Legislature(2019 - 2020)GRUENBERG 120

03/12/2019 03:00 PM STATE AFFAIRS

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Audio Topic
03:07:45 PM Start
03:09:07 PM Confirmation Hearing(s)
03:09:32 PM Commissioner, Department of Administration
03:10:09 PM Commissioner, Department of Corrections
03:12:39 PM HB20
04:00:53 PM HJR9
04:15:32 PM HB57
04:24:17 PM HB83
04:41:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 20 SEXUAL ASSAULT EXAMINATION KITS TELECONFERENCED
Heard & Held
+= HJR 9 ELIZABETH PERATROVICH COMMEMORATIVE COIN TELECONFERENCED
Moved CSHJR 9(STA) Out of Committee
-- Public Testimony --
+= HB 57 CHILD LABOR HOURS TELECONFERENCED
Heard & Held
*+ HB 83 PROHIBIT VOTING BY FACSIMILE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 12, 2019                                                                                         
                           3:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Zack Fields, Co-Chair                                                                                            
Representative Jonathan Kreiss-Tomkins, Co-Chair                                                                                
Representative Gabrielle LeDoux                                                                                                 
Representative Andi Story                                                                                                       
Representative Adam Wool                                                                                                        
Representative Sarah Vance                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Laddie Shaw                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Department of Administration                                                                                           
                                                                                                                                
     Kelly Tshibaka - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Department of Corrections                                                                                              
                                                                                                                                
     Nancy Dahlstrom - Eagle River                                                                                              
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20                                                                                        
"An Act relating  to sexual assault; relating  to the definitions                                                               
of  'without  consent'  and 'consent';  relating  to  failure  to                                                               
report a violent  crime; relating to sexual  misconduct under the                                                               
code of  military justice; requiring law  enforcement agencies to                                                               
test sexual  assault examination kits; requiring  notification of                                                               
completion  of testing;  relating to  reports on  untested sexual                                                               
assault examination kits; and providing for an effective date."                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 9                                                                                                    
Requesting the United States Secretary of the Treasury to mint                                                                  
not less than 5,000,000 $1 coins honoring Elizabeth Peratrovich                                                                 
under the Native American $1 Coin Act.                                                                                          
                                                                                                                                
     - MOVED CSHJR 9(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 57                                                                                                               
"An Act relating to expanding the period in a day during which                                                                  
an employed child under 16 years of age may perform work in the                                                                 
summer; and providing for an effective date."                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 83                                                                                                               
"An Act relating to voting by electronic transmission in a state                                                                
election; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 20                                                                                                                   
SHORT TITLE: SEXUAL ASSAULT EXAMINATION KITS                                                                                    
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
02/20/19       (H)       PREFILE RELEASED 1/7/19                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       STA, FIN                                                                                               
03/11/19       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
03/11/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/19       (H)       STA, FIN                                                                                               
03/12/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HJR 9                                                                                                                   
SHORT TITLE: ELIZABETH PERATROVICH COMMEMORATIVE COIN                                                                           
SPONSOR(s): REPRESENTATIVE(s) JOHNSON                                                                                           
                                                                                                                                
02/27/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/19       (H)       STA                                                                                                    
03/05/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/05/19       (H)       Heard & Held                                                                                           
03/05/19       (H)       MINUTE(STA)                                                                                            
03/12/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 57                                                                                                                   
SHORT TITLE: CHILD LABOR HOURS                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) WILSON                                                                                            
                                                                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       STA, L&C                                                                                               
03/05/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/05/19       (H)       Heard & Held                                                                                           
03/05/19       (H)       MINUTE(STA)                                                                                            
03/12/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 83                                                                                                                   
SHORT TITLE: PROHIBIT VOTING BY FACSIMILE                                                                                       
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS                                                                                    
                                                                                                                                
03/06/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/19       (H)       STA                                                                                                    
03/12/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GERAN TARR                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SSHB 20, as prime sponsor, with                                                                
the use of a PowerPoint presentation.                                                                                           
                                                                                                                                
DICK HANSCOM                                                                                                                    
Fairbanks Coin Club                                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
                                                                                                                                
PAULETTE MORENO, President                                                                                                      
Alaska Native Sisterhood                                                                                                        
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
                                                                                                                                
LIBERTY SKELLIE                                                                                                                 
4-H                                                                                                                             
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HJR 9                                                                            
                                                                                                                                
STEPHEN BRUNANSKI, President                                                                                                    
Fairbanks Coin Club                                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Summarized HB 57 as prime sponsor.                                                                       
                                                                                                                                
JOHN SCANLON, Staff                                                                                                             
Representative Jonathan Kreiss-Tomkins                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
83,  Version  M,  on behalf  of  Representative  Kreiss-Tompkins,                                                               
prime sponsor.                                                                                                                  
                                                                                                                                
GAIL FENUMIAI, Director                                                                                                         
Division of Elections (DOE)                                                                                                     
Office of the Lieutenant Governor (OLG)                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
83, Version M.                                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:07:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JONATHAN  KREISS-TOMKINS called the House  State Affairs                                                             
Standing   Committee    meeting   to    order   at    3:07   p.m.                                                               
Representatives  LeDoux,   Vance,  Fields,   Kreiss-Tomkins  were                                                               
present at  the call  to order.   Representatives Story  and Wool                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
                                                                                                                              
3:09:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS  announced  that   the  first  order  of                                                               
business would be confirmation hearings.                                                                                        
                                                                                                                                
^Commissioner, Department of Administration                                                                                     
           Department of Administration, Commissioner                                                                       
                                                                                                                              
3:09:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS stated  that the  House  State Affairs  Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointee  and  recommends  that  the  name  of  Kelly  Tshibaka,                                                               
Department  of Administration  (DOA), be  forwarded to  the joint                                                               
session for consideration.   This does not reflect  the intent of                                                               
any members  to vote  for or against  this individual  during any                                                               
further session  for the purposes  of confirmation.   There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
^Commissioner, Department of Corrections                                                                                        
            Department of Corrections, Commissioner                                                                         
                                                                                                                              
3:10:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS stated  that the  House  State Affairs  Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointee  and  recommends  that  the name  of  Nancy  Dahlstrom,                                                               
Department  of Administration  (DOA), be  forwarded to  the joint                                                               
session for consideration.   This does not reflect  the intent of                                                               
any members  to vote  for or against  this individual  during any                                                               
further session  for the purposes  of confirmation.   There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
3:11:36 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:12 p.m.                                                                                 
                                                                                                                                
3:12:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS, [due to his  understanding that the confirmation                                                               
had already been advanced], withdrew  the motion to advance Nancy                                                               
Dahlstrom's name from committee.                                                                                                
                                                                                                                                
[The confirmation  of Commissioner  Designee Nancy  Dahlstrom was                                                               
subsequently  advanced from  committee during  the 3/14/19  House                                                               
State Affairs Standing Committee meeting.]                                                                                      
                                                                                                                                
             HB  20-SEXUAL ASSAULT EXAMINATION KITS                                                                         
                                                                                                                                
3:12:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS   announced  that  the  next   order  of                                                               
business would be  SPONSOR SUBSTITUTE FOR HOUSE BILL  NO. 20, "An                                                               
Act relating  to sexual assault;  relating to the  definitions of                                                               
'without consent' and 'consent'; relating  to failure to report a                                                               
violent crime;  relating to sexual  misconduct under the  code of                                                               
military  justice; requiring  law  enforcement  agencies to  test                                                               
sexual  assault  examination   kits;  requiring  notification  of                                                               
completion  of testing;  relating to  reports on  untested sexual                                                               
assault examination kits; and providing for an effective date."                                                                 
                                                                                                                              
3:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor  of  SSHB 20,  began  her  presentation of  the  proposed                                                               
legislation with a PowerPoint  presentation, entitled "House Bill                                                               
20."  She gave a brief background  on the rape kit reform work in                                                               
Alaska:   Rape kit reform  in Alaska began  in the fall  of 2014.                                                               
The Joyful Heart Foundation, founded  by actress Mariska Hargitay                                                               
of  the Law  &  Order: Special  Victims  Unit television  series,                                                             
launched  its "End  The backlog"  campaign.   She referenced  the                                                               
Home  Box Office  (HBO) documentary,  entitled  "I Am  Evidence,"                                                               
which related the  discovery of thousands of rape  kits stored in                                                               
an  abandoned  building  in  Detroit,  Michigan,  and  ultimately                                                               
500,000 untested  rape kits  throughout the  country.   She cited                                                               
that Alaska ranks  first in domestic violence  and sexual assault                                                               
rates, and  child sexual abuse  rates are six times  the national                                                               
average.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TARR  relayed that  the first  step in  the reform                                                               
process is a  statewide audit to quantify the  number of untested                                                               
rape  kits in  Alaska.   The U.S.  Department of  Justice (USDOJ)                                                               
under   President   Barak   Obama   offered   two   large   grant                                                               
opportunities, and Alaska has been  successful in securing two of                                                               
the grants.   As a result of Alaska's  Scientific Crime Detection                                                               
Laboratory  ("crime lab")  [Department  of  Public Safety  (DPS)]                                                               
audit, it was  discovered that the [rape kit  testing] system was                                                               
broken:  all  the kits weren't being tested;  there were improper                                                               
procedures;  and  standard  procedures   were  not  followed  for                                                               
maintaining a chain  of custody for the rape kits.   A change has                                                               
been implemented to require each  kit have a unique identifier to                                                               
track  it  through  the  system.    In  addition,  a  policy  was                                                               
implemented to require  all rape kits be stored at  the crime lab                                                               
in  Anchorage; high  capacity storage  shelving was  acquired for                                                               
this purpose.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR stated  that Senate  Bill 54  [passed during                                                               
the Thirtieth Alaska State Legislature,  2017-2018] put the audit                                                               
requirement into  statute; and House  Bill 31 [passed  during the                                                               
Thirtieth Alaska  State Legislature, 2017-2018] put  into statute                                                               
the  "gold standard"  for reporting  - having  both an  anonymous                                                               
report and a  law enforcement report - to allow  a victim to have                                                               
the evidence  collected, which must  be done within 72  hours [of                                                               
the incident],  but still  allow the victim  to delay  making the                                                               
decision regarding  prosecution.   She added  that House  Bill 31                                                               
also  required standardized  training on  sexual assault  for all                                                               
law enforcement  officials.  She mentioned  that this requirement                                                               
was in response to a statement  by a sexual assault advocate that                                                               
law enforcement response  to sexual assault depends  on where you                                                               
live in the state.  Lastly  House Bill 31 renewed the requirement                                                               
for the audit of untested rape kits in Alaska.                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  relayed that still to  be addressed are                                                                    
the two  recommendations from  The Joyful  Heart Foundation:                                                                    
a  timeline  to establish  when  testing  must occur  and  a                                                                    
victim notification process.   All the reforms mentioned are                                                                    
included in the Survivors' Bill of  Rights Act of 2010.  She                                                                    
stated that  besides the two recommendations,  SSHB 20 would                                                                    
address  the following:   a  definition of  consent and  the                                                                    
inclusion  of   sexual  assault   against  someone   who  is                                                                    
incapacitated, requested  by Standing Together  Against Rape                                                                    
(STAR) and the Alaska Network  on Domestic Violence & Sexual                                                                    
Assault  (ANDVSA);  and  specificity  in  the  audit  report                                                                    
requested by 49th State Rising.                                                                                                 
                                                                                                                                
3:21:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  moved to adopt  the sponsor  substitute (SS)                                                               
for HB 20,  Version 31-LS0253\S, as the working  document.  There                                                               
being no objection, SSHB 20 was before the committee.                                                                           
                                                                                                                                
3:21:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR continued  with the  PowerPoint presentation                                                               
to review the  sectional analysis for SSHB 20.   She relayed that                                                               
STAR  and ANDVSA  requested  a change  in  statutory language  to                                                               
address the  circumstances in which a  person's incapacitation is                                                               
in question  - whether  the person  is incapacitated  and whether                                                               
the perpetrator knew  it.  She cited the  STAR document, entitled                                                               
"2019  Policy  Priorities,"  included in  the  committee  packet,                                                               
which read in part:                                                                                                             
                                                                                                                                
     Revise  the   elements  of  the   crime  to   ensure  a                                                                    
     perpetrator may be found guilty  of the offense if they                                                                    
     know   or  reasonably   should  know   the  victim   is                                                                    
     incapacitated  or  unaware  and unable  to  consent  to                                                                    
     sexual   penetration  or   sexual  contact   under  the                                                                    
     circumstances.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR offered  that  Sections 1,  2,  and 3  would                                                               
change the statutory definition for  sexual assault in the first,                                                               
second, and third degrees, respectively.   The statutory language                                                               
regarding sexual assault would be  amended to state that a person                                                               
commits  the  crime  [of  sexual  assault]  if  he/she  knows  or                                                               
reasonably  should know  that the  victim is  mentally incapable.                                                               
She stated  that the addition  of "reasonably should  know" would                                                               
facilitate prosecution  of a sexual  assault crime.   She pointed                                                               
out that there  is a variance regarding the legal  language to be                                                               
used   in  the   statute  -   "reasonably  should   know"  versus                                                               
"recklessly disregard."   Both are used in  statute; they address                                                               
the same  standard; the Department  of Law (DOL)  and Legislative                                                               
Legal Services  have offered varying  opinions; and it is  yet to                                                               
be  decided  which  ultimately  will  be  used  in  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR said that sexual  assault in the first degree                                                               
involves sexual penetration; sexual  assault in the second degree                                                               
involves sexual contact;  and sexual assault in  the third degree                                                               
involves sexual contact  that is more specific  to improper abuse                                                               
of power situations.  She  stated the fundamental questions to be                                                               
considered  regarding  the  proposed   legislation:    What  does                                                               
justice look  like for a  victim?  Does  SSHB 20 include  all the                                                               
circumstances in  which a  crime is committed  in order  to bring                                                               
justice  to the  victims?   She  reviewed  sentencing for  sexual                                                               
assault shown on the PowerPoint  presentation, which read in part                                                               
as follows:                                                                                                                     
                                                                                                                                
     Section 1: Sexual Assault in the First Degree                                                                              
     Sentencing:                                                                                                                
          For first felony conviction, if victim is                                                                             
               less than 13 years of age, 25 to 35 years                                                                        
               13 years of age or older, 20 to 30 years                                                                         
                                                                                                                                
     Section 2: Sexual Assault in the Second Degree                                                                             
     Sentencing:                                                                                                                
          for the first felony conviction 5 to 15 years                                                                         
                                                                                                                                
     Section 3: Sexual Assault in the Third Degree                                                                              
     Sentencing:                                                                                                                
          for the first felony conviction 2 to 12 years                                                                         
                                                                                                                                
3:26:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  reviewed  the   definition  of  consent  in                                                               
Section 4 of  SSHB 20, displayed on  the PowerPoint presentation,                                                               
which read as follows:                                                                                                          
                                                                                                                                
     Current 11.41.470 (8) defines "without consent" as                                                                         
     means that a person                                                                                                        
                                                                                                                                
          (A) with or without resisting, is coerced by the                                                                      
          use of force against a person or property, or by                                                                      
          the express or implied threat of death, imminent                                                                      
          physical injury, or kidnapping to be inflicted on                                                                     
          anyone; or                                                                                                            
                                                                                                                                
          (B) is incapacitated as a result of an act of the                                                                     
          defendant.                                                                                                            
                                                                                                                                
     Problem: Current outdated definition implies force                                                                         
     must be used. This is not always the case and jurors                                                                       
     often look for evidence of force.                                                                                          
                                                                                                                                
     Solution: Update the meaning of consent to be in the                                                                       
     affirmative, to demonstrate that consent has been                                                                          
     given. This is consistent with other jurisdictions to                                                                      
     require a more overt expression of consent.                                                                                
                                                                                                                                
     New language to 11.41.470:                                                                                                 
                                                                                                                                
     (9) "consent" means words or overt actions indicating                                                                      
     freely given agreement to engage in sexual penetration                                                                     
     or sexual contact.                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR added that this change, which puts consent                                                                  
into the affirmative rather than in terms of "without consent"                                                                  
and the use of force, represents an evolution of society's                                                                      
understanding of consent and expectations around sexual                                                                         
behaviors.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  pointed out the conforming  changes included                                                               
in Section 5  of SSHB 20.  The proposed  legislation would update                                                               
AS 11.56.765(a), which addresses the  failure to report a violent                                                               
crime committed  against a child and  make it clear that  a child                                                               
can never  give consent to  sexual penetration.  She  pointed out                                                               
the changes,  found on  page 4,  lines 15-23, of  SSHB 20:   sub-                                                               
subparagraphs   (i),   (ii),   (iii),    and   (iv)   [under   AS                                                               
11.56.765(a)(1)(C)] would be deleted;  and subparagraph (C) would                                                               
read, "the sexual penetration or  attempted sexual penetration by                                                               
another  of  a  child".   Legislative  Legal  Services  personnel                                                               
explained  that after  research, they  concluded that  these four                                                               
sub-subparagraphs  were   included  in  error,  because   of  the                                                               
understanding that  a child  can never  give consent.   Paragraph                                                               
(2), [page 4,  lines 26-27] defines a child as  under 16 years of                                                               
age.                                                                                                                            
                                                                                                                                
3:32:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR pointed out  the conforming change in Section                                                               
6, [page 4, lines 30-31].   The proposed legislation would update                                                               
AS 11.56.767(c), which addresses the  failure to report a violent                                                               
crime committed  against an  adult, by  adding the  definition of                                                               
consent.   She  added that  under the  proposed legislation,  all                                                               
statutory references  to "without consent" would  be repealed and                                                               
replaced by the new definition of consent.                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  pointed out  another such  conforming change                                                               
in  Section 7,  [page 5,  lines 1-2].   The  proposed legislation                                                               
would update  AS 26.05.900(e), relating  to the Military  Code of                                                               
Justice, to add the definition of consent.                                                                                      
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked whether a  sex crime has been committed                                                               
if there  is sexual penetration  involving a 15-year-old,  who is                                                               
legally a child  according to statute, and another  person who is                                                               
two or three years older.                                                                                                       
                                                                                                                                
REPRESENTATIVE TARR replied that Section  6, beginning on page 4,                                                               
line  30,  addresses  "failure  to   report  a  crime"  under  AS                                                               
11.56.767; it refers to an individual  who knows that a crime has                                                               
happened, and not someone engaged in the crime.                                                                                 
                                                                                                                                
REPRESENTATIVE WOOL  gave an  example:  A  22-year-old has  a 17-                                                               
year-old younger brother  who is in a sexual  relationship with a                                                               
15-year-old school  mate.   He asked  whether the  22-year-old is                                                               
legally obliged to report the relationship as a crime.                                                                          
                                                                                                                                
REPRESENTATIVE TARR  answered, "Yes, if  it is in fact  a crime."                                                               
She  expressed that  she is  not clear  about the  age difference                                                               
issue; however, if it is in fact  a criminal act, then it must be                                                               
reported.                                                                                                                       
                                                                                                                                
REPRESENTATIVE WOOL  asked if the reporting  requirement would be                                                               
new statute under the proposed legislation or existing statute.                                                                 
                                                                                                                                
REPRESENTATIVE  TARR  responded  that   it  is  existing  statute                                                               
conforming  to  its  original  intent based  on  the  opinion  of                                                               
Legislative Legal Services.  She  reiterated that the language on                                                               
page 4,  lines 17-23, would be  removed under SSHB 20  because of                                                               
the understanding that a child cannot give consent.                                                                             
                                                                                                                                
3:36:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  referred to Section  5 on page  4, lines                                                               
17-23,  and suggested  that none  of  the four  sub-subparagraphs                                                               
being  deleted  relate  to   a  consensual  sexual  relationship;                                                               
therefore,  Representative Wool's  example  of  statutory rape  -                                                               
involving two minors  with sufficient age difference  - would not                                                               
be captured in that mandatory reporting scenario.                                                                               
                                                                                                                                
REPRESENTATIVE TARR  expressed her  belief that  the crime  he is                                                               
referencing  is covered  under a  different statute.   Section  5                                                               
refers   to  AS   11.56,   entitled   "Offenses  Against   Public                                                               
Administration," and  involves a person,  other than  the victim,                                                               
committing  the  crime  of  failure to  report  a  violent  crime                                                               
against a child.   Removing the four sub-subparagraphs  is due to                                                               
it being understood that a child can never give consent.                                                                        
                                                                                                                                
3:38:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  referred to  the stipulation of  "13 years"                                                               
under sentencing  for sexual assault  in the first  degree, shown                                                               
on the PowerPoint  presentation, and the definition of  a child -                                                               
someone under 16 years of age -  in Section 5, [page 4, lines 26-                                                               
27].  She asked for an explanation of the discrepancy.                                                                          
                                                                                                                                
REPRESENTATIVE  TARR referenced  AS 12.55.125(i),  which read  in                                                               
part, "A defendant  convicted of (1) sexual assault  in the first                                                               
degree, sexual abuse  of a minor in the first  degree" and stated                                                               
that the sentencing addresses two categories of crime.                                                                          
                                                                                                                                
REPRESENTATIVE VANCE  asked, "What's  the difference  between the                                                               
definition of a minor and of a child?"                                                                                          
                                                                                                                                
REPRESENTATIVE TARR responded that in  Alaska, 16 years of age is                                                               
the  age  at  which  a  young  person  may  marry  with  parental                                                               
permission, which  presents inconsistencies in  statute regarding                                                               
16- to 18-year-olds.   There is proposed legislation  to move the                                                               
marriage  age to  18  years  of age.    She asked  Representative                                                               
Vance,  "Are you  asking  specifically why  this  one chooses  13                                                               
years of age versus the other  as 16?"  She acknowledged that she                                                               
does not have the answer for that.                                                                                              
                                                                                                                                
REPRESENTATIVE VANCE agreed to pursue the issue later.                                                                          
                                                                                                                                
3:41:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  whether   there  are   no  longer                                                               
mandatory  reporters  with respect  to  crimes,  and everyone  is                                                               
required to report.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR   expressed  her  understanding   that  what                                                               
Representative LeDoux  is referring to is  mandatory reporting of                                                               
child abuse  by teachers, childcare  workers, coaches,  and such.                                                               
She  maintained that  the proposed  legislation  would not  alter                                                               
that  requirement.   She explained  that  the proposed  statutory                                                               
change  is  specific to  a  statute  regarding "offenses  against                                                               
public  administration"; therefore,  does not  impact any  of the                                                               
other  statutes  that  have specific  requirements  of  mandatory                                                               
reporting.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether no crime  has been committed                                                               
when failing to  report the murder of a 17-year-old,  but it is a                                                               
crime when failing to report the murder of a 16-year-old.                                                                       
                                                                                                                                
REPRESENTATIVE TARR  responded that the language  in the proposed                                                               
legislation does  not address homicides  but only  sexual assault                                                               
crimes.   She offered that  since AS 11.56.767 (c)  addresses the                                                               
failure to  report a  violent crime  committed against  an adult,                                                               
both categories are covered in statute.                                                                                         
                                                                                                                                
3:43:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   FIELDS   suggested   that  the   questions,   although                                                               
interesting, pertain more  to the underlying statute  than to the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
3:43:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   conceded  that   some  of   the  statutory                                                               
amendments  were  at  the  recommendation  of  Legislative  Legal                                                               
Services to  correct some erroneous  language and  not completely                                                               
aligned with the intent of the bill.                                                                                            
                                                                                                                                
REPRESENTATIVE  TARR  moved  on  to Section  8  regarding  sexual                                                               
assault examination kits and relayed  that this section addresses                                                               
the   two   remaining   timeline   recommendations   and   victim                                                               
notification.  The PowerPoint presentation read as follows:                                                                     
                                                                                                                                
     Title 44: State Government                                                                                                 
                                                                                                                                
          Chapter 41: Department of Public Safety                                                                               
                                                                                                                                
          Section 65: new section  Sexual Assault                                                                               
          Examination Kits                                                                                                      
                                                                                                                                
                                                                                                                                
     Adds language to requires three things:                                                                                    
                                                                                                                                
          1. That all sexual assault examination kits are                                                                       
          sent to the crime lab within 30 days of                                                                               
          collection                                                                                                            
                                                                                                                                
          2. That all sexual assault examination kits be                                                                        
          tested within six months                                                                                              
                                                                                                                                
          3. That victims be notified by law enforcement                                                                        
          within two weeks of receiving the results that                                                                        
          the kit has been tested                                                                                               
                                                                                                                                
REPRESENTATIVE TARR added that the  law enforcement agency is the                                                               
client of  the crime lab for  the purpose of sending  in kits for                                                               
testing.  She cited page 5, lines 6-8, of SSHB 20 which read:                                                                   
                                                                                                                                
     (1)  within  30  days  after the  agency  collects  the                                                                    
     sexual  assault   examination  kit,  send   the  sexual                                                                    
     assault  examination kit  to a  laboratory operated  or                                                                    
     approved by the Department of Public Safety;                                                                               
                                                                                                                                
REPRESENTATIVE TARR  mentioned that the word  "approved" needs to                                                               
be  replaced with  the word  "accredited."   She stated  that the                                                               
fiscal  note for  SSHB 20  has not  been completed;  however, she                                                               
does  expect there  to be  a  cost associated  with the  proposed                                                               
legislation.  She  also mentioned that the timelines  may need to                                                               
be lengthened.                                                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  referred to the fundamental  question:  What                                                               
does justice mean for victims?   She stated that with the cuts in                                                               
staffing, it  was taking more  than two  years to bring  cases to                                                               
trial;  prosecutors were  waiting to  request the  lab to  do the                                                               
testing until  such time they  felt the case would  move forward;                                                               
victims were waiting two years to  get any results from the kits.                                                               
She cited the  scenario in which the identity  of the perpetrator                                                               
is  unknown and  emphasized the  effect  that would  have on  the                                                               
victim.  The Survivor Bill  of Rights states that by establishing                                                               
set timelines,  the burden and  the trauma of the  experience for                                                               
the victim is eased.                                                                                                            
                                                                                                                                
3:46:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS suggested that even six months seems slow.                                                                      
                                                                                                                                
REPRESENTATIVE TARR replied that many  states are working on this                                                               
effort  using a  variety of  timelines.   She mentioned  that she                                                               
originally set an 18-month timeline.   Currently DPS is achieving                                                               
an average of  10 months.  She maintained that  the crime lab was                                                               
built  with the  idea of  having a  huge amazing  facility, fully                                                               
staffed, with a robust testing system.   She said, "It just never                                                               
happened."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  TARR stated  that  the gold  standard for  victim                                                               
notification  is  to have  a  database  with unique  identifiers,                                                               
usernames, and passwords to allow the  victim to log in and track                                                               
the "life  cycle" of the kit.   She said that  typically when one                                                               
calls  law  enforcement repeatedly,  the  story  must be  related                                                               
repeatedly, and  the victim  is re-traumatized as  a result.   In                                                               
the course  of two years,  the victim may  have called up  to ten                                                               
times.   She  stated that  currently there  are three  databases:                                                               
one  for current  cases; one  for closed  cases; and  another one                                                               
specific  to the  court system.   There  are challenges  in rural                                                               
communities with  internet access,  staffing, and capacity.   She                                                               
said that  she is working  with DPS to  find a way  to accomplish                                                               
notification   without  it   being  overly   burdensome  to   law                                                               
enforcement in small communities where resources are limited.                                                                   
                                                                                                                                
REPRESENTATIVE TARR  referred to Sections  9 and 10,  which would                                                               
add statutory  language requiring [DPS  to include in  the audit]                                                               
the reason a kit was ineligible  for testing.  She explained that                                                               
the  audits [currently]  did not  include that  information; 49th                                                               
State  Rising has  requested that  this information  be included.                                                               
The work  of the Sexual Assault  Kit Initiative (SAKI) by  way of                                                               
the two federal  grants will end; therefore, she  wants to ensure                                                               
that language  in the statute  reflects appropriate  reporting in                                                               
perpetuity in the absence of that organization.                                                                                 
                                                                                                                                
REPRESENTATIVE   TARR   reviewed  the   PowerPoint   presentation                                                               
discussing Section 11,  which lists the reasons  a sexual assault                                                               
examination kit  is ineligible for testing.   It read in  part as                                                               
follows:                                                                                                                        
                                                                                                                                
     Amends 44.41.070 to add a new subsection (e) to read                                                                       
                                                                                                                                
     A sexual assault examination kit is ineligible for                                                                         
     testing if the law enforcement agency or state                                                                             
     department finds that the sexual assault examination                                                                       
     kit                                                                                                                        
                                                                                                                                
     (1) was collected improperly                                                                                               
                                                                                                                                
     (2) is not necessary to identify the perpetrator of                                                                        
     the crime; or                                                                                                              
                                                                                                                                
     (3) was collected from a person who does not wish to                                                                       
     proceed 19 (sic) with criminal charges.                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  offered alternative  language that  is being                                                               
considered for the proposed subsection  (e) of AS 44.41.070.  The                                                               
person referred to in paragraph  (3) is also called an "anonymous                                                               
victim" - a person who chooses  not to move forward with criminal                                                               
charges.    Paragraph  (2)  may  be referred  to  as  a  Combined                                                               
deoxyribonucleic  acid  (DNA)  Index  System  (CODIS)  ineligible                                                               
sexual  assault kit  - the  DNA is  not eligible  to be  used for                                                               
identification.    Paragraph   (1)  may  be  referred   to  as  a                                                               
scientifically   unviable   case   -   evidence   was   collected                                                               
improperly.   She reiterated that  there are  unresolved language                                                               
issues  for  the  proposed legislation,  not  intent  or  outcome                                                               
issues;  she is  attempting to  gather input  from many  advocacy                                                               
groups.                                                                                                                         
                                                                                                                                
3:53:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE referred  to paragraph  (3) [page  6, lines                                                               
18-19], regarding the anonymous victim.   She asked whether there                                                               
was  a way  to test  that  kit in  the future  should the  person                                                               
decide to move forward with criminal charges later.                                                                             
                                                                                                                                
REPRESENTATIVE TARR responded, "There is a  way to go back."  She                                                               
said that  as a  result of  House Bill 31,  the two  options were                                                               
defined -  the anonymous report  and the law  enforcement report.                                                               
In  the  course  of  processing  the backlog  of  cases,  DPS  is                                                               
attempting  to contact  individuals to  seek their  permission to                                                               
move forward with the testing.                                                                                                  
                                                                                                                                
REPRESENTATIVE VANCE asked  whether there is a  provision for the                                                               
sexual  assault  kit of  a  minor,  who  cannot give  consent  to                                                               
proceed [with testing].                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR  replied that there is  a different procedure                                                               
when sexual assault of a minor  is involved.  She offered to give                                                               
Representative Vance more information.                                                                                          
                                                                                                                                
REPRESENTATIVE  TARR   turned  to  Section  13   to  display  the                                                               
effective dates of SSHB 20, as  follows:  the changes would apply                                                               
to  offenses  committed  on  or  after  the  effective  dates  of                                                               
Sections  1-7 and  Section 12  of the  proposed legislation;  and                                                               
SSHB 20 would take effect January 1, 2020.                                                                                      
                                                                                                                                
REPRESENTATIVE TARR referred  to Section 12 to point  out that in                                                               
the  places in  which statute  has  been updated  to reflect  the                                                               
affirmative definition  of consent,  Section 12 would  repeal the                                                               
previous definition of "without consent"  to be replaced with the                                                               
new definition of "consent."                                                                                                    
                                                                                                                                
3:55:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to  the statement  that  a  child                                                               
cannot give consent and the legal  definition of a child as under                                                               
age 16.   He asked whether there are situations  in which consent                                                               
cannot be given for someone age 16 and over.                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   mentioned  statute   from  the   State  of                                                               
Minnesota, which  more clearly defines  a person who  cannot give                                                               
consent; for example,  stipulating that a person  who is mentally                                                               
incapacitated or  physically helpless cannot consent  to a sexual                                                               
act.   She stated that  there are  many places in  Alaska statute                                                               
needing  updates and  there are  resulting implications  of those                                                               
changes.   She  explained that  her  office is  trying to  decide                                                               
whether  language  captures  what  is intended  or  whether  more                                                               
specificity is needed.  She said that she welcomes suggestions.                                                                 
                                                                                                                                
3:57:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to victim  notification  of  test                                                               
results.   He asked whether  victims are being notified  that the                                                               
test has been completed or being notified of the results.                                                                       
                                                                                                                                
REPRESENTATIVE TARR cited page 5,  lines 13-16, of SSHB 20, which                                                               
read as follows:                                                                                                                
                                                                                                                                
     (3)  within   two  weeks  after  the   laboratory  that                                                                    
     receives the  sexual assault examination kit  under (1)                                                                    
     of  this   subsection  completes  serological   or  DNA                                                                    
     testing,  notify  the  person   from  whom  the  sexual                                                                    
     assault examination  kit was collected that  the sexual                                                                    
     assault examination kit has been tested.                                                                                   
                                                                                                                                
REPRESENTATIVE TARR  added that  putting more specifics  into the                                                               
statute was discussed - whether there  was a CODIS hit or whether                                                               
the DNA  sample was  insufficient for testing  - but  staff chose                                                               
not  to  put  that  level  of specificity  into  the  statute  at                                                               
present.   She  explained  that depending  on  the community  law                                                               
enforcement  agency, different  methods  may  be appropriate  for                                                               
contacting  victims.   She said  that  she wanted  to leave  some                                                               
flexibility to law enforcement for  how communication would occur                                                               
and what would be communicated.                                                                                                 
                                                                                                                                
REPRESENTATIVE  WOOL asked  whether in  the case  of someone  not                                                               
wishing to  press charges, the person's  kit would not be  in the                                                               
queue for  testing under the  testing timelines but be  set aside                                                               
and tested later if the victim decides to press charges.                                                                        
                                                                                                                                
REPRESENTATIVE  TARR replied,  "That is  the intent."   She  said                                                               
that  based  on  USDOJ  recommendations, the  state  must  use  a                                                               
victim-centered approach; if an  individual does not want his/her                                                               
kit tested, the person must be afforded the right to refuse.                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS stated that SSHB 20 would be held over.                                                                 
                                                                                                                                
        HJR  9-ELIZABETH PERATROVICH COMMEMORATIVE COIN                                                                     
                                                                                                                                
4:00:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS   announced  that  the  next   order  of                                                               
business would  be HOUSE JOINT  RESOLUTION NO. 9,  Requesting the                                                               
United States  Secretary of  the Treasury to  mint not  less than                                                               
5,000,000  $1  coins  honoring Elizabeth  Peratrovich  under  the                                                               
Native American $1 Coin Act.                                                                                                    
                                                                                                                                
4:01:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS moved to adopt Amendment  1 to HJR 9, labeled 31-                                                               
LS0573\A, which read as follows:                                                                                                
                                                                                                                                
     Page 2, line 16, following "Treasury" insert:                                                                              
                                                                                                                                
     "; The Honorable Lisa  Murkowski, United States Senate;                                                                    
     the Honorable  Dan Sullivan, United States  Senate; The                                                                    
     Honorable   Don   Young,   United   States   House   of                                                                    
     Representatives"                                                                                                           
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
4:02:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS, in  response  to  Representative Vance,  stated                                                               
that the  amendment would add the  three names to the  end of the                                                               
list of  names to whom  copies of  the resolution would  be sent,                                                               
shown on page 2, beginning on line 12.                                                                                          
                                                                                                                                
4:03:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS opened public testimony on HJR 9.                                                                       
                                                                                                                                
4:03:54 PM                                                                                                                    
                                                                                                                                
DICK HANSCOM, Fairbanks Coin Club,  testified that the reason the                                                               
state and  the congressional delegation need  to act on HJR  9 is                                                               
because  the  U.S.  mint  has  not  issued  a  dollar  coin  into                                                               
circulation for about five years.   He stated that because of the                                                               
historical significance  of this coin  to the state, it  would be                                                               
beneficial  for the  coin to  be circulating,  educating Alaska's                                                               
young  people, and  all Alaskans.    Using the  coin would  honor                                                               
Elizabeth  Peratrovich and  educate people  about Alaska's  Anti-                                                               
discrimination Act [of 1945].                                                                                                   
                                                                                                                                
4:04:54 PM                                                                                                                    
                                                                                                                                
PAULETTE  MORENO,  President,  Alaska  Native  Sisterhood  (ANS),                                                               
testified  that Elizabeth  Wanamaker Peratrovich  was a  past ANS                                                               
grand  president; her  courageous  words at  a  time of  critical                                                               
injustice affected the life that  all enjoy today.  Her [indisc.]                                                               
will be  highlighted during the  75th anniversary [of  the Alaska                                                               
Anti-Discrimination Act]  in 2020.   Ms.  Moreno relayed  that in                                                               
2020, the  release of the $1  coin will bring attention  not only                                                               
throughout the  state, but throughout  the nation and  the world.                                                               
Ms. Moreno  invited the  committee to  join the  75th anniversary                                                               
celebration  (indisc.) to  ensure that  Alaska Native  people and                                                               
their rights  are accepted for  the intelligence they  possess of                                                               
all matters of this great land.   She mentioned that the proposed                                                               
resolution came from the youth of  Alaska by way of the 4-H club,                                                               
who want  clear access not  only to the coin  but to the  hope to                                                               
hold  the  coin that  reflects  one  of Alaska's  most  important                                                               
stories.   The ANS and  Alaska Native Brotherhood (ANB)  has been                                                               
advocating  for  history  to  highlight  her  story.    They  are                                                               
currently working  with school superintendents  throughout Alaska                                                               
to   add   curriculum,   national  recognition   with   all   the                                                               
legislatures,  and  the   Alaska  [congressional]  delegation  to                                                               
collectively  draft a  bill in  2020  not only  to highlight  the                                                               
achievement  of  Elizabeth Peratrovich,  but  to  carry her  work                                                               
forward.  She said, "It is said  that a child will lead the way."                                                               
She  stated that  ANS  and  ANB express  their  gratitude to  all                                                               
contributors to the introduction of HJR 9.                                                                                      
                                                                                                                                
4:08:48 PM                                                                                                                    
                                                                                                                                
LIBERTY SKELLIE,  4-H, testified  that in  the 1940s,  women were                                                               
barely  working outside  the home;  for Elizabeth  Peratrovich, a                                                               
Native  woman, to  talk  to legislators  about  civil rights  was                                                               
extremely (indisc.).  (indisc.--poor  sound quality)  She relayed                                                               
that she supports the proposed  resolution because it would honor                                                               
Elizabeth Peratrovich and the important things she did.                                                                         
                                                                                                                                
4:09:47 PM                                                                                                                    
                                                                                                                                
STEPHEN  BRUNANSKI,  President,  Fairbanks Coin  Club,  testified                                                               
that  Elizabeth Peratrovich  is  an ideal  role  model for  young                                                               
people of Alaska.  To honor her  life and the bravery it took for                                                               
her to stand  up to discrimination that  she faced (indisc.--poor                                                               
sound quality).   He  said that  each time  this coin  is handled                                                               
within  a  commercial  transaction  creates  an  opportunity  for                                                               
conversation.    He  offered  that  if  the  U.S.  Department  of                                                               
Treasury   would  release   the   coin   into  circulation,   the                                                               
opportunities for  discussion about anti-discrimination  would be                                                               
multiplied.    He remarked  at  how  Alaska children  would  feel                                                               
having a coin  with the face of a fellow  Alaskan.  He maintained                                                               
that  the  coin  deserves  to  be distributed  to  a  much  wider                                                               
audience than just coin collectors.   He stated, "Let's put it in                                                               
circulation."                                                                                                                   
                                                                                                                                
4:11:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS, after  ascertaining that  there was  no                                                               
one else  who wished to  testify, closed public testimony  on HJR                                                               
9.                                                                                                                              
                                                                                                                                
4:11:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  expressed  that  she  is  pleased  at  the                                                               
introduction of the  bill and has great  admiration for Elizabeth                                                               
Peratrovich.  She  mentioned that the 4-H youth met  with her and                                                               
expressed that they wanted the coin to be put into circulation.                                                                 
                                                                                                                                
4:12:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   VANCE  expressed   her   appreciation  for   the                                                               
introduction  of the  proposed legislation,  requested by  Alaska                                                               
youth; it signals  that youth can engage in  their government and                                                               
be a voice  for the next generation on  anti-discrimination.  She                                                               
maintained that the  coin would serve to  communicate the message                                                               
to other areas of the world.                                                                                                    
                                                                                                                                
4:13:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS  commented  there is  "no  more  organic                                                               
democratic   process   in   motion"    than   the   response   of                                                               
Representative Johnson to the request from the youth.                                                                           
                                                                                                                                
4:14:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS  moved to  report  HJR  9,  as amended,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.   There being no objection,  CSHJR 9(STA) moved                                                               
out of committee.                                                                                                               
                                                                                                                                
4:14:36 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:14 p.m. to 4:16 p.m.                                                                       
                                                                                                                                
Co-Chair Fields passed the gavel to Co-Chair Kreiss-Tomkins.                                                                    
                                                                                                                                
                    HB  57-CHILD LABOR HOURS                                                                                
                                                                                                                                
4:15:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced  that the next order  of business would                                                               
be HOUSE  BILL NO. 57, "An  Act relating to expanding  the period                                                               
in a  day during which  an employed child  under 16 years  of age                                                               
may perform  work in the  summer; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
4:15:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE  WILSON, Alaska State  Legislature, relayed                                                               
that current  law states that  children ages  14 and 15  may work                                                               
during the hours of  5 a.m. to 7 p.m. during  the school day, but                                                               
only for an  hour a day, or  5 a.m. to 9 p.m.  during the summer.                                                               
She was approached  by the soccer association  who expressed that                                                               
it was not possible to complete  all the games due to there being                                                               
only one  field; they asked to  be allowed to play  until 10 p.m.                                                               
She stated the proposed legislation  would allow 14- and 15-year-                                                               
olds to  be able to work  until 10 p.m.,  instead of 9 p.m.   She                                                               
maintained that HB 57 would not  increase the number of hours per                                                               
week or  the number of hours  per day that they  would be allowed                                                               
to work.   She added that she discovered,  through research, that                                                               
a state is required to have  a waiver from the U.S. Department of                                                               
Labor (USDOL)  to allow  for such work  hours.   Alaska currently                                                               
does  not have  a  waiver  and is  violating  federal law,  since                                                               
federal law  specifies 7 a.m.  to 7  p.m. during the  school year                                                               
and 7 a.m.  to 9 a.m. otherwise.  She  maintained that her office                                                               
is  pursuing  the  waiver through  U.S.  Senator  Dan  Sullivan's                                                               
office; the waiver is necessary  regardless of the progress of HB                                                               
57.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  for  confirmation  that  the  bill                                                               
applies to all activities, not just sporting activities.                                                                        
                                                                                                                                
REPRESENTATIVE  WILSON answered  that for  14- and  15-year-olds,                                                               
that is correct.                                                                                                                
                                                                                                                                
REPRESENTATIVE  WOOL  asked if  there  are  any other  groups  or                                                               
businesses that have requested the change in hours.                                                                             
                                                                                                                                
REPRESENTATIVE WILSON replied,  "Not to me, they have  not."  She                                                               
mentioned  that 14-  and 15-year-olds  are very  limited in  what                                                               
they can  do and  the hours  they can  do it.   She  relayed that                                                               
there  are many  activities exempted  from the  time restrictions                                                               
such as babysitting and other  tasks associated with sports, such                                                               
as cleaning up the football  field or doing laundry; however, the                                                               
work [for the soccer association] is not exempted.                                                                              
                                                                                                                                
REPRESENTATIVE VANCE  referred to page 1,  line 13, of HB  57 and                                                               
asked for the definition of "domestic work."                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   answered  that  she  does   not  have  a                                                               
definition, but assumes it is  laundry, housework, and such.  She                                                               
said she is not aware of a definition in statute.                                                                               
                                                                                                                                
REPRESENTATIVE  VANCE  suggested  that since  doing  laundry  for                                                               
soccer is exempt, yet other  tasks are not, additional definition                                                               
of     terms     may     help    avoid     the     problem     of                                                               
Alaska and the youth being outside of federal law.                                                                              
                                                                                                                                
REPRESENTATIVE  WILSON  responded that  the  only  law Alaska  is                                                               
breaking is the  one regarding the work hours.   She offered that                                                               
youth workers doing  laundry for a football team  is probably not                                                               
considered  domestic work,  since it  is probably  not their  own                                                               
laundry.                                                                                                                        
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL referred  to the  letter from  the Fairbanks                                                               
Youth  Soccer  Association  (FYSA),  included  in  the  committee                                                               
packet, in  which the  association relates  that the  season ends                                                               
the first week of August and  even a 9:30 p.m. extension would be                                                               
helpful.     He  mentioned  that  HB  57 specifies  September  or                                                               
otherwise being enrolled  in school as the time of  the work hour                                                               
change.  He suggested that since  school starts the third week of                                                               
August, the date should be changed in the proposed legislation.                                                                 
                                                                                                                                
REPRESENTATIVE WILSON answered that  the language (concerning the                                                               
month)  in  the  proposed  legislation  is  consistent  with  the                                                               
language in federal law.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX noted that  although federal law requires a                                                               
state to seek an exemption  for youth working in a soccer-related                                                               
job,  federal  law exempts  children  working  on fishing  boats,                                                               
which is one of the most dangerous professions in the world.                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  added that also  there is an  exemption in                                                               
the case  of children working  for their parents.   She expressed                                                               
her  belief that  the law  has  not been  reviewed recently,  and                                                               
things have changed.  She stated,  "We are very good about making                                                               
sure  our  children are  safe,  or  the  jobs  ... are  very  age                                                               
appropriate."   She  expressed her  belief that  there are  other                                                               
groups in  the same position  as FYSA that  are not aware  of the                                                               
law and consequently may be breaking the law as well.                                                                           
                                                                                                                                
REPRESENTATIVE  WOOL  asked  for   confirmation  that  Alaska  is                                                               
already breaking  federal law, and  Alaska getting a  waiver will                                                               
determine if the proposed legislation can advance.                                                                              
                                                                                                                                
REPRESENTATIVE WILSON responded that for  HB 57 to pass, a waiver                                                               
from  USDOL would  be  needed and  incorporated  into statute  by                                                               
Legislative  Legal Services  to ensure  compliance [with  federal                                                               
law.]   She relayed that USDOL  is already working on  this issue                                                               
because,  regardless of  the passage  of HB  57, Alaska  wants to                                                               
comply.                                                                                                                         
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  acknowledged that  HB 57 relates  to 14-                                                               
and 15-year-olds.   He asked  whether there are  any restrictions                                                               
in state  or federal law on  hours that 16- and  17-year-olds can                                                               
work.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  WILSON  answered  that   there  is  a  difference                                                               
between age 16 and  age 17 in the type of  work but not regarding                                                               
the hour issue.                                                                                                                 
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  asked for confirmation that  16- and 17-                                                               
year-olds may  be restricted in  the type  of work, but  they may                                                               
work a 11:00 p.m. to 3:00 a.m. shift if the work warranted it.                                                                  
                                                                                                                                
REPRESENTATIVE WILSON replied, "That's my understanding."                                                                       
                                                                                                                                
CO-CHAIR FIELDS stated that HB 57 would be held over.                                                                           
                                                                                                                                
              HB  83-PROHIBIT VOTING BY FACSIMILE                                                                           
                                                                                                                              
4:24:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced that the  final order of business would                                                               
be HOUSE  BILL NO. 83, "An  Act relating to voting  by electronic                                                               
transmission in a state election;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
4:24:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL moved to adopt  the committee substitute (CS)                                                               
for HB  83, labeled 31-LS0635\M,  Bullard, 3/11/19.   There being                                                               
no objection, Version M was before the committee.                                                                               
                                                                                                                                
4:25:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS,  as prime sponsor  of HB 83,  Version M,                                                               
relayed that the proposed legislation  was drafted in response to                                                               
recommendations  by national  security  experts  on steps  Alaska                                                               
could take to  fortify the integrity of its election  system.  He                                                               
said  that  the  Division  of   Elections  (DOE)  has  made  some                                                               
regulatory  changes  as  part  of   an  ongoing  effort  to  make                                                               
improvements in the  security of the election system.   He stated                                                               
that one of the recommendations  from the national experts was to                                                               
discontinue electronic  - or  non-analog -  return of  ballots to                                                               
DOE,  therefore,  avoiding  the  possibility of  a  ballot  being                                                               
tampered  with or  manipulated in  the process  of its  return to                                                               
DOE.   He mentioned that  DOE has discontinued  accepting ballots                                                               
by email and  facsimile (fax) for the same  reason, since transit                                                               
over internet connections would be  susceptible to tampering.  He                                                               
added that fax return of ballots is outdated.                                                                                   
                                                                                                                                
4:28:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  whether the  proposed  legislation                                                               
would change the rules regarding DOE sending out ballots by fax.                                                                
                                                                                                                                
4:28:15 PM                                                                                                                    
                                                                                                                                
JOHN  SCANLON,  Staff,  Representative  Jonathan  Kreiss-Tomkins,                                                               
Alaska  State  Legislature,  replied  that Version  M  would  not                                                               
change the ability  of DOE to deliver absentee  ballots to voters                                                               
by fax.                                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX expressed  her understanding that currently                                                               
you  may receive  a  faxed ballot  from DOE  after  the time  has                                                               
passed for DOE  to send absentee ballots out by  mail.  She asked                                                               
whether currently one has the choice  to return the ballot to DOE                                                               
by fax or by mail.                                                                                                              
                                                                                                                                
MR. SCANLON responded that the  only absentee ballots that may be                                                               
returned by  fax are  absentee ballots that  a voter  received by                                                               
fax or through an online ballot delivery system.                                                                                
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether a  ballot must be  sent back                                                               
to DOE by fax  if received by fax or whether it  may be sent back                                                               
by mail.                                                                                                                        
                                                                                                                                
MR. SCANLON replied that currently  someone receiving a ballot by                                                               
fax may return it by fax or by mail.                                                                                            
                                                                                                                                
REPRESENTATIVE STORY  asked for  clarification.  She  stated that                                                               
her  understanding was  that a  ballot could  not be  returned by                                                               
fax.                                                                                                                            
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS   answered  by  saying   that  currently                                                               
ballots may be  returned by fax; under  the proposed legislation,                                                               
a ballot would not be allowed to be returned by fax.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  suggested that since DOE  barred return of                                                               
ballots by  email, it could,  on its  own, change the  rules with                                                               
respect to faxed ballots.                                                                                                       
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  offered his  understanding that  DOE had                                                               
regulatory authority to disallow ballot return by email.                                                                        
                                                                                                                                
4:31:51 PM                                                                                                                    
                                                                                                                                
GAIL FENUMIAI,  Director, Division of Elections  (DOE), Office of                                                               
the  Lieutenant  Governor  (OLG),   responded  that  it  was  her                                                               
understanding  that in  2018, DOE  made an  internal decision  to                                                               
disallow  the  return  of  ballots   through  the  online  ballot                                                               
delivery system.   She explained that the system  is not strictly                                                               
email; it  is a portal system  which consists of an  open network                                                               
over the  internet.  She  added that she  does not have  any more                                                               
history on that decision but would  be willing to research it and                                                               
provide the committee with more information.                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether it  is necessary to  pass HB                                                               
83 to change  the rules with respect to the  returning of ballots                                                               
by fax, or if DOE could  accomplish the change on its own through                                                               
a regulatory change.                                                                                                            
                                                                                                                                
MS.  FENUMIAI replied  that  statutes  specifically identify  the                                                               
returning  of  voted  ballots  by   fax.    She  referred  to  AS                                                               
15.20.066(b),  which references  the return  of voted  ballots by                                                               
fax; that statutory reference would  need to be repealed to allow                                                               
the change.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  for confirmation  that there  is no                                                               
statutory  reference  to the  returning  of  ballots through  the                                                               
portal system.                                                                                                                  
                                                                                                                                
MS. FENUMIAI  answered that to  the best of her  knowledge, there                                                               
is  no specific  reference  to [the  portal  system]; the  portal                                                               
system  is another  form of  voting  by electronic  transmission.                                                               
She  added  that  AS 15.20.066  specifically  mentions  returning                                                               
ballots by facsimile.                                                                                                           
                                                                                                                                
REPRESENTATIVE  WOOL suggested  that  the  internet has  security                                                               
issues  regardless of  the type  of transmission;  therefore, the                                                               
fax is being eliminated altogether [for ballot return].                                                                         
                                                                                                                                
MS. FENUMIAI responded  that the fax being discussed  is a "true"                                                               
faxing  - through  a fax  machine.   She said  that the  security                                                               
concerns come  from how  the term faxing  has changed  over time.                                                               
There are many different types of  methods of faxing; one can fax                                                               
through telephone  applications and non-analog type  lines, which                                                               
was the existing version of  technology in 1966 when the statutes                                                               
were first  implemented; and since  then technology  has changed.                                                               
She relayed that there is concern  that with the modern method of                                                               
faxing, there may be a "middleman" type of interference.                                                                        
                                                                                                                                
REPRESENTATIVE WOOL  suggested that  no matter how  an individual                                                               
receives a ballot,  DOE wants a paper ballot returned,  and it is                                                               
the only way it will accept the ballot.                                                                                         
                                                                                                                                
MS. FENUMIAI  replied, "It's  all paper ballot."   She  said that                                                               
currently if  someone was to  return a  ballot by fax,  DOE could                                                               
not use  that actual ballot  in the  count.  The  DOE bi-partisan                                                               
review board would  have to make a facsimile of  a facsimile onto                                                               
the AccuVote ballot paper for the vote to be counted.                                                                           
                                                                                                                                
REPRESENTATIVE  WOOL  asked  for   confirmation  that  under  the                                                               
proposed  legislation,  the  faxed  ballot  would  no  longer  be                                                               
accepted.   The voter must  return a hard  copy of the  ballot to                                                               
DOE; it cannot be returned electronically.                                                                                      
                                                                                                                                
MS.  FENUMIAI answered,  "That's correct.   It  would have  to be                                                               
returned by mail - by the U.S. Postal Service."                                                                                 
                                                                                                                                
4:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether  someone,  who receives  an                                                               
absentee  ballot either  by fax  or mail,  may drop  it off  at a                                                               
polling station.                                                                                                                
                                                                                                                                
MS. FENUMIAI responded affirmatively and  added that a person may                                                               
take it into a polling station or any regional office of DOE.                                                                   
                                                                                                                                
REPRESENTATIVE VANCE  referred to  the use  of a  privacy sleeve,                                                               
making the ballot  legitimate.  She asked how the  process - of a                                                               
ballot being received by the voter  by fax and returned to DOE by                                                               
mail - is  valid and secure from tampering, if  it didn't come in                                                               
a privacy sleeve like a traditional ballot.                                                                                     
                                                                                                                                
MS.   FENUMIAI  relayed   that   the  voter   is  supplied   with                                                               
instructions  on  putting the  voted  ballot  inside an  envelope                                                               
before putting  it into the  envelope to  be mailed back  to DOE.                                                               
She added that  voters who receive a ballot by  fax and return it                                                               
by fax also  sign a special oath declaring  that they acknowledge                                                               
they could  possibly be waiving  their rights to a  secret ballot                                                               
by returning the ballot by that method.                                                                                         
                                                                                                                                
CO-CHAIR  FIELDS asked,  "What if  ... the  Russians ...  were to                                                               
look  at our  voting rolls  and  identify a  group of  registered                                                               
voters  and request  absentee ballots  that would  be emailed  to                                                               
them or  ... faxed to  them, and then  fill out those  ballots on                                                               
their behalf  and return them?"   He asked, "...  what protection                                                               
would there be to validate  that information and prevent the kind                                                               
of fraud that  occurs ... analogous ... to tax  return fraud ..."                                                               
He acknowledged that  the legitimate voter might go  to the polls                                                               
on Election  Day only to discover  that [a vote had  already been                                                               
cast  in his/her  name].    He asked  whether  that scenario  has                                                               
occurred and whether  it is something DOE is aware  of and guards                                                               
against.                                                                                                                        
                                                                                                                                
MS. FENUMIAI answered that if someone  applies to vote by mail or                                                               
by  fax, the  application is  taken at  face value.   If  DOE can                                                               
identify  the  voter  based on  the  identification  that  he/she                                                               
provides and there is a signature, DOE accepts the application.                                                                 
                                                                                                                                
CO-CHAIR FIELDS stated that HB 83 would be held over.                                                                           
                                                                                                                                
4:41:21 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 4:41                                                                  
p.m.                                                                                                                            

Document Name Date/Time Subjects
HJR9.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HJR 9
HJR 9 - Sponsor Statement 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 - Supporting Document, EP Image Options 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 Fiscal Note LEG-SESS.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 Amendment (Rep. JKT).pdf HSTA 3/12/2019 3:00:00 PM
HJR 9
HB083 ver A 3.6.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 ver M 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Summary of Changes ver A to ver M 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Sectional Analysis 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Sponsor Statement 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Fiscal Note OOG-DOE 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB057 ver M 2.26.19.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M Sponsor Statement 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email string DLWD 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email from FYSA 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - legal memo to ver A 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - Code of Federal Regulations 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB57 Fiscal Note DOLWD-WH 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB020 ver A 01.07.19.PDF HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 ver S 03.07.19.PDF HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Summary of Changes Version A to S 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Sponsor Statement 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Sectional Analysis 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - 49th Rising_AS44.41.070_SAK Report.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - DPS-Annual-Sexual-Assualt-Kit-Inventory-Report-2018_ 11.01.18.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - SAK-Inventory-Report-and-Plan-DPS-2017.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Documents - Rape Kit Joyful Heart Foundation.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Documents STAR policy priorities.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Fiscal Note Ver A 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 State Affairs Presention 3.12.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20