Legislature(2017 - 2018)BUTROVICH 205

03/22/2018 03:30 PM STATE AFFAIRS

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Audio Topic
03:31:11 PM Start
03:32:20 PM Confirmation Hearing(s): Lieutenant Governor Successor, Board of Fisheries
04:09:04 PM SB186
04:37:09 PM HB31
05:23:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees TELECONFERENCED
Lt. Governor Successor:
Valerie Davidson
Board of Fisheries:
Orville Huntington
Duncan Fields -- Removed from Agenda --
-- Public Testimony on Appointees --
+ HB 31 SEX ASSAULT TRAINING & EXAM KITS;DOM VIOL TELECONFERENCED
Moved SCS CSHB 31(STA) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 186 VOTER REGISTRATION & PFD APP REGISTRATION TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 22, 2018                                                                                         
                           3:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Kevin Meyer, Chair                                                                                                      
Senator David Wilson                                                                                                            
Senator Cathy Giessel                                                                                                           
Senator John Coghill                                                                                                            
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Lieutenant Governor Successor                                                                                                 
     Commissioner Valerie Davidson - Juneau                                                                                     
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alaska Board of Fisheries                                                                                                     
     Orville Huntington - Huslia                                                                                                
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
SENATE BILL NO. 186                                                                                                             
"An Act relating to voter registration; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 31(FIN)                                                                                 
"An  Act  relating  to  law   enforcement  training  in  domestic                                                               
violence  and   sexual  assault;   relating  to   sexual  assault                                                               
investigation protocols;  requiring an  inventory and  reports on                                                               
untested sexual  assault examination  kits; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
           - MOVED SCS CSHB 31(STA) OUT OF COMMITTEE                                                                            
                                                                                                                                
      PREVIOUS COMMITTEE ACTION                                                                                               
                                                                                                                                
      BILL: SB 186                                                                                                            
      SHORT TITLE: VOTER REGISTRATION & PFD APP REGISTRATION                                                                    
      SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                              
                                                                                                                                
      02/16/18       (S)       READ THE FIRST TIME - REFERRALS                                                                  
      02/16/18       (S)       STA, FIN                                                                                         
      03/08/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                     
      03/08/18       (S)       Heard & Held                                                                                     
      03/08/18       (S)       MINUTE(STA)                                                                                      
      03/22/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                     
                                                                                                                                
      BILL: HB 31                                                                                                             
      SHORT TITLE: SEX ASSAULT TRAINING & EXAM KITS; DOM VIOL                                                                   
      SPONSOR(s): TARR                                                                                                          
                                                                                                                                
      01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                          
      01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                  
      01/18/17       (H)       STA, FIN                                                                                         
      01/31/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                     
      01/31/17       (H)       Heard & Held                                                                                     
      01/31/17       (H)       MINUTE(STA)                                                                                      
      02/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                     
      02/02/17       (H)       Heard & Held                                                                                     
      02/02/17       (H)       MINUTE(STA)                                                                                      
      02/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                     
      02/07/17       (H)       Moved HB 31 Out of Committee                                                                     
      02/07/17       (H)       MINUTE(STA)                                                                                      
      02/08/17       (H)       STA RPT 4DP                                                                                      
      02/08/17       (H)       DP: WOOL, LEDOUX, BIRCH, KREISS-TOMKINS                                                          
      03/13/17       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                 
      03/13/17       (H)       Heard & Held                                                                                     
      03/13/17       (H)       MINUTE(FIN)                                                                                      
      03/15/17       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                 
      03/15/17       (H)       Heard & Held                                                                                     
      03/15/17       (H)       MINUTE(FIN)                                                                                      
      03/31/17       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                 
      03/31/17       (H)       Heard & Held                                                                                     
      03/31/17       (H)       MINUTE(FIN)                                                                                      
      04/04/17       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                 
  04/04/17       (H)       Moved CSHB 31(FIN) Out of Committee                                                                  
04/04/17       (H)       MINUTE(FIN)                                                                                            
04/05/17       (H)       FIN RPT CS(FIN) NT 8DP 2NR                                                                             
04/05/17       (H)       DP: GARA, PRUITT, ORTIZ, THOMPSON,                                                                     
                         GUTTENBERG, GRENN, SEATON, FOSTER                                                                      
04/05/17       (H)       NR: WILSON, TILTON                                                                                     
04/07/17       (H)       TRANSMITTED TO (S)                                                                                     
04/07/17       (H)       VERSION: CSHB 31(FIN)                                                                                  
04/10/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/17       (S)       STA, FIN                                                                                               
03/22/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
VALERIE DAVIDSON, Commissioner                                                                                                  
Alaska Department of Health and Social Services                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified as appointee for lieutenant                                                                     
governor successor.                                                                                                             
                                                                                                                                
ORVILLE HUNTINGTON, appointee                                                                                                   
Alaska Board of Fisheries                                                                                                       
Alaska Department of Fish and Game                                                                                              
Huslia, Alaska                                                                                                                  
POSITION STATEMENT: Testified on his reappointment to the Board                                                               
of Fisheries.                                                                                                                   
                                                                                                                                
NORMAN VAN VACTOR, CEO                                                                                                          
Bristol Bay Economic Development Corporation                                                                                    
Dillingham, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of Mr. Huntington.                                                                   
                                                                                                                                
GARY CLINE, representing self                                                                                                   
Dillingham, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of Mr. Huntington.                                                                   
                                                                                                                                
GARY HOLLIER, representing self                                                                                                 
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of Mr. Huntington.                                                                   
                                                                                                                                
PAUL SHADURA II, representing self                                                                                              
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of Mr. Huntington.                                                                   
                                                                                                                                
JOSIE BAHNKE, Director                                                                                                          
Alaska Division of Elections                                                                                                    
      Office of the Lieutenant Governor                                                                                         
      Juneau, Alaska                                                                                                            
      POSITION STATEMENT: Addressed SB 186.                                                                                   
                                                                                                                                
      LIBBY BAKALAR, Assistant Attorney General                                                                                 
      Civil Division                                                                                                            
      Labor & State Affairs Section                                                                                             
      Alaska Department of Law                                                                                                  
      Juneau, Alaska                                                                                                            
      POSITION STATEMENT: Addressed an amendment for SB 186.                                                                  
                                                                                                                                
      REPRESENTATIVE GERAN TARR                                                                                                 
      Alaska State Legislature                                                                                                  
      Juneau, Alaska                                                                                                            
      POSITION STATEMENT: Sponsor of HB 31.                                                                                   
                                                                                                                                
      ORIN DYM, Forensic Laboratory Manager                                                                                     
      Alaska Department Public Safety                                                                                           
      Anchorage, Alaska                                                                                                         
      POSITION STATEMENT: Answered questions related to HB 31.                                                                
                                                                                                                                
      RANDI BREAGER, Criminal Justice Planner                                                                                   
      Scientific Crime Detection Laboratory                                                                                     
      Alaska Department of Public Safety                                                                                        
      Anchorage, Alaska                                                                                                         
      POSITION STATEMENT: Answered questions related to HB 31.                                                                
                                                                                                                                
      KEELEY OLSON, Standing Together Against Rape (STAR) and Alaska                                                            
      Network on Domestic Violence and Sexual Assault (ANDVSA)                                                                  
      Anchorage, Alaska                                                                                                         
      POSITION STATEMENT: Testified in support of HB 31.                                                                      
                                                                                                                                
      NANCY PORTO, representing self                                                                                            
      Kirkland, Washington                                                                                                      
      POSITION STATEMENT: Testified in support of HB 31.                                                                      
                                                                                                                                
      CASSANDRE HUMPHREY, representing self                                                                                     
      Burbank, California                                                                                                       
      POSITION STATEMENT: Testified in support of HB 31.                                                                      
                                                                                                                                
      JANIS JOHNSON, representing self                                                                                          
      Valdez, Alaska                                                                                                            
      POSITION STATEMENT: Testified in support of HB 31.                                                                      
                                                                                                                                
      BESSIE ODAM, representing self                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 31.                                                                            
                                                                                                                                
SALLY PORTO, representing self                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 31.                                                                            
                                                                                                                                
JANE ANDREEN, representing self and the Alaska Women's Lobby                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 31.                                                                            
                                                                                                                                
ALYSON CURREY, Legislative Liaison                                                                                              
Planned Parenthood Votes Northwest and Hawaii                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 31.                                                                            
                                                                                                                                
DIANA RHOADES, Staff                                                                                                            
Representative Tarr                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained an amendment for HB 31.                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:11 PM                                                                                                                    
CHAIR  KEVIN  MEYER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 3:31  p.m. Present at the  call to                                                               
order  were Senators  Wilson, Giessel,  Coghill, Egan,  and Chair                                                               
Meyer.                                                                                                                          
                                                                                                                                
^CONFIRMATION  HEARING(S): Lieutenant  Governor Successor,  Board                                                               
of Fisheries                                                                                                                    
                     CONFIRMATION HEARINGS                                                                                  
                 Lieutenant Governor Successor                                                                              
                       Board of Fisheries                                                                                   
                                                                                                                              
3:32:20 PM                                                                                                                    
CHAIR   MEYER   announced   the   consideration   of   governor's                                                               
appointees:  Commissioner Valerie  Davidson, lieutenant  governor                                                               
successor; Orville Huntington, appointee  for the Alaska Board of                                                               
Fisheries.                                                                                                                      
                                                                                                                                
3:32:41 PM                                                                                                                    
      VALERIE DAVIDSON,  Commissioner, Alaska Department  of Health and                                                         
      Social  Services,  Juneau,  Alaska,  testified as  appointee  for                                                         
      lieutenant governor successor and commented as follows:                                                                   
                                                                                                                                
           I  am not  planning on  going anywhere,  the lieutenant                                                              
           governor  is  not   planning  to  go  anywhere,  but  a                                                              
           statutory  requirement is  that the  state has  a third                                                              
           person  named  as  successor  in  the  event  something                                                              
           happens  so that  Alaska is  prepared  should something                                                              
           happen to the governor or lieutenant governor.                                                                       
                                                                                                                                
      COMMISSIONER DAVIDSON provided  the committee with her background                                                         
      information  in  Alaska.  She  said  she  takes  service  to  the                                                         
      community and the state very seriously.                                                                                   
                                                                                                                                
      3:37:03 PM                                                                                                              
      CHAIR  MEYER addressed Commissioner  Davidson's resume  and noted                                                         
      that she  had spent time in a program  for fetal alcohol spectrum                                                         
      disorders, a preventable disorder  that he has an interest in. He                                                         
      asked  what  prevention  work is  being  done  for fetal  alcohol                                                         
      spectrum disorders.                                                                                                       
                                                                                                                                
      COMMISSIONER  DAVIDSON  detailed  her  background  in  addressing                                                         
      fetal  alcohol  spectrum disorders  issues  when  she worked  for                                                         
      Senator   Binkley,   Yukon-Kuskokwim   Health  Corporation,   and                                                         
      currently as commissioner.                                                                                                
                                                                                                                                
      3:43:25 PM                                                                                                              
      SENATOR  WILSON  pointed   out  that  the  current  governor  and                                                         
      lieutenant  governor are  both  independents and  asked  what her                                                         
      party affiliation is.                                                                                                     
                                                                                                                                
      COMMISSIONER DAVIDSON replied  that her party affiliation is non-                                                         
      partisan.   She  explained  that   she  chose   her  non-partisan                                                         
      affiliation to  allow her the  flexibility to choose  a ballot in                                                         
      elections. She noted that  there were some years when she chose a                                                         
      Republican  ballot and  some years  she  had chosen  a Democratic                                                         
      ballot.                                                                                                                   
                                                                                                                                
      SENATOR  WILSON  asked  what  Commissioner  Davidson  viewed  the                                                         
      lieutenant   governor's  position  as   outside  of   the  normal                                                         
      statutorial and constitutional roles.                                                                                     
                                                                                                                                
      COMMISSIONER DAVIDSON answered as follows:                                                                                
                                                                                                                                
     I  think   one  of  the  biggest   responsibilities  is                                                                    
     supervising the  director of the Division  of Elections                                                                    
     to ensure that  every Alaskan can vote  in an election,                                                                    
     have  their  ballot  count,  and  to  ensure  fair  and                                                                    
     impartial elections.                                                                                                       
                                                                                                                                
COMMISSIONER   DAVIDSON   added   that  the   division   provides                                                               
information for  the decennial census redistricting  process. She                                                               
noted that the lieutenant governor also oversees the following:                                                                 
                                                                                                                                
   • State regulations publication.                                                                                             
   • The use of the Alaska State Seal.                                                                                          
   • Signature authentication for foreign governments when                                                                      
     required.                                                                                                                  
   • The commissions for the state's notaries public.                                                                           
   • The state's online notice system.                                                                                          
   • The publication of the Alaska Constitution.                                                                                
   • Stands in on behalf of the governor.                                                                                       
                                                                                                                                
3:47:27 PM                                                                                                                    
SENATOR WILSON asked if Commissioner  Davidson would redefine the                                                               
role of lieutenant governor if she was lieutenant governor.                                                                     
                                                                                                                                
COMMISSIONER DAVIDSON replied that she  was not sure if she would                                                               
redefine  the  lieutenant  governor's role  because  the  process                                                               
would be a  "heavy lift" for the lieutenant  governor's office as                                                               
well as for  the Division of Elections, especially  going into an                                                               
election cycle. She continued as follows:                                                                                       
                                                                                                                                
     I  know that  in the  last election  cycle almost  3000                                                                    
     employees  were  hired  to be  able  to,  as  temporary                                                                    
     employees, to be  able to handle ensuring  that we have                                                                    
     fair  and impartial  elections.  I don't  really see  a                                                                    
     substantial change  if I  were to  assume this  role. I                                                                    
     will be  honest that  when the governor  and lieutenant                                                                    
     governor  first asked  me about  this I  was absolutely                                                                    
     honored and of  course would happily step  in to assume                                                                    
     that role should something happen.                                                                                         
                                                                                                                                
3:49:20 PM                                                                                                                    
CHAIR MEYER  pointed out  that one  of the  lieutenant governor's                                                               
responsibilities   is  approving   initiatives.  He   noted  that                                                               
Commissioner  Davidson has  a legal  background that  would allow                                                               
her to  work closely with the  Department of Law to  determine if                                                               
      initiatives were legal. He asked if Commissioner David was                                                                
      concerned that the state has seen an increase in initiatives.                                                             
                                                                                                                                
      COMMISSIONER DAVIDSON answered as follows:                                                                                
                                                                                                                                
           The  lieutenant governor oversees  not only initiatives                                                              
           but also referendums  and recalls, and you are correct,                                                              
           the lieutenant  governor and the  Division of Elections                                                              
           do  rely  upon the  Department  of Law  to  be able  to                                                              
           provide  that  legal analysis  and  I just  want  to be                                                              
           clear to  you and the  rest of the committee  that I am                                                              
           not  stepping  into an  attorney  general-like role  in                                                              
           this  position. I very  much respect the  office of the                                                              
           attorney general,  likewise in this position  that I am                                                              
           currently  in  as  commissioner  of the  Department  of                                                              
           Health and  Social Services. We  have had conversations                                                              
           about  a variety  of things over  this term  about what                                                              
           policy direction  I would like us  to go in litigation,                                                              
           but  I also  respect  that the  attorney  general makes                                                              
           that decision on behalf of the state.                                                                                
                                                                                                                                
      3:52:00 PM                                                                                                              
      CHAIR MEYER opened and closed public testimony                                                                            
                                                                                                                                
      3:52:10 PM                                                                                                              
      CHAIR MEYER found no objection and read the following statement:                                                          
                                                                                                                                
           In  accordance  with  AS  39.05.080, the  Senate  State                                                              
           Affairs  Committee   has  reviewed  the  appointee  and                                                              
           recommends  the  appointment be  forwarded  to a  joint                                                              
           session  for consideration;  this does  not  reflect an                                                              
           intent  of  any  members to  vote  for  or against  the                                                              
           confirmation  of  the  individual  during  any  further                                                              
           sessions.                                                                                                            
                                                                                                                                
      3:52:43 PM                                                                                                              
      CHAIR MEYER announced that the next confirmation hearing is to                                                            
      consider Mr. Orville Huntington's reappointment to the Alaska                                                             
      Board of Fisheries.                                                                                                       
                                                                                                                                
      3:53:00 PM                                                                                                              
      ORVILLE HUNTINGTON, appointee,  Alaska Board of Fisheries, Alaska                                                         
      Department of  Fish and Game,  Huslia, Alaska, noted  that he has                                                         
      served two  terms on the board and  was seeking reappointment. He                                                         
stated  that  if  he  was  reappointed to  the  board  that  this                                                               
reappointment would be his last.                                                                                                
                                                                                                                                
3:54:10 PM                                                                                                                    
SENATOR  WILSON asked  if user-type  or geographical  location is                                                               
more important in terms of serving on the board.                                                                                
                                                                                                                                
MR.  HUNTINGTON   replied  that  serving   on  the  board   is  a                                                               
combination of both. He continued as follows:                                                                                   
                                                                                                                                
     You  get   a  lot  more  information   from  the  local                                                                    
     fishermen in  that area  where we  are meeting  but the                                                                    
     problem is, they are always  conflicted-out, so it does                                                                    
     seem to  be the  user-type of  who they  represent when                                                                    
     they come onboard.  I found that all  the board members                                                                    
     that  I   have  ever  worked  with   have  been  fairly                                                                    
     unbiased, we  are all open  minded and we try  our best                                                                    
     to represent  everyone for the State  of Alaska because                                                                    
     these laws are so important.                                                                                               
                                                                                                                                
CHAIR  MEYER  noted  that  Mr.  Huntington is  known  as  a  "tie                                                               
breaker" on the board because  he is a subsistence representative                                                               
versus a sport or commercial  representative. He pointed out that                                                               
one of  the board's future meeting  was voted to be  in Anchorage                                                               
and then somehow the meeting  was changed to the Kenai Peninsula.                                                               
He  asked  why  the  board  meeting  was  changed  to  the  Kenai                                                               
Peninsula.                                                                                                                      
                                                                                                                                
MR. HUNTINGTON  replied that  he was not  sure. He  surmised that                                                               
the venue  change was  due to  a board  member stepping  down. He                                                               
said he  has always been  open to changing board  meeting venues.                                                               
He noted that he understood  the financial constraints on holding                                                               
meetings in rural areas but  supported having some meetings in an                                                               
area where the people fish.                                                                                                     
                                                                                                                                
3:57:49 PM                                                                                                                    
CHAIR  MEYER  asked how  he  voted  on  moving the  meeting  from                                                               
Anchorage to the Kenai Peninsula.                                                                                               
                                                                                                                                
MR.  HUNTINGTON  explained that  he  did  not have  a  preference                                                               
either  way and  initially  voted with  the  board membership  in                                                               
favor of Anchorage.                                                                                                             
                                                                                                                                
      SENATOR GIESSEL  remarked that she  was pleased to  hear that the                                                         
      Board of Fish meeting  was scheduled for the Kenai Peninsula. She                                                         
      addressed her question for Mr. Huntington as follows:                                                                     
                                                                                                                                
           My  question  has   to  do  with  legislation  that  is                                                              
           promoting  an interesting  idea that  being  that board                                                              
           members are often  conflicted-out, that is to say maybe                                                              
           the vote  or the subject is on  commercial fishing in a                                                              
           certain area  and a board  member has a  permit in that                                                              
           area, and so they  have to actually leave the table and                                                              
           go  sit  in the  audience;  I  think this  particularly                                                              
           happens on the  Board of Game, but apparently the Board                                                              
           of Fisheries  may have the same issue.  The proposal by                                                              
           one of  the House members was that  this be modified so                                                              
           that  the board member  who had  a permit in  a certain                                                              
           area  which  was  under  discussion  would be  able  to                                                              
           continue  to sit at  the table and  share the expertise                                                              
           that  they  have.   In  your  case,  you  are  bringing                                                              
           expertise  on the subject  of subsistence and  we would                                                              
           want you to be  able to offer that to the board as they                                                              
           discuss  the subject of  subsistence, for  example, and                                                              
           then  on the  vote you  would recuse  yourself.  Do you                                                              
           have an opinion about that idea?                                                                                     
                                                                                                                                
      3:59:50 PM                                                                                                              
      MR.  HUNTINGTON replied that  the proposed legislation  is a good                                                         
      idea, even if the  board member cannot vote the individual is the                                                         
      most knowledgeable about the  fishery in the area where the board                                                         
      is meeting. He continued as follows:                                                                                      
                                                                                                                                
           I think we would  benefit from them at least sitting at                                                              
           the table  and telling us they don't  have to influence                                                              
           us in any  way, but just providing information would be                                                              
           good for the board process.                                                                                          
                                                                                                                                
      SENATOR  WILSON asked when  he was self-employed  as a commercial                                                         
      fisherman.                                                                                                                
                                                                                                                                
      MR.  HUNTINGTON  answered  that  he  had commercially  fished  in                                                         
      Galena, but the endeavor was not economically feasible.                                                                   
                                                                                                                                
      SENATOR   WILSON  remarked  that   he  valued   Mr.  Huntington's                                                         
      expertise  on the  board  as a  wildlife biologist.  He  said Mr.                                                         
      Huntington  brings a  different perspective  to the  actual user-                                                         
      group as well.                                                                                                            
                                                                                                                                
4:01:47 PM                                                                                                                    
CHAIR MEYER opened public testimony.                                                                                            
                                                                                                                                
4:02:16 PM                                                                                                                    
NORMAN  VAN   VACTOR,  CEO,  Bristol  Bay   Economic  Development                                                               
Corporation,  Dillingham, Alaska,  testified  in  support of  Mr.                                                               
Huntington. He opined that Mr. Huntington  is a huge asset to the                                                               
state, a  dedicated public  servant, and  the state  needs people                                                               
like Mr. Huntington.                                                                                                            
                                                                                                                                
4:02:57 PM                                                                                                                    
GARY CLINE,  representing self, Dillingham, Alaska,  testified in                                                               
support of Mr.  Huntington. He said he may not  always agree with                                                               
Mr. Huntington  but remarked  that Mr.  Huntington uses  the best                                                               
information available to make the soundest decision.                                                                            
                                                                                                                                
4:04:03 PM                                                                                                                    
GARY  HOLLIER, representing  self,  Kenai,  Alaska, testified  in                                                               
support of  Mr. Huntington.  He noted that  he has  attended many                                                               
board meetings  and asserted that  Mr. Huntington is an  asset to                                                               
the board.                                                                                                                      
                                                                                                                                
4:04:41 PM                                                                                                                    
PAUL SHADURA  II, representing self, Kenai,  Alaska, testified in                                                               
support of Mr. Huntington. He  noted that Mr. Huntington has been                                                               
a  board  member   since  2012  and  has  shown   his  skills  in                                                               
considering  the   resource  first   and  the   ramifications  of                                                               
management  and policy  decisions on  the regional  economies and                                                               
traditional users.  He said Mr. Huntington  exemplifies diversity                                                               
and has  the scientific background  to make decisions  based upon                                                               
the best available science. He  added that Mr. Huntington has the                                                               
personal experience  of working  with Alaskans  that rely  on the                                                               
fisheries  resources for  subsistence and  the multiple  years of                                                               
supporting  the economy  while supplying  food for  residents and                                                               
nonresidents.                                                                                                                   
                                                                                                                                
4:07:51 PM                                                                                                                    
CHAIR MEYER closed public testimony.                                                                                            
                                                                                                                                
4:08:28 PM                                                                                                                    
CHAIR MEYER found no objection and read the following statement:                                                                
                                                                                                                                
       In accordance with AS 39.05.080, the Senate State                                                                        
        Affairs Committee has reviewed the appointee and                                                                        
           recommends  the  appointment be  forwarded  to a  joint                                                              
           session  for   consideration;  this  does  not  reflect                                                              
           intent  of  any  members to  vote  for  or against  the                                                              
           confirmation  of  the  individual  during  any  further                                                              
           sessions.                                                                                                            
                                                                                                                                
               SB 186-VOTER REGISTRATION & PFD APP REGISTRATION                                                             
                                                                                                                                
      4:09:04 PM                                                                                                              
      CHAIR MEYER announced the  consideration of SB 186. He noted that                                                         
      the  committee  last heard  SB  186  on March  8  and there  were                                                         
      numerous questions  posed by committee members  that the Division                                                         
      of Elections has returned to address.                                                                                     
                                                                                                                                
      4:10:11 PM                                                                                                              
      JOSIE BAHNKE,  Director, Alaska Division of  Elections, Office of                                                         
      the  Lieutenant  Governor,  Juneau,  Alaska, announced  that  the                                                         
      division had an amendment to offer for SB 186.                                                                            
                                                                                                                                
      CHAIR MEYER  noted that there  were two amendments  for the bill,                                                         
      one  from  the Division  of  Elections and  another  from Senator                                                         
   Coghill. He asked that Senator Coghill move his amendment.                                                                   
                                                                                                                                
      4:11:15 PM                                                                                                              
      SENATOR COGHILL moved Amendment 1, [30-GS2097\A.1]:                                                                       
                                                                                                                                
                                 AMENDMENT 1                                                                                
                                                                                                                                
                                                                                                                                
           OFFERED IN THE SENATE                   BY SENATOR COGHILL                                                           
           TO: SB 186                                                                                                           
                                                                                                                                
           Page 1, following line 2:                                                                                            
           Insert a new bill section to read:                                                                                   
              "* Section 1. AS 15.07.050(a) is amended to read:                                                             
                (a)  Registration may be made                                                                                   
                     (1)  in person before a registration                                                                       
        official or through a voter registration agency;                                                                        
                     (2)  by another individual on behalf of the                                                                
     voter  if  the voter  has  executed  a written  general                                                                    
     power  of  attorney  or  a  written  special  power  of                                                                    
     attorney authorizing that  other individual to register                                                                    
     the voter;                                                                                                                 
               (3)  by mail;                                                                                                    
               (4)  by facsimile transmission, scanning, or                                                                     
       another method of electronic transmission that the                                                                       
     director approves; or                                                                                                      
               (5)  by requesting to be registered as a                                                                     
        voter on [COMPLETING] a permanent fund dividend                                                                     
     application form under AS 43.23.015."                                                                                  
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "completing"                                                                                                   
          Insert "requesting registration on [COMPLETING]"                                                                  
          Delete "with"                                                                                                     
          Insert "form and including"                                                                                       
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "included"                                                                                                 
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "submit a"                                                                                                 
          Insert "request to be registered on a"                                                                            
                Following "application":                                                                                    
                Insert "form submitted"                                                                                     
                                                                                                                                
           Page 2, line 4:                                                                                                      
                Delete "declines to"                                                                                        
                Insert "who requests to be registered does not"                                                             
                                                                                                                                
           Page 2, line 5:                                                                                                      
                Delete "[AN"                                                                                                    
                Insert "[SUBMIT AN"                                                                                             
                                                                                                                                
           Page 2, line 11, following "notify":                                                                                 
                Insert ","                                                                                                  
                                                                                                                                
           Page 2, line 12, following "applicant":                                                                              
                Insert "who requested registration of the                                                                   
           applicant's registration status"                                                                                 
                                                                                                                                
           Page 2, lines 13 - 14:                                                                                               
                Delete "of the applicant's registration status"                                                             
                                                                                                                                
           Page 2, lines 25 - 26:                                                                                               
                Delete "[IF AN APPLICANT DOES NOT DECLINE TO BE                                                                 
           REGISTERED AS A VOTER WITHIN"                                                                                        
                Insert "If an applicant requests [DOES NOT                                                                  
       DECLINE] to be registered as a voter, the [WITHIN"                                                                   
                                                                                                                                
           Page 2, line 28:                                                                                                     
                Delete "FORM.] The"                                                                                             
                Insert "[FORM. THE]"                                                                                            
                                                                                                                                
     Page 3, following line 1:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 6. AS 43.23.015(b) is amended to read:                                                                      
          (b)  The department shall prescribe and furnish                                                                       
     an  application  form  for claiming  a  permanent  fund                                                                    
     dividend. The application must include                                                                                     
               (1)  notice of the penalties provided for                                                                        
     under AS 43.23.035;                                                                                                        
               (2)  a statement of eligibility and a                                                                            
     certification of residency;                                                                                                
               (3)  the means for an applicant eligible to                                                                      
     vote under AS 15.05,  or a person authorized  to act on                                                                    
     behalf of the applicant,  to request that the applicant                                                                
     be  registered  as  a  voter,  to  furnish  information                                                                
     required  by AS 15.07.060(a)(1)  - (4)  and (7)  - (9),                                                                    
     and  to   attest  [AN  ATTESTATION]  that   the  [SUCH]                                                            
     information is true."                                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 3 - 5:                                                                                                       
          Delete "Except for a permanent fund dividend                                                                      
     application  where the  applicant  declines to  provide                                                                
     the  information  required under  AS 15.07.060(a)(1)  -                                                                
     (4) and (7) - (9), the [THE] "                                                                                         
          Insert "The"                                                                                                          
                                                                                                                                
     Page 3, line 11, following "who":                                                                                          
          Insert "requested to be registered to vote and"                                                                   
                                                                                                                                
           Page 3, line 19:                                                                                                     
                Delete "secs. 1 - 5"                                                                                            
                Insert "secs. 1 - 7"                                                                                            
                                                                                                                                
           Page 3, line 27:                                                                                                     
                Delete "Sections 1 - 5"                                                                                         
                Insert "Sections 1 - 7"                                                                                         
                                                                                                                                
           Page 3, line 28:                                                                                                     
                Delete "sec. 8"                                                                                                 
                Insert "sec. 10"                                                                                                
                                                                                                                                
      4:11:27 PM                                                                                                              
      CHAIR MEYER objected for discussion purposes.                                                                             
                                                                                                                                
      SENATOR COGHILL  said he does not entirely  agree with an earlier                                                         
      statement by  the director that  the form would be  better off to                                                         
      have  someone  opt-in. He  pointed  out that  the  ballot measure                                                         
      meant to  register people to vote during  the process of applying                                                         
      for their Permanent Fund  dividend (PFD). He noted that page 1 in                                                         
      the  initiative   gives  six  reasons  for  the   intent  of  the                                                         
      initiative and specified that the fourth reason says:                                                                     
                                                                                                                                
           In  the   intent  that  the   permanent  fund  dividend                                                              
           applicants  who  wish to  register  to  vote or  update                                                              
           their  voter  registration must  submit  information to                                                              
       the state the second time using a different form.                                                                        
                                                                                                                                
      He commented on the initiative's language as follows:                                                                     
                                                                                                                                
           It starts  off with the kind of  permission and I think                                                              
           that's  a big deal  to me, but  it says it  can relieve                                                              
           the voters of a  burden by having them complete that on                                                              
           a permanent  fund dividend application;  I think that's                                                              
           okay  and I think  that the opt-in/opt-out  is two very                                                              
           different ways  of looking at  it and here's  how I see                                                              
           the  difference. The  way that  it was  written  is you                                                              
     would be automatically registered  unless you opted out                                                                    
     and the division is asking for.                                                                                            
                                                                                                                                
4:13:53 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:14:59 PM                                                                                                                    
CHAIR MEYER called the committee back to order.                                                                                 
                                                                                                                                
SENATOR COGHILL continued as follows:                                                                                           
                                                                                                                                
     There were  two things  that I was  going to  refer to,                                                                    
     the ballot  measure itself and the  intent. The intent,                                                                    
     as people read it, was  to relieve qualified voters who                                                                    
     apply for a  PFD from the burden of  having to complete                                                                    
     additional  paperwork. I  think  an  opt-in still  does                                                                    
     that  and  so  it's  well  within  the  reason  of  our                                                                    
     initiative.                                                                                                                
                                                                                                                                
     I was  going to  read the constitution  to you  on that                                                                    
     particular  issue because  we have  court cases,  I get                                                                    
     that, but we  also have a constitution  and I'm willing                                                                    
     to  challenge it,  it says  in Article  XI, section  6,                                                                    
     about halfway down, it says,  "It's not subject to veto                                                                    
     and may not  be repealed by the  Legislature within two                                                                    
     years of the  effective date, it may be  amended at any                                                                    
     time;"  very  explicit  language in  the  constitution,                                                                    
     very clear, very plain, it  may not be repealed, but it                                                                    
     may be amended and I see  this as an amendment, you can                                                                    
     look at  their answer,  they see this  as a  "more than                                                                    
     that,"  it would  probably go  to  court and  I have  a                                                                    
     legal opinion that  says we think that it  might and we                                                                    
     think that it might not, so that's an open question.                                                                       
                                                                                                                                
     If  you look  at  the initiative  language the  opt-out                                                                    
     doesn't even come until page 3,  and it's at the top of                                                                    
     page  3  and  subsection  3,  "If  applicant  does  not                                                                    
     decline to be registered and  failure to respond to the                                                                    
     notification on subsection (b)."  So, for those who see                                                                    
     the intent have to dig pretty deep to get to that.                                                                         
                                                                                                                                
4:17:05 PM                                                                                                                    
He continued as follows:                                                                                                        
                                                                                                                                
           Now,  it is  true that in  the ballot  measure language                                                              
           they  combine two  things  in the  last  sentence, "New                                                              
           voters  will  receive a  notification  in  the mail  to                                                              
           either  declare a political  affiliation or opt  out of                                                              
           the voter  registration process." So, it  does say that                                                              
           after  two pretty good  significant paragraphs,  but it                                                              
           also says  for a small  change our state  can reap huge                                                              
           benefits and these benefits are three:                                                                               
                                                                                                                                
                1. Make government more efficient and save                                                                      
                taxpayer dollars.                                                                                               
                2. Voter databases become more accurate and                                                                     
                secure.                                                                                                         
                3. Every eligible voter gets an equal opportunity                                                               
                to have their voice heard in our democracy.                                                                     
                                                                                                                                
           That's what people are  going to pay attention to, so I                                                              
           think  it is  well within  our reason.  So,  the courts                                                              
           have several different  tests that they are going to go                                                              
           through,  I get that.  I just  wanted to make  the case                                                              
           that the  burden should, the burden  of the willingness                                                              
           to vote, still  belongs to the voters. There should not                                                              
           be  a  presumption   on  a  government  that  they  are                                                              
           registered to vote,  there should be a presumption that                                                              
           the individual chooses to vote.                                                                                      
                                                                                                                                
           The next  thing we are  going to talk  about is sending                                                              
           notices back  and forth, all you have to  do is say, "I                                                              
           want  to register to  vote," just  like you do  on your                                                              
           car  registration,  it's  just  a  simple, "I  want  to                                                              
           register  to vote;" this  way you have  to actually get                                                              
           information back and  they are trying to change that to                                                              
           say, "I want to  opt out," it's an awkward way of doing                                                              
           it.                                                                                                                  
                                                                                                                                
           So,  to  me  the  burden  if  you  will  or  the  least                                                              
           restrictive  means to the  individual would be  to just                                                              
           opt-in.  The  least restrictive  to  the government  is                                                              
           you've got  to opt-out. I  just error on the  side or I                                                              
           fall on the  side of having the least restrictive means                                                              
           to  the  individual,  that's  just  me,  so  that's  my                                                              
           argument.                                                                                                            
                                                                                                                                
      4:19:13 PM                                                                                                              
      CHAIR MEYER asked if he had a legal opinion.                                                                              
                                                                                                                                
SENATOR COGHILL  replied that his  legal opinion said,  "We think                                                               
it may  and we think  it may not."  He opined that  his amendment                                                               
may not be a problem.                                                                                                           
                                                                                                                                
SENATOR GIESSEL asked Senator Coghill to explain Amendment 1.                                                                   
                                                                                                                                
SENATOR COGHILL  summarized that  the amendment changes  the opt-                                                               
out in  the bill  to an  opt-in. He  conceded that  the amendment                                                               
might be litigated but emphasized  that an individual should have                                                               
the  right to  say, "I  want to  vote," instead  of saying,  "I'm                                                               
already registered,  I don't  want to  be registered."  He opined                                                               
that his  amendment is a  better civics concept where  the burden                                                               
is  placed on  the voter  to register  rather than  a presumption                                                               
that goes to the state.                                                                                                         
                                                                                                                                
4:24:29 PM                                                                                                                    
LIBBY BAKALAR,  Assistant Attorney General, Alaska  Department of                                                               
Law, Juneau, Alaska, addressed Amendment 1 as follows:                                                                          
                                                                                                                                
     I have  reviewed the memo from  legislative counsel and                                                                    
     I agree  with it overall.  The germane sentence  in Mr.                                                                    
     Bullard's  memo is  that, "There  exists a  possibility                                                                    
     that  requiring   an  applicant  to  opt-in   could  be                                                                    
     interpreted by  a court as  so significant a  change to                                                                    
     the  initiated law  that it  functions as  a repeal  of                                                                    
     15PFVR,"  which  is  the  ballot  initiative  that  was                                                                    
     enacted in the 2016 general  election. In my view, that                                                                    
     outcome  is  more  likely than  not  because  the  core                                                                    
     intent  behind   the  initiative   was  to   create  an                                                                    
     automatic  voter  registration   process,  the  opt-out                                                                    
     provisions are sort of the  heart of that process and I                                                                    
     think  that the  Supreme Court  would more  likely than                                                                    
     not reach  the conclusion  that this type  of amendment                                                                    
     prior   to   March   of  2019   would   constitute   an                                                                    
     unconstitutional repeal of the bill.                                                                                       
                                                                                                                                
     So,  Mr.  Bullard  has correctly  identified  the  core                                                                    
     legal issue.  I think  that yes,  he is  saying "maybe,                                                                    
     maybe not." I think more  "maybe yes" based on what I'm                                                                    
     reading   and  specifically   in  section   5  of   the                                                                    
     initiative what  I understood  the sponsors'  intent to                                                                    
     be. My  understanding from  working with  the sponsors'                                                                    
     post enactment that  this is really all  about the opt-                                                                    
     out  process  and  with respect  to  Senator  Coghill's                                                                    
           concerns  about where  the  burden falls  on  the state                                                              
           versus  the  government,  this  is something  that  the                                                              
           people  enacted, the people  voted for it.  So, we have                                                              
           no choice really but  to assume this is what the people                                                              
           want is to  have this automatic opt-out process. Now, I                                                              
           think were Senator  Coghill's amendment to be adopted I                                                              
           think  the amendment is  sufficiently deviant  from the                                                              
           core of  the intent of the initiative  that a court, if                                                              
           this  were litigated, would  more likely than  not find                                                              
           this to be  affectively a repeal of the measure, that's                                                              
           my legal opinion.                                                                                                    
                                                                                                                                
      4:26:58 PM                                                                                                              
      SENATOR COGHILL responded to Ms. Bakalar's response                                                                       
                                                                                                                                
           We had  this conversation and  as you can  see from the                                                              
           legal  opinion a  lot of it  is what-if  language, it's                                                              
           not very emphatic and  so I get that and I don't see it                                                              
           going to  the heart of  it because the heart  of it was                                                              
           to make  it easier for people to  register; in fact, if                                                              
           you  go back  and listen to  all of  the advertisements                                                              
           that happened,  it was really centered  on, it makes it                                                              
           easy for  you to register  to vote and it  should be on                                                              
           the your  PFD and then to simply say,  "Okay, I want to                                                              
           register on the  PFD," seems cleaner, clearer, and less                                                              
           expensive.  So, I  don't think it  goes outside  of the                                                              
           realm  of either  the  ballot measure  language  or the                                                              
           actual  legislative  intent  in  the  language  of  the                                                              
           thing. So,  it does change some of it,  but I think our                                                              
           constitutional  duty is very,  very clear, that  we may                                                              
           amend  it  at  any  time.  I  think this  is  a  proper                                                              
           amendment,  it  does speak  to  a court  issue,  but it                                                              
           doesn't  change, I think,  the core of  the expectation                                                              
           of  the initiative.  So,  that's just  my  argument, we                                                              
           just fundamentally disagree  on this, it's a reasonable                                                              
           argument both ways, but that's where I fall.                                                                         
                                                                                                                                
      4:28:19 PM                                                                                                              
      CHAIR MEYER asked Ms. Bakalar to verify that the initiative                                                               
      cannot be amended for two years.                                                                                          
                                                                                                                                
      MS. BAKALAR specified as follows:                                                                                         
                                                                                                                                
           You  may amend it  at any time,  you may not  repeal it                                                              
           before two  years, but what  the case law  says is that                                                              
     some   amendments   are   so  significant   that   they                                                                    
     "vitiate," is the word that  the Supreme Court uses, so                                                                    
     vitiate the  initiative as to constitute  effectively a                                                                    
     repeal of the initiative.                                                                                                  
                                                                                                                                
CHAIR MEYER asked if she believes that the amendment effectively                                                                
repeals the initiative.                                                                                                         
                                                                                                                                
MS. BAKALAR replied yes.                                                                                                        
                                                                                                                                
SENATOR COGHILL responded as follows:                                                                                           
                                                                                                                                
     I think  that it falls  right square in the  intent and                                                                    
     this  idea of  using  a permanent  fund  dividend as  a                                                                    
     place to apply  for a voter registration,  that was the                                                                    
     core intent, and this makes it  so easy all you have to                                                                    
     do is say, "Yes, I want  to register to vote." So, that                                                                    
     is the difference of opinion we have.                                                                                      
                                                                                                                                
4:29:15 PM                                                                                                                    
CHAIR MEYER agreed with legal counsel and maintained his                                                                        
objection. He asked for a roll call vote.                                                                                       
                                                                                                                                
A roll call vote was taken. Senators Wilson, Giessel, Egan, and                                                                 
Coghill voted in favor of Amendment 1 and Chair Meyer voted                                                                     
against it. Therefore, Amendment 1 passed by a 4:1 vote.                                                                        
                                                                                                                                
4:30:34 PM                                                                                                                    
CHAIR MEYER asked Director Bahnke to proceed with Amendment 2.                                                                  
                                                                                                                                
4:30:56 PM                                                                                                                    
SENATOR GIESSEL moved Amendment 2. She noted that the amendment                                                                 
does not have a legal drafting number and simply states on the                                                                  
top of the document: AM - to SB 186, 03/07/2018.                                                                                
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: SB 186                                                                                                            
                                                                                                                                
     Page 2, line 2, following "treat":                                                                                         
          Delete "an eligible"                                                                                              
                Insert "a"                                                                                                  
                                                                                                                                
           Page 2, line 3, following "applicant":                                                                           
                Insert "under AS 43.23.016"                                                                                 
                                                                                                                                
           Page 2, line 9:                                                                                                      
                Delete "Upon"                                                                                                   
                Insert  "The director  shall  establish procedures                                                          
           to allow  a permanent fund dividend  applicant under AS                                                          
           43.23.015  to   decline  voter  registration  under  AS                                                          
           43.23.016 when  applying for a  permanent fund dividend                                                          
           under AS  43.23.015. The procedures may  include a form                                                          
           prescribed  by  the  director.  For  a  permanent  fund                                                          
           dividend   applicant  that   does  not   decline  voter                                                          
           registration   through  the  permanent   fund  dividend                                                          
           application, upon[UPON]"                                                                                       
                                                                                                                              
           Page 2, lines 12 - 13:                                                                                               
                Delete "[NOT ALREADY REGISTERED TO VOTE]"                                                                       
                Insert "not already registered to vote"                                                                     
                                                                                                                                
           Page 3, line 5, following "(9)":                                                                                 
                Insert  "under  the  procedures  developed by  the                                                          
           director  of   the  division  of   elections  under  AS                                                          
           15.07.070(k)"                                                                                                    
                                                                                                                                
      4:31:20 PM                                                                                                              
      CHAIR MEYER objected for discussion purposes.                                                                             
                                                                                                                                
      MS. BAHNKE explained Amendment 2 as follows:                                                                              
                                                                                                                                
           Page 2, line 2:                                                                                                    
     Delete "an  eligible;" this  is to  provide an  area of                                                                    
     clarity  and  to   streamline  the  voter  registration                                                                    
     process with regards to eligibility  of a PFD applicant                                                                    
     and  a registered  voter; this  was  needed because  we                                                                    
     don't know if one is eligible  at the time they come in                                                                    
     the door to  apply for a PFD, so we  saw as a necessary                                                                    
     change to clarify that.                                                                                                    
                                                                                                                                
     Page 2, line 3:                                                                                                          
     Following "applicant"  we inserted  reference to  a PFD                                                                    
     statute  and   that  was   for  conformity   by  adding                                                                    
     reference to AS 43.23.016.                                                                                                 
                                                                                                                                
     Page 2, line 9:                                                                                                          
     Delete "Upon" then insert how  the opt-out process will                                                                    
     work  in practice  and sets  opt-out standards  for the                                                                    
     director  and  allows  the director  to  come  up  with                                                                    
     procedures.                                                                                                                
                                                                                                                                
     Page 2, lines 12-13:                                                                                                     
     We added this  back in, it was  originally deleted, but                                                                    
     we added it back in,  "not already registered to vote,"                                                                    
     because  the  division  will   want  to  provide  newly                                                                    
     registered voters  a voter card,  so it  eliminated the                                                                    
     necessity of a  mailer but we want to add  back in "not                                                                    
     already registered to vote" because  we still will want                                                                    
     to mail them a new voter card.                                                                                             
                                                                                                                                
     Page 3, line 5:                                                                                                          
     Allows the division director to adopt regulations.                                                                         
                                                                                                                                
4:33:23 PM                                                                                                                    
SENATOR COGHILL commented as follows:                                                                                           
                                                                                                                                
     Because  of the  opt-in/opt-out  debate, certainly  the                                                                    
     lines  8-14 are  not going  to work  in this  bill. So,                                                                    
     what is necessary in this  particular amendment for you                                                                    
     to  manage, for  example,  the  not already  registered                                                                    
     vote. So, let's  go through this and find  out based on                                                                    
     the  amendment   we  just   did,  what   is  absolutely                                                                    
     necessary  for you  to do  to  make it  smoother or  is                                                                    
     there anything, based on  the amendment, nothing, right                                                                    
     at this point?                                                                                                             
                                                                                                                                
MS. BAKALAR responded as follows:                                                                                               
                                                                                                                                
           I do  think the passage of the  previous amendment will                                                              
           probably sort of moot  the reason for this piece of the                                                              
           amendment, it's  hard for me to visualize  without a CS                                                              
           in front of  me, I kind of need to  look at the CS with                                                              
           both  amendments together  to see  what works  and what                                                              
           doesn't  work because  it's hard for  me to  picture it                                                              
           all  in  pieces;   but,  certainly  this  part  of  the                                                              
           amendment that  we are looking at  that Senator Coghill                                                              
           has identified, lines  8-14 on page 1 of our amendment,                                                              
           certainly  is  implicated by  the  amendment that  just                                                              
           passed  and because it  goes to the  opt-out procedures                                                              
           if  there is no  opt-out procedure in  the bill anymore                                                              
           then  I don't  know that this  piece is  needed because                                                              
           the whole  reason for this piece  was to facilitate and                                                              
           streamline the opt-out  procedure. So, if the amendment                                                              
           is   to  do  away   with  the  opt-out   then  I  don't                                                              
           necessarily, and  again, I will qualify  my response by                                                              
           saying  I would  need to  see the  CS and  consult with                                                              
           Legislative  Legal and my  colleagues, etcetera,  but I                                                              
           don't  think  this  piece  of  the amendment  would  be                                                              
           necessarily  needed anymore because  it does go  to the                                                              
           whole  opt-out concept and  if that concept  is removed                                                              
           from the  bill then I  don't think we  will likely need                                                              
           that piece.                                                                                                          
                                                                                                                                
      4:35:28 PM                                                                                                              
      SENATOR COGHILL replied as follows:                                                                                       
                                                                                                                                
           Based  on that, I  would like to  reject the amendment,                                                              
           but have them come  back to things that they think they                                                              
           needed  to have  for  the better  operation  because it                                                              
           looks  like  there  are  pieces  in  here that  may  be                                                              
           helpful to them, I just don't know the answer to that.                                                               
                                                                                                                                
      CHAIR  MEYER suggested  that he  hold the  bill in  committee and                                                         
      order a  committee substitute (CS)  with the new  Amendment 1. He                                                         
      confirmed  that Amendment  1 changed  the bill  significantly. He                                                         
      opined  that cleanup was  needed for  Amendment 2 and  noted that                                                         
      the proposed  amendment was different than  what the division had                                                         
      previously offered.                                                                                                       
                                                                                                                                
      SENATOR GIESSEL asked if she should withdraw her motion to adopt                                                          
      Amendment 2 or to make a motion to table Amendment 2.                                                                     
                                                                                                                                
CHAIR MEYER replied that the amendment would be left as moved                                                                   
with no action taken and be picked up when the committee has a                                                                  
CS.                                                                                                                             
                                                                                                                                
4:36:55 PM                                                                                                                    
CHAIR MEYER held SB 186 in committee.                                                                                           
                                                                                                                                
        HB 31-SEX ASSAULT TRAINING & EXAM KITS; DOM VIOL                                                                    
                                                                                                                                
4:37:09 PM                                                                                                                    
CHAIR MEYER announced the consideration of HB 31.                                                                               
                                                                                                                                
4:37:33 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:38:21 PM                                                                                                                    
CHAIR MEYER called the committee back to order.                                                                                 
                                                                                                                                
4:38:42 PM                                                                                                                    
REPRESENTATIVE GERAN TARR, Alaska State Legislature, Juneau,                                                                    
Alaska, sponsor of HB 31, provided an overview as follows:                                                                      
                                                                                                                                
     We have  been working on  the issues related to  how we                                                                    
     process  our  sexual  assault kits  for  the  last  few                                                                    
     years,  starting in  2014  when I  was  contacted by  a                                                                    
     national organization called "End  The Backlog," and it                                                                    
     was an issue  that I was not familiar  with but through                                                                    
     their  organization  learned   about  this  effort  and                                                                    
     basically  across the  country there  are these  sexual                                                                    
     assault  kits  that have  not  been  tested, there's  a                                                                    
     variety of  reasons that's been  the case in  the past,                                                                    
     but  it's  been thousands  and  thousands  of kits  and                                                                    
     there's become a movement around  reforming how we deal                                                                    
     with these  kits and  basically using it  as a  tool to                                                                    
     address serial  sexual assaulters and that  is what has                                                                    
     been found to be very helpful in accomplishing.                                                                            
                                                                                                                                
     We started  out with  a bill related  to an  audit that                                                                    
     was the  first piece of  information that we  needed to                                                                    
     try  and  understand  the  extent  of  the  problem  in                                                                    
     Alaska.  At the  same  time the  Federal Department  of                                                                    
     Justice  started  offering  some  grants  because  this                                                                    
     issue  took  on a  national  impact  and so  they  were                                                                    
           offering  these  grants   so  then  at  that  time  the                                                              
           governor's  office applied  for  one of  the  grants so                                                              
           there  are kind of  two things happening  at once then,                                                              
           once  those grant dollars  were received by  the state,                                                              
           the  Sexual Assault  Kit Initiative  (SAKI)  was formed                                                              
           and we  have been working closely  with them and trying                                                              
           to  unravel where the  problems are in  Alaska and what                                                              
           we  can do to  address those issues.  There are several                                                              
           different  things that  we could choose  to work  on at                                                              
           this  time, but  we  have confined  it to  a  few items                                                              
           right  now because  these are things  that we  can make                                                              
           changes  to  pretty  immediately  and continue  working                                                              
           with the SAKI for  more long term changes that we think                                                              
           will  result in  a  much better  system  that functions                                                              
           well and makes sure it keeps the public safe.                                                                        
                                                                                                                                
      4:40:50 PM                                                                                                              
      REPRESENTATIVE TARR explained the bill's components as follows:                                                           
                                                                                                                                
           This  particular bill  addresses three  components. One                                                              
           is  the audit  and that piece  was thankfully  put into                                                              
           Senate  Bill 55, so  we got  the first audit  last year                                                              
           but it  continues and has that same  provision in it so                                                              
           that we  can get an annual update of  the status of the                                                              
           kits  and  the progress  in  Alaska, and  that  audit I                                                              
           would say  was really helpful for  us this year because                                                              
           what it did was  help us define sort of the universe of                                                              
           untested kits,  how many are out  there, where are they                                                              
           and kind of get  everybody on the same page because now                                                              
           we  can actually  come up  with a  plan  of how  we are                                                              
           going to address  the backlog of untested kits. So, the                                                              
           audit  provision   remains,  and  I   think  that's  an                                                              
           important  way  for  the  state  to  get  updated,  the                                                              
           Legislature  to get updated  on the progress  and on an                                                              
           annual basis have a  number that we are working off of,                                                              
           so  we  know  progress  is  being  made.  We've  worked                                                              
           closely  with the department  on that provision  and my                                                              
           understanding  is that  they  feel like  that  could be                                                              
           easily implemented as  an ongoing thing that because we                                                              
           did  it through  Senate Bill  55:  again, thank  you to                                                              
           Senator    Coghill   for    that   last    year,   that                                                              
           infrastructure  is  in place  to  continue  that on  an                                                              
           annual  basis  and  at  some  point  that  may  not  be                                                              
           necessary,  but I think  it's going to  be a multi-year                                                              
           effort here  for us to continue to  working on this and                                                              
     it will  keep us getting accurate  information. So, one                                                                    
     piece is the audit.                                                                                                        
                                                                                                                                
4:42:06 PM                                                                                                                    
She continued as follows:                                                                                                       
                                                                                                                                
     A second  piece is  related to sexual  assault training                                                                    
     for law enforcement officials. Most  folks in Alaska go                                                                    
     through either the academy in  Anchorage or the trooper                                                                    
     academy unless  there is someone who  perhaps comes in,                                                                    
     does a lateral  transfer or something, but  most of our                                                                    
     folks are  going to come  through those  two academies,                                                                    
     but  right now  what the  statute says  is it  requires                                                                    
     that 12  hours for  training on domestic  violence, but                                                                    
     it  doesn't   specify  that  there  is   also  training                                                                    
     required on  sexual assault response, even  though that                                                                    
     is  happening   in  practice.  The   recommendation  to                                                                    
     include this  actually came in  from the folks  who are                                                                    
     working on  this, that way  it is clear that  it should                                                                    
     be  both domestic  violence and  sexual assault,  there                                                                    
     are  ways  that  those  can  be  the  same  information                                                                    
     because,  of  course,  a  domestic  violence  situation                                                                    
     could  involve a  sexual assault,  but  there are  also                                                                    
     instances where that  is different and what  we want to                                                                    
     ensure  that we  have a  good victim-centered  approach                                                                    
     and so that  if someone is assaulted  it doesn't matter                                                                    
     whether  it happened  in northern  Alaska or  southeast                                                                    
     Alaska,  that  there's going  to  be  a strong  victim-                                                                    
     centered approach  and that everybody  is going  to get                                                                    
     the same response and treatment.                                                                                           
                                                                                                                                
4:43:17 PM                                                                                                                    
REPRESENTATIVE TARR continued as follows:                                                                                       
                                                                                                                                
     The third  provision is related  to the  actual options                                                                    
     for a  victim to report.  About a year ago  the Federal                                                                    
     Department of Justice released a  "white paper" on this                                                                    
     very provision and there's a  couple of ways to look at                                                                    
     this, and this sort of took  me a little bit to wrap my                                                                    
     head around because when you  start working on this and                                                                    
     see  what  some  of  the results  have  been  in  other                                                                    
     states, there's  a strong motivation to  say everything                                                                    
     single kit  needs to be tested  because that individual                                                                    
     could be a  dangerous criminal and we want  to get them                                                                    
     off of our streets; however,  we have to make sure that                                                                    
           we have a  victim-centered approach and it isn't always                                                              
           the  case  that   a  victim  wants  to  engage  in  law                                                              
           enforcement and so we  really do have to make sure that                                                              
           we have  an opportunity for them to  have the kit taken                                                              
           or evidence  collected because it  has to be  done in a                                                              
           timely fashion if it's  not done in about 72 hours then                                                              
           your  evidence  collection isn't  going  to be  useful.                                                              
           Unfortunately, you have  someone who just experienced a                                                              
           very  traumatic situation,  that has  to go  in  for an                                                              
           invasive  medical procedure to  do the  examination and                                                              
           collect  the evidence and  might not be  the right time                                                              
           for them to make  the decision about where they want to                                                              
           go, do they want  to pursue a case with law enforcement                                                              
           or  do they  want  to just  make sure  they  don't have                                                              
           health  issues  as  a  result  of  the assault  or  STD                                                              
           testing,  things  like  that.  Because  you  have  that                                                              
           limited window of  time when you can do the collection,                                                              
           having  a couple of  different options is  the best way                                                              
           to  make sure that  the individual who  experienced the                                                              
           assault can choose what works for them.                                                                              
                                                                                                                                
           So,  what  we  put  in,  and  you will  notice  in  the                                                              
           original  version there  were actually  three different                                                              
           opportunities  for a  victim  and in  working  with the                                                              
           department  and through  the SAKI  that has  been going                                                              
           on, we've been  able to decide that this number-two can                                                              
           come  out  and  as you  look  at  it,  what looks  like                                                              
           number-three,  one  and three  would  be  the two  that                                                              
           remained, so  you would have the  option of getting the                                                              
           evidence  collected  and choosing  to  engage with  law                                                              
           enforcement  right at  that moment  and you  would have                                                              
           the  second  option of  an  anonymous  report and  that                                                              
           allows you  to choose at a later  date whether you want                                                              
           to engage with law  enforcement or not, and we are told                                                              
           that often the  individual does choose to move forward,                                                              
           but  needs  a  little  bit  of space  from  that  whole                                                              
           experience to  be able to get a  support network around                                                              
           them, but able to  work with the people who are trained                                                              
           to provide that  kind of response, the trauma response,                                                              
           and  once  they  feel  more  secure,  more  safe,  more                                                              
           stable, that they  know that that's something that they                                                              
           can  move forward with  then make that  choice, but you                                                              
           haven't missed that  window of opportunity when you can                                                              
           actually collect as  evidence that would be usable. So,                                                              
           those are the two options that are allowed for that.                                                                 
                                                                                                                                
4:46:09 PM                                                                                                                    
REPRESENTATIVE TARR summarized as follows:                                                                                      
                                                                                                                                
     So,  those are  the three  parts that  are in  the bill                                                                    
     now. Some of the other  provisions that people may want                                                                    
     to consider in  the future are a  timeline within which                                                                    
     all of the  kits have to be tested, that  was one thing                                                                    
     we  considered.  Also, from  the  folks  who have  been                                                                    
     working  on this  nationally, they  are really  pushing                                                                    
     for a way for a victim  to be able to track where their                                                                    
     kit is, so that is  something that we might consider at                                                                    
     a later  date. So,  there are a  couple of  those other                                                                    
     pieces  out there  that you  may have  heard of  in the                                                                    
     conversation,  that's  why  I wanted  to  mention  them                                                                    
     today, but  these ones are  confined to the  items that                                                                    
     the  department  has said  they  can  do at  this  time                                                                    
     without a  fiscal impact which  is really  important to                                                                    
     the work we are all  trying to accomplish in developing                                                                    
     our sustainable fiscal plan, but  can be meaningful and                                                                    
     I think that  is really important. I  know that Senator                                                                    
     Meyer, and  I thank you  for your leadership  on sexual                                                                    
     assault  issues  and   always  acknowledging  April  as                                                                    
     Sexual Assault Awareness Month,  this is something that                                                                    
     we try to  work together on and so  I'm encouraged that                                                                    
     there is  an option here  where we can  make meaningful                                                                    
     changes  that could  have a  positive impact,  but also                                                                    
     aware of our  fiscal situation right now,  don't have a                                                                    
     big price tag attached to them.                                                                                            
                                                                                                                                
4:47:20 PM                                                                                                                    
CHAIR MEYER asked if 3,400 kits remain untested.                                                                                
                                                                                                                                
REPRESENTATIVE TARR  answered yes. She explained  that batches of                                                               
kits were  being sent out to  be tested, but there  was a backlog                                                               
in the  facilities that do  the testing  because a lot  of states                                                               
were trying  to move forward  as well. She conceded  that testing                                                               
will take  some time and  noted hundreds of thousands  of dollars                                                               
is needed for all the kits  to be tested. She said federal grants                                                               
dollars would  be used but noted  that an audit would  be helpful                                                               
to  assist  in  the  process. She  said  prosecutions  may  occur                                                               
because  of the  testing. She  stated that  the process  would be                                                               
ongoing, and her hope was that everyone will work together.                                                                     
                                                                                                                                
4:49:01 PM                                                                                                                    
      CHAIR MEYER thanked Representative Tarr for her leadership in                                                             
      sexual assault exam kits. He continued as follows:                                                                        
                                                                                                                                
           Often  times we  get asked what  are our  favorite bill                                                              
           that we ever got  passed and mine was when we were able                                                              
           to drop  the statute of limitations  on rape and sexual                                                              
           assault;  unfortunately, that was  in 2001 or  2002, so                                                              
           anything prior  to that we cannot  go after. With these                                                              
           kits and  with DNA, we are  able to go back  10, 15, 20                                                              
           years or more.                                                                                                       
                                                                                                                                
      SENATOR WILSON asked if the legislation assists current practice                                                          
      and specified as follows:                                                                                                 
                                                                                                                                
           During  my time  as a  director of  a DVSA  program, we                                                              
           started  a program in  the Mat-Su and  working with the                                                              
           SART  team there,  we  already had  these  protocols in                                                              
           place  in terms of  anonymous reporting, I  just didn't                                                              
           know  if that  was part  of the  statute. Is  this just                                                              
           needed to help  that, sort of? I'm trying to understand                                                              
           the  need  for anonymous  reporting  in statute  versus                                                              
           what is  currently in practice. I  didn't know if there                                                              
           was  an issue  that's happening out  there or  not, and                                                              
           that's  sort of  a DPS  type of  question, I  know that                                                              
           they  still funded folks  who wanted to  have SART kits                                                              
           ran  for the anonymous  process. I didn't  know if that                                                              
           was a new issue that was now coming up or not.                                                                       
                                                                                                                                
      4:50:28 PM                                                                                                              
      REPRESENTATIVE TARR replied as follows:                                                                                   
                                                                                                                                
           What  we  hope  to accomplish  is  to  have a  standard                                                              
           statewide  policy. What has  been explained to  me, and                                                              
           that also  relates to why  we want to put  the 12 hours                                                              
           of   training  in,  is   that  there's  over   200  law                                                              
           enforcement  agencies in the  State of Alaska,  in some                                                              
           cases  people are doing  things a little  bit different                                                              
           from  the next  and by having  that standard  policy it                                                              
           will   ensure    that   everybody   is   getting   that                                                              
           opportunity.                                                                                                         
                                                                                                                                
      SENATOR  WILSON said  his other question  related to  getting the                                                         
      actual  number  of  untested  rape  kits.  He conceded  that  his                                                         
      question may  be better posed to the  Department of Public Safety                                                         
      (DPS). He said his  last question addressed the audit language in                                                         
Senate Bill 55 and asked if the  audit would be only for one year                                                               
or for an annual audit.                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR replied yes  and noted that committee members                                                               
were provided with a report  given to the Legislature on November                                                               
1,  2017  regarding  the  single-year  audit.  She  continued  as                                                               
follows:                                                                                                                        
                                                                                                                                
     This is  where it  states that  there are  3,484 sexual                                                                    
     assault kits inventoried; 3,219  were in the possession                                                                    
     of the  7 largest  agencies and that  is the  number we                                                                    
     are working off  of right now. The SAKI  grant allows a                                                                    
     portion of the grant money to  be used to test kits and                                                                    
     under  these  grants  571   sexual  assault  kits  were                                                                    
     identified as  eligible for testing  and those  are the                                                                    
     ones  that  are  going  to   be  sent  outside  to  the                                                                    
     contractor.                                                                                                                
                                                                                                                                
4:53:03 PM                                                                                                                    
CHAIR MEYER opened invited testimony.                                                                                           
                                                                                                                                
SENATOR WILSON  asked Mr. Dym from  DPS to specify the  number of                                                               
sexual assault kits that remain untested.                                                                                       
                                                                                                                                
4:53:39 PM                                                                                                                    
ORIN DYM,  Forensic Laboratory Manager, Alaska  Department Public                                                               
Safety, Anchorage,  Alaska, answered questions relating  to HB 31                                                               
as follows:                                                                                                                     
                                                                                                                                
     We did provide the number in  our report and what I can                                                                    
     say is  we have sent  300 kits  so far to  the contract                                                                    
     vendor for analysis, we have  not received any of those                                                                    
     kits back yet,  so they are not yet  completed. We have                                                                    
     another 132  kits staged, ready  to go. Our  vendor did                                                                    
     request that  we delay sending  those because  they ran                                                                    
     out  of  space  to  put  the kits.  We  have  432  kits                                                                    
     scheduled to  go to the  vendor. We will be  waiting to                                                                    
     see whether or not we run  out of money with those kits                                                                    
     as to whether or not we can continue to send kits.                                                                         
                                                                                                                                
SENATOR  WILSON asked  how  testing for  sexual  assault kits  is                                                               
prioritized.                                                                                                                    
                                                                                                                                
4:55:17 PM                                                                                                                    
      RANDI   BREAGER,  Criminal  Justice   Planner,  Scientific  Crime                                                         
      Detection   Laboratory,  Alaska  Department   of  Public  Safety,                                                         
      Anchorage,  Alaska,  answered  questions  relating  to HB  31  as                                                         
      follows:                                                                                                                  
                                                                                                                                
           We  established a  triage protocol  to identify  how we                                                              
           were going to send  kits and in what order knowing that                                                              
           we might  possibly run out of funds  before we can test                                                              
           all  571 eligible kits.  We prioritized first  based on                                                              
           cases  that  have  an  unknown  suspect or  a  stranger                                                              
           assault,  essentially.  Our next  priorities  where all                                                              
           sexual  abuse of  minor cases.  The  next step  was any                                                              
           suspect  that had  more  than ten  incidences  in their                                                              
           criminal history  and that goes  beyond sexual assault,                                                              
           so they  could have a number of  different other crimes                                                              
           attributed  to them.  Our next  one was  known suspects                                                              
           but  not in  [Combined DNA  Index System  (CODIS)] yet,                                                              
           and then  our final category is a  mix of the remaining                                                              
           kits.                                                                                                                
                                                                                                                                
      SENATOR WILSON pointed out that only 571 sexual assault kits                                                              
      were eligible and inquired what occurred with the remaining kits                                                          
      and would the state have to test the remaining kits.                                                                      
                                                                                                                                
      MS. BREAGER replied as follows:                                                                                           
                                                                                                                                
           No,  that's a  great clarification  point. So,  the 571                                                              
           kits  are actually  only Department  of  Public Safety-                                                              
           Alaska State Trooper  kits. What we did with this grant                                                              
           was  we applied  first isolating  Alaska  State Trooper                                                              
           cases  because   they  are  within  the  jurisdictional                                                              
           control of  the Department of Public  Safety and we are                                                              
           utilizing  it as sort  of a  pilot project if  you will                                                              
           because  it is  taking an  immense amount  of resources                                                              
           for personnel and  time to organize this project and we                                                              
           knew  the  smaller   departments  would  not  have  the                                                              
           resources to  dedicate to that level  of a project. So,                                                              
           we are hoping by  us going through this process that we                                                              
           will  be able to  provide policy  recommendations, best                                                              
           practices, templates, etcetera,  for all of the smaller                                                              
           departments  to copy and  implement, they  could choose                                                              
           to  apply  for  grant funds  on  their  own  or we  can                                                              
           continue  to  have conversations  about  what it  might                                                              
           look like for the state to help with that.                                                                           
                                                                                                                                
CHAIR MEYER asked Ms. Breager if she had anything to add.                                                                       
                                                                                                                                
MS.  BREAGER replied  that Representative  Tarr did  an excellent                                                               
job  explained  the  bill  step-by-step  and  she  did  not  have                                                               
anything else to  add. She noted that  Representative Tarr worked                                                               
closely  with  the Department  of  Public  Safety throughout  the                                                               
process and  she did  a great job  summarizing the  feedback from                                                               
multiple agencies.                                                                                                              
                                                                                                                                
4:58:19 PM                                                                                                                    
CHAIR MEYER opened public testimony.                                                                                            
                                                                                                                                
4:58:56 PM                                                                                                                    
KEELEY OLSON,  Standing Together  Against Rape (STAR)  and Alaska                                                               
Network  on  Domestic  Violence   and  Sexual  Assault  (ANDVSA),                                                               
Anchorage, Alaska, testified  in support of HB  31. She disclosed                                                               
that there  were 413  sexual assault kits  submitted in  2017 and                                                               
approximately 235 occurred in Anchorage.                                                                                        
                                                                                                                                
5:00:31 PM                                                                                                                    
NANCY PORTO,  representing self, Kirkland,  Washington, testified                                                               
in support  of HB 31.  She disclosed that  she grew up  in Alaska                                                               
and  noted that  she testified  at  a committee  meeting in  2016                                                               
regarding her sexual assault that  occurred in 2013. She revealed                                                               
that she  consented to a full  rape kit examination, but  the kit                                                               
has not been  fully processed and results have  not been received                                                               
from the  biological evidence portion  of her exam.  She provided                                                               
committee members  details of her sexual  assault and examination                                                               
results. She  disclosed that she  continues to inquire  about her                                                               
examination  but  eventually  leaves messages  and  no  callbacks                                                               
occur. She  asked the  committee to support  the bill  to provide                                                               
closure for herself and others.                                                                                                 
                                                                                                                                
5:03:12 PM                                                                                                                    
CASSANDRE  HUMPHREY,  representing   self,  Burbank,  California,                                                               
testified in  support of  HB 31.  She disclosed  that she  is the                                                               
sister of Nancy Porto and  supports the need for action regarding                                                               
sexual   assault   kit   processing.   She   disclosed   personal                                                               
information on family members and  friends who have been sexually                                                               
assaulted in Alaska, noting that  none have received justice. She                                                               
asserted that  Alaska's system on  sexual assault has  failed her                                                               
sister  and  emphasized that  victims  need  to know  that  their                                                               
crimes  will get  a real  response  from the  justice system  and                                                               
hopefully  in turn,  sexual crimes  will  eventually decrease  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
      5:07:04 PM                                                                                                              
      JANIS  JOHNSON, representing self,  Valdez, Alaska,  testified in                                                         
      support  of  HB 31.  She  asserted that  the  sexual assault  kit                                                         
      backlog  compromises   prosecution  and  allows  perpetrators  to                                                         
      continue  at large  and repeat their  assaults and  reoffend. She                                                         
      said   not  processing  sexual   assault  examination   kits  was                                                         
      devasting to  victims and the backlog needs  to be addressed. She                                                         
      asserted  that law  enforcement agencies  need to  be accountable                                                         
      for  the kits that  have not been  processed so that  the justice                                                         
      department can prosecute.                                                                                                 
                                                                                                                                
      5:08:50 PM                                                                                                              
      BESSIE ODAM,  representing self, Anchorage,  Alaska, testified in                                                         
      support  of HB  31. She  said victims  of sexual  assault deserve                                                         
      justice and they deserve  the protection of the law. She asserted                                                         
      that proper  procedures must be  taken to ensure  that victims of                                                         
      sexual  violence  are  able to  get  the  closure  they need  and                                                         
      deserve.                                                                                                                  
                                                                                                                                
      5:09:45 PM                                                                                                              
      SALLY PORTO,  representing self, Anchorage,  Alaska, testified in                                                         
      support  of HB  31. She  disclosed that  her two  daughters spoke                                                         
      earlier. She  emphasized that no  action has been  taken over the                                                         
      past  five years by  state authorities to  resolve her daughter's                                                         
      sexual assault.                                                                                                           
                                                                                                                                
      5:12:48 PM                                                                                                              
      JANE  ANDREEN, representing  self and  the Alaska  Women's Lobby,                                                         
      Juneau, Alaska,  testified in support of HB  31. She provided the                                                         
      committee  with her  background in  sexual assault  training. She                                                         
      revealed  that she  was sexually  assaulted  in Minnesota  in the                                                         
      1970s  and detailed  her rape  examination and  police interview.                                                         
      She disclosed that she  has never received any word on whether an                                                         
      arrest was made or  what the results of her examination were. She                                                         
      explained  that her sexual  assault incident  led her to  move to                                                         
      Alaska and  to work in the areas of  domestic violence and sexual                                                         
      assault.  She detailed her  history in Alaska  regarding domestic                                                         
      violence and sexual assault as follows:                                                                                   
                                                                                                                                
           While  in  Homer as  the  director  of South  Peninsula                                                              
           Women's  Services,   we  worked  with  South  Peninsula                                                              
           Hospital  to bring the  first SART training  to Alaska,                                                              
           and then when I  took over as the director of the State                                                              
           Council  on  Domestic Violence  and  Sexual Assault  in                                                              
     1994, I  was able to play  a role in helping  to expand                                                                    
     that team  approach across the state.  I've dedicated a                                                                    
     lot of my life to this  issue and wanting to make it be                                                                    
     much more  victim centered and much  more empowering as                                                                    
     well as to  be an affective tool in  making arrests and                                                                    
     holding offenders accountable.                                                                                             
                                                                                                                                
     After I retired  from the state about 18  months ago, I                                                                    
     was working with one of  the local programs on contract                                                                    
     doing a needs  assessment and as part of  that I looked                                                                    
     into the statewide data that  we have and I just wanted                                                                    
     to  share for  2015,  our  Alaska victimization  survey                                                                    
     that is  conducted by the University  of Alaska Justice                                                                    
     Center  reported  that  7662 adult  Alaska  women  were                                                                    
     raped  in  2015, at  that  same  time  we look  at  the                                                                    
     uniform  crime report  which is  the reports  that were                                                                    
     made  to  law  enforcement, there  were  895  confirmed                                                                    
     reports.  So, you  go from  7662  down to  895, and  of                                                                    
     those 895,  only 130 arrests  were actually  made; this                                                                    
     is  a crime  that represents  between 10-20  percent of                                                                    
     our violent  crimes that are  reported in  Alaska every                                                                    
     year, and  yet we have  the lowest conviction  rate, we                                                                    
     need  this tool.  I often  wonder, because  rapists are                                                                    
     repeat offenders  more often  than not, how  many other                                                                    
     women were  affected by  that man  who attacked  me and                                                                    
     what we could  do if we could get  this backlog cleared                                                                    
     off.                                                                                                                       
                                                                                                                                
     I really  want to  commend Representative Tarr  for the                                                                    
     work that  she is  doing and  dedication, and  also for                                                                    
     the work that I know  you have done individually and as                                                                    
     a  legislature, but  for these  reasons I  think it  is                                                                    
     really important  to support  this bill and  move these                                                                    
     kits forward.                                                                                                              
                                                                                                                                
5:16:37 PM                                                                                                                    
ALYSON  CURREY,  Legislative  Liaison, Planned  Parenthood  Votes                                                               
Northwest and Hawaii, Juneau, Alaska,  testified in support of HB                                                               
31.  She expressed  her  appreciation  for Representative  Tarr's                                                               
leadership on  the issue.  She thanked  those that  testified and                                                               
shared their personal  stories. She asserted that  the bill would                                                               
clearly have a  direct and positive impact for  victims of sexual                                                               
assault in Alaska who are waiting for closure and justice.                                                                      
                                                                                                                                
5:17:55 PM                                                                                                                    
      CHAIR MEYER closed public testimony.                                                                                      
                                                                                                                                
      5:18:15 PM                                                                                                              
      SENATOR GIESSEL moved to adopt Amendment 1, version 30-                                                                   
      LS0271\O.2.                                                                                                               
                                                                                                                                
                                 AMENDMENT 1                                                                                
                                                                                                                                
                                                                                                                                
           OFFERED IN THE SENATE                                                                                                
                TO: CSHB 31(FIN)                                                                                                
                                                                                                                                
                                                                                                                                
           Page 3, line 3:                                                                                                      
                Delete "three"                                                                                              
                                                                                                                                
           Page 3, line 8, following "system;":                                                                             
                Insert "or"                                                                                                 
                                                                                                                                
           Page 3, lines 9 - 15:                                                                                                
                Delete all material.                                                                                            
                                                                                                                                
           Renumber the following paragraph accordingly.                                                                        
                                                                                                                                
           Page 3, line 28, through page 4, line 25:                                                                            
                Delete all material and insert:                                                                                 
              "* Sec. 6. AS 44.41 is amended by adding a new                                                                
           section to read:                                                                                                     
                Sec. 44.41.070. Report on untested sexual assault                                                             
           examination  kits.  (a) By  September 1  of each  year,                                                            
           each  law   enforcement  agency  and  state  department                                                              
           charged    with   the    maintenance,    storage,   and                                                              
     preservation of  sexual assault examination  kits shall                                                                    
     conduct  an   inventory  of  untested   sexual  assault                                                                    
     examination  kits  and  report,   in  writing,  to  the                                                                    
     Department  of Public  Safety  the  number of  untested                                                                    
     sexual assault  examination kits  in the  possession of                                                                    
     the agency  or department  and the  date on  which each                                                                    
     sexual assault examination kit was collected.                                                                              
          (b)  By November 1 of each year, the Department                                                                       
     of Public  Safety shall prepare  and transmit  a report                                                                    
     to the president  of the senate and the  speaker of the                                                                    
     house of representatives that contains                                                                                     
               (1)  the number of untested sexual assault                                                                       
     examination kits stored by  each law enforcement agency                                                                    
     or department;                                                                                                             
               (2)  the date each untested sexual assault                                                                       
     examination kit was collected; and                                                                                         
               (3)  a plan for addressing the backlog and                                                                       
     prevention  of a  backlog  of  untested sexual  assault                                                                    
     examination kits.                                                                                                          
          (c)  The Department of Public Safety shall                                                                            
     deliver  a copy  of the  report prepared  under (b)  of                                                                    
     this  section to  the senate  secretary  and the  chief                                                                    
     clerk of  the house  of representatives and  notify the                                                                    
     legislature that the report is available.                                                                                  
          (d)  In this section, "untested sexual assault                                                                        
     examination  kit" means  a  sexual assault  examination                                                                    
     kit with evidence that                                                                                                     
               (1)  has been collected but that has not                                                                         
     been submitted to a laboratory  operated or approved by                                                                    
     the   Department  of   Public  Safety   for  either   a                                                                    
           serological or DNA test; or                                                                                          
                     (2)  has been collected and submitted to a                                                                 
           laboratory  operated or approved  by the  Department of                                                              
           Public  Safety but  that has not  had a  serological or                                                              
           DNA test conducted on the evidence.                                                                                  
         * Sec. 7. This Act takes effect July 1, 2018."                                                                       
                                                                                                                                
      CHAIR MEYER objected for discussion purposes.                                                                             
                                                                                                                                
      5:18:33 PM                                                                                                              
      DIANA RHOADES, Staff, Representative Tarr, Alaska State                                                                   
      Legislature, Juneau, Alaska, explained Amendment 1 for HB 31 as                                                           
      follows:                                                                                                                  
                                                                                                                                
           Earlier this year,  Representative Tarr met with victim                                                              
           advocates and  the Department of Public  Safety to talk                                                              
           about as  we mentioned the three  reporting options and                                                              
           the  need to  remove  the middle  reporting  option, we                                                              
           call it  the "medical option." What  this bill would do                                                              
           was  on  page, "delete  'three,'"  so  it is  basically                                                              
           removing the  middle option, the  "medical option," and                                                              
           then  it  actually updates  the  information about  the                                                              
           "reporting  option" so that  the original  language had                                                              
           the one-time audit and  this would make it be an annual                                                              
           audit, and then it  just changes the dates in the bill,                                                              
           the bill says 2017 and it updates those dates.                                                                       
                                                                                                                                
      CHAIR MEYER asked if the bill has a zero fiscal note.                                                                     
                                                                                                                                
      MS. RHOADES answered yes.                                                                                                 
                                                                                                                                
      CHAIR MEYER asked if the amendment would change the fiscal note.                                                          
                                                                                                                                
      MS. RHOADES answered no.                                                                                                  
                                                                                                                                
      5:20:01 PM                                                                                                              
      CHAIR MEYER removed his objection to Amendment 1. He announced                                                            
      that without objection, Amendment 1 was adopted.                                                                          
                                                                                                                                
      SENATOR WILSON noted that legislators can just ask for a report                                                           
      and questioned the need for statutorial reporting.                                                                        
                                                                                                                                
MS. RHOADES answered as follows:                                                                                                
                                                                                                                                
     It's just to make it  clear that we have that reporting                                                                    
     requirement so  that it was one  of the recommendations                                                                    
     from  across the  country that  it is  very clear  that                                                                    
     there is  this reporting  requirement instate  and it's                                                                    
     by November  1 of each  that the information  should be                                                                    
     collected and reported.                                                                                                    
                                                                                                                                
5:21:53 PM                                                                                                                    
SENATOR GIESSEL moved to report SCS CSHB 31(STA), version 30-                                                                   
LS0271\O   as    amended,   from   committee    with   individual                                                               
recommendations and attached zero fiscal note.                                                                                  
                                                                                                                                
5:22:07 PM                                                                                                                    
CHAIR MEYER announced that there being no objection, the motion                                                                 
carried.                                                                                                                        
                                                                                                                                
5:23:38 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Meyer adjourned the Senate State Affairs Committee at 5:23                                                                
p.m.                                                                                                                            

Document Name Date/Time Subjects
Confirmation Hearing Lt Gov Suc Valerie Davidson.pdf SSTA 3/22/2018 3:30:00 PM
Committee Hearing
Confirmation Hearing
Confirmation Hearing Board of Fish Orville Huntington.pdf SSTA 3/22/2018 3:30:00 PM
Committee Hearing
Confirmation Hearing
CSHB 31 Version O.PDF SSTA 3/22/2018 3:30:00 PM
HB 31
CS HB 31 Sponsor Statement.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
HB31 Ltr of Support Alaska Womens Lobby.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
HB 31 Ltr of Support League of Women Voters.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CSHB 31 Supporting Document Public Safety Q & A Sexual Assault Kits.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CS HB 31 Supporting Document DNA Evidence leads to conviction AK Dispatch 3.1.17.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CS HB 31 Support Materials Alaska Brief from Joyful Heart.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CS HB 31 Summary of Changes.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CSHB 31 Fiscal Note.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
SB 186 DOE Responses 3.12.2018.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 DOE Amendment.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 Coghill Amendment.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 Legal Memo 3.9.2018.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 DOE Amendment.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 Voter Initiaitive 15PFVR.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
SB 186 Sectional Analysis updated.pdf SSTA 3/22/2018 3:30:00 PM
SB 186
CS HB 31 Ltr of Support Joyful Heart.pdf SSTA 3/22/2018 3:30:00 PM
HB 31
CS HB 31 Sponsor Amendment.pdf SSTA 3/22/2018 3:30:00 PM
HB 31