05/04/2023 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB116 | |
| HB118 | |
| SB12 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 116 | TELECONFERENCED | |
| *+ | HB 118 | TELECONFERENCED | |
| + | SB 12 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 4, 2023
3:07 p.m.
DRAFT
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Jennie Armstrong
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 116
"An Act relating to appropriations from the restorative justice
account."
- MOVED CSHB 116(STA) OUT OF COMMITTEE
HOUSE BILL NO. 118
"An Act relating to the sale and possession of used detached
catalytic converters; and establishing the crime of possession,
sale, or purchase of a used detached catalytic converter."
- HEARD & HELD
CS FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 116
SHORT TITLE: RESTORATIVE JUSTICE ACCT APPROPRIATIONS
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) STA, FIN
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
04/18/23 (H) Heard & Held
04/18/23 (H) MINUTE(STA)
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 118
SHORT TITLE: CATALYTIC COVERTERS: SALE/POSSESSION
SPONSOR(s): REPRESENTATIVE(s) D.JOHNSON
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) STA, JUD
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 12
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD, FIN
02/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/02/23 (S) Heard & Held
02/02/23 (S) MINUTE(STA)
02/28/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/23 (S) Moved CSSB 12(STA) Out of Committee
02/28/23 (S) MINUTE(STA)
03/01/23 (S) STA RPT CS 1DP 3NR NEW TITLE
03/01/23 (S) DP: KAWASAKI
03/01/23 (S) NR: WIELECHOWSKI, BJORKMAN, MERRICK
03/08/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/23 (S) Heard & Held
03/08/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) Moved CSSB 12(JUD) Out of Committee
03/15/23 (S) MINUTE(JUD)
03/17/23 (S) JUD RPT CS 3DP 1AM NEW TITLE
03/17/23 (S) DP: CLAMAN, TOBIN, KIEHL
03/17/23 (S) AM: KAUFMAN
03/28/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(FIN)
04/03/23 (S) FIN RPT CS(JUD) 3DP 3NR 1AM
04/03/23 (S) DP: OLSON, HOFFMAN, KIEHL
04/03/23 (S) NR: STEDMAN, MERRICK, BISHOP
04/03/23 (S) AM: WILSON
04/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/23 (S) Moved CSSB 12(JUD) Out of Committee
04/03/23 (S) MINUTE(FIN)
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: CSSB 12(JUD)
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA, JUD, FIN
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
JOSHUA WALTON, Staff
Representative Laddie Shaw
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave an explanation of changes in the
proposed CS for HB 116, Version B, on behalf of Representative
Shaw.
EDRA MORLEDGE, Staff
Representative Julie Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered closing remarks on CSHB 116(STA) on
behalf of Representative Coulombe, prime sponsor.
REPRESENTATIVE DELENA JOHNSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 118, as the prime sponsor.
SAVAYA BIEBER, Staff
Representative DeLena Johnson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered introductory remarks on HB 118 on
behalf of Representative Johnson, prime sponsor.
TREVOR STEFANO, Owner
CSI Protect AK
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 118.
HOWARD HANDLER
National Insurance Crime and Borough
Chicago, Illinois
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 118.
ARTY FONOP, Owner
Eagle Eye Secure Storage
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 118
CAPTAIN CORNELIUS SIMS
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
118.
PAM HALLORAN, Division of Administrative Services
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
118.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 12(JUD), as the prime
sponsor.
KEELEY OLSON, Executive Director
Standing Together Against Rape
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on CSSB 12(JUD).
JODY REAUSAW, Business Agent
Alaska Correctional Officers Association (ACOA)
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on CSSB 12(JUD).
SUZI PEARSON, Executive Director
Abused Women's Aid in Crisis
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on CSSB 12(JUD).
ACTION NARRATIVE
3:07:32 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at 3:07 p.m. Representatives C.
Johnson, Allard, Story, Wright, and Shaw were present at the
call to order. Representatives Carpenter and Armstrong arrived
as the meeting was in progress.
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
3:08:18 PM
CHAIR SHAW announced that the first order of business would be
HOUSE BILL NO. 116, "An Act relating to appropriations from the
restorative justice account."
3:08:58 PM
REPRESENTATIVE WRIGHT moved to adopt the proposed committee
substitute (CS) for HB 116, Version 33-LS0602\B, Nauman, 5/2/23,
as the work draft.
CHAIR SHAW objected for the purpose of discussion.
3:09:27 PM
JOSHUA WALTON, Staff, Representative Laddie Shaw, Alaska State
Legislature, on behalf of Representative Shaw, summarized the
changes in the proposed CS for HB 116 [included in the committee
packet], which read as follows [original punctuation provided]:
The House State Affairs Committee presents a proposed
work draft of CS for House Bill 116 (STA); the work
draft is labeled as work order 33-LS0602\B.
In the work draft, the House State Affairs Committee
has made the following changes to House Bill 116 (work
order 33-LS-0602\A):
• A change to the title to more precisely indicate
"grants and costs funded by" the restorative justice
account.
• The addition of a new Section 1, providing
legislative intent language regarding the
establishment of a public safety initiative to prevent
domestic violence and sexual assault.
• Providing an effective date for the Act of July 1,
2024.
• Conforming title and numbering changes.
CHAIR SHAW removed his objection. There being no further
objection, Version B was before the committee.
3:10:58 PM
REPRESENTATIVE WRIGHT moved to report CSHB 116, Version 33-
LS0602\B, Nauman, 5/2/23, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 116(STA) was reported out of the House State
Affairs Standing Committee.
3:11:30 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, on behalf of Representative Coulombe, prime
sponsor, thanked the committee for hearing the bill.
3:11:51 PM
The committee took a brief at-ease.
HB 118-CATALYTIC COVERTERS: SALE/POSSESSION
3:12:28 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 118, "An Act relating to the sale and possession
of used detached catalytic converters; and establishing the
crime of possession, sale, or purchase of a used detached
catalytic converter."
3:13:11 PM
REPRESENTATIVE DELENA JOHNSON, Alaska State Legislature, prime
sponsor, presented HB 118. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Since the beginning of the pandemic, the theft of
catalytic converters from vehicles has soared. Auto
insurers are publishing warnings as they process
millions of dollars in losses. In between the years of
2019 and 2022, the National Insurance Crime Bureau
(NICB) had seen a catalytic converter theft spike of
over 1,200%.
According to the NICB, in 2019, only 3,389 catalytic
converter thefts were reported nationwide. In 2020,
the reported number spiked to 14,433. In 2021, the
number went up to 65,400, and in 2022, the numbers
skyrocketed up to 153,000 reported stolen converters.
It is important to note that these numbers only come
from reported policyholders' claims. These numbers are
considered very underreported for two reasons;
1) the amount of people without car insurance who
cannot file a claim; and,
2) if a police report was made before the insurance
claim, it was officially documented under missing car
parts, not specific to catalytic converter theft.
Thirty-two states have adopted or amended laws to
combat catalytic converter theft, and 11 more states
are anticipated to at least introduce legislation to
combat thefts, by requiring identifying information
for anyone trying to sell used catalytic converters.
House Bill 118 gives statutory authority to Alaska law
enforcement to charge and prosecute individuals
unlawfully possessing used catalytic converters. It
also requires businesses and individuals purchasing
used catalytic converters to document and maintain
information about persons possessing and selling used
catalytic converters to said business.
3:15:31 PM
SAVAYA BIEBER, Staff, Representative DeLena Johnson, Alaska
State Legislature, gave introductory remarks on HB 118, on
behalf of Representative Johnson, prime sponsor. She stated
that the bill would add statutory language to require scrap
metal dealers to register with the Department of Public Safety
(DPS) prior to purchasing a used detached catalytic converter.
Should the bill pass, scrap metal dealers would be required to
maintain a paper or electronic record of transactions that
included time, location, and proof of an in-person transaction.
Scrap metal dealers would be required to keep record of the
registry for five years, she added. Furthermore, dealers would
be required to make their records available to law enforcement
during regular business hours.
3:17:21 PM
CHAIR SHAW opened invited testimony.
3:17:34 PM
TREVOR STEFANO, Owner, CSI Protect AK, gave invited testimony on
HB 118. He reported that Oregon law enforcement busted a 14-man
multistate crime ring with 54,000 catalytic converters. He said
the lucrative underground market existed because of a lack of
regulations. He shared that his business, CSI Protect AK,
etched identifiers into metal catalytic converters, in addition
to registering the marked catalytic converters into a global
database used in over 33 countries. Law enforcement was given
access to the database, thereby allowing stolen converters to be
identified and traced back to their owners. He cited Section 4
of the bill and recommended changing the class A misdemeanor to
a class C felony to deter bad actors and prevent further
clogging of the judicial system. Additionally, he suggested
including a definition of mechanic in the bill, as referenced
in Section 5.
3:28:25 PM
HOWARD HANDLER, National Insurance Crime and Borough (NICB),
gave invited testimony on HB 118. He read the following
prepared remarks:
The National Insurance Crime Bureau (NICB) is a
national, century-old, not-for-profit organization
supported by approximately 1,200 property and casualty
insurance companies, including many who write business
in Alaska. Working hand-in-hand with our member
companies and Alaska state and local law enforcement,
we help to detect, prevent, and deter insurance
crimes, including vehicle theft.
Catalytic converter theft has skyrocketed in recent
years in part due to the significant rise in the price
of various precious metals, including rhodium,
platinum, and palladium. All are used in the
construction of catalytic converters. Criminals are
seizing the opportunity to profit off these increased
prices by removing the catalytic converter from
vehicles in relatively easy fashion and selling
the stolen part on the black market. The component
precious metals can be recycled into new products.
Nationally, catalytic converter thefts more than
quadrupled from 3,389 in 2019 to 14,433 in 2020.
Thefts jumped dramatically yet again to over 52,000 in
2021, an increase of 1,215% since 2019.
Additionally, installing a replacement catalytic
converter can cost thousands of dollars. Because
thieves try to remove the converters as quickly as
possible, their hastiness often causes higher repair
costs due to incidental damage. Moreover, businesses
with large vehicle fleets, such as vehicle dealerships
or utility companies, are often targeted due to the
number of potential marks in a small area. Thefts from
commercial carriers can lead to replacement costs in
excess of tens of thousands of dollars, and additional
lost revenue due to halted operations.
House Bill 118 seeks to curb catalytic converter
thefts by, among other things: criminalizing
possession of a used catalytic converters in certain
instances; limiting purchases of used catalytic
converters to scrap metal dealers; and imposing
certain record keeping requirements on scrap metal
dealers. This bill will help deter catalytic converter
thefts by discouraging illegal secondary market sales
and providing law enforcement with additional records
to help investigate cases.
Accordingly, we respectfully request your support for
HB 118
We thank you for scheduling a hearing and for
considering our views as you deliberate the merits of
this bill. We strongly encourage you to utilize NICB
as a resource and partner in the fight against
catalytic converter theft. If you have any questions
or need additional information, please contact me at
hhandler@nicb.org or 847-544-7083.
3:31:33 PM
The committee took a brief at-ease.
3:32:41 PM
CHAIR SHAW opened public testimony on HB 118.
3:33:19 PM
ARTY FONOP, Owner, Eagle Eye Secure Storage, testified in
support of HB 118. He stated that he had been personally
affected by catalytic converter theft and shared his experience,
noting that the ability to turn the devices into cash fueled the
crime. He explained that scrap dealers didnt require proof of
ownership from their customers, which was problematic if the
converters were stolen. He shared his belief that every vehicle
owner in Anchorage would benefit from the passage of HB 118.
3:35:56 PM
CHAIR SHAW closed public testimony on HB 118. He sought
questions from committee members.
3:36:26 PM
REPRESENTATIVE STORY directed attention to page 4, line 7 of the
bill and asked how DPSs central registry of scrap metal dealers
would work. She asked whether an educational component was
needed.
3:37:33 PM
MS. BIEBER directed the question to the department.
3:38:19 PM
CAPTAIN CORNELIUS SIMS, Alaska State Troopers, Department of
Public Safety (DPS), acknowledged the necessity of an
educational component for the scrap metal dealers. He suggested
that an online registry could be developed, in addition to a
paper form option that could be mailed into the department.
REPRESENTATIVE STORY sought to confirm that scrap metal dealers
would be statutorily required to keep a separate registry.
PAM HALLORAN, Division of Administrative Services, Department of
Public Safety (DPS), referred to the fiscal note, which
indicated that DPS would need to develop and implement an
application to develop a central registry for persons engaged in
the business of purchasing the converters. She shared her
understanding that law enforcement would engage with people
purchasing the converters while the department would build and
develop the registry.
3:40:45 PM
CAPTAIN SIMS, in response to Representative Story, confirmed
that law enforcement would develop a registry separate from that
of the scrap metal dealers.
CHAIR SHAW requested an explanation of the fiscal note.
MS. HALLORAN reported that the fiscal note reflected an amount
of $141,700 in 2024 and $123,300 in 2025 to create a criminal
justice specialist position to develop and maintain the new
database.
REPRESENTATIVE STORY asked whether there would be a registration
fee.
MS. HALLORAN said fees had not been discussed.
REPRESENTATIVE STORY asked why the bill stipulated a five-year
timeframe for record retention.
MS. HALLORAN offered to follow up with the requested
information.
3:43:38 PM
REPRESENTATIVE CARPENTER referred to the exclusions in Section
5, subsection (c)(2) of the bill. He asked what documentation
referred to and whether a receipt and registration for the
vehicle from which the catalytic converter came from would
suffice.
MS. HALLORAN deferred to Captain Sims.
3:44:47 PM
CAPTAIN SIMS was unsure of the answer. He shared his
understanding that a used catalytic converter would not be added
to the registry if the person turning it in for profit provided
proof of ownership.
REPRESENTATIVE STORY expressed her concern about criminalizing
the possession of a detached catalytic converter.
3:47:45 PM
REPRESENTATIVE CARPENTER asked how ownership of a catalytic
converter could be proven with documentation, per Section 5 and
Section 3 of the bill.
CAPTAIN SIMS did not know the answer.
REPRESENTATIVE C. JOHNSON referred to the testimony from Mr.
Stefano who owned a company that tagged catalytic converters.
Additionally, she reported that current carmakers placed the
vehicle identification number (VIN) on catalytic converters.
3:51:55 PM
REPRESENTATIVE CARPENTER asked whether the theft of catalytic
converters could be prevented by prohibiting the sale of these
converters to scrapyards.
REPRESENTATIVE D. JOHNSON suggested that the crime was often
drug inspired. She said the legislation was modeled after a
bill in Tennessee with the intent to provide a tool for law
enforcement. She acknowledged that Representative Carpenter had
identified an issue that required further examination.
3:54:11 PM
REPRESENTATIVE STORY asked whether DPS could provide statewide
rates of catalytic converter theft.
3:54:50 PM
CHAIR SHAW announced that HB 118 would be held over.
3:55:25 PM
The committee took a brief at-ease.
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
3:56:13 PM
CHAIR SHAW announced that the final order of business would be
CS FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties
of the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
3:57:11 PM
SENATOR JESSE KIEHL, Alaska State Legislature, prime sponsor,
presented CSSB 12(JUD). He paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
SB 12 creates an address protection program for
victims of sexual assault and domestic violence, peace
officers and correctional officers, and their
families.
Alaska is one of only nine states without any form of
address protection program. They are so widespread
because they are essential. A person needs an address
to vote, drive, work, send children to school, and
much more. When that address shows up in a public
record, an Alaskan seeking safety from a stalker or
abuser faces unnecessary danger. So do Alaska law
enforcement professionals who face threats of
retribution.
An address protection program gives those Alaskans a
tool to stay safe.
Under SB 12, the state would keep a Post Office Box
and confidentially forward mail to Alaskans with a
protective order, public safety professionals, and
their families. Victims and those protecting our state
deserve the chance to live safely.
CHAIR SHAW noted that Representative Armstrong was sponsoring
the companion bill in the House. He invited her to speak on the
proposed legislation.
4:02:42 PM
REPRESENTATIVE ARMSTRONG highlighted the need for the bill due
to the high rate of domestic violence and sexual assault in the
state. In Alaska, she reported that more women were killed by
men per capita compared to any other state. She further noted
that Alaska was one of nine states without an address protection
program. She described safety as one of the most fundamental
human needs, adding that the bill would provide more of it to
Alaskans and law enforcement officials facing threats of
retribution.
4:04:07 PM
CHAIR SHAW inquired about the fiscal note.
SENATOR KIEHL spoke to the fiscal note from the Department of
Administration (DOA), which included a one-time cost of $50,000
for startup expenses followed by $375,000 for operating expenses
in subsequent years.
CHAIR SHAW opened invited testimony.
4:06:28 PM
KEELEY OLSON, Executive Director, Standing Together Against
Rape, gave invited testimony during the hearing on CSSB 12(JUD).
She read the following prepared remarks [included in the
committee packet]:
Thank you for sponsoring this important piece of
legislation and thank you for the opportunity to
comment in favor of an Alaska Address Confidentiality
Program.
Prior to working at STAR, I was a Victim Advocate with
a Prosecuting Attorney's Office in Washington State.
Washington's Address Confidentiality Program was an
essential tool used by Victim Advocates to assist
someone with high lethality risk to be safer. Combined
with comprehensive safety planning and an emergency
relocation plan, and done in a very particular order,
the Address Confidentiality Program was a lifesaver
for more than a few of my clients.
While the program was accessible and easy to use, I
did not see the program being used in inappropriate
ways, and never heard of it being a burden on State
Administrators. Address Confidentiality Programs are
currently available in up to forty states nationwide,
at no cost to enrollees, which is an important
consideration for those sometimes-fleeing abuse with
little access to funds. I recall there were avenues to
accessing the Washington program without the necessity
of a current civil protective order being in place, so
I do advocate for additional paths being available for
those who feel endangered by seeking such orders -
such as criminal no contact orders, current criminal
charges, criminal history and/or supporting letters
from Crime Victim Advocates.
I also know law enforcement officers and District
Attorneys who use public and private names and put
their owned real and personal property in a spouse or
family member's name to protect their addresses, so I
can appreciate the reason for the inclusion of public
servants serving in law enforcement as well.
I appreciate the opportunity to testify and comment in
support of SB 12. Thank you for all your work to
increase safety for victims of domestic violence,
sexual assault, and stalking.
4:11:48 PM
JODY REAUSAW, Business Agent, Alaska Correctional Officers
Association (ACOA), gave invited testimony during the hearing on
CSSB 12(JUD). She expressed ACOAs support for the bill to
protect survivors of sexual assault and domestic violence across
the state, as well as law enforcement officers. She relayed
correctional officers concerns about keeping their families
safe and their information private; nonetheless, she suspected
that a low percentage of officers would take advantage of the
program. Ultimately, she opined that the bill would provide
peace of mind and another tool for officer safety.
4:14:00 PM
SUZI PEARSON, Executive Director, Abused Women's Aid in Crisis
(AWAIC), gave invited testimony during the hearing on CSSB
12(JUD). She reported that victims often change their address
to AWAICs address, which had become the warehouse for
victims mail. Many high-risk individuals choose to keep their
mailing address at AWAIC even after moving from the shelter to
keep their location private, she added. She pointed out that
the bill would provide access to a safe, long-term resource for
victims; further, it would allow victims access to services
without organizations connecting them to AWAICs services should
they choose to remain confidential. She reiterated AWAICs
support for the bill, as drafted.
CHAIR SHAW opened public testimony. After ascertaining that no
one wished to testify, [he closed public testimony.]
4:16:15 PM
REPRESENTATIVE STORY asked whether the bill sponsor had
considered including judges and attorneys in the legislation.
SENATOR KIEHL said he had considered including a number of
groups. He explained that the bill, as drafted, went beyond
similar legislation in other states by including peace officers
and correctional officers. He noted that he had not received a
request from the Alaska Court System or the Department of Law
(DOL) to expand the bill; however, they could be included in the
future if a need arose.
4:17:44 PM
CHAIR SHAW announced that CSSB 12(JUD) would be held over.
4:19:07 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:19
p.m.