Legislature(2017 - 2018)GRUENBERG 120

03/07/2017 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 127 CRIM. CONV. OVERTURNED: RECEIVE PAST PFD TELECONFERENCED
Moved HB 127 Out of Committee
-- Public Testimony --
*+ HB 112 SEXUAL ASSAULT BY PEACE OFFICERS TELECONFERENCED
Heard & Held
+= HB 1 ELECTION REGISTRATION AND VOTING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 7, 2017                                                                                          
                           3:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative Gary Knopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 127                                                                                                              
"An Act relating  to a permanent fund dividend  for an individual                                                               
whose conviction  has been vacated,  reversed, or  dismissed; and                                                               
relating to  the calculation of  the value of the  permanent fund                                                               
dividend  by  including payment  to  individuals  eligible for  a                                                               
permanent fund  dividend because  of a  conviction that  has been                                                               
vacated, reversed, or dismissed."                                                                                               
                                                                                                                                
     - MOVED HB 127 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 112                                                                                                              
"An Act relating  to sexual assault by a peace  officer against a                                                               
person who is a victim, witness, or perpetrator of a crime."                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 1                                                                                                                
"An  Act   relating  to  absentee   voting,  voting,   and  voter                                                               
registration;  relating  to  early   voting  locations  at  which                                                               
persons  may   vote  absentee  ballots;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE: CRIM. CONV. OVERTURNED: RECEIVE PAST PFD                                                                           
SPONSOR(s): REPRESENTATIVE(s) KAWASAKI                                                                                          
                                                                                                                                
02/15/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/15/17       (H)       STA, FIN                                                                                               
02/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/17       (H)       Scheduled but Not Heard                                                                                
02/28/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 112                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT BY PEACE OFFICERS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
                                                                                                                                
02/08/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/17       (H)       STA, JUD                                                                                               
03/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB   1                                                                                                                  
SHORT TITLE: ELECTION REGISTRATION AND VOTING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       STA, JUD                                                                                               
02/23/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/17       (H)       Heard & Held                                                                                           
02/23/17       (H)       MINUTE(STA)                                                                                            
02/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
FRANK TURNEY                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127.                                                                          
                                                                                                                                
MARVIN ROBERTS                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127.                                                                          
                                                                                                                                
NATASHA SINGH, General Council                                                                                                  
Tanana Chiefs Conference (TCC)                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127.                                                                          
                                                                                                                                
BILL OBERLY, Executive Director                                                                                                 
Alaska Innocence Project                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 127.                                                                          
                                                                                                                                
REPRESENTATIVE SCOTT KAWASAKI                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 127, as prime                                                                   
sponsor.                                                                                                                        
                                                                                                                                
SARAH RACE, Director                                                                                                            
Permanent Fund Dividend Division (PFDD)                                                                                         
Department of Revenue (DOR)                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions at the hearing on HB                                                                  
127.                                                                                                                            
                                                                                                                                
REPRESENTATIVE MATT CLAMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 112, as prime sponsor.                                                                      
                                                                                                                                
OWEN PHILLIPS, Staff                                                                                                            
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information on HB 112, on behalf                                                                
of Representative Claman, prime sponsor.                                                                                        
                                                                                                                                
HILARY MARTIN, Attorney                                                                                                         
Legislative Legal Counsel                                                                                                       
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
112.                                                                                                                            
                                                                                                                                
TERRA BURNS                                                                                                                     
Community United for Safety Protection (CUSP)                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
112.                                                                                                                            
                                                                                                                                
KENDRA KLOESTER, Staff                                                                                                          
Representative Chris Tuck                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented  the proposed committee substitute                                                             
(CS) for HB 1 on behalf  of Representative Tuck, prime sponsor of                                                               
HB 1.                                                                                                                           
                                                                                                                                
JOSIE BAHNKE, Director                                                                                                          
Division of Elections (DOE)                                                                                                     
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
1.                                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:03:47 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:03   p.m.                                                               
Representatives  Tuck, Wool,  Birch, Johnson,  Knopp and  Kriess-                                                               
Tomkins  were  present at  the  call  to order.    Representative                                                               
LeDoux arrived as the meeting was in progress.                                                                                  
                                                                                                                                
        HB 127-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD                                                                     
                                                                                                                                
3:04:48 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be  HOUSE BILL  NO. 127,  "An Act  relating to  a permanent                                                               
fund  dividend  for  an  individual  whose  conviction  has  been                                                               
vacated, reversed, or dismissed;  and relating to the calculation                                                               
of the value of the  permanent fund dividend by including payment                                                               
to individuals eligible for a  permanent fund dividend because of                                                               
a conviction that has been vacated, reversed, or dismissed."                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS opened public testimony on HB 127.                                                                         
                                                                                                                                
3:05:31 PM                                                                                                                    
                                                                                                                                
FRANK TURNEY testified  that he supports HB 127.   He stated that                                                               
there  are a  number of  criminal convictions  overturned due  to                                                               
newly discovered facts, suggesting a  miscarriage of justice.  He                                                               
said that those  wrongly convicted have suffered  punishment as a                                                               
result.    He  asserted  that  "the  Fairbanks  Four"  should  be                                                               
compensated with  the permanent fund dividend  (PFD) payments for                                                               
the 18 years of incarceration  as should others whose convictions                                                               
have been overturned.   He offered that  wrongly convicted people                                                               
face  many  hurdles when  re-entering  society,  such as  finding                                                               
employment  and housing,  and  needing psychological  counseling.                                                               
He opined  that compensating  these people  would not  remove the                                                               
long  years of  incarceration but  would help  them "get  back on                                                               
their feet"  and have  a normal  life.   He mentioned  that other                                                               
states  have set  forth  compensations for  those  who have  been                                                               
wrongly  convicted and  whose convictions  have been  overturned.                                                               
He said  that he spent  nine years incarcerated in  Oregon, after                                                               
which  he worked  on  a governor's  task force  and  on a  county                                                               
community corrections advisory committee.                                                                                       
                                                                                                                                
3:07:59 PM                                                                                                                    
                                                                                                                                
MARVIN ROBERTS stated that he is  from Canton, Alaska, and is one                                                               
of the  Fairbanks Four.   He relayed that  in 1997, he  and three                                                               
others were  wrongly arrested and subsequently  wrongly convicted                                                               
for crimes  that they  did not  commit.  He  said that  "after 18                                                               
years, we were finally given back  our lives," but were not given                                                               
any  compensation and  are starting  out with  nothing.   He said                                                               
that  they find  themselves  struggling  without job  experience,                                                               
education, or  money for professional  counseling.   He mentioned                                                               
that he is  working two jobs, which limits time  with his family.                                                               
He maintained  that they  were not  allowed to  file for  PFDs in                                                               
prison  during the  18 years.   He  attested that  he would  have                                                               
remained in  Alaska during  those 18 years  and would  have filed                                                               
for all  his dividends.  He  stated that the money  would benefit                                                               
the four of them immensely.                                                                                                     
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  thanked Mr.  Roberts for  his letter  to the                                                               
committee  [included  in  the  committee   packet]  and  for  his                                                               
testimony.                                                                                                                      
                                                                                                                                
CHAIR  KREISS-TOMKINS   wished  Mr.   Roberts  the  best   as  he                                                               
transitions back into society.                                                                                                  
                                                                                                                                
3:10:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked Mr. Roberts  if he was ever  offered a                                                               
PFD application during his years of incarceration.                                                                              
                                                                                                                                
MR. ROBERTS replied that he was not offered a PFD application.                                                                  
                                                                                                                                
3:11:19 PM                                                                                                                    
                                                                                                                                
NATASHA SINGH,  General Council, Tanana Chiefs  Conference (TCC),                                                               
stated  that  14  months  ago TCC  celebrated  the  release  from                                                               
incarceration  of the  four men  known  as the  Fairbanks Four  -                                                               
Marvin Roberts, George Frese, Eugene  Vent, and Kevin Pease.  She                                                               
relayed that  these men maintained  their innocence for  19 years                                                               
and were vindicated  after a five-week [hearing].   She said that                                                               
they  were   released  in  exchange  for   signing  an  agreement                                                               
releasing the  State of Alaska  from any civil  liability related                                                               
to the  prosecution or investigation  of their  cases; therefore,                                                               
they  cannot  seek  compensation   through  the  court  processes                                                               
available to most people.                                                                                                       
                                                                                                                                
MS.  SINGH  mentioned  that the  Fairbanks  Four  literally  left                                                               
prison with  the shirts  on their  backs, and  the state  did not                                                               
provide these men with assistance  in transitioning back into the                                                               
"real world."   She  added that  despite one's  proven innocence,                                                               
re-entry into society is profoundly  difficult for the wrongfully                                                               
convicted.   She maintained that  the failure to  compensate them                                                               
adds insult to  injury and opined that society  has an obligation                                                               
to compensate the wrongfully convicted.                                                                                         
                                                                                                                                
MS. SINGH  offered that for  Alaska to guarantee true  justice to                                                               
innocent  Alaskan men  and women  who  are falsely  incriminated,                                                               
wrongfully  convicted,  or  victimized  by  the  Alaska  criminal                                                               
justice system,  many areas of  that system must be  examined and                                                               
rehabilitated.    She  mentioned  that  there  are  charging  and                                                               
sentencing  disparities regarding  both  rural  and urban  Alaska                                                               
Natives  and to  all  Alaskans.   She  stated that  prosecutorial                                                               
misconduct  and   the  mechanism  for  accountability   of  state                                                               
officials need to be codified  with real and meaningful sanctions                                                               
available.  She  added that TCC will be  seeking criminal justice                                                               
reforms  and  statutory  changes.    She  mentioned  eye  witness                                                               
identification  and access  to  post conviction  deoxyribonucleic                                                               
acid (DNA) testing as two areas in need of reform.                                                                              
                                                                                                                                
MS.  SINGH  relayed that  she  has  personally witnessed  Marvin,                                                               
George,  Eugene,  and  Kevin  re-integrate  themselves  into  the                                                               
community of Fairbanks  and try to make  something of themselves.                                                               
She maintained  that they truly are  doing it on their  own.  She                                                               
expressed her  belief that they  are heroes who have  her respect                                                               
and the respect of the executive board of TCC.                                                                                  
                                                                                                                                
3:15:41 PM                                                                                                                    
                                                                                                                                
BILL  OBERLY,  Executive   Director,  Alaska  Innocence  Project,                                                               
stated that the proposed legislation  would correct an error made                                                               
by  the court  and subsequently  by the  Permanent Fund  Dividend                                                               
Division  (PFDD).   He  asserted  that the  men  and women  whose                                                               
convictions have been  vacated deserve the proposed  statute.  He                                                               
proclaimed, "The money is there, and  it is the right thing to do                                                               
to  give it  to them.   It  is their  money, in  fact, wrongfully                                                               
taken from them."  He contended that  it is the right thing to do                                                               
morally, as they  already have had years taken  from their lives,                                                               
and it  is the right thing  to do legally, since  they should not                                                               
have been  in prison,  and the  PFD should  not have  been denied                                                               
them.   He asserted  that HB  127 would correct  that error.   He                                                               
added  that this  money could  not be  put to  a better  use.   A                                                               
person  released after  wrongful incarceration  receives no  help                                                               
for his/her  transition and  no help  to return  to society.   He                                                               
urged  the  committee to  pass  HB  127  out  of committee.    He                                                               
reiterated that these  four men are truly heroes  in that despite                                                               
being wronged  terribly, they approach  each day with  a positive                                                               
attitude and  continue to struggle each  day in the face  of many                                                               
barriers.                                                                                                                       
                                                                                                                                
3:18:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  asked if  HB 127 is  the right  vehicle for                                                               
compensation.  He asked why  someone, who knew his/her conviction                                                               
was going to be overturned, would  give up his/her right to civil                                                               
litigation.   He  offered that  the PFD  money represents  such a                                                               
small component  of the  compensation truly  due them  because of                                                               
wrongful conviction.                                                                                                            
                                                                                                                                
MR.  OBERLY  replied  that  he   would  attempt  to  explain  the                                                               
situation  by  relating  what  the  presiding  judge  said  after                                                               
completion of the [five-week] hearing:   The judge shared that he                                                               
had not listened to any testimony  from the first three trials or                                                               
reviewed  the   two  dozen   motions  and   additional  testimony                                                               
submitted during  reconsideration of the  case.  He said  that it                                                               
would take  about six months to  hear all the testimony  and rule                                                               
on  all the  motions.   He stated  that he  would be  allowed six                                                               
months to  decide on  the case, but  that six-month  period would                                                               
not  start  until the  review  of  evidence  was completed.    He                                                               
relayed that  if he  has not made  a decision by  the end  of the                                                               
six-month  period, he  would  no longer  be  compensated for  his                                                               
work, but he  stated that he would not be  rushed into a decision                                                               
and had no problem working  without pay.  Through his statements,                                                               
the judge relayed  to the men and those in  the courtroom that it                                                               
could be a year or more before his decision.                                                                                    
                                                                                                                                
MR. OBERLY  said that  at that  time, three of  the men  had been                                                               
wrongfully  imprisoned for  18 years  -  Mr. Roberts  was out  on                                                               
parole.  He said they were  told they could "get out tomorrow and                                                               
spend their first  Christmas with their family in 18  years."  He                                                               
attested that  it was a  difficult decision  but said that  if it                                                               
were him, he would not want to spend another day in prison.                                                                     
                                                                                                                                
MR. OBERLY emphasized  that HB 127 is totally  independent of the                                                               
larger  issue of  compensation.   The proposed  legislation would                                                               
give them money that was  wrongfully taken from them because they                                                               
were  wrongfully  imprisoned.   He  contended  that it  is  their                                                               
money; they  are entitled to  it; and  it should never  have been                                                               
taken from them.                                                                                                                
                                                                                                                                
3:23:01 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS closed public testimony on HB 127.                                                                         
                                                                                                                                
3:23:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  asked how  much of the  PFD money  [for the                                                               
Fairbanks  Four] was  received by  the Department  of Corrections                                                               
(DOC) and if it would be  more appropriate to repay it from DOC's                                                               
budget rather than PFDD.                                                                                                        
                                                                                                                                
3:24:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCOTT  KAWASAKI,  Alaska  State  Legislature,  as                                                               
prime  sponsor of  HB 127,  explained that  PFD criminal  funds -                                                               
funds that  are withheld  from someone  incarcerated or  having a                                                               
felony  conviction -  are  paid  predominately to  DOC  and to  a                                                               
lesser extent  to the Violent  Crimes Compensation  Board (VCCB),                                                               
the  Alaska  Council  of Domestic  Violence  and  Sexual  Assault                                                               
(CDVSA),  the Office  of Victims'  Rights  (OVR), and  non-profit                                                               
victims' rights organizations.                                                                                                  
                                                                                                                                
REPRESENTATIVE KNOPP  asked if  it would  be more  appropriate to                                                               
repay the  funds from the DOC  budget or the Alaska  Court System                                                               
budget, since otherwise PFDD would be paying the amount twice.                                                                  
                                                                                                                                
REPRESENTATIVE KAWASAKI replied that under  HB 127, the source of                                                               
funding would be the Reserve  for Prior Year Dividend Liabilities                                                               
-  a fund  reserved for  PFDs  denied in  error and  subsequently                                                               
awarded.  He said the fund currently has $233,000.                                                                              
                                                                                                                                
3:25:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked  how the money would be  paid to the                                                               
four men and if there is enough money in the fund to do so.                                                                     
                                                                                                                                
REPRESENTATIVE  KAWASAKI  reiterated  that  the  balance  in  the                                                               
reserve  is about  $233,000, and  if the  Fairbanks Four  applied                                                               
under  the  proposed  legislation,   they  could  receive  up  to                                                               
$103,000  for the  18  years.   He  maintained  that  it is  very                                                               
difficult  to  predict   the  number  of  cases   that  would  be                                                               
applicable under HB  127, but staff has  estimated the following:                                                               
two in 2011;  two in 2012; zero  in 2013; two in 2014;  and 13 in                                                               
2015,  which includes  the  Fairbanks Four.    He mentioned  that                                                               
prior to 2011, there were about  two to three cases per year that                                                               
could potentially take advantage of HB 127 if passed.                                                                           
                                                                                                                                
3:28:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON expressed  her concern  that there  would                                                               
not be  enough money in  the reserve  fund for all  the potential                                                               
cases.  She stated that another  concern is whether the state has                                                               
a responsibility to solicit potential applicants under HB 127.                                                                  
                                                                                                                                
REPRESENTATIVE  KAWASAKI answered  that Department  of Law  (DOL)                                                               
staff informed  him that  if HB  127 passes,  ignorance is  not a                                                               
valid  argument for  neglecting to  apply for  the PFDs,  and the                                                               
state has no responsibility to solicit applications.                                                                            
                                                                                                                                
REPRESENTATIVE JOHNSON stated  her belief that there  should be a                                                               
fiscal note attached to HB 127.                                                                                                 
                                                                                                                                
REPRESENTATIVE KAWASAKI  commented that the  proposed legislation                                                               
is scheduled  for the House  Finance Standing Committee,  and the                                                               
fiscal note will be reviewed in that committee.                                                                                 
                                                                                                                                
3:31:30 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS asked  for more  information regarding  the                                                               
sufficiency of funds in the PFDD  reserve fund for payouts, if HB                                                               
127 passes.                                                                                                                     
                                                                                                                                
3:31:50 PM                                                                                                                    
                                                                                                                                
SARAH RACE,  Director, Permanent  Fund Dividend  Division (PFDD),                                                               
Department of  Revenue (DOR),  stated that  the amount  set aside                                                               
for the  reserve account  is calculated every  year based  on the                                                               
available  amount for  calculating the  per individual  dividend.                                                               
She explained that PFDD does  an analysis that considers not only                                                               
prior year  liabilities but the  potential number  of individuals                                                               
turning  18 for  whom their  parents or  sponsors did  not apply.                                                               
She  said  that  regarding  the proposed  legislation,  PFDD  may                                                               
either create another reserve account  or may increase the amount                                                               
available in the Reserve for Prior Year Dividend Liabilities.                                                                   
                                                                                                                                
3:32:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked how the  120-day filing period in the                                                               
proposed legislation was  derived.  She opined that it  is a very                                                               
short window.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI suggested  that  the  longer the  filing                                                               
period, the larger the potential payout.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  agreed that  with a longer  filing period,                                                               
more people who  are entitled to the payout would  know that they                                                               
are entitled  to it.   She  expressed her  concern that  with the                                                               
120-day filing period, the Fairbanks  Four may be the only people                                                               
who would apply for the payment under the proposed legislation.                                                                 
                                                                                                                                
REPRESENTATIVE KAWASAKI  said he is  not sure if there  are other                                                               
people  following  the progress  of  HB  127  as closely  as  the                                                               
Fairbanks Four.                                                                                                                 
                                                                                                                                
3:34:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  asked  if  there  are  any  conditions  or                                                               
provisions of  the settlement agreement [signed  by the Fairbanks                                                               
Four]   that   would   preclude  payment   under   the   proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI referred  to the  Alaska Superior  Court                                                               
settlement  document,  which  lists  eight  stipulations  of  the                                                               
agreement.  He said that  with the [signed] document, they agreed                                                               
not to sue the state.                                                                                                           
                                                                                                                                
REPRESENTATIVE BIRCH referred to  the sponsor statement and asked                                                               
Representative  Kawasaki  if  he  truly believes  the  PFD  is  a                                                               
defining characteristic of what it means to be an Alaskan.                                                                      
                                                                                                                                
REPRESENTATIVE  KAWASAKI  conceded  that   the  language  in  the                                                               
sponsor statement  might have been  "a little bit over  the top."                                                               
He said he  didn't think the PFD was  the defining characteristic                                                               
of being an Alaskan.                                                                                                            
                                                                                                                                
3:36:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  asked  if  everyone who  has  had  his/her                                                               
conviction overturned  or dismissed since the  first payment year                                                               
of 1982 would be eligible to apply for their PFDs under HB 127.                                                                 
                                                                                                                                
MS. RACE responded, "That is correct."                                                                                          
                                                                                                                                
REPRESENTATIVE KNOPP suggested that the  state has no idea of the                                                               
number of  people who would be  affected by HB 127  or the length                                                               
of incarceration  per person,  and he  asked, "What  happens when                                                               
this fund  runs dry?"  He  asked how the annual  recalculation of                                                               
the reserve was  performed.  He also asked for  an explanation of                                                               
payments reserved  for those  who did not  receive their  PFDs as                                                               
juveniles because their parent didn't apply.                                                                                    
                                                                                                                                
MS. RACE answered  that every year PFDD calculates  the amount of                                                               
money  to be  put  into  the reserve  account.    That amount  is                                                               
deducted  from  the  money  that  becomes  available  for  paying                                                               
dividends,  thus reducing  the individual  dividend amount.   She                                                               
said that  after the first year  under HB 127, PFDD  would have a                                                               
better idea of the amount that should be put into the reserve.                                                                  
                                                                                                                                
MS. RACE,  responding to Representative Knopp's  second question,                                                               
said  that  individuals  turning  18 may  apply  up  until  their                                                               
twenty-first birthday for  any PFDs that may have  been missed on                                                               
their  behalf.    For  these  individuals,  eligibility  must  be                                                               
determined for the years of application.                                                                                        
                                                                                                                                
3:38:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL,   paraphrasing  the  testimony   of  Deputy                                                               
Commissioner  Jerry Burnett,  Department of  Revenue, during  the                                                               
House State  Affairs Standing Committee meeting  of 2/28/17, said                                                               
that  if an  incarcerated person  applied for  his/her PFD  every                                                               
year,  then was  released  because of  an overturned  conviction,                                                               
he/she could  appeal previous PFD  denials.   Representative Wool                                                               
asked Ms.  Race if many  prisoners apply for  PFDs.  He  asked if                                                               
they are given the opportunity and access to a computer.                                                                        
                                                                                                                                
MS.  RACE  replied  that  PFDD  does  receive  applications  from                                                               
incarcerated individuals, and  correctional facilities do request                                                               
applications for prisoners.                                                                                                     
                                                                                                                                
REPRESENTATIVE WOOL  expressed his  understanding that  those who                                                               
are incarcerated  are not eligible  for a PFD.   He asked  why an                                                               
incarcerated person  would receive an application  if ineligible,                                                               
and if some  get applications, why wouldn't all of  them be given                                                               
applications.                                                                                                                   
                                                                                                                                
MS. RACE  responded that many  ineligible people apply  for PFDs,                                                               
and PFDD  encourages these applications, because  that gives PFDD                                                               
the opportunity to determine eligibility.                                                                                       
                                                                                                                                
REPRESENTATIVE  WOOL suggested  that he  may be  mistaken in  his                                                               
assumption that  anyone in a  long-term correctional  facility is                                                               
ineligible for a PFD.                                                                                                           
                                                                                                                                
MS.  RACE said  eligibility, regarding  incarcerated individuals,                                                               
depends  on   timing.     She  stated   that  one   criterion  of                                                               
ineligibility is  that during the qualifying  year, an individual                                                               
has been  sentenced because of  a conviction of  a felony.   If a                                                               
person  is both  sentenced  and incarcerated  in  the same  year,                                                               
he/she may  be ineligible for  that year's PFD.   If incarcerated                                                               
for  more years,  then the  ineligibility would  be extended  for                                                               
those years.                                                                                                                    
                                                                                                                                
3:42:43 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS relayed  that if  someone was  incarcerated                                                               
for a  felony but knew he/she  was innocent, it would  be in that                                                               
person's best interest  to apply every year  until evidence might                                                               
vindicate  him/her.   This  would  allow retroactive  eligibility                                                               
upon appeal of PFD denials and subsequent payments.                                                                             
                                                                                                                                
MS. RACE  responded, "That is  correct."   She said that  in this                                                               
scenario, the applicant  would have received a  denial letter for                                                               
every  year of  application,  and the  denial  letter would  have                                                               
explained  the reasons  for denial.   She  confirmed that  at the                                                               
time the conviction was overturned,  the person could appeal each                                                               
year of PFD denial.                                                                                                             
                                                                                                                                
3:43:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked if  anyone  eligible  for the  PFD                                                               
under HB  127 would  be paid a  PFD for any  period spent  out of                                                               
state.                                                                                                                          
                                                                                                                                
MS. RACE answered that in  that situation, the inmate would still                                                               
be in the state's custody.                                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  for  clarification  regarding  the                                                               
scenario  of someone  in prison  filing a  PFD application  every                                                               
year  believing that  he/she will  ultimately be  exonerated, and                                                               
the applications are denied.  She  asked if there is a time limit                                                               
to appeal  a PFD denial.   She suggested that either  the appeals                                                               
would be denied because the  person is still incarcerated, or the                                                               
time would  have expired for  most of the  years by the  time the                                                               
person  has been  exonerated.   She  offered that  in that  case,                                                               
applying for a  PFD for all those years would  not put the person                                                               
at any advantage.                                                                                                               
                                                                                                                                
MS. RACE confirmed  that an individual has 30 days  from the date                                                               
of receipt  of a PFD denial  letter to start the  appeal process.                                                               
She  added,  however,  that an  additional  regulation  gives  an                                                               
individual, who  is in the situation  described by Representative                                                               
LeDoux,  60 days  from the  time of  an overturned  conviction to                                                               
begin the PFD appeal process.                                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  if   any  of  the   21  potential                                                               
recipients  of PFDs  under  HB 127  might  have already  appealed                                                               
under the regulation cited by Ms. Race.                                                                                         
                                                                                                                                
REPRESENTATIVE  KAWASAKI  responded  that  he did  not  know  the                                                               
answer.                                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX asked how  many people have taken advantage                                                               
of  the  regulation -  that  is,  were  exonerated and  then  re-                                                               
appealed their PFD denials.                                                                                                     
                                                                                                                                
3:48:58 PM                                                                                                                    
                                                                                                                                
MS. RACE replied  that she didn't have that number  but could try                                                               
to find  out from  the Dividend  Enforcement, Review  and Appeals                                                               
Unit.                                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX asked the sponsor to reconsider the 120-                                                                  
day  period for  PFD application  under HB  127.   She questioned                                                               
whether  that  was  an appropriate  amount  of  time  considering                                                               
minors  are given  three  years  to apply  after  turning 18,  if                                                               
applications were not filed in their behalf.                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS asked  if  anyone has  been reimbursed  for                                                               
PFDs after being exonerated.                                                                                                    
                                                                                                                                
MS. RACE responded  that she is not aware of  any such occurrence                                                               
but could research the question.                                                                                                
                                                                                                                                
3:50:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WOOL  said   that  he   fully  appreciates   the                                                               
unreasonable  expectation for  someone  in prison  taking on  the                                                               
responsibility  of requesting  and completing  a PFD  application                                                               
year after  year, only to  be denied.   He offered that  with the                                                               
individual's  involvement in  all the  legal processes  necessary                                                               
for  having his/her  conviction  overturned and  the many  issues                                                               
flooding his/her life after exoneration  and release, finding the                                                               
PFD  denial   letters  and  pursuing   the  PFD   appeal  process                                                               
understandably might  be delayed.   He  opined that  the proposed                                                               
legislation is needed,  and he agreed that the  120-day period is                                                               
too short.                                                                                                                      
                                                                                                                                
3:52:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  said, "Somebody  that  isn't  here is  the                                                               
person who ...  started it all, and that's  the deceased person."                                                               
He cited one  stipulation of the settlement  agreement [signed by                                                               
the  Fairbanks Four]  and said,  "The  petitioners stipulate  and                                                               
agree  that the  original  jury verdicts  and  the judgements  of                                                               
conviction were properly  and validly entered based  on the proof                                                               
beyond reasonable  doubt."  He agreed  with Representative Wool's                                                               
assessment of the difficulty of  filing for PFDs while in prison,                                                               
and  he  stated  that  HB  127 would  be  an  appropriate  remedy                                                               
[regarding  the  wrongfully  convicted].     He  reiterated,  "We                                                               
shouldn't  lose sight  of the  fact  that ...  there is  somebody                                                               
that's not  here ...  a young  man that was  lost in  some crime,                                                               
some time ago in the past."                                                                                                     
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK moved to report  HB 127 out of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection, HB 127  was reported out of  the House                                                               
State Affairs Standing Committee.                                                                                               
                                                                                                                                
                                                                                                                                
            HB 112-SEXUAL ASSAULT BY PEACE OFFICERS                                                                         
                                                                                                                                
3:54:30 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE  BILL NO. 112, "An Act relating  to sexual assault                                                               
by a peace officer against a  person who is a victim, witness, or                                                               
perpetrator of a crime."                                                                                                        
                                                                                                                                
3:54:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MATT  CLAMAN, Alaska  State Legislature,  as prime                                                               
sponsor of HB 112, paraphrased  from paragraph one of the sponsor                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     House Bill  112 adds specific language  to AS 11.41.425                                                                    
     and AS  11.41.427 criminalizing sexual  penetration and                                                                    
     sexual contact  with victims, witnesses,  or defendants                                                                    
     under  active   investigation  by  a   law  enforcement                                                                    
     officer,  effectively clearing  up a  gray area  in the                                                                    
     law. Current law  criminalizes police sexual misconduct                                                                    
     through two  mechanisms: 1. coercion- it  is considered                                                                    
     sexual assault if an individual  is coerced into sexual                                                                    
     contact or intercourse  by threat of arrest,  or, 2. in                                                                    
     custody-it  is   considered  sexual  assault   for  law                                                                    
     enforcement to  have sexual contact  with a  person who                                                                    
     is  in their  custody or  apparent custody.  Neither of                                                                    
     these instances addresses the use  of sexual contact as                                                                    
     an investigative  tool. There have been  reports of law                                                                    
     enforcement officers  engaging in sexual  contact prior                                                                    
     to  arrest,   especially  in  instance   of  undercover                                                                    
     operations, without repercussion.                                                                                          
                                                                                                                                
REPRESENTATIVE  CLAMAN concluded  by saying  that passing  HB 112                                                               
would clarify  a gray area  regarding misconduct to  protect both                                                               
law enforcement officers and the public.                                                                                        
                                                                                                                                
3:55:57 PM                                                                                                                    
                                                                                                                                
OWEN PHILLIPS,  Staff, Representative  Matt Claman,  Alaska State                                                               
Legislature, on  behalf of  Representative Claman,  prime sponsor                                                               
of  HB  112,  paraphrased  from paragraph  four  of  the  sponsor                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The  goal in  passing House  Bill 112  is clarifying  a                                                                    
     gray   area  regarding   misconduct   to  protect   law                                                                    
     enforcement and  the public alike. This  bill serves to                                                                    
     protect  potential  victims   of  sexual  assault,  and                                                                    
     provide clear  guidelines to law enforcement  to ensure                                                                    
     integrity and public confidence.                                                                                           
                                                                                                                                
MR. PHILLIPS  went on to say  that currently Alaska law  does not                                                               
explicitly   prohibit   the  use   of   sexual   contact  as   an                                                               
investigative  tool.   He stated  that  a research  study at  the                                                               
University of Alaska Fairbanks (UAF)  demonstrated that a quarter                                                               
of the study's  40 participants, comprised of  current and former                                                               
sex  workers,  had been  sexually  assaulted  by law  enforcement                                                               
officers.   He referred  to the Community  United for  Safety and                                                               
Protection  (CUSP)  report,   titled  "Expanding  Protection  for                                                               
Sexual Assault Victims  A Report in Support of AK  House Bill 112                                                               
2/23/17," which details some of those assaults.                                                                                 
                                                                                                                                
MR. PHILLIPS  expressed his belief  that there is  strong support                                                               
for HB  112 and paraphrased  from paragraph three of  the sponsor                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     In  addition,  a  Hays Research  Group  survey  of  900                                                                    
     Alaskans  showed that  92.9% were  unaware that  police                                                                    
     were  allowed to  have sex  during prostitution  stings                                                                    
     and 90.2%  felt that it  should be against the  law for                                                                    
     law  enforcement to  have  sexual  contact with  people                                                                    
     they are investigating.                                                                                                    
                                                                                                                                
4:00:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX referred  to the results of  the UAF survey                                                               
described in paragraph  two of the sponsor  statement, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     A research study at the  University of Alaska Fairbanks                                                                    
     surveyed a  diverse group 40  people who had  worked in                                                                    
     Alaska's  sex trade.  Of  those  individuals, 26%  said                                                                    
     they had  been sexually assaulted by  a law enforcement                                                                    
     officer.  60%   of  those  who  had   been  coerced  or                                                                    
     manipulated, and 50%  of those who had  been forced had                                                                    
     been sexually assaulted by an officer.                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked if  those  who  have been  sexually                                                               
assaulted  by  a  law enforcement  officer  are  "covered"  under                                                               
current law.                                                                                                                    
                                                                                                                                
4:01:50 PM                                                                                                                    
                                                                                                                                
HILARY MARTIN,  Attorney, Legislative Legal  Counsel, Legislative                                                               
Legal Services,  Legislative Affairs  Agency, answered  that past                                                               
instances of sexual assault are covered  under the law as it read                                                               
when the acts were committed.   She added that HB 112 would apply                                                               
to offenses that  occurred on or after the effective  date of the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX requested an  explanation of the statistics                                                               
in paragraph  two of the sponsor  statement and asked if  all the                                                               
individuals  represented by  the  percentages  are covered  under                                                               
current law.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  responded  that  it  is  a  challenge  to                                                               
determine  consensual versus  coercive  conduct in  a sex  worker                                                               
population.  He  offered that the intent of HB  112 is to provide                                                               
protection  in  instances where  consent  is  a more  complicated                                                               
issue, rather than to address more violent sexual assaults.                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX  offered that she does  not understand what                                                               
paragraph  two [of  the sponsor  statement]  has to  do with  the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
4:04:08 PM                                                                                                                    
                                                                                                                                
TERRA  BURNS,  Community  United for  Safety  Protection  (CUSP),                                                               
stated that she  conducted the UAF research cited  in the sponsor                                                               
statement.   She  relayed that  a quarter  of those  surveyed had                                                               
been sexually assaulted  by a police officer,  and those surveyed                                                               
used their own  definition of sexual assault rather  than a legal                                                               
definition.   She said that about  30 percent of the  sex workers                                                               
surveyed met  the legal  definition of  a sex  trafficking victim                                                               
due  to being  victims of  force, fraud,  or coercion  within the                                                               
industry.    Of  those  30 percent,  60  percent  reported  being                                                               
sexually assaulted by a peace officer.                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  what definition  of sexual  assault                                                               
the survey used.                                                                                                                
                                                                                                                                
MS. BURNS  answered that  the survey  respondents used  their own                                                               
definition,  and no  legal definition  was  given to  them.   She                                                               
relayed two  of the questions  asked:   "Have you had  an officer                                                               
collect  a   freebie  from  you   during  a   prostitution  sting                                                               
operation?"  and "Have  you been  sexually assaulted  by a  peace                                                               
officer?"   She  asserted  that there  was  a strong  correlation                                                               
between the two questions regarding the answers given.                                                                          
                                                                                                                                
4:05:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  referred to paragraph three  in the sponsor                                                               
statement and asked  for verification that 10 percent  of the 900                                                               
people  surveyed thought  it was  acceptable for  law enforcement                                                               
officers   to  have   sexual  contact   with  individuals   under                                                               
investigation.                                                                                                                  
                                                                                                                                
MS. BURNS  replied that 6.4  percent of those surveyed  said that                                                               
[sexual contact  in these instances]  should not be  illegal, and                                                               
3.5 percent said they did not know or refused to answer.                                                                        
                                                                                                                                
4:07:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL referred  to the  title of  the bill,  which                                                               
read,  "An Act  relating to  sexual  assault by  a peace  officer                                                               
against a  person who is a  victim, witness, or perpetrator  of a                                                               
crime."   He asked  if HB  112 refers  to any  crime or  just sex                                                               
crimes.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN answered  that HB 112 refers  to any crime.                                                               
He  gave as  an example  the Alaska  Supreme Court  case of  2014                                                               
[State of  Alaska v. Public Safety  Employees Association], which                                                             
is  described  in  the  Alaska   Dispatch  News  article,  titled                                                             
"Supreme Court:  Trooper shouldn't have  been fired for  sex with                                                               
domestic violence  victim" and included in  the committee packet.                                                               
He explained that  this case involved a trooper  who responded to                                                               
a  domestic violence  incident.   The trooper  returned the  next                                                               
morning,  out of  uniform,  to talk  to the  victim,  and he  had                                                               
sexual intercourse with her at that time.                                                                                       
                                                                                                                                
REPRESENTATIVE WOOL  posed the hypothetical situation:   A liquor                                                               
store is robbed,  and the clerk is  a witness to the  crime.  The                                                               
police officer investigating the  crime takes the clerk's witness                                                               
account.   The investigation  is open for  six months  or longer.                                                               
The officer happens to go into  the liquor store six months later                                                               
and  strikes up  a conversation  with the  witness of  the crime.                                                               
The case is still unresolved.   He decides to date the witness as                                                               
a private  citizen.  Representative  Wool asked if under  HB 112,                                                               
it  would  be   illegal  for  that  police  officer   to  have  a                                                               
relationship with the witness.                                                                                                  
                                                                                                                                
REPRESENTATIVE CLAMAN  said that he  and his staff  are exploring                                                               
options   for  addressing   situations  such   as  presented   by                                                               
Representative  Wool, both  regarding  active investigations  and                                                               
dormant investigations.  He expressed  his belief that there is a                                                               
gray  area  regarding the  point  at  which an  investigation  is                                                               
dormant.  He  said that the concern is  regarding police officers                                                               
using their positions of influence  to engage in sexual relations                                                               
at  a  time  when  they   are  still  actively  involved  in  the                                                               
investigation.                                                                                                                  
                                                                                                                                
4:10:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   if   HB  112   would  apply   to                                                               
investigations of traffic accidents.                                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN  pointed out that  Section 1 and  Section 2                                                               
of HB 112 reference "a  crime under investigation," and he stated                                                               
that a traffic accident is not a crime.                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX mentioned  that  "reckless  driving" is  a                                                               
crime.  She  expressed her concern that  the proposed legislation                                                               
be  limited to  truly  egregious situations  as  opposed to  more                                                               
routine situations.                                                                                                             
                                                                                                                                
REPRESENTATIVE CLAMAN  responded that it  was for that  reason HB                                                               
112 specifically  refers to criminal  situations in  which police                                                               
are involved, as opposed to civil situations.                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX offered  the situation  in which  a police                                                               
officer  was investigating  a vehicular  assault.   She  conceded                                                               
that while a police officer asking  for a "freebie" was "a pretty                                                               
tacky  thing to  be doing,"  asking a  witness for  a date  weeks                                                               
after the event "doesn't sound all that awful."                                                                                 
                                                                                                                                
REPRESENTATIVE  CLAMAN   responded  that   Representative  LeDoux                                                               
raised  good  points.    He  said  that  there  are  many  issues                                                               
regarding employment  place conduct and using  positions of power                                                               
and authority  inappropriately.  He  opined that in  the scenario                                                               
described by Representative LeDoux,  most people would agree that                                                               
a public safety officer asking a  witness out two weeks after the                                                               
investigation would be  too soon and would be  considered using a                                                               
position of authority inappropriately.   He added that he did not                                                               
know police departments' views on this.                                                                                         
                                                                                                                                
4:14:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL asked  if  it is  appropriate  for a  police                                                               
officer, in  the course of an  investigation, to have sex  with a                                                               
prostitute to prove that he/she is a prostitute.                                                                                
                                                                                                                                
REPRESENTATIVE CLAMAN  answered that this  is a gray area  in the                                                               
statute  as it  is currently  written, and  he attested  that the                                                               
intent  of  the proposed  legislation  is  to make  this  clearly                                                               
illegal.                                                                                                                        
                                                                                                                                
REPRESENTATIVE WOOL asked if it is  legal for a police officer to                                                               
use drugs  in the  course of  a drug sting  operation.   He added                                                               
that he was not  aware that it was legal for  a police officer to                                                               
engage in  sex with  a prostitute  in the  interest of  making an                                                               
arrest.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN said  that his office has yet  to receive a                                                               
clear answer regarding  the use of drugs  by undercover officers.                                                               
He maintained  that the intent of  HB 112 is to  address just the                                                               
one issue - sexual assault by a peace officer.                                                                                  
                                                                                                                                
4:17:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KNOPP   referred  to   Representative   LeDoux's                                                               
question  about a  car  accident, and  he  maintained that  until                                                               
charges are actually filed, there  is no crime, only a suspicion.                                                               
He  opined  that  a police  officer  should  exercise  discretion                                                               
regarding relationships with anyone  involved in the accident, if                                                               
it  is  still  being  actively  investigated.   He  asked  if  an                                                               
incident is a crime, if charges have not yet been filed.                                                                        
                                                                                                                                
REPRESENTATIVE CLAMAN  maintained that  the existence of  a crime                                                               
is not  dependent on charges  filed.   He offered that  there are                                                               
many  incidents that  everyone  would consider  a  crime and  for                                                               
which no charges have been filed.                                                                                               
                                                                                                                                
4:19:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to  his  scenario  regarding  the                                                               
liquor store  robbery.  He suggested  that over the course  of an                                                               
investigation, a  relationship could  develop between  the police                                                               
officer and the witness that  is not exploitive or coercive, like                                                               
a patient  developing a relationship with  his/her caregiver over                                                               
time.  He  stated that under HB 112, the  police officer would be                                                               
committing a crime.  He commented  that although the intent of HB                                                               
112 is to  prevent crimes against sex workers, it  could apply to                                                               
situations that are "more nuanced."                                                                                             
                                                                                                                                
REPRESENTATIVE   CLAMAN   suggested   that   the   liquor   store                                                               
investigation might conclude quickly.                                                                                           
                                                                                                                                
REPRESENTATIVE WOOL agreed, but he  suggested that it "seems kind                                                               
of silly" for  the police officer to have to  wait for someone to                                                               
be arrested to ask the witness out.                                                                                             
                                                                                                                                
REPRESENTATIVE  CLAMAN  responded  that his  staff  is  reviewing                                                               
issues such as have been presented.                                                                                             
                                                                                                                                
4:21:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked for  someone from  Legislative Legal                                                               
and  Research Services  to give  an  opinion on  whether a  "gray                                                               
area"  exists in  current statute  [relating to  the legality  of                                                               
sexual  contact by  a law  enforcement officer  with the  victim,                                                               
witness,  or  defendant under  active  investigation  by the  law                                                               
enforcement officer].                                                                                                           
                                                                                                                                
4:22:23 PM                                                                                                                    
                                                                                                                                
MS.  MARTIN  answered  that she  believes  there  are  unanswered                                                               
questions  regarding active  sting operations.   She  referred to                                                               
the example of  an undercover drug sting operation  and said that                                                               
law  enforcement officers  are  not usually  arrested for  buying                                                               
drugs during the  operations.   She maintained that  the crime of                                                               
prostitution does not  require the act to be  committed, but only                                                               
the offering of [prostitution] services.                                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked why  HB  112  would apply  only  to                                                               
police officers and  not district attorneys.   She suggested that                                                               
district attorneys could conceivably date witnesses.                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN replied  that the concerns that  led to the                                                               
introduction of HB 112 involved  police officers.  He stated that                                                               
his office  has not received  any reports of similar  issues with                                                               
prosecutors.   He added  that if  his staff  receives information                                                               
suggesting a  similar problem regarding prosecutors,  it could be                                                               
added to the proposed legislation.                                                                                              
                                                                                                                                
4:25:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked why  HB  112  would be  limited  to                                                               
investigations.   She added that  when someone has  been charged,                                                               
the investigation is  theoretically over, but a  trial could last                                                               
a long time.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN responded that  limiting the application of                                                               
HB  112  to investigations  was  an  attempt to  exclude  dormant                                                               
investigations.                                                                                                                 
                                                                                                                                
4:26:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TUCK   asked   if   HB  112   would   apply   to                                                               
Transportation Security Administration (TSA) agents.                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN answered  that it is not  entirely clear if                                                               
TSA officers would be investigating crimes.                                                                                     
                                                                                                                                
4:27:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  expressed his  support  for  HB 112.    He                                                               
related  an incident  occurring  in Anchorage  involving a  rogue                                                               
police  officer,  Anthony  Rollins,  which cost  the  city  $5-10                                                               
million in  legal fees.   Representative  Birch relayed  that the                                                               
officer  was  found  in  a  compromising  position  in  a  police                                                               
facility by  a supervisor, who then  walked out.  He  asked if HB                                                               
112 would make that kind of engagement clearly illegal.                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN mentioned that  Mr. Rollins was charged and                                                               
convicted  with first  degree and  possibly second  degree sexual                                                               
assault, which are  crimes under current statutes.   He said that                                                               
HB 112 would  address third and fourth degree  sexual assaults so                                                               
would   not  have   affected   that  case.      He  agreed   with                                                               
Representative Birch  that HB 112 would  provide additional tools                                                               
for sexual assault convictions.                                                                                                 
                                                                                                                                
4:30:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  stated  that  he  supports  HB  112.    He                                                               
asserted that  HB 112 would  make the  law "black and  white" for                                                               
police officers  regarding contact  with a  witness, perpetrator,                                                               
or victim during the active investigation of a crime.                                                                           
                                                                                                                                
4:30:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON stated  that  she  supports the  proposed                                                               
legislation as  it relates  to sex workers.   She  suggested that                                                               
committee  discussion  has  identified the  need  for  additional                                                               
language  to  clarify  the  statutes  as  they  relate  to  other                                                               
situations.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CLAMAN agreed  and suggested  that perhaps  using                                                               
the phrase "active investigation" would  narrow down the scope of                                                               
the  proposed  legislation  so   that  it  better  addresses  the                                                               
scenarios presented by committee members.                                                                                       
                                                                                                                                
4:33:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX stated  that she supports the  intent of HB                                                               
112.    She   said  that  she  has  a  problem   with  "just  the                                                               
investigation" portion  of it.   She said, "I can't  imagine that                                                               
it  would be  okay for  a law  enforcement officer  to have  sex,                                                               
consensual or not, with somebody  who's actually been charged and                                                               
is on trial."   She added, "Maybe the investigation  is over, but                                                               
there's  a  trial  ...."   She  suggested  that  situation  might                                                               
constitute an unintended loophole.                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN conceded that  the committee has posed good                                                               
questions,  and  he  said  his  staff  will  be  consulting  with                                                               
Legislative Legal and Research Services on the issues raised.                                                                   
                                                                                                                                
[HB 112 was held over.]                                                                                                         
                                                                                                                                
            HB   1-ELECTION REGISTRATION AND VOTING                                                                         
                                                                                                                                
4:34:52 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would be HOUSE  BILL NO. 1, "An Act relating  to absentee voting,                                                               
voting,  and   voter  registration;  relating  to   early  voting                                                               
locations  at  which  persons  may  vote  absentee  ballots;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:35:45 PM                                                                                                                    
                                                                                                                                
KENDRA KLOESTER,  Staff, Representative Chris Tuck,  Alaska State                                                               
Legislature, on  behalf of Representative Tuck,  prime sponsor of                                                               
HB 1,  provided the  committee with a  sectional analysis  of the                                                               
proposed  committee  substitute  (CS)   for  HB  1,  labeled  30-                                                               
LS0070\D, Bullard,  3/6/17 [hereafter referred to  as Version D].                                                               
She reported  the following:   Section 1, which relates  to same-                                                               
day voter registration, would remain  unchanged; Section 2, which                                                               
relates to electronic signature  and options for individuals with                                                               
no  Division  of  Motor  Vehicle  (DMV)  licenses,  would  remain                                                               
unchanged;  and   Section  3,  which  requires   same-day  voting                                                               
registrants to  vote on  a questioned  ballot, also  would remain                                                               
unchanged.                                                                                                                      
                                                                                                                                
MS. KLOESTER relayed  that Sections 4-7 would be  new sections in                                                               
HB 1  to make conforming  changes to  the sections of  Chapter 15                                                               
related  to  same-day voter  registration.    She explained  that                                                               
Section  8 would  change  the term  "absentee  voting" to  "early                                                               
voting"  to provide  more clarity  for the  public regarding  the                                                               
voting terms  - absentee-in-person  voting, absentee  voting, and                                                               
early voting -  and to promote understanding of  the early voting                                                               
process.                                                                                                                        
                                                                                                                                
MS.  KLOESTER  said  that  Section  9  would  be  a  new  section                                                               
requiring a voter,  who registers and votes  a questioned ballot,                                                               
to sign  a declaration of  residency with the  understanding that                                                               
falsification  of  information  on   the  voter  registration  is                                                               
considered a  Class A misdemeanor.   She stated that  Sections 10                                                               
and  11  would  address  the   requirements  for  submitting  the                                                               
declaration described in  Section 9.  She  mentioned that Section                                                               
12-15  would change  the terminology  from  "absentee voting"  to                                                               
"early voting".                                                                                                                 
                                                                                                                                
MS. KLOESTER  stated that  Section 16,  included in  the original                                                               
version of HB  1, would provide on the absentee  ballot an option                                                               
for  the applicant  to automatically  receive an  absentee ballot                                                               
every  year.   She added  that Version  D would  include language                                                               
that  an applicant  could  be  taken off  the  list of  recurring                                                               
ballot mailings if his/her address became "bad."                                                                                
                                                                                                                                
MS.  KLOESTER  relayed the  following:    Section 17  would  make                                                               
conforming  changes  for  voter registration;  Section  18  would                                                               
address the definition of electronic  signature; Section 19 would                                                               
clarify "early"  versus "absentee  voting" language;  and Section                                                               
20 would amend  AS 29.26.050 to add a new  subsection (d) related                                                               
to same-day  voter registration.   She explained that  Section 21                                                               
would repeal AS  29.26.050(a)(3) due to the  proposed addition of                                                               
subsection (d) by Section 20.   She said that Sections 22 and 23,                                                               
providing  an effective  date  and  transitional language,  would                                                               
remain unchanged.                                                                                                               
                                                                                                                                
4:42:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH asked  to what  extent Version  D has  been                                                               
coordinated with the Office of the Lieutenant Governor.                                                                         
                                                                                                                                
MS.  KLOESTER replied  that she  has been  working with  Director                                                               
Josie Bahnke and other staff  in the Division of Elections (DOE).                                                               
She  offered  that Ms.  Bahnke  could  provide information  about                                                               
communication  with Lieutenant  Governor  Byron  Mallott and  his                                                               
staff regarding  Version D.   She added that  before introduction                                                               
of  HB 1,  Representative Tuck's  staff met  with the  lieutenant                                                               
governor,  his staff,  Claire Richardson,  and the  Alaska Native                                                               
Claims Settlement Act (ANCSA) Regional  Association to review the                                                               
changes and provide updates.                                                                                                    
                                                                                                                                
4:43:36 PM                                                                                                                    
                                                                                                                                
JOSIE BAHNKE,  Director, Division  of Elections (DOE),  Office of                                                               
the Lieutenant  Governor, responded that the  lieutenant governor                                                               
has been briefed on  HB 1.  She added that DOE  staff has not had                                                               
the  opportunity to  fully analyze  Version D  and attended  this                                                               
hearing  to  better  understand  it.   She  asserted  that  after                                                               
briefly reviewing Version D, she  has identified some significant                                                               
and  interrelated administrative  and drafting  issues but  added                                                               
that her  staff will continue working  with Representative Tuck's                                                               
Office to resolve these issues.                                                                                                 
                                                                                                                                
4:45:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  said  that  he has  issues  with  same-day                                                               
registration, and he asked if  same-day registration would mean a                                                               
person could vote the same day as he/she registered to vote.                                                                    
                                                                                                                                
MS. BAHNKE  answered affirmatively  and added that  currently one                                                               
must register 30 days before voting in an election.                                                                             
                                                                                                                                
REPRESENTATIVE  KNOPP  stated that  he  is  not comfortable  with                                                               
requiring  only an  affidavit  declaring  residency for  same-day                                                               
voting.   He  asked  if the  proposed  legislation could  require                                                               
documentation  to  demonstrate  residency,   such  as  a  current                                                               
utility  bill,  a   bank  statement,  a  local   paycheck,  or  a                                                               
government  check.   He added  that he  would prefer  a six-month                                                               
residency requirement  for voting  eligibility in a  district, as                                                               
that would  give the voter  more familiarity with  the candidates                                                               
and issues.                                                                                                                     
                                                                                                                                
MS. KLOESTER replied that there  are states that require a person                                                               
to show a  utility bill or identification to register  to vote on                                                               
the same  day.   She suggested  that Representative  Tuck's staff                                                               
could explore that possibility  with Representative Knopp's staff                                                               
and DOE.                                                                                                                        
                                                                                                                                
4:48:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK, as  prime  sponsor of  HB  1, reminded  the                                                               
committee  members that  a  person  must be  a  resident 30  days                                                               
before the election to vote, and  that would not change under the                                                               
proposed legislation.   He stated that  he is open to  changes to                                                               
the  proposed legislation  regarding  how and  when residency  is                                                               
established for voter registration.                                                                                             
                                                                                                                                
4:49:08 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:49 p.m. to 4:50 p.m.                                                                       
                                                                                                                                
4:50:27 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS stated that HB 1 was held over.                                                                            
                                                                                                                                
4:51:33 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 4:51                                                                  
p.m.