Legislature(2023 - 2024)DAVIS 106

03/19/2024 03:00 PM House HEALTH & SOCIAL SERVICES

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Audio Topic
03:09:58 PM Start
03:12:03 PM Confirmation Hearing(s):|| State Medical Board
03:27:03 PM HB275
03:58:34 PM HCR9
04:42:23 PM HB361
04:54:14 PM HB346
05:23:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: State TELECONFERENCED
Medical Board - David Wilson
-- Public Testimony --
+= HB 275 SEXUAL ASSAULT EXAMINATION KITS/TRACKING TELECONFERENCED
Moved CSHB 275(HSS) Out of Committee
*+ HCR 9 MENTAL HEALTH/SUBSTANCE ASSISTANCE PARITY TELECONFERENCED
Moved HCR 9 Out of Committee
-- Invited & Public Testimony --
*+ HB 361 BENEFIT REQS: MENTAL HLTH & SUBST ABUSE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ HB 346 GRANTS TO DISASTER VICTIMS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB 275-SEXUAL ASSAULT EXAMINATION KITS/TRACKING                                                                     
                                                                                                                                
3:27:03 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX  announced that  the next order  of business  would be                                                               
HOUSE  BILL  NO.   275,  "An  Act  relating   to  sexual  assault                                                               
examination  kits; establishing  the  sexual assault  examination                                                               
kit tracking system; and providing for an effective date."                                                                      
                                                                                                                                
3:27:51 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX handed the gavel to Vice-Chair Ruffridge.                                                                            
                                                                                                                                
VICE  CHAIR RUFFRIDGE  announced  the  committee would  entertain                                                               
amendments.    [Amendments 1-4  were  included  in the  committee                                                               
packet but never offered.]                                                                                                      
                                                                                                                                
3:28:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  moved  to  adopt Amendment  5  to  HB  275,                                                               
labeled  33-GH2317\A.5,  C.  Radford,   3/15/24,  which  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section 1. AS 12.61.010(a) is amended to read:                                                                   
          (a)  Victims of crimes have the following rights:                                                                     
               (1)  the right to be present during any                                                                          
     proceeding in                                                                                                              
               (A)  the prosecution and sentencing of a                                                                         
     defendant  if  the  defendant  has   the  right  to  be                                                                    
     present, including being  present during testimony even                                                                    
     if the victim is likely to be called as a witness;                                                                         
               (B)  the adjudication of a minor as provided                                                                     
     under AS 47.12.110;                                                                                                        
               (2)  the right to be notified by the                                                                             
     appropriate law  enforcement agency or  the prosecuting                                                                    
     attorney  of any  request for  a  continuance that  may                                                                    
     substantially delay the prosecution  and of the date of                                                                    
     trial,  sentencing,  including  a proceeding  before  a                                                                    
     three-judge  panel under  AS 12.55.175, an  appeal, and                                                                    
     any  hearing  in  which the  defendant's  release  from                                                                    
     custody is considered;                                                                                                     
               (3)  the right to be notified that a                                                                             
     sentencing hearing  or a court proceeding  to which the                                                                    
     victim   has  been   subpoenaed  will   not  occur   as                                                                    
     scheduled;                                                                                                                 
               (4)  the right to receive protection from                                                                        
     harm  and threats  of harm  arising out  of cooperation                                                                    
     with law enforcement and prosecution  efforts and to be                                                                    
     provided   with  information   as  to   the  protection                                                                    
     available;                                                                                                                 
               (5)    the  right   to  be  notified  of  the                                                                    
     procedure to be  followed to apply for  and receive any                                                                    
     compensation under AS 18.67;                                                                                               
               (6)  at  the request of the  prosecution or a                                                                    
     law  enforcement agency,  the right  to cooperate  with                                                                    
     the criminal  justice process without  loss of  pay and                                                                    
     other  employee   benefits  except  as   authorized  by                                                                    
     AS 12.61.017 and  without interference  in any  form by                                                                    
     the employer of the victim of crime;                                                                                       
               (7)  the right to  obtain access to immediate                                                                    
     medical  assistance  and  not  to be  detained  for  an                                                                    
     unreasonable  length  of  time  by  a  law  enforcement                                                                    
     agency before  having medical  assistance administered;                                                                    
     however,  an employee  of  the  law enforcement  agency                                                                    
     may, if  necessary, accompany the  person to  a medical                                                                    
     facility  to question  the  person  about the  criminal                                                                    
     incident  if  the  questioning   does  not  hinder  the                                                                    
     administration of medical assistance;                                                                                      
               (8)   the  right to  make a  written or  oral                                                                    
     statement  for use  in preparation  of the  presentence                                                                    
     report of a felony defendant;                                                                                              
               (9)   the right  to appear personally  at the                                                                    
     defendant's  sentencing hearing  to  present a  written                                                                    
     statement  and to  give sworn  testimony or  an unsworn                                                                    
     oral presentation;                                                                                                         
               (10)    the  right  to  be  informed  by  the                                                                    
     prosecuting   attorney,   at   any   time   after   the                                                                    
     defendant's  conviction, about  the complete  record of                                                                    
     the defendant's convictions;                                                                                               
               (11)  the right  to notice under AS 12.47.095                                                                    
     concerning  the  status  of  the  defendant  found  not                                                                    
     guilty by reason of insanity;                                                                                              
               (12)  the right  to notice under AS 33.16.087                                                                    
     of a  hearing concerning special medical  parole of the                                                                    
     defendant;                                                                                                                 
               (13)  the right  to notice under AS 33.16.120                                                                    
     of  a  hearing  to  consider  or  review  discretionary                                                                    
     parole of the defendant;                                                                                                   
               (14)  the right  to notice under AS 33.30.013                                                                    
     of the release or escape of the defendant; [AND]                                                                           
               (15)  the right to  be notified orally and in                                                                    
     writing of and receive  information about the office of                                                                    
     victims'  rights  from   the  law  enforcement  officer                                                                    
     initially   investigating  the   crime  and   from  the                                                                    
     prosecuting  attorney assigned  to  the  offense; at  a                                                                    
     minimum,  the  information  provided must  include  the                                                                    
     address, telephone number, and  Internet address of the                                                                    
     office of victims' rights; this paragraph                                                                                  
               (A)  applies only to victims of felonies and                                                                     
     to  victims of  class  A misdemeanors  if  the class  A                                                                    
     misdemeanor is  a crime involving domestic  violence or                                                                    
     a crime against a person  under AS 11.41; if the victim                                                                    
     is an unemancipated minor,  the law enforcement officer                                                                    
     and  the prosecuting  attorney shall  also provide  the                                                                    
     notice  required by  this paragraph  to  the parent  or                                                                    
     guardian of the minor;                                                                                                     
               (B)  is satisfied if, at the time of initial                                                                     
     contact  with  the   crime  victim,  the  investigating                                                                    
     officer and  prosecuting attorney each give  each crime                                                                    
     victim a  brochure or  other written  material prepared                                                                    
     by the  office of victims'  rights and provided  to law                                                                    
     enforcement agencies for that purpose; and                                                                             
               (16)  the right to be notified of the                                                                        
     location  and   testing  date   of  a   sexual  assault                                                                
     examination kit collected from the victim."                                                                            
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 27:                                                                                                           
          Delete "Section 7"                                                                                                    
     Insert "Section 8"                                                                                                         
                                                                                                                                
VICE CHAIR RUFFRIDGE objected for the purpose of discussion.                                                                    
                                                                                                                                
REPRESENTATIVE PRAX explained that Amendment 5 would give a                                                                     
sexual assault victim the right to be notified of the location                                                                  
and testing date of their sexual assault examination kit.                                                                       
                                                                                                                                
3:28:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked whether any organizations had given                                                                 
background or guidance in the creation of Amendment 5.                                                                          
                                                                                                                                
REPRESENTATIVE PRAX directed his answer to Lisa Purinton of the                                                                 
Alaska Department of Public Safety.                                                                                             
                                                                                                                                
3:29:04 PM                                                                                                                    
                                                                                                                                
LISA PURINTON,  Legislative Liaison, Department of  Public Safety                                                               
(DPS), explained  that the proposed  Amendment was  created while                                                               
working with the  Alaska Network on Domestic  Violence and Sexual                                                               
Assault (ANDVSA).                                                                                                               
                                                                                                                                
REPRESENTATIVE   SADDLER   asked   whether  Amendment   5   would                                                               
effectively duplicate language  on page 3, lines 12-15  of HB 275                                                               
and create any conflict in the bill language.                                                                                   
                                                                                                                                
MS.  PURINTON  replied that  Amendment  5  would codify  victims'                                                               
rights  in statute  and explained  that DPS  doesn't foresee  any                                                               
conflicts arising due to the proposed amendment's language.                                                                     
                                                                                                                                
3:32:51 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE asked whether  a victim was already entitled                                                               
to  be  notified of  the  time  and  location that  their  sexual                                                               
assault examination kits would be tested.                                                                                       
                                                                                                                                
MS. PURINTON explained  that a victim would  be given information                                                               
into their case upon the beginning of the investigation.                                                                        
                                                                                                                                
VICE CHAIR RUFFRIDGE asked whether  people aren't currently being                                                               
notified of their sexual assault  examination kit's test time and                                                               
locations.                                                                                                                      
                                                                                                                                
MS. PURINTON referred the question to David Kanaris of DPS.                                                                     
                                                                                                                                
3:35:40 PM                                                                                                                    
                                                                                                                                
DAVID  KANARIS,  Forensic  Laboratories,  Division  of  Statewide                                                               
Services, Department of Public Safety,  responded that he doesn't                                                               
have  a comprehensive  list of  that which  a victim  is notified                                                               
upon the beginning  of the investigation of  their sexual assault                                                               
examination  kit and  said that  the  responsibility lies  mainly                                                               
upon the medical provider.                                                                                                      
                                                                                                                                
VICE  CHAIR RUFFRIDGE  removed  his objection.    There being  no                                                               
further objection, Amendment 5 to HB 275 was adopted.                                                                           
                                                                                                                                
[Vice Chair Ruffridge handed the gavel back to Chair Prax.]                                                                     
                                                                                                                                
3:37:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  about  the  practicality  of  the                                                               
timeline of  seven days to  return a  report on a  sexual assault                                                               
examination kit.                                                                                                                
                                                                                                                                
3:38:47 PM                                                                                                                    
                                                                                                                                
MS. PURINTON answered  that DPS would not be opposed  to a change                                                               
in the timeline.                                                                                                                
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether 14  days would be  a better                                                               
timeline for  the investigation of  a sexual  assault examination                                                               
kit.                                                                                                                            
                                                                                                                                
MS. PURINTON  explained that a  14-day timeline would  restart at                                                               
each stage of the investigation,  so a longer timeline would have                                                               
a cascading effect on the entire investigation process.                                                                         
                                                                                                                                
3:41:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA asked whether DPS  has an idea of the average                                                               
amount  of time  it  takes for  a nurse  to  test sexual  assault                                                               
examination kits.                                                                                                               
                                                                                                                                
MS. PURINTON answered  that 6.8 days is the  current average time                                                               
it takes to perform testing on a sexual assault examination kit.                                                                
                                                                                                                                
REPRESENTATIVE MINA asked whether there  is any difference in the                                                               
timeline for a rural case versus an urban case.                                                                                 
                                                                                                                                
MS. PURINTON deferred to Mr. Kanaris.                                                                                           
                                                                                                                                
3:43:28 PM                                                                                                                    
                                                                                                                                
MR.  KANARIS  replied  that  there   has  been  no  data  on  the                                                               
difference  between rural  and urban  sexual assault  examination                                                               
kit test times aggregated within the last six months.                                                                           
                                                                                                                                
3:44:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER moved Conceptual  Amendment [6] to HB 275,                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 1, line 9:                                                                                                            
          Delete "Seven"                                                                                                        
          Insert "Fourteen"                                                                                                     
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected.                                                                                              
                                                                                                                                
REPRESENTATIVE  SADDLER  explained  that  he  offered  Conceptual                                                               
Amendment [6]  to HB  275 because he  doesn't want  to overburden                                                               
the  investigation  system and  said  that  he had  heard  enough                                                               
evidence to  prove the  need for  the change  in the  timeline of                                                               
sexual assault examination kit testing.                                                                                         
                                                                                                                                
3:45:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE  commented   that  the   current  bill                                                               
language contains  no penalties  for taking  any longer  than the                                                               
current  seven-day  timeline  that  is codified  in  statute  and                                                               
further  opined that  the  witness letter  he  is referencing  is                                                               
aspiring for a shorter timeline, not a longer one.                                                                              
                                                                                                                                
3:47:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS said  that  the DPS  should  aim for  best                                                               
standard  achievable and  shared  his  support of  Representative                                                               
Ruffridge's position on Conceptual Amendment [6] to HB 275.                                                                     
                                                                                                                                
3:49:22 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:49 p.m. to 3:50 p.m.                                                                       
                                                                                                                                
3:50:25 PM                                                                                                                    
                                                                                                                                
MS. PURINTON clarified how medical  timelines would work and said                                                               
that a 10-day timeline would be better than a 14-day timeline.                                                                  
                                                                                                                                
3:51:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  moved to adopt Conceptual  Amendment 1 to                                                               
Conceptual  Amendment [6]  to  HB 275,  to  change "Fourteen"  to                                                               
"Ten".                                                                                                                          
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected.                                                                                              
                                                                                                                                
A roll  call vote  was taken.   Representatives Mina  and Saddler                                                               
voted in favor of Conceptual  Amendment 1 to Conceptual Amendment                                                               
[6]  to HB  275.   Representatives  Fields,  Ruffridge, and  Prax                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Conceptual Amendment [6] to HB 275 failed by a vote of 2-3.                                                                     
                                                                                                                                
CHAIR  PRAX  offered his  understanding  that  the committee,  in                                                               
failing to  adopt Conceptual Amendment 1  to Conceptual Amendment                                                               
[6] now had HB 275, as amended,  before it.  [The motion to adopt                                                               
Conceptual Amendment  [6] was  not addressed  further; Conceptual                                                               
Amendment [6] was treated as not adopted.]                                                                                      
                                                                                                                                
3:54:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE moved to report  HB 275, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal  notes.  There  being no objection,  CSHB 275                                                               
(HSS) was  reported out of  the House Health and  Social Services                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
David Wilson Medical Board App_Redacted.pdf HHSS 3/19/2024 3:00:00 PM
Governor's Appointee
David Wilson Medical Board Resume_Redacted.pdf HHSS 3/19/2024 3:00:00 PM
Governor's Appointee
HCR 9 Ver A.pdf HHSS 3/19/2024 3:00:00 PM
HCR 9
HB 361 Version A.pdf HHSS 3/19/2024 3:00:00 PM
HB 361
HB 346 Article APM 3.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 346 Sectional Analysis.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 346 Sponsor Statement.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 346 Support Doc APM 2.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 346 Support Doc. Article APM 1.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 346 Version A.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HB 361 Sectional Analysis.pdf HHSS 3/19/2024 3:00:00 PM
HB 361
HB 361 Sponsor Statement.pdf HHSS 3/19/2024 3:00:00 PM
HB 361
HCR 9 Sponsor Statement.pdf HHSS 3/19/2024 3:00:00 PM
HCR 9
HB 275 Amendment A.5 #5.pdf HHSS 3/19/2024 3:00:00 PM
HB 275
HB 361 Fiscal Note DOH-MS.pdf HHSS 3/19/2024 3:00:00 PM
HB 361
HB 346 Fiscal Note MVA-DHSEM.pdf HHSS 3/19/2024 3:00:00 PM
HB 346
HCR 9 AMHB.ABADA Support.pdf HHSS 3/19/2024 3:00:00 PM
HCR 9
HCR 9 Parity Presentation .pdf HHSS 3/19/2024 3:00:00 PM
HCR 9
HB 275 Forensic Nurse Testimony.pdf HHSS 3/19/2024 3:00:00 PM
HB 275
HB 361 Presentation v.2.pdf HHSS 3/19/2024 3:00:00 PM
HB 361
HB 275 (H)HSS DPS Follow-Up 3.13.24.pdf HHSS 3/19/2024 3:00:00 PM
HB 275