Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/06/2024 03:30 PM Senate STATE AFFAIRS
Note: the audio
and video
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB151 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 151 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 6, 2024
3:31 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Matt Claman, Vice Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 151
"An Act establishing the Missing and Murdered Indigenous Persons
Review Commission; relating to missing and murdered indigenous
persons; relating to the duties of the Department of Public
Safety; and providing for an effective date."
- HEARD & HELD
EO 128 SEPARATE MEMBERSHIP OF THE BOARD OFDIRECTORS OF THE
ALASKA ENERGY AUTHORITY AND THE ALASKA INDUSTRIAL DEVELOPMENT
AND EXPORT AUTHORITYAUTHORITY
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 151
SHORT TITLE: MISSING/MURDERED INDIGENOUS PEOPLE;REPORT
SPONSOR(s): SENATOR(s) OLSON
05/13/23 (S) READ THE FIRST TIME - REFERRALS
05/13/23 (S) STA, FIN
02/06/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR DONNY OLSEN, District T
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor for SB 151.
ALMERIA ALCANTRA, Staff
Senator Donald Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of the sectional
analysis for SB 151.
KENDRA KLOSTER, Co-Director
Law and Policy
Alaska Native Women's Resource Center
Fairbanks, Alaska
POSITION STATEMENT: Invited testimony for SB 151.
CHARLENE APQIK APOK, Executive Director
Data for Indigenous Justice
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
MORGAN LIM, Advocate
Planned Parenthood Alliance Advocates (PPAA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 151.
MAKA MONTURE, Member
Data for Indigenous Justice
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
KAI MONTURE, Associate Multimedia Producer
Native Movement
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 151.
KC CASORT, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 151.
ANTONIA COMMACK, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 151.
EMILY KLOC, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
YAARI WALKER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
JULIE SMYTH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 151.
JOEL JACKSON, Tribal Council President
Organized Village of Kake, Alaska
POSITION STATEMENT: Testified in support of SB 151.
HEATHER GURKO, Grand President
Alaska Native Brotherhood
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 151.
JIM COCKRELL, Commissioner
Department of Public Service (DPS)
Anchorage, Alaska
POSITION STATEMENT: Invited testimony for SB 151.
ACTION NARRATIVE
3:31:58 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Claman, Bjorkman, Merrick, and Chair
Kawasaki. Senator Wielechowski arrived thereafter.
SB 151-MISSING/MURDERED INDIGENOUS PEOPLE;REPORT
3:32:41 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
151 "An Act establishing the Missing and Murdered Indigenous
Persons Review Commission; relating to missing and murdered
indigenous persons; relating to the duties of the Department of
Public Safety; and providing for an effective date."
3:33:29 PM
SENATOR DONNY OLSEN, District T, Alaska State Legislature,
Juneau, Alaska, sponsor for SB 151. He stated that the crisis of
Missing and Murdered Indigenous Women (MMIW) has been a long-
standing issue in Alaska, but has been neglected for too long.
Progress has been made in recent years, but the state has a
significant way to go. He provided the following sponsor
statement:
[Original punctuation provided.]
SENATE BILL 151
"An Act establishing the Missing and Murdered
Indigenous Persons Review Commission"
Sponsor Statement
For decades, the crisis of Missing and Murdered
Indigenous Peoples (MMIP) has plagued the State of
Alaska. This crisis has taken loved ones from
families. The absence of these lives affects the
health and wellbeing of communities and has negatively
impacted generations of Alaskans.
While women and girls are the primary victims of
violence and human trafficking, these crimes also
impact men, boys, and elders throughout our state. In
fact, what many people don't know is Alaska ranks the
fourth highest state in the nation for the number of
MMIP cases and Anchorage has the third highest number
of cases by city according to a study conducted by the
Urban Indian Health Institute (UIHI) in 2018.
Senate Bill 151 creates a Missing and Murdered
Indigenous Persons Review Commission which will reside
within the Department of Public Safety (DPS) and work
cohesively with law enforcement and MMIP
investigators. This legislation also directs DPS to
employee at least two MMIP investigators. These
positions will be permanent within DPS and shall
investigate MMIP cases and act as liaisons between law
enforcement agencies, communities in the state, and
federally recognized tribes.
The Commission will consist of nine members from
diverse backgrounds whose sole purpose is to, in
coordination with law enforcement, review unresolved
MMIP cases from different regions within the state to
examine the trends and patterns related to these
cases. From their findings, the Commission shall
prepare a report providing recommendations to entities
throughout the state to increase collaboration and
reduce cases involving Indigenous persons. Along with
the Commission's report, this legislation directs DPS
to conduct a needs assessment to determine how to
increase protective and investigative resources for
identifying and reporting MMIP cases within the state
criminal justice system.
In the last several years, there has been increased
interest and attention on the issue of missing and
murdered Indigenous persons. Just last year this
legislature secured funding for two additional DPS
MMIP investigators. These investigators have made
significant progress in reviewing unresolved cases,
following leads, and making headway in cases that have
historically gone unsolved, and we must not lose
momentum. The creation of this Commission is necessary
for the continued success of those who are working
diligently to solve the tremendous amount of
unresolved MMIP cases we have in this State.
In closing, I would like to thank the committee for
hearing Senate Bill 151 and ask for your support of
this legislation to continue this essential work.
3:34:31 PM
ALMERIA ALCANTRA, Staff, Senator Donald Olson, Alaska State
Legislature, Juneau, Alaska, provided an overview of the
sectional analysis for SB 151. She said SB 151 would enact a
Missing and Murdered Indigenous Persons Review Commission under
the Department of Public Safety (DPS). At least two individuals
would be tasked with investigating MMIP cases and act as
liaisons between law enforcement, the community, and federally
recognized tribes. The purpose of the commission is to work with
MMIP investigators to review unresolved cases across the state,
examine case trends and patterns, and make recommendations on
how to increase collaboration between state agencies to reduce
the number of cases involving Indigenous persons. The commission
is also tasked with preparing a report of its findings that
shall be submitted to the legislature no later than two years
after the effective date. SB 151 directs DPS to conduct a needs
assessment to determine how to increase resources for
identifying and reporting MMIP cases within the state criminal
justice system. The report shall be submitted to the legislature
no later than one year after the effective date. The bill is
inspired by conversations with Alaskans throughout the state.
She expressed that the state must come together to resolve MMIP
cases.
3:37:23 PM
CO-CHAIR KAWASAKI announced invited testimony.
3:38:34 PM
KENDRA KLOSTER, Co-Director, Law and Policy, Alaska Native
Women's Resource Center, Fairbanks, Alaska, invited testimony
for SB 151. She said she came into MMIP work with the belief
that it is "heart work." As a Tlingit woman who is raising
children, she has concerns about the continuance of this issue.
MMIP cases have caused suffering in communities for many years.
She said in 2018, she reached out to the Executive Director of
Data for Indigenous Justice, Charlene Apquik Apok, and together
created the MMIWG2S Alaska Working Group for MMIW and two-spirit
people. Members from Alaska Native Women's Resource Center,
Alaska Native Justice Center, Data for Indigenous Justice,
Alaska Native Heritage Center, and Native Movement meet every
week to determine ways to address the crisis. Communities come
to the organizations to share their stories and entrust them
with information. People are here today to speak to gaps they
have observed. She said she is thankful this issue is moving
forward, but SB 151 is just one of many pieces that will ensure
the safety of all Alaskans.
3:40:55 PM
MS. KLOSTER said the Alaska Native Resource Center receives
calls from families looking for help in locating their oved ones
because law enforcement has been unresponsive and rural
communities do not have the public safety infrastructure needed
to ensure everyone is kept safe. As stories are shared, the goal
is to identify gaps and an action plan. The Alaska Native
Women's Resource Center created a toolkit to help tribes know
what to do when someone goes missing. The kit also identified
gaps in the response time of law enforcement. On one occasion,
it took 16 hours for law enforcement to arrive. People wonder
why some communities do not have tribal police. Making Alaska
safe and ensuring people are not missing or murdered depends on
tribes, communities, and legislators coming together. She stated
that this is not a new issue and communities have been suffering
for years as a result of colonization. Indigenous people are
being targeted in other parts of the country and throughout the
world. Indigenous people have high rates of domestic violence
and sexual assault. In 2018, the Urban Indian Health Institute
released a report that included data for missing Indigenous
women. As expected, Alaska has one of the highest rates and is
one of five states with the most MMIW cases. She stated that the
numbers are vastly underreported.
3:43:47 PM
MS. KLOSTER said she appreciates the partnership the Alaska
Native Women's Resource Center established with Commissioner
Cockrell and the Assistant Attorney General's Office to get four
MMIP investigators. There are currently four investigators, but
SB 151 would only mandate two. At the time SB 151 was first
developed, there was only one investigator listed. She wondered
if more are necessary given they work in pairs. It is important
that MMIP investigators are supported, so they can help bring
closure to families and properly investigate cases. She
concluded that this is heart work and important to the
community.
3:45:25 PM
CHAIR KAWASAKI asked how her policy efforts and the report work
in tandem to create information and how it would be used.
3:45:47 PM
MS. KLOSTER replied that the report specified under SB 151 would
focus on resources and measure the performance of MMIP
investigations. She said families are frustrated and believe
cases are not being handled in the same manner among different
regions. As time goes on, there are opportunities to improve
investigations and support investigators with resources, so
cases move forward for the Department of Law to prosecute at a
higher rate.
3:47:47 PM
SENATOR CLAMAN inquired about the intent of only having one
report.
3:48:07 PM
MS. KLOSTER replied that the intent is to better understand what
is currently happening and identify a needs assessment. There is
a working group under DPS, formerly an MMIP council, that acts
as a public arm to continue the internal work. Ensuring
continued communication between the working group and
commissioner is key. The report is to also ensure the commission
addresses necessary items within a needed timeframe. She invited
the commissioner to offer his thoughts.
3:49:43 PM
SENATOR CLAMAN added that Alaska has the highest rates of sexual
abuse and sexual assault in the country and this issue is one
part of that problem.
3:51:10 PM
CHARLENE APQIK APOK, Executive Director, Data for Indigenous
Justice, Anchorage, Alaska, testified in support of SB 151. She
introduced herself in Iñupiaq and said she goes by "Apqik."
Additionally, she is Co-Director of Native Justice and Healing
for Native Movement, which is a statewide organization. She is
also Executive and Founding Director for Data for Indigenous
Justice. As the voice of many who are not able to be here, she
said she comes forth with her past, present, and future
ancestors and is the voice for those who cannot attend. She
identified herself as a story keeper and added that her heart
carries forth the stories of many lost lives in Alaska. In 2018,
local community organizers sought to raise awareness of the MMIP
issue but could not locate data. Families shared heartbreaking
stories in hopes of change and action. When families provided
information, she recorded the data and kept an eye on social
media. Many times, families will first share information about a
missing person on social media due to mistrust of law
enforcement. Following the report released by the Urban Indian
Health Institute, Data for Indigenous Justice released an
Alaska-specific report in 2021, which identified 229 missing and
murdered Indigenous women in the state. She expressed her belief
that the number of missing and murdered Indigenous women is not
a coincidence, and all tribes are impacted.
3:55:06 PM
MS. APOK said since the continued tracking of data, thousands of
cases were identified within just a few years. She stated that
this was partially due to outdated database systems, however,
MMIP is an ongoing issue. Sufficient support for public safety
has not been met. Families often seek advocacy support from Data
for Indigenous Justice. She suggested that a public safety
system should ensure all Alaskans are safe, entail a timely and
trusted response, uphold prosecution, and ensure closure for
families. A substantial amount of work has been put into various
drafts of SB 151. She expressed her appreciation for the hearing
and said it would give hope to families. She said MMIP
investigators expressed that they have caseloads beyond their
lifetimes, so it is important to establish investigator
positions in statute. This is the first step to implementing
change in Alaska. Proposals under SB 151 were developed from
feedback from families.
3:57:59 PM
MS. APOK concluded by saying that she is a story keeper like
many people in the room and many Alaskans. She stated that
tracking the data is a heavy lift, but she is a survivor. She
shared that her mother was murdered at 40-years-old and left
behind nine children. The death report incorrectly listed her
mother's cause of death as suicide and identified her race as
Caucasian. Indigenous women go missing due to cultural
misunderstandings and are underreported due to inaccurate data
systems. She said her cousin, Samantha Koenig, was the barista
who was kidnapped and murdered in Anchorage. Although Anchorage
Police Department handled the case well, she expressed her
belief that all families deserve to have cases handled in the
same manner. She also shared that she has an aunt who went
missing when she left the state. Eventually, law enforcement
declared her deceased. She stated she testifies today with a lot
of heart and experience. Actions taken today would mean a lot to
families and would foster partnerships between tribes, tribal
sovereignty, state, and federal entities. She conveyed her
belief that everyone has the opportunity to be a part of the
solution.
4:00:44 PM
CHAIR KAWASAKI asked what type of data the state needs to
accumulate to solve cases.
4:01:07 PM
MS. APOK responded that race and ethnicity boxes are often left
unchecked when reporting missing person data. She stated that
improving basic demographic information in the data collection
process could make a difference. In the past, there was just one
checkbox for all causes of death for missing people. The
situation of an abducted person is different from someone who
was lost on a hike. DPS developed four checkbox categories based
on recommendations. She also recommended mandating NamUs
entries, a federal missing persons database, that would ensure
protections for all Alaskans. Currently, Alaska is one of a
dozen states that does not enter information into a national
clearinghouse database, which would be a no-cost request.
4:03:50 PM
SENATOR CLAMAN asked her to repeat the name of the national
database that Alaska does not submit data to.
MS. APOK replied, "NamUs."
4:04:06 PM
SENATOR CLAMAN asked whether the process would require statutory
action by the legislature or if DPS could authorize it.
4:04:16 PM
MS. APOK replied that law enforcement could opt into the
service, but she stated her belief that awareness of its
benefits are unrealized.
4:04:48 PM
CHAIR KAWASAKI opened public testimony on SB 151.
4:05:22 PM
MORGAN LIM, Advocate, Planned Parenthood Alliance Advocates
(PPAA), Juneau, Alaska, testified in support of SB 151. He said
PPAA supports SB 151, which would bolster investigative
resources to identify and report cases of MMIP. Nationwide, the
voices of Native and Indigenous people have united to raise
awareness of this issue. While violence against Native women
occurs at higher rates than other populations in the United
States, Alaska has some of highest rates of domestic violence,
sexual assault, trafficking and MMIP across the country.
MR. LIM said despite the growing awareness of MMIP, data on the
realities of this violence is scarce and grossly inadequate.
Nationally, the National Crime Information Center reported 5,712
missing American, Indian, and Alaska Native women and girls.
These numbers are likely dramatic underestimations. The lack of
proper data collection, poor record-keeping protocols,
underreporting by law enforcement, racial misclassification, and
a labyrinth of jurisdictional disputes all contribute to a lack
of quality data on MMIP. The severity of these issues
demonstrates the importance of SB 151. The bill takes important
steps to address MMIP in Alaska, including cooperation between
agencies, reviewing and informing ways to set up specific
standards for MMIP cases, protocols for guarding research, the
review of cases to help families close outstanding casework, and
solidifying the important work of MMIP investigators. Indigenous
and Native groups must be a part of meaningful consultations to
ensure proper data collection and increase coordination. Tribal
entities, Indigenous, and Native groups must have the ability to
advocate for and access data collection about their members when
they go missing or are killed. Improved coordination between all
parties when responding, recording, and sharing data is critical
to addressing the crisis. He said PPAA appreciates the
opportunity to support SB 151, which constitutes a critical step
toward addressing Alaska Natives going missing, being murdered,
or being subjected to violence and abuse.
4:08:2 4 PM
MAKA MONTURE, Member, Data for Indigenous Justice, Anchorage,
Alaska, testified in support of SB 151. She introduced herself
in Tlingit and said she is from Yakutat of the Raven Wat moiety
and Copper River Clan, and comes from the Owl House clan. She
thanked the committee members, her brothers, sisters, and
siblings of the working group. She also acknowledged her
grandmother and great grandmother. To ensure her stories stay
with members and are relevant for future bills or work done in
the state, she expressed her story. She said she is here because
she was born from the womb of women who did not go missing and
were not murdered. In Tlingit culture, when someone passes to
the spirit realm, they are said to have walked into the forest.
If the existence of another realm beyond the human body. Certain
days are foggy where mist can be seen crawling up the mountain.
One year ago in the wintertime, she had a dream she was visited
by Apqik. She dreamt that she was standing at the bottom of a
mountain and watched mist rise up the mountain. People began to
walk out of the forest and approach her, including hungry and
thirsty women, children, and boys, who asked her for water.
Whenever they tried to fill their hands with water, it would
dissipate. She realized it may have been the spirits of MMIP for
whom the working group advocates for. She said in Tlingit
culture, when people of the forest are hungry a fire is built,
the names of the deceased are called, and food is burned as a
portal to the spirit world. She implored the committee to work
in whatever way possible to help fill these people's hands with
water that water so they never go thirsty again.
4:12:38 PM
KAI MONTURE, Associate Multimedia Producer, Native Movement,
Fairbanks, Alaska, testified in support of SB 151. He introduced
himself in Tlingit and said he was born into the Owl House clan
through his mother's lineage. He said he is a brother, cousin,
uncle, nephew, and a friend to multiple women and girls who have
survived sexual and physical assault. It is a pain and shame
that weighs heavy on the community. He said the Tlingit people
are matrilineal, so all of the clan history, culture and
language, and the connection he has to the land that is
thousands of years old comes from his mothers, grandmothers, and
aunts. It is all invaluable. He expressed shame and grief that
Indigenous women suffer and are hurt for evil desires. The
warriors of the Tlingit people were called x' igaa káa, which
translates to, "a true or authentic person." He said his culture
believes that the people were authentic because they followed
the Warrior's code, which has five rules:
1. Never make yourself "heavier" than another person; heavier
means "more important" or "more valuable."
2. Always be humble before your people, which is your outer
humility.
3. Reach for the hand of the person next to you and uplift
them and be of service to the people around you.
4. Always protect your people at all times.
5. If you are wounded and know you are going to die, fight to
the last breath without crying out in pain.
He said the Tlingit people haven't had traditional warriors like
this in almost five generations due to colonization, the trauma
that needs healing, and the difficulty of traditional training.
Training for a boy begins at six or seven years old and
sometimes takes almost 16 years for them to be fully trained. It
is one of his dreams and a task he has undertaken to bring back
the warrior to protect and serve Tlingit women, but he
acknowledged it may take years and a lot of work. He said even
if his dream was realized, it may not be enough to protect the
women because of all the harm happening to them.
4:18:06 PM
MR. MONTURE said protecting women cannot be done alone. The
support of the whole community and state is needed. In Tlingit
culture, the word "kwn" is used, which means a region and
environment, the people from that region, and all living things
are inseparable. He stated his belief that all Alaskans are
needed to help address this issue at all levels in the community
and in government. It will take many years of work at all
different levels to find solutions. He asked the members of the
committee and fellow Alaskans to use their power to address this
issue. He thanked the committee for allowing his words to be
heard.
4:20:52 PM
KC CASORT, representing self, Fairbanks, Alaska, testified in
support of SB 151. She stated that she hopes the committee
quickly moves SB 151 and votes yes on the floor. She stated her
belief that no one in Alaska is untouched by the issue, and
thanked the committee for prioritizing adequate investigative
staffing and data reporting.
4:21:54 PM
ANTONIA COMMACK, representing self, Wasilla, Alaska, testified
in support of SB 151. She said she recently became a fellow of
Indigenous Justice but has been an advocate of justice for many
years following the violent abuse and murders of her two best
friends in Fairbanks. Both women, Robin Gray and Kristin
Huntington, left behind six children who are now motherless.
After both of their murderers were imprisoned, she took it upon
herself to advocate on behalf of many other families across the
state. She acknowledged that the list of victim's names is
incredibly long and said the stories she has heard are
heartbreaking and all too common. It is always the same story,
and it needs to stop. She said she has seen some changes since
2017. She opined that it is imperative SB 151 passes and the
state ensure Native voices are heard while fighting the MMIP
epidemic in Alaska. There is a need for more MMIP investigators
to solve these cases, more public safety officers in villages,
to establish cultural training for law enforcement so they can
understand the crisis happening today, and to provide victims
with advocates and better mental health services. Alaskan
Natives have asked for basic human rights, but it should not be
this difficult upholding justice. She opined that four MMIP
investigators is not enough and those four are already
overwhelmed. Many MMIP cases are not currently being
investigated. She asked members to support DPS by providing as
many investigators as needed to bring justice to loved ones.
4:24:44 PM
CHAIR KAWASAKI stated two State Affairs committee members serve
on the Public Safety Budget Subcommittee and would discuss the
topic of investigators and budget issues.
4:25:19 PM
EMILY KLOC, representing self, Anchorage, Alaska, testified in
support of SB 151. She said it is clear there is an epidemic of
MMIW in Alaska. SB 151 is one opportunity to address this
ongoing harm. She thanked the MMIWG2F working group and Senator
Olson, and urged members to pass the bill.
4:26:13 PM
YAARI WALKER, representing self, Anchorage, Alaska, testified in
support of SB 151. She stated she is originally from Savoonga
and identified her paternal and maternal clans. She said
listening to testimonies made her think of her She often talks
with them about MMIW and human trafficking, and explains that
they are targets in the community. She said she does not allow
them to travel alone, even to a nearby gas station. In her
culture, pregnant women wear their hair in two looped braids to
signify they are pregnant. It lets the community know it is
their responsibility to make sure she is taken care of and fed.
Communities need to protect Alaska Native women and girls. She
said she developed safety plans for her family to acknowledge
the possibility of being kidnapped or targeted. She asked
members to do their part to keep women and girls safe. When
members were voted into office, they were voted in to care for
and serve the people. Last month, she lost her niece at the
hands of a women in Palmer, who was charged with manslaughter.
Her niece was suffocated to death at the hands of this person.
4:29:55 PM
MS. WALKER opined that the woman who suffocated her niece was
aware of what she was doing, but was only charged with
manslaughter. She stated it is important that mothers, sisters,
and aunts are kept safe in the community. Anyone who works for
the legislature or law enforcement should receive training about
Alaska Native worldviews, culture, stories, history, traditions,
and relationship-building. This would lead to a better
relationship and partnership between the Native community, the
legislature, and law enforcement.
4:32:09 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, testified in
support of SB 151. She said her mother, Mary, is an MMIWG2S
statistic. Her mother used to call every few weeks to check on
the grandkids. The calls stopped in November of 2019. Her aunt,
the matriarch of the family, took the initiative to file a
missing persons report. The Anchorage Police Department did
everything they possible to avoid helping her family and never
bothered to look for her mother's case in the department
database. Her aunt was told she was calling the wrong
department, that she and her mother could both disappear if they
wanted to, and suggested contacting the Alaska Native
Corporation to declare her missing. One officer claimed he
visited her mother's home and spoke with her, and that she
wanted the family to leave her alone. She stated she testified
in front of many governments, including the municipality of
Anchorage and Fairbanks, but most elected officials failed to
care because there was no existing paperwork that was made
official. On September 2, 2022, her aunt discovered that her
mother was murdered, buried, and had an open case with the
Anchorage Police Department since 2018. The Anchorage police
officers repeatedly lied and did not have the compassion to look
into their own system to advise the family that Mary wasn't
missing, but had died under suspicious circumstances. An officer
assigned to her mother's case was confused about why an officer
would get into trouble for lying about the case. The officer was
annoyed that she was aware of her mother's abusive boyfriend.
She stated her belief that the case is still open. The family
suspects that the boyfriend murdered her based on the abuse they
witnessed. She shared her hope that SB 151 passes and matches
the language of HB 234, so change can happen.
4:34:53 PM
JOEL JACKSON, Tribal Council President, Organized Village of
Kake, Alaska, testified in support of SB 151. He said he has
been involved with MMIW for years, and decided to speak up after
two young girls were murdered in his village. The case that has
stood out to him over the years involved a young girl who was
murdered and left in the back entrance of a church. There was no
local law enforcement in the village when this happened.
Townspeople called him to help since he was a former police
officer. He secured the scene and blocked off the area. He
formed a group of young men to patrol the village because people
were scared. The group included two of his nephews who flew in
from Sitka. One is a police officer. Law enforcement
contradicted his statement that the young woman laid behind the
church for sixteen hours, but he maintained that he lived
through the experience. He asked how members would feel if their
daughter, granddaughter, or sister were found lying there. This
incident hit him hard because he had to sit there the entire
time. The other case involved a teenage girl who was killed
during a party at her house. There were five adult men at the
home. It took over two years to make a case against someone, but
law enforcement is uncertain whether the suspect is the correct
person. He stated that he speaks for Alaska that every community
has the right to law enforcement. People deserve to feel safe in
their homes.
4:43:39 PM
SENATOR WIELECHOWSKI joined the meeting.
4:40:08 PM
MR. JACKSON said there are currently two VPSOs assigned to Kake.
They are housed in the Sitka Police Academy and rotate in and
out of the village, leaving it without law enforcement one to
two weeks per month. He acknowledged that even though there is a
police officer shortage on every level, precious loved ones will
be lost unless something is done. He expressed to members that
if they lived through what he had, they would understand why he
speaks passionately about this issue. It falls on leadership in
communities when people aren't able to protect their own. He
encouraged members to support this in any way possible and
stated that it would likely take years to bring enough law
enforcement to all Alaskans. He urged the committee to support
SB 151 and any other bills that help Native communities. There
are non-Natives in the village, but people should look out for
each other no matter what skin tone they have or where they are
from.
4:43:42 PM
HEATHER GURKO, Grand President, Alaska Native Brotherhood,
Juneau, Alaska, testified in support of SB 151. She introduced
herself in Tlingit and said her uncle informed her that her name
represents the "roots of the base of the mountain" of the
Tlingit people. She said she was elected in 2019, served a two-
year term during the COVID-19 pandemic, got reelected in 2022,
and was reelected again in 2023. She said she did not intend to
be reelected, but ancestors call people to serve in many ways
and that is how she was called. Alongside the Alaska Native
Brotherhood and the Alaska Native Sisterhood Council, she helped
draft a letter of support for SB 151, HB 234, and HB 235. The
resolution was drafted and brought forth to the MMIW Committee
to inspire the local community to take action. Affiliated Tribes
of the Northwest Indians (ANTI), which serves 57 member tribes.
After understanding the importance of the three bills, the
committee drafted a resolution and held up all other business
that day to ensure it reached the floor the next morning. The
resolution was also supported by the Central Council of the
Tlingit and Haida Indian Tribes of Alaska and Alaskana Native
Brotherhood (ANB) and Alaska Native Sisterhood (ANS). For the
first time, all 57 affiliated tribes of the Northwest Indians
are looking at what happens in the legislature. She expressed
appreciation for the ability to advocate for Alaska Native
people, Native people across the country, and non-Native
relatives. She said despite having ties in Alaska, she does not
live here because her ancestors and community called her to
serve her people. She shared her story and testified in Oregon,
but never felt comfortable or safe to share in Alaska. When she
was 17 years old, she said she was raped by a non-Native man,
but was afraid to come forward and did not feel she would be
believed.
4:48:29 PM
MS. GURKO said she took that pain home with her and it left a
hole in her soul knowing the perpetrator could do the same to
others. When she attended Sheldon Jackson College, a similar
situation that involved a non-Native man happened again. She
said she chose to keep this information to herself and carried
it for over 30 years. At almost 50 years old, she expressed fear
of retribution or harm for bringing it to light. The individual
who did this to her serves in a high public position. She has
three children and does not want them to come to a place where
her story and path could bring them harm. While SB 151 is not a
solution to everything, it is a step that would prevent
predatory behavior, show that people are standing up for each
other, and pave the opportunity to ensure that the investigator
positions are established in law. She expressed gratitude for
the ability to call herself a Tlingit woman, talk with the
community, and speak with current and future generations of
leaders. However, she said she carries shame because she does
not feel safe enough to come forward because she does not feel
that she and her family would be protected. She expressed hope
that no other person would have to feel that way. If action is
taken, and people continue to work toward protection and
healing, future generations will not have to worry about this
problem. She stated she is motivated to continue telling her
story.
4:51:53 PM
CHAIR KAWASAKI thanked her for having the courage to bring her
story forward and step into her current position. He agreed that
SB 151 is one step forward and hopes it will be moved quickly.
4:52:28 PM
CHAIR KAWASAKI closed public testimony on SB 151 and announced
invited testimony.
4:53:44 PM
JIM COCKRELL, Commissioner, Department of Public safety (DPS),
Anchorage, Alaska, invited testimony for SB 151, acknowledged
the work he has done with DPS and Senator Olson. He said he
plans to work with the legislature and realized early on that
something must be done to address the MMIP issue. DPS staff
attended working groups with the federal government, but that
was not enough. He originally hired one investigator and was
amazed at how overwhelming it became for that one individual. He
confessed that he did not immediately recognize the importance
of the issue. After the first investigator became overwhelmed
and went into retirement, he hired three other investigators.
There are currently six cases being investigated in four areas
of the state. He stated his belief that he could keep six
investigators busy in the state for the amount of information
and investigative work needed for cold cases. Some cases lack
evidence or police reports, and some are old. One case was
picked up outside the jurisdiction in Kotzebue and has been open
for a while. He expressed that it is important that the state
recognizes the disproportionate amount of resources provided to
rural areas and some law enforcement presence in villages would
address this issue.
4:58:19 PM
MR. COCKRELL said there is potential and hope seen with the
growth of the VPSO program. Any village that desires a VPSO
should receive one. He stated his realization that adequate
services have not been provided to rural areas and villages, so
many people have suffered from sexual assault, domestic
violence, and homicide over the years. There is an open homicide
case in the Yukon-Delta area that has received limited
resources. He thanked Investigator Lonny Piscoya for his work in
the state. The realization from lawmakers is a slow-moving tide,
but determined the need to ensure adequate law enforcement to
rural areas must receive adequate law enforcements and the state
cannot rely on the federal government.
5:00:30 PM
SENATOR CLAMAN asked for clarification on whether he believes
there should be four or six investigators.
5:00:54 PM
MR. COCKRELL replied that the budget allocates full funding for
four positions and outreach for public awareness. He said more
would be desired, but four is adequate for the time being. He
asked for a station in Southeast Alaska that comprises one
tribal liaison and one person with law enforcement experience.
It is important communities and families of missing people are
taken care of. There is also a need for additional outreach to
tribal members and family members. He noted he is reviewing
different avenues to provide better services to communities.
5:02:54 PM
SENATOR CLAMAN asked if the NamUs database could be joined
without legislative action and whether he would support it.
5:03:09 PM
MR. COCKRELL replied that DPS currently enters each missing
person's case into NAMUS and is at a 97 percent completion rate.
Family members can also enter information into the database. DPS
maintains a commitment to doing it. The sixty-day timeline for
when a person goes missing to when their information is entered
into the database was identified to streamline the
administrative process.
5:04:31 PM
SENATOR WIELECHOWSKI asked for confirmation that 90 percent of
all crimes committed in Alaska are related to substance abuse or
alcohol and 90 percent of people in the correctional system have
a substance abuse problem.
5:04:50 PM
MR. COCKRELL responded that he was unsure how to reply to the
question.
5:04:58 PM
SENATOR WIELECHOWSKI wondered if the crimes are related to
substance abuse and whether there are other ways to be
proactive.
5:05:31 PM
MR. COCKRELL confirmed that a majority of crimes in the state
are committed under the influence of drugs or alcohol. While
these are one factor, law enforcement cannot treat cases
differently than any other investigation. He stated that stigma
occurs when there are assumptions of intoxication, so cases may
not be fully investigated.
5:06:55 PM
SENATOR MERRICK asked if the main obstacle to getting resources
to Yukon-Delta is the lack of personnel.
5:07:04 PM
MR. COCKRELL said there is an additional budget request to
obtain an aircraft since some places are difficult to access.
The odds of the ability to charter an aircraft have diminished
since the COVID-19 pandemic. He observed a lack of resources in
Yukon-Delta specifically. DPS is looking to modernize its
current aircraft and hopes to obtain an aircraft that can
navigate all-weather situations and land on runways. The
department is determined to respond quickly, but it is not
always possible.
5:09:16 PM
MS. ALCANTRA concluded by thanking everyone who provided
testimony. She said this is not an issue that she takes lightly.
She added that conversations with individuals have led to
amendments that the sponsor would like to consider.
5:10:45 PM
CHAIR KAWASAKI held SB 151 in committee.
5:11:55 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 5:11 p.m.