02/08/2024 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB259 | |
| SB46 | |
| HB265 | |
| HB286 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 259 | TELECONFERENCED | |
| += | HB 265 | TELECONFERENCED | |
| *+ | HB 286 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 46 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 8, 2024
3:04 p.m.
DRAFT
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Ashley Carrick
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 259
"An Act establishing the Council on Human and Sex Trafficking;
and relating to the Council on Domestic Violence and Sexual
Assault."
- MOVED CSHB 259(STA) OUT OF COMMITTEE
SENATE BILL NO. 46
"An Act establishing the month of March as Brain Injury
Awareness Month."
- MOVED HCSSB 46(STA) OUT OF COMMITTEE
HOUSE BILL NO. 265
"An Act changing the term 'child pornography' to 'child sexual
abuse material.'"
- MOVED HB 265 OUT OF COMMITTEE
HOUSE BILL NO. 286
"An Act relating to victim restitution and compensation."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 259
SHORT TITLE: COUNCIL ON HUMAN AND SEX TRAFFICKING
SPONSOR(s): REPRESENTATIVE(s) VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) STA, FIN
02/01/24 (H) STA AT 3:00 PM GRUENBERG 120
02/01/24 (H) Heard & Held
02/01/24 (H) MINUTE(STA)
02/08/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 46
SHORT TITLE: BRAIN INJURY AWARENESS MONTH
SPONSOR(s): SENATOR(s) TOBIN
01/25/23 (S) READ THE FIRST TIME - REFERRALS
01/25/23 (S) STA
03/14/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/14/23 (S) Heard & Held
03/14/23 (S) MINUTE(STA)
03/23/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/23/23 (S) Moved SB 46 Out of Committee
03/23/23 (S) MINUTE(STA)
03/24/23 (S) STA RPT 5DP
03/24/23 (S) DP: KAWASAKI, WIELECHOWSKI, CLAMAN,
MERRICK, BJORKMAN
03/31/23 (S) TRANSMITTED TO (H)
03/31/23 (S) VERSION: SB 46
04/03/23 (H) READ THE FIRST TIME - REFERRALS
04/03/23 (H) STA
01/25/24 (H) STA AT 3:00 PM GRUENBERG 120
01/25/24 (H) -- MEETING CANCELED --
02/01/24 (H) STA AT 3:00 PM GRUENBERG 120
02/01/24 (H) Heard & Held
02/01/24 (H) MINUTE(STA)
02/08/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 265
SHORT TITLE: CHILD SEXUAL ABUSE MATERIAL
SPONSOR(s): REPRESENTATIVE(s) VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) STA, JUD
02/01/24 (H) STA AT 3:00 PM GRUENBERG 120
02/01/24 (H) Heard & Held
02/01/24 (H) MINUTE(STA)
02/08/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 286
SHORT TITLE: CRIME VICTIM RESTITUTION
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
01/24/24 (H) READ THE FIRST TIME - REFERRALS
01/24/24 (H) STA
02/08/24 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE SARAH VANCE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, provided an overview of
HB 259; as prime sponsor presented HB 265.
BRENDA STANFILL, Executive Director,
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 259. Testified
in support of HB 265.
JOSH LOUWERSE, Director of Statewide Initiatives
Covenant House Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 259.
BRITTANY MADROS, Tribal Government & Justice Division Director
Tanana Chiefs Conference;
Member
Council on Human and Sex Trafficking
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 259.
SABRINA STRATFORD, representing self
Address not provided
POSITION STATEMENT: Testified in support of HB 259.
TAMI TRUETT JERUE, Executive Director
Alaska Native Women's Resource Center
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 259.
ADAM LEGG, Executive Director
Love Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 259.
ROBERT BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions about HB 259 on behalf
of Representative Vance, prime sponsor. Offered to provide a
sectional analysis and overview of SB 46.
BRYAN BARLOW, Deputy Commissioner
Office of the Commissioner
Department of Public Safety;
Chair
Governor's Council on Human and Sex Trafficking
Juneau, Alaska
POSITION STATEMENT: Answered questions about HB 259.
MACKENZIE POPE, Staff
Senator Tobin
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 46 on behalf of
Senator Tobin, prime sponsor.
AMBER NICKERSON, Community United for Safety and Protection
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 259;
testified in support of HB 265.
MATTHEW DUBOIS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 265.
DELAYNA WEST, representing self
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 265.
REPRESENTATIVE JULIE COULOMBE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 286, as prime sponsor.
JORDAN WRIGHT, Staff
Representative Julie Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"HB 286."
KATHERINE HANSEN, Senior Staff Attorney
Alaska Office of Victims' Rights
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 286.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions about HB 286.
ACTION NARRATIVE
3:04:29 PM
CHAIR SHAW called the House State Affairs Standing Committee
meeting to order at 3:04 p.m. Representatives Johnson, Allard,
Carrick, Story, Wright, and Shaw were present at the call to
order. Representative C. Johnson arrived as the meeting was in
progress.
HB 259-COUNCIL ON HUMAN AND SEX TRAFFICKING
3:05:09 PM
CHAIR SHAW announced that the first order of business would be
HB 259 HOUSE BILL NO. 259, "An Act establishing the Council on
Human and Sex Trafficking; and relating to the Council on
Domestic Violence and Sexual Assault."
3:05:41 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, provided
an overview of HB 259, as prime sponsor.
3:06:15 PM
REPRESENTATIVE VANCE said that HB 259 creates the Council on
Human and Sex Trafficking in statute so its important work can
continue without interruption.
3:06:50 PM
CHAIR SHAW opened public testimony on HB 259.
3:07:16 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), testified in support of HB
259. She mentioned that she spent a year working on the
strategic plan and is looking forward to working with the bill
sponsor to implement 24 regional programs with adequate staffing
to ensure these important cases are given adequate time and
attention.
3:08:46 PM
CHAIR SHAW noted that the bill sponsor is very passionate about
the issue.
3:09:15 PM
JOSH LOUWERSE, Director of Statewide Initiatives, Covenant House
Alaska, testified in support of HB 259. He said that through
his 15 years working at Covenant House Alaska, he has
participated in many task forces that were not mandated by law.
Due to high turnover, he noted the difficulty in keeping the
momentum of task forces alive. Putting the council into statute
would go a long way toward preventing and ending human and sex
trafficking in Alaska. He commended Representative Vance for
her hard work.
3:10:36 PM
BRITTANY MADROS, Tribal Government & Justice Division Director,
Tanana Chiefs Conference; Member, Council on Human and Sex
Trafficking, testified in support of HB 259. She noted that the
council voted to codify the Human and Sex Trafficking Council
and supports the one director/two board model. She noted the
importance of addressing human trafficking in urban and rural
communities of the state through collaboration with Tribes.
3:12:06 PM
SABRINA STRATFORD, representing self, told two stories of sex
trafficking in rural communities. She noted that sex
trafficking is what happens between "missing" and "murdered."
She said she supports HB 259 100 percent.
3:13:17 PM
TAMI TRUETT JERUE, Executive Director, Alaska Native Women's
Resource Center, testified in support of HB 259. She emphasized
the importance of remembering the rural communities and the
vulnerabilities rural residents face when entering urban areas.
3:14:18 PM
ADAM LEGG, Executive Director, Love Alaska, testified in support
of HB 259. He emphasized the importance of continued focus on
the issues of human and sex trafficking in urban and rural areas
around the state.
3:15:09 PM
CHAIR SHAW closed public testimony on HB 259.
CHAIR SHAW entertained amendments.
3:15:20 PM
CHAIR SHAW moved to adopt Amendment 1 to HB 259, labeled 33-
LS1075\B.3, A. Radford\C.Radford, 2/6/24, which read as follows:
Page 1, line 1:
Delete the second occurrence of "and"
Page 1, line 2, following "Assault":
Insert "; and providing for an effective date"
Page 1, line 6:
Delete "coordinate with"
Insert "select two of its members by majority
vote to serve on a joint hiring committee with two
members of"
Page 1, line 7:
Delete "jointly"
Insert "recruit and"
Page 3, following line 7:
Insert a new bill section to read:
"* Sec. 2. AS 18.66.050 is amended by adding a new
subsection to read:
(b) The commissioner of public safety or the
commissioner's designee shall chair the joint hiring
committee under (a)(1) of this section. Only one
representative from a department may serve on the
committee. If both the council and the Council on
Human and Sex Trafficking select a member from the
same department to serve on the joint hiring
committee, the presiding officer of the council shall
coordinate with the chair of the Council on Human and
Sex Trafficking to jointly determine which member will
serve on the committee."
Renumber the following bill sections accordingly.
Page 4, line 17:
Delete "coordinate with"
Insert "select two of its members by majority
vote to serve on a joint hiring committee with two
members of"
Page 4, line 18:
Delete "jointly"
Insert "recruit and"
Page 4, following line 22:
Insert a new subsection to read:
"(c) The commissioner of public safety or the
commissioner's designee shall chair the joint hiring
committee under (a)(9) of this section. Only one
representative from a department may serve on the
committee. If both the council and the Council on
Domestic Violence and Sexual Assault select a member
from the same department to serve on the joint hiring
committee, the chair shall coordinate with the
presiding officer of the Council on Domestic Violence
and Sexual Assault to jointly determine which member
will serve on the committee."
Page 6, line 25:
Delete "sec. 4"
Insert "sec. 5"
Page 6, line 29:
Delete "sec. 4"
Insert "sec. 5"
Page 7, line 2:
Delete "sec. 4"
Insert "sec. 5"
Page 7, following line 2:
Insert a new bill section to read:
"* Sec. 8. This Act takes effect March 1, 2025."
3:15:36 PM
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
3:15:55 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, on behalf of Representative Vance, prime
sponsor, explained Amendment 1. It was offered by the
Department of Public Safety to address hiring an executive
director. The amendment also delays the effective date to allow
the current council to work with the new director before the
implementation of the council. The delayed start date would be
March 1, 2025. He made note of a few wording changes for
clarity and a title change to reflect the effective date. He
mentioned that each agency would submit two members to
participate on the Council for Domestic Violence and two members
for the Council for Human and Sex Trafficking.
3:19:15 PM
REPRESENTATIVE VANCE reiterated the reason for the delayed start
date concerning the finalization of a report to the legislature
by the council near the start of the year. March was suggested
to allow for more time to complete the report before
transitioning to the new director. She noted that the current
governor's council is fully prepared to provide support to the
new director and staff.
3:20:29 PM
REPRESENTATIVE CARRICK asked if the governor's council can hold
meetings in the meantime.
REPRESENTATIVE VANCE affirmed that the council would continue to
meet as usual. The next scheduled meeting is in March. She
didn't anticipate that there would be significant changes in the
council because the bill was modeled after the current council.
A new shared director and administrative staff would be hired
under HB 259.
3:21:34 PM
REPRESENTATIVE WRIGHT removed his objection.
3:21:58 PM
The committee took a brief at-ease.
3:22:23 PM
CHAIR SHAW announced that, there being no further objection,
Amendment 1 HB 259 was adopted.
3:22:39 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 2 to HB 259,
labeled 33-LS1075\B.4, C.Radford, 2/6/24, which read as follows:
Page 1, lines 1 - 2:
Delete "; and relating to the Council on Domestic
Violence and Sexual Assault"
Page 1, line 4, through page 3, line 11:
Delete all material and insert:
"* Section 1. AS 39.25.110 is amended by adding a
new paragraph to read:
(46) the executive director of the Council
on Human and Sex Trafficking established under
AS 44.41.150."
Renumber the following bill sections accordingly.
Page 4, lines 17 - 21:
Delete all material and insert:
"(9) hire an executive director to oversee
the council; the executive director may hire staff;
the executive director is in the exempt service under
AS 39.25.110 and staff members are in the classified
service under AS 39.25.100."
Page 6, line 22, through page 7, line 2:
Delete all material.
3:22:40 PM
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
REPRESENTATIVE CARRICK described Amendment 2, which responds to
comments from the current director of the Council on Domestic
Violence and Sexual Assault. Amendment 2 would create an
executive director position for the new Council on Human and Sex
Trafficking to alleviate the potential overburdening of the
executive director who, under HB 259, would be responsible for
both councils.
3:24:17 PM
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.
REPRESENTATIVE VANCE noted that the decision to have just one
executive director for both the Council on Domestic Violence and
Sexual Assault as well as the Council on Human and Sex
Trafficking was a collaborative idea put forward by the
governor's council to reduce the fiscal impact.
3:25:22 PM
BRYAN BARLOW, Deputy Commissioner, Office of the Commissioner,
Department of Public Safety; Chair, Governor's Council on Human
and Sex Trafficking, thanked Representative Vance. He explained
that the one director/two board model can work. The council is
important to victims in Alaska and there is no intent to the
dilute effectiveness of the council. He made note of fiscal
responsibility.
3:27:33 PM
REPRESENTATIVE STORY asked Deputy Commissioner Barlow if there
was a discussion of having two program coordinators. To oversee
the council is a lot of work. She noted that Alaska has the
highest rate of domestic violence and sexual assault in the
nation. She asked if different staffing levels have been
considered to effectively combat issues of domestic violence and
sexual assault in the state.
3:28:55 PM
MR. BARLOW agreed that the goal is not to dilute the
effectiveness of the current administrative staffing of the
Council on Domestic Violence and Sexual Assault. There will be
a new administrative assistant and program coordinator to ensure
there are adequate support staff to organize the work of the
councils.
REPRESENTATIVE STORY expressed her concern with understaffing.
She said that adequate funding is necessary for success.
3:30:35 PM
REPRESENTATIVE CARPENTER noted the value of Amendment 2 and
acknowledged the overwhelming testimony. He suggested that
Amendment 2 could be revisited next year once the workload is
assessed by the director of the councils.
REPRESENTATIVE C. JOHNSON brought up the fiscal note for new
staff positions and sought to address the costs.
MR. BALLINGER said that Amendment 2 would include a new
executive director.
REPRESENTATIVE C. JOHNSON sought clarification and opined that
adding another coordinator position wouldn't have as much of an
impact as adding more support staff.
MR. BALLINGER said that currently the Council of Domestic
Violence and Sexual Assault has about 10 employees and an
executive director. The new council would add two employees and
share the existing executive director. He clarified that
Amendment 2 creates a new executive director position and
eliminates the need to share the existing executive director.
He noted a compromise to minimize the costs.
REPRESENTATIVE C. JOHNSON agreed.
3:34:56 PM
REPRESENTATIVE CARRICK provided wrap-up comments. She
emphasized the importance of data collection. Through Amendment
2, she sought the prevention of overburdening the current duties
of the existing staff. HB 259 is a valuable and noble effort to
combat a serious problem. She noted the substantial workload
increase that will likely occur with HB 259 as written. Adding
an executive director would help to prevent the dilution of the
functions of both councils. The problem is serious and there is
merit to appropriately tackling the issue.
3:36:01 PM
CHAIR SHAW announced that the objection was maintained.
A roll call vote was taken. Representatives Carrick and Story
voted in favor of Amendment 2. Representatives Carpenter,
Johnson, Allard, Wright, and Shaw voted against it. Therefore,
Amendment 2 failed to be adopted by a vote of 2-5.
3:37:40 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 3 to HB 259,
labeled 33-LS1075\B.5, C.Radford, 2/6/24, which read as follows:
Page 4, line 28:
Delete "one member who"
Insert "two members, each of whom"
Page 5, line 3, following "agency;":
Insert "and"
Page 5, lines 4 - 5:
Delete all material.
Reletter the following subparagraph accordingly.
REPRESENTATIVE CARRICK discussed the codification of a faith-
based position in the Council on Human and Sex Trafficking and
expressed concerns with statutorily designating a faith-based
person to the council in HB 259. Amendment 3 swaps the faith-
based seat for an additional victim advocate seat. Amendment 3
removes the designation of a faith-based person from statute.
She pointed out that victim advocates come from many different
organizational perspectives.
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.
REPRESENTATIVE VANCE said she doesn't support Amendment 3. She
discussed the history of victims advocate organizations being
faith-based. She opined that adopting Amendment 3 would send a
message that faith-based organizations are not specifically
welcome on the council in statute. The composition of
membership was directed by the deliberation of the current
governor's Council on Human and Sex Trafficking. As bill
sponsor, she expressed her preference of adhering to the
council's work and consideration.
REPRESENTATIVE WRIGHT maintained his objection.
3:41:42 PM
A roll call vote was taken. Representative Carrick voted in
favor of Amendment 3. Representatives Wright, Carpenter,
Johnson, Allard, Story, and Shaw voted against it. Therefore,
Amendment 3 failed by a vote of 1-6.
3:42:25 PM
REPRESENTATIVE C. JOHNSON said that everyone who serves on the
Human and Sex Trafficking Council is highly devoted to victims'
advocacy.
CHAIR SHAW asked for a motion.
3:43:30 PM
REPRESENTATIVE WRIGHT moved to report HB 259, as amended, from
committee with individual recommendations and accompanying
fiscal notes. There being no objection, CSHB 259 (STA) was
reported from the House State Affairs Standing Committee.
3:43:58 PM
The committee took an at-ease from 3:44 p.m. to 3:46 p.m.
SB 46-BRAIN INJURY AWARENESS MONTH
3:46:13 PM
CHAIR SHAW announced that the next order of business would be SB
46, SENATE BILL NO. 46, "An Act establishing the month of March
as Brain Injury Awareness Month."
3:46:58 PM
MACKENZIE POPE, Staff, Senator Loki Tobin, Alaska State
Legislature, introduced SB 46 on behalf of Senator Tobin, prime
sponsor. She said SB 26 would make every March Brain Injury
Awareness Month.
REPRESENTATIVE C. JOHNSON asked for an explanation of the fiscal
note and observed that the format appeared incorrect.
3:49:19 PM
The committee took a brief at-ease.
3:49:32 PM
REPRESENTATIVE C. JOHNSON again made note of the irregular
fiscal note.
3:49:50 PM
REPRESENTATIVE WRIGHT moved to report SB 46 from committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, SB 46 was reported from the House
State Affairs Standing Committee.
3:50:22 PM
The committee took an at-ease from 3:50 p.m. to 3:53 p.m.
HB 265-CHILD SEXUAL ABUSE MATERIAL
3:53:00 PM
CHAIR SHAW announced that the next order of business would be HB
265 HOUSE BILL NO. 265, "An Act changing the term 'child
pornography' to 'child sexual abuse material.'"
3:53:28 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor presented HB 265. She explained that HB 265 would
change the term "child pornography" to "child sexual abuse
material". The bill changes the wording in law to reflect an
illegal activity. She noted that the term "pornography" is a
legal adult activity, but sexual abuse of children is not.
CHAIR SHAW asked if a sectional analysis overview of the bill is
necessary.
3:54:24 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, on behalf of Representative Vance, prime
sponsor offered to provide a sectional analysis and overview of
SB 46.
CHAIR SHAW asked if the committee had any questions or comments.
3:54:58 PM
REPRESENTATIVE STORY noted many states are adopting the changes
listed in SB 46. She thanked Representative Vance for
sponsoring the bill.
3:55:20 PM
CHAIR SHAW opened public testimony on HB 265.
3:55:40 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of HB 265.
3:56:18 PM
AMBER NICKERSON, Community United for Safety and Protection,
stated that she didn't receive a notification to offer her
testimony on HB 259, which was earlier on the agenda. She said
that she opposed HB 259. She testified in support of HB 265 and
proposed the creation of an amendment to provide immunity to
empower those to report sex trafficking without facing charges
for prostitution.
3:57:36 PM
REPRESENTATIVE CARPENTER suggested Ms. Nickerson e-mail the
committee with her testimony from HB 259.
3:58:40 PM
MATTHEW DUBOIS, representing self, informed the committee of his
16 years of law enforcement experience and mentioned that he has
investigated Internet crimes against children. He stated that
child sexual abuse material is the result of children being
groomed, coerced, and exploited by their abusers. Using the
term "child pornography" as it applies to the subcategory of
legally acceptable pornography is unacceptable. Continuing to
use the term "child pornography" minimizes the harm experienced
by children, which is long lasting and devastating. Through his
experiences in law enforcement, he said that victims experience
feelings of shame, guilt, fear of abuse material resurfacing in
the future, and a lack of closure. Using the term "child
pornography" hides the impact of perpetrators' behavior and
diminishes the seriousness of the crime and can make it
difficult for children to get support.
4:00:40 PM
DELAYNA WEST, representing self, testified in support of HB 265.
She encouraged the support of the bill and others like it for
the safety of children in Alaska.
4:01:50 PM
The committee took an at-ease from 4:01 p.m. to 4:05 p.m.
4:04:58 PM
REPRESENTATIVE WRIGHT moved to report HB 265 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 265 was reported from the
House State Affairs Standing Committee.
4:05:33 PM
The committee took an at-ease from 4:05 p.m. to 4:06 p.m.
HB 286-CRIME VICTIM RESTITUTION
4:06:40 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 286, "An Act relating to victim restitution and
compensation."
4:07:07 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, as
prime sponsor, introduced HB 286, which clarifies current Alaska
statute regarding victim restitution for crimes. Currently, the
statute allows the court to order a defendant convicted of a
crime to make restitution to the victim of that crime for costs
related to counseling, medical, and shelter services, however,
the statute does not provide clarity about what other types of
services qualify. This has resulted in fewer prosecutors asking
for certain types of restitution. The proposed bill would
clarify that lost income, childcare, eldercare, transportation,
or any other expenses incurred during a victim's participation
in legal action related to the case would be eligible for
restitution. It would strengthen the victims' ability to
receive compensation for costs related to their time spent in
court and make it more difficult for victim defendants to appeal
restitution payment. She noted the relevance of this issue in
domestic violence cases.
4:09:15 PM
JORDAN WRIGHT, Staff, Representative Julie Coulombe, Alaska
State Legislature, on behalf of Representative Coulombe provided
a PowerPoint presentation, titled "HB 286" [hard copy included
in the committee packet]. He began on slide 2, titled "The
Office of Victims Rights," which read as follows [original
punctuation provided]:
What is their history?
OVR was created similarly to an Inspector General's
office
• It is within the legislative branch to avoid
conflicts with state government organizations
• Ensures that the director has independence to
investigate criminal justice agencies and make
appropriate recommendations
What do they do?
• Provides advocacy in court on behalf of victims
• Investigates the complaints of victims
• Obtains information from various criminal justice
agencies
How are they funded?
• OVR is funded by money from forfeited permanent fund
dividend (PFD) checks of convicts
• Alaska Statute 43.23.005 is the law that determines
a person's eligibility to receive a PFD
• A person is disqualified from receiving a PFD if
during the dividend year they have either (1) been
convicted of a felony, (2) spent time in jail for a
felony conviction, or (3) jailed for their third
misdemeanor conviction during the dividend year if
they have ever been convicted of a felony at any time
MR. WRIGHT moved to slide 3, titled "Current Statute
Clarification," which read as follows [original punctuation
provided]:
Clarifies that restitution can be granted to a victim
for expenses incurred due to the crime, participation
in the investigation or prosecution of the offense, or
attendance at court proceedings related to the
offense. Those expenses include, but are not limited
to, the value of lost income, necessary child care,
elder care, transportation, and other expenses.
MR. WRIGHT moved to slide 4, titled "Purpose of new language?"
which read as follows [original punctuation provided]:
To strengthen the ability of prosecutors to ask for
compensation for categories such as lost wages and
childcare.
CHAIR SHAW asked Mr. Wright to provide a sectional analysis of
HB 286.
MR. WRIGHT provided a sectional analysis, [included in the
committee packet] which read as follows [original punctuation
provided]:
Section 1: Amends AS 12.55.045(a)- Page 1, Lines 10-14
as follows: Restitution to a victim or other person
injured by the offense includes compensation for the
value of lost income, necessary child care, elder
care, transportation, and other expenses incurred
during the victim's or other person's participation in
the investigation or prosecution of the offense or
attendance at court proceedings related to the
offense.
Section 2: The uncodified law of the State of Alaska
is amended by adding a new section to read:
APPLICABILITY. AS 12.55.045(a), as amended by sec. 1
of this Act, applies to an order of restitution for an
offense committed on or after the effective date of
this Act.
4:11:40 PM
CHAIR SHAW provided several names of individuals available to
answer questions about HB 286. He introduced invited testimony.
4:12:33 PM
KATHERINE HANSEN, Senior Staff Attorney, Alaska Office of
Victims' Rights, testified in support of HB 286 and explained
that the bill was requested by the Office of Victims' Rights in
response to Court of Appeals decisions from 2022 and 2023.
These cases stated that whether victims of crimes can be awarded
criminal restitution is an open question. She referenced two
unpublished court cases, Keen Smith vs. State of Alaska
2022WL3226305 and Seeley vs. State of Alaska 2023WL2783265.
MS. HANSEN said that federal law expressly allows restitution
for crime victims, including loss of income, necessary childcare
transportation and other expenses incurred during investigation
and prosecution of the offense. Other courts have permitted
restitution under these circumstances. She said HB 286 would
provide clarity for what restitution is available for crime
victims. It would streamline the judicial process. She
provided two case examples that are currently under litigation
in which the crime victims need restitution but aren't currently
provided it. Lost wages have been awarded in cases that are
considered by the Violent Crimes Compensation Board. Money from
the board is awarded only to those who ask and does not include
all types of crime. The proposed bill is necessary for
restitution to be applied to all crime victims.
4:19:39 PM
REPRESENTATIVE ALLARD asked about a retroactive dollar amount
for victims of violent crimes.
MS. HANSEN explained that restitution is a component of a
criminal offender being sentenced. The principles of double
jeopardy prevent the opportunity for retroactive restitution.
4:20:28 PM
REPRESENTATIVE CARPENTER asked about lines 6 through 8 of HB
286.
4:21:45 PM
MS. HANSEN deferred to the Department of Law (DOL).
REPRESENTATIVE CARPENTER asked for an understanding of the
testifiers' experience with clients regarding HB 286.
MS. HANSEN responded that there is a constitutional provision
that requires restitution. There are principles of statutory
interpretation that would be aided by the clarity of language as
read in HB 286.
REPRESENTATIVE CARPENTER offered to follow up with DOL.
REPRESENTATIVE STORY asked if there would be legal fees that
offenders would be responsible for.
MS. HANSEN explained that the language in HB 286 is modeled
after the federal statute currently in existence so that decided
case law can be used in application of cases in Alaska. She
sought clarification of Representative Story's question.
REPRESENTATIVE STORY wondering if there is any way a victim
could be compensated for legal fees.
MS. HANSEN stated that related litigation in civil court is
absorbed through contingency fees or as part of the award in a
related civil litigation. She noted that the Office of Victims'
Rights offers a free service to all crime victims that is not
income-based.
4:25:05 PM
REPRESENTATIVE CARPENTER asked to follow up with DOL. He asked
about lines 6-8 on page 2 of HB 286. He sought to clarify the
meaning of "public policy" and whether those public policies
would help or hinder a court's discretion in establishing
restitution awards.
4:26:50 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law, noted that those subsections were added to HB
268 to provide more guidance to courts. She said HB 286 will
create a positive impact for courts and those seeking
restitution. In response to a follow-up questions, she said
that public policy is defined as an expression from the
legislature through statute.
4:28:00 PM
CHAIR SHAW provided closing remarks.
4:29:29 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
[4:29].
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 286 Sectional Analysis version A.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Sponsor Statement version A.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 259 - Alaska Governor's Council on Human and Sex Trafficking Data Summary Document January 2024.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 259 - Sectional Analysis2.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 259 - GCHST-Final-Report-Sept2022.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 259 Sponsor Statement - Alaska Council on Human and Sex Traffickings.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 259 Support Document - CHST Information 01.31.2024.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 259 Bill Presentation.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 259 |
| HB 265 - Sectional Analysis.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 265 |
| HB 265 Sponsor Statement - Child Sexual Abuse Material (CSAM).pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 265 |
| HB 265 Supporting Documents - Alaska bill looks to legally retire misleading term, ‘child pornography’ - Alaska Watchman.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 265 |
| HB 265 Supporting Documents - CALL IT WHAT IT IS - Child Rescue Coalition.pdf |
HSTA 2/1/2024 3:00:00 PM HSTA 2/8/2024 3:00:00 PM |
HB 265 |
| HB 286 Support Document Yani Morley.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Presentation.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |