Legislature(2019 - 2020)GRUENBERG 120
04/18/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB110 | |
| HB115 | |
| HB20 | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 110 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| += | HB 20 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 18, 2019
3:08 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Andi Story
Representative Adam Wool
MEMBERS ABSENT
Representative Gabrielle LeDoux
Representative Sarah Vance
Representative Laddie Shaw
COMMITTEE CALENDAR
HOUSE BILL NO. 110
"An Act relating to the transfer of a title to a boat on the
death of the owner; relating to the transfer of a title to a
vehicle, including certain manufactured homes and trailers, on
the death of the owner; allowing a person to act for the
surviving spouse of a decedent to enforce liability against real
property transferred at death; and providing for an effective
date."
- HEARD & HELD
HOUSE BILL NO. 115
"An Act relating to absentee voting; and providing for an
effective date."
- MOVED HB 115 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20
"An Act relating to sexual assault; relating to the definitions
of 'without consent' and 'consent'; relating to failure to
report a violent crime; relating to sexual misconduct under the
code of military justice; requiring law enforcement agencies to
test sexual assault examination kits; requiring notification of
completion of testing; relating to reports on untested sexual
assault examination kits; and providing for an effective date."
- MOVED CSSSHB 20(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 110
SHORT TITLE: VEHICLES/BOATS: TRANSFER ON DEATH TITLE
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ
03/25/19 (H) READ THE FIRST TIME - REFERRALS
03/25/19 (H) STA, JUD
04/11/19 (H) STA AT 3:00 PM GRUENBERG 120
04/11/19 (H) Scheduled but Not Heard
04/18/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 115
SHORT TITLE: ABSENTEE VOTING
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/27/19 (H) READ THE FIRST TIME - REFERRALS
03/27/19 (H) STA, JUD
04/02/19 (H) STA AT 4:00 PM GRUENBERG 120
04/02/19 (H) Scheduled but Not Heard
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
04/04/19 (H) Heard & Held
04/04/19 (H) MINUTE(STA)
04/09/19 (H) STA AT 3:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/18/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 20
SHORT TITLE: SEXUAL ASSAULT EXAMINATION KITS
SPONSOR(s): REPRESENTATIVE(s) TARR
02/20/19 (H) PREFILE RELEASED 1/7/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, FIN
03/11/19 (H) SPONSOR SUBSTITUTE INTRODUCED
03/11/19 (H) READ THE FIRST TIME - REFERRALS
03/11/19 (H) STA, FIN
03/12/19 (H) STA AT 3:00 PM GRUENBERG 120
03/12/19 (H) Heard & Held
03/12/19 (H) MINUTE(STA)
03/14/19 (H) STA AT 3:00 PM GRUENBERG 120
03/14/19 (H) <Bill Hearing Canceled>
03/21/19 (H) STA AT 3:00 PM GRUENBERG 120
03/21/19 (H) Heard & Held
03/21/19 (H) MINUTE(STA)
04/09/19 (H) STA AT 3:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/18/19 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
MEGAN HOLLAND, Staff
Representative Ivy Spohnholz
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
110 on behalf of Representative Spohnholz, prime sponsor.
REPRESENTATIVE IVY SPOHNHOLZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 110.
MARLA THOMPSON, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
110.
MICHAEL MASON, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on HB 115 on behalf of
Representative Tuck, prime sponsor.
EVAN ANDERSON, Civic Engagement Manager
Alaska Center Education Fund (ACEF)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 115.
VERI DI SUVERO, Executive Director
Alaska Public Interest Research Group (AKPIRG)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 115.
GAIL FENUMIAI, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Offered information during the hearing on
HB 115.
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, explained Amendment 1 to
Version G of SSHB 20 and answered questions.
KATIE BOTZ
Juneau, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
KARISA CALLAHAN
Pasadena, California
POSITION STATEMENT: Testified in support of SSHB 20.
CARMEN LOWRY, Executive Director
Alaska Network on Domestic Violence and Sexual Assault (ANDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
CARLY WELLS
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
LEIGH BOLIN, President
National Association of Social Workers (NASW) - AK Chapter;
Manager
Child Advocacy Center of Bristol Bay
Dillingham, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
KEELEY OLSON, Executive Director
Standing Together Against Rape (STAR)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
ANGILIA TRUJILLO
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
PATTY OWEN, Director
Alaska Public Health Association (APHA)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SSHB 20.
DIANE CASTRO, Executive Director
Council on Domestic Violence and Sexual Assault (CDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing of SSHB 20.
ACTION NARRATIVE
3:08:32 PM
CO-CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:08 p.m.
Representatives Wool, Story, Fields, and Kriess-Tomkins were
present at the call to order.
HB 110-VEHICLES/BOATS: TRANSFER ON DEATH TITLE
3:09:43 PM
CO-CHAIR KREISS-TOMKINS announced that the first order of
business would be HOUSE BILL NO. 110, "An Act relating to the
transfer of a title to a boat on the death of the owner;
relating to the transfer of a title to a vehicle, including
certain manufactured homes and trailers, on the death of the
owner; allowing a person to act for the surviving spouse of a
decedent to enforce liability against real property transferred
at death; and providing for an effective date."
3:09:57 PM
MEGAN HOLLAND, Staff, Representative Ivy Spohnholz, Alaska State
Legislature, made opening remarks on behalf of Representative
Spohnholz, prime sponsor of HB 110. She mentioned a PowerPoint
Presentation and indicated the bill sponsor's imminent arrival.
3:11:23 PM
REPRESENTATIVE IVY SPOHNHOLZ, Alaska State Legislature, as prime
sponsor, introduced HB 110. She paraphrased the sponsor
statement, which read as follows [original punctuation provided,
with some formatting changes]:
Sponsor Statement
House Bill 110
Nonprobate Vehicle Transfer Upon Death
"An Act relating to the transfer of the title to a
vehicle, including certain manufactured homes and
trailers, on the death of the owner; allowing a person
to act for the surviving spouse of a decedent to make
a demand of the personal representative of the
decedent's estate related to enforcing a liability
against real property or an interest in real property
transferred at death by a transfer on death deed; and
providing for an effective date."
The process of probate in the state of Alaska can take
anywhere from six months to several years , and can
cost family members and beneficiaries thousands,
potentially tens of thousands of dollars in legal and
2
filing fees. While the State Legislature has already
taken great strides to reduce the costs of probate,
there is still much room for improvement.
House Bill 110 continues in spirit with the Uniform
Real Property Transfer on Death Act (URPTDA), which
unanimously passed both the House and Senate in 2014.
URPTDA created the Transfer on Death (TOD) deed, which
allows for nonprobate transfers of real property. TOD
deeds allow Alaskans to select a beneficiary who will
receive the property at their passing, and removes
that property from the process of probate.
In 2016, the late Representative Max Gruenberg
introduced legislation similar to HB 110 that created
a mechanism for nonprobate transfers of vehicles. HB
110 is nearly identical, although it expands the
concept to apply both to vehicles and boats that are
issued titles through the state. Currently, 11 other
states have TOD titles for vehicles, and several have
TOD titles for boats.
HB 110 continues the ongoing effort to reduce the
costs of probate for Alaskans and creates a
streamlined service through the DMV through which they
can designate beneficiaries for both cars and boats
through a simple form. The TOD titles will be
available for all boats and vehicles for which the DMV
provides titles, which also includes some mobile
manufactured homes under AS 45.29.102(66). The program
will be self-sustaining through fees.
At no cost to the state, HB 110 will allow countless
Alaskans to pass down boats, vehicles, and some
manufactured homes to beneficiaries with more ease,
and will help simplify and streamline the potentially
complicated, costly, and painful process of probate
following the death of a loved one.
1. Alaska Court System Self-Help Services: Probate.
http://www.courts.alaska.gov/shc/probate/probate-
steps.htm
2. "How Much is that Probate in the Window?" The
Senior Voice:
https://www.seniorvoicealaska.com/story/2018/11/01/
finance-and-legal/how-much-is-that-probate-in-the-
window/1839.html
REPRESENTATIVE SPOHNHOLZ noted that AARP, the Alaska Automobile
Dealers Association, and the Alaska Commission on Aging support
HB 110. Further, she related that she had received no formal
opposition to the proposed legislation, nor had there been any
opposition to Representative Gruenberg's proposed legislation in
2016.
3:14:01 PM
CO-CHAIR KREISS-TOMKINS asked if HB 110 would apply also to
trailers.
MS. HOLLAND answered that it would apply to vehicles titled
through the [Division] of Motor Vehicles (DMV).
CO-CHAIR KREISS-TOMKINS clarified that he meant that which is
trailed behind a car, such as a boat trailer or "other kinds of
wheeled trailers."
MS. HOLLAND speculated that only that which is titled would be
covered under HB 110.
REPRESENTATIVE WOOL proffered that some trailers do have license
plates and, thus, are [titled]. He deferred to Marla Thompson,
the director of the DMV for confirmation.
3:15:14 PM
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), stated, "Anything that has a
title would qualify under this bill, and that would include any
type of trailer or a mobile home."
3:15:44 PM
REPRESENTATIVE WOOL observed that HB 110 would add titled boats
and trailers to the list of those things that can be transferred
on death of the owner.
MS. HOLLAND responded that currently there is no mechanism for
transfer on death for cars. She said HB 110 would create "the
transfer on death title for cars and boats." She said there are
things that currently can be "transferred on death outside of
probate in the state of Alaska," including deeds, bank accounts,
and brokerage accounts.
3:17:07 PM
REPRESENTATIVE STORY noted that the fiscal note lists $60,000
for a software system, and she asked Ms. Holland if she thinks
that is all that would be required.
MS. HOLLAND said she had spoken with Ms. Thompson about the
fiscal note, because the original legislation of 2016 had a zero
fiscal note. She explained that since 2016, the DMV has
overhauled its software, and software engineers would be
necessary to create the new forms - the two new types of titles
that would be needed under HB 110. She explained that once the
division creates the forms and necessary software, "it will be
self-sustaining through fees." In response to a follow-up
question, she offered her understanding that the Department of
Administration cannot absorb the cost; therefore, it needs the
$60,000.
3:19:05 PM
CO-CHAIR KREISS-TOMKINS asked whether the proposed change to
statute was recommended by the Uniform Law Commission.
MS. HOLLAND answered no. She stated that the Uniform Real
Property Transfer and Death Act of 2009 (URPTDA), endorsed by
the commission, created a transfer on death deed, but did not
include boats and vehicles. She noted that 11 states have
implemented transfer on death titles for vehicles, while 7
states have done so for boats. She said the commission has not
put "its stamp of approval on it," but [HB 110] is "following in
that spirit of finding ... more assets - more forms of personal
property - that we can transfer outside of the process of
probate in order to ... pass along more of that value to our
beneficiaries."
CO-CHAIR KREISS-TOMKINS asked Ms. Holland whether it would be
fair to summarize that Alaska has a lot of boats, thus the
sponsor thinks it would be helpful to add them to the list of
assets.
MS. HOLLAND answered, "I believe so."
CO-CHAIR KREISS-TOMKINS recalled prior legislation regarding the
titling of boats. He referred to the aforementioned PowerPoint
[not presented], and a slide that includes the sectional
analysis, which notes that boats in Alaska are exempt from the
title requirement under AS 05.25.055 if they are less than 24
feet. He asked the significance of that notation in the
sectional analysis.
MS. HOLLAND explained she had wanted to show committee members
which boats are required to be issued titles through the DMV.
She surmised that "your average Joe's" boat is going to be less
than 24 feet in length, and the intent of HB 110 is to "allow
people to transfer those boats along." That said, she noted
that there is a provision under Title V, which allows
individuals with boats under 24 feet in length to apply for a
title, if they wish to do so, which would allow them to take
advantage of a transfer on death title.
3:22:31 PM
REPRESENTATIVE STORY asked how the public would know about the
option to title boats under 24 feet in length.
MS. HOLLAND responded that she does not know, and she suggested
the question could be asked of Ms. Thompson.
3:23:06 PM
MS. THOMPSON provided that the titling of the boat is a new
process that the DMV initiated in January 2019, wherein boats of
25 feet or more are required [to register for] a title "if
they're not documented somewhere else." She confirmed that
"anybody can go ahead and title a boat." She said the division
just refreshed its website information regarding titling, and it
would add a separate section informing anyone visiting the
website of the option to [title a boat 24 feet or less in
length].
3:23:57 PM
REPRESENTATIVE WOOL asked if "a bunch of numbers on the bow of a
boat" indicates that the boat is titled.
MS. THOMPSON answered no. She speculated that Representative
Wool may be referring to a U.S. Coast Guard documented number.
She said boat titles look similar to vehicle titles, and they
include a number, but that number is not on the boat.
REPRESENTATIVE WOOL concluded that a boat would not have a
license plate as would trailers or motorcycles.
MS. THOMPSON confirmed that is correct.
3:25:08 PM
CO-CHAIR KREISS-TOMKINS announced that the deadline for
amendments for HB 110 to be submitted would be Monday, 4/22/19,
at 5 p.m.
3:25:25 PM
REPRESENTATIVE STORY returned to the issue of the $60,000 listed
on the fiscal note. She referred to the second sentence [of the
second paragraph of the fiscal analysis], which read: "This
estimate is based on prior reconfiguration for similar changes
and assumes 600 programming hours at a cost of $100 per hour."
She asked, "And that is in-kind, since that's not listed here?"
3:26:10 PM
MS. THOMPSON explained that the fiscal note reflects programming
time for Information Technology (IT) staff or contractors needed
to complete the necessary work. She said, "This is very similar
to the amount of work that was required to create a title. This
is a different type of title for vehicles and for boats, and so
there is work to be done." She echoed Ms. Holland's statement
that the DMV had recently converted from an older system. She
said the fiscal note for HB 110 has no training hours included
that are not related to IT work.
CO-CHAIR KREISS-TOMKINS noted that within the PowerPoint is
mention of a small fee for a transfer on death title, and he
asked how much that would be.
MS. HOLLAND said that fee would be determined by the DMV.
CO-CHAIR KREISS-TOMKINS asked Ms. Thompson, "Given that there
would be a fee, presumably determined by regulation, why does
the fiscal note not reflect any revenue in future years?"
MS. THOMPSON answered the DMV currently charges $15 for a title
fee, and since there was no mention of a different fee, she did
not "add anything different." The fee would be $15. In
response to a request for clarification, she said the current
title fee is $15, and that amount is the same for all types of
vehicles, "A, B, or C."
[HB 110 was held over.]
HB 115-ABSENTEE VOTING
3:29:48 PM
CO-CHAIR KREISS-TOMKINS announced that the next order of
business would be HOUSE BILL NO. 115, "An Act relating to
absentee voting; and providing for an effective date."
3:30:23 PM
MICHAEL MASON, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor,
informed the committee that earlier that day he had presented HB
115 to the Alaska Commission on Aging, and following that
presentation, the commission informed him that it would endorse
the bill, which would put in place a permanent absentee voting
system in Alaska.
3:31:28 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on HB 115.
3:31:36 PM
EVAN ANDERSON, Civic Engagement Manager, Alaska Center Education
Fund (ACEF), stated that ACEF believes democracy in Alaska is
strongest when there is full participation across the
electorate. He said permanent absentee voting would be "a major
win" for students, "people of varying abilities," and the
elderly. He surmised that the chances someone will vote again
are higher if his/her [absentee] ballot is delivered
automatically. He mentioned there are 11 other states that do
this, and he remarked that Alaskans "stand on the shoulders" of
its civil rights heroes, such as Elizabeth Peratrovich. He
concluded by stating his support for HB 115.
3:33:46 PM
VERI DI SUVERO, Executive Director, Alaska Public Interest
Research Group (AKPIRG), related that AKPIRG protects consumers
and ensures the best possible governance in Alaska. She said
AKPIRG supports permanent absentee voting, "because every
American has the fundamental right to vote and have that vote
counted." She talked about the ability to do most things via
computer or smart phone; therefore, she reasoned that there is
"no reason that signing up to receive a ballot shouldn't be easy
and accurate and accessible." She opined that permanent
absentee voting would ensure that Alaska's electorate receives
the best process for voting possible. She said there are eight
states, as well as Washington, D.C., that maintain a permanent
absentee ballot list. She expressed support of HB 115.
CO-CHAIR KREISS-TOMKINS, after ascertaining that there was no
one else who wished to testify, closed public testimony on HB
115.
3:35:56 PM
REPRESENTATIVE STORY expressed appreciation for the information
from Barbara Jones, Municipal Clerk, Municipality of Anchorage,
about ensuring that a voter does not vote absentee and then show
up at the polls to vote again. She questioned whether this
[method] was in place in other parts of the state.
3:36:59 PM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, stated that since Anchorage [uses] "an all
by-mail system," its security measures are different. She said,
"The State of Alaska would still need to be producing precinct
registers, and those precinct registers would be marked ...
'applied for by-mail ballot' or 'applied for absentee ballot'."
She added, "If someone was to show up and vote at the polls, and
insist on voting, we would require them to vote a question
ballot; that would be the division's policy to ensure that if
they already voted a by-mail ballot and sent it in, ... there
would not be duplicate voting going on."
3:38:08 PM
REPRESENTATIVE WOOL asked for clarification as to how that would
work.
MS. FENUMIAI explained that in order to ensure duplicate voting
doesn't occur, notation needs to be made in the precinct
register showing when people have voted by mail or voted early.
With that notation made, the polling place worker would then
tell the voter who comes to the precinct voting location that
he/she must use a question ballot. All ballots that come back
to the regional offices are logged, reviewed, and entered into
the voter registration system; therefore, there is a method to
determine whether a by-mail ballot was received before the
question ballot.
REPRESENTATIVE WOOL asked how the division knows a mailed ballot
is from a particular voter.
MS. FENUMIAI answered that three identifying items must be on
the back of the by-mail envelope in order for the by-mail ballot
to be counted: a witness, a voter "indentifier," and the
voter's signature.
3:41:15 PM
REPRESENTATIVE STORY said it was interesting to learn that the
State of Colorado received 60 percent return rates in [by-mail]
voting. She observed that information she read showed that
Alaska's rate was 18 percent.
REPRESENTATIVE WOOL said while he personally does not want a
future where voting by mail is the only option, he supports
getting more people to vote.
3:42:14 PM
CO-CHAIR KREISS-TOMKINS opined that HB 115 is "great," as well
as "simple" and "straightforward." He explained that he would
put aside HB 115 and bring it back at the end of the meeting
when a quorum was present to vote on moving HB 115 out of
committee.
HB 20-SEXUAL ASSAULT EXAMINATION KITS
3:42:32 PM
CO-CHAIR KREISS-TOMKINS announced that the next order of
business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20, "An
Act relating to sexual assault; relating to the definitions of
'without consent' and 'consent'; relating to failure to report a
violent crime; relating to sexual misconduct under the code of
military justice; requiring law enforcement agencies to test
sexual assault examination kits; requiring notification of
completion of testing; relating to reports on untested sexual
assault examination kits; and providing for an effective date."
[Before the committee, adopted as a working document on 3/21/19,
was committee substitute (CS) for SSHB 20, Version 31-LS0253\G,
Radford, 3/21/19.]
3:43:08 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, noted that
everyone appeared to be on board with the sections of the bill
related to rape kits, including the year timeline, sending kits
within 30 days, victim notification, and updating of the audit
report. She indicated other issues had been added relating to
sexual assault in the second degree and the definition of
consent - both of which "needed more work." Representative Tarr
said because the definition of "without consent" involves the
use of force, in the case of an incapacitated person, when
jurors do not see evidence of force, they "often don't perceive
it as sexual assault." She indicated that an amendment was
available that would "make it more clear in those circumstances"
and avoid loopholes. She said in a prior meeting there was a
discussion about the varying standards regarding "mental state."
She said, "The default 'mental state' is reckless disregard."
She mentioned "the reasonable person standard." The
aforementioned amendment would clean up that language for
clarification. In response to Co-Chair Kreiss Tomkins, she
mentioned SB 35, heard in the Senate Judiciary Standing
Committee, where "this conversation was happening there, too."
She indicated that the language of the amendment had been vetted
with advocates, as well as with the Department of Law (DOL).
She emphasized the importance of clarity of language for the
purpose of evaluating the law.
3:48:07 PM
REPRESENTATIVE WOOL asked whether "incapacitated" and "mentally
incapable" are considered temporary or permanent states.
REPRESENTATIVE TARR answered it could be both.
REPRESENTATIVE WOOL asked whether incapacitation was considered
just on the part of the victim or when both the victim and [the
person who assaults him/her] may be incapacitated.
REPRESENTATIVE TARR suggested, "It depends on who the defendant
is in that particular case." She indicated that human behavior
"on both sides" could be a challenge.
3:50:26 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on SSHB 20,
Version G.
3:50:44 PM
KATIE BOTZ testified in support of SSHB 20. She asked the
committee not to bog down the bill but to keep it strong. [Due
to technical difficulty, part of Ms. Botz' testimony was
indiscernible.] She questioned, "How much more does the victim
needs to be revictimized?" She asked the committee to show
victims that they have value as human beings.
3:52:50 PM
KARISA CALLAHAN said she is originally from Montana, and she
indicated that is an area that ranks high in the number of
sexual assaults; she is an assault survivor. She stated it is
important in recovery to have the support of community. She
said in the absence of rape test kits, sometimes justice is not
possible. She expressed her emotional response to this subject
and urged the committee to support HB 20, to bring healing to
the community.
3:54:08 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), said ANDVSA comprises 24
community-based organizations providing services to victims and
their families. She said ANDVSA supports SSHB 20. She
expressed appreciation for Representative Tarr's survivor-
centered approach to addressing sexual assault kit processes and
backlogged kits. She said, "This bill represents very solid,
trauma-informed processes." She said the specification of a
timeline when victims will hear back regarding the kits is
critical. She said giving reasons for untested kits is
important, because "every kit represents a victim." She
encouraged the committee's "favorable consideration" of SSHB 20.
3:57:18 PM
CARLY WELLS testified that she works with sexual assault victims
in Alaska. She emphasized that passing SSHB 20 was "powerful
and necessary." She reviewed that Alaska is the highest in the
nation for sexual assault. She stated, "We're in the middle of
an epidemic." She said the healing journey of victims is a long
and difficult one, and the proposed legislation would "give some
level of dignity back to them" by providing a timeline as to
when kits will be tested. Another consideration, she relayed,
is that a shorter timeline will prevent victims from getting a
call four or five years in the future that can "seriously derail
them in their journey." She indicated that the cost of testing
the kits is not great, and doing so shows the state cares about
these victims and getting answers for them in a reasonable
amount of time to give them back their dignity. She concluded,
"As someone who hears their stories day in and day out, I can
tell you this bill is not just necessary but is incredibly
needed in our state."
3:58:46 PM
LEIGH BOLIN, President, National Association of Social Workers
(NASW) - AK Chapter; Manager, Child Advocacy Center of Bristol
Bay, thanked the bill sponsor for her leadership in addressing
sexual assault processes with a trauma-informed approach. She
said she appreciates the timeframe specified under SSHB 20. She
specified the following language in Section 11, which read:
* Sec. 11. AS 44.41.070 is amended by adding a new
subsection to read:
(e) A sexual assault examination kit is
ineligible for testing if the law enforcement agency
or state department finds that the sexual assault
examination kit
(1) was collected improperly;
(2) is not necessary to identify
the perpetrator of the crime; or
(3) was collected from a person
who does not wish to proceed with criminal charges.
MS. BOLIN offered her understanding that children "are not
allowed to do anonymous kits or say they don't want to proceed";
therefore, she said it is important to specify that in the bill
language.
4:00:24 PM
KEELEY OLSON, Executive Director, Standing Together Against Rape
(STAR), testified in support of SSHB 20. She thanked the
committee for its support of the proposed legislation.
Regarding language referencing mental state, she said, "Removing
that does make everything clearer; it changes to a default of
acting recklessly or with reckless disregard." She said this is
important, because it would make it more difficult for an
offender to claim that he/she did not know that the victim was
incapacitated. It would give more tools to the prosecution and
to a sitting jury to evaluate the evidence and decide whether
the perpetrator should have known - which is not the current
standard.
4:02:16 PM
ANGILIA TRUJILLO said she is a forensic examiner, who is
testifying on her own behalf. She said she agrees with the
previous testifier's remarks about specifying in the bill
language that minors do not have the option to have their rape
kits remain anonymous. She said she concurs with the issue
regarding the mental state and incapacitation, and she believes
the bill will "strengthen the ability of the trier of facts to
come to a more judicial accounting for the (indisc.) to come
forward." She said as a prior examiner, she has seen cases that
could not go forward, which put victims in "a state of not
knowing where they're going to go" and finding themselves having
to revisit the trauma 12 to 15 years later. She said she hopes
SSHB 20 will pass.
4:04:09 PM
PATTY OWEN, Director, Alaska Public Health Association (APHA),
stated that domestic violence and sexual assault are primary
issues in Alaska that are the focus of APHA. She stated that
APHA supports SSHB 20 and thanks Representative Tarr for her
leadership. She related that APHA responds to this public
health challenge and supports the efforts, policies, and
programming embraced by the following: the Council on Domestic
Violence and Sexual Assault (CDVSA); ANDVSA; and the Alaska
Native Women's Resource Center. She stated that APHA believes
that under SSHB 20, the backlog of sexual assault kits will be
addressed, and kits will be processed in a timely manner. She
said, "We agree with the changes that have been outlined."
4:06:36 PM
DIANE CASTRO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), testified that CDVSA supports the
concept of SSHB 20. She explained that CDVSA comprises the
Department of Corrections (DOC), the Department of Public Safety
(DPS), the Department of Education & Early Development (DEED),
the Department of Health and Social Services (DHSS), the
Department of Law (DOL), and four public members who meet only
quarterly; therefore, it is difficult to come out in full
support of legislation, because there are amendments that could
occur. Notwithstanding that, she said CDVSA met in March [2019]
and agrees that revising the language of SSHB 20, as the
previously discussed amendment would do, would be "a good step
forward." She said CDVSA believes that strengthening the
consistency and timing of testing will increase the number of
victims who come forward to report, because they would be surer
that something would be done. She talked about working toward
the reduction and eventual elimination of domestic violence and
assault, and she said SSHB 20 "takes us one step forward in that
direction."
4:09:21 PM
REPRESENTATIVE WOOL stated support for SSHB 20, [Version G].
3:09:40 PM
REPRESENTATIVE STORY mentioned "Section 4" and referred to
language in [the sectional analysis] regarding "reasonable
effort" being made to notify the victim that testing has
occurred. She inquired as to the definition of "reasonable
effort."
4:10:20 PM
REPRESENTATIVE TARR said the choice of the word "reasonable" was
to allow flexibility for the types of communication available to
law enforcement around the state.
REPRESENTATIVE STORY recollected that one of the previous
testifiers had expressed a hope that the communication could
happen sooner than one year. She offered her understanding that
it would cost approximately $600,000 to "speed up the time."
REPRESENTATIVE TARR answered yes, but explained that amount also
covered funding for the database. She said the first priority
would be to use any funds available to shorten the timeline.
She indicated that the portion of the $600,000 allotted to the
timeline would be $440,000. She said it would be up to the
finance committees to determine the prioritization of funds.
She related that the Joyful Heart Foundation would like states
to reduce the time down to 30 days. That said, she noted that
the time used to be 18 months, so progress is being made and
must continue. She said she attended a banquet during National
Crime Victims Week, and she questions whether people are getting
the justice they deserve when they have to wait so long. She
stated, "I just don't know if there's the will of the
legislature to go to the six-month deadline this year."
REPRESENTATIVE STORY expressed appreciation to the bill sponsor
for continuing the effort to reduce the timeline and for
bringing forward SSHB 20.
REPRESENTATIVE TARR said unfortunately some individuals are
"serial sexual assaulters," and "when we don't move quickly, we
allow dangerous people to be out in our community potentially
committing more crimes."
4:15:23 PM
CO-CHAIR FIELDS moved to adopt Amendment 1 to Version G of SSHB
20, labeled 31-LS0253\G.1, Radford, 4/17/19, which read as
follows:
Page 1, line 14, through page 2, line 3:
Delete all material and insert:
"(3) the offender engages in sexual
penetration with another person
(A) who [THE OFFENDER KNOWS] is mentally
incapable; and
(B) who is in the offender's care"
Page 2, lines 7 - 8:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 2, lines 17 - 20:
Delete all material and insert:
"(2) the offender engages in sexual contact
with a person
(A) who [THE OFFENDER KNOWS] is mentally
incapable; and
(B) who is in the offender's care"
Page 2, lines 24 - 25:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 2, lines 29 - 30:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 3, lines 7 - 8:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 4, line 16:
Delete "person"
Insert "victim"
4:15:35 PM
CO-CHAIR KREISS-TOMKINS announced that there being no objection,
Amendment 1 was adopted.
4:15:46 PM
CO-CHAIR FIELDS moved to report CSSSHB 20, Version 31-LS0253\G,
Radford, 3/21/19, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection CSSSHB 20(STA) was reported from the House State
Affairs Standing Committee.
HB 115-ABSENTEE VOTING
4:16:08 PM
CO-CHAIR KREISS-TOMKINS announced that the final order of
business would be a return to HOUSE BILL NO. 115, "An Act
relating to absentee voting; and providing for an effective
date."
4:16:11 PM
REPRESENTATIVE WOOL moved to report HB 115 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 115 was reported from the House
State Affairs Standing Committee.
4:16:59 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:17
p.m.