04/22/2021 03:00 PM House HEALTH & SOCIAL SERVICES

           HB 106-MISSING PERSONS UNDER 21 YEARS OLD                                                                        
                                                                                                                                
4:01:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY  announced that  the  next  order of  business                                                               
would be HOUSE BILL NO. 106,  "An Act relating to missing persons                                                               
under 21 years of age."                                                                                                         
                                                                                                                                
4:01:26 PM                                                                                                                    
                                                                                                                                
KATHRYN  MONFREDA,  Director,  Division  of  Statewide  Services,                                                               
Department  of  Public Safety,  presented  HB  106, sponsored  by                                                               
House  Rules  by  request  of  the  governor,  via  a  PowerPoint                                                               
presentation, entitled, "House Bill  106 Missing Persons Under 21                                                               
Years Old."   She explained that  the bill would bring  state law                                                               
into  compliance  with  federal  law as  it  relates  to  missing                                                               
persons  aged  18 through  21.  She  began  on page  2,  "Federal                                                               
Reporting   Requirements,"  which   read  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     • Suzanne's Law:  P. LAW 108-21, Title  II, Section 204                                                                    
     •  Requires  law  enforcement   to  enter  records  for                                                                    
     missing persons under  the age of 21  into the National                                                                    
     Crime Information Center (NCIC) database (2003)                                                                            
     • Adam Walsh Act: P. LAW 109-248 Section 154                                                                               
     •  Requires  law  enforcement   to  enter  records  for                                                                    
     missing  persons under  the  age of  21  into the  NCIC                                                                    
     database  within two  hours of  being reported  missing                                                                    
     (2006)                                                                                                                     
                                                                                                                                
MS. MONFREDA continued to slide  3, "Current Statutory Language,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     •  AS 18.65.620  requires reporting  missing minors  to                                                                    
     the  state's  Missing   Persons  Clearinghouse  if  not                                                                    
     located within 48-hours after first reported missing                                                                       
      • AS 47.10.141 requires  reporting missing minors into                                                                    
     state and  national databases no  later than  24- hours                                                                    
     after completing the missing person report                                                                                 
     •  AS 47.10.390  defines  'runaway minor'  as a  person                                                                    
     under 18 years of age                                                                                                      
                                                                                                                                
MS.  MONFREDA   advanced  to  slide  4,   "Summary  of  Statutory                                                               
Changes," which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     • Changes  required for AS  47.10.141 and  AS 18.65.620                                                                    
     to comply with the two federal laws regarding                                                                              
     • Entry  into state and national  databases for missing                                                                    
     persons under  age 21 instead of  the state requirement                                                                    
     of age 18                                                                                                                  
     •  Entry  of  the   records  into  state  and  national                                                                    
     databases   within  2-hours   instead   of  the   state                                                                    
     requirement of 24-hours                                                                                                    
                                                                                                                                
4:04:53 PM                                                                                                                    
                                                                                                                                
MS. MONFREDA proceeded to slide 5, "Current Procedures,"                                                                        
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     • Statewide training for law  enforcement is already in                                                                    
     place   regarding   the    more   restrictive   federal                                                                    
     requirements                                                                                                               
     •  Most state  and local  law enforcement  agencies are                                                                    
     already  complying with  the  more restrictive  federal                                                                    
     requirements                                                                                                               
     •  Programming for  the state  database, Alaska  Public                                                                    
     Safety  Information Network  (APSIN), has  already been                                                                    
     completed to allow law enforcement  to enter reports to                                                                    
     comply with the more restrictive federal requirements                                                                      
                                                                                                                                
MS. MONFREDA addressed slide 6, "Benefits," which read as                                                                       
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     • Remove conflicting,  less restrictive state statutory                                                                    
     requirements                                                                                                               
     • Faster  state and nationwide notification  of missing                                                                    
     person records for those under age 21                                                                                      
     •  The  National  Center   for  Missing  and  Exploited                                                                    
     Children  monitors national  databases and  proactively                                                                    
     offers assistance                                                                                                          
        Improved response  for  the vulnerable,  college-age                                                                    
     population of missing persons                                                                                              
                                                                                                                                
MS. MONFREDA spoke to slide 7, "Sectional Analysis," which                                                                      
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     • Section  1: Includes  conforming language  related to                                                                    
     the  duty  of  law   enforcement  agencies  to  reflect                                                                    
     changes made in section 2.                                                                                                 
     • Section  2: Adds  a new  subsection to  AS 18.65.620,                                                                    
     requiring  law  enforcement   agencies  to  transmit  a                                                                    
     missing person's report  for a person under  the age of                                                                    
     21 to the Alaska  Public Safety Information Network and                                                                    
     the  National  Crime  Information  Center  as  soon  as                                                                    
     practicable,  but  not  later   than  two  hours  after                                                                    
     completing the  report. If the  person is  later found,                                                                    
     the  agency shall  remove that  information from  those                                                                    
     databases as  soon as practicable,  but not  later than                                                                    
     24 hours after learning the person has been located.                                                                       
     •  Section  3:  Contains   conforming  language  to  AS                                                                    
     47.10.141,  runaway   and  missing  children,   to  the                                                                    
     changes  made in  section 2.  All reporting  procedures                                                                    
     for persons under the age of 21 are moved to AS 18.65,                                                                     
     as amended in section 2 of the bill.                                                                                       
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA   asked  about   the  current   process  of                                                               
establishing  that someone  is a  missing  person, including  how                                                               
persons  of different  ages are  treated, and  how long  it would                                                               
take to consider a person to be missing.                                                                                        
                                                                                                                                
MS.  MONFREDA deferred  the question  to  invited testifier  Paul                                                               
Fussey.                                                                                                                         
                                                                                                                                
4:07:59 PM                                                                                                                    
                                                                                                                                
PAUL FUSSEY, Lieutenant, Alaska  State Troopers (AST), Department                                                               
of Public  Safety, responded to Representative  Kurka's question.                                                               
He explained that  if someone reports a missing  person, there is                                                               
no time limit or time frame  the reporter must abide by; a person                                                               
can be considered missing after any period of time.                                                                             
                                                                                                                                
REPRESENTATIVE KURKA asked  at what point the  officer taking the                                                               
information would take  action and begin searching  for a missing                                                               
person.                                                                                                                         
                                                                                                                                
MR. FUSSEY replied that the officer  would take action as soon as                                                               
the  officer takes  the report.   The  officer would  immediately                                                               
start looking into the location of the missing person.                                                                          
                                                                                                                                
REPRESENTATIVE  KURKA  asked whether  the  process  would be  any                                                               
different if the missing person were a minor or an adult.                                                                       
                                                                                                                                
MR. FUSSEY responded that age is not a differentiating factor.                                                                  
                                                                                                                                
4:09:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ asked  about  the  proposed removal  of                                                               
reference to AS 47.10.141, which  she said refers to runaways and                                                               
missing minors.   She asked him for a description  of the thought                                                               
process behind that decision.                                                                                                   
                                                                                                                                
MS. MONFREDA  responded that  it would be  removed from  AS 47.10                                                               
because it would be covered under  AS 18.65, which she said would                                                               
prevent conflicting information.                                                                                                
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ   asked  for  clarification   that  the                                                               
reasoning behind the decision is  to ensure that the two sections                                                               
of law would not be conflicting.                                                                                                
                                                                                                                                
MS.  MONFREDA replied  that AS  47.10.141  requires that  missing                                                               
minors  be reported  to state  and national  databases within  24                                                               
hours of  the missing  person report being  completed.   She said                                                               
that AS. 18.65  would now contain that information  and cover the                                                               
current reporting  of missing persons, consolidating  it into one                                                               
statute, and change the time frame to two hours.                                                                                
                                                                                                                                
REPRESENTATIVE   SPOHNHOLZ    asked   for    clarification   that                                                               
AS.47.10.141 is  being copied over to  AS 18.65.  She  noted that                                                               
AS 47.10.141  is several pages long.   She said she  wonders what                                                               
else might be missing.                                                                                                          
                                                                                                                                
MS. MONFREDA responded that the  only thing that is being removed                                                               
is the reference to the  24-hour reporting period, but everything                                                               
else would stay the same.                                                                                                       
                                                                                                                                
4:12:10 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:12 p.m. to 4:14 p.m.                                                                       
                                                                                                                                
4:14:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY asked  Ms. Monfreda  about the  reasoning                                                               
behind the omission of AS  47.10.141, and whether that content is                                                               
necessary.                                                                                                                      
                                                                                                                                
MS. MONFREDA answered  that the only thing that  would be changed                                                               
is  [subsection]  (a) [of  AS  47.10.141];  the other  paragraphs                                                               
would remain  the same.   It would  remove that reference  to the                                                               
24-hour time  frame for searching  for a missing person,  and the                                                               
reporting to the  Alaska Public Safety Information  number.  That                                                               
information would simply be moved from AS 47.10 to AS 18.65.                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  asked for confirmation that  the language                                                               
in AS. 47.10  would not be removed.  He  shared his understanding                                                               
that the  time frame  of reporting remains  necessary but  is not                                                               
necessary in resolving the issue in HB 106.                                                                                     
                                                                                                                                
MS. MONFREDA confirmed that that is correct.                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY asked,  regarding the  National Database,                                                               
whether there would  be a need for computer systems  to allow law                                                               
enforcement to access the database.                                                                                             
                                                                                                                                
MS.  MONFREDA responded  that  law  enforcement agencies  already                                                               
have  the  capabilities  to  access  the  systems  and  make  the                                                               
necessary entries.                                                                                                              
                                                                                                                                
4:17:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  asked whether  there's an estimate  for the                                                               
percentage  of  cases in  Alaska  that  already comply  with  the                                                               
federal guideline.                                                                                                              
                                                                                                                                
MS. MONFREDA  answered that  she does  not have  that information                                                               
because it  is not  tracked or  audited by  her department.   She                                                               
said that the agencies would  need to develop tracking mechanisms                                                               
to  show that  cases  are being  entered in  a  timely manner  in                                                               
compliance with the law.                                                                                                        
                                                                                                                                
4:18:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY opened  public  testimony on  HB  106.   After                                                               
ascertaining that  there was  no one who  wished to  testify, she                                                               
closed public testimony.                                                                                                        
                                                                                                                                
CO-CHAIR ZULKOSKY announced that HB 106 was held over.