Legislature(2023 - 2024)GRUENBERG 120
04/21/2023 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 68 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 11 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 21, 2023
1:17 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative David Eastman
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Jamie Allard, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 68
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to prostitution; relating to
sentencing for sex trafficking, patron of a victim of sex
trafficking, and human trafficking; establishing the process for
vacating judgments for certain convictions of prostitution and
misconduct involving a controlled substance; relating to the
Council on Domestic Violence and Sexual Assault; relating to
permanent fund dividends for certain individuals whose
convictions are vacated; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 68
SHORT TITLE: CRIME OF SEX/HUMAN TRAFFICKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/08/23 (H) READ THE FIRST TIME - REFERRALS
02/08/23 (H) JUD, FIN
03/10/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/10/23 (H) Heard & Held
03/10/23 (H) MINUTE(JUD)
03/20/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/20/23 (H) Heard & Held
03/20/23 (H) MINUTE(JUD)
03/22/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/22/23 (H) -- MEETING CANCELED --
03/24/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/24/23 (H) Heard & Held
03/24/23 (H) MINUTE(JUD)
03/27/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/23 (H) Scheduled but Not Heard
03/31/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/31/23 (H) Scheduled but Not Heard
04/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
04/03/23 (H) -- MEETING CANCELED --
04/12/23 (H) JUD AT 1:00 PM GRUENBERG 120
04/12/23 (H) Heard & Held
04/12/23 (H) MINUTE(JUD)
04/17/23 (H) JUD AT 1:00 PM GRUENBERG 120
04/17/23 (H) -- MEETING CANCELED --
04/19/23 (H) JUD AT 1:00 PM GRUENBERG 120
04/19/23 (H) Heard & Held
04/19/23 (H) MINUTE(JUD)
04/21/23 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
JAKE ALMEIDA, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on amendments to the
proposed CS for HB 68, Version S, on behalf of Representative
Vance.
ACTION NARRATIVE
1:17:47 PM
CHAIR SARAH VANCE called the House Judiciary Standing Committee
meeting to order at 1:17 p.m. Representatives Carpenter, C.
Johnson, Gray, Groh, and Vance were present at the call to
order. Representative Eastman arrived as the meeting was in
progress.
HB 68-CRIME OF SEX/HUMAN TRAFFICKING
1:18:24 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 68, "An Act relating to sex trafficking;
establishing the crime of patron of a victim of sex trafficking;
relating to the crime of human trafficking; relating to
prostitution; relating to sentencing for sex trafficking, patron
of a victim of sex trafficking, and human trafficking;
establishing the process for vacating judgments for certain
convictions of prostitution and misconduct involving a
controlled substance; relating to the Council on Domestic
Violence and Sexual Assault; relating to permanent fund
dividends for certain individuals whose convictions are vacated;
and providing for an effective date." [Before the committee,
adopted as the work draft on 04/12/23 and amended on 4/19/23,
was the proposed committee substitute (CS) for HB 68, Version
33-GH1029\S, Radford, 4/11/23, "Version S."]
1:19:23 PM
The committee took an at-ease from 1:19 p.m. to 2:25 p.m.
1:25:14 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 5 to Version
S, labeled 33-GH1029\S.10, Radford, 4/20/23, which read:
Page 1, line 6, following "certificate;":
Insert "relating to sex trafficking, human
trafficking, sexual abuse, and sexual assault
awareness and prevention education;"
Page 25, following line 4:
Insert new bill sections to read:
"* Sec. 36. AS 14.03.016(d)(2) is amended to read:
(2) "human reproduction or sexual matters"
does not include curricula or materials for
(A) sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention training required under AS 14.30.355; or
(B) dating violence and abuse awareness and
prevention training required under AS 14.30.356;
* Sec. 37. AS 14.20.020(k) is amended to read:
(k) Except as provided in AS 14.20.015, a person
is not eligible for a teacher certificate unless the
person has completed training regarding alcohol and
drug related disabilities required under AS 14.20.680,
training regarding sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention required under AS 14.30.355, training
regarding dating violence and abuse awareness and
prevention required under AS 14.30.356, and training
related to suicide prevention required under
AS 14.30.362."
Renumber the following bill sections accordingly.
Page 25, following line 11:
Insert new bill sections to read:
"* Sec. 39. AS 14.30.355(a) is amended to read:
(a) The governing body of each school district
shall adopt and implement a policy, establish a
training program for employees and students, and
provide [PARENT] notices relating to sex trafficking,
human trafficking, sexual abuse, and sexual assault
awareness and prevention for students enrolled in
grades kindergarten through 12.
* Sec. 40. AS 14.30.355(b) is amended to read:
(b) The policy and [,] training [, AND NOTICES]
adopted under this section must include
(1) an age-appropriate and trauma-informed
approach [INFORMATION];
(2) warning signs of sexual abuse of a
child, grooming, attempted sex trafficking, and
attempted human trafficking;
(3) referral and resource information;
(4) available student counseling and
educational support;
(5) information related to safe online
practices and warning signs of grooming and attempted
sex trafficking and human trafficking through
electronic means [METHODS FOR INCREASING TEACHER,
STUDENT, AND PARENT AWARENESS OF ISSUES REGARDING
SEXUAL ABUSE OF CHILDREN];
(6) actions that a child may take to
prevent and report sex trafficking, human trafficking,
sexual abuse or sexual assault; [AND]
(7) a scalable, repeatable program; and
(8) use of evidence-based best practices [A
PROCEDURE ALLOWING A STUDENT TO BE EXCUSED FROM
PARTICIPATING IN TRAINING OR FROM RECEIVING NOTICES
UNDER THIS SECTION AT THE WRITTEN REQUEST OF A PARENT
OR GUARDIAN OF THE STUDENT, OR OF THE STUDENT IF THE
STUDENT IS EMANCIPATED OR 18 YEARS OF AGE OR OLDER].
* Sec. 41. AS 14.30.355(d) is amended by adding new
paragraphs to read:
(3) "human trafficking" means a violation
of AS 11.41.360 - 11.41.366;
(4) "sex trafficking" means a violation of
AS 11.41.340 - 11.41.350.
* Sec. 42. AS 14.30.355 is amended by adding a new
subsection to read:
(e) A notice adopted under this section must
notify parents or guardians of a student, or a student
who is emancipated or 18 years of age or older, of
(1) a procedure allowing the student to be
excused from participating in the training or from
receiving subsequent notices of the training at the
written request of the parent or guardian of the
student, or, if the student is emancipated or 18 years
of age or older, at the request of the student; and
(2) an option to receive a summary of the
materials and information provided in the training if
the parent, guardian, or student requested that the
student be excused from participation or from
receiving notices of the training under (1) of this
subsection.
* Sec. 43. AS 14.30.361(d) is amended to read:
(d) The requirements under (a) of this section
do not apply to
(1) sex trafficking, human trafficking,
sexual abuse, and sexual assault awareness and
prevention training required under AS 14.30.355; or
(2) dating violence and abuse awareness and
prevention training required under AS 14.30.356."
Renumber the following bill sections accordingly.
Page 33, line 20:
Delete "sec. 36"
Insert "sec. 38"
Page 34, line 5:
Delete "sec. 47"
Insert "sec. 54"
Page 34, line 6:
Delete "47"
Insert "54"
Page 34, line 19:
Delete "sec. 38"
Insert "sec. 45"
Page 34, line 20:
Delete "sec. 40"
Insert "sec. 47"
Page 34, line 21:
Delete "sec. 41"
Insert "sec. 48"
Page 34, line 22:
Delete "sec. 42"
Insert "sec. 49"
Page 34, line 23:
Delete "sec. 43"
Insert "sec. 50"
Page 34, line 30:
Delete "47"
Insert "54"
Page 34, following line 30:
Insert a new bill section to read:
"* Sec. 68. Sections 36, 37, and 39 - 43 of this
Act take effect July 1, 2024."
Renumber the following bill section accordingly.
Page 34, line 31:
Delete "sec. 60"
Insert "secs. 67 and 68"
1:25:45 PM
REPRESENTATIVE GROH object for the purpose of discussion.
1:25:56 PM
JAKE ALMEIDA, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, described
Amendment 5 as an educational amendment by request of the chair.
He said the proposed amendment would add sex and human
trafficking to the curriculum on sexual abuse and sexual
awareness prevention training for K-12 education. He detailed
the additions to the curriculum on page 2 of Amendment 5, which
included a trauma-informed approach; warning signs of sexual
abuse of a child, grooming, attempted sex trafficking, and
attempted human trafficking; information related to safe online
practices and warning signs of grooming and attempted sex
trafficking and human trafficking through electronic means; a
scalable, repeatable program; and use of evidence-based best
practices.
1:28:16 PM
REPRESENTATIVE GRAY believe that Amendment 5 was a good idea;
however, he wanted to make sure that a discussion was had with
the Department of Education and Early Development (DEED), so
that school districts understood the additions to the
curriculum. Further, he inquired about the cost of implementing
the proposed amendment.
CHAIR VANCE said the "Speak Up" curriculum, which was
disseminated to the committee, was what she had in mind.
Currently, [Amendment 5] would not come with an additional
fiscal note, as a system for training was already in place.
Furthermore, a drafter confirmed that no additional class time
would be required. She noted that the effective date would
provide schools with one additional year after the passage of
the legislation to get caught up on the material. She added
that parents would be provided with an outline of the material
and an opportunity to opt-out.
1:30:14 PM
REPRESENTATIVE GRAY maintained his support for Amendment 5;
nonetheless, he expressed an interest in hearing from DEED in
regard to the department's support for the proposal.
CHAIR VANCE understood the request; however, she said [the
department's response] would be "another conversation."
REPRESENTATIVE GRAY opined that [Amendment 5] felt rushed. He
reiterated his support for the proposed amendment and suggested
drafting the measure as a new committee bill to allow for more
time to hear from stakeholders.
1:31:12 PM
REPRESENTATIVE GROH conveyed his understanding that the
requirements to teach the training in Section 43, subsection
(d)(1), were lower. He said he shared Representative Gray's
concerns, stating an interest in hearing from the experts on
such an important matter.
CHAIR VANCE noted that section 43 did not apply to the sex-
education curriculum.
REPRESENTATIVE GROH agreed.
1:32:46 PM
The committee took an at-ease from 1:32 p.m. to 1:54 p.m.
1:54:01 PM
CHAIR VANCE announced that the bill would be held over to
provide more time for the members to review the amendment and to
ensure that Legislative Legal Services was available to answer
questions.
1:54:42 PM
REPRESENTATIVE CARPENTER withdraw Amendment 5.
1:56:50 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:56 p.m.