Legislature(2023 - 2024)SENATE FINANCE 532

05/09/2024 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 66 CONTROLLED SUB;HOMICIDE;CRIMES;SENTENCING TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit Will Be Set> --
+= HB 126 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Moved SCS HB 126(FIN) Out of Committee
+= HB 155 ESTABLISH AK MILITARY AFFAIRS COMMISSION TELECONFERENCED
Heard & Held
+= HB 19 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
CS FOR HOUSE BILL NO. 66(FIN) am                                                                                              
                                                                                                                                
     "An  Act relating  to homicide  resulting from  conduct                                                                    
     involving    controlled    substances;   relating    to                                                                    
     misconduct involving  a controlled  substance; relating                                                                    
     to sentencing; and providing for an effective date."                                                                       
                                                                                                                                
9:43:59 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:46:07 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
9:46:10 AM                                                                                                                    
                                                                                                                                
LAUREE  MORTON, FORMER  EXECUTIVE  DIRECTOR, ALASKA  NETWORK                                                                    
DOMESTIC  VIOLENCE  AND  SEXUAL ASSAULT,  JUNEAU,  spoke  in                                                                    
support of the bill.                                                                                                            
                                                                                                                                
9:48:58 AM                                                                                                                    
                                                                                                                                
BRENDA   STANFILL,   EXECUTIVE  DIRECTOR,   ALASKA   NETWORK                                                                    
DOMESTIC VIOLENCE  AND SEXUAL ASSAULT, JUNEAU,  testified in                                                                    
support of the bill.                                                                                                            
                                                                                                                                
9:52:45 AM                                                                                                                    
                                                                                                                                
SANDY  SNODGRASS,  AK  FENTANYL  RESPONSE  PROJECT,  JUNEAU,                                                                    
spoke  in  support  of  the  bill,  specifically  increasing                                                                    
penalties  for  second  degree   murder  when  fentanyl  and                                                                    
illicit drugs the  cause of death. She shared  that her son,                                                                    
Bruce  Snodgrass,  was poisoned  by  fentanyl  in 2003.  She                                                                    
believed  that the  legislation  would stem  the problem  of                                                                    
fentanyl deaths in the state.                                                                                                   
                                                                                                                                
9:54:45 AM                                                                                                                    
                                                                                                                                
EILEEN   ARNOLD,   EXECUTIVE    DIRECTOR,   TUNDRA   WOMEN'S                                                                    
COALITION,  BETHEL,  spoke  in  support  of  the  bill.  She                                                                    
specifically cited  the changes in the  court rule regarding                                                                    
the  Grand Jury,  which she  believed would  protect victims                                                                    
from   being  retraumatized.   She   said   that  in   small                                                                    
communities it could be hard  to protect confidentiality and                                                                    
the  change in  the legislation  would protect  victims from                                                                    
possible  community backlash  and  scrutiny as  a result  of                                                                    
telling their story in Grand Jury.                                                                                              
                                                                                                                                
9:58:40 AM                                                                                                                    
                                                                                                                                
ADAM  BARGER, SELF,  ARIZONA, addressed  some issues  he had                                                                    
with  the bill.  He  testified against  the legislation.  He                                                                    
remarked that  the overdose  crisis in  the state  should be                                                                    
addressed. He felt that the  legislation removed the actions                                                                    
and  culpability   of  the  user  from   accountability.  He                                                                    
believed the  bill would increase the  prison population. He                                                                    
said  that   people  were  dying  form   addiction  and  the                                                                    
legislation did  nothing to address  the opioid  epidemic in                                                                    
the state.                                                                                                                      
                                                                                                                                
10:01:55 AM                                                                                                                   
                                                                                                                                
DENNIS   MORNER,   CRISIS   RESPONSE   CANINES,   ANCHORAGE,                                                                    
testified in support  of the bill. He stated  that he worked                                                                    
with his canines to support  victims of rape. He shared that                                                                    
he met with victims prior to  the Grand Jury process. He had                                                                    
worked with  females of all  ages. He noted  the devastating                                                                    
affect of testifying before Grand Jury on victims.                                                                              
                                                                                                                                
10:04:28 AM                                                                                                                   
                                                                                                                                
MANDY  COLE,  AWARE, JUNEAU,  testified  in  support of  the                                                                    
bill. She relayed that she  appreciated the name change form                                                                    
 Child Pornography   to  Child  Sexual Abuse  Material.  She                                                                    
added that the  change allowing victims to  have an assigned                                                                    
proxy  tell  their story  before  the  Grand Jury  would  be                                                                    
beneficial to victims.                                                                                                          
                                                                                                                                
10:06:56 AM                                                                                                                   
                                                                                                                                
SUSAN ORLANSKY, SELF, ANCHORAGE,  testified in opposition to                                                                    
the legislation. She cited  the unintended consequences from                                                                    
possibly hearsay due to Section  51. She understood that the                                                                    
change was  meant to protect  victims but believed  that the                                                                    
section allowed for hearsay from   all kinds of witnesses in                                                                    
all kinds of  cases.  She noted that  the testifying officer                                                                    
could  have only  read  a  report of  spoken  to an  officer                                                                    
originally involved in  a case. She likened the  change to a                                                                    
game  of telephone.  She  felt that  the  change would  deny                                                                    
Alaskans  long-time  protection against  unfounded  charges.                                                                    
She urged the committee not to pass the bill as drafted.                                                                        
                                                                                                                                
10:09:45 AM                                                                                                                   
                                                                                                                                
MICHAEL  GARVEY, ADVOCACY  DIRECTOR, ACLU  ALASKA, ANCHORAGE                                                                    
spoke in  opposition to the  bill. He stressed  that several                                                                    
provisions  in  the  bill   would  significantly  erode  the                                                                    
constitutional rights of some  Alaskans while spending state                                                                    
resources on  ineffective strategies. He stated  that Alaska                                                                    
had a long tradition  increasing criminal penalties for drug                                                                    
use infractions,  which had not  helped to curb  the current                                                                    
overdose epidemic. He relayed  that longer sentences did not                                                                    
serve  as  a  deterrent  but  had  the  opposite  effect  of                                                                    
incarcerating  people with  disorders and  discouraging them                                                                    
to  reach  out for  help.  He  said  that the  drug  induced                                                                    
homicide  provisions   would  require   more  time-consuming                                                                    
prosecutions and  would task  the Department  of Corrections                                                                    
to  care for  more people  for  longer periods  of time.  He                                                                    
contended that  sate resources could  be constrained  by the                                                                    
involuntary  commitment provision  of the  bill. He  worried                                                                    
the  provision would  warehouse  people  with mental  health                                                                    
issues. He cited  the letter written to  the committee (copy                                                                    
on  file) and  urged the  committee  to oppose  the bill  as                                                                    
written.                                                                                                                        
                                                                                                                                
10:12:13 AM                                                                                                                   
                                                                                                                                
TERI   WEST,  DIRECTOR,   ADMIN   SERVICES,  DEPARTMENT   OF                                                                    
CORRECTIONS,  stated  that she  was  online  to address  the                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
10:12:32 AM                                                                                                                   
                                                                                                                                
Ms.  West explained  the fiscal  note  OMB component  number                                                                    
1381.  She revealed  that the  DOC did  not have  sufficient                                                                    
data to project  the full impacts of the  legislation on the                                                                    
daily  prison population;  however, the  department did  not                                                                    
anticipate any  significant fiscal  impact with  the changes                                                                    
and  can absorb  any increases  within the  current capacity                                                                    
and resources based on current inmate population counts.                                                                        
                                                                                                                                
10:13:44 AM                                                                                                                   
                                                                                                                                
KEELEY OLSON, EXECUTIVE  DIRECTOR, STANDING TOGETHER AGAINST                                                                    
RAPE,  ANCHORAGE  testified  in  support of  the  bill.  She                                                                    
echoed the benefit  for victims to not be  forced to testify                                                                    
in  front of  a Grand  Jury  and face  being traumatized  by                                                                    
telling  their story.  She elaborated  on the  harm done  to                                                                    
victims  who  are  forced to  retell  their  story  numerous                                                                    
times.                                                                                                                          
                                                                                                                                
10:17:04 AM                                                                                                                   
                                                                                                                                
SERENE O'HARA-JOLLEY, SELF,  ANCHORAGE testified against the                                                                    
bill,  as  an  omnibus  bill. She  believed  that  the  bill                                                                    
intended  to address  issues that  needed scrutiny  but felt                                                                    
that  the  legislation should  use  a  more trauma  informed                                                                    
approach,  using  data  to address  underlying  causes.  She                                                                    
expressed alarm  at the involuntary commitment  provision in                                                                    
the current  legislation. She  explained that  often victims                                                                    
of  human trafficking  often were  charged with  trafficking                                                                    
themselves.                                                                                                                     
                                                                                                                                
10:19:09 AM                                                                                                                   
                                                                                                                                
TERRA  BURNS,  ADVOCATE,  COMMUNITY UNITED  FOR  SAFETY  AND                                                                    
PROTECTION, FAIRBANKS  spoke in opposition to  the bill. She                                                                    
reiterated the  pervious testifiers  concerns about  how the                                                                    
bill   could  harm   those  that   were  victims   of  human                                                                    
trafficking and  could keep victims  from seeking  help. She                                                                    
criticized  the process  the bill  had gone  through, noting                                                                    
that the  legislation had been  limited in  its availability                                                                    
to  the  public,  and  had  been moved  out  of  the  Senate                                                                    
Judiciary  Committee   without  public  input  at   2am  the                                                                    
previous  morning, and  was  being heard  7  hours later  in                                                                    
Senate  Finance Committee.  She added  that the  opportunity                                                                    
for  public testimony  in the  Senate Finance  Committee had                                                                    
not been noticed in a timely  manner. She argued that no one                                                                    
working on  the legislation had  reached out to  sex workers                                                                    
or  sex  trafficking  survivors who  had  been  charged  and                                                                    
convicted with sex trafficking in  the second degree and who                                                                    
would  be forced  to register  as a  sex offender  under the                                                                    
bill  as  written.  She  argued  that  bad  legislation  was                                                                    
crafted   when   lawmakers    did   not   communicate   with                                                                    
stakeholders.  She urged  the committee  not  to support  he                                                                    
bill as written.                                                                                                                
                                                                                                                                
10:21:46 AM                                                                                                                   
                                                                                                                                
KC   CASORT,   SELF,   FAIRBANKS   testified   against   the                                                                    
legislation. She echoed the  concerns of previous testifiers                                                                    
and  expressed  particular  opposition  to  the  involuntary                                                                    
commitment provision citing Alaskas   poor track record with                                                                    
mismanagement of  psychiatric facilities  in the  state. She                                                                    
encouraged  the committee  to put  the bill  through a  more                                                                    
vigorous  public vetting  process that  involved those  most                                                                    
impacted by the legislation.                                                                                                    
                                                                                                                                
10:23:28 AM                                                                                                                   
                                                                                                                                
MAXINE DOOGAN,  COMMUNITY UNITED FOR SAFETY  AND PROTECTION,                                                                    
FAIRBANKS spoke  in opposition to  the bill. She  echoed the                                                                    
concerns of previous testifiers.                                                                                                
                                                                                                                                
10:27:10 AM                                                                                                                   
                                                                                                                                
AMBER NICKERSON, OUTREACH  COORDINATOR, COMMUNITY UNITED FOR                                                                    
SAFETY  AND PROTECTION,  ANCHORAGE spoke  against the  bill.                                                                    
She echoed the testimony of previous testifiers.                                                                                
                                                                                                                                
10:30:29 AM                                                                                                                   
                                                                                                                                
TATIANA  ROTHCHILD, VOLUNTEER,  COMMUNITY UNITED  FOR SAFETY                                                                    
AND PROTECTION, RHODE ISLAND testified  in opposition to the                                                                    
legislation.   She   reiterated  the   previous   testifiers                                                                    
concerns.  She expressed  concern with  definitions of   sex                                                                    
offense  and   sex offender  outlined  in the bill,  as well                                                                    
as the  ramification for sex  trafficking survivors  and sex                                                                    
workers.                                                                                                                        
                                                                                                                                
10:32:56 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
10:33:21 AM                                                                                                                   
                                                                                                                                
SENATOR  MATT   CLAMAN,  SPONSOR,  appreciated   the  public                                                                    
testimony  hearing. He  felt  that it  made  sense that  the                                                                    
Senate  Finance Committee  should amend  the bill  that came                                                                    
out  of   the  Senate   Judiciary  Committee,   taking  into                                                                    
consideration the testimony heard during the meeting.                                                                           
                                                                                                                                
10:34:00 AM                                                                                                                   
                                                                                                                                
Co-Chair  Olson remarked  that  there  had been  significant                                                                    
testimony opposing the legislation.                                                                                             
                                                                                                                                
10:34:07 AM                                                                                                                   
                                                                                                                                
Senator  Claman  agreed  that   there  were  two  areas  the                                                                    
opposition had spoken  to, Sections 30 and 32,  which no one                                                                    
had spoken  against in the  Senate Judiciary  Committee [The                                                                    
Senate  Judiciary  did  not  take  public  testimony  before                                                                    
moving the bill from committee].  He said that 37 states had                                                                    
similar  provisions like  the Grand  Jury  provision in  the                                                                    
current legislation. He  said of all those  states, only one                                                                    
other  state did  not allow  hearsay. He  stressed that  the                                                                    
provision as written protected victims.                                                                                         
                                                                                                                                
Co-Chair Olson spoke of protection  for victims and possible                                                                    
victims. He highlighted the number  of people who had spoken                                                                    
against the bill.                                                                                                               
                                                                                                                                
Senator Claman  replied that people speaking  for or against                                                                    
legislation was part of the process.                                                                                            
                                                                                                                                
Senator  Wilson  wondered  about evolution  of  the  hearsay                                                                    
provision  and how  it had  been addressed  in other  states                                                                    
historically.                                                                                                                   
                                                                                                                                
Senator Claman deferred the question to the Department of                                                                       
Law.                                                                                                                            
                                                                                                                                
Senator Kiehl interjected that the matter with the single                                                                       
most contentious issue in the previous committee and                                                                            
required further discussion.                                                                                                    
                                                                                                                                
CSHB 66(FIN)am was HEARD and HELD in committee for further                                                                      
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 126 CS in SFin 2nd summary of changes 5-6-24.pdf SFIN 5/9/2024 9:00:00 AM
HB 126
HB 126(FIN)-work draft version H (corrected 2nd CS).pdf SFIN 5/9/2024 9:00:00 AM
HB 126
HB 155 work draft version N.pdf SFIN 5/9/2024 9:00:00 AM
HB 155
HB 155 CS in SFin summary of changes 5-8-24.pdf SFIN 5/9/2024 9:00:00 AM
HB 155
HB 19 CS in SFin summary of changes 5-8-24.pdf SFIN 5/9/2024 9:00:00 AM
HB 19
HB 19(FIN) work draft version -U.pdf SFIN 5/9/2024 9:00:00 AM
HB 19
HB 19 Legal Memo Bullard 24-256mjt.pdf SFIN 5/9/2024 9:00:00 AM
HB 19
HB 19 DFG CFEC 050724.pdf SFIN 5/9/2024 9:00:00 AM
HB 19
HB 66 Support Letters Packet 1.pdf SFIN 5/9/2024 9:00:00 AM
HB 66
HB 66 Opposition Letters Packet 1.pdf SFIN 5/9/2024 9:00:00 AM
HB 66
HB 19 summary of changes version D 5-9-24.pdf SFIN 5/9/2024 9:00:00 AM
HB 19
HB 19(FIN) work draft version -D.pdf SFIN 5/9/2024 9:00:00 AM
HB 19