Legislature(2021 - 2022)

2022-02-11 House Journal

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2022-02-11                     House Journal                      Page 1815
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                        THIRTY-SECOND LEGISLATURE                                                                            
                                                                                                                                
                              SECOND SESSION                                                                                 
                                                                                                                                
                                                                                                                                
Juneau, Alaska                     Friday             February 11, 2022                                                       
                                                                                                                                
                             Twenty-fifth Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Stutes at 10:03 a.m.                                                                                                            
                                                                                                                                
Roll call showed 33 members present.  Representatives McKay and                                                                 
Spohnholz had been excused from a call of the House today.                                                                      
Representatives Edgmon and Zulkosky were absent, and their                                                                      
presence was noted later.  Representative Carpenter was absent.                                                                 
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representatives McCarty and Rasmussen be excused from a call of the                                                             
House today.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
The invocation was offered by the Chaplain, Representative Story.                                                               
Representative Thompson moved and asked unanimous consent that                                                                  
the invocation be spread on the journal.  There being no objection, it                                                          
was so ordered.                                                                                                                 
                                                                                                                                
    With the deepest respect for the beliefs of all Alaskans, I offer                                                          
     this prayer:                                                                                                               
                                                                                                                                
     Dear God,                                                                                                                  
                                                                                                                                
     We come to you this morning united in our love for the great                                                               
     state of Alaska and its people.  We also come before you in                                                                
     gratitude for the life of Johnny Ellis, his public service, his                                                            
     mentoring to many in this Capitol, and his dedication and care                                                             
     for all Alaskans.  We ask for prayers of comfort for his                                                                   

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     family, friends, and statewide community.  And please bring                                                                
     comfort for all those who are grieving the loss of a loved one.                                                           
                                                                                                                                
     On this month where we celebrate Black History, let us                                                                     
     remember, with thanksgiving, the achievements of Bettye                                                                    
     Davis, the first African-American woman to be elected to the                                                               
     other body and who served in this body.  I am told she was                                                                 
     often called the "Conscience of the Legislature" due to her                                                                
        advocacy for programs which supported vulnerable Alaskans.                                                             
                                                                                                                                
     In the spirit of gratefulness for the lives of these two hard                                                              
     working legislators, Johnny and Bettye, help us to do our                                                                  
     work down here, Lord, with renewed energy, in our time to                                                                  
     serve, in the spirit of governing together to benefit future                                                               
     generations of all Alaskans.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Ortiz.                                                                       
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 23rd and 24th legislative days and House and Senate                                                             
Joint Journal Supplement No. 10 be approved as certified by the Chief                                                           
Clerk.                                                                                                                          
                                                                                                                                
Representative Thompson objected.                                                                                               
                                                                                                                                
HB 44                                                                                                                         
Representative Thompson moved and asked unanimous consent that                                                                  
the House rescind previous action in spreading the Legal                                                                        
Memorandum dated February 9 (page 1805).                                                                                        
                                                                                                                                
**The presence of Representatives Edgmon and Zulkosky was noted.                                                                
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall the House rescind previous action in                                                                
spreading the Legal Memorandum, dated February 9, on the journal?"                                                              
The roll was taken with the following result:                                                                                   
                                                                                                                                

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Legal Memo Spread on the Journal                                                                                                
Rescind Previous Action in Adopting                                                                                             
                                                                                                                                
YEAS:  34   NAYS:  1   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster,                                                                
Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman,                                                                          
Kreiss-Tomkins, LeBon, McCabe, Merrick, Nelson, Ortiz, Patkotak,                                                                
Prax, Rauscher, Schrage, Shaw, Snyder, Story, Stutes, Tarr,                                                                     
Thompson, Tilton, Tuck, Vance, Wool, Zulkosky                                                                                   
                                                                                                                                
Nays:  Kurka                                                                                                                    
                                                                                                                                
Excused:  McCarty, McKay, Rasmussen, Spohnholz                                                                                  
                                                                                                                                
Absent:  Carpenter                                                                                                              
                                                                                                                                
And so, the motion passed.                                                                                                      
                                                                                                                                
The question being:  "Shall the House spread the Legal Memorandum,                                                              
dated February 9, on the journal?"  The roll was taken with the                                                                 
following result:                                                                                                               
                                                                                                                                
Legal Memo Dated February 9                                                                                                     
Spread on the Journal                                                                                                           
                                                                                                                                
YEAS:  3   NAYS:  32   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Eastman, Kurka, Prax                                                                                                     
                                                                                                                                
Nays:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham,                                                                
Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins,                                                                   
LeBon, McCabe, Merrick, Nelson, Ortiz, Patkotak, Rauscher, Schrage,                                                             
Shaw, Snyder, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  McCarty, McKay, Rasmussen, Spohnholz                                                                                  
                                                                                                                                
Absent:  Carpenter                                                                                                              
                                                                                                                                
And so, the motion failed.                                                                                                      
                                                                                                                                
Representative Thompson withdrew the objection.  There being no                                                                 
further objection, the journal for the 23rd and 24th legislative days and                                                       
House and Senate Joint Journal Supplement No. 10 were approved as                                                               
certified by the Chief Clerk.                                                                                                   
                                                                                                                                

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                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 187                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     HOUSE BILL NO. 187                                                                                                         
     "An Act relating to the elimination or modification of state agency                                                        
    publications that are outdated, duplicative, or excessive or that                                                          
     could be improved or consolidated with other publications or                                                               
     exclusively delivered electronically; and providing for an effective                                                       
     date."                                                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 187(STA)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Merrick and Foster, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (6):  LeBon, Carpenter, Thompson, Johnson, Rasmussen,                                                                   
Foster                                                                                                                          
                                                                                                                                
No recommendation (5):  Ortiz, Edgmon, Wool, Josephson, Merrick                                                                 
                                                                                                                                
The following fiscal note(s) apply to CSHB 187(STA):                                                                            
                                                                                                                                
2.  Zero, Office of the Governor                                                                                                
                                                                                                                                
HB 187 was referred to the Rules Committee.                                                                                     
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Naomi Bailey                                                                                                         
By Representative Wool                                                                                                          
                                                                                                                                
Honoring - Susan Pollard                                                                                                        
By Representatives Hannan, Story; Senator Kiehl                                                                                 

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Honoring - West Valley High School, Boys' Cross Country Team                                                                    
By Representatives Wool, Hopkins; Senator Kawasaki                                                                              
                                                                                                                                
In Memoriam - Pauline Fredrickson                                                                                               
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - Marjorie Young                                                                                                    
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - Karen Ann Kiss                                                                                                    
By Senator Bishop                                                                                                               
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 29                                                                                                                        
HOUSE JOINT RESOLUTION NO. 29 by Representative Rauscher:                                                                       
                                                                                                                                
     Urging the United States Congress to pass the Postal Service                                                               
     Reform Act of 2021; urging the United States Congress to pass                                                              
     the Postal Banking Act; and urging the United States Postal                                                                
     Service to continue delivering mail six days a week under historic                                                         
     delivery standards.                                                                                                        
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 313                                                                                                                        
HOUSE BILL NO. 313 by Representatives Zulkosky and Drummond,                                                                    
entitled:                                                                                                                       
                                                                                                                                
     "An Act requiring background investigations of village public                                                              
     safety officer applicants by the Department of Public Safety;                                                              
     relating to the village public safety officer program; and providing                                                       
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Tribal Affairs and the Finance Committee.                                                                                       

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HB 314                                                                                                                        
HOUSE BILL NO. 314 by Representatives Tuck and Drummond,                                                                        
entitled:                                                                                                                       
                                                                                                                                
     "An Act establishing the month of March as Brain Injury                                                                    
     Awareness Month."                                                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
HB 315                                                                                                                        
HOUSE BILL NO. 315 by Representative Story, entitled:                                                                           
                                                                                                                                
      "An Act relating to the Alaska microloan revolving loan fund."                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 316                                                                                                                        
HOUSE BILL NO. 316 by Representative Kaufman, entitled:                                                                         
                                                                                                                                
     "An Act providing for a standardized improvement tracking                                                                  
     system for state agencies."                                                                                                
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 317                                                                                                                        
HOUSE BILL NO. 317 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "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                                                      
     vacatur of judgment for a conviction of prostitution; and providing                                                        
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                

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The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Law                                                                                                          
3.  Zero, Dept. of Public Safety                                                                                                
4.  Fiscal, Dept. of Administration                                                                                             
5.  Fiscal, Dept. of Administration                                                                                             
6.  Fiscal, Dept. of Public Safety                                                                                              
                                                                                                                                
The Governor's transmittal letter dated February 10 follows:                                                                    
                                                                                                                                
"Dear Speaker Stutes:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to clarify and improve Alaska's                                                          
sex trafficking and human trafficking laws; establish the crime of                                                              
patron of a victim of sex trafficking; and create a process for a sex                                                           
trafficking victim convicted of prostitution to have that conviction                                                            
vacated.                                                                                                                        
                                                                                                                                
Alaska's sex trafficking and human trafficking statutes do not                                                                  
adequately address the serious nature of these offenses or provide                                                              
sufficient protections for underage victims. The current language in                                                            
these statutes is archaic and fails to address the realities faced by                                                           
individuals forced into the labor or sex trade, creating situations where                                                       
victims are unaided and perpetrators go undetected.                                                                             
                                                                                                                                
The proposed legislation will restructure the human trafficking and sex                                                         
trafficking statutes to address the realities of how these offenses are                                                         
committed and to protect underage victims. It increases the penalties                                                           
for all forms of trafficking placing the most serious classification on                                                         
those crimes that use force to traffic an underage person. Sex                                                                  
trafficking in the first, second and third degrees are now treated as sex                                                       
offenses for purposes of sentencing thereby enhancing the penalties.                                                            
Sex trafficking in the first and second degrees would also require sex                                                          
offender registration, while sex trafficking in the third would not                                                             
require registration. The legislation also establishes the new crime of                                                         
"patron of a victim of sex trafficking." While it is crucial to target                                                          
those who traffic individuals, it is equally important to address those                                                         
who create a demand for victims of sex trafficking, specifically                                                                
underage victims.                                                                                                               

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The legislation also targets those who patronize those engaging in sex                                                          
work. First, it increases the penalties for this conduct and establishes                                                        
mandatory minimums based on the number of times a person is                                                                     
convicted. If a person is convicted three times within five years, the                                                          
offense will become a felony. Sex trafficking would not exist without                                                           
those who pay for sex. We cannot begin to address this scourge if we                                                            
continue to look the other way as people continually fund the sex                                                               
trafficking industry.                                                                                                           
                                                                                                                                
Finally, the legislation establishes a mechanism by which a person                                                              
convicted of prostitution can request the conviction be vacated if they                                                         
were a victim of sex trafficking at the time of the prostitution offense.                                                       
The threat of being charged with a crime is often something that                                                                
traffickers will use to continue to control their victims. It is important                                                      
for society to recognize that these victims often have no other choice,                                                         
and they should not be treated as criminals when they are, in fact,                                                             
victims themselves.                                                                                                             
                                                                                                                                
Human trafficking and sex trafficking are insidious crimes that ruin                                                            
lives. It is time that our statutes begin to adequately address the                                                             
devastation this predatory conduct has on our society and protect those                                                         
who need it most.                                                                                                               
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
HB 318                                                                                                                        
HOUSE BILL NO. 318 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to criminal law and procedure; relating to a                                                              
     petition for a change of name for certain persons; relating to                                                             
     procedures for bail; relating to consecutive sentencing for                                                                
     violation of condition of release; relating to the duty to register as                                                     
     a sex offender; amending Rules 6(r) and 47, Alaska Rules of                                                                
     Criminal Procedure; amending Rule 12, Alaska Delinquency                                                                   

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     Rules; amending Rule 84, Alaska Rules of Civil Procedure; and                                                              
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Administration                                                                                               
3.  Zero, Dept. of Corrections                                                                                                  
4.  Zero, Dept. of Law                                                                                                          
5.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
The Governor's transmittal letter dated February 10 follows:                                                                    
                                                                                                                                
"Dear Speaker Stutes:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill which makes several statutory                                                            
changes that will better protect Alaska's crime victims.                                                                        
                                                                                                                                
Under current law, crime victims are entitled to participate in bail                                                            
hearings. However, that right is diminished when adequate notice is                                                             
not provided. To provide adequate notice of bail hearings to victims,                                                           
the bill requires a defendant to provide a written bail request, including                                                      
details of the requested modification to bail, to the prosecutor 48 hours                                                       
in advance of a bail hearing. A similar provision is also included for                                                          
detention hearings in juvenile cases. It is our duty to ensure that                                                             
victims can participate in the criminal justice process and providing                                                           
adequate notice of bail hearings is vital for meaningful participation.                                                         
                                                                                                                                
Defendants often disregard the bail and conditions imposed in a case.                                                           
This conduct turns our jails into revolving doors and is a drain on                                                             
Alaska's entire justice system. To help address this growing problem,                                                           
the bill makes numerous statutory changes designed to help the court                                                            
enforce its bail orders which are intended to ensure the appearance of                                                          
the defendant and the safety of the victim and the community at large.                                                          
The bill: (1) requires judges to issue written findings that explain how                                                        
their bail orders will protect the victim and community and reasonably                                                          

2022-02-11                     House Journal                      Page 1824
ensure that the defendant will appear in court; (2) creates a rebuttable                                                        
presumption that the defendant will not appear and poses a danger to                                                            
the victim or the community if the person has already repeatedly                                                                
violated conditions of release; and (3) requires some additional time to                                                        
be imposed for each conviction of violation of conditions of release                                                            
under AS 11.56.757. These changes in the law provide the criminal                                                               
justice system more tools, both pre- and post-trial, to address those                                                           
persons who have no desire to comply with their conditions of release                                                           
and who, therefore, pose a risk to the community.                                                                               
                                                                                                                                
Currently, except in certain limited circumstances, hearsay evidence is                                                         
prohibited at the grand jury phase of a case. Therefore, to obtain an                                                           
indictment, prosecutors are required to bring each witness before the                                                           
grand jury. This is similar to presenting evidence at trial and makes the                                                       
grand jury process cumbersome and inefficient. This process also                                                                
causes a hardship on the victim and witnesses. These individuals have                                                           
already provided statements to law enforcement and are asked mere                                                               
days later to come before the grand jury and relive what, for many,                                                             
may be the most traumatic experience of their lives. The bill relaxes                                                           
the rules and allows key witnesses, typically the officer in the case, to                                                       
summarize the testimony of other witnesses. More than 30 other                                                                  
jurisdictions allow hearsay evidence to be presented at grand jury.                                                             
This change will permit prosecutors to call fewer witnesses at the                                                              
grand jury phase of the case and reduce the need for the victim to                                                              
relive their trauma so soon after the crime occurred. It will also make                                                         
the process more efficient and assist in reducing the backlog that was                                                          
created when grand juries were suspended due to COVID-19.                                                                       
                                                                                                                                
Historically, a defendant could only raise an error on appeal if the                                                            
error was objected to when the alleged error occurred. The exception                                                            
to this rule was when the error was deemed "plain." An error was                                                                
typically deemed to be plain if it affected substantial rights, was                                                             
obvious, had a prejudicial impact, and the decision not to object was                                                           
not a tactical decision. However, beginning in 2011 with its decision                                                           
in Adams v. State, 261 P.3d 758 (Alaska 2011), the Alaska Supreme                                                               
Court eroded 40 years of jurisprudence by reinterpreting how this rule                                                          
is applied. Adams, and several other cases since Adams, have altered                                                            
the interpretation of this rule, reversing the burden of proof - from the                                                       
defendant (to show prejudice) - to the State (to prove, beyond a                                                                
reasonable doubt, that any error was harmless), redefined the term                                                              

2022-02-11                     House Journal                      Page 1825
"obvious" to include instances that are debatable to practitioners, and                                                         
made it next to impossible to establish that a failure to object was a                                                          
tactical decision. This new interpretation disincentivizes                                                                      
contemporaneous objections at trial. In 1980, the Alaska Supreme                                                                
Court articulated why such a disincentive is bad policy: "An accused                                                            
may not withhold an objection . . . . during a trial until an adverse                                                           
verdict has been returned. This procedure would permit him to take a                                                            
gambler's risk and complain only if the cards fell the wrong way."                                                              
Owens v. State, 613 P2d 259, 261 (Alaska 1980). Such a practice                                                                 
jeopardizes the integrity and fairness of the system. It also results in a                                                      
significant drain of resources by shifting the burden proof, expanding                                                          
the scope of errors deemed "plain", and effectively asking the State to                                                         
prove what a defense attorney was thinking several years prior.                                                                 
Returning this rule to its previous interpretation continues to provide                                                         
protection of the defendant's rights on appeal while also appropriately                                                         
preserving the integrity of the conviction and the finality of the case                                                         
for victims.                                                                                                                    
                                                                                                                                
Finally, the bill gives the Department of Corrections and Department                                                            
of Public Safety additional tools to assist in monitoring offenders. All                                                        
too often, individuals in the custody of the Department of Corrections                                                          
who must register as a sex offender change their name without                                                                   
notifying these Departments. This makes those individuals difficult to                                                          
monitor and creates a risk to both the victim and the community. The                                                            
bill requires those who are under the jurisdiction of the Department of                                                         
Corrections, and who must register as a sex offender with the                                                                   
Department of Public Safety, to notify those Departments when they                                                              
file a petition to change their name with the court. The Department of                                                          
Corrections will then notify the victim, and all parties will have the                                                          
opportunity to provide information to the court. In addition, a person                                                          
who is charged with a crime, but not yet convicted, must disclose that                                                          
they have an open case to the court when applying to change their                                                               
name. The court must then decide whether the name change meets                                                                  
multiple criteria, including that the change does not have a fraudulent                                                         
purpose, or is not intended to hinder law enforcement. Requiring                                                                
notification when an offender seeks to change their name will ensure                                                            
that these Departments have appropriate oversight and can adequately                                                            
monitor those offenders.                                                                                                        
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        

2022-02-11                     House Journal                      Page 1826
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
HB 319                                                                                                                        
HOUSE BILL NO. 319 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to criminal law and procedure; relating to the                                                            
     crime of harassment; relating to the duty to register as a sex                                                             
     offender; amending the definition of 'sex offense'; relating to                                                            
     lifetime revocation of a teaching certificate for certain offenses;                                                        
     relating to the definition of 'domestic violence'; relating to                                                             
     multidisciplinary child protection teams; relating to arrest                                                               
     authority for pretrial services officers and probation officers; and                                                       
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Law                                                                                                          
3.  Zero, Dept. of Public Safety                                                                                                
4.  Zero, Dept. of Public Safety                                                                                                
5.  Fiscal, Dept. of Administration                                                                                             
6.  Fiscal, Dept. of Administration                                                                                             
7.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
The Governor's transmittal letter dated February 10 follows:                                                                    
                                                                                                                                
"Dear Speaker Stutes:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to sex offenses.                                                                
                                                                                                                                
Under current law, the use of force, or the threat of force, is necessary                                                       
for sexual contact to qualify as sexual assault. Unwanted sexual                                                                

2022-02-11                     House Journal                      Page 1827
contact through clothing without the use of force, or threat of force, is                                                       
an A misdemeanor, but only if the conduct is intended to annoy or                                                               
harass. An A misdemeanor is inadequate to address the offensive and                                                             
alarming nature of this criminal conduct and the law should not                                                                 
require the offender's intent to be to annoy or harass for such unwanted                                                        
conduct to be criminal. The bill would address this gap in the law by                                                           
creating a class C felony level harassment offense for sexual contact                                                           
without the use of force or the threat of force. A person convicted of                                                          
this offense for the second time would also be required to register as a                                                        
sex offender. This change better addresses the traumatizing behavior                                                            
by calling the conduct what it is, a sex offense.                                                                               
                                                                                                                                
In addition to the new harassment offense mentioned above, the bill                                                             
closes several other loopholes in the law. The bill adds additional                                                             
crimes to the list which requires registration as a sex offender. It also                                                       
brings Alaska further in line with federal sex offender registration                                                            
requirements that will assist in monitoring these offenders.                                                                    
                                                                                                                                
Furthermore, current law requires permanent revocation of a person's                                                            
Alaska teaching certificate if the person has been convicted of certain                                                         
sex offenses such as sexual assault and sexual abuse of a minor. The                                                            
bill adds possession and distribution of child pornography to the                                                               
category of offenses which will require the permanent revocation of a                                                           
person's teaching certificate. Alaska's parents and children should                                                             
never have to worry about a person who engages in this conduct                                                                  
teaching classes at their local schools. Adding conviction of                                                                   
possession and distribution of child pornography makes sense and                                                                
further protects Alaska's children.                                                                                             
                                                                                                                                
The bill also gives pretrial services officers more tools to better                                                             
supervise those on pretrial release. Pretrial services officers are unable                                                      
to arrest, file charges, or request warrants for the majority of offenses.                                                      
Thus, when they become aware that a person on pretrial release has                                                              
committed a new crime, they must notify law enforcement or a                                                                    
prosecutor who must then gather the information from the pretrial                                                               
services officer in order to file charges or request a warrant.  This                                                           
process is inefficient and results in a delay in addressing the behavior.                                                       
Therefore, the bill adds a number of offenses to the list for which a                                                           
pretrial services officer may place someone under arrest. Defendants                                                            
often violate their conditions of release by escaping, contacting the                                                           

2022-02-11                     House Journal                      Page 1828
victim or a witness in the case, and tampering with evidence. Adding                                                            
these acts to the list of offenses that a pretrial services officer can                                                         
arrest, file charges, or request a warrant for will allow warrants to be                                                        
issued, and charges to be filed more quickly, making the system more                                                            
efficient.                                                                                                                      
                                                                                                                                
The bill gives arrest authority to probation officers for the crime of                                                          
"violation by a sex offender of a condition of probation" (AS                                                                   
11.56.759). Most offenders on probation can be sanctioned for                                                                   
violating a condition of probation by imposing suspended jail time,                                                             
whereas a sex offender on probation can also be charged with a new                                                              
crime for violating a condition of probation. This allows enforcement                                                           
of probation conditions even when a sex offender has done so poorly                                                             
on probation that there is no more suspended time left to impose.                                                               
Allowing probation officers to arrest and file a complaint on a                                                                 
probationer for a "violation by a sex offender of a condition of                                                                
probation" will allow probation officers to better respond when a sex                                                           
offender violates a condition of probation.                                                                                     
                                                                                                                                
Finally, the bill allows multidisciplinary child protection teams to                                                            
accept referrals of cases where there has been sexual contact or sexual                                                         
penetration that occurs between children under the age of 13.                                                                   
Typically, when children who are under 13 engage in this type of                                                                
behavior prosecution or adjudication is not considered appropriate or                                                           
effective. Rather the mental and physical well-being of the children                                                            
becomes the singular goal. Giving multidisciplinary child protection                                                            
teams, who are the experts in this field, the statutory authority to                                                            
accept referrals of these types of cases will make it easier to                                                                 
appropriately address this behavior in young children and link them up                                                          
with any therapeutic assistance they may need.                                                                                  
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

2022-02-11                     House Journal                      Page 1829
HB 320                                                                                                                        
HOUSE BILL NO. 320 by Representatives Tarr and Drummond,                                                                        
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to medical assistance coverage for women's                                                                
     health services; and providing for an effective date."                                                                     
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 268                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 268                                                                                                         
     "An Act relating to driver's license renewal."                                                                             
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 MLV RPT 7DP                                                         1798                                                       
 FN1: ZERO(ADM)                                                      1798                                                       
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
HB 268 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HB 268 will advance to third reading on the February 14 calendar.                                                               
                                                                                                                                
                   SECOND READING OF HOUSE RESOLUTIONS                                                                       
                                                                                                                                
HCR 2                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 2                                                                                          
     Supporting the Alaska Ocean Cluster in its mission, efforts, and                                                           
     vision for a vibrant coastal economy in the state, its promotion of                                                        
     a diversified and resilient state economy that creates value from                                                          

2022-02-11                     House Journal                      Page 1830
     ocean resources, and its building of a statewide integrated                                                                
     ecosystem of innovation and entrepreneurship relating to the                                                               
     state's ocean economy.                                                                                                     
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 FSH RPT 4DP 2NR 609                                                                                                            
 FN1: ZERO(LEG) 609                                                                                                             
 RES RPT 3DP 5NR 893                                                                                                            
 FN1: ZERO(LEG) 893                                                                                                             
                                                                                                                                
The Rules Committee submitted the following fiscal note:                                                                        
                                                                                                                                
2.  Zero, House Rules Committee                                                                                                 
                                                                                                                                
The question being:  "Shall HCR 2 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HCR 2                                                                                                                           
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  31   NAYS:  3   EXCUSED:  4   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham,                                                                
Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins,                                                                   
LeBon, McCabe, Merrick, Nelson, Ortiz, Rauscher, Schrage, Shaw,                                                                 
Snyder, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool,                                                               
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Eastman, Kurka, Prax                                                                                                     
                                                                                                                                
Excused:  McCarty, McKay, Rasmussen, Spohnholz                                                                                  
                                                                                                                                
Absent:  Carpenter, Patkotak                                                                                                    
                                                                                                                                
And so, HCR 2 passed the House and was referred to the Chief Clerk                                                              
for engrossment.                                                                                                                
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         

2022-02-11                     House Journal                      Page 1831
Honoring - Nushagak Electric & Telephone Cooperative and                                                                        
Community Partners                                                                                                              
By Representative Edgmon; Senator Hoffman                                                                                       
                                                                                                                                
Honoring - University of Alaska Fairbanks, Geophysical Institute's                                                              
75th Anniversary                                                                                                                
By Representatives Wool, Hopkins; Senator Kawasaki                                                                              
                                                                                                                                
Honoring - 2021 Alaska Division I High School, Football State                                                                   
Champions                                                                                                                       
By Senator Wielechowski; Representatives Spohnholz, Josephson                                                                   
                                                                                                                                
In Memoriam - Roy Morrow Smith                                                                                                  
By Representatives Story, Hannan; Senator Kiehl                                                                                 
                                                                                                                                
In Memoriam - Frank Soos                                                                                                        
By Representatives Wool, Hopkins                                                                                                
                                                                                                                                
In Memoriam - Allen James "Buckwheat" Swett                                                                                     
By Senator Wilson                                                                                                               
                                                                                                                                
In Memoriam - Patricia Ann "Duck" April Ricketts                                                                                
By Senator Wilson                                                                                                               
                                                                                                                                
In Memoriam - Frank Wilton Sharp                                                                                                
By Senator Stedman; Representative Kreiss-Tomkins                                                                               
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Wool – from 1:00 p.m., today to 1:00 p.m.,                                                                       
February 14                                                                                                                     
                                                                                                                                
HCR 2                                                                                                                         
Representatives Josephson and Tuck added as cosponsors to:                                                                      
                                                                                                                                

2022-02-11                     House Journal                      Page 1832
     HOUSE CONCURRENT RESOLUTION NO. 2                                                                                          
     Supporting the Alaska Ocean Cluster in its mission, efforts, and                                                           
     vision for a vibrant coastal economy in the state, its promotion of                                                        
     a diversified and resilient state economy that creates value from                                                          
     ocean resources, and its building of a statewide integrated                                                                
     ecosystem of innovation and entrepreneurship relating to the                                                               
     state's ocean economy.                                                                                                     
                                                                                                                                
HCR 9                                                                                                                         
Representative Tuck added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 9                                                                                          
     Designating May 1 - 7, 2022, as Tardive Dyskinesia Awareness                                                               
     Week.                                                                                                                      
                                                                                                                                
HCR 10                                                                                                                        
Representative Tuck added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 10                                                                                         
     Proclaiming February 2022 as American Heart Month.                                                                         
                                                                                                                                
HB 111                                                                                                                        
Representatives Thompson and LeBon added as cosponsors to:                                                                      
                                                                                                                                
     HOUSE BILL NO. 111                                                                                                         
     "An Act relating to the practice of dental hygiene; relating to                                                            
     advanced practice permits for dental hygienists; relating to dental                                                        
     assistants; prohibiting unfair discrimination under group health                                                           
     insurance against a dental hygienist who holds an advanced                                                                 
     practice permit; relating to medical assistance for dental hygiene                                                         
     services; and providing for an effective date."                                                                            
                                                                                                                                
HB 187                                                                                                                        
Representative Schrage added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 187                                                                                                         
     "An Act relating to the elimination or modification of state agency                                                        
     publications that are outdated, duplicative, or excessive or that                                                          
     could be improved or consolidated with other publications or                                                               
     exclusively delivered electronically; and providing for an effective                                                       
     date."                                                                                                                     

2022-02-11                     House Journal                      Page 1833
HB 298                                                                                                                        
Representative Vance added as a cosponsor to:                                                                                   
                                                                                                                                
     HOUSE BILL NO. 298                                                                                                         
     "An Act establishing the Alaska Food Strategy Task Force; and                                                              
     providing for an effective date."                                                                                          
                                                                                                                                
SB 25                                                                                                                         
Representatives Josephson, Hopkins, and Nelson added as cross                                                                   
sponsors to:                                                                                                                    
                                                                                                                                
     CS FOR SENATE BILL NO. 25(FIN)                                                                                             
     "An Act relating to the establishment and maintenance of an                                                                
     Internet website providing information on state government                                                                 
     financial transactions and specifying the information to be made                                                           
     available on the website; and relating to the Alaska Checkbook                                                             
     Online Internet website."                                                                                                  
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HCR 2                                                                                                                         
HCR 2 was engrossed, signed by the Speaker and Chief Clerk, and                                                                 
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Tarr requested that members stand for a moment of                                                                
silence to honor the life of former Senator Johnny Ellis.                                                                       
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:00 a.m., February 14. There being no                                                                     
objection, the House adjourned at 11:23 a.m.                                                                                    
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk