Legislature(2019 - 2020)BUTROVICH 205

03/03/2020 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 18 WOMEN'S SUFFRAGE TELECONFERENCED
Moved SJR 18 Out of Committee
-- Public Testimony --
*+ HB 83 PROHIBIT VOTING BY FACSIMILE TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ SB 165 PROSTITUTION/TRAFFICKING; VACATE CONVICT. TELECONFERENCED
Heard & Held
-- Teleconference Listen Only --
+= SB 137 EXTEND BOARD OF PAROLE TELECONFERENCED
Moved SB 137 Out of Committee
-- Teleconference Listen Only --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 3, 2020                                                                                          
                           3:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Joshua Revak, Chair                                                                                                     
Senator John Coghill, Vice Chair                                                                                                
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mia Costello                                                                                                            
Senator Scott Kawasaki                                                                                                          
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 137                                                                                                             
"An Act  extending the termination  date of the Board  of Parole;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED SB 137 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 18                                                                                                  
Commemorating the 100th anniversary of women's suffrage.                                                                        
                                                                                                                                
     - MOVED SJR 18 OUT OF COMMITTEE                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(STA) AM(EFD DEL)                                                                     
"An Act relating to voting  by electronic transmission in a state                                                               
election."                                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 165                                                                                                             
"An Act  relating to sex  trafficking; establishing the  crime of                                                               
patron of a  victim of sex trafficking; relating to  the crime of                                                               
human  trafficking; relating  to sentencing  for sex  trafficking                                                               
and  patron of  a  victim of  sex  trafficking; establishing  the                                                               
process  for  a   vacation  of  judgment  for   a  conviction  of                                                               
prostitution; and providing for an effective date."                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 137                                                                                                                  
SHORT TITLE: EXTEND BOARD OF PAROLE                                                                                             
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
01/21/20       (S)       PREFILE RELEASED 1/10/20                                                                               

01/21/20 (S) READ THE FIRST TIME - REFERRALS

01/21/20 (S) STA, FIN 02/18/20 (S) STA AT 3:30 PM BUTROVICH 205 02/18/20 (S) Heard & Held 02/18/20 (S) MINUTE(STA) 03/03/20 (S) STA AT 3:30 PM BUTROVICH 205 BILL: SJR 18 SHORT TITLE: WOMEN'S SUFFRAGE SPONSOR(s): SENATOR(s) REVAK 02/17/20 (S) READ THE FIRST TIME - REFERRALS 02/17/20 (S) STA 02/25/20 (S) STA AT 3:30 PM BUTROVICH 205 02/25/20 (S) <Bill Hearing Canceled> 03/03/20 (S) STA AT 3:30 PM BUTROVICH 205 BILL: HB 83 SHORT TITLE: PROHIBIT VOTING BY FACSIMILE SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS 03/06/19 (H) READ THE FIRST TIME - REFERRALS 03/06/19 (H) STA 03/12/19 (H) STA AT 3:00 PM GRUENBERG 120 03/12/19 (H) Heard & Held 03/12/19 (H) MINUTE(STA) 03/14/19 (H) STA AT 3:00 PM GRUENBERG 120 03/14/19 (H) Moved CSHB 83(STA) Out of Committee 03/14/19 (H) MINUTE(STA) 03/15/19 (H) STA RPT CS(STA) 7DP 03/15/19 (H) DP: VANCE, LEDOUX, WOOL, STORY, SHAW, FIELDS, KREISS-TOMKINS 03/29/19 (H) BEFORE HOUSE IN SECOND READING 03/29/19 (H) RETURNED TO RULES COMMITTEE 02/10/20 (H) BEFORE HOUSE IN SECOND READING 02/12/20 (H) VERSION: CSHB 83(STA) AM(EFD DEL) 02/14/20 (S) READ THE FIRST TIME - REFERRALS 02/14/20 (S) STA 03/03/20 (S) STA AT 3:30 PM BUTROVICH 205 BILL: SB 165 SHORT TITLE: PROSTITUTION/TRAFFICKING; VACATE CONVICT. SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR

01/27/20 (S) READ THE FIRST TIME - REFERRALS

01/27/20 (S) STA, JUD, FIN 03/03/20 (S) STA AT 3:30 PM BUTROVICH 205 WITNESS REGISTER MICHAEL WILLIS, Intern Senator Peter Micciche Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided information related to SB 137 on behalf of the sponsor. BETTY TANGEMAN, Staff Senator Joshua Revak Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Introduced SJR 18 on behalf of the sponsor. ANN BROWN, Vice Chair Alaska Republican Party Anchorage, Alaska POSITION STATEMENT: Stated support for SJR 18. XOCHITL LOPEZ-AYALA, representing self Homer, Alaska POSITION STATEMENT: Voiced concern that SJR 18 fails to acknowledge that not all women obtained the right to vote 100 years ago. ERIN HARRINGTON, Staff Representative Jonathan Kreiss-Tomkins Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor. GAIL FENUMIAI, Director Division of Elections Office of the Lieutenant Governor Anchorage, Alaska POSITION STATEMENT: Answered questions related to HB 83. JOHN SKIDMORE, Deputy Attorney General Criminal Division Department of Law (DOL) Anchorage, Alaska POSITION STATEMENT: Introduced SB 165 on behalf of the administration. MIKE INGRAM, Lieutenant Alaska State Troopers Department of Public Safety Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 165. ACTION NARRATIVE 3:31:12 PM CHAIR JOSHUA REVAK called the Senate State Affairs Standing Committee meeting to order at 3:31 p.m. Present at the call to order were Senators Coghill, Wilson, and Chair Revak. SB 137-EXTEND BOARD OF PAROLE 3:32:11 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 137, "An Act extending the termination date of the Board of Parole; and providing for an effective date." He stated that this is the second hearing and public testimony was heard and closed on 2/18/20. He listed the people who were available to answer questions and asked Mr. Willis if he had any final comments on the bill. 3:32:47 PM MICHAEL WILLIS, Intern, Senator Peter Micciche, Alaska State Legislature, Juneau, Alaska, recapped that SB 137 extends the termination date of the Board of Parole from June 30, 2020 to June 30, 2025. Legislative Audit recommended a five-year extension rather than the maximum eight years to acknowledge the recent statutory changes that require continued oversight. 3:33:55 PM SENATOR COGHILL voiced support for the bill. CHAIR REVAK solicited the will of the committee. 3:34:42 PM SENATOR COGHILL moved to report SB 137, work order 31-LS1344\M, from committee with individual recommendations and attached fiscal note(s). CHAIR REVAK found no objection and SB 137 was reported from the Senate State Affairs Standing Committee. 3:35:09 PM At ease SJR 18-WOMEN'S SUFFRAGE 3:36:29 PM CHAIR REVAK reconvened the meeting and announced the consideration of SENATE JOINT RESOLUTION NO. 18, Commemorating the 100th anniversary of women's suffrage. He stated that this is the first hearing, public testimony will be heard, and if it is the will of the committee, he would like to move the bill today. 3:36:52 PM BETTY TANGEMAN, Staff, Senator Joshua Revak, Alaska State Legislature, Juneau, Alaska, introduced SJR 18 on behalf of the sponsor, paraphrasing the following sponsor statement: The most foundational right in a democracy is the right to have your voice heard through the ballot box. Our nation is made stronger by all citizens contributing to our governance. There have been many heroes in the fight for women's suffrage throughout history, but the movement in the United States truly took form in 1848 with the Seneca Falls Convention where eloquent speakers like Elizabeth Cady Stanton and Lucretia Mott outlined their dream of an America where the votes of women would be counted. It would take 70 years for this dream to be realized with the passage of the 19th Amendment to the US Constitution on August 18, 1920, but it is clear that we are indebted to the countless women who made this happen. Our nation will forever be the land of the free and the home of the brave because the unalienable rights of women are eternally secured. We celebrate women's suffrage and the many trailblazers that the women's movement has and will continue to produce. Here in Alaska, a woman's right to vote was guaranteed on March 21, 1913 as the first action of the newly formed Territorial Legislature; a clear point of pride for Alaskans. In 1959, in the very first meeting of the Alaska State Legislature there were four women standing as members of the body. In 2002, Alaska sent its first female US Senator to Washington, Lisa Murkowski, and four years later we elected our first female Governor, Sarah Palin. Palin also made history as the first Alaskan to run on a Presidential ticket. The 19th Amendment reads, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." A short sentence with profound and everlasting impacts worthy of significant celebration. 3:39:51 PM SENATOR COGHILL commented that this is a good commemoration. CHAIR REVAK said he enjoyed doing the research and found it interesting that Alaska's first act as a territorial government was to ratify women's suffrage. He noted that this was seven years ahead of the federal government. He invited Ms. Brown to comment on the bill. 3:41:47 PM ANN BROWN, Vice Chair, Alaska Republican Party, Anchorage, Alaska, stated that the Republican Party supports the 19th Amendment, the unabridged right of U.S. citizens to vote, and SJR 18. 3:42:20 PM CHAIR REVAK opened public testimony on SJR 18. 3:42:57 PM XOCHITL LOPEZ-AYALA, representing self, Homer, Alaska, applauded the intention of SJR 18 but reminded members that not all women achieved voting rights 100 years ago. She said this omission essentially whitewashes history. MS. LOPEZ-ALALA pointed out that only white Alaskan women were granted the right to vote in 1913. Not until 1915 did the Alaska Territorial Legislature recognize the right of indigenous people to vote and that right was only granted in exchange for giving up tribal customs and traditions. She mentioned the Voting Rights Act of 1965 that secured the right to vote for most marginalized communities and emphasized that the State of Alaska needs to acknowledge the systemic oppression women of color and indigenous Native women faced to gain the right to vote. She opined that sacrificing traditions, language barriers at the ballot box, unreliable access to polling stations and other forms of voter suppression should be entered into SJR 18. MS. LOPEZ-ALALA pointed out that in 2004, 24 villages in Alaska did not have polling places, and that prior to Nick, et al. v. Bethel, et al. in 2007, the Division of Elections did not provide audio and written materials in Alaska Native languages. She stressed that for SJR 18 to really acknowledge the history of women's suffrage and voting rights, it has to acknowledge Alaska's history. MS. LOPEZ-ALALA clarified that she was not testifying to seek reparations or for the state's wrongs to be righted. She was testifying to ask the Alaska Legislature to acknowledge the past and not whitewash the state's history. 3:46:46 PM CHAIR REVAK found no one else who wished to comment and closed public testimony on SJR 18. 3:47:02 PM At ease 3:47:41 PM CHAIR REVAK reconvened the meeting and asked the will of the committee. 3:47:54 PM SENATOR COGHILL voiced support for moving the legislation but acknowledged that the previous testimony was worthy of consideration. He said he reviewed the "whereas" phrases and did not know that the resolution excluded anyone just because it did not specifically include them. SENATOR COGHILL moved to report SJR 18, Version A, from committee with individual recommendations and attached fiscal note(s). CHAIR REVAK found no objection and SJR 18 was reported from the Senate State Affairs Standing Committee. 3:49:10 PM At ease HB 83-PROHIBIT VOTING BY FACSIMILE 3:50:03 PM CHAIR REVAK reconvened the meeting and announced the consideration of CS FOR HOUSE BILL NO. 83(STA) am(efd del), "An Act relating to voting by electronic transmission in a state election." 3:50:48 PM ERIN HARRINGTON, Staff, Representative Jonathan Kreiss-Tomkins, Alaska State Legislature, Juneau, Alaska, introduced HB 83 on behalf of the sponsor, speaking to the following sponsor statement: HB 83 prohibits the return of absentee ballots by facsimile. Currently, fax is an allowable means for a voter to return a completed absentee ballot to the Division of Elections. Most election security experts caution that the electronic transmission of ballots (such as by fax) presents cybersecurity risks. HB 83 seeks to strengthen election security in Alaska. MS. HARRINGTON explained that the legislation was drafted based on recommendations by national election security experts to fortify the integrity of the state's election system. She noted that the Division of Elections has made some security changes through regulation but HB 83 addresses security vulnerability that resides in statute. She said HB 83 specifically addresses electronic return of ballots via fax to the Division of Elections because this type of transmission is susceptible to tampering. She noted that the division has stopped accepting ballots through its online system for the same reason. However, absentee voters may continue to request their ballots be delivered by fax. She highlighted that the bill was amended on the House floor to exempt members of the military who are voting absentee; they may continue to return their voted ballots by fax. 3:55:02 PM CHAIR REVAK asked if the bill allows people to receive a ballot by fax but only military members voting absentee would be able to return the ballot that way. MS. HARRINGTON answered that is correct. The reasoning is that the voter is able to ascertain the validity of the ballot on the receiving end, but that opportunity is not available when the ballot is returned. SENATOR COGHILL asked if there is a way to ascertain that the number of returned absentee ballots is roughly equivalent to the number that are sent out. He commented that this is an area that chain of custody can be very important. MS. HARRINGTON explained that every voted absentee ballot is reviewed by a bipartisan ballot review board. She deferred to Gail Fenumiai to discuss the specifics of chain of custody. 3:58:20 PM GAIL FENUMIAI, Director, Division of Elections, Office of the Lieutenant Governor, Anchorage, Alaska, explained that before somebody can receive a ballot by mail or fax, they must complete an absentee by mail application. This requires the person to provide their voter identification number, the last four digits of their Social Security number or their driver's license number, and their date of birth. The ballot is not sent to the voter until their identity has been verified. When the voted ballot is returned, the division first checks to see if the voter applied for a ballot and then it is reviewed by a bipartisan board to ensure that the ballot has all the required information. It has to be posted on or before Election Day or received by fax by the close of polls on Election Day; it has to be signed by the voter and have an identifier; and the ballot must be witnessed. 3:59:59 PM SENATOR COGHILL asked what the current process is for receiving absentee ballots from members of the military. MS. FENUMIAI replied the only option right now to return a ballot electronically is by fax. Under HB 83, only uniformed overseas military members may return their voted ballot by fax. Everybody else who receives a ballot through the online delivery system or by fax would be required to return their voted ballot by mail. She said the same verification process is in place for ballots received either way. SENATOR COGHILL asked if using other electronic transmission would require unique identifiers and verification MS. FENUMIAI answered yes; the same information is required on an application for either type of voting. 4:01:40 PM SENATOR WILSON asked how many voted ballots have come in by fax in the last few elections and which communities they came from. MS. FENUMIAI replied the division tracks how the ballot is sent to the voter, but the method of return is not logged. In the 2018 election year, seven voters received a ballot by fax; three were military domestic and four were overseas citizens. That same year there were 2,628 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters who applied to receive a ballot online; 181 were military overseas voters, 1,459 were military domestic, and 988 were overseas voters. 4:03:37 PM SENATOR WILSON asked if this legislation would disenfranchise a small population of voters. MS. FENUMIAI replied she did not believe so because voters will have the opportunity to return their ballots by mail. She said that is best practices according to agencies that work on security issues. SENATOR WILSON questioned why the administration did not introduce legislation to fix this. MS. FENUMIAI replied the administration did not introduce the bill, but the Division of Elections is willing and able to implement it. 4:05:26 PM MS. HARRINGTON informed the committee that the bill was amended on the House floor and the body did not catch that it repeals AS 15.20.066(b), which is a set of attestations and oaths that a voter makes when they return a ballot using electronic transmission. She explained that initially there was no exclusion for UOCAVA voters so no ballots would have been returned electronically. Now there is an exclusion, so the repealed verifiers need to be addressed either in regulation or in the bill. She noted that the 2/17/20 memo from Legal Services in the packets addresses the issue. 4:07:55 PM CHAIR REVAK opened public testimony on HB 83. After ascertaining that none who wished to testify, he closed public testimony. CHAIR REVAK held HB 83 in committee and encouraged people to submit testimony to ssta@akleg.gov. SB 165-PROSTITUTION/TRAFFICKING; VACATE CONVICT. 4:08:58 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 165, "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to sentencing for sex trafficking and patron of a victim of sex trafficking; establishing the process for a vacation of judgment for a conviction of prostitution; and providing for an effective date." He asked Mr. Skidmore to introduce the governor's bill. 4:09:40 PM JOHN SKIDMORE, Deputy Attorney General, Criminal Division, Department of Law (DOL), Anchorage, Alaska, stated appreciation for the opportunity to address the issue of sex trafficking and human trafficking, which is often underreported in the state. He related that this is the third most profitable industry in the world for organized crime. It only falls behind drugs and arms trading. MR. SKIDMORE said it is difficult to determine the extent of sex and human trafficking crimes in Alaska because they are often underreported or mistaken for things such as drug or alcohol abuse, domestic violence, delinquency, teen pregnancy, or sexually transmitted diseases (STDs). The people who are treated for these conditions are often victims of either sex or human trafficking and they commonly became a victim of this crime at 14-16 years old. These young victims are lured with false promises and then made to engage in this conduct through force, fraud, or coercion. MR. SKIDMORE stated that SB 165 is designed to do five things: 1. It increases the penalties for sex trafficking and human trafficking in Alaska. 2. It moves sex trafficking to the chapter in Title 11 relating to person crimes. 3. It closes gaps in the statutes to allow a more effective response to these crimes. 4. It creates a complementary framework between human trafficking and sex trafficking. 5. It creates a method to vacate a prostitution conviction for a victim of sex trafficking. MR. SKIDMORE highlighted that the Alaska Council on Domestic Violence and Sexual Assault found a 115 percent increase from 2016 to 2019 in the number of individuals in shelters who voluntarily reported being a victim of these crimes. Further, the Alaska Native Justice Center reported working with 125 victims of sex trafficking in 2018 and the organization in Anchorage called Priceless said they have helped more than 150 survivors get out of prostitution. He reiterated that these crimes are often underreported. MR. SKIDMORE said what should be most alarming is that more than 50 percent of these victims are Alaska Native. While it is not clear how much these crimes are related to missing and murdered indigenous persons, SB 165 will make the law more responsive to this problem in the state. 4:14:47 PM MR. SKIDMORE paraphrased the prepared sectional analysis for SB 165: Summary: This bill enacts a new offense series for sex trafficking in the first, second and third degrees. It enacts the new crime of "patron of a victim of sex trafficking." The bill also amends the crime of human trafficking in the first degree and second degrees and enacts the new crime of "human trafficking in the third degree." The bill adds sex trafficking in the first and second degree and patron of a victim of sex trafficking to the list of registerable sex offenses. Additionally, the bill establishes a process whereby people who have been convicted of prostitution can get that conviction vacated if they are able to show that they were a victim of sex trafficking at the time that they committed the prostitution offense. Section 1 is conforming changes to the amendments made in section 2. Section 2 enacts a new offense series; sex trafficking in the first, second, and third degrees. In essence a person is guilty of sex trafficking in the first degree (unclassified sex felony) if the person traffics a person under the age of 20, uses force when trafficking a person, or manages a place of prostitution. A person is guilty of sex trafficking in the second degree (class A sex felony) if the person recruits, entices, or otherwise induces or causes a person to engage in commercial sexual conduct. Sex trafficking in the first and second degrees would be sentenced under the enhanced penalties for sexual felonies and the person would be required to register as a sex offender. A person is guilty of sex trafficking in the third degree if the person provides resources in furtherance of the commission of sex trafficking. Sex trafficking in the third degree is a class B felony if the value of the resources is $200 or more and a class C felony if the value of the resources is less than $200. A person who commits sex trafficking in the third degree would be sentenced under the enhanced sexual felony sentences but would not be required to register as a sex offender. This section also enacts the new crime of "patron of a victim of sex trafficking." A person is guilty of being a patron of a victim of sex trafficking if the person solicits sexual conduct with reckless disregard that the person they are soliciting is a victim of sex trafficking. If the person solicited is under 18 years of age this offense will be a B sex felony. If the person solicited is an adult, this offense will be a C sex felony. This crime would be sentenced under then enhanced penalties for sexual felonies and the person would be required to register as a sex offender. While there are sex trafficking crimes already in statute, these new crimes are broader and have updated language to capture the ways in which sex trafficking actually occurs. The sex trafficking statutes in current law are repealed as that offense will now appear in AS 11.41 as specified in this section. 4:17:24 PM Section 3 amends the crime of human trafficking in the first degree to be an unclassified felony when the person uses force against the victim or the victim is under the age of 20. Section 4 denotes that human trafficking in the first degree is an unclassified felony. Section 5 amends human trafficking in the second degree to include situations in which the perpetrator (1) exposes or threatens to expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule; (2) destroys, conceals, or threatens to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatens to report a person to a government agency for the purpose of arrest or deportation; (4) threatens to collect a debt; (5) instills in another person a fear that the person will withhold from any person lodging, food, clothing, or medication; (6) provides or withholds controlled substances from the person; or (7) deceives the victim. Section 6 denotes that human trafficking in the second degree is a class A felony. Section 7 Enacts the new crime of human trafficking in the third degree. A person is guilty of human trafficking in the third degree if the person provides resources in furtherance of human trafficking. Human trafficking in the third degree is a class B felony if the value of the resources is $200 or more and a class C felony if the value of the resources is less than $200. This section also clarifies that corroboration of a victim's testimony is not necessary. This codifies current law in that a jury has the ability to convict based on a victim's testimony alone. This section is in current law and is simply relocated to AS 11.41 along with the rest of the sex trafficking statutes. This section also makes clear that any property used to commit sex or human trafficking may be forfeited. Section 8 is the definition section for sex trafficking and human trafficking. Section 9 clarifies that the crime of coercion is only to be used if the sex trafficking or human trafficking elements are not present. Section 10 cleans up the references to sex trafficking in the prostitution statute. Section 11 makes a conforming change to a provision that is repealed in the repealer section (being a patron of a prostitute under the age of 18). Section 12 clarifies that the definition of sexual conduct used in the prostitution statutes is the same definition that is used in the sex trafficking and human trafficking statutes. Sections 13 19 make conforming changes to sex trafficking and human trafficking references that appear in those statutes. Section 20 establishes that human trafficking in the first degree, as an unclassified felony, will be sentenced between five and 99 years. Section 21 makes conforming amendments to AS 12.55.125(i), the sex offense sentencing statutes, incorporating the new sex trafficking statutes and patron of a victim of sex trafficking statute. This ensures that these offenses will be subject to the higher sentences associated with sex offenses. 4:20:13 PM Section 22 makes conforming changes to the statutory definition of "most serious felony," by removing sex trafficking in the first degree, which is then added to the statutory definition of "sexual felony" in section 23. Section 23 adds sex trafficking and patron of a victim of sex trafficking to the definition of "sexual felony." Section 24 makes changes to the definition of "serious offense" reflecting the changes made to the sex trafficking and human trafficking statutes. Section 25 adds sex trafficking in the first and second degree and patron of a victim of sex trafficking to the list of registerable sex offenses. MR. SKIDMORE reminded the committee that under current law, sex trafficking is not a registerable sex offense and that SB 165 corrects that omission. Section 26 establishes a process whereby people who have been convicted of prostitution can get that conviction vacated if they are able to show that they were a victim of sex trafficking at the time that they committed the prostitution offense. If the conviction is vacated the court system may not publish records relating to the conviction on CourtView nor may the Department of Public Safety release that information as part of an employment background check. Sections 27 29 make conforming changes to the changes made to the sex trafficking statutes. Section 30 clarifies that if a person's prostitution conviction made them ineligible for a permanent fund dividend and that conviction was vacated under section 26 of the bill, the person would be eligible for a permeant fund dividend from the date of the vacation forward. Sections 31-34 make conforming changes to the changes made to the sex trafficking statutes. Section 35 is the repealer section. Section 36 is the applicability section. The majority of this bill will apply to offenses occurring on or after the effective date. Section 37 establishes the effective date as July 1, 2020. 4:22:13 PM CHAIR REVAK noted who was available to answer questions. SENATOR COGHILL asked if a convicted patron of a sex trafficked victim will be required to register as a sex offender. MS. SKIDMORE answered yes; the patron of a victim of sex trafficking is a new crime. Under current law, the patron of prostitution does not require registry and that does not change. But the convicted patron of a sex trafficked victim would be required to register as a sex offender under this new law. CHAIR REVAK asked Lieutenant Ingram his opinion of the bill. 4:24:16 PM MIKE INGRAM, Lieutenant, Alaska State Troopers, Department of Public Safety, Anchorage, Alaska, described SB 165 as a fairly good solution to address the issue of patrons of sex trafficked victims. Under current law the patrons can only be charged with a class B misdemeanor relating to prostitution. For that reason, the Alaska State Troopers support SB 165. 4:25:26 PM SENATOR COGHILL asked for confirmation that this is about a patron of a person who is acting under duress or is underage. MR. SKIDMORE replied that is correct. 4:25:57 PM CHAIR REVAK held SB 165 in committee and encouraged the public to submit written testimony to ssta@akleg.gov. 4:26:50 PM There being no further business to come before the committee, Chair Revak adjourned the Senate State Affairs Standing Committee meeting at 4:26 p.m.

Document Name Date/Time Subjects
SB 165 Highlights Doc 1.27.2020.pdf SSTA 3/3/2020 3:30:00 PM
SB 165
SB 165 Sectional Analysis v. A 1.27.2020.pdf SSTA 3/3/2020 3:30:00 PM
SB 165
SB 165 Transmittal Letter 1.27.2020.pdf SSTA 3/3/2020 3:30:00 PM
SB 165
SB 165 Hearing Request 1.31.2020.pdf SSTA 3/3/2020 3:30:00 PM
SB 165
HB83 Explanation of Changes Feb 14 2020.pdf SSTA 3/3/2020 3:30:00 PM
HB 83
HB83 Sectional Analysis Feb 14 2020.pdf SSTA 3/3/2020 3:30:00 PM
HB 83
HB83 Sponsor Statement Feb 14 2020.pdf SSTA 3/3/2020 3:30:00 PM
HB 83
SJR 18 - Letter of Support - League of Women Voters 2.28.20.pdf SSTA 3/3/2020 3:30:00 PM
SJR 18
SJR 18 Sponsor Statement.pdf SSTA 3/3/2020 3:30:00 PM
SJR 18
SJR 18 Backup document HB 2 from 3.21.1913.jpg SSTA 3/3/2020 3:30:00 PM
HB 2
SJR 18