENTATIVE VANCE said she finds it offensive that people may
be living off state services and not paying child support. She
asked whether her ex-husband is eligible for state services.
MS. KOTALIK said he was eligible for emergency housing and
rental assistance during the COVID-19 pandemic.
REPRESENTATIVE VANCE expressed a strong interest in hearing from
the Department of Health (DOH) on how many people in arrears are
receiving state services.
1:40:43 PM
REPRESENTATIVE UNDERWOOD asked whether he had been charged of
criminal nonpayment and asked why these people are not being
prosecuted.
MS. KOTALIK relayed that in 2012, she considered prosecuting him
for criminal negligence but without documented income, he was
never criminally charged.
1:42:01 PM
LAURA NORTON-CRUZ, representing self, informed the committee
that as a public health professional, she could speak to the
high prevalence of financial abuse as a tactic of intimate
partner violence. Instead, she shared her personal story as a
single mom who is owed nearly $17,000 in child support from her
ex-husband. She opined that the PFD gives Alaska a unique
opportunity to do this for children and custodial parents.
CHAIR GRAY announced that HB 137 was held over.
HB 118-COUNCIL ON HUMAN AND SEX TRAFFICKING
1:47:23 PM
CHAIR GRAY announced that the final order of business would be
HOUSE BILL NO. 118, "An Act establishing the Council on Human
and Sex Trafficking; and providing for an effective date."
1:47:38 PM
CHAIR GRAY moved to adopt Amendment 1 to HB 118, labeled 34-
LS0316\I.1, C. Radford, 3/24/25, which read:
Page 3, line 2:
Delete "15"
Insert "16"
Page 3, line 4:
Delete "seven"
Insert "eight"
Page 3, line 15:
Delete "and"
Page 3, line 17, following "homeless;":
Insert "and
(G) one member who is a leader of a labor
or trade organization;"
Page 4, line 13:
Delete "Seven"
Insert "Eight"
REPRESENTATIVE VANCE objected. She asked why a union member
would warrant a seat at the table and what unions are doing to
stop trafficking.
1:48:48 PM
CHAIR GRAY explained that Amendment 1 would add the leader of a
labor or trade organization to the council's membership to offer
additional representation for labor trafficking. He reasoned
that labor leaders work directly with individuals in the field
and are passionate about ensuring fair wages.
1:51:08 PM
REPRESENTATIVE EISCHEID asked whether a "trade organizations"
would have to be a union.
CHAIR GRAY responded no.
1:51:45 PM
REPRESENTATIVE KOPP pointed out that Alaska has many strong
trade organizations that are nonunion. He opined that the
amendment makes sense because leaders of these organizations are
more likely to care about labor trafficking and highly
incentivized to report it.
REPRESENTATIVE VANCE referenced the Businesses Against
Trafficking (BAT) program and encouraged businesses seeking
education and prevention strategies to contact her office. She
removed her objection. There being no further objection,
Amendment 1 was adopted.
1:54:26 PM
REPRESENTATIVE MINA moved to adopt Amendment 2 to HB 118,
labeled 34-LS0316\I.2, C. Radford, 3/27/25, which read:
Page 3, line 2:
Delete "15"
Insert "16"
Page 3, line 4:
Delete "seven"
Insert "eight"
Page 3, line 15:
Delete "and"
Page 3, line 17, following "homeless;":
Insert "and
(G) one member who is a survivor of human
or sex trafficking;"
Page 4, line 13:
Delete "Seven"
Insert "Eight"
CHAIR GRAY objected for purposes of discussion.
1:54:31 PM
REPRESENTATIVE MINA explained that Amendment 2 would add a
public member to the council who is a survivor of human or sex
trafficking.
1:55:25 PM
REPRESENTATIVE VANCE said some of the concerns raised by leaders
on the council is that creating a seat specific to survivors
could be vulnerable, as they must represent that role publicly.
With Alaska being a small state, she pointed out that
traffickers could seek retaliation. She said she agrees with
the intent to have survivor representation; however, the "how"
is important to continue to provide for their public safety.
REPRESENTATIVE MINA said the intention of Amendment 2 is to
ensure that policies are driven by those most impacted, and that
stakeholders have the ability to vote, not just hold an advisory
role. She acknowledged the vulnerability that would be required
of this member and questioned whether the position could be kept
anonymous. She reported that other states with similar
councils, such as Washington and Oregon, have positions that are
designated for those with lived experience.
CHAIR GRAY pointed out that many [people with lived experience]
already serve in these rolls as an advocate, not a victim. He
recalled the committee's prior debate on this topic, which
revolved around eligibility for this seat and how one might
determine whose lived experience is more qualified than
another's.
2:01:49 PM
REPRESENTATIVE UNDERWOOD suggested that reclassifying the title
of the position could be helpful.
REPRESENTATIVE MINA suggested reworking the language on lines
14-15 of Amendment 2 to be more reflective of someone with
"lived experience" rather than a "survivor."
2:04:16 PM
CHAIR GRAY removed his objection to Amendment 2.
REPRESENTATIVE VANCE objected for purposes of discussion. She
asked whether Representative Mina would be amenable to adding
intent language to specify that preference would be given to
seat members with lived experience.
REPRESENTATIVE MINA asked whether that the intent language would
pertain to the new position or the 7 existing members.
REPRESENTATIVE VANCE said she's open either, as long as it's not
overly prescriptive.
2:07:43 PM
CHAIR GRAY spoke in favor of Representative Vance's suggestion,
because some people may not be comfortable with being defined
solely as "the survivor."
REPRESENTATIVE VANCE suggested that the intent language should
say, "to the extent practicable, public members [will] be
survivors with lived experience in human and sex trafficking."
2:08:51 PM
REPRESENTATIVE COSTELLO spoke to her prior experience serving as
the deputy commissioner of the governor's boards and commissions
office. From that perspective, trying to prioritize someone
with lived experience would be uncomfortable for the bureaucrat
with over 250 boards to consider, she said. She suggested
implementing self-selection for the public member on the board,
which would also help achieve an odd number of seats. She
suggested striking "who is a survivor of human or sex
trafficking" on line 1 of Amendment 2 and replacing it with "of
the public".
REPRESENTATIVE MINA said she appreciated that perspective;
however, she wanted to ensure that the language is consistent
with public membership on other boards and commissions.
2:12:51 PM
The committee took an at-ease from 2:12 p.m. to 2:17 p.m.
2:17:04 PM
REPRESENTATIVE COSTELLO moved Conceptual Amendment 1 to
Amendment 2, to remove "who is a survivor of human or sex
trafficking" on line 14 and replace it with "of the public;".
There being no objection, Conceptual Amendment 1 to Amendment 2
was adopted.
REPRESENTATIVE VANCE removed her objection to the adoption of
Amendment 2. There being no further objection, Amendment 2, as
amended, was adopted.
2:18:43 PM
REPRESENTATIVE VANCE made closing remarks and expressed
appreciation for the emphasis on labor trafficking. She
expressed her hope that labor trafficking could be curbed by
encouraging engagement from businesses.
2:20:19 PM
REPRESENTATIVE MINA asked whether the bill addresses conflicts
of interest related to grants that pass through the council.
2:21:14 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, prime sponsor,
referred to page 4, lines 3-5 of HB 118, which states that a
person may not be appointed as a public member of the council if
they receive compensation through the grant programs.
REPRESENTATIVE MINA asked whether a council member could vote on
a federal grant that may benefit their organization.
MR. BALLINGER shared his understanding that the money would
still pass through the Council on Domestic Violence and Sexual
Assault (CDVSA) and the state. He reiterated that a person
would not be able to serve on the council if the organization
they are a paid employee of is a grant recipient.
CHAIR GRAY added that by his reading, the bill would not prevent
a volunteer or board member of the organization from serving on
the council.
2:30:47 PM
CHAIR GRAY, in response to a comment from Representative Mina,
suggested that there may be language to recuse oneself from a
vote if there is a conflict of interest. In a state with only
760,000 people and not many organizations that engage in this
kind of work, any kind of exclusion would eliminate subject
matter experts.
REPRESENTATIVE COSTELLO noted that AS 39.52 deals with conflicts
of interest.
2:32:14 PM
REPRESENTATIVE MINA asked the bill sponsor to respond to the
letter of opposition and the opinion piece in Alaska Beacon
REPRESENTATIVE VANCE said she had not seen the opinion piece,
but shared her understanding that the opposition reflects a
desire to ensure that members would not be serving out of self-
interest. She assured the public that council members would be
working with the same accountability as every other board and
commission and operating under the transparency of the Executive
Ethics Act. She said the bill would provide a transparent
meeting process that would allow public engagement and hopefully
alleviate some concerns. She asserted that some people oppose
all of her work human trafficking for a variety of reasons, one
of which is the desire to legalize prostitution in Alaska.
REPRESENTATIVE MINA asked whether the frequency of meetings is
prescribed for the governor's council.
REPRESENTATIVE VANCE shared her belief that frequency is not
prescribed for the current council.
2:36:00 PM
REPRESENTATIVE EISCHEID inquired about the number of meetings
held by the governor's council.
MR. BALLINGER said that information had been provided to the
committee.
2:36:46 PM
The committee took a brief at-ease 2:36 p.m.
2:37:23 PM
CHAIR GRAY reported that the council met once last year [in
2024].
MR. BALLINGER agreed that the main committee met once, but there
were multiple subcommittee meetings.
2:38:01 PM
REPRESENTATIVE UNDERWOOD expressed her desire to see trafficking
eradicated from Alaska and reiterated her support for the
legislation.
2:38:58 PM
REPRESENTATIVE UNDERWOOD moved to report HB 118, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes, and to authorize Legislative Legal
Services to make any necessary technical or conforming changes.
There being no objection, CSHB 118(JUD) was reported from the
House Judiciary Standing Committee.
2:40:26 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:40 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 137 Sponsor Statement Version A.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 137 |
| HB 137 Sectional Analysis Version A.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 137 |
| HB 118 Amendment 1.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 118 |
| HB 118 Mike Coons Email.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 118 |
| HB 118 Letter of Opposition 1.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 118 |
| HB 118 Amendment 2.pdf |
HJUD 3/28/2025 1:00:00 PM |
HB 118 |