Legislature(2023 - 2024)DAVIS 106
02/24/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB264 | |
| HB196 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 275 | TELECONFERENCED | |
| += | HB 264 | TELECONFERENCED | |
| += | HB 196 | TELECONFERENCED | |
HB 264-CHILD TRAFFICKING SCREENING
3:46:00 PM
CHAIR PRAX announced that the next order of business would be
HOUSE BILL NO. 264, "An Act requiring the Department of Family
and Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors for
victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; requiring the Department of
Family and Community Services to screen children in need of aid
for victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; and relating to the duty of the
Department of Family and Community Services to investigate the
experiences of missing children in need of aid who have been
located."
3:46:52 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor, described HB 264 as an act that would require the
Department of Family and Community Services to adopt a screening
tool for the purposes of screening children for sexual
exploitation.
3:47:38 PM
CHAIR PRAX reopened public testimony on HB 264 [previously
closed on 2/8/24].
DELAYNA WEST, representing self, testified in support of HB 264.
3:49:05 PM
KAT MCELROY had her testimony read by Terra Burns. Ms. Burns
read that Ms. McElroy has served on the Nenana City Assembly
since 2008, has greatgrandchildren, and is a registered voter in
Alaska. Ms. McElroy worked for 3 decades as an addictions
counselor for vulnerable populations and learned that asking the
wrong questions can illicit "bad information." Ms. McElroy
wrote that HB 264 "would do exactly that" and requested the
committee vote no on HB 264, as written, and support Amendment
5.
3:50:09 PM
TERRA BURNS, representing self, explained that HB 264, as
written, would result in false and misleading definitions
leading to false statistics. She encouraged the committee to
[adopt] Amendment 5.
3:51:38 PM
The committee took an at-ease from 3:51 to 3:52 p.m.
3:52:03 PM
TATIANA ROTHCHILD, Volunteer, Community United for Safety &
Protection, explained that she was a PhD candidate in Political
Science at Northeastern University and a volunteer researcher
with Community United for Safety & Protection. She has worked
in the anti-trafficking movement for over a decade and her
research explores how different institutional structures engage
in anti-human-trafficking work. She specifically examined how
different definitions have been used by different organizations.
She shared that her support of Amendment 5 comes from seeing
negative results of misleading definitions which criminalize
minors who are victims.
3:55:15 PM
AMBER NICKERSON, representing self, Community United for Safety
& Protection, spoke in support of Amendment 5 to HB 264. She
described her personal experience and reviewed the result of
poor definitions in previous bills, resulting in victims being
treated as criminals. In its current form, she warned, HB 264
is part of a "foster care to prison pipeline," but Amendment 5
would add the criminal definition of sex trafficking and
prostitution of minors.
3:58:16 PM
BRENDA EDENS, representing self, spoke in support of HB 264.
3:59:18 PM
MAXINE DOOGAN, President, Community United for Safety &
Protection, testified in opposition to [HB 264] in its current
form because the definitions would lead to bad public policy.
The organization she represents supports the definitions
proposed in Amendment 5.
4:01:17 PM
CHAIR PRAX, after ascertaining no one else wished to testify,
closed public testimony on HB 264.
4:01:24 PM
The committee took an at-ease from 4:01 to 4:06 p.m.
4:06:36 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 1 to HB 264,
labeled 33-LS1126\S.4, Bergerud, 2/15/24, which read as follows:
Page 1, lines 1 - 2:
Delete "adopt a uniform screening tool"
Insert "develop a shared screening methodology"
Page 2, lines 5 - 6:
Delete "uniform screening tool adopted under"
Insert "screening methods developed in"
Page 2, lines 17 - 23:
Delete all material and insert:
"(u) The department shall work with agency
partners and advocacy organizations to develop a
shared screening methodology to appropriately identify
whether a child is a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation. The
methods shall support the trafficking information-
gathering efforts in the state. The department shall
screen a child committed to the department upon the
child's initial commitment to the department and when
the department receives information indicating that
the child may be a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation."
Page 2, following line 31:
Insert a new bill section to read:
"* Sec. 5. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION. The Department of Family and Community
Services shall develop and begin using the shared
screening methodology required by sec. 4 of this Act
not later than one year after the date this Act takes
effect."
CHAIR PRAX objected for the purpose of discussion.
REPRESENTATIVE SADDLER clarified that the amendment eases the
requirement and asks to develop as opposed to adopting a uniform
screening tool. He said the Department of Family and Community
Services and the Division of Juvenile Justice hope that this
will improve things.
4:07:43 PM
REPRESENTATIVE VANCE explained that this amendment was brought
forward by the department in order to work with what it believes
is achievable and create the best method to partner with
organizations in the state to develop a screening methodology.
4:08:14 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, stated that the
Amendment 1 does not change the original intent of HB 264 much;
it adds an implementation deadline and changes the language to
provide more flexibility. There would be some uniformity in the
information, but there would be slight variations in the
screening tool.
4:09:12 PM
SHANNON DILLEY, Director, Division of Juvenile Justice,
Department of Family and Community Services, explained that the
division supports Amendment 1 to HB 264. The division has been
conducting screening tools about trafficking since 2018. The
tools are effective in collecting data, and this amendment
supports the continuation of those tools.
4:09:49 PM
KIM GUAY, Director, Office of Children's Services (OCS),
Department of Family and Community Services, spoke in support of
Amendment 1 to HB 264. She explained that OCS also has its own
screening tool that its uses. While all tools could be updated,
different organizations use tools that best fit the groups they
work with, so while there needs to be a methodology about what
data is collected, the tool does not necessarily need to be
uniform.
4:10:45 PM
CHAIR PRAX removed his objection to the motion to adopt
Amendment 1. There being no further objection, Amendment 1 was
adopted.
4:11:08 PM
REPRESENTATIVE MINA, in response to Chair Prax, said that she
would not be moving Amendment 2 [in committee packet].
4:11:19 PM
REPRESENTATIVE SADDLER moved to adopt Amendment 3 to HB 264,
labeled 33LS1126\S.1, Bergerud, 2/5/24, which read as follows:
Page 1, line 1, following "Act":
Insert "extending the termination date of the
board of massage therapists;"
Page 1, following line 9:
Insert a new bill section to read:
"* Section 1. AS 08.03.010(c)(12) is amended to
read:
(12) Board of Massage Therapists
(AS 08.61.010) - June 30, 2030 [2024];"
Page 1, line 10:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE PRAX objected for the purpose of discussion.
REPRESENTATIVE SADDLER commented that the legislative process
allows for adding anything to a bill; this would change the
title. He did not support turning this bill into a "two headed
creature." The bill is thorough and addresses sex trafficking
and would create a good screening tool.
4:12:11 PM
CHAIR PRAX maintained his objection.
A roll call vote was taken. No representatives voted in favor
of Amendment 3. Representatives McCormick, Ruffridge, Saddler,
Sumner, Mina, and Prax voted against it. Representative Fields
was absent. Therefore, Amendment 3 to HB 264 failed by a vote
of 0-6.
4:13:13 PM
The committee took a brief at-ease at 4:13 p.m.
4:13:48 PM
CHAIR PRAX called on Representative Mina to present Amendment 5.
[Amendment 4, in the committee packet, was not offered.]
REPRESENTATIVE MINA moved to adopt Amendment 5 to HB 264,
labeled 33-LS1126|S.6, Bergerud, 2/20/24, which read as follows:
Page 1, lines 3 - 4:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 1, line 6:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, lines 1 - 3:
Delete all material and insert:
"(2) "prostitution" means engaging in
sexual conduct in return for a fee;
(3) "sex trafficking" means engaging in
sexual conduct for the financial benefit of another;
(4) "sexual conduct" has the meaning given
in AS 11.66.150."
Page 2, line 7:
Delete ", or at risk of becoming a victim,"
Page 2, line 8:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 11:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 12:
Delete "a new paragraph"
Insert "new paragraphs"
Page 2, lines 13 - 15:
Delete all material and insert:
"(4) "prostitution" means engaging in
sexual conduct in return for a fee;
(5) "sex trafficking" means engaging in
sexual conduct for the financial benefit of another;
(6) "sexual conduct" has the meaning given
in AS 11.66.150."
Page 2, lines 18 - 19:
Delete ", or at risk of becoming a victim,"
Page 2, line 19:
Delete "commercial sexual exploitation."
Insert "prostitution. The tool must screen for
sexual abuse, sex trafficking, and prostitution as
distinct categories, and the department must maintain
the distinct categories when aggregating or reporting
data gathered using the tool."
Page 2, line 23:
Delete "commercial sexual exploitation"
Insert "prostitution"
Page 2, line 31:
Delete "commercial sexual exploitation"
Insert "prostitution"
REPRESENTATIVE SADDLER objected.
REPRESENTATIVE MINA explained that Amendment 5 changes the bill
in terms of the type of data and definitions the uniform
screening tool would use. She expressed appreciation that the
stakeholders are coming together to work on the screening tool
and standardize the system for foster children and runaway
children. She expressed concern about the language regarding
commercial sexual exploitation. This amendment focuses the
uniform screening tool on prostitution, sex trafficking, and
sexual conduct. Representative Mina posited that there is merit
to understanding data when screening youth that are in
vulnerable positions and emphasized the worth in having
discussions on definitions. She clarified that Amendment 5
refers to definitions that are currently in state statute, but
the term "commercial sexual exploitation" is a new definition.
4:15:58 PM
REPRESENTATIVE VANCE responded that extensive work had been done
on these definitions. The legislature is currently updating the
criminal definitions around sex trafficking, sex conduct, and
commercial sexual exploitation. Amendment 5 would undermine the
purpose of having a screening of children for sexual
exploitation. The purpose is to catch children before in that
place of vulnerability before it turns into further exploitation
where children are prostituting themselves as spoken of by the
testifiers. The hope is that children who come into contact
with the state can be caught at the earliest moment of sexual
violence or exploitation. The current statutory definition of
commercial exploitation, which aligns with other legislation
being updated in partnership with the Department of Law, is sex
abuse or sexual exploitation for the financial benefit of any
person or in exchange for anything of value given or received by
any person. Representative Vance emphasized the latter part of
the definition. She further emphasized that the sooner the
state is able to find out if a child is being exploited or using
"survival sex" in exchange for food and shelter, the sooner it
can help that child. Amendment 5 would change that to
"prostitution." Children cannot consent to prostitution, and
that needs to be highlighted in this conversation. Prostitution
is an illegal adult activity. Children cannot consent, and
anything that says otherwise is dangerous. She stated that
definitions and language matter greatly, and she expressed her
hope that the definitions of commercial sexual exploitation and
sexual activity would be updated in law.
4:19:21 PM
CHAIR PRAX reiterated the concern of some public testimony
regarding a federal definition and questioned whether the term
"prostitution" is what is used in the federal definition.
MR. BALLINGER explained that in the state they are, but that is
part of the problem. The bill was initially set up to screen
children who are victims, but if you are screening them to see
whether they were engaged in prostitution, that is a crime which
creates a problem in that these are children and you are
interviewing children, minors, whether or not they were engaged
in criminal activity. So, I guess you would have to give
Miranda, contact their parents, etc. It thwarts the purpose.
The purpose is not to find out if they are criminals engaged in
this activity or whether they may be victims. That is part of
the problem of using a criminal definition. The definitions
that are used here, this new definition, only apply to these
code sections. That definition would not be used in criminal
law. It is only used to identify the child victims in this
case.
CHAIR PRAX reiterated that the definition only applied to
children because they were underage and unable to consent.
MR. BALLINGER agreed.
4:21:41 PM
MS. GUAY explained that the department opposes the language in
Amendment 5. Children should be looked at as victims in these
situations. Prostitution is an illegal act. Children should be
looked at as victims in these situations. There is shame and
blame that comes with the language of prostitution, sex
trafficking, and sexual conduct. The language of sexual
exploitation incorporates pornography and video pornography
where children are controlled and do not have the right to say
no because of survival.
CHAIR PRAX brought up the concern raised by one of the
testifiers that collecting DNA could be used against them in the
future.
MS. GUAY explained that this refers to collection of data and
they would not be collecting DNA.
4:24:36 PM
REPRESENTATIVE MCCORMICK referred to one testifier's comment
that, as currently written, the bill creates foster care to
prison pipeline and asked for a response to that concern.
MS. DILLEY responded that the bill does not do that in her
opinion but rather connects victimized children to services that
will help them.
4:25:59 PM
REPRESENTATIVE MINA explained her reasoning regarding creating
more specificity in the definitions, specifically regarding
commercial sexual exploitation.
4:27:07 PM
REPRESENTATIVE MCCORMICK asked Representative Vance to respond
to the foster care to pipeline concern.
REPRESENTATIVE VANCE responded that nationwide sixty percent of
trafficking victims have gone through the foster care system.
It is believed that in Alaska up to eighty percent of
trafficking victims have been through foster care. The earlier
the screening, the sooner the intervention. This bill and
further screening will help prevent a pipeline of exploitation
of kids in our foster care system. For example, the Covenant
House screening tool identified 27 more victims that would have
otherwise been missed, allowing the youth to get the support
they would need to avoid future exploitation and harm. In
addition to helping children who have been victims, it is also
important to be proactive in preventing the exploitation of
youth.
4:30:31 PM
CHAIR PRAX asked whether Representative Saddler maintains his
objection.
REPRESENTATIVE SADDLER replied in the affirmative.
4:30:34 PM
A roll call vote was taken. Representatives Mina and McCormick
voted in favor of Amendment 5 of HB 264. Representatives
Ruffridge, Saddler, Sumner, and Chair Prax voted against it.
Representative Fields was absent. Therefore, Amendment 5 failed
by a vote of 2 - 4.
4:31:55 PM
The committee took an at-ease from 4:31 to 4:32 p.m.
4:32:06 PM
REPRESENTATIVE SADDLER moved to report HB 264, as amended, out
of committee, with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
264(HSS) was reported out of the House Health and Social
Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 275 Amendment A.3 #3.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Amendment A.4 #4.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 ANDVSA Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Joyful Heart Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Support from Alaska Group.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 Community United Opposition.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 275 LOS Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 196 Fiscal Note DOH-PAFS Revised.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 196 Fiscal Note DOH-QC Revised.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 196 White Mountain Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 196 |
| HB 275 K Botz Support.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 275 |
| HB 264 T Rothchild Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |
| HB 264 A Nickerson Testimony.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |
| HB 264 - Study on Human Trafficking Screening Tool.pdf |
HHSS 2/24/2024 3:00:00 PM |
HB 264 |